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HomeMy Public PortalAboutOrd. 711 - Amendments of 1999 to Sign Chapter of Zoning Ordinance1 ORDINANCE NO. 711, 2 AMENDMENTS OF 1999 TO SIGN CHAPTER OF ZONING ORDINANCE 3 An ORDINANCE OF THE CITY OF McCALL RELATING TO PLANNING AND ZONING 4 AND TO SIGNS: 5 [§ 1] AMENDMENTS CLARIFYING PURPOSE OF SIGN STANDARDS ; 6 [§ 2] AMENDMENTS DEFINING STANDARDS FOR SIGNS IN RESIDENTIAL, 7 COMMERCIAL AND INDUSTRIAL ZONES, INCLUDING MULTI -TENANT 8 BUILDINGS AND READER BOARD SIGNS; 9 [§ 3] AMENDMENTS TO REQUIREMENTS APPLICABLE TO TEMPORARY SIGNS 10 AND AUTHORIZATION OF A CLASS OF NEW TEMPORARY SIGN FOR A 11 NEW BUSINESS; 12 [§ 4] AMENDMENTS TO REQUIREMENTS APPLICABLE TO SIGNS OTHERWISE EXEMPT 13 FROM PERMITTING; 14 [§ 5] AMENDMENTS TO TREATMENT OF NONCONFORMING SIGNS; 15 [§ 6] AMENDMENTS TO SECTION RESPECTING PROHIBITED SIGNS; 16 [§ 7] AMENDMENTS TO ILLUMINATED SIGNS PROVISION; 17 [§ 8] AMENDMENTS TO SECTION RESPECTING APPLICATIONS FOR SIGN PERMITS, 18 AND SCOPE OF PERMITTED ACTION; 19 [§ 9] REMOVAL AND IMPOUNDING OF ILLEGAL SIGNS; 20 [§ 10] REMOVING SIGNS FROM THE PROVISIONS OF THE SCENIC ROUTE 21 DISTRICT; 22 [§ 11] AMENDMENTS CLARIFYING THE DEFININTION OF READER BOARD SIGNS; 23 [§ 12] PROVIDING FOR AN EFFECTIVE DATE. 24 25 Section 1. McCall City Code 3-24-010, respecting purposes of sign regulation, is amended to 26 read as follows in that specific format required by Idaho Code, that is, with new language 27 underlined, and matter to be deleted struck through: 28 3-24-010. PURPOSES. It is the intent of this Chapter 29 30 31 32 33 34 35 36 37 38 39 . To protect the health, safety and general 40 welfare of residents and visitors by establishing standards for the placement and size of 41 all exterior signs in the Planning Jurisdiction. 42 4E4 To regulato tho sizos, location, charactor and othor portinont foaturos of all oxtorior cigns To provide standards with which the business owner or nonprofit entity may identify the business or entity in a manner consistent with the welfare of the business or entity as part of the Planning Jurisdiction, which is directly dependent upon the economic health of the entire community. To preserve property values and improve traffic safety within commercial and residential areas of the Planning Jurisdiction, as well as to enhance enjoyment of McCall's natural beauty, by controlling the use of signs and their motion and illumination. To improve business opportunity as a result of the increased attractiveness of the Planning Jurisdiction and resulting protection and enhancement of the tourist trade as well as the rest of the economy of the area. {,a )P Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, stub is proposed to be deleted. Page 1 of 12 1 2 {G}LE) 3 4 To reduce undue confusion between signs. To prevent conflicts and confusion between advertising signs and traffic control signs or signals. 5 ()n To prevent possible harm from outdoor signs suspended from or placed on top of 6 structures and otherwise erected above the ground and especially where susceptible to 7 high winds. 8 M Not to regulate the content of speech, other than that speech of an obscene nature, but 9 only the place and manner. 10 Section 2. McCall City Code Section 3-24-020 respecting sign standards applicable to all zones 11 is amended to read in pertinent part as follows and to add a new provision for standard design 12 permitted signs as follows: 13 3-24-020. SIGN STANDARDS BY ZONE 14 (A) General Standards Applicable to All Zones. 15 1. The following sign standards by zone are intended to include every zone in the 16 Planning Jurisdiction. The zones are as defined by this Title. Only signs as -described in 17 this Section, or in Section 3-24-030, Temporary 18 Signs, or in-aaa# Section 3-24-040, Exemptions, will he -are permitted in each particular 19 zone. The area of a sign shall be computed by adding up the square footage of the one, 20 both or all planes of it having words or graphics visible to the public. If a sign includes 21 silhouette designs or letters, whether cut out of the interior of a background, or 22 projecting beyond the edges of a background, or free-standing, the area of the sign 23 shall be computed to include the square -footage of a rectangle that would enclose such 24 designs. For example, should a sign flat against a building that is three feet on a side 25 (9 square feet) have a silhouette of a pine tree siiheaetta attached to and extending 26 above it, such -tea silhouette being one foot wide at the widest and 2 feet tall, then the 27 one foot by two foot rectangle which could enclose that4e4 silhouette shall be added to 28 the 9 square feet of the rest of the sign of which it is a part for a total of 11 square feet, 29 notwithstanding that some of that area in fact includes air around the ttaa silhouette. 30 2. If any zone is omitted from this Chapter, or if a new zone is created after March 24, 31 1994, no signs shall be permitted therein until this Chapter shall be amended to 32 include this zone. 33 (B) Standards Applicable to Residential Zones. 34 35 6. Signs in residential zones for Businesses with Conditional Use Permits or Existing as 36 a Nonconforming Use. The maximum sign area for businesses operating under a 37 conditional use permit or as a nonconforming use shall not exceed 24 square feet. 38 Such signs shall meet all other requirements set forth in MCC 3-24-020 (C). A more 39 restrictive condition in the approval of a conditional use shall govern over this 40 paragraph as to that conditional use. 41 (C) Standards Applicable to Commercial & Industrial Zones. 42 1. General. The regulations and specifications set forth horein in this subsection (C) 43 shall apply to Zone C- Commercial District, Zone GC- General Commercial 44 District, aad Zone CB- Central Business District, and Zone I - Industrial. 45 46 3. Location. 47 (a) Signs may be flat wall signs and located anywhere on the surface of the 48 building. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, strikethr-Gugh-text is proposed to be deleted. Page 2 of 12 1 (b) Signs may be projecting signs only 2 there is no building setback in the CB Zones, and then may project six feet 3 (6') or less beyond the street property Tine, but no closer than two feet (2') 4 to a curb line or other edge of the roadway where there is no curb, and 5 must have a minimum clearance of eight feet (8') above a 6 public sidewalk or nine feet above a walking path where there is not yet a 7 sidewalk, and 15 feet above driveways or alleys. 8 (c) When a projecting sign is closer than 12 feet to a corner of the property, its 9 projection shall be no more than a distance equal to 1/2 the horizontal 10 distance from the sign to that corner. 11 (d) Where a building does not cover the full area of the property, a one sign may 12 be freestanding, , and may be located anywhere on the 13 property. back of the stroot sotback lines. No portion of gsuch a sign may 14 extend more than 20 feet above the average ground level at tho base of 15 below the sign. 16 (e) Signs may be on the vertical faces of marquees and may project below the 17 lower edge of the marquee not more than twelve inches (12"). The bottom 18 of marquee signs shall be no less than eight feet (8') above the sidewalk or 19 grade at any point. No part of the sign shall project above the vertical 20 marquee face, nor shall the marquee be extended above the roof line 21 behind the marquee. 22 (f) Signs shall not project above the part of the roof -lines closest to the sign. 23 (g) Signs shall not be located on any property which is not the site of the 24 subject of the information on the sign, e. .for example, a sign advertising 25 a business may only appear on the same lot or parcel of real estate that 26 is the location of the business. However, an establishment which gains 27 legal access by way of an easement or common area, may place a sign 28 on an abutting property, with permission of the owner of such property. 29 Such a sign must comply with all provisions of this title, and the size of 30 said sign shall be deducted from that alloted to the property on which the 31 sign is located. 32 (h) Signs may be incorporated into building awnings. In terms of calculating 33 sign size, the procedure shall be to calculate the area of the letters and 34 design according to the "silhouette" sign described in MCC 3-24-020 (A) 35 1. 36 /l. Content. Signs shall be identity signs only. 37 4. Multi -tenant Buildings or Plazas. Only one freestanding sign may be erected per 38 building or plaza and may not exceed 50 square feet in area per frontage street. 39 Such signs are referred to as "location sign (s)" in the rest of this paragraph 4. The 40 project sign may set forth the name of the building or plaza (called "project name in 41 the rest of this paragraph 4.), for one example, "Jones Shopping Center". Such 42 signage is in addition to allowable signage for individual businesses. Individual 43 businesses may be identified on the location sign, but may not exceed 8 square 44 feet per business. Signage on the location sign identifying individual businesses 45 shall be deducted from the total allowed for the business in question. 46 Signs for individual tenants may be wall mounted or hanging, but not projecting 47 unless over an interior walkway of the project. The portion of total signage 48 available to each tenant shall be determined by the building or plaza owner. 49 50 5. Illumination. Illumination of signs is permitted, but only in accordance with the 51 restrictions specified in Section 3-24-070. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, strikethrou. t is proposed to be deleted. Page 3 of 12 1 6. Reader Boards (Changeable Letter Signs). No more than 50% of any given sign face 2 may include a space for changeable letters, except as provided for in subsection (a) 3 below. Permitted reader board signs shall be of a high quality, and the letters used on 4 such signs shall be of a durable material such as lexan or acrylic plastic, with a 5 minimum thickness of 0.08 inches and a height not to exceed 9 inches. 6 (a) The Commission may allow an establishment to install a sign with more than 50% 7 of its face made up of reader board only upon making the following findings, and 8 after following the same procedures as for a Conditional Use Permit: 9 10 11 12 13 14 15 16 D) (1) That special conditions and circumstances unique to the type of business, the land, or structure, make compliance with MCC 3-24-020 (C) 6. an undue hardship. In making its findings, the Commission shall take into consideration the products offered by the establishment and whether the inventory changes on a regular basis. The Commission may use the requirements for a variance (MCC 3-31-010) as a guide in determining whether to grant a request under this section, though the request need not meet all requirements of MCC 3-31-010. Industrial Zonos. 17 1. 18 19 20 21 22 23 24 25 26 27 Gonoral. The regulations and specifications sot forth horoin shall apply to Zono I Industrial District. 2. Sizo. There ehall bo pormittod in this Zono, for each industrial ostablishmont, one foot for each lineal foot of building street frontago, or one half (1/2) square foot for 3. Location. Requiremonts shall bo the samo as spocifiod for tho Commercial districts. 4. Content. Signs shall be idontity signs only. 5. Illumination. Illumination of signs is pormittod, but in accordanco with the roctrictions specified in Section 3 21 7. 28 Section 3. McCall City Code Section 3-24-030 respecting temporary signs is amended to read in 29 pertinent part as follows and to add new permitted temporary signs as follows: 30 3-24-030. TEMPORARY SIGNS. The following signs shall be permitted anywhere within 31 the Planning Jurisdiction and shall not require a permit: 32 33 (B) Real Estate Signs. 34 1. Signs advertising the sale, rental or lease of the premises or part of the premises 35 on which the signs are displayed: 36 a. For properties of GPO five contiguous acres or less, the total area of the 37 signage shall not exceed -five. 5 square feet-(44 on one face. A double 38 sided sign may have a total sign surface of 10 square feet. 39 b. For properties of ovor ono five to ten contiguous acres but less than ten 40 ages, the total area of the signage shall not exceed 16 square feet per 41 face; 42 c. For properties over 10 contiguous acres, the total area of the signage 43 shall not exceed 32 square feet per face; 44 d. For properties facing the lake front, the total area of the signage shall not 45 exceed 16 square feet per face. 46 2. Such signs shall be removed within seven days after the sale, rental or lease is 47 documented and closed. 48 3. "Open House" signs shall not exceed six square feet in total area. Opon Houso Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, ct is proposed to be deleted. Page 4 of 12 1 2 3 4 5 Open House signs shall be removed upon completion of the "open house" but in no event shall the sign be in placed longer than 2, 48 hours. 6 4. Illuminated, reflective and day-glo type materials shall not be permitted on any real 7 estate signs. 8 5. Signs shall be maintained in good repair. 9 6. Real Estate signs shall not be placed withinor extend over public rights of 10 way. 11 12 (E) Show Window Signs. Show window signs in a window display of merchandise when 13 incorporated with such a display. They need not be related in content with the display, but 14 unsightly clutter of signs shall be avoided. A sign or signs shall be deemed an unsightly 15 clutter if it or they obscure more than 25% of any one window. Square footage of show 16 window signs shall not be included in the overall allowable square footage of external 17 signs. 18 New Business Signs. With prior written notice to the Administrator and the code 19 enforcement officer, with their written concurrence that the business is new, and upon 20 payment of a fee set by Council from time to time by resolution, a new business may 21 display a temporary sign for not more than a total of 16 consecutive days to announce its 22 opening, which sign shall be on the premises where the business is located. -Such a sign 23 is in addition to the permanent sign and shall not be larger than a sign permitted to the 24 business. 25 Section 4. McCall City Code Section 3-24-040 respecting exempt signs is amended to read in 26 pertinent part as follows: 27 3-24-040. EXEMPTIONS FROM PERMIT REQUIREMENTS. The following types of signs 28 are exempted from all tho provisionc the permit requirements of this Chapter, except -fog. 29 construction and safety rogulations building code requirements that would be applicable in the 30 absence of this Chapter; but shall be subject to any standards in this Chapter made expressly 31 applicable to exempt signs and to-adthe following requirements: 32 (A) Public Signs. Signs of a non-commercial nature and in the public interest, erected by or 33 on the order of, a public officer in the performance of the public officers public duty, such 34 as safety signs, danger signs, trespassing signs, traffics control devices, memorial 35 plaques, signs of historical interest, informational signs, and the like. Such informational 36 signs may include directional signs advising persons upon main roads of through routes 37 and the direction to travel to various public buildings and facilities. 38 39 40 41 42 43 44 45 46 47 (B) Institutional. 1. Signs sotting forth the namo or any simplo announcemont for any public, of that institution up to an aroa of 21 square feet. Section 3 21 7, Signs, Illumination. 3. If building mounted, thoco signs shall bo flat wall signs and shall not project abovo tho roof lino. If ground mountod, tho top chall bo no moro than cix foot (6') to pormit vehicles to pass bonoath the sign. 48 {�)(B) Integral. Names of buildings, dates of erection, monumental citations, commemorative 49 tablets and the like when carved into stone, concrete or similar material or made of 50 bronze, aluminum, or other permanent type construction, and made an integral part of the Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 5 of 12 1 structure. 2 {44.gg Private Traffic Direction. Signs directing traffic movement onto a premise or within a 3 premise, such as "in," "out," and "one-way," not exceeding three square feet in area for 4 each sign, and containing no advertising whatsoever; or painted on paved areas, and 5 containing no advertising whatsoever; are permitted. Such signs may be illuminated in 6 accordance with the regulations specified in Section 3-24-070. 7 8 9 10 11 12 1. Signs dirocting traffic movomont onto a promiso or within a promiso, not 2. Such signs may bo illuminatod in accordanco with tho rogulations specified in Section 3 21 070, Signs, Illumination. 3. Horizontal directional cigns on and flush with pavod aroas aro oxompt from thoso ems- 13 (€42) Small Signs. One sign per business, not exceeding two square feet in area, attached flat against 14 the building, stationary and not illuminated, announcing only the name and occupation of building 15 tenant. 16E) Rental Signs. Signs on the premises announcing rooms for rent, table board, apartment 17 or house for rent, and not exceeding four square feet in area. 18 (-) Vehicles. Signs on a motor vehicles or the trailer part of a tractor-trailer,-,af-elgy-4441-14044d. 44 19 20 , or on a vehicle generally not visible from the 21 public streets except while being used on the public streets, provided that: 22 1. Registered. The motor vehicle or trailer must be currently registered with the relevant 23 motor vehicle authorities and be currently, regularly, and principally used for a 24 transportation purpose other than display of such sign. Signs which would otherwise be 25 mounted on a building or in a freestanding frame may not be placed vertically on the 26 roof, hood, or trunk of a car, nor in the bed nor on the cap of a truck, unless being used 27 to transport the sign to a permanent location. 28 2. Located. The vehicle's location when not in use upon the public streets must be 29 consistent with the most logical implementation of the principal use of the vehicle; and 30 3. Not Actually Used as a Sign. A vehicle shall not be parked such that the principal 31 purpose of the vehicle, while parked, is that of a sign. 32 This subsection (F) shall be construed so as to prevent the use of vehicles for a sign except 33 under the foregoing circumstances. 34 35 Section 5. McCall City Code Section 3-24-050 respecting nonconforming signs, is amended to 36 read as follows: 37 3-24-050 NON -CONFORMING SIGNS. Where a lawful sign existed on the effective date of 38 the applicable regulations, that could not be lawfully installed under the terms of current regulations, 39 such sign may be continued so longs as it remains otherwise lawful, subject to the following 40 provisions: 41 42 43 44 45 46 47 48 49 yoars from tho dato of thoir conctruction or 18 months from March 21, 1991, whichovor is with other ordinances of the City. At tho and of this period thoy shall be removed. Both the (B) Any cign in violation of Soction 3 21 060, Prohibitod Signs, shall bo romoved, altorod or Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added,text is proposed to be deleted. Page 6 of 12 1 2 , 3 . 4 5 , 6 . 7 8 9 10 11 12 13 (F) In the event a sign is not removed by tho expiration of tho timo provided, it may be 14 15 16 (A) No such nonconforming sign may be enlarged or altered, other than changing copy, in a way 17 which increases its nonconformity, but any sign may be altered to bring it into conformity. 18 (B) Should such nonconforming sign or nonconforming portion of sign be damaged to an extent 19 or require maintenance that would cost more than 50% of the sign's replacement cost at the 20 time of the damage or maintenance, it shall not be maintained or repaired, but shall be 21 removed or reconstructed in conformity with the provisions of this title. 22 (C) Should such nonconforming sign be moved for any reason for any distance whatsoever, it 23 shall thereafter conform to the then current regulations. 24 25 Section 6. McCall City Code Section 3-24-060 respecting prohibited signs, is amended to read as 26 follows: 27 3-24-060. PROHIBITED SIGNS. The following signs are prohibited: 28 (A) Signs that contain statements, words or pictures of an obscene or racist character. 29 (B) Signs that contain or are an imitation of an official traffic sign or signal or contain the 30 words "stop", "go slow", "caution", "danger", "warning", or similar words. 31 (C) Signs that are of a size, location, movement, content, coloring or manner of illumination 32 which may be confused with or construed as a traffic control device, or hide from view 33 any traffic or street sign or signal. 34 (D) Signs that advertise an activity, business, product or service not conducted, or no longer 35 conducted, on the premises upon which the sign is located. 36 (E) Signs that have a moving part which is a major attraction of the sign or constitutes more than 37 10% of the sign area. 38 (F) 1. Signs that include contain or consist of balloons, banners, flags, posters, 39 pennants, ribbons, streamers, strings of light bulbs, spinners or other similarly 40 moving devices. "Banner" for such purposes means a piece of plastic, paper or 41 cloth, commonly in a long strip, but no matter of what dimensions, bearing upon 42 it one or more or some combination of designs, mottoes, slogans, names, 43 advertisements, greetings, or the like. These devices when not part of any sign, 44 are similarly prohibited. United States or Idaho flags, and the flags of other states 45 or nations are permitted, and if displayed shall be displayedAbAitia-apw-eiariate• 46 respect in accord with the rules stated in Title 36, United States Code, Sections 47 173 through 176. Single flags (for example, not strung together on a line or 48 rope), decorative in nature and without advertising or lettering are permitted. 49 2. The Administrator may, after consultation with interested community 50 organizations, propose to the Commission standards for etWar--banners, flags, or Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, striketb,xt is proposed to be deleted. Page 7 of 12 1 other street or holiday decorations which the Administrator believes should be 2 permitted., and u Upon approval of those standards by the Commission, and 3 approval by Council by resolution with or without public hearing as Council then 4 determines appropriate, banners, flags, and street and holiday decorations 5 meeting those standards shall be permitted. Pending adoption of such standards 6 the following are permitted unless the Administrator determines that a violation of 7 the intent of this subsection (F) is occurring: landscape lighting; strings of small 8 clear bulbs in trees; and holiday decorations and like seasonal decorative lighting 9 and display. 10 the intent of this subsection (F) is occurring. 11 (G) Signs that swing or otherwise noticeably move as a result of wind pressure in a fashion 12 which may distract or and cause a danger to the public. 13 (H) Billboards as defined in Chapter 4, Definitions. 14 (I) 15 16 17 18 19 20 21 22 23 24 25 (J) Portable "Reader board", A -frame or other temporary signs not permitted by Section 3-24-020 (C) 6 or Section 3-24-030. "Portable" means not permanently mounted either to a building or the ground. Signs mounted to the ground must meet the requirements of the building inspector with reference to the building codes then in effect by the City of McCall and Area of City Impact. Signs mounted in or on a motor vehicle driver is in tho vohicio or if tho drivor is in tho ordinary court() of trado or bucinoss on tho promisor not authorized by 3-24-040 (F). Any sign erected without a prior permit after the date of applicable regulations; and any sign required to be removed under Section 3-24-050. 26 Section 7. McCall City Code Section 3-24-070 respecting illuminated signs, is amended to read 27 as follows: 28 3-24-070. ILLUMINATION. The following rules apply to all illuminated signs; nothing in this 29 section shall be taken to authorize a sign not authorized in another section under this Chapter. 30 (A) The light from or directed at any sign shall be so shaded, shielded or directed that the light 31 intensity or brightness will not be reasonably objectionable to persons in the surrounding 32 areas. 33 (B) 34 35 36 37 38 39 (E) No -exposed source of illumination 40 41 42 43 44 45 Section 8. McCall City Code Section 3-24-080 respecting permits for signs, is amended to read 46 as follows: 47 No light associated with a sign shall have blinking, flashing; rotate, or flutter^^' , lei . Beacon lights are not permitted. (C) No colored lights shall be used at any location or in any manner that could be confused with a traffic control device. (D) Neither the direct, nor reflected light , shall tend to create a traffic hazard to operators of motor vehicles on public thoroughfares. shall be used on the -exterior sup#ace•of any sign so as to expose the face of the source of illumination bulb, light or lamp to any person driving or walking on a public street or adjacent property. 3-24-080. 48 (A) Permit Requirements. PERMITS AND FEES. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added,text is proposed to be deleted. Page 8 of 12 1 1. No sign- g siring a permit other than a temporary sign provided for in Section 3- 2 24-030 or an exempt sign provided for in Section 3-24-040 shall be erected, 3 altered or relocated without a sign permit issued by the Building Inspector. A sign 4 permit may be applied for on the form for a building permit. If a building permit as 5 such is required for the sign, such building permit will serve also as the sign 6 permit. 7 2. Electrical permits, when required, shall be obtained at the same time as the sign 8 permit. 9 (B) Applications and conformance of construction to application. 10 1. The permit application shall contain the street address where the proposed sign will 11 be installed , the name and address of the sign owner 12 and of the sign erector, drawings showing the precise dimensions, colors, materials, 13 design and location of the sign and of any related support for the sign, and such other 14 pertinent information as the Administrator or the Building Inspector4AgicligeLoWcial- 15 may require to insure compliance with the McCall City Code. 16 2. Nothing shall be installed as part of or in association with a permitted sign that 17 was not shown on the application for the permit for the same, except incidental 18 fittings and connections, In this regard, nothing shall be considered incidental that 19 would be apparent when viewed from a property line of the property on which the 20 sign is erected. 21 3. If construction at or near a setback line or possibly inside a setback or off premises 22 cannot be ruled out in the opinion of the Administrator or the Building Inspector, an 23 actual survey must be submitted. The survey shall be an as -built survey of the 24 location sufficient to eliminate all doubt about building size, and the location of 25 existing and proposed improvements with respect to each other and the setback 26 lines. Such a sign with a proposed size close to the maximum permitted, must be 27 submitted to the Building Inspector for measurement prior to installation. 28 4. No sign permit is valid for the erection of any sign other than the one described in the 29 application. The erection of a sign differing from the sign represented in the 30 application, constitutes erection of a sign without a permit; and the sign is subject to 31 immediate seizure, and/or masking. 32 (C) Fees. Fees for sign permits shall be as fixed from time to time by the Council. 33 (D) 414:41ifisationExpiration of Permits. A sign permit shall become null and void if the work for 34 which the permit was issued has not begun within a period of 120 days from the date of the 35 permit and is not thereafter diligently pursued to completion. 36 (E) Permit Exceptions. The following operations shall not be considered as creating a sign 37 and therefore, shall not require a sign permit. All other signs require a permit. Any action 38 with a nonconforming sign must also comply with MCC 3-24-050. 39 1. Replacing Copy. Changing the words or numbers on a permitted, conforming sign to 40 words or numbers themselves not causing the sign to become unpermitted or 41 nonconforming, and repair, maintenance, or replacement without design change of a 42 sign which has a permit or is otherwise conforming, shall not be considered as 43 creating a sign. Changing the text on a legally existing 'reader board" shall not 44 require a permit. Owners are encouraged to contact the Administrator to discuss 45 whether or not contemplated changes are lawful without a permit. 46 47 48 49 50 2. Maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, str41444thaim,t is proposed to be deleted. Page 9 of 12 1 2 3. Temporary Signs. Signs indicated in Section 3-24-030, Temporary Signs, and 3- 24-040, Exemptions are also exempt from permit requirements. 3 Section 9. McCall City Code Section 3-24-100 respecting removal of illegal signs, is amended 4 to read as follows: 5 6 3-24-100. INSPECTION, SAFETY, REMOVAL OF PROHIBITED OR OTHERWISE ILLEGAL SIGNS, SAFETY IMPOUNDING, FORFEITURE. 7 (A) Maintenance. All signs and components thereof shall be kept in good repair and safe, 8 neat, clean and attractive condition. As provided in this Chapter, no new sign may be 9 erected without permit and approvals. 10 (B) Removal of Sign. 11 1. Any sign legally erected which comes to be in violation of this Chapter by reason of 12 casualty or failure to comply with paragraph (A) of this section above, shall be 13 repaired or replaced expeditiously. If repair or replacement is not undertaken within 14 7 days, and pursued with due diligence, the Administrator shall state so in a written 15 decision; and notice shall be sent to the last known address of the last known 16 owner in the utility records of the City, if there is any such address there, and 17 posted upon the sign itself. An appeal may be taken by the owner to the 18 Commission as from other decisions of the Administrator. The building official may 19 order the removal of any sign oroctod or maintainod in violation of this Titlo. Ho 20 shall givo 30 days notice in writing to tho ownor of such sign, or of the building, 21 structuro or premises on which such sign is located, to romovo tho sign or to bring it 22 into compliance. The Building Inspector may remove a sign immediately and 23 without notice if, in the Building Inspector's opinion, the condition of the sign is such 24 as to present an immediate threat to the safety of the public. 25 2. If the sign was illegally erected prior to the date of this ordinance on private 26 property, it shall be dealt with under the processes of paragraph 1. immediately 27 above. 28 3. If the sign was erected illegally after the date of this ordinance, that is, without 29 either or both of building or sign permit and of Administrator or Commission 30 approval, or if the owner has failed to respond to notice as above, or if there is no 31 known address for the last known Owner in the utility records of the City, a sign in 32 violation of this Chapter may be removed and impounded as evidence by a law 33 enforcement or code enforcement officer. 34 4. A temporary sign erected within the public rights of way may be impounded upon 35 discovery as evidence by a law enforcement or code enforcement officer. 36 5. A sign owner who re -offends, that is, who after warning or prosecution removes an 37 illegal sign, but who then puts the same or another functionally similar illegal sign 38 up in the same or any other location, the sign in violation of this Chapter may be 39 removed and impounded as evidence by a law enforcement or code enforcement 40 officer. 41 42 43 44 45 46 47 48 (C) Abandoned Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it within ten days after closing or moving the business, the Administrator, Building Inspector, a law enforcement officer, or a code enforcement officer may remove it or cause it to be removed at the expense of the last owner of the same. Upon. 49 1:) Impounded Signs. An impounded sign may be retained by the City until completion of any 50 criminal prosecution or other court proceedings respecting the erection or maintenance of Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 10 of 12 1 the sign; if an owner has re -offended after having been convicted of a violation in putting 2 up a sign, and the new offense involves the same sign or a sign which in pertinent 3 aspect(s) is a like sign, is forfeited to the City and subject to disposal as deemed 4 appropriate by the City Manager. 5 Section 10. McCall City Code Section 3-16-030 respecting signs in the Scenic Route District, is 6 amended to read as follows to conform to the preceding sections: 7 3-16-030. REQUIREMENTS FOR DEVELOPMENT. Prior to the issuance of a building permit, other 8 than for a sign, and prior to any clearing, grubbing, excavation, or other construction, the owner shall 9 apply for approval of a site plan. Procedures for the processing of the application shall be governed by 10 the procedural rules set out in subsection (G) below. No building permit shall be issued, nor any such 11 construction undertaken, until approval of the site plan. 12 13 14 (G) If the construction relates to a new commercial or industrial building, or the enlargement of 15 an existing such building by 30% or more; or to a new residential building of 5,000 square 16 feet or more, or covering more than 30% of the lot on which located, or to an enlargement 17 of an existing residential building which is (or as a result of the enlargement will be) larger 18 than that; the procedure followed shall be identical to that for a conditional use. If the 19 construction relates to a sign, and In other cases not specifically addressed in this Section 20 , the procedure shall be to submit the matter to the Commission for 21 review without public hearing or notice other than agenda notice. No approval by Council is 22 required in either case unless there is an appeal to Council from the decision of the 23 Commission. If the construction relates to the modification of an existing, previously 24 approved sign, the procedure shall be to submit it to the Administrator for review. Approval 25 is required in any event. 26 27 Section 11. McCall City Code Section 3-4-010 respecting definitions of terms contained in the 28 McCall City Zoning Code is amended as follows: 29 3-4-020. MEANING OF TERMS OR WORDS 30 31 114. Sign - Any device designed to inform or attract the attention of persons not on the 32 premises on which the sign is located. 33 a. Sign, On -Premises - Any sign calling attention to a business or profession 34 conducted, or a commodity or service sold or offered, upon the premises where 35 such sign is located. 36 b. Sign, Off -Premises - Any other sign. 37 c. Sign, Illuminated - Any sign illuminated by electricity, gas or other artificial light 38 including reflecting or phosphorescent light. 39 d. Sign, Lighting Device - Any light, string of lights or group of lights located or 40 arranged so as to cast illumination on a sign. 41 e. Sign, Projecting - Any sign which projects from the exterior of a building. 42 f. Sign, Reader Board — Any sign with moveable lettering. 43 44 45 Section 12. This Ordinance shall be in full force and effect within the City of McCall from and 46 after its passage, approval and publication as required by law; and within the Area of City Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, strikethraugla-taxt is proposed to be deleted. Page 11 of 12 1 Impact, from and after the later of its passage, approval and publication as required by law by the 2 the City, or the passage, approval and publication as required by law of an ordinance of the 3 County applying this ordinance to the Area of City Impact. 4 5 Passed and approved %�( , 1999. 6 7 87 Kirk L. imerers, t ory 9 _ ATTEST:- 10- 11 12 13 erry Woodbury, City Clerk Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, s#ikethr ext is proposed to be deleted. Page 12 of 12 r; 1 ORDINANCE NO. 711, 2 AMENDMENTS OF 1999 TO SIGN CHAPTER OF ZONING ORDINANCE 3 An ORDINANCE OF THE CITY OF McCALL RELATING TO PLANNING AND ZONING 4 AND TO SIGNS: 5 [§ 1] AMENDMENTS CLARIFYING PURPOSE OF SIGN STANDARDS; 6 [§ 2] AMENDMENTS DEFINING STANDARDS FOR SIGNS IN RESIDENTIAL, 7 COMMERCIAL AND INDUSTRIAL ZONES, INCLUDING MULTI -TENANT 8 BUILDINGS AND READER BOARD SIGNS; 9 [§ 3] AMENDMENTS TO REQUIREMENTS APPLICABLE TO TEMPORARY SIGNS 10 AND AUTHORIZATION OF A CLASS OF NEW TEMPORARY SIGN FOR A 11 NEW BUSINESS; 12 [§ 4] AMENDMENTS TO REQUIREMENTS APPLICABLE TO SIGNS OTHERWISE EXEMPT 13 FROM PERMITTING; 14 [§ 5] AMENDMENTS TO TREATMENT OF NONCONFORMING SIGNS; 15 [§ 6] AMENDMENTS TO SECTION RESPECTING PROHIBITED SIGNS; 16 [§ 7] AMENDMENTS TO ILLUMINATED SIGNS PROVISION; 17 [§ 8] AMENDMENTS TO SECTION RESPECTING APPLICATIONS FOR SIGN PERMITS, 18 AND SCOPE OF PERMITTED ACTION; 19 [§ 9] REMOVAL AND IMPOUNDING OF ILLEGAL SIGNS; 20 [§ 10] REMOVING SIGNS FROM THE PROVISIONS OF THE SCENIC ROUTE 21 DISTRICT; 22 [§ 11] AMENDMENTS CLARIFYING THE DEFININTION OF READER BOARD SIGNS; 23 [§ 12] PROVIDING FOR AN EFFECTIVE DATE. 24 25 Section 1. McCall City Code 3-24-010, respecting purposes of sign regulation, is amended to 26 read as follows in that specific format required by Idaho Code, that is, with new language 27 underlined, and matter to be deleted struck through: 28 3-24-010. PURPOSES. It is the intent of this Chapter 29 (A) To provide standards with which the business owner or nonprofit entity may identify the business 30 or entity in a manner consistent with the welfare of the business or entity as part of the Planning 31 Jurisdiction, which is directly dependent upon the economic health of the entire community. 32 (B) To preserve property values and improve traffic safety within commercial and residential areas 33 of the Planning Jurisdiction, as well as to enhance enjoyment of McCall's natural beauty, by 34 controlling the use of signs and their motion and illumination. 35 (C) To improve business opportunity as a result of the increased attractiveness of the Planning 36 Jurisdiction and resulting protection and enhancement of the tourist trade as well as the rest 37 of the economy of the area. 38 (D) To protect the health, safety and general welfare of residents and visitors by establishing 39 standards for the placement and size of all exterior signs in the Planning Jurisdiction. 40 (E) To reduce undue confusion between signs. - ' 41 (F) To prevent conflicts and confusion between advertising signs and traffic control signs or 42 signals. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, str44444t14a4gla-#ext is proposed to be deleted. Page 1 of 10 1 (G) To prevent possible harm from outdoor signs suspended from or placed on top of 2 structures and otherwise erected above the ground and especially where susceptible to 3 high winds. 4 (H) Not to regulate the content of speech, other than that speech of an obscene nature, but 5 only the place and manner. 6 Section 2. McCall City Code Section 3-24-020 respecting sign standards applicable to all zones 7 is amended to read in pertinent part as follows and to add a new provision for standard design 8 permitted signs as follows: 9 3-24-020. SIGN STANDARDS BY ZONE 10 (A) General Standards Applicable to All Zones. 11 1. The following sign standards by zone are intended to include every zone in the 12 Planning Jurisdiction. The zones are as defined by this Title. Only signs described in 13 this Section, or in Section 3-24-030, Temporary Signs, or in Section 3-24-040, 14 Exemptions, are permitted in each particular zone. The area of a sign shall be 15 computed by adding up the square footage of the one, both or all planes of it having 16 words or graphics visible to the public. If a sign includes silhouette designs or letters, 17 whether cut out of the interior of a background, or projecting beyond the edges of a 18 background, or free-standing, the area of the sign shall be computed to include the 19 square -footage of a rectangle that would enclose such designs. For example, should a 20 sign flat against a building that is three feet on a side (9 square feet) have a silhouette 21 of a pine tree attached to and extending above it, such silhouette being one foot wide at 22 the widest and 2 feet tall, then the one foot by two foot rectangle which could enclose 23 that silhouette shall be added to the 9 square feet of the rest of the sign of which it is a 24 part for a total of 11 square feet, notwithstanding that some of that area in fact includes 25 air around the silhouette. 26 2. If any zone is omitted from this Chapter, or if a new zone is created after March 24, 27 1994, no signs shall be permitted therein until this Chapter shall be amended to 28 include this zone. 29 (B) Standards Applicable to Residential Zones. 30 31 6. Signs in residential zones for Businesses with Conditional Use Permits or Existing as 32 a Nonconforming Use. The maximum sign area for businesses operating under a 33 conditional use permit or as a nonconforming use shall not exceed 24 square feet. 34 Such signs shall meet all other requirements set forth in MCC 3-24-020 (C). A more 35 restrictive condition in the approval of a conditional use shall govern over this 36 paragraph as to that conditional use. 37 (C) Standards Applicable to_Commercial & Industrial Zones. 38 1. General. The regulations and specifications set forth in this subsection (C) shall 39 apply to Zone C- Commercial District, Zone GC- General Commercial District, 40 Zone CB- Central Business District, and Zone I - Industrial. 41 42 3. Location. 43 (a) Signs may be flat wall signs and located anywhere on the surface of the 44 building. 45 (b) Signs may be projecting signs only in the CB Zones, and then may project 46 six feet (6') or less beyond the street property line, but no closer than two 47 feet (2') to a curb line or other edge of the roadway where there is no curb, 48 and must have a minimum clearance of eight feet (8') above a public 49 sidewalk or nine feet above a walking path where there is not yet a Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 2 of 10 1 � 1 sidewalk, and 15 feet above driveways or alleys. 2 (c) When a projecting sign is closer than 12 feet to a corner of the property, its 3 projection shall be no more than a distance equal to 1/2 the horizontal 4 distance from the sign to that corner. 5 (d) Where a building does not cover the full area of the property, a one sign may 6 be freestanding, and may be located anywhere on the property. Such a sign 7 may extend more than 20 feet above the average ground below the sign. 8 (e) Signs may be on the vertical faces of marquees and may project below the 9 lower edge of the marquee not more than twelve inches (12"). The bottom 10 of marquee signs shall be no less than eight feet (8') above the sidewalk or 11 grade at any point. No part of the sign shall project above the vertical 12 marquee face, nor shall the marquee be extended above the roofline 13 behind the marquee. 14 (f) Signs shall not project above the part of the roof closest to the sign. 15 (9) Signs shall not be located on any property which is not the site of the 16 subject of the information on the sign, for example, a sign advertising a 17 business may only appear on the same lot or parcel of real estate that is 18 the location of the business. However, an establishment which gains 19 legal access by way of an easement or common area, may place a sign 20 on an abutting property, with permission of the owner of such property. 21 Such a sign must comply with all provisions of this title, and the size of 22 said sign shall be deducted from that allotted to the property on which the 23 sign is located. 24 (h) Signs may be incorporated into building awnings. In terms of calculating 25 sign size, the procedure shall be to calculate the area of the letters and 26 design according to the "silhouette" sign described in MCC 3-24-020 (A) 27 1 28 4. Multi -tenant Buildings or Plazas. Only one freestanding sign may be erected per 29 building or plaza and may not exceed 50 square feet in area per frontage street. 30 Such signs are referred to as "location sign (s)" in the rest of this paragraph 4. The 31 project sign may set forth the name of the building or plaza (called "project name" in 32 the rest of this paragraph 4.), for one example, "Jones Shopping Center". Such 33 signage is in addition to allowable signage for individual businesses. Individual 34 businesses may be identified on the location sign, but may not exceed 8 square 35 feet per business. Signage on the location sign identifying individual businesses 36 shall be deducted from the total allowed for the business in question. 37 Signs for individual tenants may be wall mounted or hanging, but not projecting 38 unless over an interior walkway of the project. The portion of total signage 39 available to each tenant shall be determined by the building or plaza owner. 40 41 5. Illumination. Illumination of signs is permitted, but only in accordance with the 42 restrictions specified in Section 3-24-070. 43 6. Reader Boards (Changeable Letter Signs). No more than 50% of any given sign face 44 may include a space for changeable letters, except as provided for in subsection (a) 45 below. Permitted reader board signs shall be of a high quality, and the letters used on 46 such signs shall be of a durable material such as lexan or acrylic plastic, with a 47 minimum thickness of 0.08 inches and a height not to exceed 9 inches. 48 (a) The Commission may allow an establishment to install a sign with more than 50% 49 of its face made up of reader board only upon making the following findings, and 50 after following the same procedures as for a Conditional Use Permit: Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, ct is proposed to be deleted. Page 3 of 10 1 (1) That special conditions and circumstances unique to the type of business, the 2 land, or structure, make compliance with MCC 3-24-020 (C) 6. an undue hardship. 3 In making its findings, the Commission shall take into consideration the products 4 offered by the establishment and whether the inventory changes on a regular 5 basis. The Commission may use the requirements for a variance (MCC 3-31-010) 6 as a guide in determining whether to grant a request under this section, though the 7 request need not meet all requirements of MCC 3-31-010. 8 Section 3. McCall City Code Section 3-24-030 respecting temporary signs is amended to read in 9 pertinent part as follows and to add new permitted temporary signs as follows: 10 3-24-030. TEMPORARY SIGNS. The following signs shall be permitted anywhere within 11 the Planning Jurisdiction and shall not require a permit: 12 13 (B) Real Estate Signs. 14 1. Signs advertising the sale, rental or lease of the premises or part of the premises 15 on which the signs are displayed: 16 a. For properties of five contiguous acres or less, the total area of the 17 signage shall not exceed 5 square feet on one face. A double -sided sign 18 may have a total sign surface of 10 square feet. 19 b. For properties of five to ten contiguous acres, the total area of the 20 signage shall not exceed 16 square feet per face; 21 c. For properties over 10 contiguous acres, the total area of the signage 22 shall not exceed 32 square feet per face; 23 d. For properties facing the lakefront, the total area of the signage shall not 24 exceed 16 square feet per face. 25 2. Such signs shall be removed within seven days after the sale, rental or lease is 26 documented and closed. 27 3. "Open House" signs shall not exceed six square feet in total area. Open House 28 signs shall be removed upon completion of the "open house" but in no event shall 29 the sign be in place longer than 48 hours. 30 4. Illuminated, reflective and Day-Glo type materials shall not be permitted on any real 31 estate signs. 32 5. Signs shall be maintained in good repair. 33 6. Real Estate signs shall not be placed within or extend over public rights of way. 34 35 (E) Show Window Signs. Show window signs in a window display of merchandise when 36 incorporated with such a display. They need not be related in content with the display, but 37 unsightly clutter of signs shall be avoided. A sign or signs shall be deemed an unsightly 38 clutter if it or they obscure more than 25% of any one window. Square footage of show 39 window signs shall not be included in the overall allowable square footage of external 40 signs. 41 (F) New Business Signs. With prior written notice to the Administrator and the code 42 enforcement officer, with their written concurrence that the business is new, and upon 43 payment of a fee set by Council from time to time by resolution, a new business may 44 display a temporary sign for not more than a total of 16 consecutive days to announce its 45 opening, which sign shall be on the premises where the business is located. -Such a sign 46 is in addition to the permanent sign and shall not be larger than a sign permitted to the 47 business. 48 Section 4. McCall City Code Section 3-24-040 respecting exempt signs is amended to read in Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, str+ketJpeugla-text is proposed to be deleted. Page 4 of 10 1 pertinent part as follows: 2 3-24-040. EXEMPTIONS FROM PERMIT REQUIREMENTS. The following types of signs 3 are exempted from the permit requirements of this Chapter, except building code requirements 4 that would be applicable in the absence of this Chapter; but shall be subject to any standards in 5 this Chapter made expressly applicable to exempt signs and to the following requirements: 6 (A) Public Signs. Signs of a non-commercial nature and in the public interest, erected by or 7 on the order of, a public officer in the performance of the public officer's public duty, such 8 as safety signs, danger signs, trespassing signs, traffic control devices, memorial 9 plaques, signs of historical interest, informational signs, and the like. Such informational 10 signs may include directional signs advising persons upon main roads of through routes 11 and the direction to travel to various public buildings and facilities. 12 LE3) Integral. Names of buildings, dates of erection, monumental citations, commemorative 13 tablets and the like when carved into stone, concrete or similar material or made of 14 bronze, aluminum, or other permanent type construction, and made an integral part of the 15 structure. 16 n Private Traffic Direction. Signs directing traffic movement onto a premise or within a 17 premise, such as "in," "out," and "one-way," not exceeding three square feet in area for 18 each sign, and containing no advertising whatsoever; or painted on paved areas, and 19 containing no advertising whatsoever; are permitted. Such signs may be illuminated in 20 accordance with the regulations specified in Section 3-24-070. 21 n Small Signs. One sign per business, not exceeding two square feet in area, attached flat against 22 the building, stationary and not illuminated, announcing only the name and occupation of building 23 tenant. 24 LE) Rental Signs. Signs on the premises announcing rooms for rent, board, apartment or 25 house for rent, and not exceeding four square feet in area. 26 LD Vehicles. Signs on_a motor vehicle or the trailer part of a tractor -trailer, or on a vehicle generally 27 not visible from the public streets except while being used on the public streets, provided that: 28 1. Registered. The motor vehicle or trailer must be currently registered with the relevant 29 motor vehicle authorities and be currently, regularly, and principally used for a 30 transportation purpose other than display of such sign. Signs which would otherwise be 31 mounted on a building or in a freestanding frame may not be placed vertically on the 32 roof, hood, or trunk of a car, nor in the bed nor on the cap of a truck, unless being used 33 to transport the sign to a permanent location. 34 2. Located. The vehicle's location when not in use upon the public streets must be 35 consistent with the most logical implementation of the principal use of the vehicle; and 36 3. Not Actually Used as a Sign. A vehicle shall not be parked such that the principal 37 purpose of the vehicle, while parked, is that of a sign. 38 This subsection (F) shall be construed so as to prevent the use of vehicles for a sign except 39 under the foregoing circumstances. 40 41 Section 5. McCall City Code Section 3-24-050 respecting nonconforming signs, is amended to 42 read as follows: 43 3-24-050 NON -CONFORMING SIGNS. Where a lawful sign existed on the effective date of 44 the applicable regulations, that could not be lawfully installed under the terms of current regulations, 45 such sign may be continued so longs as it remains otherwise lawful, subject to the following 46 provisions: 47 48 (A) No such nonconforming sign may be enlarged or altered, other than changing copy, in a way 49 which increases its nonconformity, but any sign may be altered to bring it into conformity. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 5 of 10 1 (B) Should such nonconforming sign or nonconforming portion of sign be damaged to an extent 2 or require maintenance that would cost more than 50% of the sign's replacement cost at the 3 time of the damage or maintenance, it shall not be maintained or repaired, but shall be 4 removed or reconstructed in conformity with the provisions of this title. 5 (C) Should such nonconforming sign be moved for any reason for any distance whatsoever, it 6 shall thereafter conform to the then current regulations. 7 8 Section 6. McCall City Code Section 3-24-060 respecting prohibited signs, is amended to read as 9 follows: 10 3-24-060. PROHIBITED SIGNS. The following signs are prohibited: 11 (A) Signs that contain statements, words or pictures of an obscene or racist character. 12 (B) Signs that contain or are an imitation of an official traffic sign or signal or contain the 13 words "stop", "go slow", "caution", "danger", "warning", or similar words. 14 (C) Signs that are of a size, location, movement, content, coloring or manner of illumination 15 which may be confused with or construed as a traffic control device, or hide from view 16 any traffic or street sign or signal. 17 (D) Signs that advertise an activity, business, product or service not conducted, or no longer 18 conducted, on the premises upon which the sign is located. 19 (E) Signs that have a moving part which is a major attraction of the sign or constitutes more than 20 10% of the sign area. 21 (F) 1. Signs that include or consist of balloons, banners, flags, posters, pennants, 22 ribbons, streamers, strings of light bulbs, spinners or other similarly moving 23 devices. "Banner" for such purposes means a piece of plastic, paper or cloth, 24 commonly in a long strip, but no matter of what dimensions, bearing upon it one 25 or more or some combination of designs, mottoes, slogans, names, 26 advertisements, greetings, or the like. These devices when not part of any sign, 27 are similarly prohibited. United States or Idaho flags, and the flags of other states 28 or nations are permitted, and if displayed shall be displayed in accord with the 29 rules stated in Title 36, United States Code, Sections 173 through 176. Single 30 flags (for example, not strung together on a line or rope), decorative in nature and 31 without advertising or lettering are permitted. 32 2. The Administrator may, after consultation with interested community 33 organizations, propose to the Commission standards for banners, flags, or other 34 street or holiday decorations which the Administrator believes should be 35 permitted. Upon approval of those standards by the Commission, and approval 36 by Council by resolution with or without public hearing as Council then 37 determines appropriate, banners, flags, and street and holiday decorations 38 meeting those standards shall be permitted. Pending adoption of such standards 39 the following are permitted unless the Administrator determines that a violation of 40 the intent of this subsection (F) is occurring: landscape lighting; strings of small 41 clear bulbs in trees; and holiday decorations and like seasonal decorative lighting 42 and display. 43 (G) Signs that swing or otherwise noticeably move as a result of wind pressure in a fashion 44 which may distract or and cause a danger to the public. 45 (H) Billboards as defined in Chapter 4, Definitions. 46 (1) Portable "Reader board", A -frame or other temporary signs not permitted by Section 3-24-020 47 (C) 6 or Section 3-24-030. "Portable" means not permanently mounted either to a building or the 48 ground. Signs mounted to the ground must meet the requirements of the building inspector with 49 reference to the building codes then in effect by the City of McCall and Area of City Impact. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, str444€414r44h is proposed to be deleted. Page 6 of 10 " }. 1 (J) Signs mounted in or on a vehicle not authorized by 3-24-040 (F). 2 (K) Any sign erected without a prior permit after the date of applicable regulations; and any sign 3 required to be removed under Section 3-24-050. 4 Section 7. McCall City Code Section 3-24-070 respecting illuminated signs, is amended to read 5 as follows: 6 3-24-070. ILLUMINATION. The following rules apply to all illuminated signs; nothing in this 7 section shall be taken to authorize a sign not authorized in another section under this Chapter. 8 (A) The light from or directed at any sign shall be so shaded, shielded or directed that the light 9 intensity or brightness will not be reasonably objectionable to persons in the surrounding 10 areas. 11 (B) No light associated with a sign shall blink, flash, rotate, or flutter. Beacon lights are not 12 permitted. 13 (C) No colored lights shall be used at any location or in any manner that could be confused 14 with a traffic control device. 15 (D) Neither the direct, nor reflected light, shall tend to create a traffic hazard to operators of 16 motor vehicles on public thoroughfares. 17 (E) No source of illumination shall be used on any sign so as to expose the face of the source of 18 illumination to any person driving or walking on a public street or adjacent property. 19 Section 8. McCall City Code Section 3-24-080 respecting permits for signs, is amended to read 20 as follows: 21 3-24-080. PERMITS AND FEES. 22 (A) Permit Requirements. 23 1. No sign other than a temporary sign provided for in Section 3-24-030 or an 24 exempt sign provided for in Section 3-24-040 shall be erected, altered or 25 relocated without a sign permit issued by the Building Inspector. A sign permit 26 may be applied for on the form for a building permit. If a building permit as such is 27 required for the sign, such building permit will serve also as the sign permit. 28 2. Electrical permits, when required, shall be obtained at the same time as the sign 29 permit. 30 (B) Applications and conformance of construction to application. 31 1. The permit application shall contain the street address where the proposed sign will 32 be installed, the name and address of the sign owner and of the sign erector, 33 drawings showing the precise dimensions, colors, materials, and location of the sign 34 and of any related support for the sign, and such other pertinent information as the 35 Administrator or the Building Inspector may require to insure compliance with the 36 McCall City Code. 37 2. Nothing shall be installed as part of or in association with a permitted sign that 38 was not shown on the application for the permit for the same, except incidental 39 fittings and connections, In this regard, nothing shall be considered incidental that 40 would be apparent when viewed from a property line of the property on which the 41 sign is erected. 42 3. If construction at or near a setback line or possibly inside a setback or off premises 43 cannot be ruled out in the opinion of the Administrator or the Building Inspector, an 44 actual survey must be submitted. The survey shall be an as -built survey of the 45 location sufficient to eliminate all doubt about building size, and the location of 46 existing and proposed improvements with respect to each other and the setback 47 lines. Such a sign with a proposed size close to the maximum permitted, must be 48 submitted to the Building Inspector for measurement prior to installation. Sign Amendments  Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 7 of 10 1 4. No sign permit is valid for the erection of any sign other than the one described in the 2 application. The erection of a sign differing from the sign represented in the 3 application, constitutes erection of a sign without a permit; and the sign is subject to 4 immediate seizure, and/or masking. 5 (C) Fees. Fees for sign permits shall be as fixed from time to time by the Council. 6 (D) Expiration of Permits. A sign permit shall become null and void if the work for which the 7 permit was issued has not begun within a period of 120 days from the date of the permit 8 and is not thereafter diligently pursued to completion. 9 (E) Permit Exceptions. The following operations shall not be considered as creating a sign 10 and therefore, shall not require a sign permit. All other signs require a permit. Any action 11 with a nonconforming sign must also comply with MCC 3-24-050. 12 1. Replacing Copy. Changing the words or numbers on a permitted, conforming sign to 13 words or numbers themselves not causing the sign to become unpermitted or 14 nonconforming, and repair, maintenance, or replacement without design change of a 15 sign which has a permit or is otherwise conforming, shall not be considered as 16 creating a sign. Changing the text on a legally existing "reader board" shall not 17 require a permit. Owners are encouraged to contact the Administrator to discuss 18 whether or not contemplated changes are lawful without a permit. 19 2. Maintenance, painting, repainting, cleaning and other normal maintenance and 20 repair of a sign or a sign structure unless a structural change is made. 21 3. Temporary Signs. Signs indicated in Section 3-24-030, Temporary Signs, and 3- 22 24-040, Exemptions are also exempt from permit requirements. 23 Section 9. McCall City Code Section 3-24-100 respecting removal of illegal signs, is amended 24 to read as follows: 25 3-24-100. SAFETY, REMOVAL OF PROHIBITED OR OTHERWISE ILLEGAL SIGNS, 26 IMPOUNDING, FORFEITURE. 27 (A) Maintenance. All signs and components thereof shall be kept in good repair and safe, 28 neat, clean and attractive condition. As provided in this Chapter, no new sign may be 29 erected without permit and approvals. 30 (B) Removal of Sign. 31 1. Any sign legally erected which comes to be in violation of this Chapter by reason of 32 casualty or failure to comply with paragraph (A) of this section above, shall be 33 repaired or replaced expeditiously. If repair or replacement is not undertaken within 34 7 days, and pursued with due diligence, the Administrator shall state so in a written 35 decision; and notice shall be sent to the last known address of the last known 36 owner in the utility records of the City, if there is any such address there, and 37 posted upon the sign itself. An appeal may be taken by the owner to the 38 Commission as from other decisions of the Administrator. The Building Inspector 39 may remove a sign immediately and without notice if, in the Building Inspector's 40 opinion, the condition of the sign is such as to present an immediate threat to the 41 safety of the public. 42 2. If the sign was illegally erected prior to the date of this ordinance on private 43 property, it shall be dealt with under the processes of paragraph 1. immediately 44 above. 45 3. If the sign was erected illegally after the date of this ordinance, that is, without 46 either or both of building or sign permit and of Administrator or Commission 47 approval, or if the owner has failed to respond to notice as above, or if there is no 48 known address for the last known Owner in the utility records of the City, a sign in 49 violation of this Chapter may be removed and impounded as evidence by a law 50 enforcement or code enforcement officer. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, str4144414paugb-tart is proposed to be deleted. Page 8 of 10 1 2 4. A temporary sign erected within the public rights of way may be impounded upon discovery as evidence by a law enforcement or code enforcement officer. 3 5. A sign owner who re -offends, that is, who after warning or prosecution removes an 4 illegal sign, but who then puts the same or another functionally similar illegal sign 5 up in the same or any other location, the sign in violation of this Chapter may be 6 removed and impounded as evidence by a law enforcement or code enforcement 7 officer. 8 (C) Abandoned Signs. A sign shall be removed by the owner or lessee of the premises upon 9 which the sign is located when the business which it advertises is no longer conducted on 10 the premises. If the owner or lessee fails to remove it within ten days after closing or 11 moving the business, the Administrator, Building Inspector, a law enforcement officer, or a 12 code enforcement officer may remove it or cause it to be removed at the expense of the last 13 owner of the same. 14 (D) Impounded Signs. An impounded sign may be retained by the City until completion of any 15 criminal prosecution or other court proceedings respecting the erection or maintenance of the 16 sign; if an owner has re -offended after having been convicted of a violation in putting up a sign, 17 and the new offense involves the same sign or a sign which in pertinent aspect(s) is a like sign, is 18 forfeited to the City and subject to disposal as deemed appropriate by the City Manager. 19 Section 10. McCall City Code Section 3-16-030 respecting signs in the Scenic Route District, is 20 amended to read as follows to conform to the preceding sections: 21 3-16-030. REQUIREMENTS FOR DEVELOPMENT. Prior to the issuance of a building permit, other 22 than for a sign, and prior to any clearing, grubbing, excavation, or other construction, the owner shall 23 apply for approval of a site plan. Procedures for the processing of the application shall be governed by 24 the procedural rules set out in subsection (G) below. No building permit shall be issued, nor any such 25 construction undertaken, until approval of the site plan. 26 27 28 (G) If the construction relates to a new commercial or industrial building, or the enlargement of 29 an existing such building by 30% or more; or to a new residential building of 5,000 square 30 feet or more, or covering more than 30% of the lot on which located, or to an enlargement 31 of an existing residential building which is (or as a result of the enlargement will be) larger 32 than that; the procedure followed shall be identical to that for a conditional use. If the 33 construction relates to a case not specifically addressed in this Section, the procedure shall 34 be to submit the matter to the Commission for review without public hearing or notice other 35 than agenda notice. No approval by Council is required in either case unless there is an 36 appeal to Council from the decision of the Commission. If the construction relates to the 37 modification of an existing, previously approved sign, the procedure shall be to submit it to 38 the Administrator for review. Approval is required in any event. 39 40 Section 11. McCall City Code Section 3-4-010 respecting definitions of terms contained in the 41 McCall City Zoning Code is amended as follows: 42 3-4-020. MEANING OF TERMS OR WORDS 43 44 114. Sign - Any device designed to inform or attract the attention of persons not on the 45 premises on which the sign is located. 46 a. Sign, On -Premises - Any sign calling attention to a business or profession 47 conducted, or a commodity or service sold or offered, upon the premises where 48 such sign is located. 49 b. Sign, Off -Premises - Any other sign. Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 9of10 .� 1 c. Sign, Illuminated - Any sign illuminated by electricity, gas or other artificial light 2 including reflecting or phosphorescent light. 3 d. Sign, Lighting Device - Any light, string of lights or group of lights located or 4 arranged so as to cast illumination on a sign. 5 e. Sign, Projecting - Any sign which projects from the exterior of a building. 6 f. Sign, Reader Board — Any sign with moveable lettering. 7 8 9 10 11 12 13 14 15 Passed and approved 7, 1999. 16 17 18 ; Kirk L. Eimers, Mayor Section 12. This Ordinance shall be in full force and effect within the City of McCall from and after its passage, approval and publication as required by law; and within the Area of City Impact, from and after the later of its passage, approval and publication as required by law by the the City, or the passage, approval and publication as required by law of an ordinance of the County applying this ordinance to the Area of City Impact. 19 - ATTEST: 20 21 22 Gp0\r 23 Cherry W bury, City Clerk Sign Amendments — Prepared for Public Hearing before City Council & County Commissioners on July 6, 1999 Note: underlined text is proposed to be added, is proposed to be deleted. Page 10 of 10 JUI,, -13' 99 (TUE) 12: 52 MOORE Si. MCFADDEN CTD TEL:208 331 1202 P,002 SUMMARY OF ORDINANCE NO. 711 AMENDMENTS OF 1999 TO SICK CHAPTER OF ZONING ORDINANCE AN ORDINANCE OF THE CITY OF McCALL RELATING TO PLANNING AND ZONING AND TO SIGNS; CLARIFYING PURPOSE OF ORDINANCE; AIVIENDING STANDARDS FOR SIGNS IN RESIDENTIAL., COMMERCIAL ANTI INDUSTRIAL ZONES, INCLUDING MULTI-TFNANT BUILDINGS AND READER BOARD SIGNS; AMENDING REQUIREMENTS APPLICABLE TO TEMPORARY SIGNS AND AUTHORWINC TEMPORARY SIGNS FOR A NEW BUSINESS; AMENDING REQUIREMENTS APPLICABLE TO SIGNS (WHERWISE EXEMPT FROM PERMITTING; AMENDING TREATMENT OF NONCONFORMING SIGNS; A.MENDMG SECTION .FOR PROFITED SIGNS; AMENDING PROVISIONS FOR. ILLUMINATED SIGNS; AMENDING SECTIONS FOR APPLICATIONS FOR SIGN PENS, AND SCOPE OF PERMITTED ACTION; PROVIDING FOR REMOVAL AND IMPOUNDMENT OF ILLEGAL SIGNS; PROVIDING FOR REMOVAL OF SEMIS FROM THE SCENIC ROUTE DISTRICT; AMENDING TfiE DEFINITION OF READER BOARD SIGNS; AND PROVIDING FOR AN EFFECTIVE DATE, A teary of the principal. provisions of Ordinance No. 711 of the City of McCall, Valley County, Idaho, ,adopted on July 6, 1999, is as follows: Sec, ion 1: The purposes of the ordinance wherever amended is to provide consistency with the businesses or entities in tiie planning jurisdiction; to preserve property values and improve safety; to enhance the City of McCall's natural beauty; to improve business opportunities; and to Protect the health, safety, and welfare of the citizens of the planning jurisdiction; but not with, Certain exceptions, to regulate the contents of speech but only the place and manner. Section 2: This section establishes a maximum sign area for businesses operating in residential zones not to exceed twenty-four square feet (241); amends requirements for signs in commercial and industrial zones that a sign can be placed on the abutting property with permission of the property owner when access is by easement or common area; establishes the slaudaods for signs in multi -tenant buildings or plazas, which signs shall not exceed fifty square feet (50') per frontage street; allows for reader hoards of no more than fifty percent (50%) of any given sign face for changeable letters; and allows for specific conditions when an anta Fester than fifty percent (50 %) shall be allowed. Section 3: This section addresses temporary signs and' allows for real estate signs of five (5) square feet on one race if the property is five contiguous acres or less; 16 Page 1 JUL. -13" 99(TUE) 12:53 MOORE & MCFADDEN CTD TEL:208 331 1202 F, 003 square feet of acreage for five to ten contiguous acres; 32 square feet for ten contiguous acres; provides that properties facing the lake ant shall not exceed 16 square feet; show windows may not obscure more than twenty-five percent (25 %) of one winduw; and new business signs way run for total of sixteen (16) consecutive days to announce its opening. Section 4; This section provides . for exemptions • to the ordinance which continues an exemption for public signs for nun-wwnlercial public interest matters such as safety signs, danger signs, and that such informational signs include directional signs advising persons upon main roads of through routes and directions of travel; provides that private tattle directional signs may be allowed with directions such as "in, out, and one-way." but with no advertising whatsoever; xlluws for signs on motor vehicles or trailer part of a tractor trailer provided that the vehicle is currently registered, the vehicle is located on a public street when not in use, and the vehicle is not actually used as a sign. Section 5; This section addresses non-conforraing signs which may be continued so long as they otherwise remains lawful, provided the non-conformance may not be enlarged or altered, not damaged beyond fifty percent (50%) of its replacement costs, and cannot be moved any distance whatsoever. Section 6: This section prohibits signs including signs containing racist words or pictures, clarifies the prohibition against banner or flag signs, including a_definniuu of banner, and controls portable reader boards with the defmition,of portable. Section 7. This section addresses illumination and allows for illumination.only when the sign is otherwise authorized with light directed at sign that is not reasonably objectionable, does not allow rotating, and prohibits the source of illumination from shining directly on a person driving or walking. Section 8: This section addresses permits and fees and establishes that no sign other than temporary signs shall be erecter] without a permit and provides the information required by an application, including the street address where the sign will be installed, and establishes the criteria for when a survey will be required; allows for the expiration of permits within one hundred. twenty (120) days if the sign is not diligently pursued to completion; and establishes exceptions for permits for non -conforming signs. Section 9: This section addresses the removal of prohibited or otherwise illegal signs by allowing for removal of the sign when a violation has not begun to be repaired within seven (7) days, allows for signs that were illegally erected before the day of the ordinance, and signs illegally constructed after the date of the ordinance; provide for removal' of temporary signs within the public way; and allows for when a sign owner reaffends by replacing an illegal sign; allows that abandoned signs may be impounded within ten (1.0) days after the closing of a business; and establishes that impounded signs may be retained by the City until . completion of a criminal prosecution. Page 2 . JUL, -13' 99 (TUE) 12:34 MOORE k MCFADDEN CTD TEL:208 331 1202 P, 004 Section 10: This section addresses signs in she scenic route district and removes the requirement for a permit. Section 11: 'This section provides a definition for "sign, reader board" as „any sign writh movable lettering." Section 12: this section provides an effective dace upon the ordinal= passage, approval, and publication. The Lull text of Ordinance No. 711 is available at the office of the City of McCall, and will be provided to any person upon request during regular office Fours. DATED as of the 11" day of luly, 1999. AT ES't: Page 3 Crry OF Mcr-all Valley County, Idaho BY 41 Mayor , JUL, -13' 99 (TUE) 12:55 MOORE & MCFADDEN CTD TEL:208 331 1202 P, 005 CERTIFICATION OF CITY ATTORNEY As city. attorney for and legal advisor to the City of McCall, Idaho, I hereby certify that I have reviewed the foregoing Summary of Ordinal -in- No. 711 of the City of McCall, adopted on July ; 1999, and that the same is true and complete and provides adequate notice to the public of the contents of the ordinance. DATED as of the rJ day of July, 1999. Fage 4 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Valley,. State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began June 17, 1999 and ended June 17, 1999. Subscribed and stern before this the 25th day of June, 1999. STATE OF IDAHO COUNTY OF VALLEY On this 25th day of June, in the year of 1999, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 O Vey' � S �E U pp,tipTICE ORDINANCES ie; res give the public a look at 1 contents of ordinances local vents are considering for adoption you have concerns or wish to zt. ORDINANCE NO.711 McCall City Council and the Valley Board of County Commissioners will ublic hearing on Tuesday, July 6, 1999 i in the lower level meeting room at City Hall. ENDMENTS OF 1999 TO SIGN 'ER OF ZONING ORDINANCE ORDINANCE OF THE CITY OF .L RELATING TO PLANNING AND G AND TO SIGNS: I amendments clarifying purpose of idards ; I amendments defining standards for residential, commercial and industrial ncluding multi -tenant buildings and oard signs; I amendments to requirements appli- temporary signs and authorization of a lew temporary sign for a new business; amendments to requirements appli- o signs otherwise exempt from g, amendments to treatment of non- iing signs; amendments to section respecting ed signs; amendments to illuminated signs n; amendments to section respecting eons for sign permits, and scope of d, (al and impounding of illegal )] removing signs from the provisions enic route district; ] amendments clarifying the on of reader board signs; !] providing for an effective date. on 1. McCall City Code 3-24-010, ig purposes of sign regulation, is l to read as follows in that specific equired by Idaho Code, that is, with guage underlined, and matter to be truck through: -010. PURPOSES. It is the intent of 7ter To provide standards with which less owner or nonprofit entity may the business or entity in a manner tt with the welfare of the business or cart of the PlanningJurisdiction, which y dependent upon the economic health tire community. To preserve property values and traffic safety within commercial and al areas of the Planning Jurisdiction, s to enhance enjoyment of McCall's eauty, by controlling the use of signs motion and illumination, To improve business opportunity t of the increased attractiveness of the Jurisdiction and resulting protection ncement of the tourist trade as well as ,f the economy of the area. Terestablial, ata,n}rrds to npalate a, s,g„s sO sa to ptvt, ct th Lcalth, ,d ge„e,al .v,lfare „f ,a a;d ,,ta al To protect the health, safety and He f residents and visitors by ards for the placement and 1 e signs in the Planning Juris- ferreptatethesize �a❑v,rcfia, oth rp rt,ncatftiaw,eS falleAt,,; , he Planning Jthisd;et,o,t. 1 To reduce undue confusion and > e,,,,,p,titiva between signs. 1 To prevent conflicts and confusion advertising signs and traffic control ienals. full area of the property, a one sign may be freestanding, org,ea„d sapportcd, and may be located anywhere on the property. La, k of tl, st,e.,t sctLack lines. Noportion ofSsueh a sign may extend np-to more than 20 feet above the average ground level at tl, Lase of below the sign. (e) Signs may be on the vertical faces of marquees and may project below the lower edge of the marquee not more than twelve inches (12"). The bottom of marquee signs shall be no less than eight feet (8') above the sidewalk or grade at any point. No part of the sign shall project above the vertical marquee face, nor shall the marquee be extended above the roof line behind the marquee. (0 Signs shall not project above the part of the roof -lines closest to the sign. g Signs shall not be located on any property which is not the site of the subject of the information on the sign, egfor example, a sign advertising a business may only appear on the same lot or'parcel of real estate that is the location of the business. However, an estab- lishment which gains legal access by way of an easement or common area, may place a sign on an abutting property, with permission of the owner of such property. Such a sign must, comply with all provisions of this title, and the size of said sign shall be deducted from that alloted to the property on which the sign is located. h Signs may be incorporated into building awnings. In terms of calculating sign size, theprocedure shall be to calculate the area of the letters and design according to the "sil- houette" sign described in MCC 3-24-020 (A) 1. 4. Content. Signs shall be identity signs only. 4. Multi -tenant Buildings or Plazas. Only one freestanding sign may be erected per building or plaza and may not exceed 50 square feet in area per frontage street. Such signs are referred to as "location sign (s)" in the rest of this paragraph 7. The project sign may set forth the name of the building or plaza (called "project name" in the rest of this paragraph 7.), for one example, "Jones Shopping Center". Such signage is in addition to allowable signage for individual businesses. Individual businesses may be identified on the location sign, but may not exceed 8 square feet per business. Signage on the location sign identifying individual busi- nesses shall be deducted from the total allowed for the business in question. Signs for individual tenants may be wall mounted or hanging, but not projecting unless over an interior walkway of the project. The portion of total signage available to each tenant shall be determined by the building or plaza owner. 5 Illumination, Illumination of signs is permitted, but only in accordance with the restrictions specified in Section 3-24-070 6 Reader Boards (Changeable Letter Signs). No more than 50% of any given sign face may include a space for changeable letters, except as provided for in subsection (a) below, Permitted reader board signs shall be of a high quality, and the letters used on such signs shall be of a durable material such as lexan or acrylic plastic, with a minimum thickness of 0.08 inches and a height not to exceed 9 inches. a The Commission may allow an es- tablishment to irtstall a sign with more than 50% of its face made up of reader board only upon makingthe following findings, and after following the same procedures as for a Condi- tional Use Permit: (1) That special conditions and circum- stances unique to the type of business, the land, or structure, make compliance with MCC 3-24- 020 (C) 6. an undue hardship. In' making its findings, the Commission shall take into con- sideration the products offered by the establishment and whether the inventory changes on a regular basis. The Commission may use the requirements for a variance (MCC 3-31-010) as a guide in determining whether to grant a request under this section, though the request need not meet all requirements of MCC 3-31-010. (B) Indn,t.;a1 Ze„ea. 1. General.Theregulationc and cneri- of signs are exempted from all th,, N, thepermit requirements of this Chapter, except 5 . vnahrn Lan aaessfctrregnIations build- ingcode requirements that would be applicable in the absence of this Chapter; but shall be subject to any standards in this Chapter made expressly applicable to exempt signs and tc and the following requirements: (A) Public Signs. Signs of a non-com- mercial nature and in the public interest, erected by or on the order of, a public officer in the performance of the public officer's public duty, such as safety signs, danger signs, trespassing signs, traffic sis„s control devices, memorial plaques, signs of historical interest, informa- tional signs, and the like. Such informational signs may include directional signs advising persons upon main roads of through routes and the direction to travel to various public build- ings and facilities. (B) Institutional. 1. Signs setting forth the name or any simple announcement for any public, chari- table, educational or religious institution located entirely within the premises of that institution up to an area of 24 square feet. 2. Such signs may be illuminated in accordance with the regulations specified in Section 3-24-7, Signs, Illumination. 3. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground mounted, the top shall be no more than six feet (6') above ground level, except when mounted upon a bona fide gateway at a height to permit vehicles to pass beneath the sign. (e)(B) Integral. Names of buildings, dates of erection, monumental citations, commemo- rative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction, and made an integral part of the structure. (-139n Private Traffic Direction. Signs di- recting traffic movement onto a premise or within a premise, such as "in." "out," and "one- way," not exceeding three square feet in area for each sign, and containing no advertising whatsoever; or painted on paved areas, and containing no advertising whatsoever; are per- mitted. Such signs may be illuminated in accordance with the regulations specified in Section 3-24-070. 1. Signs directing traffic movement onto a premise or within a premise, not exceed- ing three square feet in area for each sign. 2. Such signs may be illuminated in accordance with the regulations specified in Section 3-24-070, Signs, Illumination. 3. Horizontal directional signs on and flush with paved areas are exempt from these standards. . (E)(D) Small Signs. One sign per business, not exceeding two square feet in area, attached flat against the building, stationary and not illuminated, announcing only the name and occupation of building tenant. (17LE,Z Rental Signs. Signs on the premises announcing rooms for rent, table -board, apart- ment or house for rent, and not exceeding four , square feet in area. (6- (E1 Vehicles. Signs on a motor vehicles or the trailer part of a tractor -trailer of any , prov;d, d tLe sign s pa;nh l a, attached l lV a data n„t pj [ er cAt, n,i b ye„a the . or or on a vehicle generally not visible from the public streets except while being used on the public streets, provided that I. Registered. The motor vehicle or trailer must be currently registered with the relevant motor vehicle authorities and be cur- rently, regularly, and principally used for a transportation purpose other than display of such sign. Signs which would otherwise be mounted on a building or in a freestanding frame may not be placed vertically on the roof, hood, or trunk of a car, nor in the bed nor on the cap of a truck, unless being used to transport the sign to a permanent location. 2. LocatedThe vehicle's location when not in use upon the public streets must be consistent with the most logical implementa- tion of the principal use of the vehicle; and .i Nnt Artnally TTceri ac a .Cian A consist of balloons, banners flags, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or other similarly moving &- vices. "Banner" for such purposes means a piece of plastic, paper or cloth commonly in a long strip, but no matter of what dimensions, bearing upon it one or more or some combina- tion of designs, mottoes slogans, names, advertisements. greetings, or the like. These devices when not part of any sign, are similarly prohibited. United States or Idaho flags, and the flags of other states or nations are permit- ted, and if displayed shall be displayed -with app l ,;at, ,wl , t in accord with the rules stated in Title 36 United States Code Sections 173 through 176. Single flags (for example, not strung together on a line or rope), decorative in nature and without advertising or lettering are permitted. 2 The Administrator may, after con- sultation with interested community organizations, propose to the Commission stan- dards for otherbanners, flags, or other street or holiday decorations which the Administrator believes should be permitted_7and—tr_i pon approval of those standards by the Commis- sion, and, approval by Council by resolution with or without public hearing as Council then determines appropriate, banners, flags and street and holiday decorations meeting those standards shall be permitted. Pending adoption of such standards the following are permitted unless the Administrator determines that a vio- lation of the intent of this subsection (F) is occurring: landscape lighting; strings of small clear bulbs in trees- and holiday decorations and like seasonal decorative lighting and dis- �18 w, 1..,,u;ttud uulwa tl,c A.luuu;ahalu, uun..a tlla a r aJ at;ua of tln. ;stud of llua subsection (I) ;s Otcu,,;ng. (G) Signs that swing or otherwise no- ticeably move as a result of wind pressure in a fashion which may distract or and cause a danger to the public. (H) Billboards as defined in Chapter 4, Definitions. I Portable "Reader board", A -frame or other temporary signs not permitted by Sec- tion 3-24-020 (C) 6 or Section 3-24-030. "Portable" means not permanently mounted eithertoabuilding ortheground. Signs mounted to the ground must meet the requirements of the building inspector with reference to the build- ing codes then in effect by the City of McCall and Area of City Impact. - (J) Signs mounted in or on a motor vehicle pa, k..I La. ..,,,1, d „ th,,, l mu at da. 1,�,,,, o, lnrrincss—prcrnises oft I buain,a adVc,t;acdO,of;lauwuG,84.h; l,al,all„vtL, Wua;aluad wmtlw„la,l ;f tL, aluvu ;a m ll,, p,u,us., parked not authorized by 3-24-040 (G). (K) In the Impact Area, any other sign which is prohibited by County ordinance, whether or not such County ordinance is other- wise applicable to the Planning Jurisdiction. (K) Any sign erected without a prior permit after the date of applicable regulations; and any sign required to be removed under Section 3-24-050. Section 7. McCall City Code Section 3-24- 070 respecting illuminated signs, is amended to read as follows: 3-24-070. ILLUMINATION. The follow- ing rules apply to all illuminated signs; nothing in this section shall be taken to authorize a sign not authorized in another section under this Chapter, (A) The light from or directed at any sign shall be so shaded, shielded or directed that the light intensity or brightness will not be reasonably objectionable to persons in the sur- rounding areas. (B) No light associated with a sign shall have -blinking, flashing, rotate, or fluttering brigh. Beacon lights are not permitted. (C) ' No colored lights shall be used at any location or in any manner that could be confused with a traffic control device. (D) Neither the direct, norreflected light f.,,n,p.;.ua.ylsl.taeu...,,a,shall tendtocreate . a traffic hazard to operators of motor vehicles duo espec,auy, wnere suscepuote to loot to regulate the content of speech, In that speech of an obscene nature, but place and mariner. ion 2. McCall City Code Section 3-24- lecting sign standards applicable to all amended to read in pertinent part as Ind to add a new provision for standard err=" -' signs as follows: -0: iN STANDARDS BY ZONE al Standards Applicable to ;s. The following sign standards by intended to include every zone in the Jurisdiction. The zones are as defined rifle. Only signs ns-described in this or Le.. ;u and a, muy Lc d ,c„L I ist :ction 3-24-030, Temporary Signsur action 3-24-040, Exemptions, will L itted in each particular zone. The area shall be computed by adding up the totage of the one, both or all planes of words or graphics visible to the pub - sign includes silhouette designs or vhether cut out of the interior of a Ind, or projecting beyond the edges of ound, or free-standing, the area of the 1 be computed to include the square - if a rectangle that would enclose such For example, should a sign flat against g that is three feet on a side (9 square e a silhouette of a pine tree .,11Leuctt., to and extending above it, such -tree being one foot wide at the widest and 1, then the one foot by two foot rect- ich could enclose that -tree silhouette dded to the 9 square feet of the rest of of which it is a part for a total of 11 et, notwithstanding that some of that ct includes air around the tree silhou- If any zone is omitted from this or if a new zone is created after March , no signs shall be permitted therein Chapter shall be amended to include Standards Applicable to Residen- s. n residential zones for Susi- th Lonu„ional Use Permits or Existing :onforming Use, The maximum sign Businesses operating under a condi- : permit or as a nonconforminguse exceed 24 square feet. Such signs •t all other requirements set forth in 4-020 (C), A more restrictive condi- approval of a conditional use shall ver this paragraph as to that condi- s Standards Applicable to Commer- lustrial Zones. General. The regulations and speci- tet forth herein in this subsection (C1 fy to Zone C- Commercial District, - General Commercial District, and Central Business District, and Zone ial. Location. Signs may be flat wall signs and iywhere on the surface of the build - Signs may be projecting signs only It. t6c appheal l., ze,.;,,gthe,e s rti r.tbaekinthe CBZones and then may t feet (6') or less beyond the street ire, but no closer than two feet (2') to : or other edge of the roadway where o curb, and must have a minimum of eight feet (8') above th., cu. b lane tlic sidewalk or nine feet above a Ith where there is not yet a sidewalk, :t above driveways or alleys. When a projecting sign is closer mt. to a comer of the property, its shall he no more than a distance /2 irizontal distance from the Lt c R HMG a building does not cover the mts Lone, for ,each industrial establishment, one identity sign for each street frontage, each with a maximum area of one square foot for each lineal foot of building street frontage, or one half (1/2) square foot for each lineal foot of property street frontage whichever is greater. 3. Location. Requirements shall be the same as specified for the Commercial districts. 4. Content. Signs shall be identity signs only. r Illtrm;nat:on. I11"n,;nat;V„ .,f„gu, is p .,,.hood, bat ;n a....o,.l.m.,c *Air thereat. le• Oh; ;n Sc.,Gen 3-24-7. Section 3. McCall City Code Section 3-24- 030 respecting temporary signs is amended to read in pertinent part as follows and to add new permitted temporary signs as follows: 3-24-030. TEMPORARY SIGNS. The following signs shall be permitted anywhere within the Planning Jurisdiction and shall not require a permit: (B) Real Estate Signs. 1. Signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed: a. For properties of are five contigu- ous acres or less, the total area of the signage shall not exceed -Frye 5 square feet-(-51-) on one face. A double sided sign may have a total sign surface of 10 square feet. b. For properties of vvc, five to ten contiguous acres but I,,,, d,a., tom„ a... ,, the total area of the signage shall not exceed 16 square feet per face; c. For properties over 10 contiguous acres, the total area of the signage shall not exceed 32 square feet per face; • d. For properties facing the lake front, the total area of the signage shall not exceed 16 square feet per face. 2. Such signs shall be removed within seven days after the sale, rental or lease is documented and closed. 3. "Open House" signs shall not ex- ceed six square feet in total area. epen-Hoese ,;guS p.ov..11ag du....tmars u, gilt,., pe,ty• aalc p,.,d;d. l Eres,;e,. ;, aLta;,, U..,p..,ty.,w.,,, "pe„ aLosep,epc,ty tLc,:gn(,) i, pla.,ed. Open House signs shall be removed upon completion of the "open house" but in no event shall the sign be in placed longer than 24 48 hours. 4. Illuminated, reflective and day-glo type materials shall not be permitted on any real estate signs. 5. Signs shall be maintained in good repair. 6. Real Estate signs shall not be placed within -open or extend over public rights of way. (E) Show Window Signs. Show win- dow signs in a window display of merchandise when incorporated with such a display. They need not be related in content with the display, but unsightly clutter of signs shall be avoided. A sign or signs shall be deemed an unsightly clutter if it or they obscure more than 25% of any one window. Square footage of show window signs shall not be included in the overall allowable square footage of external si ns jE New Business Signs. With prior written notice to the Administrator and the code enforcement officer. with their written concurrence that the business is new, and upon payment of a fee set by Council from time to time by resolution, a new business may display a temporary sign for not more than a total of 16 consecutive days to announce its opening, which sign shall be on the premises where the busi- ness is located. -Such asign is in addition to the permanent sign and shall not be larger than a sign permitted to the business Section 4. McCall City Code Section 3-24- 040 respecting exempt signs is amended to read in pertinent part as follows: . 3-24-040. EXEMPTIONS FROM PER- MIT REQUIREMENTS. The following types This subsection (F) shall be construed so as to prevent the use of vehicles for a sign except under the foregoing circumstances. Section 5. McCall City Code Section 3-24- 050 respecting nonconforming signs, is amended to read as follows: . 3-24-050 NON -CONFORMING SIGNS. Where a lawful sign existed on the effective date of the applicable regulations, that could not be lawfully installed under the terms of current regulations, such sign may be contin- ued so longs as it remains otherwise lawful, subject to the following provisions: (A) Signs existing on March 24, 1994 and not conforming may be continued for a period of three years from the date of their. construction or 18 months from March 24, 1994, whichever is longer, if properly repaired and maintained as provided in this Code and are in conformance with other ordinances of the City. At the end of this period they shall be removed. Both the owner and the occupant of the property are responsible for removal. (B) Any sign in violation of Section 3- 24-060, Prohibited Signs, shall. be removed, altered or repaired in accordance with the pro- visions of this Title within 60 days after March 24, 1994. (C) Non -conforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this Code. (D) Any sign in violation of Section 3- 24-030, Temporary Signs, shall be removed, altered or repaired within 30 days after March 24, 1994. (E) Non -Conforming Uses. Signage associated with any nonconforming building or land use shall, nevertheless, comply with all the provisions of this Chapter applicable to the zone in which the nonconforming building or use would be conforming. If there is more than one such zone, the most restrictive regulations among those of the two or more other zones shall apply. (F) I„th. cv cntas.g.,saot, Caw V, y cc ap;rat;en of d,e t:..t. p.ev;d d,a nn,00c l as p,e,r;d. d .n 3-24 100. (A) No such nonconforming sign may be enlarged or altered, other than changing copy, in a way which increases its nonconfor- mity, but any sign may be altered to bring it into conformity. (B) Should such nonconforming sign or nonconforming portion of sign be damaged to an extent or require maintenance that would cost more than 50% of the sign's replacement cost at the time of the damage or maintenance it shall not be maintained or repaired, but shall be removed or reconstructed in conformity with the provisions of this title (C) Should such nonconforming sign be moved for any reason for any distance what- soever, it shall thereafter conform to the then current regulations. Section 6. McCall City Code Section 3-24- 060 respecting prohibited signs, is amended to read as follows: 3-24-060. PROHIBITED SIGNS. The fol- lowing signs are prohibited: (A) Signs that contain statements, words or pictures of an obscene or racist character. (B) • Signs that contain or are an imita- tion of an official traffic sign or signal or contain the words "stop", "go slow", "caution", "danger", "warning", or similar words. (C) Signs that are of a. size, location, movement, content, coloring or manner of illu- mination which may be confused with or construed as a traffic control device, or hide from view any traffic or street sign or signal. (D) Signs that advertise an activity, busi- ness, product or service not conducted, or no longer conducted, on the premises upon which the sign is located, (E) Signs that have a moving part which is a major attraction of the sign or constitutes more than 10% of the sign area. (F) 1 Signs that include c.,ntaLr or lye.ace, d I5 watt, shall be used or the ie. ad. fac.. 4 any sign so as to expose the face of the source of illumination ba}b light or famp-to any person driving or walking on a public street or adjacent property. (F) "Reader boards", i.e. signs with movable lettering, may be attached to build- ings, and may be illuminated, but must meet all sign area requirements. Section 8. McCall City Code Section 3-24- 080 respecting permits for signs, is amended to read as follows: 3-24-080. PERMITS AND FEES. (A) Permit Requirements. I. No sign rcga;.;ng a p..,,,;t other than a temporary sign provided for in Section 3- 24-030 or an exempt sign provided for in Section 3-24-040 shall be erected, altered or relocated without a sign permit issued by the Building Inspector. A sign permit may be applied for on the form for a building permit. If a building permit as such is required for the sign, such building permit will serve also as the sign permit. 2. Electrical permits, when required, shall be obtained at the same time as the sign permit. (B) Applications and conformance of construction to application. 1 The permit application shall con- tain the street address where the proposed sign, will be installed-hr...,Cu. ufthe 3.gn-strnctme, the name and address of the sign owner and of the sign erector, drawings showing the precise dimensions, colors, materials, design and loca- tion of the sign and of any related support for the sign, and such other pertinent information as the Administrator or the Building Inspector bnildingoffteial may require to insure compli- ance with the McCall City Code. 2 Nothing shall be installed as part of or in association with a permitted sign that was not shown on the application for the permit for the same, except incidental fittings and connec- tions, In this regard, nothing shall beconsidered incidental that would be apparent when viewed from a property line of the property on which the sign is erected. 3. If construction at or near a setback line or possibly inside a setback or off premises cannot be ruled out in the opinion of the Ad- ministrator or the Building Inspector, an actual survey must be submitted. The survey shall be an as -built survey of the location sufficent to eliminate all doubt about building size, and the location of existing and proposed improve- ments with respect to each other and the setback lines. Such a sign with a proposed size close to the maximum permitted, must be submitted to the Buildin Ins ector for measurement n• it to installation. 4 No sign permit is valid for the erec- tion of any sign other than the one described in. the application. The erection of a sign differing from the sign represented in the application, constitutes erection of a sign without a permit; and the sign is subject to immediate seizure, and/or masking. (C) Fees. Fees for sign permits shall be as fixed from time to time by the Council. (D) Nulliftcatie,rExpiration ofPermits. A sign permit shall become null and void if the work for which the permit was issued has not begun within a period of 120 days from the date of the permit and is not thereafter diligently pursued to completion. (E) Permit Exceptions. The following operations shall not be considered as creating a sign and therefore, shall not require a sign permit. All other signs require a permit. Anv action with a nonconforming sign must also comply with MCC 3-24-050 1. Replacing Copy. Changing the words or numbers on a permitted, conforming sign to words or numbers themselves not caus- ing the sign to become unpermitted or nonconforming, and repair, maintenance, or replacement without design change of a sign (Continued on Page 13) . (Continued from Page 12) enforcement or code enforcement officer. which has apermitor is otherwise c onformin g,, 4 A temporary sign erected within shall not be considered as creating a sign.. • the public rights of way may. be 'impounded Changing the text on a legally existing "reader upon discovery as evidence by a law enforee- board" shall not require a•permit: Owners are ment or code enforcement officer. • • ----waged to contact the Administrator to 5. A sign owner who re -offends; that ss whether or not contemplated changes • is, who after warning or prosecution removes wful without a permit. an illegal sign, but who then puts the same. or ' Replacing Copy. The changing of the ad- . another functionally similar illegal sign tip in ' vertising copy of message on an approved the same or a y other .location, the sign in painted or printed sign or on a theater marquee violation of this Chapter may be removed and and similar ap-proved signs which are specify- impounded as evidence by a law enforcement • cally designed for the use of replaceable copy. or cede enforcement officer. 2. Maintenance, painting, repainting, . (C) Abandoned Signs. A sign, shall be cleaning and other normal. maintenance_ and removed bytheownerorlessee ofthe premises repair. of a • sign or• a sign. structure unless a upon which the sign is located when the busi- Structural change is made. ness which it advertises is no longer conducted • 3,. • - Temporary SignS. Signs indicated on the premises. If the owner or lessee fails.to in Section 3-24-030, Temporary Signs, and 3= remove it within ten days after closing or mov- _ 244)40, • Exemptions are also exempt. from . ing the business, the Administrator. Building permit requirements. • .. . Inspector. a law enforcement officer, Ora code . • Section 9. McCall City Code Section 3-24- enforcement officer may yLall 6' tL.. tt t remove it or 100 respecting removal of illegal signs, " �s. . • amended to read as follows: cause it to be removed at the expense of the last 3-24-100: I Pt S P): C T ION , owner of the same. SAFETY, REMOVAL OF PROHIBITED OR .OTHERWISE ILLEGAL SIGNS, SAFETY r-erdin s; n "t ost f., th...esenta ti IMPOUNDING,FORFEITURE: t .. 6. • • (A)' Maintenance. Allsignsand compo- ID) Impounded Signs. An impounded.• nents thereof shall be.kept in good repair and sign may be retained by the City until comple- safe, neat; clean 'and attractive condition. As Lion of any criminal prosecution or other•court provided in this Chapter, no new sign may be proceedings respecting the erection or mainte erected without permit and approvals. • nance of the sip; if an owner has re -offended- . .. (B) Removal of Sign. • after having been convicted of a violation•in I. Any sign legally erected which . putting up a sign, and the new offense involves comes to be in violation of this Chapter by the same sign or a sign which in pertinent . reason of casualty or failure 'to comply with •aspect(s) is a like sign. is forfeited to the City paragraph (A) of this section above, shall be and subject to disposal as deemed appropriate repairedor replaced•expeditiously. If repair or by the City Manager. replacement is not undertaken within 7 days, . Section 10. McCall City Code Section 37 and pursued with due diligence, the Adminis- 16-030 respecting 'signs in the Scenic Rbute trator shall state so in.a written •decision; and District, is amended to read as follows to con- • notice shall besent to the last known address of form to the preceding sections: the last known owner in the utility records of • 3-16-030. REQUIREMENTS FOR DE- e City, if there is any such address there, and VELOPMENT. Prior to the issuanee of a >sted upon the sign itself. An appeal may be building permit,.otherthan for a sign, and prior taken _by the owner.to the Commission as from to any clearing, grubbing, excavation, or other other decisions oftheAdreinistrator:ThcbAel construction, the owner shall apply for ap- proval of a site plan: Procedures, for the t ,.,. t,.1.,. ,aa,ntn,.,c1,n ti.elat;e.,-0 d,.s T;tl.,: processing of the application shall be governed . ..r.w.,ting-He-the by the procedural toles set out in subsection (G)' �.� - - - below. No.building permit shall be issued, nor. any such construction undertaken, until ap-; proval of the site plan. • (G) If the construction relates to a new commercial or industrial building, or the en- largement of an existing such building by 30%r • ur py ,o•l.,. h �a h ��g„ ,J lu. at. ai, Lal t..,re V,. tl,g ;t ;nto cey.,phan. c. "_The Building Inspector may remove •a sign immediately. and• without notice if, in the Build- ing Inspector's opinion; the. condition of the sign -is such as to present an immediate threat to or more; or to 'a new residential. bin . mg the safety of the public. • • 5,000: squarefeet or more, or covering more 2.. If the sign was illegally erected' than 30% of the.lot on which located, or to an • prior to the date of this ordinance on private enlargement of an existing residential building property, it shall be dealt with under the pro- which is (or as a result of the: enlargement will: cesses of paragraph 1. immediately above. • be) larger than that; the procedure followed 3. • If the sign • was erected illegally shall be identical to that for a conditional use. If after the date of this ordinance, that is, without the construction relates to a sigti;-and-hrother. either or both of building or sign permit and of . cases not specifically addressed in this Section • Administrator or Commission approval. or if thcp,c,,cd;ng sent...nee, the procedure shall be the owner has failed to respond to notice as to submit _the matter to the Commission for. above• or if there is no known address for the review without public hearing or Notice other last known Owner in the utility records of the than agenda notice: No approval by Council is City, a sign in violation of this Chapter may tie required in either case unless there rs.an appeal removed and impounded as evidence by a law to Council from the decision of the Commis- sion, If the construction relates to the modifica- tion of an existing, previously approved sign, the procedure shall be to submit it to the Ad- ministrator for review. Approval is required in any event. • Section 11. McCall City Code Section 3-4- 010 respecting definitions of terms contained in the McCall City Zoning Code is amended as follows: - . • 3-4-020. MEANING OF TERMS OR WORDS: • 114. Sign - Any device designed to in- form or attract the 'attention persons not on. the premises on which the sign is located. .a. • Sign, On -Premises - Any sign call- ing attention to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located. b. Sign, Off -Premises -Any othersign. c. • Sign;Illuminated- Any sign .illumi- nated byy electricity, gas or other artificial light including reflecting or phosphorescent light: d. Sign, Lighting, Device - Any light, string of lights or group of lights located or• arranged so as to cast illumination on a sign.:.. e Sign,. Projecting - Any sign which • projects from the exterior of a building. f • Sign. Reader Board -Any sign with . moveable lettering.. • Section 12. This Ordinance shall be in full: force and effect within the City of McCall from and after its passage, approval and publication as required by law; and within'the Area of City Impact, from•and after the later of its passage, approval and publication as required by law by the the City, or the passage,approval and publication as required by law of an ordinance of the County applying this ordinance to the Area of City Impact. Sign Amendments- Prepared for Public. Hearing before City Council & County Com- missioners on July 6, 1999. Note: Underlined 'text is proposed to be added, Sttikethtough-text is proposed to be , deleted. Kirk L. Eimers, Mayor • ATTEST:• Cherry Woodbury, City Clerk ltc6/17 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began July 15, 1999 and ended July 15, 1999. Subscribed and srn beforcWne this the 16th day of July, 1999. STATE OF IDAHO COUNTY OF VALLEY On this 16th day of July, in the year of 1999, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. ®u8� Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 O Vey SUMMARY OF ORDINANCE NO.711 AMENDMENTS OF 1999 TO SIGN C ANCE AN ORDINANCE OF THER OF ZONING INCITY OF McCALL RELATING TO PLANNING AND ZONING AND TO SIGNS; CLARIFYING PURPOSE OF ORDINANCE; AMENDING. STANDARDS FOR SIGNS IN RESIDEN- TIAL, COMMERCIAL AND INDUSTRIAL ZONES, INCLUDING MULTI -TENANT BUILDINGS AND READER BOARD SIGNS ;AMENDING REQUIREMENTS AP- PLICABLE TO TEMPORARY SIGNS AND AUTHORIZING TEMPORARY SIGNS FOR ANEW BUSINESS; AMENDING REQUIRE- MENTS APPLICABLE TO SIGNS OTHERWISE EXEMPT FROM PERMIT- TING; AMENDING TREATMENT OF NONCONFORMING SIGNS; AMENDING SECTION FOR PROHIBITED •SIGNS; AMENDING PROVISIONS FOR ILLUMI- NATED SIGNS; AMENDING SECTIONS FOR APPLICATIONS FOR SIGN PERMITS, AND SCOPE OF PERMITTED ACTION; PROVIDING FOR REMOVAL AND IM- POUNDMENT OF'ILLEGAL SIGNS; PROVIDING_ FOR REMOVAL OF SIGNS FROM THE SCENIC ROUTE DISTRICT; AMENDING THE' DEFINITION OF READER BOARD SIGNS; AND PROVID- . ING FOR AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance. No. 711 of the City of McCall, Valley County, Idaho, adopted on July 6, 1999, is as follows: Section 1: The purposes of the ordinance wherever amended is to provide consistency with the businesses or entities in the planning jurisdiction; to preserve property values and improve safety; to enhance the City of McCall's natural beauty; to improve business opportuni- ties; and to protect the health, safety, and welfare of the citizens of the planning jurisdiction; but not with, certain exceptions, to regulate the contents of speech but only the place and man- ner. Section 2: This section establishes a maxi- mum sign area for businesses operating in residential zones not to exceed twenty-four square feet (24'); amends requirements for signs in commercial and industrial zones that a sign • can be placed on the abutting property with permission of the property owner when access is by easement or common area; establishes the standards for signs in multi -tenant buildings or plazas, which signs shall not exceed fifty square feet (50') per frontage street; allows for reader boards of no more than fifty percent (50%) of any given sign face for changeable letters; and allows for specific conditions when an area greater than fifty percent (50%) shall be al- lowed. . Section 3: This section addresses tempo- rary signs and allows for real estate signs of five (5) square feet on one face if the property is five contiguous acres or less; 16 square feet of acreage for five to ten contiguous acres; 32 square feet for ten contiguous acres; provides that properties facing the lakefront shall not exceed 16 square feet; show windows may not obscure more than twenty-five percent (25%) of one window; and new business signs may run for a total of sixteen (16) consecutive days to announce its opening. Section 4: This section provides for ex- emptions to the ordinance which continues an exemption for public signs for non-commer- cial public interest matters such as safety signs, danger signs, and that such informational signs • include directional signs advising persons upon main roads of through routes and directions of travel; provides that private traffic directional signs may be allowed with directions such as "in, out; and one-way," but with no advertising whatsoever; allows for signs on motor vehicles or trailer part of a tractor trailer provided that the vehicle is currently registered, the vehicle is located on a public street when not in use, and the vehicle is not actually used as a sign. Section 5: This sectionaddresses non- conforming signs which may be continued so long as they otherwise remains lawful, pro- vided the non-conformance may not be enlarged or altered, not damaged beyond fifty percent (50%) of its replacement costs, and cannot be moved any distance whatsoever. Section 6: This section prohibits signs including signs containing racist words or pic- tures, clarifies the prohibition against banner or flag signs, including a definition of banner, and controls portable reader boards with the defini- tion of portable. Section : This section addresses illumina- tion and allows for illumination only when the sign is otherwise authorized with light directed at signthat is not reasonably objectionable, does not allow rotating, and prohibits the source of illumination from shining directly on a per- son driving or walking. Section 8: This section addresses permits and fees and establishes that no sign other than temporary signs shall be erected without a permit and provides the information required by an application, including the street address where the sign will be installed, and establishes the criteria for when a survey will be required; allows for the expiration of permits within one. hundred twenty (120) days if the -sign is not diligently pursued to completion; and estab- lishes exceptions for permits for • non -conforming. signs. Section 9: This section addresses the re- moval of prohibited or otherwise illegal signs by allowing for removal of the. sign when a violation has not begun to be repaired within seven (7) days, allows for signs that were illegally erected before the day of the ordi- nance, and signs illegally constructed after the date of the ordinance; provide for removal of temporary signs within the public way; and allows for when a sign owner reoffends by replacing an illegal' sign; allows that aban- doned signs may be impounded within ten (10) days after the closing of a business; and estab- lishes that impounded signs may be retained by . the City until completion of a criminal prosecu- tion: Section 10: This section addresses signs in a. the scenic route district and removes the re- �uirement for a permit. Section 11: This section provides a defini :ion for "sign, reader board" as "any sign with movable lettering." • Section 12: this section provides an effec- tive date upon the ordinance passage, approval, and publication. The full text of Ordinance No. 711 is avail able at the office of the City of McCall, and will be provided to any person upon request during . regular office hours. DATED as of thel3th day of July, 1999. CITY OF McCall Valley County, Idaho By: KirkBimers Mayor ATTEST: Cherry Woodbury. City Clerk CERTIFICATION OF CITY ATTORNEY As city attorney for and legal advisor to the City of McCall, Idaho, I hereby certify that I have reviewed the foregoing Summary of Or- dinance No. 711 of the City of McCall, adopted on July 6, 1999, and that the same is true and complete and provides adequate notice to the public of the contents of the ordinance. DATED as of the 13th day of July, 1999. Dave Bieter City Attomey lte7/15 NEWS - THURSDAY, JUNE 17, 1999 StanNews Photo by Corey Woks xo improves safety gent Of- McCall Elementary School 'etches a parking lot to have their safety lay's Bi- equipment`checked and to ne- d by the gotiate a course to test their Youths riding skills. The rodeo empha :s to the sized the need to wear helmets rd out on your yard_.e,ale.". laaifiedSl:CalL63472123 your credit card handy.` all you need to dol- N. Reedy, M.D. Innounce the closure of his re as of June 30, 1999. vill be kept by Dr. David Burica Deinhard Ln„ 634-3857. Summer is coming... on't wait until the last minute! Have your boat or vvatercraft refreshed and repainted by elision will make your boat and toys 3w again... and you'll be stylinl collision refinishes & repairs all types of toys TERN COLLISION 85 • Celebrating 16 Years IRTH AMERICAN )RTGAGE COMPANY ME. COMPANY l ORDINANCES These notices give the public a look at the exact contents of ordinances local governments are considering for adoption in case you have concerns or wish to comment. • ORDINANCE NO.711 The McCall City Council and the Valley County Board of County Commissioners will hold a public hearing on Tuesday, July 6, 1999 at 7 pm in the lower level meeting room at McCall City Hall. AMENDMENTS OF 1999 TO SIGN CHAPTER OF ZONING ORDINANCE An ORDINANCE OF THE CITY OF McCALL RELATING TO PLANNING AND ZONING AND TO SIGNS: [§. I] amendments clarifying purpose of sign standards ; [§ 2] amendments defining standards for signs in residential, commercial and industrial zones, including multi -tenant buildings and reader board signs; [§ 3] amendments torequirementsappli- cable to temporary signs and authorization of a class of new temporary sign for anew business; [§ 4] amendments to requirementsappli- cable to signs otherwise exempt from permitting; [§ 5] amendments to treatment of non- conforming signs; [§ 6] amendments to section respecting, prohibited signs; [§ 7] amendments to illuminated signs provision; [§ 8] amendments to section respecting applications for sign permits, and scope of permitted action; [§ 9] removal and impounding of illegal signs; [§ 10] removing signs fromtheprovisions of the xenic route district; [§ II] amendments clarifying the deftnintion of reader board signs; [§ 12] providing for an effective date. Section I. McCall City Code 3-24-010, respecting purposes of sign regulation, is amended to read as follows in that specific format' required by Idaho Code, that is, with new language underlined, and matter to be deleted struck through: 3-24-010. PURPOSES. It is the intent of this Chapter LAl To provide standards with which the business owner or nonprofit enti y'may identify_ the business or entity in a manner consistent with the welfare of the business or entity aspen ofthePlanningJurisdiction which is directly dependent upon the economic health of the entire community. al To Preserve Meetly values and improve traffic safety within commercial and residential areas of the Planning Jurisdiction as well as to enhance enjoyment of McCall's natural beau y. by controlling the use of signs and their motion and illumination LC) To improve business opportunity as a result of the increased attractiveness of the Planning Jurisdiction and resulting protection and enhancement of the tourist trade as well as the rest of the .ono y of the area (h)f]?]To ant"bl: L ,t"„JmJ t ,aKvl to till a.,ta„g, a:K,n., "= lv vnt,taat tLa La"Ith, syfalr ",d Ka„h."1 wdfma gf s:Jan,ts a,lU To protect the health safety and general welfare of residents and visitors by establishing standards for the Placement and size of all exterior signs in the Planning Inns- dic�p aatan "n,J atLa, pa,Gtnh,ntF .,t".gnat( "Il a..lan:.n (C-jfEl To reduce undue confusion and between. signs. (DM To prevent conflicts and contusion between advertising signs and traffic control signs or signals. (B O] To prevent possible harm from out- door signs suspended from or placed on top of structures and otherwise erected above the ground and especially where susceptible to high winds. 1 CH) Nottoregulatethecontentof speech other than that speech of an obscene nature, but only the place and manner Section 2. McCall City Code Section 3-24- 020 respecting sign standards applicable to all zones is amended to read in pertinent pan as follows and to add anew provision forstandard design permitted signs as follows: 3-24-020. SIGN STANDARDSBYZONE (A) General Standards Applicable to All Zones. 1. The following sign standards by zone are intended to include every zone in the Planning Jurisdiction. The zones areas defined by this Title. Only signs as-0escnbedj> this full area of the property, a one sign may be freestanding, on K,o"„J sgvP..,hJ, and may be located anywhere on the property. b.,aA of tine No pinion of5such a sign may extend upto more than 20 feel above the average ground level "t tlna Lase -of below the sign. (e) • Signs may be on the vertical faces of marquees and may project below the lower edge of the marquee not more than twelve inches (12"). The bottom of marquee signs shall be no less than eight feet (8') above the sidewalk or grade at any point. No pan of the sign shall project above the vertical marquee face nor shall the mar.. be extended above the roof line behind the manatee. . (f) Signs shall not project above the part of the roof -lines closest to the sign. g Signs shall not be located on any property which is not the site of the subject of the information on the sign, ellor example a sign advertising a business may only appear on the same lot or parcel of real estate that is the location of the business However. an estab- lishment which gains legal access by way of an easement or common area may place a sign on an abuttine property. with nermission of the owner of such property Such a lien must comply with all provisions of this title. and the size of said sign shall be deducted from that alloted to the property on which the sign is located h Signs may be•incorporated into building awnines. In terms of calculating sign size the procedure shall be tocalculate the area of the letters and design according to the "sil- houette' sien described in MCC 3-24-020 (Al L 4. Content.Signsshallbe identitysigns only. 4. Multi -tenant Buildings or Plazas. Only one freestanding sign may be erected per building or plaza and may not exceed 50 square fat in area per frontage street. Such signs are referred to as "location sign (s)" in the rest of this paragraph 7. The project sign may set forth the name of the building orplaza (called"project name" in the rest of this paragraph 7.), for one example, "Jones Shopping Center". Such signage is in addition to allowable signage for individual businesses. Individual businesses may be identified on the location sign, but may not exceed 8 square feet Per business. Signage on the location sign identtfytngindividualbusi- nesses shall be deducted from the total allowed for the business in question. Signs for individual tenants may be wall mounted or hanging, but not projecting unless over an interior walkway of the project. The portion of total signage available to each tenant shall be determined by the building or plaza' owner. 5 Illumination. Illumination of signs is permitted, but on y in accordance with the restrictions specified in Section 3-24-279; 6 Reader Boards(Chaneeable Latter Signs). No more than 50% of any given sign face may include a space for changeable letters except as provided for in subsection (a) below Permitted reader board signs shall be of a high quality. and the letters used on such signs shall be of a durable material such as lex. or acrylic plastic. with a minimum thickness of 0.08 inches and a heieht not to exceed 9 inches a The Commission may allow an es lablishment to install a .sien with more than 50% of its face made up bf reader board only upon making the following findines and after followinethe same Procedures as for a Condi- tional Use Permit. (I) That special conditions and circum- stances unique to the type of business, the land, .orslructure, makecompliancewithMCC3-24- 020 (C) 6. an undue hardship. In making its findings, the Commission shall lake into con- sideration the products offered by the establishment and whether the inventory changes on a regular basis. The Commission may use the requirements fora variance(MCC 3-3 ]-010) as a guide in determining whether to grant a request under this section, though the request need not meet all requirements of MCC 3-31-010. I. General.The regulations and speci- fications set forth herein shall apply to Zone (- Industrial District. 2. Size. There shall be permitted in this Zone, for each industrial establishment, one identity sign for each street frontage, each with a maximum area of one square foot for each lineal foot of building street frontage, or one half (112) square foot for each lineal foot of property street frontage whichever is greater. 3. Location.Requirementsshallbethe same as specified for the Commercial districts. 4. Content. Signs shall be identity signs only. 5: ill Gee,. IIL,,,,:,,"t:.,,,.,f.,:g�s icy [tad, Lg;,n aaa,,,J"„ac »a, the,h,b:a Isom .,,,c.:,f J 6t Sca ion, 3-24 7. Section 3. McCall City Code Section 3-24- 030 rupecting temporary signs is amended to read in pertinent part as follows and to add new permitted temporary signs as follows: _ of signs are exempted from ell dna P,... i..:.,,n ' the permit requirements of thisChapler, except fm am.�h,.aG.,n. "nnJ .,"Cott .aKgigthms build- inecode requirements that would be applicable in the absence of this Chanter, but shall be subjectto any standards in this Chapter made expressly applicable to exempt signs and toand the following requirements: (A) Public Signs. Signs of a non-com- mercial nature and in lhepublic interest, erected by or on the order of, a public officer in the performanceof thepublic officer'spublicduty, such as safety signs, danger signs, trespassing signs, traffic -signs control devices, memorial plaques, signs of historical interest, informa- tional signs, and the like. Such informational signs may include directional signs advising persons noon main roads of through routes and the direction to travel to various public build- ings and facilities (B) Institutional. 1., Signs setting forth the name or any simple announcement for any public, chari- table,educational or religious institutionlocated entirely within the premises of that institution up to an area of 24 square fat. . 2. Such signs may be illuminated in accordance with the regulations specified in Section 3-24-7, Signs, Illumination. 3. If building mounted, these signs shall be flat wall signs and shall not project above the roof line.If ground mounted, the top shall be. more than six fat (6') above ground level, except when mounted upon a bona fide gateway at a height to permit vehicles to pass. beneath the sign. (E), BjB) Integral. Names of buildings, dates of erection, monumental citations, commemo- rative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type constmetion, and made an integral part of the structure. (D)LC] Private Traffic Direction. Signs di- recting lmtfc movement onto a premise or within a premise, such as "in." "'out "and "one- way." not exceeding three square feel in area for each •sien and containing no advertising whatsoever or painted on paved areas, and containing no advertising whatsoever: are Per- mitted Such signs may be illuminated in accordance with the regulations specified iq Section 3-24-070. I. Signs directing traffic movement onto a premise or within apremise, not exceed- ing three square feet in area for each sign. 2. Such signs may be illuminated in accordance with the regulations specified in Section 3-24-070, Signs, Illumination. 3. Horizontal directional signs on and flush with paved areas are exempt from these standards. (E)I.D.) Small Signs. Onesign perbusiness, not exceeding two square feet in area, attached flat against the building, stationary and not illuminated, announcing only the name and occupation of building tenant. (FILE.) Rental Signs. Signs on thepremises announcing rooms for rent, table -board, apart- ment or house for rent, and not exceeding four square feet in area. (GEE) Vehicles. Signs m,a, motor vehicles or the trailer part of a tractor-trailer-oFmry kind, :s ya:.n..J o, u . P,,,rha. cn,J., .,f the .alJalh or on a vehicle generally not visible from the public streets except while being used on the public streets, provided that' L Registered. The motor vehicle or trailer must be currently registered with the relevant motor vehicle authorities and be cur- rently. regularly. and principally used 'for a transportation purpose other than display of such sien. Signs which would otherwise be mounted on a building or in a freestanding frame may not be placed vertically on the roof hood. or trunk of a car, nor in the bed nor on the can of a truck. unless beineused totransport the sign to a permanent location. 2, located. The vehicle's location when not muse.. the public streets must be consistent with the most logical imolementa- non-ormeprineinafuseof the vehicle: and 3, Not Actually Used as a Sign. A vehicle shall not be parked such that the princi- pal puroose of the vehicle. while narked. is that of a sign This subsection (F) shall be construed so as to prevent the use of vehicles for a sign except under the foregoing circumstances. • eclion 5. McCall City Code Section 3-24- 050 respecting nonconforming signs, is amended to read as follows: 3-24-050 NON -CONFORMING SIGNS. Where a lawful sien existed on the effective dateof thearmlicableregulations. that could not be lawfully installed under the terms PRvment regulations such sign mavbeconlin- ued so longs as it remains otherwise lawful subject to the olllowine provisions• (A) Signs existing on March 24, 1994 and not conforming may be continued for a period of three years from the date of their construction or 18 months from March 24, consist of balloons, banners flags posten pennants, ribbons, streamers, strings of ligt bulbs, spinners or other similarly moving de vices. "Banner" for such purposes means piece of plastic, paper or cloth, commonly in long strip. but no matter of what dimension, bearing upon it one or more or some combing lion of designs: mottoes. slogans, name. advertisements. greetings or the like Thes devices when not pan of any sign, aresimilarl prohibited. United States or Idaho flags, an the flags of other states or nations are pemdi ted, and if displayed shall be displayed -wit "yknap,:,.ta 0..,,,...r in accord with the role stated in Title 36. United States Code.Section 173 through 176. Sineleflags(forexample.nc strung together on a line or rope), decorative i nature and without adverti sine or leuerineat permitted 2, The Administrator may, after cot suit ation with interested communil organizations, propose to the Commission stet dards for etherbanneis flags or other strati holiday decorations which the Administmb believes should be permitted,-and-trilpr approval of those standards by the COMM sion, and approval by Council by resolutic With or without public hearing as Council 1hi determines appropriate, banners. OTgs, m street and holiday decorations mating tho standards shall be permitted. Pending adoptit of such standards the following are permittt unless the Administrator determines that a vi lotion of the intent of this subsection I ) 'occurring; landscape lighting; strings of sm; clear bulbs in trees; and holiday decoratio and like seasonal decorative lighting L 1 ell Ay. Ad ' ' het d..t...,,,:,,.., tl,at a .;,,IgG..n, ..'the L,t., t of d (G) Signs that swing or otherwise n ticeably move as a result of wind pressure it fashion which may distract or and cause danger to the public. (H) Billboards as defined in Chapter Definitions. I Portable "Reader board", A -fret or other temporary signs not permitted by n tion 3-24-020 (C) 6 or Section 3-24-0: "Portable" means net permanently mount eithertoabuilding orth mound. Signsmoum to the ground must meet the requirements of building inspector with reference to the bui ing codes then in effect by the Ci y of McC and Area of City Impact. (J) Signs mounted in or on a me chicle in kaJ „n,"ttanJhJ otl,a, tl,.., at I ofh,o»,,..,:a.ch:ala.,Lgli lRd real.. o, a rang a,..a, da aw thhap,a,,;,,,a., .rh parked not authorized by 3-24-040 (G). Hi) In the Impact Area, any other s which is prohibited by County ordinan whether ornot such County ordinance is oti wise applicable to the Plan nin e Jurisdictio LEl Anv sien erected without a pi permit after the date of applicable regulatic and any sign required to be removed un Section 3-24-050 Section 7. McCall City Code Section 3- 070 respecting illuminated signs, is amende read as follows: 3-24-070. ILLUMINATION. The fol h ingrules apply to all illuminated signs: nott in this section shall be taken to authorize a • not authorized in another section under Chapter (A) The light from or directed at sign shall be so shaded, shielded or direr that the light intensity or brightness will no reasonablyobjeclionable to persons in the. rounding areas. (B) No light associated with asigns have -blinking: flashmr otge or fit f:Klte.,,eda.,:h,,,,,,, ,r,brightnesse Beacon lights are not permitted. (C) No colored lights shall be use any loc.. or in any manner that conic confused with a traffic control device. (D) Neitherlhedirecl, norreflectedl s,shall tend roue _ a milk hazard to operators of motor vehir on public thoroughfares. (E) Noa»pmaJ Source of Morainal ]:Chi b,a"..Jasha„t 1g,nP� »IJhh e,gl"h.hls JIS »..its shall bbeuse deo.n ..lad... any sign so as to expose face of the source of illumination bulb, ligt fmnp-to any person drivine or walking < public street or adjacent property. (F) "Reader boards', i.e. sik movable lettering, may be attached t.. ,. ings, and may be illuminated,but must ma sign area requirements. Section 8. McCall City Code Section 3 080 respecting pennitsforsigns, is amen& read as follows: 3-24-080. PERMITS AND FEES. (A) Permit Requirements. I. No sign thane temporary sign provided for in Scene 24-030oran exempt �edro' idedferrd nrin fiSec i (A)� General Standards Applicable to All Zones. 1. The following sign standards by zone are intended to include every zone in the Planning Jurisdiction. Thezones are as defined by this Title. Only signs as -described in this Section. or Irt,•.:g a„J ,,.aa b. J.a.,:6,.JlIl underSection 3-24-030, Temporary Signs,pr Trend Section 3-24-040, Exemptions, wili-be m_permitted in each particular zone. The area of a sign shall be computed by adding up the square footage of the one, both or all planes of it having words or graphics visible to the pub- lic. If a sign includes silhouette designs or letters, whether cut out of the interior of a background, or projecting beyond the edges of a background, or free-standing, the area of the sign shall be computed to include the square - footage of a rectangle that would enclose such designs. For example, should align Bat against building that is three fret on a side (9 square feet) have a silhouette of a pine tree s:ll,uu..tt„ attached to and extending above it, suchtxe silhouette being one fool wide at the widest and 2 feet tall, then the one foot by two foot rect- angle which could enclose that -tree silhouette shall be added to the 9 square feet of the rest of the sign of which it is a part for a total of 11 square feet, notwithstanding that some of that area in fact includes air around the treea ou- ette. 2. If any zone is omitted from this Chapter, or if a new zone is created after March 24, 1994, no signs shall be permitted therein until this Chapter Shall be amended to include this zone. (B) Standards Applicable to Residen- dal Zones. §. Signs in residential zones for Busi- pesses with Conditional Use Permitsoraisligg As a Nonconforming Use. The maximum sign Area for businesses operating under a condi- tional use permit or as a nonconforming use shall not exceed 24 square feel. Such signs shall meet all other reauirements .set forth in MCC 3-24-020 (C) A more restrictive condi- tion in the approval of a conditionaLuse shall govem over this Paragraph as to that condi- tional use (C) Standards Applicable to Commer- cial ,Sr Industrial Zones. I. General.Theregulations andspeci- fications set forth herein in this subsgtion (Cl shall apply to Zone C- Commercial District, Zone GC- General Commercial District, and Zone CB- Central Business District and Zone I -Industrial 3. Location. (a) Signs may be flat wall signs and located anywhere on the surface of the build- ing: (b) Signs may be projecting signs only wh,.,•. u„J.., th.. appG,.abl. aud...� building -setback in the CB Zones andthen may project six feet (6') or less beyond the street property line, but no closer than two feet (2') to a curb tine or other edge of the roadway where there is no curb, and must have a minimum clearance of eight feet (8') above J. ::.-._ and a public sidewalk_or nine feel above a walking path where there is not vet a sidewalk. and 15 feet above driveways or alleys. (c) When a projecting sign is closer than 12 feet to a comer of the property, its projection shall be no more than a distance equal to 1/2 the horizontal distance from the sign to that comer. (d) Where abuilding does not cover the ,na "t .ueua o p.., ,,;tt.d,Lat:a dL.l•.,.,.>u:c Gug> aN...:GcJ :,• Seal... 3-24-7. Section McCall City Code Section 3-24- 030 respecting temporary signs is amended to read in pertinent part as follows and to add new permitted temporary signs as follows: 3-24-030. TEMPORARY SIGNS. The following signs shall be permitted anywhere within the Planning Jurisdiction and shall not require a permit: (B) Real Estate Signs. I.. Signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed: a. For properties of one five contigu- ous acres or less, the total area of the signage shall not exceed$re 5 square feet-(5) on one face. A double sided sign may have a total sign surface of 10 square feel. b. For properties of o.,,•.vu. five to te=rnntiguous acres lit Ls. th.,, a•.,s, the total area of the signage shall not exceed 16 square feet per face; c. For properties over 10 contiguous acres, the total area of the signage shall not exceed 32 square feet per face d. For properties facing the lake front, the total area of the signage shall not exceed 16 square feet per face. 2. Such signs shall be removed within seven days after the sale, rental or lease is documented and closed. 3. "Open House' signs shall not ex- ceed six square feet in total area epe rflouse .m al,, .J t,.. plate. tl,a„ tl,.. N•py.rty u(f is pl.....J. Open House signs shall be removed upon completion of the "open house' but in no event shall the sign beln placed longer than 44 48 hours. 4. Illuminated, reflective and day-glo type materials shall not be permitted on anyreal estate signs. 5. Signs shall be maintained in good repair. 6. Real Estatesigns shall not beplaced w't i -upon or extend over public rights of way. - (E) Show Window Signs. Show win- dow signs in a window display of merchandise when incorporated with such a display. They need not be related in content with the display, but unsightly clutter of signs shall be avoided A sign or signs shall be deemed an unsightly clutter if it or they obscure more than 25% of any one window Souare footage of show window siens shall not be included in the overall allowable snuare footage of external signs, j t New Business Signs, With prior' written notice to the Administrator and the' Code enforcement officer. with their written roncurrence that the business is new, and upon payment of a fee set by Council from time to time by resolution. a new business may display a temporary sign for not more than a total of 16 consecutive days to a nnounceitsopenine.which Sign shall be on the premises where the busi- ness is located. -Such a sign is in addition to the permanent sign and shall not be larger than a signpermitted to the business Section 4. McCall City Code Section 3-24- 040respecting exempt signs isamended toread in pertinent part as follows: 3-24-040. EXEMPTIONS FROM PER- MIT REOUIREMENTS The followingtypes of current regulations. such sign may becontin- ued so longs as it remains otherwise lawful subiect to the following provisions (A) Signs existing on March 24, 1994 and not conforming may be continued for a period of three years from the date of their construction or 18 months from March 24, 1994, whichever is longer, if properly repaired and maintained as provided in this Code and are in conformance with other ordinances of the City. At the end of this period they shall be removed. Both the owner and the occupant of the property are responsible for removal. (B) Any sign in violation of Section 3- 24-060, Prohibited Signs, shall be removed, altered or repaired in accordance with the pro- visions of this Tifle within 60 days after March 24, 1994. (C) Non -conforming signs 'which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this Code. (D) Any sign in violation of Section 3- 24-030, Temporary Signs, shall be removed, altered or repaired within 30 days after March 24, 1994. (E) Non -Conforming Uses. Signage associated with any nonconforming building or land use shall, nevertheless, comply with all the provisions of this Chapter applicable to the zone in which the nonconforrmng building or use would be conforming. If there is more than one such zone, the most restrictive regulations among those of the two or more other zones shall apply. (F) E,th.....•.•,ta,:s,,:>,,..t,,.,,•.....JLy 5.24100. (A) No such nonconforminesign may be enlarged or altered other than, changing coov. in a wav which increases its nonconfor- mity but any sign may be altered to brined into conformity (B) Should such nonconforming sign or nonconforming_ portion of sign be dammed to an extent or require maintenance that would cost more than 50%of the sign's replacement cost at the time of the damage or maintenance it shall not be maintained or repaired but shall be removed o reconstructed in conformity with the Provisions of this title (C) Should such nonconforming sign be moved for anv reason for any distance what- soever. it shall thereafter conform to the then current regulations Section 6. McCall City Code Section 3-24- 060 respecting prohibited signs, is amended to read as follows: 3-24-060. PROHIBITED SIGNS. The fol- lowing signs are prohibited: (A) Signsthatconlainstatements,words or pictures of an obscene or racist character. (B) Signs that contain or are an imita- tion of an official traffic sign or signal or contain the words "stop",':go slow', "caution", "danger", "warning', or similar words. (C) Signs that are of a size, location, movement, content, coloring or manner of illu- mination which may be confused with or construed as a traffic control device, or hide from view any traffic or street sign or signal. (D) Signs thatadvertise an activity,busi- ness, product or service not conducted, or no longer conducted, on the premises upon which the sign is located, (E) Signs that have amoving part which is a major attraction of the sign or constitutes more than 10% of the sign area. (F) 1, Signs that inc ud ....ata6r or 080 respecting permits for signs, is amended io , read as follows: 3-24-080. PERMITS AND FEES. (A) Permit Requirements. I. No sign-i ,,:s ither • I. thane temporary signprovided forin Section 3- 24-030 or an ex empt s ign o rovi ded for i n Seet i op 3 24-040 shall be erected, altered or relocated without a sign permit issued by the Building Inspector. A sign Permit may be applied for on the form for a building permit. If a building' permit as Such is required for the sign, such t building permit will serve also as the sign permit 2. Electrical permits, when required, shall be obtained at the same time as the sign permit. - ,- (B) Applications and conformance of construction to application. 1 The permit application shall con- tain the street address where the proposed si¢n will beinsta a Ia,aGu•. of di, the name and address of the sign owner and of the sign erector, drawings showing the precis4 dimensions. colors. materials. designand Iota- �l tion of the sign and of any related support for the sign, and such other pertinent information as theAdministralor or the Building Inspector•' beiidingoffreial mayrequire toinsure compli- ance with the McCall City Code. I 2. Nothing shall be installed as part of I or in association with a permitted sign that was � pot shown on the application for the pert^.'-`9l1 ,y the same. except incidental fittings and.tg• {! tions.Jn thisregard, nothing shall becon„PcS1 incidental that would be apparent when viewed from a Property line of the property on which the sgn is erected 3, If construction at or near a setback ' lineor Possibly inside a setback or off premises cannot be ruled out in the opinion of the Ad- ' . ministrator or the Building Inspector, an actual survey must be submitted The survey shall be an as -built survey of the location suffic+ent tit eliminate all doubt about build ingsize and the location of existing and proposed improve- ments with respect toeachotherandthese[back' ) lines. Such a sign with aproposed size close to I the maximum Permitted, must be submitted to the Building Inspector for measurement prior to installation 4 No sign permit is valid for the erec- tion of any sign other than the one described ih the application. The erection of a sign differing from the sign represented in the application,' constitutes erection of a sign without a Permit: and the sign is subject to immediate seizure 1 And/or masking (C) Fees. Fees for sign permits shall be as fixed from time to time by the Council. ' ' (D) Nu1Gfcae.JExpimtion of Permits. A sign permit shall become null and void if the f work for which the permit was issued has not begun within a period of 120days from the dale ; of the permit and is not thereafter diligently pursued to completion. (E) Permit Exceptions. The following operations shall not be considered as creating a sign and therefore, shall not require a sign permit. All other signs require a permit. Any 1 action with a nonconforming sign must also • comply with MCC 3-24-050 1 j J. Replacing Copy. Chang;. ,_:S / words or numbers on a permitted conforming sign to words or numbers themselves not cans-. ' ing the sign to become unpermitted or nonconforming. and repair. maintenance: or replacement without design change of a sign (Continued on Page 0) f UBL:IC ur,tic, ofs chs;gn,orofth..Lt;ld;ng,strn'.,t.,,.. The Building Inspector may remove a sign immediately and without notice if, in the Build- ing Inspeetor's opinion, the condition of the sign is subh as to present an immediate threat to the safety of the public. if the sign was llleg611y,erected prior to the date of this ordinance on private property, it shall be dealt with under the pro- cesses of paragraph 1. immediately above; 1 If the sign was erected illegally ' after the date of this ordinance, that is, without . either or both of building or sign permit and of Administrator or Commission approval, or if the owner has failed to respond to notice as above, or if there is no known address for the known Owner in the utility records of the a sign in violation of this Chapter may be Seofoved and impounded as evidence by a law (Continued from- Page 12) which has a permit or is otherwise conforming, shall not be considered as creating a sign. Changing the text on a legally existing "reader board" shall not require a permit. Owners are encouraged to contact the Administrator to discuss whether or not contemplated changes are lawful without a permit. Replacing Copy. The changing of the ad- rtising copy of message on an approved painted or printed sign or on a theater marquee and similar ap-proved signs' which are specifi- cally designed for the use of replaceable copy. 2. Maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made. 3. Temporary Signs. Signs indicated in Section 3-24-030, Temporary Signs, and 3- 24-040, Exemptions are also exempt from permit requirements. Section 9. McCall City Code Section 3-24- 100 respecting removal of illegal signs, is .amended to read as follows: 3-24-100. INSPECTION, SAFETY, REMOVAL OF PROHIBITED OR OTHERWISE ILLEGAL SIGNS, SAFETY )MPOUNDING, FORFEITURE • (A) . Maintenance. All signs and compo- nents thereof shall be kept in good repair and safe, neat, clean and attractive condition. As provided in this Chapter, no new sign may be erected without permit and approvals. (B) Removal of Sign. 1. Any sign legally erected which comes to be in violation of this Chapter by reason of casualty or failure to comply with paragraph (A) of this section above, shall be repaired or replaced expeditiously. If repair or replacement is not undertaken within 7 days, and pursued with due diligence:the Adminis- trator shall state so in a written decision; and notice shall be sent to the last known address of • 'the last known owner in the utility records of the City, if there is any such address there, and posted upon the sign itself. An appeal may be tp' - by the owner to the Commission as from lecisions ofthe Administrator. Thebtrild- h.p. ..acted o, mait,tairLd ;n violation of this T;d i enforcement or code enforcement officer. 4. A temporary sign erected within the public rights of way may be impounded upon discovery as evidence by a law enforce- ment or code enforcement officer. 5. A sign owner who re -offends, that is, who after warning or prosecution removes an illegal sign, but who then puts the same or another functionally similar illegal sign up in the same or any other location, the sign in violation of this Chapter may be removed and impounded as evidence by a law enforcement or code enforcement officer. (C) Abandoned Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the busi- ness which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it within ten days After closingor mov- ing the business, the Administrator, Building Inspector, a law enforcement officer, or a code enforcement officer may stall s;v., to l..aaw 15 Jaya w„ttcn uui,w to Iemove It Or cause it to be removed at the expense of the last owner of the same Uyoa th. ;rR fusal o, fa;lu,. ttl, V; a ..laly 4Iltl,V,;La. l..tll..Jb„tat; V.. may' the s,g„ al cost to tilt- ow„cr. (D) Impounded Signs. An impounded sign may be retained by the City until comple- tion of any criminal prosecution or other court proceedings respecting the erection or mainte- nance of the sign; if an owner has re -offended after having been convicted of a violation in putting up a sign, and the new offense involves the same sign or a sign which in pertinent aspect(s) is a like sign, is forfeited to the City and subject to disposal as deemed appropriate by the City Manager. Section 10. McCall City Code Section 3- 16-030 respecting signs in the Scenic Route District, is amended to read as follows to con- form to the preceding sections: 3-16-030. REQUIREMENTS FOR DE- VELOPMENT. Prior to the issuance of a building permit, other than for a sign, and prior to any clearing, grubbing, excavation, or other construction, the owner shall apply for ap- proval of a site plan. Procedures for the processing of the application shall be governed by the procedural rules set out in. subsection (G) below. No building permit shall be issued, nor any such construction undertaken, until ap- proval of the site plan. (G) If the construction relates to a new . commercial or industrial building, or the en- largement of anexisting such building by 30% or more; or to a new residential building of 5,000 square feet or more,.or,covering more than 30% Tiff the -lot on which iuccted, erla an' enlargement of an existing residential buildirg which is (or as a result of the enlargement will ' be) larger than that; the procedure followed shall be identical to that for a conditional use. If the,construction relates to a s;g,,, I.,, cases notspecifically addressed in this Section th p,cc, ding s. „ t.,„c.., the procedure shall be to submit the matter to the Commissioh for review without public hearing or notice other than agenda notice. No approval by Council is required in either case unless there is an appeal to Council from the decision of the Commis- sion. If the construction relates to the modifies tion of an existing, previously approved sigr the procedure shall be to submit it to the Ad ministrator for review. Approval is required any event. Section 11. McCall City Code Section 3-4 010 respecting definitions of terms container in the McCall City Zoning Code is amended a follows: 3-4-020. MEANING OF TERMS OF WORDS 114. Sign - Any device designed to in form or attract the attention of persons not or the premises on which the sign is located. a. Sign, On -Premises - Any sign call- ing attention to a business or professior conducted, or a commodity or service sold or offered, upon the premises where such sign is located. b.. Sign, Off -Premises -Any other sign. c. Sign,Illuminated-Any sign illumi- nated by electricity, gas or other artificial light including reflecting or phosphorescent light. d. Sign, Lighting Device - Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign. e Sign, Projecting - Any sign which projects from the exterior of a building. f S ign, Reader Board— Any sign with moveable lettering. Section 12. This Ordinance shall be in full force and effect within the City of McCall from and after its passage, approval and publication as required by law; and within the Area of City Impact, from and after the later of its passage, approval and publication as required by law by the the City, or the passage, approval and publication as required by law of an ordinance of the County applying this ordinance to the Area of City Impact. Sign Amendments- Prepared for. Public Hearing before City Council & County Com- missioners on July 6, 1999. Note: Underlined text is proposed to be added, Seik,.th,ot,gl, t.,xt is proposed .to be deleted. Kirk L. Eimers, Mayor ATTEST: Cherry Woodbury, City Clerk ltc6/17 t 't ft f