Proposed Sign Ordinance

[Teresa Uhle <tauhle@moscow.com>]

Vision 2020:

In response to Mike Curley's and others' requests for the text of the
proposed sign ordinance, I have attached it in both a Word 97 format
(proposed sign ord9-9-98.doc) and in a text format (pro-sign.txt).

It will also be posted on the City's web page in the near future at
<http://www.moscow.id.us/>

Please feel free to e-mail me directly any input regarding this proposed

ordinance, and I will forward it to the P & Z Commission's Sign
Subcommittee and Dale Pernula, Community Development Director.

Teresa Uhle, Permits Technician
City of Moscow
PO Box 9203
Moscow, ID  83843
(208)883-7022

proposed sign ord9-9-98.doc

Proposed Chapter 7 of Zoning Ordinance,
Moscow City Code, Title 4
(November 19, 1998)
Draft 
SIGN REGULATIONS

INTENTS AND PURPOSES:  
It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and visitors of the City of Moscow and to promote visual appeal by regulating and controlling the type, size, location, height, and placement of signs for the following reasons:

A.	To promote planned and organized signage for each zoning district

B.	To give all businesses and institutions an equal opportunity within zoning districts 
to have signage that will help people find the services they need

C.	To prevent the cluttered effect caused by the number of signs, and to prevent overly-intrusive signage through business corridors and within neighborhoods

D.	To ensure that pedestrians and motorists are protected from injury and damage which may be caused by the distractions and obstructions of overly-intrusive or improperly placed signs.

Further, it is the intent and purpose of this chapter to provide a reasonable balance between the right of a business or institution to identify and promote itself with signs and the right of the public to be protected from the potential negative visual impacts and safety hazards which may result from the unrestricted proliferation of signs.

SIGN DEFINITIONS 
AWNING:  A shelter supported entirely from the exterior wall of a building, that is constructed of canvas or other cloth type material stretched over a frame.

AWNING SIGN:  A sign which is attached to or part of an awning.  An awning sign shall be regulated as a wall sign unless it qualifies as another type of sign.
  
BILLBOARD:  A sign on which space is leased or rented by the owner thereof.

CANOPY: A shelter or roof-life cover supported by either a building and/or poles from the ground.

CANOPY SIGN:  A sign that is part of or attached to the face of a canopy with the face of the sign in a plane parallel to the canopy.  A canopy sign shall be regulated as a wall sign unless it qualifies as another type of sign.

FREESTANDING SIGN:  A sign supported primarily by uprights, braces or poles in or upon the ground.

INSTITUTIONAL SIGN:  A sign which advertises an on-site service or function having primarily governmental, social, educational, or religious purposes.

MARQUEE:  A permanent, roof-like structure attached to and extending beyond the wall of a building to attract attention to and provide shelter for the main entry (or entries) of a building.

MARQUEE SIGN:  A sign which is attached to or part of a marquee.  A marquee sign shall be regulated as a wall sign unless it qualifies as another type of sign.

MONUMENT SIGN:  A sign mounted on top of a ground base, such that there is direct contact or no more than six (6) inches between the bottom of the sign face and the base of the sign for at least one-half the length of the base.

MURAL:  Any artistic display painted directly onto a wall which does not otherwise qualify as a sign.  Any such artistic display which qualifies as a sign shall be regulated as a wall sign.

PORTABLE SIGN:  A freestanding sign that is manufactured or designed to be placed on top of the ground without anchoring or a foundation.

PROJECTING SIGN:  A sign which projects by length or width (not thickness) from and is supported entirely by a wall, canopy, eave,  parapet, fence or marquee.

ROOF SIGN:  A sign erected upon or over the top of a roof.  A roof sign shall not include a sign located on a mansard roof if the sign is integrated with the roof design.  For the purpose of this Ordinance, a sign that is architecturally integrated into a mansard roof shall be classified as a wall sign.

SIGN:  A presentation, display, or representation of words or letters, or of a figure, design, picture, painting, color pattern, logo, emblem, symbol, trademark or other representation so as to give notice, advertise, or call attention to, or identify any business, industry, profession, institution, organization, enterprise,  commodity, service, assemblage, place, subdivision, solicitation, or request for aid.

SUSPENDED SIGN:  A  sign hanging down or projecting downward from a canopy,  eave, awning or other similar projection.

TEMPORARY SIGN:  A sign requiring no structural ground or building support, and displayed solely for temporary and short-term announcement, message, or advertisement or for land or building sale, rent, or lease.

WALL SIGN:  A sign which is part of or attached to,  a wall, window, parapet, eave, door or fence with the face of the sign in a plane parallel to the wall, window, parapet, eave, door, or fence.


SIGNS PERMITTED UPON ISSUANCE OF A SIGN PERMIT:  
No sign shall be erected, put into place, relocated, enlarged, structurally altered, or illuminated without issuance of a sign permit, unless explicitly exempted herein.

EXEMPT SIGNS:
Any sign which does not require a permit and which is  allowed in addition to other permitted signage, but which must comply with other applicable regulations of this chapter are as follows:

A.	All Zoning Districts:
1.	A directional, warning, street, building identification, traffic control, informational, utility location identification or temporary special event sign which is displayed by or on behalf of federal, state, county, or city government
2.	A public utility sign identifying locations of underground utilities or warning of hazardous utilities
3.  	A parking lot entry, exit, traffic directional or  parking sign which does not contain any form of advertisement for or identification of any business, institution, organization, etc.

B.	FR, SR, R-1, R-2, R-3 Zoning Districts:
One (1) sign per lot street frontage noticing the lot on which the sign is posted for sale or lease.  No such sign shall exceed six (6) square feet in size.

C.	R-4, RO and NB Zoning Districts: 
One (1) sign per lot street frontage noticing the lot on which the sign is posted for sale or lease.  No such sign shall exceed nine (9) square feet in size.

D.	RTO, "U", CB and GB Zoning Districts: 
One (1) sign per lot street frontage noticing the lot on which the sign is posted on which the sign is posted for sale or lease.  No such sign shall exceed twelve (12) square feet in size.

E.	AF, MB and "I" Zoning Districts: 
One (1) sign per lot street frontage noticing the lot on which the sign is posted for sale or lease.  No such sign shall exceed thirty-two (32) square feet in size.

F.	 CB, GB, MB Zoning Districts:
A sign placed in or on a window or door provided that the total sign area in or on the window or door not exceed twenty-five (25) percent of the window or door, in which case the sign shall be counted as a wall sign.

SIGNS PROHIBITED IN PUBLIC RIGHT-OF-WAY:
Any sign, sign structure or part thereof except for public traffic and highway signs, shall not be located within any public right-of-way, except as explicitly provided herein. A sign may project or be suspended over a public right-of-way subject to the following:

A.  	No sign, sign structure, foundation or part thereof  shall be located in the ground, attached to or painted upon any structure, utility pole, bridge, or any other appurtenance  within a public right-of-way.

B.	No sign, sign structure or part thereof shall project closer than two (2) feet from any curb nor closer than four (4) feet from any built road, street, or alley which has no curb.

C.	No sign, sign structure, or part thereof shall maintain less than ten  (10) feet to the ground below it or not less than fifteen (15) feet if the surface below is a driveway.

D.	No sign shall be located within the street intersection vision triangle of vehicular operators as described in Idaho Code Section 49-221, except as explicitly allowed thereby.

E.	A sign which does not conform to all relevant provisions of this Chapter and which is  located in a public right-of-way may be removed by the City of Moscow at any time pursuant to  Article XII, Section 2 of the Idaho Constitution, and Sections 50-301 and 50-314 of  Idaho Code.

NONCONFORMING SIGNS:
PURPOSE: The eventual elimination of existing signs that are not in conformity with the  provisions of this chapter is as important as the regulation of new signs.  Except as otherwise provided herein, the owner of any lot or property on which exists a sign that does not conform with the requirements of this chapter and for which there is no prior, valid sign permit shall remove such sign.

A.. 	Any sign which was legally permitted before [Date of enactment of this chapter] is considered to be a legal, permitted sign under this Ordinance.  Except as provided for in Section [_______ ]of this chapter, said sign, if nonconforming with this Chapter, may not be:
	1. 	Replaced, except with a conforming sign;
2.  	Changed in copy, (except for signs specifically designed to be readily changed in 
copy).
3. 	Structurally altered to extend its useful life;
	4.  	Expanded, moved, or relocated.

B. 	No nonconforming sign may be altered or enlarged in any way which increases its nonconformity, but it may be altered or relocated to decrease its nonconformity, except as provided in Section  [ _____ ]of this Chapter.

C. 	Any lot or property with a nonconforming sign may not add additional signage until every sign on the lot or property is brought into conformance with this Chapter.  No permit for building expansion or approval for  use expansion shall be given unless such nonconforming sign is taken down, altered or relocated to be made conforming, or replaced with a conforming sign.

POLITICAL SIGNS:  
Political signs are not regulated by this Chapter.

SIGN AREA/SIZE CALCULATION:
The area of a sign shall be determined by the Zoning Administrator by calculating the area of a perimeter which encloses the outmost edges of any writing, symbols, logos, color banding, framework or structure, together with any other form if display which is part of or attracts attention to the sign.

The area of two (2) sided or double faced signs shall be calculated using only one (1) sign facing, providing that the intersection of the two (2) sign facings does not exceed a forty-five (45) degree angle, in which case the sign area shall be calculated as the sum of the areas of both sign facings.

The area of a sign which contains greater than two (2) sign facings shall be calculated as the sum of the areas of all of the sign facings.

PERMITTED SIGNS IN THE AF AND FR ZONING DISTRICTS:
1. 	A maximum of thirty-two (32) square feet of total sign area, identifying a permitted institutional or commercial use located on the lot.

2.	A maximum of one (1) freestanding sign per lot street frontage. 

3.	No freestanding sign shall exceed twenty (20) square feet in size or ten (10) feet in height.

4.	External illumination only, no strobe lights, flashing lights, rotary lights, or beacons shall be permitted, and the source of any illumination shall not be visible from any adjoining street or property.

5.	No roof sign or portable sign shall  be permitted.

6.	A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet to the ground below or twelve (12) feet if over a driveway.

PERMITTED SIGNS IN THE SR, R-1, R-2 AND R-3 ZONING DISTRICTS:
1.	A maximum of thirty-two (32) square feet of total sign area per lot identifying a permitted institutional use located on the lot.  Said signage must be determined by the Zoning Administrator to be compatible with the neighborhood within such zoning district.

2.	A maximum of four (4) square feet of total sign area per lot identifying a permitted commercial use located on the lot.  Said signage must be determined by the Zoning Administrator to be compatible with the neighborhood within such zoning district.

3.	A maximum of one (1) freestanding sign per lot street frontage.

4.	No freestanding sign shall exceed twenty (20) square feet in size nor ten (10) feet in 
height.

5.	External illumination only, no strobe lights, flashing lights, rotary lights, or beacons shall be permitted, and the source of any illumination shall not be visible from any adjoining street or property.

6.	No roof sign or portable sign shall  be permitted.

7.	A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet to the ground below or twelve (12) feet if over a driveway.

PERMITTED SIGNS IN THE R-4, RO AND NB ZONING DISTRICTS:
1.  	A maximum of thirty-two (32) square feet of total sign area per lot, identifying a permitted institutional or commercial use located on the lot.  Said signage must be determined by the Zoning Administrator to be compatible with the neighborhood.

2.	A maximum of one freestanding sign per lot street frontage.  Lots with more than one street frontage shall not group allowable signs on one frontage.

3.	No freestanding sign shall exceed twenty (20) square feet in size nor ten (10) feet in height.

4.	External illumination only, no strobe lights, flashing lights, rotary lights, or beacons shall be permitted, and the source of any illumination shall not be visible from any adjoining street or property.

5.	No roof sign or portable sign shall be permitted.

6	A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet to the ground below or twelve (12) feet if over a driveway.

PERMITTED SIGNS IN THE RTO AND "U" ZONING DISTRICTS:
1.  	A maximum of sixty-four (64) square feet of total sign area per lot identifying a permitted institutional or commercial use located on the lot.

2.	A maximum of one (1) freestanding sign per lot street frontage. Lots with more than one street frontage shall not group allowable signs on one frontage.

3.	No freestanding sign shall exceed thirty-two (32) square feet in size nor ten (10) feet in height.

4.	External illumination only, no strobe lights, flashing lights, rotary lights, or beacons shall be permitted, and the source of any illumination shall not be visible from any adjoining street or property.

5.	No roof sign or portable sign shall be permitted.

6.	A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet to the ground below or twelve (12) feet if over a driveway.

PERMITTED SIGNS IN THE CB AND GB ZONING DISTRICTS:
1. 	A maximum of one hundred fifty (150) square feet of total sign area per lot.

2.	A maximum of one (1) freestanding sign per lot street frontage.  Lots with more than one street frontage shall not group allowable signs on one frontage.

3. 	No freestanding sign shall exceed fifty (50) square feet in size nor fifteen (15) feet in 
height.

4.	Any freestanding sign erected over a driveway shall maintain a minimum clearance of twelve (12) feet to the driveway surface.

5.	No projecting sign shall exceed fifty (50) square feet in size, nor shall it exceed a height of thirty (30) inches above the building wall.

6.	A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet to the ground below or twelve (12) feet if over a driveway.

7. 	The total area of wall signs on a building shall not exceed one and one-half (1.5) square feet times the building frontage at the street.

8.	Signs may be internally or externally illuminated, however, no strobe lights, flashing lights, rotary lights, or beacons shall be permitted and the source of any illumination shall not be visible from any adjoining street or property.

9.	No roof sign shall  be permitted.

10.	Portable signs may be permitted in the Central Business Zoning District only.

PERMITTED SIGNS IN THE MB AND "I" ZONING DISTRICTS:
TOTAL SIGN AREA PER LOT
Total sign area per lot shall not exceed the lesser of the following:
1.	two thousand five hundred (2,500) square feet; or

2. 	two (2) square feet per linear foot of lot street frontage; or

3. 	two (2) percent of the lot area; however

4.	any permitted use shall be allowed a minimum of one hundred twenty (120) square feet of total sign area per lot, provided that other requirements are met.

ILLUMINATION
Signs may be internally or externally illuminated; no strobe lights, flashing lights, rotary lights, or beacons shall be permitted, and the source of any illumination shall not be visible from any adjoining street or property.

FREESTANDING SIGNS
1.	No freestanding sign shall be allowed within ten (10) feet of a street right-of-way.

	2.	No freestanding sign structure located beyond ten (10) feet from a street right-of-way 
	shall contain greater than one hundred (100) square feet of sign area or one hundred (100) square feet, plus ten (10) percent for each additional business advertised, plus thirty (30) percent for each one hundred (100) square feet of landscaping around the base of the sign; however, no such sign structure shall contain greater than two hundred (200) square feet of sign area.

3.		No freestanding sign located beyond ten (10) feet from a street right-of-way shall exceed 
twenty-five (25) feet in height.

4.		Any freestanding sign erected over a driveway must maintain a minimum clearance of 
twelve (12) feet from the bottom of the sign to the driveway surface.

5. 	The total number of freestanding signs per lot shall be limited to the greater of the 
following:   one (1) per lot street frontage, or one per three hundred (300) feet of lot street frontage with two hundred (200) foot minimum spacing. Lots with more than one (1) street frontage shall not group allowable signs on one (1) frontage.

MONUMENT SIGNS
1. No monument sign  located within ten (10) feet of a street right-of-way shall exceed twenty-four (24) square feet in size or twenty-four (24) square feet plus fifty (50) percent if a minimum of fifty (50) square feet of landscaping is provided around the base of the sign.

2. No monument sign located within ten (10) feet of a street right-of-way shall exceed four (4) feet in height, except that a monument sign not greater than three (3) feet in width may be allowed a maximum height of eight (8) feet.

3. No monument sign  located beyond ten (10) feet from a street right of way shall exceed sixty (60) square feet in size or sixty (60) square feet plus fifty (50) percent if a minimum of one hundred (100) square feet of landscaping is provided around the base of the sign.

4. No monument sign located beyond ten (10) feet from a street right of way shall exceed fifteen (15) feet in height.

5. The number of monument signs per lot shall be limited to the greater of the following:  one (1) per lot street frontage or one (1) per two hundred (200) feet of lot street frontage with one hundred (100) foot minimum spacing. Lots with more than one (1) street frontage shall not group allowable signs on one (1) frontage.
PROJECTING SIGNS
1. No projecting sign shall exceed fifty (50) square feet in size.

2. No projecting sign shall exceed a height of thirty (30) inches above the building wall.  

3. A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet from the bottom of the sign to the ground below it, or a minimum of twelve (12) feet if the ground below is a driveway.

4. A maximum of one (1) projecting sign per principal use or per building wall, whichever is greater.

ROOF SIGNS
1. A maximum of one (1) roof sign, not to exceed eighty (80) square feet in size, per principal building.

2. No roof sign shall exceed twenty-five (25) feet in height above the ground.

3.  A projecting or suspended sign shall maintain a minimum clearance of eight (8) feet to the
     ground below or twelve (12) feet if over a driveway.

WALL SIGNS
1. Total wall sign square footage per wall  shall  not exceed  two (2) square feet times the  length of the wall.

2. No wall sign shall  project more than thirty (30) inches above the  wall.

BILLBOARDS
A billboard may be permitted in addition to other allowable signage provided the billboard meets the following requirements:
1.	it is located on property within fifty (50) feet of U.S. Highway 95 or State Highway 8 
right-of-way;

2.	it be spaced no closer than one thousand (1,000) feet of another billboard;

3.  	it not exceed three hundred (300) square feet per facing with no more than two (2) facings (a tri-action billboard shall be considered as having more than two (2) facings);

4.  	it not exceed twenty-five (25) feet in height;

5. 	if illuminated, the source of illumination be external and not directly visible from any location on any adjacent lot or right-of-way;

6.  	it maintain a minimum clear distance of eight (8) feet from the bottom of the billboard to 
the ground below it or a minimum of twelve (12) feet if the ground below is a driveway.

Signs by zone.9-9-98(2)
5