HomeMy WebLinkAboutOrd No 1304 Dev Code Ord 1200 - Amend Sign CodeInstrument # 469927
REXBURG, MADISON, IDAHO
12-21-2023 12:16:27 PM No. of Pages: 13
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Offlcio Recorder Deputy
CITY OF REXBURG ORDINANCE NO. 1304
DEVELOPMENT CODE ORDINANCE 12oo AMENDMENTS
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT
CODE (PLANNING AND ZONING ORDINANCE NO. 1200)
CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS;
THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS
TO CHAPTER 2 DEFINITIONS -MODIFIED DEFINITIONS
PERTAINING TO SIGN TYPES; AMENDMENTS TO CHAPTER 3
SECTION 3.5 SIGN STANDARDS FOR ALL ZONES; REMOVAL OF
SIGN REQUIREMENT REFERENCES IN ANY SPECIFIC ZONE;
PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE
ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF
THE ORDINANCE.
WHEREAS, The City of Rexburg is incorporated as an entity of the State
of Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of
Rexburg as the primary source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho State Code.
NOW THEREFORE, be it ordained by the Council of the City of
Rexburg, in the State of Idaho, be established to read as follows:
SECTION is REPEAL "Definitions" of the Rexburg
Development Code is hereby repealing as follows:
Animated Sign: A sign, any visible part of which moves, flashes, or
changes color, regardless of the source of energy which causes the
movement, flash, or change of color.
Architectural Blade Sign: A roof sign or projecting sign with no legs or
braces which is an integral part of the building structure, rather than an
object added to or standing on the building.
Direct Lighted Sign: Light for a sign which is visible to a viewer.
Flood Lit Lighting Sign: Lighting which is reflected from the surface of a
sign or building.
Indirect or Internal Lighting Sign: Lighting for which the source of
light is located in such a manner that the light must travel through a
translucent material other that the bulb or tube necessary to enclose the
light source, which material has the effect of dispersing the light before it
strikes the eye of the viewer.
Projection Sign: A sign that projects from and is supported by a wall of a
building or other structure.
i. If a sign is connected to a wall, it counts as part of wall signage.
2. If a sign is connected to a pole, it counts as part of free standing
signage.
Public Service Information Sign: A sign which provides general public
service information such as time, date, temperature, weather, directional
information, and messages of interest to the traveling public, and which are
commonly used to augment business identification signs.
Swinging Sign: A sign which is installed on an arm or spar and is not
permanently fastened to an adjacent wall or upright pole.
Under Canopy or Marquee Sign: A sign suspended below the ceiling or
roof of a canopy or marquee.
Sign, Background Area: The area comprising the message portion of a
sign, not including the supporting structure.
SECTION 2: ADOPT "Definitions Sign" of the Rexburg
Development Code is hereby amended as follows:
Accessory On Premise Sign: A sign, separate from the sign that
identifies the business, that advertises brands or products available at
the business.
Blanketing: The partial or complete obstruction of view of the face
of one sign by another sign.
Directional Sign, Public: A sign provided an managed by the City
or other jurisdiction that designates direction or location, or serves as
wayfinding for public services or sites.
Plaza Sign: A sign that identifies the name of a business complex
(i.e. a plaza, strip mall or professional building) as well as advertises
individual tenants located within.
Sign Area: The area comprising the message portion of a sign, not
including the supporting structure.
SECTION 3: AMENDMENT "Definitions Sign" of the
Rexburg Development Code is hereby amended as follows:
Blade Sign: A blade sign is a type of sign mounted on a building for the purpose
of pedestrian traffic.
Canopy sign: A sign which is attached or affixed to a canopy or marquee.
Changeable Copy panel (Reader board) Sign: A sign with the capability of
content change by means of manual or remote input.
Directional Sign, Private: Any sign which serves to designate direction or
location, including directories, private parking signs, drive-thru signs, exit and
entrance signs, etc.
Free standing, Detached, Monument, Pole, or Ground Signs: A sign
which is wholly supported by columns or other vertical supports in or on the
ground (not part of the building structure).
Real Estate Sign: Any temporary sign advertising the sale, lease, or rental of the
property or premises on which it is located.
Temporary Sign: A sign which is intended to be displayed for no more than
sixty (6o) days consecutively and is not permanently affixed.
Wall Sign: A sign affixed parallel to the plane of the face of the building facade.
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Accessory On Premise Signs
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SECTION 4: AMENDMENT "3.05.010 Purpose and
Objectives" of the Rexburg Development Code is hereby amended as
follows:
3.05.010 Purpose and Objectives
Signs are a means of identifying and conveying messages visually for
businesses and individuals. The Sign Code establishes standards for the use of
signs and sign structures including the placement, size, height, illumination,
maintenance, and number of signs.
SECTION 5: REPEAL "3.05.02o Record Keeping" and
" 3.05.03o Definitions" of the Rexburg Development Code is hereby
repealed.
SECTION 6: AMENDMENT "3.05.040 Permit Required"
of the Rexburg Development Code is hereby amended as follows:
3.05.040 Permit Required
Except as otherwise provided in this Code, it shall be unlawful for
any person to erect, construct, enlarge, move or convert any sign in the City
without first obtaining a Sign Permit. If a permit has been previously
issued, an additional permit shall not be required for the repainting,
cleaning or other normal maintenance or repair of a sign or sign structure.
A review will be required for any change of face or business name update.
The permit application requires:
A. Written consent from the property owner or authorized representative of
the owner.
B. Submittal of any applicable sign specifications, site plans (including
dimensions, pins and property lines), engineering documents, and/or
lighting plans.
1. Verifiable property pins must be identifiable on site.
C. Any applicable fees to be paid.
D. Review and approval by the City of Rexburg.
SECTION 7: REPEAL "3.05.05o No Permit Required",
443.05.o6o Permit Fee", "3.05.070 Permissions to Install", "3.05.o8o
Conditional Use Permit", and "3.05.100 Sign Application" of the Rexburg
Development Code are hereby repealed.
SECTION 8: AMENDMENT "3.05.090 Noncompliance" of
the Rexburg Development Code is hereby amended as follows:
3.05.ogo Noncompliance
Any person, firm or corporation violating any provision of this Ordinance shall
be guilty of an infraction, and be subject to the following civil penalties or
remedies:
A. If a sign is placed in or projects into any public right-of-way, or has been
deemed unsafe by the Building Official, City Engineer, or Zoning
Administrator, it may be immediately removed by the City at the expense
of the owner, sign company and/or responsible party.
B. If in violation of some other provision of this Ordinance, the City may
cause a written notice to be given requiring that the violation be
corrected within fourteen (14) days.
C. If the owner, sign company and/or responsible person for the violation
fails to comply, then the violator(s) shall be liable for civil penalties See
subsection l.ol.o9o.) The City shall have the right to remove the sign at
the violator's expense in addition to the aforementioned penalties for
each day of violation.
SECTION 9: AMENDMENT "3.05.110 Sign Standards" of
the Rexburg Development Code is hereby amended as follows:
3.05.110 Location and Construction Standards
All signs must be located and constructed in accordance with the following
parameters:
A. Clear View of Intersecting Streets.
1. Right-of-way. No sign may be placed or constructed
so that any portion thereof is placed or projects into -
any public right-of-way.
2. Sight Triangle. For the purpose of ensuring reasonable
visibility and safety this Ordinance shall prohibit the
placement of signs within the sight triangle. (See
Chapter 2: Sight Triangle definition.)
B. Off -Premise Signs. Off -premise signs are prohibited.
1. Exceptions.
a. Political/Campaign signs.
b. Real Estate signs.
C. Maintenance. Signs must be maintained in good condition.
1. Abandoned Sign. Any sign no longer associated with
the use of a property, including vacant or unoccupied
properties, shall be considered abandoned and removed
or returned to a blank state within 12 months of being
abandoned.
D. Lighting/Illumination. Any sign that is lit, illuminated,
or contains electrical components must be listed by one of
OSHA's Nationally Recognized Testing Laboratories
(NRTL) as well as the codes adopted by the City of
Rexburg. (see section 3.6)
E. Address Signs. (See subsection 3.02.140).
F. Fire Access Signage. All occupancies classified as
commercial shall have fire access roadways posted with the
proper signs at seventy-five (75') foot intervals.
1. Curb Painting. Additionally, curbs shall be painted
red and maintained as required by the Fire Code
Official.
G. Non-residential Commercial Lots. Signs shall be posted
in parking lots open to the public but restricted to use. Such
signs shall be posted in a conspicuous place giving notice that
clearly indicates that parking is restricted, and violators may be
towed.
H. Visitor Parking Areas. Visitor parking areas must have
adequate and visible signage. Signs must be at least 12" x 18"
and include the words "Visitor Parking Only", "Permit Parking
only during **A.M. to **P.M. and "All others may be booted
and/or towed."
Municipal, traffic and public directional signs shall not be considered
signs as defined and regulated by this sign code.
SECTION io: REPEALED "3.05.120 Sign Background
Area" and "3.05.13o Blade Signs" of the Rexburg Development
Code are hereby repealed.
SECTION ii: AMENDMENT "3.05.14o Free -
Standing Signs" of the Rexburg Development Code is hereby
amended as follows:
3.05.14o Freestanding Signs
A. Sign Height.
1. Outside of US-20 Interchange. Unless further restricted
in this Sign Code-, the maximum height of any free standing
sign not located in the US 20 Interchange Boundaries (see
figures 1, 2 & 3 below) shall have a maximum height of
twenty-four (24') feet from ground level to the top of the sign.
2. CUP. On lots where a twenty-four{24') feet free-standing
sign is allowed and the building height is greater than twenty-
four (24') feet, the maximum height of a free- standing sign -
may be reviewed under a Conditional Use Permit for a taller
free- standing sign not to exceed the building height.
3. Within US 20 Interchanges. The interchange sign
boundary is defined by a fifteen hundred (1500') feet radius
drawn from the center of the highway interchange.
- a. Free-standing signs located in the US 20 Interchange
boundaries (identified in figures 1, 2 &3) shall have a
maximum height of fifty (50') feet from grade (see
"grade" definition in Chapter 2) to the top of the sign.
B. Sign Area.
1. An eighty (8o sq. ft.) square feet sign is allowed for any
single property up to fifty thousand (50,000 sq.ft.) square
feet in lot size.
2. For properties larger than fifty thousand (50,000 sq. ft.)
square feet in area, the total allowable sign area would be
increased by o.0016 square feet for each square foot in excess
of fifty thousand (50,000).
Lot Area = 125,386 square feet
- 50,000 (50,000= 8o square feet sign allowed)
75,386
75,386 x o.0016 = 120.6176 (round up to 121)
121 + 80 = 201 square feet
3. The supporting structure does not count as part of the sign area.
4.Only one side of a flat sign is measured, irrespective of whether
the back side is used for advertising.
5. Banners. Any banners, other than wall banners, must meet
the Freestanding Sign requirements and are included as
part of the freestanding sign area unless considered
temporary and approved by the Zoning Administrator.
6. Directional Signs. Any logos placed on a directional sign
are considered part of the sign area and must be less area than
the directional information.
7. Plaza Signs. Sign space must be available for all tenants
within a plaza while meeting the total allowable sign area.
C. Distance. To avoid blanketing, the distance required between signs is
calculated by dividing the total sign area by the number of signs.
Area of Sign 1 + Area of Sign 2 = Distance between Sign 1 & Sign 2
2.0
D. Number of Signs. Multiple signs are allowed as long as area and
distance requirements are met.
E. Setback. The edge of a sign must be a minimum of five (5') feet
from the property line to ensure that no portion of the sign
overhangs into the right-of-way.
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SECTION 12: REPEALED "3.05.150 Other Signs" of
the Rexburg Development Code is hereby repealed.
SECTION 13: AMENDMENT "3.05.16o Temporary
Signs" of the Rexburg Development Code is hereby amended as
follows:
3.05.16o Temporary Signs
A. Examples. For Sale/Rent/Lease, Political/Campaign,
Garage/yard sale, Banners, Advertising Feather Flags,
sidewalk signs (A -frame Sandwich boards), oversized
balloons, and twirling, dancing or other air or gas filled
figures.
B. Time Limit. Temporary signs shall be displayed for no more
than sixty (6o) days consecutively, and not permanently
affixed.
1. Temporary signs related to a specific event, including
elections, are limited to being displayed no more than
forty-five (45) days prior to the event, and must be
removed within forty-eight (48) hours after the event.
2. Construction signs are defined as temporary and must
be removed within thirty (3o) days of project
completion.
C. Prohibited Locations. Temporary signs must remain outside
of the sight triangle and may not be displayed on utility poles or
signs.
1. Off -Premise Signs. (See section 3.05.110)
D. Size. Temporary signs shall be a maximum of thirty-two (32 sq.
ft.) square feet unless otherwise approved by the Zoning
Administrator.
1. Exception. Sale/Rent/Lease signs in low residential
zones are limited to a maximum size of six (6 sq. ft.)
square feet and are limited to six (6) feet in height. (see
subsection 3.05.190)
E. Maintenance. Signs must be maintained in good condition
as to color and material integrity.
SECTION 14: AMENDMENT "3.05.170 Wall
Banners" of the Rexburg Development Code is hereby amended as
follows:
3.05.170 Wall Banners
A. Temporary Wall Banners. Wall banners displayed for
sixty (6o) days or less are considered temporary.
1. Maximum coverage. Temporary Wall Banners may
be displayed with permanent wall signs as long as the
coverage does not exceed twenty (20%) percent of the
entirety of the wall.
B. Permanent Wall Banners. Any banners displayed for
more than sixty (6o) consecutive days are considered
permanent and must adhere to wall sign standards.
1. A business wishing to have an area for wall mounted
banner signs that allow for interchangeability of
promotional signs may do so by installing a, permanent
frame that does not include strings or other temporary
looking devices.
SECTION 15: AMENDMENT "3.05.18o Wall Signs"
of the Rexburg Development Code is hereby amended as
follows:
3.05.18o Wall Signs
A. Maximum Coverage.
1. Up to too' from ROW. The maximum area of a wall
sign allowed is ten (lo%) percent of the area of the
building wall or walls located within zero (o') feet up to
one -hundred (loo') feet from the right-of-way (ROW)
line.
2.100' to 200' from ROW. The maximum area of a wall
sign allowed is twelve (12%) percent for walls located
within one -hundred (loo') feet to two -hundred (200') feet
from the street right-of-way (ROW) line.
3. Greater than 200' from ROW. The maximum area of
a wall sign allowed is fourteen (14%) percent of the area of
the building wall for walls located more than two -hundred
(200') feet. from the street right-of-way (ROW) line.
B. Wall Area. The wall area is calculated using either the wall
face or street frontage for each separate occupancy. If the wall
containing the sign is curved, the wall area is calculated using
the elevation view.
C. Sign Area.
1. Calculating the area of the sign.
a. Letters. If only letters are placed on a wall,
then the area may be computed by drawing
rectangles around each letter to enclose the
extremities of the letter, and then calculating
the enclosed area.
b. Cabinet or Flat Panel. If a cabinet or flat panel
is used, the area may be computed using the
extremities of the structure.
c. Painted Sign/Supergraphics Sign. If an area
is painted in a different shade or color on a wall
(not matching the general background of the rest of
the building) for advertising with lettering or
graphics, then the extremities of the entire painted
area will count as advertising area.
2. The supporting structure does not count as part of the sign area.
3. Home Occupation. Home occupation signs are
limited to an area of two (2 sq. ft.) square feet.
4. Directional Signs. Any logos placed on a directional
sign are considered part of the sign area and must be less
area than the directional information.
D. Blade Signs. Any sign projecting from a wall or building
shall be placed between eleven (11') feet and sixteen (16')
feet above sidewalk.
SECTION 16: AMENDMENT "3.05.190 Allowable "Sign
Size" And "Sign Permit Conditions" By Zone" of the Rexburg
Development Code is hereby amended as follows:
3.05.190 Sign Specifications by Zone
(Figure 4 Sign Specification by Zone Table Attached)
"Maximum height dependent upon type of directional sign (i.e.
entrance/exit signs are a maximum of three (D feet in height).
SECTION 17: AMENDMENT References to sign standards and
specifications have been reorganized and removed from all individual zones
and consolidated in chapter three section five (3.05) of the Rexburg
Development Code.
SECTION 18: REPEALER CLAUSE Providing for other
substantive and non -substantive changes in the Development Code as
recommended and approved by the Planning and Zoning Commission of the
City of Rexburg, Idaho. Furthermore, any portion ofthe existing Development
Code in conflict with this proposed amendment is hereby repealed.
SECTION i9: SEVERABILITY CLAUSE The provisions of
this Ordinance shall be deemed severable and a finding by a court of law
that a provision of theOrdinance is unlawful shall have no effect on the
remaining provisions.
SECTION 20: EFFECTIVE DATE The City of Rexburg, Idaho
City Council shall enact this Ordinance (#23-00565) amending Ordinance
1200 otherwise knownas the Development Code of the City of Rexburg,
Idaho upon its passage, approval and publication; and shall be in full force
and effect from December 20, 2023, and after the required approval and
publication according to law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this loth day,4Qogppiber 2023.
CORP
0
9
ATTEST:
Deborah Lovejoy, City Clerk
STATE OF IDAHO)
) ss.
County of Madison)
I, DEBORAH LOVEJOY, City Clerk of the City of Rexburg, Idaho, do
hereby certify: That the above and foregoing is a full, true and correct
copy of the Ordinance Entitled:
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT
CODE (PLANNING AND ZONING ORDINANCE NO. 12oo)
CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS;
THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS
TO CHAPTER 2 DEFINITIONS —MODIFIED DEFINITIONS
PERTAINING TO SIGN TYPES; AMENDMENTS TO CHAPTER 3
SECTION 3.5 SIGN STANDARDS FOR ALL ZONES; REMOVAL OF
SIGN REQUIREMENT REFERENCES IN ANY SPECIFIC ZONE;
PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE
ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF
THE ORDINANCE.
PASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this
loth day of December 2023.
Deborah Lovejoy, City Cler
�'CORp
O -�o
r �
Figure 4: Development Code 3.05.190 Sign Specification by Zone
Sign Area
Max Height
Applicable
Property
Sign Type
(Sq. Ft.)
(Ft.
Zones
Setback
Illumination
Restrictions
1 per street
TAG,RRI,RR2
Outside
frontage,
For Sale, Rent
LDRI,LDR2,
Sight
limitedto
Temporary
or Lease
6
6
LDR3,RBD
Triangle
Not Allowed
60days
MDRI,MDR2
,HDR1,HDR2,
Outside
MU,CBC,RBC,
Sight
32
10
LI,HI
Triangle
Not Allowed
Maximum
area of96
TAG,RRI,RR2
Outside
sq.ft.
Construction,
LDR1,LDR2,
Sight
limited to
Temporary
32
81
LDR3,RBD
Triangle
Not Allowed
60days
MDRI,MDR2
,HDR1,HDR2,
Outside
MU,CBC,RBC,
Sight
32
12
LI,HI
Triangle
Not Allowed
TAG,RRI,RR2
Must be
Home
Limited by
LDR1,LDR2,
parallel to
1per street
Wall
Occupation
2
Wall
LDR3,RBD
wall
Not Allowed
frontage
Blade signs
require a
10-14%
MDRI,MDR2
minimum
Depending
HDR1,HDR2,
ground
on location
Limited by
MU,CBC,RBC,
clearance of
Wall Signs
from ROW
Wall
LI,HI
N/A
Allowed
11'
Minimumof
1' )No
24 (50 in
portion of
interchange
MDRI,MDR2
the sign may
Included in
areas
HDR1,HDR2,
overhang
Accessory On-
area
shown
MU,CBC,RBC,
intothe
Premise
calculations
above)
LI,HI
ROW)
Allowed
N/A
Anylogo
must be
smaller
Outside
than the
Private
Sight
directional
Directional
6
3**
All Zones
ITriangle
Allowed
info
Mayapply
for a CUP for
height
Minimum of
greaterthan
1' )No
24'. See
24 (50 in
portion of
calculation
interchange
the sign may
table for
See
areas
overhang
distance
Calculation
shown
CBC,RBC,LI,H
into the
requiremen
Freestanding
Pole Sign
Table
above)
I
ROW)
Allowed
is
Minimumof
1' )No
TAG,RRI,RR2
portion of
,LDRI,LDR2,
the sign may
Maximum
PUD,
LDR3,MDR1,
overhang
area of64
Subdivision
MDR2,HDR1,
into the
sq. ft. per
Identification
64
8
HDR2,MU
ROW)
Allowed
sign
Minimumof
1' )No
Sign space
24 (50 in
portion of
myst be
interchange
the sign may
available for
See
areas
overhang
eachtenant
Calculation
shown
intothe
within the
Plaza Signs
Table
above)
MU,CBC,RBC
ROW)
Allowed
plaza
Off Premise
Not Allowed
Not Al lowed
Not Allowed
Not Al lowed
Not Allowed
Not Allowed