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CHAPTER 34 Title 10 Sign Code Page 1 of 8 SIGN CODE REVISED 05-18-2023 CHAPTER 34 SIGN CODE SECTION: 10-34-1: Purpose 10-34-2: Enforcement 10-34-3: Sign Permit Required 10-34-4: Noise Signs Prohibited 10-34-5: Non-Conforming Signs 10-34-6: Signs in Public Rights of Way 10-34-7: Sign on Private Property 10-34-8: Setback for Signs 10-34-9: Sign Height 10-34-10: Exempt Signs 10-34-11: Prohibited Signs 10-34-12: Billboard Signs 10-34-13: Temporary/Portable Signs 10-34-14: REPEALED 10-34-15: REPEALED 10-34-16: REPEALED 10-34-17: Advertising Signs in Residential Zones 10-34-18: Development Identification Signs 10-34-19: Commercial Development Signs 10-34-20: Electronic Message Signs 10-34-21: Violations and Penalties 10-34-1: PURPOSE: The City of Ammon has determined that it is necessary to regulate the placement, construction, type and location of signs within the city limits of Ammon. By this code the City shall limit and/or reduce the visual clutter along City streets, to protect the appearance, property values, the driving public and health and safety of the City and its residents. 10-34-2: ENFORCEMENT: The Building Department and the Planning Department shall be responsible for administration of the sign code. The City Enforcement Officer shall be responsible for enforcement of the sign code. A permit review will be conducted by the Planning Department for all application for sign permits, which shall include review of setbacks and placement. The Building Department shall review construction plans and inspect for correct setbacks and placement. 10-34-3: SIGN PERMIT REQUIRED: A sign permit shall be purchased from the City for any sign to be erected, constructed or altered except as provided for by this Code. All signs shall meet the requirements of the zone in which they are being placed. Any sign constructed without a permit after the enactment date of this code shall be removed at the property owner’s expense unless an application for a sign permit is submitted and the application is found to be in compliance with this code. Any sign constructed without a permit after the enactment date of this code that is found to be out of compliance shall be removed at the property owner’s expense or brought into compliance. Page 2 of 8 SIGN CODE REVISED 05-18-2023 10-34-4: NOISE SIGNS PROHIBITED: No sign shall be permitted in the City of Ammon that uses any radio, amplifier or any other sound transmitting device for the purpose of advertising. 10-34-5: NON-CONFORMING SIGNS: Any permanent sign in existence on the enactment date of this Code that does not conform to the provisions of the Code but that was constructed prior to the enactment date and was in conformity with provisions existing at the time of construction shall be regarded as non-conforming and may be continued from the effective date of this Code. Any such non-conforming sign shall not be structurally altered, relocated or replaced without being brought into compliance with the provisions of this Code. Further, any change in zone shall be permitted only in those circumstances where the sign meets the requested new zone. 10-34-6: SIGNS IN PUBLIC RIGHTS OF WAY: No sign of any kind shall be erected within the public right of way, unless specifically authorized by this chapter. Any sign that may be authorized to be placed within the right of way as part of this chapter shall not be placed in such a manner as to obstruct free and clear vision of users of the right of way, or have colors or patterns which interfere, obscure or conflict with any authorized traffic sign, signal or traffic control device. (A) It shall be unlawful for any person to fasten or attach, paint or place any sign, handbill, poster advertisement or notice of any kind upon any lamp post, telephone, power or other utility pole, fire hydrant, bridge, street, curb, gutter, swale, sidewalk or landscaping within or otherwise on the property of the City of Ammon. 1. “Right of way area”, which for the purposes of this chapter, shall be defined as follows: Improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public’s use, or future public property planned for future public use, for the purpose of providing vehicular, pedestrian and other public use and includes the land between the right of way lines whether improved or unimproved and comprises the following, at a minimum: pavement, shoulders, curbs, gutters, sidewalks, parking areas, lawns and ground located between the curb and detached sidewalks. 2. Any sign, in any zoning district, placed illegally within a public right of way or site triangle area, (as described in section 10-5-8) is subject to immediate removal and impoundment by city staff without notification. Impounded signs may be picked up by the owner within fifteen (15) days from date of removal by paying a sign pick up fee, as established by the current fee resolution. After fifteen (15) days, the Enforcement Officer shall be authorized to destroy the sign in the best manner possible. 10-34-7: SIGNS ON PRIVATE PROPERTY: No sign shall be placed on private property without the permission of the owner of the property. 10-34-8: SETBACKS FOR SIGNS IN THE REQUIRED LANDSCAPING OF COMMERCIAL DEVELOPMENTS: (A) A sign placed in a required thirty (30.0) foot landscape strip shall be placed so that the sign edge and post closest to the property line shall be setback a minimum of fifteen (15.0) feet from the property line. (B) A sign placed in a required (or grandfathered) fifteen (15.0) foot landscape strip which has an existing sidewalk as part of the road right of way, shall be placed Page 3 of 8 SIGN CODE REVISED 05-18-2023 so that the sign edge or post closest to the property line shall be setback a minimum of seven and one half (7-1/2) feet from the property line. (C) Placement of a sign in a required (or grandfathered) fifteen (15.0) foot landscape strip which does not have an existing sidewalk as part of the road right of way shall be setback a minimum of twelve and one half (12-1/2) feet from the property line. (D) No sign shall be installed closer than a minimum distance of seven and one-half (7-1/2) feet from the property line or twelve and one-half (12-1/2) feet from the edge of the road pavement, whichever is greater. (E) The triangle of land formed on any corner lot by locating the first point of the triangle where the two lot lines would intersect if each continued straight instead of curving around the corner, with the other two points located on each lot line at a distance of thirty (30.0) feet from said intersection shall be free from signs or sign structures, except as otherwise permitted in this code (See 10-5-8) 10-34-9: SIGN HEIGHTS: (A) No sign attached to a pole shall be lower than seven (7) feet above the ground. (B) No sign shall exceed a total height of fifty (50) feet above the adjacent grade. (C) Signs less than fifteen (15) feet from any lot line adjacent to a public or semi- public street or vehicular easement can be no greater than three (3) feet in height. 10-34-10: EXEMPT SIGNS: The following signs shall be exempt from the sign permit requirement. Temporary/portable signs, signs less than two hundred and twenty (220) square inches mounted on buildings, signs erected in the public right of way by a public agency, however all signs above three (3) feet in height from ground level, and all pole signs where any part of the sign is less than seven (7) feet above ground level, must meet the setback requirements within this code. As the person responsible for enforcement of this code, the Enforcement Officer shall be responsible for the enforcement of this code and may remove such signs without notification to the sign owners. 10-34-11: PROHIBITED SIGNS: The following signs shall be prohibited within the City of Ammon: (A) Signs placed in or affixed to vehicles and/or trailers that are parked so as to be visible from a public right of way where the apparent purpose is to sell said vehicle, advertise a product, service or activity or direct people to a business or activity. (B) Flashing, or animated signs. (Flat screen electronic message boards displaying static or moving text and/or graphics shall not be construed to be an animated sign). (C) Unless specifically authorized by this chapter no off premise sign shall be allowed within the City. 10-34-12: BILLBOARD SIGNS: It is the purpose and intent of this section to limit/cap the number of billboards to the total number of currently existing and/or approved billboards. This Page 4 of 8 SIGN CODE REVISED 05-18-2023 section further provides for the reasonable regulation of billboards with the intent of limiting negative impacts, provide for future planning, enhancing the aesthetics of existing billboards and implementing goals and policies promoting safety, the protection of property values, aesthetics and views and vistas that enhance the City. NOTE: For the purpose of this code a billboard shall be defined as follows: A business sign which directs the attention of the public to a business, activity or product sold or offered at a location not on the same premises where such business sign is located. Signs which are located within a development platted and/or master planned and combine businesses located in said development would not apply to the billboard definition. (A) The number of billboards allowed in the City shall be limited to the number of billboards (four [4]) that existed or were approved in the city as of September 3, 2008. (B) In recognizing that as of August 21, 2008, there existed four (4) existing or approved billboards within the City, said billboards shall be grandfathered. Prior to the passage of this section billboards were allowed within the City of Ammon with a conditional use permit, beginning in the HC-1 zone within the area of properties fronting on 25th East, beginning at Lincoln Road and ending at Township Road. All placement of billboards were required to follow the following setback and landscaping regulations which shall continue to remain in effect for all grandfathered billboards: 1. There shall be a minimum of seven hundred fifty (750) feet between all billboards 2. Each billboard shall be setback a minimum distance of thirty (30) feet from any public street right of way or from any granted easement of access, except as herein provided and required under the provisions of this section. 3. Each billboard shall be landscaped with the following requirements: a. There shall be landscaping installed and maintained in front of and behind the billboard a distance of no less than the width of the billboard. IE: if a billboard is 24’ in width there shall be landscaping installed 24’ in front of the billboard and 24’ in back of the billboard for a total landscape area of 54’ X 48’. b. Said landscaping shall be harmonious with the adjacent/surrounding area. In the case of a lot that has no development adjacent/surrounding the billboard the natural landscaping shall be considered harmonious until such time as the adjacent/surrounding area is developed. At that time the billboard, as a condition of the conditional use permit, shall then be landscaped to be harmonious with the adjacent/surrounding property landscaping. c. Any billboard existing as of the effective date of this section not in compliance with this section shall be grandfathered until such time the property has a final plat approval. At that time the Page 5 of 8 SIGN CODE REVISED 05-18-2023 billboard shall be brought into compliance with this section or shall be removed. (C) Additional regulations on existing/approved billboards: 1. No increase in size of any existing/approved billboard shall be allowed. 2. No conversion to message changing or electronic message billboard shall be allowed. 3. Repair or Reconstruction of Billboards: Should any billboard be damaged by acts of God, weather, unintentional harm or negligence or should any billboard deteriorate due to failure to properly maintain or ordinary wear and tear, said billboard to the point that the cost of repair is greater than fifty (50) percent of its current fair market value, the City shall not grant any permits for the repair or reconstruction of the sign. Repair shall be only the maintenance of the existing structure not the replacement of any structural component. This prohibition does not apply to signs damaged by vandalism or other criminal acts. a. No increase in height for any repaired or reconstructed billboard shall be allowed. b. No change of lighting which shall increase the lighting from the previously existing lighting on a repaired or reconstructed billboard shall be allowed. 4. Lighting: No Lighting shall be allowed between the hours of 11:00 p.m. and 6:00 a.m.; said lighting shall not contain a fixture(s) with bulbs brighter than a single 250-watt halogen bulb on each side. Lighting shall be confined to the sign face and shall not illuminate the night sky. 5. No modification of an existing billboard other than the normal upkeep and maintenance and advertising changes shall be allowed, including but not limited to items C-3-a and b above. 10-34-13: TEMPORARY/PORTABLE SIGNS: For the purpose of this code a portable sign shall be defined as any sign not permanently attached to a permanent structure. Requirements and regulations for temporary signs apply to all zones within the city. Temporary signs shall be regulated as follows: (A) Types: Temporary signs shall be limited to the following: Banners, portable signs, A- frame signs, inflatable signs, and wind driven signs. (B) Illumination: Temporary signs shall not be illuminated. (C) Height: All signs above three (3) feet in height from ground level must meet the setback requirements within this code pertaining clear view of intersecting streets and ways, section 10-5-8 of this code. Page 6 of 8 SIGN CODE REVISED 05-18-2023 (D) Right Of Way Areas: Temporary signs are not allowed in any right of way area and are subject to removal and disposal by city staff. (E) Banner signs shall comply with the following provisions in addition to all other provisions for temporary signs: (F) Temporary Sign Placement: 1. Banner signs must be maintained in a neat, clean, repaired condition. 2. Banner signs that are tattered, torn or in disrepair or allowed to blow freely shall not be allowed under any circumstances and shall be removed immediately. 3. One (1) temporary sign is allowed per business. Temporary signs shall be placed on the property of the business which is being advertised. No temporary sign as defined in this section shall be permitted to be placed off premise. 4. Temporary signs shall not be placed at locations which impede the vision or travel of vehicular traffic or pedestrian traffic (See section 10-5-8 of the City Code). 5. Any temporary sign placed illegally may be removed by the City Enforcement Officer without notification. 6. Areas within residential zones where placement is in the area between the curb or swale area and a detached sidewalk with permission of homeowner and sign is no taller than 3 feet. 7. In residential areas that have no curb, sidewalk or designated swale area, temporary signs shall be set back a minimum of fifteen (15) feet from the edge of road asphalt. (G) Removal of Temporary/Portable Signs: At the time of removal of any temporary or portable sign all devices and equipment used to fasten or position the sign in place shall be removed. This shall include but not be limited to posts and holders located above grade. 1. Signs advertising a one-time event shall be removed within forty-eight (48) hours of the event 10-34-14: REPEALED 10-34-15: REPEALED 10-34-16: REPEALED 10-34-17: ADVERTISING SIGNS IN RESIDENTIAL ZONES: Signs advertising an allowed and licensed home occupation within a residential zone and on the property of the Page 7 of 8 SIGN CODE REVISED 05-18-2023 allowed home occupation shall not exceed the size allowed in the Home Occupation Licensing Chapter of the City Code 4-13-9-(E). 10-34-18: DEVELOPMENT IDENTIFICATION SIGNS: A residential development shall be allowed entrance signs showing the name of the development within private property. Signs must be placed within a lot dedicated for the sign or within a sign easement. All permanent signs shall comply with the requirements of this chapter and shall be required to obtain a permit and comply with all requirements of the adopted building codes. A developing subdivision is permitted one (1) temporary sign per street frontage in the street landscape buffer area/common lot to advertise the subdivision or development as a whole. The sign size shall not exceed a total of forty (40) square feet and must comply with section 10-5-8 clear view of intersection streets. 10-34-19: COMMERCIAL DEVELOPMENT SIGNS: All development of commercial property within the City shall provide for at least one sign along the adjacent arterial roadway(s) that lists the names and/or logos of the businesses located within the development. No commercial/professional business located within the interior of a development shall be allowed to place a sign off the immediate site that the business is located other than the sign(s) listing the businesses within the development. Developments, buildings and businesses that are located and have legal ownership of the property directly adjacent to the required landscaping strips along the frontage of an arterial shall be allowed to place a sign in the landscape strip providing all setbacks and requirements of this chapter have been met. No commercial development/lot with less than one hundred fifty (150) feet of frontage on an adjacent roadway shall be permitted to install more than one sign on or adjacent to the frontage of the roadway. All required signs used for identification of businesses within a development where title is not held by the development within an association, shall be required to be placed in a permanent sign easement on the property. 10-34-20: ELECTRONIC MESSAGE SIGNS: A. Each message on the sign must be displayed for a minimum of four (4) seconds. B. Each message transition must be accomplished within 0.5 seconds. C. Each electronic message center shall be equipped with a photocell dimmer to automatically dim with changes in ambient light. When requesting a permit for an electronic message center, the applicant shall submit documentation certifying the sign is equipped with a photocell dimmer and the dimmer shall be used at all times the sign is in operation. D. Electronic message boards shall not exceed brightness levels of 6000 NITS during the day, half an hour after sunrise, and shall not exceed 1000 NITS at night, half an hour after sunset. E. One (1) electronic message sign is allowed per commercial development Page 8 of 8 SIGN CODE REVISED 05-18-2023 10-34-21: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis.