(a) Compliance. Each sign or part of a sign erected within the zoning jurisdiction of the City of Sidney must comply with the provisions of this chapter, other relevant provisions of the City of Sidney’s Municipal Code, and the applicable building codes.
(b) Resolution of Conflicting Regulations. This chapter is not meant to repeal or interfere with enforcement of other sections of the City of Sidney’s Municipal Code. In cases of conflicts between Code sections, State or Federal regulations, the more restrictive regulations shall apply.
(c) Prohibited Signs. The following signs are prohibited in all zoning districts.
(1) Obsolete or Abandoned Signs.
A. Any on premise sign which advertises or identifies a business, product or service that has not been in use at that location for 180 days.
B. Any off premise advertising sign which does not correctly advertise or identify a bona fide business, product, service or interest for 180 days.
C. Any sign that is not in a state of repair in conformance with Section 1272.03(g) of this chapter.
(2) Improperly Attached. Any sign which is attached to a standpipe, gutter drain, unbraced parapet wall, fire escape, rock, tree or utility pole.
(3) Obscene Material. Any sign which contains statements, words or pictures calculated to shock the moral senses by disregard of modesty.
(4) Public Nuisance. Any sign which is a public nuisance because of amplified sound, smoke emission, emitted visible vapor particles or objectionable odors, noise, vibration, lighting or constitutes a nuisance as set forth in Chapter 1284
of this Code of Ordinances.
(5) Unsafe. Signs that create a safety hazard by obstructing the clear view of pedestrians or vehicles, or which obscure official signs or signals.
(6) Non-Official. Any sign other than an official public traffic, street or related sign located in any street or highway right-of-way unless allowed by this chapter.
(7) Snipe. Any sign nailed or otherwise attached to any tree, pole, building or structure advertising any business, commodity, service or facility sold or offered elsewhere than upon the same zoning lot where the sign is located.
(8) Violation of other Laws. Any sign which violates or advertises products or activities which violate City, State or Federal law.
(d) Exempt Signs. The following signs are permitted in any zoning district and are exempt from other provisions of this chapter:
(1) Residential Real Estate or Residential Construction Signs. Signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed or the progress of a residential rehabilitation or home improvement project. One non-illuminated sign, not to exceed six square feet, shall be permitted on each premise. Such signs shall not extend higher than four feet above grade level. Such signs shall be removed within seven days after the disposition of the premises.
(2) Commercial Real Estate Signs. One non-illuminated sign, not to exceed 32 square feet, shall be permitted on each premise. Such signs shall not extend higher than eight feet above grade level or closer than ten feet from any property line unless located on the wall of a building. Such signs shall be removed within seven days after the disposition of the premises.
(3) Construction Signs. Signs identifying the architect, engineer, contractor or other individuals involved in the construction of a building and such signs announcing the character of the building enterprise or the purpose for which the building in intended buy not including product advertising. One non-illuminated sign not to exceed 50 square feet shall be permitted per street frontage. Such sign shall not extend higher than ten feet above grade level or closer than ten feet from any property line unless located on the wall of a building. Such signs shall be removed within seven days following completion of construction.
(4) Political Campaign Signs. Signs announcing candidates seeking public political office or pertinent political issues. Such signs shall not be erected earlier than 90 days prior to the election or event to which they pertain and shall be removed within seven days following the election to which they pertain and are subject to the following regulations:
A. Residential Districts. Temporary signs six square feet in area or less for campaign purposes may be located on private property.
B. Commercial and Industrial Districts. Temporary signs for campaign purposes which are less than six square feet in area may be erected on private property. Temporary signs for campaign purposes over six square feet in area and under 32 square feet in area may be located on private property if located so as not to obstruct traffic.
(5) Street Banners. Signs advertising a public event, providing that specific approval is granted under regulations established by the City Council.
(6) Seasonal Decorations. Signs pertaining to recognized national holidays and national observances.
(7) Public Signs. Signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs, including signs designating hospitals, libraries, schools and other institutions or places of public interest or concern.
(8) Integral Signs. Signs for churches or temples, or names of buildings, dates of erection, monumental citations, commemorative tablets and other similar signs when carved into stone, concrete or other building material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached.
(9) Window Signs. Such signs which are displayed inside of a window or within a building.
(10) Works of Graphic Art. Painted or applied to building walls, which contain no advertising or business identification messages.
(11) Neighborhood or Subdivision Identification Signs. That are under 50 square feet.
(12) Bulletin Boards for Religious Assembly and School Use. Provided that they have a maximum area of 32 square feet, are protected from the elements and permanently mounted to the main structure. These types of signs shall be for the sole use of the religious assembly and/or school and not the general public.
(e) Temporary Commercial Signs.
(1) Permit Required. All temporary signs not listed in Section 1272.03
(d) but falling within the definition of temporary signs shall be classified as temporary commercial signs. Only temporary portable signs mounted on wheels or trailers without wheels shall obtain a temporary sign permit from the City of Sidney prior to any repair, alteration, relocation or maintenance of such a sign.
(2) Time. A temporary commercial sign may remain in place for a period of 90 days.
(3) Size Limitation.
A. The maximum size of a temporary sign shall be 50 square feet in area.
B. The maximum size of a temporary portable sign mounted on wheels or a trailer without wheels shall be 32 square feet in area. Such signs may be located on a site for a maximum of 30 consecutive days and shall be located on any single site no more than two times per year.
(4) Location Requirements.
A. Temporary commercial signs shall not be attached to any public utility pole or trees on either public or private property.
B. Temporary commercial signs are prohibited in any public right-of-way or property, including streets, sidewalks, parks and public facilities.
C. Temporary commercial signs shall not be located within the vision clearance triangle defined in Section 1272.03(f).
D. Temporary commercial signs shall not interfere with any public right-of-way, driveway or access way or any means of access or egress to any building.
(5) Condition of Temporary Signs.
A. All temporary signs shall be maintained in sound condition. Any signs that exhibits deterioration of structure or materials may be removed subject to the provisions of this section.
B. The City Manager and his or her authorized officers shall order the removal of any sign not in compliance with any provisions of this section. If the owner of the premise on which such sign is located, or the owner of the sign if unlawfully located on public property, fails to remove such sign, the City Manager and his or her officers shall be authorized to remove the sign. Any costs of removal of a sign on private property shall be assessed to the owner of the property. Any such removal shall also result in the immediate cancellation of any outstanding temporary sign permit.
(6) Permit Application.
A. An applicant for a temporary commercial sign shall complete a form developed by the City and shall pay a fee established by the City Council.
B. The Building Official shall verify this information as required to issue the permit.
(f) Vision Clearance Area. No sign may project into or be placed within a vision clearance area defined by a triangle with legs of 30 feet from the point at which the rights-of-way of two intersecting streets, private ways or alleys, or 15 feet from the point at which the rights-of-way of intersection street, and driveway or sidewalk meet except that signs employing a single pipe or column, maximum 16 inches in diameter or 12 inches square may be allowed in the vision clearance area provided the sign board is a minimum ten feet off grade subject to site plan review. Directional signs not exceeding three feet in height and not exceeding four feet in length may be permitted in the vision clear zone provided the sign is primarily directional in nature. Property name, logo and/or address may be included in directional signs in the vision clear zone provided the majority of the sign remains directional in nature.
(g) Maintenance. All signs and their structures, both permanent and temporary, shall be maintained by the sign owner and/or the owner of record of the real property upon which the sign is located. Signs shall be maintained so as to be structurally sound, in good repair, safe condition, and shall be kept in a state of un-deteriorated or abandoned appearance by means of painting, sealing or coating and repair or replacement of damaged parts, panels or lights. Maintenance carried out in accordance with this section shall not require a sign permit provided the sign is not enlarged, moved or altered in any manner which would create or increase a nonconforming condition. Any sign violating these requirements shall be repaired or removed as required.
(1) No sign shall be allowed to have more than 10% of its total surface area covered with disfigured, cracked, faded, rotted, ripped or peeling paint or covering, or any combination of these conditions for more than 30 consecutive days.
(2) No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts which cause the sign to stand more than 15 degrees from the perpendicular for more than 30 consecutive days.
(3) No sign or sign structure shall be allowed to have weeds, vines or other vegetation obscuring more than 10% of the sign from the street or highway from which it is intended to be viewed for more than 30 consecutive days.
(4) No illuminated sign shall be allowed to stand with only partial illumination for more than 30 consecutive days.
(5) No person shall maintain or permit to be maintained on any premises owned or controlled by said person any sign that has had the sign face removed. Such signs shall have a blank face installed or the sign frame shall be removed.
(h) Nonconformance. Where a sign exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on the area, use, height, setback, or other characteristics of the sign or its location on the lot, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such sign may be enlarged or altered in a way which increases its nonconformity; however, reasonable repairs and alterations may be permitted.
(2) Should such a sign be destroyed by any means to an extent of over 50% or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
(i) Removal. When a property or business has been vacant for greater than six months all signage, including the sign insert, frame, lighting or other equipment incidental to said sign shall be removed from the property or business. However, the main support, base, pole orfoundation may remain as long as it is kept in good condition and undamaged.
If signs are not removed according to the provisions of this chapter, but are abandoned and left in place, the Building Official or his or her representative may order the affected property owner to remove such signs. Should the owner or agent refuse or neglect to act within 30 days after the service of such notice, the Building Official may enter upon the premises and remove or cause to be removed such signs and the cost of such removal shall be assessed to the property from which such sign or sign structure is removed.
(j) Temporary and Civic Signs.
(1) Temporary or portable signs for grand openings, sales and special events are permitted in commercial and industrial zoning districts, subject to the following requirements:
A. Such signs are subject to the permit procedures set forth in this section.
B. No more than one such sign is permitted at any single premises.
C. Temporary or portable signs may be present at any single premises for a maximum of 90 days per year.
(2) Temporary signs for non-profit civic campaigns or events, or other non-commercial events are permitted in any zoning district and are exempt from other provisions of this section, subject to the following requirements:
A. Such signs are installed no earlier than 30 days before the date of the event and removed no later than seven days after the date of the event.
B. The maximum size of such signs shall be six square feet when located in any residential district and 32 square feet in any other zoning district.
(Ord. 1790. Passed 6-27-17.)