City of Seward, NE Signs

[Amended 11-1-2005 by Ord. No. 53-05; 4-3-2018 by Ord. No. 2018-10; 8-17-2021 by Ord. No. 2021-18; 10-4-2022 by Ord. No. 2022-18]

§ 410-35.1 Purpose.

The sign regulations provide standards for communicating information in the environment of the City of Seward and its jurisdiction. The regulations recognize the need to protect public health, safety, and welfare; to maintain the City's attractive appearance; to provide for adequate business identification, advertising, and communication of information; and to encourage the fair enforcement of sign regulations.

§ 410-35.2 Definitions.

The following definitions shall be used for terms contained in this article that are not otherwise defined in the Seward Municipal Code or in this Unified Land Development Ordinance:

ATTACHED SIGN

A sign that is structurally connected to a building or depends upon that building for support.

AUXILIARY DESIGN ELEMENTS

Terms that describe secondary characteristics of a sign, including its method of illumination and other features within the bounds of its basic shape.

AWNING AND AWNING SIGN

A temporary or movable shelter supported entirely from the exterior wall of a building and composed of nonrigid materials, except for a supporting framework. An awning sign is a message printed on such a shelter.

BANNER

Material with a printed message or graphic secured or mounted on a structure in such a way as to allow wind movement.

BUILDING MARKER

An historic or commemorative plaque; or a building name or cornerstone carved into a masonry surface.

BUSINESS CENTER IDENTIFICATION SIGN

A sign that identifies a building or group of commercial buildings in single ownership or control, sharing parking and access.

CANOPY (OR ARCADE) SIGN

A sign that is attached or made an integral part of a canopy.

CLEARANCE

The distance from the bottom of a sign face elevated above grade and the grade below.

DETACHED SIGN

A sign that is self-supporting and structurally independent from any building.

DIRECTIONAL SIGN

A sign that serves only to designate the location or direction of any area or place.

DOUBLE-FACED SIGN

A sign consisting of no more than two parallel or near-parallel faces supported by a single structure. The angle created by the two faces of a double-faced sign shall not exceed 15°.

ELECTRONIC INFORMATION SIGNS

Signs which use an array of electrically illuminated lights, generally controlled by a computer or other electronic programming device, to display information or supporting graphics.

FLAG SIGN

A sign that is emblazoned on a flag and intended to be displayed in a free- flowing manner.

FLASHING SIGN

A sign that has a lighting source or lighting element that periodically illuminates or is not maintained stationary or constant in intensity and/or color at all times when the sign is in use, usually in a manner so as to draw the attention of the viewer. This definition specifically excludes electronic information signs.

FRONTAGE

The length of a property line of any one premises abutting and parallel to a public street, private way or court.

GROUND SIGN

A detached on-premises sign built on a freestanding frame, mast or pole(s) with a clearance no greater than three feet.

ILLUMINATION

Lighting sources installed for the primary purpose of lighting a specific sign or group of signs.

MARQUEE

A permanent roofed structure attached to and supported by a building and extending over a public right-of-way.

MAXIMUM PERMITTED SIGN AREA

The maximum permitted combined area of all signs allowed on a specific property.

MONUMENT SIGN

An on-premises freestanding sign with the appearance of a solid base.

MOVING SIGN

A sign that conveys its message through rotating, changing or animated elements.

NONCONFORMING SIGN

A sign that was legally erected prior to the adoption of this chapter or any amendment thereto but which violates the regulations of this chapter.

OUTDOOR ADVERTISING SIGN

A panel for the display of information relating to a business, product, event, or other subject of advertising or publicity. Outdoor advertising signs may advertise on-premises or off-premises businesses or products, but are not included in the definition of "premises identification sign." Special regulations or permissions apply to outdoor advertising signs in certain geographic locations within the City of Seward and its jurisdiction.

POLE SIGN

An on-premises sign built on a freestanding frame, mast or pole(s) with a clearance greater than three feet.

PORTABLE SIGN

Any sign supported by frames or posts rigidly attached to bases not permanently attached to the ground or a building and capable of being moved from place to place.

PREMISES

A tract of one or more lots or sites that are contiguous and under common ownership or control.

PREMISES IDENTIFICATION SIGN

A sign which pertains to the use of a premises and which contains information about the owner or operator of that use; the type of business being conducted or the principal brand name of a commodity sold on the premises; and other information relative to the conduct of the use.

PROJECTING SIGN

A sign, other than a wall sign, that is attached to and projects from a building face.

RESIDENTIAL SIGN

A small detached or attached sign located on a residential premises, conveying a message communicated by the owner of the property.

ROOF SIGN

Any sign or part of sign erected upon, against, or directly above a roof or on top of or above the parapet or cornice of a building.

INTEGRAL ROOF SIGNA roof sign positioned between an eave line and the peak or highest point on a roof, substantially parallel to the face of a building.

ABOVE-PEAK ROOF SIGNA roof sign positioned above the peak of a roof or above a parapet or cornice.

SIGN

A symbolic, visual device fixed upon a building, vehicle, structure, or parcel of land which is intended to convey information about a product, business, activity, place, person, institution, candidate or political idea.

SIGN TYPE

A functional description of the use of an individual sign; includes owner identification, advertising, directional, electronic message, and temporary.

STREET FACADE

Any separate external face of a building, including parapet walls and omitted wall lines, oriented to and facing a public street, private way, or court. Separate faces oriented in the same direction or within 45° of one another are considered part of the same street facade.

TEMPORARY SIGN

Any sign designed or fabricated of materials of relatively low durability; or is portable or easily removable.

WALL SIGN

A sign attached to and parallel with the side of a building.

WINDOW SIGN

A sign painted on or installed inside a window for the purpose of viewing from outside the premises.

ZONE LOT

A parcel of land in single ownership that is large enough to meet the minimum zoning requirements of its zoning district and can provide such yards and other open spaces that are required by the site development regulations.

§ 410-35.3 General regulations for signs and street graphics.

Compliance. Each sign or part of a sign erected within the zoning jurisdiction of the City of Seward must comply with the provisions of this chapter, other relevant provisions of the City of Seward's Municipal Code, and applicable building codes.

Resolution of conflicting regulations. This chapter is not meant to repeal or interfere with enforcement of other sections of the City of Seward's Municipal Code. In cases of conflicts between Code sections, state or federal regulations, the more restrictive regulations shall apply.

Prohibited signs. The following signs are prohibited in all zoning districts:

(1)

Signs or sign structures which resemble, imitate, simulate, or conflict with traffic control signs or devices included in the Manual on Uniform Traffic Control Devices, which otherwise mislead or confuse persons traveling on public streets, which create a traffic hazard, or which violate any of the provisions of Neb. RS 60-6, 127 or 60-6, 128 of the Nebraska Rules of the Road or any other applicable state statutes.

(2)

Balloons, posters. Signs which contain or consist of balloons, posters, pennants, ribbons, streamers, spinners, or other similarly moving devices, except as specifically provided in this section. These devices, when not part of any sign, shall also be prohibited.

(3)

Signs which create a safety hazard by obstructing the clear view of pedestrians or vehicles, or which obscure official signs or signals.

(4)

Signs on public property not approved by the City.

(5)

Flashing signs. No flashing, blinking, or rotating lights shall be permitted for either permanent or temporary signs.

(6)

Moving signs. No sign shall be permitted to have any part of which moves by any mechanical means.

(7)

Painted wall signs: off-premises signs painted on building walls.

(8)

Above-peak roof signs.

Exempt signs. The following signs are permitted in any zoning district and are exempt from permitting:

(1)

Street banners, provided that specific approval is granted under regulations established by the City Council.

(2)

Public signs: signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs, including signs designating hospitals, libraries, schools and other institutions or places of public interest or concern.

(3)

Integral signs: names of buildings, dates of erection, monumental citations, commemorative tablets and other similar signs when carved into stone, concrete or other building material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached.

(4)

Window signs: such signs that are displayed inside of a window or within a building; provided, however, that neon window signs shall be permitted only in those districts where neon signs are permitted.

(5)

Works of graphic art painted or applied to building walls that contain no advertising or business identification messages.

(6)

Residential signs not to exceed six square feet in area.

(7)

Neighborhood or subdivision identification signs under 50 square feet.

(8)

Signs that are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed.

(9)

Directional signs, provided that such signs:

(a)

Do not exceed four square feet in maximum size or three feet in maximum height.

(b)

Are limited to one sign at each driveway or access point with a public street; and one sign at any critical decision point internal to a development.

Temporary signs.

(1)

Size and limitations of temporary signs. The location of temporary signs shall comply with the following regulations:

(a)

The maximum size of temporary signs or portable signs shall be 50 square feet in area. Temporary residential signs shall not exceed six square feet.

(2)

Location requirements for temporary signs.

(a)

Temporary signs shall be located two feet behind the sidewalk. If no sidewalk is present, the temporary sign shall be located six feet from back of curbline or edge of roadway if no curbline is present.

(b)

Temporary signs shall not be attached to any building, sign pole or light pole on public or private property; or public utility poles or trees on either public or private property.

(c)

Temporary signs are prohibited in any public right-of-way or property, including streets, sidewalks, parks, and public facilities.

(d)

Temporary signs may be located within the vision clearance triangle defined by § 410-32.4F with permission of the adjacent property owner and the height of the sign is 24 inches or less.

(e)

Temporary signs shall not interfere with any public right-of-way, driveway or accessway, or any means of access to or egress from any building.

(f)

Detached temporary signs may be placed on City public property with permission of the City for City business.

(3)

Condition of temporary signs.

(a)

All temporary signs shall be maintained in sound condition. Any sign that exhibits deterioration of structure or materials may be removed, subject to the provisions of this section.

(b)

The Zoning Administrator shall order the removal of any sign not in compliance with any provisions of this section. If the owner of the premises on which such sign is located, or the owner of the sign if unlawfully located on public property, fails to remove such sign, the Zoning Administrator shall be authorized to remove the sign.

Vision clearance triangle. No sign may project into or be placed within a vision clearance triangle defined by § 410-32.4F.

Maintenance. All signs shall be maintained in a good state of repair, including, but not limited to, the structural components, the lighting, if any, the portion attaching the sign to the ground or structure, and the surface features.

§ 410-35.4 Basic design elements.

Wall signs and graphics. Wall signs and graphics are subject to the following general regulations:

(1)

A wall sign shall not extend more than 18 inches from the wall to which it is attached.

(2)

A wall sign must be parallel to the wall to which it is attached.

(3)

A wall sign may not extend beyond the corner of the wall to which it is attached; except where attached to another wall sign, it may extend to provide for the attachment.

(4)

A wall sign may not extend beyond its building's roofline.

(5)

A wall sign in the CBD District attached to a building on its front property line may encroach upon a public right-of-way by no more than 18 inches. Such a wall sign shall provide minimum clearance of eight feet six inches.

(6)

For the purpose of calculating permitted sign areas pursuant to this article, signs painted on the walls of buildings shall be considered wall signs.

(7)

Where permitted, canopy signs are counted as wall signs when calculating total permitted sign area.

Projecting signs and graphics. Projecting signs and graphics are subject to the following general regulations:

(1)

The maximum projection of any projecting sign shall be as follows:

(a)

Three feet over public sidewalks less than 12 feet wide.

(b)

Five feet over public sidewalks 12 feet wide or more, or over private property.

(2)

Each projecting sign must maintain at least the following vertical clearances:

(a)

Over sidewalks: 12 feet; except that a canopy may reduce its vertical clearance to seven feet six inches.

(b)

Outside of parking areas or driveways, but within three feet of such areas; or within 50 feet of the right-of-way lines formed by a street intersection: 15 feet.

(c)

Over parking lots: 15 feet.

(d)

Over driveways: 18 feet.

(3)

Projecting signs must minimize visible support structures, including guy wires, cables, turnbuckles, angle irons, or other similar external support structure.

Pole signs. Pole signs, where permitted, are subject to the following general regulations:

(1)

Each pole sign must maintain at least the following vertical clearances:

(a)

Over sidewalks: eight feet six inches.

(b)

Outside of parking areas or driveways, but within three feet of such areas; or within 50 feet of the right-of-way lines formed by a street intersection: 10 feet.

(c)

Over parking lots: 14 feet.

(d)

Over driveways: 18 feet.

(2)

Permitted pole signs may revolve at a rate not to exceed six revolutions per minute.

Awning signs. Awning signs, where permitted, are subject to the following regulations:

(1)

The copy area of an awning sign shall not exceed 25% of the total face area of the awning. The combined area of all front-facing awning panels shall not exceed 35% of the total wall area.

(2)

Awnings shall not extend above the eave or parapet of the building facade and shall be a minimum of seven feet six inches above the sidewalk or grade, whichever is higher. Awnings shall not extend over any area utilized by motor vehicles.

(3)

Awnings may project no more than nine feet from the facade of the wall to which they are mounted. Any extension beyond six feet shall have plans stamped by a licensed architect or professional engineer, certifying the ability of the wall and associated structures to carry all imposed loads.

Electronic information signs. Electronic information signs, where permitted, are subject to the following regulations:

(1)

No electronic information sign shall be programmed in a way that suggests or resembles a traffic control device, such as a traffic signal.

§ 410-35.5 Other design elements.

Illumination. Lighting, when installed, must be positioned in such a manner that light is not directed onto an adjoining property or onto a public street or highway.

Marquees and marquee signs. Signs placed on, attached to, or constructed on a marquee are subject to the maximum projection and clearance regulations of projecting signs.

Permanent banners.

(1)

A banner sign projecting from a building may not exceed the wall height of the building.

(2)

The maximum projection for any banner is five feet from the building, with a minimum clearance of 10 feet.

(3)

Flag signs and banner signs count against the sign area permitted a premises.

Clocks. For the purposes of this article, clocks are not considered a moving sign.

§ 410-35.6 Nonconforming signs.

Conformance required. Except as may be hereinafter specified, no sign shall be erected, placed, maintained, converted, enlarged, reconstructed or structurally altered which does not comply with all of the regulations established by this chapter.

Nonconformance and amortization of premises identification signs. Where a sign exists at the effective date of adoption or amendment of the ordinance codified in this chapter that could not be built under the terms of this chapter by reason of restrictions on area, use, height, setback, or other characteristics of the sign or its location on the lot, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such sign may be enlarged or altered in a way which increases its nonconformity; however, reasonable repairs and alterations may be permitted.

(2)

Should such a sign be destroyed by any means to an extent of 60% or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Within any zoning district, all premises identification signs or other signage that pertains to the premises on which such sign is located shall comply fully with the provisions of this chapter, unless otherwise provided, within 15 years after the effective date of this chapter. This amortization provision does not apply to outdoor advertising signs, provided that such signs remain in continuous use. Any nonconforming outdoor advertising sign that remains unused for a continuous period of 180 days shall forfeit its right to continue as a nonconforming use.

§ 410-35.7 Permit procedures.

Applicability.

(1)

A sign permit, approved by the Building Official, shall be required before the erection, construction, alteration, placing, or locating of all signs conforming with this chapter.

(2)

A permit shall not be required for repainting without changing permanent wording, composition, or colors; or for nonstructural repairs.

Plan submittal. A copy of plans and specifications shall be submitted to the Building Official for each sign regulated by this chapter. Such plans shall show sufficient details about the size of the sign, location and materials to be used and such other data as may be required for the Building Official to determine compliance with this chapter. When requested by the Building Official, the applicant shall furnish a certification of the structural integrity of the sign and its installation by a registered professional engineer with specialization in structures.

Appeals. Any person or persons aggrieved by the decision of the Building Official to approve or disapprove a sign permit, as provided by this chapter, may appeal such decision to the Board of Adjustment as provided by § 410-44.8 of this Unified Land Development Ordinance.

Application fees. Each application for a sign permit shall be accompanied by any applicable fees, which shall be established by the City Council from time to time by resolution.

§ 410-35.8 Area, height and setback measurements.

Maximum permitted sign area. Maximum permitted sign area for a premises is set forth as a numerical limit or as a function of the frontage of the premises on a street or private way. For properties with frontage on more than one street or private way, the total frontage shall be calculated as the longest frontage plus 1/2 the length of all additional frontages.

Sign area.

(1)

Sign area includes the entire area within the perimeter enclosing the extreme limits of the sign, excluding any structure essential for support or service of the sign, or architectural elements of the building.

(2)

The area of double-faced signs is calculated on the largest face only.

(3)

The sign area for ground signs, monument signs, and architectural sign bands is calculated as the area enclosing the extreme limits of the copy only.

(4)

In the case of individual letters mounted to a wall, only the total area of the letters themselves is included within the sign area.

Height. The height of a sign is measured from the average grade level below the sign to the topmost point of the sign or sign structure.

Setback. The setback of a sign is measured from the property line to the line projected to the ground plane of the nearest portion of the sign.

§ 410-35.9 Permitted sign types by zoning district.

Table 35A, included as an attachment to this chapter, sets forth the sign types permitted within each zoning district of the City of Seward.

§ 410-35.10 Auxiliary design elements.

Table 35B, included as an attachment to this chapter, sets forth auxiliary design elements permitted within each zoning district of the City of Seward.

§ 410-35.11 Maximum permitted sign area.

Table 35C, included as an attachment to this chapter, sets forth the maximum sign area permitted within each zoning district of the City of Seward.

§ 410-35.12 Permitted signs by numbers, dimensions and location.

Table 35D, included as an attachment to this chapter, sets forth the maximum permitted number of signs per premises; the maximum permitted dimensions of each sign; and the required setbacks for detached signs.

§ 410-35.13 Outdoor advertising signs in commercial and industrial districts.

Within the total amount of sign area permitted to them, some parcels at specific locations in the AG, C-2, I-1 and I-2 Zoning Districts may elect to devote a portion of their sign budgets to installation of an outdoor advertising sign, subject to the conditions contained in this section. This provides a variation from the maximum size of an individual detached sign set forth in Table 35C.

Location. Eligible properties must be located within an AG, C-2, I-1 or I-2 District along Nebraska Highway 15 or U.S. Highway 34.

Impact on business identification and other signage. Utilization of this provision does not entitle any parcel to additional permitted sign area, and the area of the sign counts against the total sign area permitted the parcel. The outdoor advertising sign shall count as a detached sign for the purpose of calculating the total number of permitted detached signs.

Maximum size and height.

(1)

The size of an outdoor advertising sign shall not exceed 500 square feet.

(2)

The maximum height of such a sign shall be 35 feet.

Separation factors.

(1)

Where permitted along Nebraska Highway 15, outdoor advertising signs in excess of the maximum size permitted by Table 35D shall be separated by 2,000 feet from any other outdoor advertising sign of any size and 300 feet from any other detached sign.

(2)

Any such outdoor advertising sign shall be separated by 200 feet from any property in a residential zoning district, including RR through R-4 and RM Districts.

Other standards.

(1)

New installations of stacked signs or other installations of two signs facing the same direction on a single structure are prohibited.

(2)

The area around the base of the sign shall be maintained by the sign owner or property owner in clean condition. A radius of 10 feet around the base of the sign shall be landscaped in accordance with the provisions of Article 33.

(3)

Nothing in this section shall be taken to abrogate or limit the ability of a property owner to devote a sign that is fully consistent with the regulations and dimensions set forth by Tables 35C and 35D for an advertising message. This section only addresses terms under which a larger than otherwise permitted outdoor advertising sign may be installed.

§ 410-35.14 Sign master plan for large projects.

For projects with an overall site area in excess of six acres, an applicant may submit a sign master plan, detailing the size, location, and design of all signs on the site. The sign master plan may adjust the strict application of these standards, but must clarify the exact nature of the adjustments. Such a sign master plan shall be approved by the City Council after review and recommendation by the Planning Commission. This review follows the same process as review of a PUD District.

Article 36 (Reserved)