Chapter 50

SIGN REGULATIONS

The Sign Regulations provide standards for communicating information in the environment of the City of Kearney and its jurisdiction. These 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.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 7424, 3-11-2008)

50-102 DEFINITION OF TERMS.

The following definitions shall be used for terms contained in this chapter that are not otherwise defined in the Kearney City Code which includes the Unified Land Development Ordinance.

A. Abandoned Sign: A sign, including sign face and supporting structure, which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of six (6) months.

B. Attached Sign: A sign which is structurally connected to a building or depends upon that building for support

C. Auxiliary Design Elements: Terms which describe secondary characteristics of a sign, including its method of illumination and other features within the bounds of its basic shape.

D. Awning and Awning Sign: A temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for a supporting framework. An awning sign is a message printed on such a shelter.

E. Banner: Material exceeding four (4) square feet in size with a printed message or graphic secured or mounted to the primary building.

F. Building Marker: An historic or commemorative plaque, or a building name or cornerstone carved into a masonry surface.

G. Business Center Identification Sign: A sign which identifies a building or group of commercial buildings in single ownership or control, sharing parking and access.

H. Canopy (or arcade) Sign: A sign which is attached or made an integral part of a canopy.

I. City of Kearney Outdoor Advertising Sign Registry: A list of all outdoor advertising signs shall be maintained by the Building Services Division, detailing location, ownership, and size of all billboard signs.

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

K. Detached Sign: A sign which is self-supporting and structurally independent from any building.

L. Directional Sign: A sign which serves only to designate the location or direction of any area or place.

M. Double-Faced Sign: A sign consisting of no more than two (2) parallel or near parallel faces supported by a single structure. The angle created by the two (2) faces of a double-faced sign shall not exceed fifteen (15) degrees.

N. Electronic Information Signs: On-Premise 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. Information may include news, events, or information about businesses or attractions.

O. Electronic Changeable Message Sign (ECMS): An outdoor advertising sign that changes the message, advertisement, or copy on the sign face by electronic or mechanical device or process, either automated or remote, regardless of the process used. Blinking, flashing, rotating, revolving, spinning, fluttering lighting or animation is not allowed. Transition between messages is permitted, but such transitions may only fade, scroll, travel or reveal.

P. Flag Sign: Signs which are emblazoned on a flag and are intended to be displayed in a free-flowing manner. Flags of the United States, the State of Nebraska, and any institution in the University of Nebraska system shall not be considered flag signs for the purpose of this Ordinance.

Q. Flashing Sign: A sign which 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 as to draw the attention of the viewer.

R. Frontage: The length of a property line of any one (1) premises abutting and parallel to a public street, private way, or court.

S. Ground Sign: A detached on-premise sign built on a freestanding frame, mast, or pole(s) with a clearance no greater than three (3) feet.

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

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

V. Maximum Permitted Sign Area: The maximum permitted combined area of all signs allowed on a specific property.

W. Monument Sign: An on-premise freestanding sign with the appearance of a solid base.

X. Moving Sign: A sign which conveys its message through rotating, changing, or animated elements.

Y. Nonconforming Sign: A sign that was legally erected prior to the adoption of this chapter but which violates the regulations of this chapter.

Z. Numeric Display Signs: On premise signs which display numeric information only. Typical examples include time and temperature displays and fuel price displays. The numeric information may be changed electronically or manually.

AA. Outdoor Advertising Signs: 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-premise or off-premise businesses or products, but are not included in the definition of premise identification signs. Special regulations or permissions apply to outdoor advertising signs in certain geographic locations within the City of Kearney and its jurisdiction.

BB. Pole Sign: An on-premise sign built on a freestanding frame, mast, or pole(s) with a clearance greater than three (3) feet.

CC. 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.

DD. Poster: A temporary sign, not exceeding four (4) square feet in area and three (3) feet in height, mounted on stakes or spikes intended to be stuck into the ground and used as a detached temporary sign.

EE. Premise 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.

FF. Premises: A tract of one (1) or more lots or sites which are contiguous and under common ownership or control.

GG. Projecting Signs: A sign other than a wall sign that is attached to and projects from a building face.

HH. Residential Sign: A small detached or attached sign located on a residential premise, conveying a message communicated by the owner of the property.

II. 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.

(a) Integral Roof Sign: A roof sign positioned between an eave line and the peak or highest point on a roof, substantially parallel to the face of a building.

(b) Above-peak Roof Sign: A roof sign positioned above the peak of a roof or above a parapet or cornice.

JJ. 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.

KK. Sign Type: A functional description of the use of an individual sign. Includes owner identification, advertising, directional, electronic message, and temporary.

LL. Street Facade: Any separate external face of a building, including parapet walls and omitted wall lines, oriented to and facing a public street, a private street, or court (excluding alleys). Separate faces oriented in the same direction or within forty-five (45) degrees of one (1) another are considered part of the same street facade.

MM. Temporary Signs: Any sign designed or fabricated of materials that advertise or communicate messages that change frequently or that become outdated; are made of materials of relatively low durability; are intended to be removed or replaced within a period of six (6) months or less; or are portable. Temporary signs generally fall into two (2) categories: temporary civic signs and temporary commercial signs. Temporary Commercial Signs shall fall into two (2) categories: (a) attached temporary commercial sign, and (b) detached temporary commercial sign.

NN. Wall Sign: A sign attached to and parallel with the side of a building.

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

PP. 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.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 7009, 12-9-2003; Ord. No. 7424, 3-11-2008; Ord. No. 7445, 7-22-2008; Ord. No. 7456, 8-12-2008; Ord. No. 7495, 12-9-2008)

50-103 GENERAL SIGN AND STREET GRAPHICS REGULATIONS.

A. Compliance

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

B. Resolution of Conflicting Regulations

This chapter is not meant to repeal or interfere with enforcement of other sections of the City of Kearney's Municipal Code. In cases of conflicts between Code sections, State or Federal Regulations, the more restrictive regulations shall apply.

C. Prohibited Signs

The following signs are prohibited in all zoning districts.

1. Obsolete Signs. Signs that advertise an activity, business, product or service no longer conducted on the premises on which the sign is located.

2. Signs or sign structures which resemble, imitate, simulate, or conflict with traffic control signs or devices included in the Manual of 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 Section 60-6,127 or Section 60-6,128 of the Nebraska Rules of the Road or any other applicable State statutes.

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

4. Off-premise Signs on Public Property. Off-premise signs located on public property which is being used for public purposes. This restriction also applies to hand-held signs carried by persons and persons dressed in costumes or as character actors for the purposes of advertising a service or product.

5. Flashing Signs. No flashing, blinking, or rotation lights shall be permitted for either permanent or temporary signs. Illumination levels controlling brightness and minimum required hold time for electronic information signs shall comply with Section 50-104 of this Chapter.

6. Moving Signs. No sign shall be permitted, any part of which moves by motorized or similar mechanical means.

7. Painted Wall Signs. Off-premise signs painted on building walls unless specifically approved as an element of a Historic Neighborhood Conservation District plan.

8. All roof signs.

D. Exempt Signs

The following signs are permitted in any zoning district and are exempt from other provisions of this chapter.

1. Real Estate Signs. Signs advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed. One (1) non-illuminated sign, not to exceed six (6) square feet in residential districts and thirty-two (32) square feet in commercial or industrial districts, shall be permitted on each premises in residential districts. Such signs shall not extend higher than three (3) feet above grade level or closer than ten (10) feet from any property line unless located on the wall of a building. Such signs shall be removed within seven (7) days after the disposition of the premises.

2. Construction Signs. Signs identifying the architect, engineer, contractor or other individuals involved in the construction of a building and such signs announcing the character of the building enterprise or the purpose for which the building is intended but not including product advertising. One (1) non-illuminated sign not to exceed fifty (50) square feet shall be permitted per street frontage. Such sign shall not extend higher than ten (10) feet above grade level and meet the front yard requirement for a principal structure unless located on the wall of a building on the premises or on a protective barricade surrounding the construction. Such signs shall be removed within one (1) week following completion of construction.

3. Political Campaign Signs. Signs announcing candidates seeking public political office or pertinent political issues. Such signs shall be confined to private property and shall be placed no sooner than forty-five (45) days prior to an election and shall be removed within ten (10) days following the election to which they pertain.

4. Street Banners. Signs advertising a public event, providing that specific approval is granted under regulations established by the City Council.

5. Seasonal Decorations. Signs pertaining to recognized national holidays and national observances.

6. 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.

7. Integral Signs. Signs for churches or temples, or 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.

8. Window Signs. Such signs which 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.

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

10. Residential signs under two (2) square feet in size.

11. Neighborhood or subdivision identification signs under fifty (50) square feet.

12. Signs, which 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.

13. Directional signs provided that such signs:

(a) Do not exceed four (4) square feet in maximum size or three (3) feet in maximum height.

(b) Are limited to one (1) sign at each driveway or access point with a public street; and one (1) sign at any critical decision point internal to the project.

14. Hand-Held Signs. Hand-held signs carried by persons and persons dressed in costumes or as character actors for the purposes of advertising a service or product, provided that such advertisement is limited to the lot or lots where the service or product is offered.

E. Detached Temporary Commercial Signs

1. Permit Required. All Detached Temporary Commercial Signs not listed in Section 50-103.D but falling within the definition of temporary commercial signs shall be classified as Detached Temporary Commercial Signs. All Detached Temporary Commercial Signs, except for 4.(e) below, shall obtain a Temporary Sign Permit from the City of Kearney prior to any repair, alteration, relocation, or maintenance of such a sign.

2. Duration of Permits. Except for 4.(e) below, a Detached Temporary Commercial Sign shall be in effect for a period of thirty (30) days on two (2) separate occasions from the date of issuance.

3. Size.

(a) Except for posters, the maximum size of detached temporary signs or portable signs shall be fifty (50) square feet in area. Detached Temporary Commercial Signs shall be no smaller than eight (8) square feet. Posters shall not exceed four (4) square feet in area and three (3) feet in height.

4. Location Requirements for Detached Temporary Commercial Signs.

(a) Detached Temporary Commercial Signs are prohibited in any public right-of-way or property, including streets, sidewalks, parks, and public facilities.

(b) Detached Temporary Commercial Signs shall not be located within the Vision Clearance Triangle defined by Section 47-104.H.

(c) Detached Temporary Commercial Signs shall not interfere with any public right-of-way, driveway or access way, or any means of access or egress to any building.

(d) Detached Temporary Commercial Signs cannot be placed on public property.

(e) Inflatable balloons, pennants, ribbons, streamers, flags, spinners and other similar moving devices, intended to attract attention, shall be allowed only for businesses with associated outdoor display of a product on the same lot or lots as the primary business. In all cases, such displays shall not be attached to any temporary or permanent pole or structure on the public right-of-way, nor shall any such sign display encroach upon the public right-of way or neighboring property, including air space.

5. Permit Application

(a) Except for 4.(e) above, an application for a Detached Temporary Commercial Sign shall be submitted on a form developed by the City and shall an established fee shall be paid.

F. Attached Temporary Commercial Signs

1. No permit or permit fee is required.

2. Duration of Sign Display. An Attached Temporary Commercial Sign shall have no time limit for the duration of display of any sign that meets the following criteria:

(a) The total amount of attached temporary commercial signage permitted on any premise shall be limited to a total of two (2) Attached Temporary Commercial Signs that do not exceed sixty-four (64) square feet in area on any street façade (including any building facades adjacent to public streets. Alleys are not streets.)

(b) Attached Temporary Commercial Signs shall not be attached to any sign pole or light pole on public or private property; or public utility poles, trees, or wooden or metal fence posts on either public or private property.

(c) Any Attached Temporary Commercial Sign shall be attached only to vertical facades of the primary building and shall not be attached to roofs, roof extensions, cornices, overhangs, or other building extensions.

G. 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 City Manager and his/her authorized officers shall order the removal of any sign not in compliance with any provisions of this section. If the owner of the premise on which such sign is located, or the owner of the sign if unlawfully located on public property, fails to remove such sign, the City Manager and his/her officers shall be authorized to remove the sign. Any costs of removal of a sign on private property shall be assessed to the owner of the property. Any such removal shall also result in the immediate cancellation of any outstanding temporary sign permit.

H. Vision-Clearance Area

Except in the CBD District, no structure shall be built to a height of more than two (2) feet above the established curb grade on the part of the lot within a vision clearance zone. The vision clearance zone shall be a triangle measured from the point of intersection of the curb lines or edge of pavement of the streets to a point forty (40) feet in each direction from the intersection along such curb lines or edges of pavement. At the intersection of major streets as defined in the Comprehensive Development Plan, the forty (40) foot distance shall be increased to sixty (60) feet. No landscaping shall be planted in such area which will materially obstruct the view of drivers approaching the street intersection.

I. 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.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 7009, 12-9-2003; Ord. No. 7456, 8-12-2008; Ord. No. 7495, 12-9-2008)

50-104 GENERAL REGULATIONS: BASIC DESIGN ELEMENTS FOR SIGNS.

A. Wall Signs and Graphics

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

1. A wall sign shall not extend more than eighteen (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 roof line.

5. A wall sign in the CBD District attached to a building on its front property line may encroach upon public right-of-way by no more than eighteen (18) inches. Such a wall sign shall provide minimum clearance of eight (8) feet, six (6) inches. This encroachment is not permitted along state or federal highways in the CBD District.

6. For the purpose of calculating permitted sign areas pursuant to this chapter, 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.

B. 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 (3) feet over public sidewalks less than twelve (12) feet wide;

(b) Five (5) feet over public sidewalks twelve (12) feet wide or more, or over private property.

2. Within the CBD District, a projecting sign may come within five (5) feet from the vertical plane of the inside curb line.

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

(a) Twelve (12) feet over sidewalks; except that a canopy may reduce its vertical clearance to seven (7) feet, six (6) inches;

(b) Fifteen (15) feet outside of parking areas or driveways, but within three (3) feet of such areas; or within fifty (50) feet of the right-of-way lines formed by a street intersection;

(d) Eighteen (18) feet over driveways.

4. No projecting sign extending three (3) feet or more from a property line may be located within twenty-five (25) feet of any other projecting sign extending three (3) feet or more from a property line.

5. Projecting signs must minimize visible support structure and may not expose guy wires, cables, turnbuckles, angle iron, or other similar external support structure.

C. 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) Eight (8) feet, six (6) inches over sidewalks;

(b) Ten (10) feet outside of parking areas or driveways, but within three (3) feet of such areas; or within fifty (50) feet of the right-of-way lines formed by a street intersection.

(d) Eighteen (18) feet over driveways.

2. Permitted pole signs may revolve at a rate not to exceed six (6) revolutions per minute.

D. Awning Signs

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

1. The copy area of an awning sign shall not exceed twenty-five (25%) of the total face area of the awning. The combined area of all front-facing awning panels shall not exceed thirty-five percent (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 (7) feet six (6) 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 (9) feet from the facade of the wall to which they are mounted. Any extension beyond six (6) 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.

E. Electronic Information Signs

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

1. Electronic information signs shall be set back a minimum of two (2) feet from any right-of-way line and shall not be located within an arc with a seventy-five (75)-foot radius formed by the intersecting right-of-way lines of a corner lot or lots.

2. No more than one (1) electronic information sign is permitted per property.

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

4. Electronic information signs shall be programmed in a way that no sign shall flash or blink and the image, message or lighting pattern shall hold for a minimum of two (2) seconds, however, full animation video is allowable provided such video does not flash or blink.

5. The surface/face illumination of any sign shall not exceed one thousand two hundred fifty (1,250) Nits after dusk or seven thousand five hundred (7,500) Nits during daylight hours. Such illuminated sign shall be equipped with a sensor and/or timer or other device to automatically adjust the day/night light intensity levels in accordance with the standard set herein.

6. Electronic information signs shall be deducted from the total sign budget allowed for the premises.

F. Numeric Display Signs

Numeric signs, where permitted are subject to the following regulations:

1. Numeric signs shall be set back a minimum of two (2) feet from any right-of-way line.

2. Numeric signs located within an arc with a seventy-five (75) foot radius formed by the intersecting right-of-way lines of a corner lot or lots shall be no larger than twenty-five (25) square feet in area, and if illuminated, shall not flash or blink.

3. All illuminated numeric signs shall not exceed 1,250 nits after dusk or 7,500 nits during daylight hours.

4. Numeric signs shall be deducted from the total sign budget allowed for the premises.

(Ord. No. 6864, 3-12-2002; Ord. No. 7009, 12-9-2003; Ord. No. 7445, 7-22-2008; Ord. No. 7456, 8-12-2008)

50-105 GENERAL REGULATIONS: OTHER DESIGN ELEMENTS.

A. Illumination

1. 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, and in accordance with the Outdoor Lighting provisions of Section 47-108.

B. Marquees and Marquee Signs

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

C. Permanent Banners

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

2. Maximum projection for any banner is five (5) feet from the building with a minimum clearance of ten (10) feet.

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

D. Clocks

For the purposes of this chapter, clocks are not considered a sign.

(Ord. No. 6864, 3-12-2002; Ord. No. 7009, 12-9-2003)

50-106 COMPLIANCE AND AMORTIZATION OF PREMISE IDENTIFICATION SIGNS.

A. Nonconformance and Amortization of Premise Identification Signs

Where a sign exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title 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 sixty (60) percent or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

3. Within any zoning district, all premise identification signs or other signage that pertains to the premises on which such sign is located, shall comply fully with the provisions of this Ordinance, unless otherwise provided, within fifteen (15) years after the effective date of this Ordinance. 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 twelve (12) months shall forfeit its right to continue as a nonconforming use.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 7424, 3-11-2008)

50-107 GENERAL PERMIT PROCEDURES.

A. 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 title.

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

B. Plans Submittal

A copy of plans and specifications shall be submitted to the Building Official for each sign regulated by this title. Such plans shall show sufficient details about 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 title. 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.

C. Appeals

Any person or persons aggrieved by the decision of the Building Official to approve or disapprove a sign permit, as provided by this title, may appeal such decision to the Board of Adjustment as provided by Section 59-108.

D. Application Fees

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

(Ord. No. 6864, 3-12-2002)

50-108 METHOD OF MEASUREMENT FOR REGULATORS.

A. 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 (1) public street or private street (excluding alleys), the total frontage shall be calculated as the longest frontage plus one-half the length of all additional frontages.

B. 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.

C. 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.

D. 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.

(Ord. No. 6864, 3-12-2002; Ord. No. 7009, 12-9-2003)

50-109 PERMITTED SIGN TYPES BY ZONING DISTRICTS.

Table 50-1 sets forth the sign types permitted within each zoning district of the City of Kearney.

(Ord. No. 6864, 3-12-2002)

50-110 AUXILIARY DESIGN ELEMENTS.

Table 50-2 sets forth auxiliary design elements permitted within each zoning district of the City of Kearney.

(Ord. No. 6864, 3-12-2002)

50-111 MAXIMUM PERMITTED SIGN AREA.

Table 50-3 sets forth the maximum sign area permitted within each zoning district of the City of Kearney.

(Ord. No. 6864, 3-12-2002)

50-112 PERMITTED SIGNS BY NUMBERS, DIMENSIONS, AND LOCATION.

Table 50-4 sets forth the maximum permitted numbers of signs per premises; the maximum permitted dimensions of each sign; and the required setbacks for detached signs.

(Ord. No. 6864, 3-12-2002)

50-113 OUTDOOR ADVERTISING SIGNS.

A. Conformance Required.

No billboard sign shall be erected, placed maintained, converted, enlarged, reconstructed or structurally altered which does not comply with all he regulations established in this section.

B. Maintenance.

For the purposes of this section, maintenance shall mean the routine repairing, restoring, or replacing of the sign to its constructed condition with the same type of materials used in the original sign structure and face, or to approved upgraded materials.

C. Required Maintenance for Nonconforming Signs.

1. Cleaning and painting of the structure including supports, faces trim, ladders, catwalks, railings and any other structural features and the immediate area around the sign structure.

2. Changes in advertising messages and content including use of a vinyl overlay or wrap. If structural modifications are required to secure the vinyl overlay or wrap, a sign permit is required and said changes must be approved by the City.

3. Faces and trim shall be maintained, replaced or repaired as necessary. The same number of faces, or less shall be maintained and the size of any given face shall not be increased.

4. Lighting system may be added or replaced on any billboard as long as the lighting complies with Section 47-108 of the Kearney City Code, requiring shielded, sharp cutoff, downcast lighting fixtures. Existing fixtures may be repaired with like equipment. Changes or additions of lighting fixtures shall require an electrical permit and said changes shall be approved by the City.

5. Safety features including ladders, catwalks, safety cables and railings may be replaced, repaired or added. Said safety features shall be designed to conform to accepted industry standards. A sign permit shall be required if safety features are added and said changes must be approved by the City.

D. Reconstruction and Modification of Existing Nonconforming Outdoor Advertising Signs.

No sign shall be reconstructed or modified except as specified in paragraph E below. The following shall constitute a substantial change to a sign and are therefore not considered maintenance or acceptable reconstruction and are herein prohibited:

1. Any change in the location of the sign

2. Any increase in the size or dimension or height of the sign.

3. The addition of additional face or faces.

4. An increase in the number of poles supporting the structure.

5. An increase in the height of the poles.

E. Modifications to Existing Nonconforming Outdoor Advertising Signs.

An existing legal or nonconforming sign may be modified or reconstructed as follows:

1. The structural supports may be replaced with like materials or upgraded to steel.

2. Any existing sign damaged by any cause, natural or manmade, may be replaced or repaired to original condition, or modified as stated in 1 above, provided there is no increase in size, height, or number of faces. Nonconforming roof-mounted signs that are damaged by any cause in excess of fifty (50) percent of their replacement value shall be permanently removed.

3. Message area attachment systems may be changed or updated provided the area of the message surface is not increased.

4. A sign required to be moved to a new location because of a local, state or federal project requires approval of the new location by Planning Commission and City Council and the relocated sign must comply with all regulations in force and effect at the time the relocation is approved.

5. A replacement billboard sign can be relocated within one hundred fifty (150) feet of its current location with approval from the Chief Building Official as long as the sign is not located any closer to the road right-of-way or abutting property.

F. Registration of Existing Legal or Nonconforming Outdoor Advertising Signs.

The Owner of every existing legal or nonconforming outdoor advertising sign shall pay an annual occupation tax for each sign face as set forth in the City of Kearney Comprehensive Fee Schedule. At the time the occupation tax is due, the Owner shall complete the required form confirming the location, number of faces, size of each face, height of the structure, materials description, condition of each sign, and any other related information requested by the City. The Owner shall sign an affidavit stating that the information provided is accurate and that the sign has not been modified in the past twelve (12) months. Any modifications will require a Sign Permit from the Building Services Division.

G. Electronic Changeable Message Signs.

Electronic Changeable Message Signs, hereinafter known as ECMS, are considered outdoor advertising signs and shall be subject to the following requirements:

1. For each ECMS face erected, a minimum of two (2) existing sign faces must be permanently removed.

2. The proposed ECMS must be located where one of the existing structures was removed to meet the 2:1 replacement requirement, or, if at a new location, the ECMS must meet all Code requirements pertaining to outdoor advertising signs and meet the 2:1 replacement requirement.

3. No two ECMS structures may have sign facings erected less than five thousand (5,000) feet apart measured from the center of the monopole along a line parallel with the highway. ECMS structures may be located on either side of the highway; however, each sign must only be visible from one direction of travel and must comply with the five thousand (5,000)-foot spacing on each side.

4. The ECMS sign faces shall not be more than three hundred (300) square feet in size and shall be no taller than thirty-five (35) feet.

5. Each advertisement displayed must remain fixed for at least ten (10) seconds. If there is more than one (1) advertisement per face, then when any advertisement changes, the entire face shall remain fixed for at least ten (10) seconds.

6. When an advertisement is changed, it must be accomplished within an interval of two (2) seconds or less.

7. Each ECMS must contain a default mechanism that will freeze the sign in one position if a malfunction occurs.

(Ord. No. 7424, 3-11-2008)

50-114 OUTDOOR ADVERTISING SIGNS; REGULATIONS FOR NEW INSTALLATIONS.

Within the total amount of sign area permitted to them, some parcels in the M-1, Limited Industrial District and M-2, General Industrial District 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. For installation of new Electronic Changeable Message Signs (ECMS) refer to the regulations provided in Section 50-113 of this Chapter.

A. Location

Eligible properties must be located within two hundred (200) feet of the right-of-way line of Interstate 80 or within one hundred (100) feet of the right-of-way line of Highways 30, 44, or 10.

B. 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.

C. Maximum Size and Height

1. The size of an outdoor advertising sign shall not exceed seven hundred (700) square feet.

2. The maximum height of such a sign shall be forty-five (45) feet.

D. Separation Factors

1. Where permitted along Interstate 80, outdoor advertising signs shall be separated by one thousand two hundred (1,200) feet from any other outdoor advertising sign of any size and three hundred (300) feet from any other detached sign.

2. Where permitted along other settings, outdoor advertising signs shall be separated by one thousand (1,000) feet from any other outdoor advertising sign of any size and three hundred (300) feet from any other detached sign.

3. Any such outdoor advertising sign shall be separated by two hundred (200) feet from any property in a residential zoning district, including RR-1, Rural Residential Single-Family District through R-4, Urban Residential Multi-Family District, and RM, Mobile Home Residential District.

E. Other Standards

1. New installations of stacked signs or other installations of two (2) signs facing the same direction on a single structure are prohibited. Double-faced, back-to-back signs are permitted, provided that the angle formed by the sign faces does not exceed fifteen (15) degrees.

2. Side-by-side signs are not permitted regardless of which direction they face.

3. The area around the base of the sign shall be maintained by the sign owner or property owner in clean condition. A radius of ten (10) feet around the base of the sign shall be landscaped in accordance with the provisions of Chapter 48.

(Ord. No. 6864, 3-12-2002; Ord. No. 7424, 3-11-2008)

50-115 SIGN MASTER PLAN FOR LARGE PROJECTS.

For projects with an overall site area in excess of six (6) 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 PD District.

(Ord. No. 6864, 3-12-2002; Ord. No. 7424, 3-11-2008)

Table 50-1:

Permitted Signs by Type and Zoning Districts

Sign

Types

RR-1

RR-2

R-1

R-2

R-3

R-M

R-4

C-O

C-1

C-2

CBD

C-3

M-1

M-2

Detached Signs

Residential

Premise

Identification

P(C)

P (C)

Directional

P(C)

Ground

P(C)

Pole

Attached Signs

Awning

Banner

Building Marker

P

Canopy

Premise

Identification

P(C)

Incidental

P(C)

Marquee

Projecting

Roof, Integral

Roof, Above Peak

Wall

Window

Miscellaneous

Flag Sign

P: Permitted for All Uses

P(C): Permitted for Civic Uses

N: Not Permitted

(Ord. No. 6864, 3-12-2002; Ord. No. 7009, 12-9-2003)

Table 50-2:

Auxiliary Sign Elements

AG

RR-1

RR-2

R-1

R-2

R-3

R-M

R-4

C-O

C-1

C-2

CBD

C-3

M-1

M-2

Design Element

Illumination

Indirect

P(C)

Direct

Internal

P(C)

Neon

Flashing

Flame

Bare Bulb

Other

Electronic Information

Moving

Rotating

P: Permitted for All Uses

P(C): Permitted for Civic Uses

N: Not Permitted

(Ord. No. 6864, 3-12-2002)

Table 50-3:

Permitted Signs by Maximum Permitted Area and District

This Maximum Permitted Area for all signs on a premises excluding directional signs, building marker signs, and United States, State, or University flags shall not exceed the lesser of the following:

Zoning

District

RR-1

RR-2

R-1

R-2

R-3

R-4

C-O

C-1

(Note 6)

C-2

CBD

C-3

M-1

M-2

Square Feet of Signage per Linear Foot of Frontage

0.5

.75

1.5

1.0

2.0

Maximum Total Square Feet

Note 1

Note 2

Note 3

300

Note 4

300

Note 5

800

500

800

300

800

Note 1: Two hundred (200) square feet for civic or commercial uses, two (2) square feet for residential uses, including home occupations.

Note 2: Fifty (50) square feet for project identification signs or civic uses, two (2) square feet for residential uses, including home occupations.

Note 3: Thirty-two (32) square feet for civic uses, fifty (50) square feet for project identification signs for multi-family or mobile home developments and for non-residential uses when permitted, two (2) square feet for residential uses, including home occupations.

Note 4: Maximum limits apply to non-residential premises only. On premises with primary residential use, fifty (50) square feet for project identification signs for multi-family developments, two (2) square feet for residential uses, including home occupations.

Note 5: One (1) Business Center Identification Sign with a maximum area of one hundred (100) square feet is permitted in addition to the Maximum Total Square Feet established here, subject to the regulations set forth by Table 50-4.

Note 6: Signage programs in C-1(N) Districts may vary from these requirements, subject to approval of a Planned Development project.

(Ord. No. 6864, 3-12-2002; Ord. No. 7009, 12-9-2003; Ord. No. 7022, 1-27-2004)

Table 50-4:

Permitted Signs by Numbers, Dimensions, and Location

Each individual sign shall comply with the regulations for maximum quantity, maximum size, minimum setbacks, and height limits shown in this table:

Zoning District	AG	RR-1 RR-2 R-1 R-2 R-3 R-4 RM	UC C-O	C-1 (Notes 2,4)	C-2 (Notes 3,4)	CBD (Note 4)	C-3 (Notes 3,4)	BP (Note 4)	M-1 M-2 (Notes 3,4)
Detached Signs
Number Permitted Per Premise	1	1	NA	1	NA	1	NA	NA	NA
Separation of Signage Per Linear Foot of Street Frontage	NA	NA	1 per 150	1	1 per 300	NA	1 per 200	1 per 300	1 per 300
Maximum Size (sq. ft.)	100 Note 4	NA	32	100	200	100	200	150	200
Maximum Height (feet) of Structure Above Ground (Note 5) Pole Signs Monument or Ground Signs	NA 15	NA 6	NA 5	45 15	45 15	45 15	45 15	NA 15	45 15
Front Yard Setback (feet)	25	5	2	2	2	0	2	2	2
Side Yard Setback (feet)	10	10	2	2	2	0	2	2	2

Attached Signs
Maximum Size* (sq. ft.)	100	NA	50	150	NA	NA	300	300	300
% of Street Facade	NA		15%	20%	20%	20%	25%	20%	25%

See Table 50-3 for maximum sign sizes.

Note 1: In addition to its total permitted sign area, each premises used for a business center may have one (1) detached center identification sign, subject to the following conditions:

1. The maximum area for a center identification sign shall be one hundred (100) square feet.

2. No center identification sign shall be within three hundred (300) feet of any other center identification sign or within one hundred fifty (150) feet of any other detached sign on the same or adjacent premises.

3. The sign shall display no more than the name and location of the business center.

4. Each sign shall be subject to all other regulations for detached signs or graphics set forth in this Section.

Note 2: Signage programs in C-1(N) Districts may vary from these requirements, subject to approval of a Planned Development project.

Note 3: Within the total maximum sign allowance permitted by Table 50-3, properties in the M-1, and M-2 Districts may elect to locate an outdoor advertising sign in excess of three hundred (300) square feet, subject to the conditions set forth in Section 50-114.

Note 4: One (1) non-illuminated directional sign with a maximum size of twelve (12) square feet is permitted at each major entrance to the development. Such sign shall be a monument or ground sign with a maximum height of four (4) feet.

Note 5: The maximum permitted height for an Outdoor Advertising Sign; Regulations for New Installations in areas defined by Section 50-114 shall be forty-five (45) feet.

(Ord. No. 6864, 3-12-2002; Ord. No. 7009, 12-9-2003; Ord. No. 7022, 1-27-2004; Ord. No. 7253, 4-11-2006; Ord. No. 7328, 3-13-2007; Ord. No. 7424, 3-11-2008)