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0226 Uniform Sign Code 1981ORDINANCE NO. 226 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ESTABLISHING DESIGN AND CONSTRUCTION STANDARDS FOR SIGNS BY ADOPTING (WITH AMENDMENTS) THE 1979 EDITION OF THE UNIFORM SIGN CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND SETTING FORTH THE AMENDMENTS; SETTING FORTH ADDITIONAL LOCATION, SIZE AND OTHER REQUIREMENTS FOR SIGNS; REPEALING ALL CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY~ AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO. SECTION 1: Design and Construction Standards. (a) Adoption of Uniform Sign Code. Except as amended below, a certain document, three (3) copies of which are on file in the office of the City Clerk, Chubbuck City Offices, being marked and designated as Uniform Sign Code, 1979 Edition, published by International Conference of Building Officials, shall be and is hereby adopted and incorporated by reference herein. (b) Procedure for Adoption of Future Editions. Future editions of said Uniform Sign Code may be adopted, as the same are published from time'to time by the International Conference of Building Officials, by resolution of the Mayor and Council of the City. Such resolution shall identify with particularity the edition of said Uniform Sign Code so adopted and shall recite that it is adopted pursuant to this ordinance. (c) Amendments. Said Uniform Sign Code is hereby amended to read as follows: (1) Section as follows. 103(d) of the Code is amended to read Sec. 103(d). Violations. It shall be unlawful person, firm or corporation to erect, construct, alter, repair, move, improve, remove, convert or equip, use or maintain any sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any provision of this ordinance or of this code. Each day that a sign is allowed to remain, out of compliance with this ordinance or the code may be deemed a separate violation. Any sign which does not conform to this ordinance or the code is for any enlarge, demolish, hereby declared to be a nuisance and may be abated as provided in the Chubbuck Criminal Code as now in effect and as it may hereafter be amended. The City may also seek injunctive relief in a court of competent jurisdiction. In any civil action the City may request and the court may award the City its costs including a reasonable attorney fee. Existing non-conforming signs shall be removed within 120 days after the effective date of this ordinance; provided, that permanent signs lawfully in existence on the effective date of this ordinance may be allowed to remain if within said 120 day period such signs receive design review approval upon applications properly made under the Chubbuck Land Use Ordinance as now in effect and as it may hereafter be amended. Proposals to place or erect signs after the effective date of this ordinance which do not conform to this ordinance or the Uniform Sign Code may be processed in the same manner as applications for variances under the Chubbuck Land Use Ordinance as now in effect and as it may hereafter be amended. (2) Temporary Signs. Section 1401 of the Code is hereby amended to read as follows: Sec. 1401. No temporary sign shall exceed 100 sq. feet in area. Temporary signs of rigid material shall not exceed 32 sq. feet in area, or 6 ft. in height, nor shall any such sign be fastened or affixed to the ground. Temporary signs may remain in place not exceeding 60 days. Provided, however, that temporary signs identifying a specific event or activity shall be erected not earlier than 10 days before the event or activity begins, and removed not later than 5 days after the event or activity has ended. Temporary signs for businesses shall not be replaced by any other temporary sign relating to the same or similar subject matter on the same premises for at least 6 months. Provided, further, that political temporary signs may be erected not earlier than 30 days before the first election in which the candidate or subject of the sign will be considered, and shall be removed not later than 5 days after the date of the last election that year in which the candidate or subject will be considered. Notwithstanding any other provision of this section or of this code, signs with electric lighting that are temporary or designed to be portable are prohibited. Temporary signs in residential areas shall not be lighted, nor illuminated by spot lighting. (3) Local Codes. Wherever the Uniform Sign Code refers to a local electrical code or other local code which has not been adopted by the City of Chubbuck, such reference shall be deemed to be a reference to the applicable code adopted by, or other pertinent provisions of, a statute of the State of Idaho or regulation duly promulgated by an administrative agency of the State of Idaho, as now in effect or as they may hereafter be amended. (d) Filing. Three copies of the 1979 Edition of the Uniform Sign Code, together with three copies of this ordinance and any ordinance adopting further amendments thereto, together with resolutions of the Mayor and Council adopting future editions of the Code, all to be certified by the City Clerk, shall be maintained on file in the Clerk's office for use and examination by the public. SECTION 2: (a) Location and size. (1) Signs advertising premises upon which the sign is located square feet in area, except that in all Additional Location, Size and Other Standards. the sale, lease or rental of shall not exceed twelve (12) residential districts the area of the sign shall not exceed six (6) square feet. (2) On-Dremises wall signs Dertaining to valid non-conforming uses or to conditionally permitted uses in residential areas shall not exceed twelve (12) sq. feet in area. (3) Signs in any residential district denoting the name and address of the occupant(s) of the premises shall not exceed two (2) sq. feet in area. (4) All signs shall conform to applicable side, rear and front yard set-back and height regulations for the land use district in which they are located; provided, however, that temporary signs not exceeding six (6) square feet in area, and signs in residential areas offering homes for sale or lease, and signs in commercial or industrial districts that are integrated into the aesthetic scheme for the set-back and have received design review approval may be located within the rear, side or front yard set-back areas so long as they otherwise comDly with applicable provisions of the Chubbuck Land Use Ordinance, as now in effect and as it may hereafter be amended, and they do not constitute a safety hazard or nuisance. (b) Other requirements. (1) Any illuminated sign or lighting device shall emit a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights; provided, that such restrictions shall not apply to signs performing public service functions indicating time or temperature. No illuminated sign or lighting device shall be placed to permit the beams or illumination therefrom to be directed upon a vehicular or pedestrian way or upon adjacent premises, nor shall it direct any glare or reflection that constitutes a safety hazard or nuisance. (2) No sign shall employ parts or elements which revolve, rotatemore than 6 revolutions per minute, or which whirl, spin or make use of other motion to attract attention. (3) No temporary sign or sign designed to be portable shall be placed on the front or face of any building or upon any premises, except as provided in this ordinance or as provided in the Uniform Sign Code, as now in effect or as they may now hereafter be amended. (4) NO sign other than a temporary sign in place 30 days or less shall contain or consist of banners, posters, pennants, ribbons or streamers. Provided, however, that this -3- subsection shall not prohibit display of the official flags of public entities or community organizations. (5) No sign shall be placed within the bounds of any public right-of-way except publicly owned signs. Signs directing and quidinq traffic and parking on private property, but bearing no advertising matter, shall be permitted on any property consistent with other provisions of this ordinance and of the Uniform Sign Code, as now in effect and as they may hereafter be amended. (6) All permanent signs in commercial and industrial land use districts shall be subject to design review according to the provisions of the Chubbuck Land Use Ordinance as now in effect and as it may hereafter be amended. SECTION 3: Repeal of Conflicting Ordinances. Any Drovision in any prior ordinance which conflicts with the provisions of this ordinance, or of the Uniform Sign Code as herein adopted, and which cannot be construed consistently with this ordinance or said Uniform Sign Code, is hereby repealed to the extent of such conflict. SECTION 4: Severability. If any section, paragraph, clause or provision of this ordinance or of the Uniform Siqn Code as herein adopted, is held invalid by any court of competent jurisdiction, for any reason, such holding shall not affect the validity or enforceability of any of the remaining provisions. SECTION 5: Effective Date. Full hearings and numerous public meetings and readings of prior drafts of this ordinance having been conducted, the rule requiring ordinances to be read on three separate days is hereby dispensed with and this ordinance shall become effective upon its passage, approval and publication as provided by the law. PASSED BY THE COUNCIL AND APPROVED BY THE ~YOR of the City of Chubbuck, Idaho, this 14 day of ~ril , 1981. ATTEST: City Clerk -4- CITY OF CHUBBUCK, IDAHO NOTICE OF ENACTMENT OF ORDINANCE NOTICE IS HEREBY GIVEN THAT: 1. Ordinance No. 226 of the City of Chubbuck, Idaho, was passed by the City Council and approved by the Mayor on the 14th day of April, 1981. 2. The ordinance ordinance. is described as the Chubbuck sign 3. The principal provisions of the ordinance are summarized as follows: AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ESTABLISHING DESIGN AND CONSTRUCTION STANDARDS FOR SIGNS BY ADOPTING (WITH AMENDMENTS) THE 1979 EDITION OF THE UNIFORM SIGN CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND SETTING FORTH THE AMENDMENTS; SETTING FORTH ADDITIONAL LOCATION, SIZE AND OTHER REQUIREMENTS FOR SIGNS; REPEALING ALL CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY~ AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. notice. provided 5. that: The ordinance is effective upon publication of this Criminal misdemeanor penalties and civil remedies are for violations of the ordinance. In addition to the foregoing, special notice is given non-conforming (a) The ordinance provides for removal of any signs within 120 days from the effective date of ordinance, except that existing permanent signs may be retained approved by design review. (b) The ordinance prohibits signs with electric that are temporary or designed to be portable. 6. The full text of this ordinance is available at the Chubbuck City Offices, 5160 Yellowstone Avenue. 7. The foregoing summary is true and complete, and provides adequate notice to the public of the enac~ent~~dinance. Donald L. Burnett, Jr. Chubbuck City Attorney the if lighting