§ 7.02. Definitions.
Words and phrases used in this ordinance shall have the meanings set forth herein and in Article 2. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this ordinance. All issues concerning signs and the exercise or restrictions of rights pertaining thereto, including the right for such signs to exist in, on, or about any zone lot, shall be governed and construed in accordance with this ordinance. Principles for computing sign area and sign height are contained in Section 7.01.06.
Abandoned sign shall mean a sign which no longer identifies or advertises a business, lessor, service, owner, product, or activity on the parcel where the sign is located or a sign for which no legal owner can be found.
Aerial sign shall mean a balloon or other airborne flotation or inflatable device which sits on a surface or is tethered to the ground or to a building that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered, regardless of whether it does or does not contain text or advertising copy.
Advertising sign shall mean a sign which directs attention to any product, activity, or service; provided, however, that such sign shall not be related or make reference to the primary use, business activity, or service conducted on the premises.
Agent shall mean a person authorized by the owner of the zone lot to act on behalf of such owner.
Animated sign shall mean any sign that uses movement or change of lighting, whether by natural or mechanical means, to depict actions or create a special effect or scene. The foregoing definition includes, but is not limited to, signs containing messages which change automatically or which messages can be changed via a message control center.
Announcement sign shall mean a small announcement or professional signs, not over six square feet in area, except that an announcement sign or bulletin board not over 18 square feet in area, set back at least 20 feet from any highway, street, road, or roadway easement may be erected in connection with any of the permitted principal uses of a nonresidential nature, except the setback shall not apply in the Downtown District.
Architectural canopy sign shall mean an enclosed, illuminated (backlit awning) or non-illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the sign's area integrated into its surface.
Sign, Architectural Canopy
Sign, Awning or Canopy
Audible sign shall mean any sign that conveys either a written message supported by an audible noise including music, spoken message, and/or sounds to attract attention to the sign. Audible signs also include signs conveying only the audible noise including music, spoken message, and/or sounds to attract attention.
Awning shall mean a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. Non-rigid materials include fiberglass, rubber, plastic, fabric, canvas, or similar material.
Awning or canopy sign shall mean any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Back-lit SIGN shall mean a sign whose light source is located behind fully opaque letters and/or graphics in the interior of the sign so that the rays go through the face of the sign.
Balloon sign shall mean one or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.
Banner/flag sign shall mean any sign of lightweight fabric or similar material that is permanently mounted to a pole, a building, or other permanent structure, or a part thereof. Unless specifically stated, all references to "banner" in this ordinance refer to permanent banners. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Sign, Banner,
Banner (commercial) sign shall mean an advertising sign of non-rigid material mounted on a building or structural frame.
Billboard sign shall mean a sign that identifies or communicates a commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located, or any noncommercial message. A billboard is differentiated from an off-premise sign in that the message on a billboard is designed to periodically change.
Sign, Billboard
Billboard sign, digital, shall mean a billboard sign that displays digital images that are changed by electronic means, generally at short time intervals.
Building marker sign shall mean any sign indicating the name of a building and/or date and/or incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Building sign shall mean any sign attached to any part of a building, as contrasted with a freestanding sign.
Canopy shall mean a projecting, non-movable, rigid, multi-sided structure covered with fabric, metal, or other material and either: a) cantilevered or suspended from a building, supported by the main structural members to which it is attached; or b) freestanding and supported by columns or posts embedded in the ground. A canopy sign is any sign painted on or attached to, in any manner, or made an integral part of the canopy. A marquee is not a canopy.
Center identification sign shall mean any sign erected to provide direction to a development including multiple uses and/or structures within the development. Center Identification signs shall include the name of said development and may include, when permitted, the names of major tenants of the development. Center Identification Signs shall typically be similar to Ground (Monument) signs.
Changeable copy sign shall mean a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.
City shall mean the City of Bellevue, including each of its authorized officers and directors.
Closed sign shall mean a sign in which more than 50 percent of the entire area is solid or tightly closed or covered.
Sign, Monument
Sign, Electronic Message
Sign,Flashing
Closed Sign
Code shall refer to the Uniform Building Code and the Uniform Electrical Code.
Commemorative sign shall mean a permanent sign indicating the name of a structure or site, its address, or other information of commemorative or historical significance.
Commercial message sign shall mean any sign wording, figures, logo, or other representation that, directly or indirectly, names, advertises, or calls or directs attention to a business, product, service, or other commercial activity.
Common signage site plan shall mean a signage site plan jointly submitted by the Property Owners of two or more contiguous zone lots or the Property Owner of a single lot containing more than one building which contains the same information as a Master Signage Site Plan plus specific standards of consistency contained in this ordinance, and which has been approved by the Director. A twenty-five percent (25%) increase in total sign area shall be allowed to the Property Owner(s) of the zone lot for conforming Common Signage Site Plans.
Conditional use sign shall mean a sign type requiring approval by the Planning Commission and City Council as a conditional use permit.
Construction sign shall mean a temporary sign identifying an architect, engineer, contractor, subcontractor, and/or building material supplier who participates in construction on the property on which the sign is located.
Destination sign shall mean a sign used to inform and direct the public to important public places and buildings, landmarks, and historical sites in the most simple, direct, and concise manner possible.
Digital sign shall mean a sign which displays an advertisement or message which is generated electronically and commonly utilizes computerized or electronic digital technology, including but not limited to digital display boards, electronic variable message signs and light emitting diode (LED) signs. (See also "Animated Sign").
Direct lighting shall mean illumination by means of an external source.
Directional/informational sign shall mean an on-premise sign which provides direction for the safe and efficient flow of vehicular or pedestrian traffic to an activity on the premise. Directional/Informational signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premise.
Director shall mean the Planning Director of the city or his or her designee.
Directory sign shall mean an on-premise sign identifying an activity, operational feature, or business name upon such premise. Directory signs shall include building names, offices, or activities in same size letters, colors and general design and shall be limited to one sign per street entrance..
Discontinued sign (See "Sign, Abandoned")
Double-faced sign shall mean a sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes. This does not include "V-type signs."
Dwell time shall mean the duration or interval of time during which each individual advertisement or message is displayed on any sign which is capable of sequentially displaying more than one advertisement or message on its display surface.
Electronic message sign shall mean a sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. (See also "Animated Sign").
Externally illuminated sign shall mean a sign whose illumination is derived entirely from an external source.
Facade shall mean the entire building front, including the parapet.
Fence sign shall mean a sign attached to or painted on a fence.
Flags of governmental entities shall mean any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a national, state, or local governmental entity; provided that such flags are displayed for non-commercial purposes.
Flags of non-governmental entities shall mean any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a professional, religious, educational, commercial person, other organization or entity.
Flashing sign shall mean a sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on or off.
Freestanding sign shall mean any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
Frontage shall mean the length of the property line of any one premises along a public right-of-way on which it borders. A building or building complex which lacks frontage on a public right-of-way or buildings located on a private street have "internal frontage."
Ground Monument Sign
Changeable Copy Sign
Example 1: Sign, Ground (low profile)
Gas station price sign shall mean a changeable copy or electronic sign advertising fuel prices.
Government sign shall mean any temporary or permanent sign erected and maintained by the City, County, State, or Federal government, or in conjunction with the City, for public information, traffic control or for designation of or direction to any school, hospital, historic site, or public service, property, or facility.
Ground monument sign shall mean a sign mounted directly to the ground.
Hazardous sign shall mean a sign that by reason of design, inadequate maintenance, dilapidation, or obsolescence, or placement creates a hazard to the public health, safety and welfare.
Holiday decoration sign shall mean a temporary sign, in the nature of decorations, clearly customary and commonly associated with federal, state, local, or religious holidays and contains no commercial message.
Identification sign shall mean a sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
Illegal sign shall mean any of the following:
(1)
Sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use;
(2)
Sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises;
(3)
Nonconforming sign for which the amortization period has expired;
(4)
Sign that was legally erected but which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;
(5)
Sign that is a danger to the public or is unsafe;
(6)
An abandoned or obsolete sign; or
(7)
Sign that pertains to a specific event that has not been removed within 48 hours after the occurrence of the event.
Illuminated sign shall mean a sign illuminated in any manner by an artificial light source.
Incidental sign shall mean a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Indirectly illuminated sign shall mean illumination of a sign that is affected by a source of light not contained within the sign itself.
Inflatable sign shall mean any sign designed or constructed with the ability to be mechanically filled with air or gas that displays a commercial message or an identifiable corporate character or logo.
Internal sign shall mean a sign that is not visible or not intended to be viewed from outside the building.
Internally illuminated sign shall mean a sign that is illuminated by means of a light source in the interior of the sign so that light passes through the face of the sign.
Kiosk sign shall mean a freestanding bulletin board or information sign structure having more than two sides that is meant to provide announcements or direction to the public.
Logo sign shall mean signs owned and operated by an agent for the Nebraska Department of Roads. The signs are located in the right-of-way on interstate or primary highways. The signs are designed to accommodate businesses that furnish gas, food, lodging, or camping and meet any criteria established by the Nebraska Department of Roads.
Lot shall mean any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of indicating ownership or possession.
Maintenance shall mean the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Marquee sign shall mean any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. A marquee sign is any sign attached to (in any manner) or made a part of a marquee.
Master signage site plan shall mean the plan which a Property Owner submits to the Director containing a plot plan of the zone lot, the location of buildings, parking lots, existing signs, and landscaped areas, maximum sign area, individual sign area, sign height, maximum number of signs, and future sign locations.
Menu-board sign shall mean a permanently mounted sign displaying the bill of fare for a drive-through restaurant.
Mobile/vehicle sign shall mean a sign mounted on a motor vehicle, or trailer, or other framework, not permanently attached to a pole, building or other structure.
Monument sign shall mean an on-premises freestanding sign with the appearance of a solid base. The width of such base shall be at least fifty (50) percent of the width of the sign.
Moving sign shall mean any sign which in part or in total rotates, revolves, or otherwise is in motion.
Nameplate sign shall mean a sign not exceeding two square feet for each dwelling.
Neon sign shall mean a sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
Nit shall mean a unit of luminance equal to one candela (one candle) per square meter.
Nonconforming sign shall mean any sign existing or under construction on the effective date of this ordinance that does not conform to the requirements of this ordinance, including such signs upon zone lot premises which become subject to this ordinance after the date hereof.
Obsolete sign shall mean a sign that advertises a business no longer in existence or a product no longer offered for sale and has advertised such business or product for a period of six months after the termination of the existence of such business or the termination of sale of the product advertised.
Occupant shall mean a person in possession of the zone lot who has actual use and control thereof.
Off-premises sign shall mean a sign which directs attention to a specific business or activity other than one conducted or located upon the lot or parcel where such sign is located. An off-premise sign shall be characterized by a display or message which is not intended to change on a regular basis. An off-premises sign shall not be a changeable copy sign.
On-premise sign shall mean a sign which directs attention to a business, profession, activity, merchandise, service, or entertainment that is conducted, sold, produced, or furnished upon the premises where such sign is located. All signs referred to in this ordinance are on- premise signs except for billboards.
Open sign shall mean a sign attached to or hung from a marquee, canopy, or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line, or street lot line.
Outdoor advertising shall include the definitions of "Advertising Structure" and "Sign."
Owner of a zone lot shall mean any person in whom legal title to a lot, parcel, or other piece of real estate is registered as recorded in the Sarpy County Treasurer's Office. Notices under this ordinance shall be sent to the owner at the address on file with the Sarpy County Treasurer's office.
Painted wall sign shall mean a sign applied to a building wall with paint or similar substances on the face of a wall and which has no sign structure. A "Painted Wall Sign" is considered to be a wall mounted sign for calculation purposes.
Parapet sign shall mean a sign attached to that portion of a building's exterior wall that projects above the plate line of a building.
Pennant sign shall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, temporarily or permanently suspended from a rope, wire, string, or permanent support, usually in series, designed to move in the wind.
Permanent sign shall mean a sign reasonably anticipated to continue or endure and not to be removed. A sign that is fixed, lasting, and stable and not reasonably anticipated to be portable, transferable, temporary, or transient.
Person shall mean any individual, association, company, corporation, firm, organization, entity, joint stock company, limited liability company, trust, joint venture, business trust or partnership, singular or plural, of any kind.
Pole sign shall mean an on-premises sign built on a freestanding frame, mast, or pole(s) where the support (the freestanding frame, mast, or pole(s)) encompasses less than fifty (50) percent of the width of the sign.
Political sign shall mean a sign identifying and urging voter support for a particular election issue, political party, or candidate for public office.
Portable sign shall mean a sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character. Examples are: menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations (deliveries and transportation of personnel) of the business. This definition also includes any and all sandwich boards supported by human beings or animals.
Principal frontage shall mean the length of the zone lot line towards which the sign faces on any one premise, where such zone lot line abuts or is parallel to a public street, private way, or court. Principal frontage is measured from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
Projecting sign shall mean any sign affixed to a building or wall of any type of structure in such a manner that the leading edge of such sign extends more than six inches beyond the surface of such building or wall.
Property owner shall be construed to include, both jointly and severally, the owner of any zone lot, any agent thereof, and also any tenant, occupant, person in possession, charge or control of the zone lot, or any portion thereof, and also any sign owner
Public/traffic information sign shall mean a sign, usually erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Such signs include but are not limited to, speed limit signs, stop signs, city limit signs, welcome signs, street name signs, vehicle identification signs, pedestrian way-finding signs, and destination and directional signs.
Real estate sign shall mean a temporary sign that identifies property or properties that are for sale or lease.
Residential sign shall mean any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance in which it is located.
Roof line shall mean the top edge of the roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
Roof sign shall mean a sign identifying the name of a business, enterprise, or the product sold on the premises and erected on and over the roof of a building and extending vertically above the highest portion of the roof.
Roof (integral) sign shall mean any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Rotating signshall mean a sign which in its entirety or in part moves in a revolving or similar manner. Such motion does not include methods of changing copy.
Sandwich board sign shall mean an advertising or business ground sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member.
Searchlight sign shall mean a searchlight that is used to announce, direct attention to, or advertise businesses.
Setback shall mean the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
Sign shall mean any device, fixture, placard, or structure that uses any color, form, figure, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to offer direction, or to communicate information of any kind to the public.
Sign area shall mean the area of a sign face computed using the smallest square, circle. rectangle, triangle, or combination thereof that encompasses the extreme limits of the writing, representation, emblem, projection, or other display, together with any integral or differentiating background. The sign area does not include supporting framework, bracing, or decorative fence of wall that meets zoning ordinance regulations and is clearly incidental to the display itself.
Sign base shall mean any structural element extending upward from grade to the base of the sign.
Sign copy shall mean any combination of letters or numbers which are intended to inform, direct or otherwise transmit information.
Sign copy area shall mean the area of the sign occupied by sign copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers.
Sign face shall mean an individual surface of a sign that offers information to advertise, to announce, or to identify the purpose of a person or entity, or to offer direction or to communicate information of any kind to the public.
Sign gross area shall mean the entire area within a single continuous perimeter enclosing the extreme limits of a sign. However, this perimeter shall not include any structural elements lying outside of the limits of the sign and not forming an integral part of the display.
Sign height shall mean the vertical distance measured from the highest point of the sign, excluding embellishments of not more than five feet in height above the sign, to the average ground grade beneath the sign.
Sign owner shall mean each person in which the ownership, dominion or title of a sign is or will be vested, including, but not limited to, the owner and/or lessee thereof.
Sign setback shall mean the horizontal distance from the property line to the nearest projection of the existing or proposed sign.
Sign stacking shall mean the placing of one sign above another at the same location.
Sign structure shall mean the base, supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single-faced, double-faced, or V-type or otherwise.
Sign surface shall mean the entire area of a sign.
Signage plan shall mean a scaled or dimensioned graphic representation showing a comprehensive detailed presentation of all signage proposed for a particular lot.
Snipe sign shall mean an off-premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects.
Special event sign shall mean a sign advertising display that is temporary in nature, is not permanently attached to the ground, building or sign structure surface, and is used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going- out-of-business sales, fire sales, and promotions.
Static dwell time (see "Dwell Time").
Static message shall mean an advertisement or message which, when displayed contains no motion, flashing, changeable copy, running lights, variations in brightness, or animation.
Street shall mean a strip of land or way subject to vehicular traffic or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevard, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
Street frontage shall mean the length of a zone lot line of any one premise, abutting and parallel to a public street, private way, or court. Street frontage is measured from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
Subdivision identification sign shall mean a sign that is permanently constructed at the entrance(s) of the subdivision and identifies a recognized subdivision, condominium complex, or residential development, and includes the name of the subdivision in the form of attached letters or sign. The subdivision entrance sign may include specific types of landscaping such as water, stone, brick, etc.
Subdivision Identification Sign
Suspended sign shall mean a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Temporary freestanding sign shall mean a sign with or without a post or other support structure designed to be displayed upon or inserted into the ground, be self-supporting and not permanently attached to any structure, building, motor vehicle, or the ground, intended for a limited display for identifying a special, unique, or limited activity, service, product, or sale of limited duration. Such signs are commonly freestanding or attached to a wood stake or are designed with a metal frame which is inserted or temporarily anchored into the ground, and is designed and constructed to be movable from one location to another.
Temporary portable sign shall mean a movable reusable sign structure made or durable material, mounted on wheels and towed or on a rigid frame and trucked, which is regularly and periodically moved from parcel to parcel.
Tenant shall mean a person or entity who holds or possesses realty and/or personal property of another. A tenant has the temporary use and occupation of real property or the personal property owned by another person or entity, the duration and terms of the tenancy being usually fixed by an instrument called a "lease."
Tethered sign shall mean a sign which is anchored by a rope, wire, chain or similar method.
Time and temperature sign shall mean an electrically controlled sign which contains only public service, time, temperature, and/or date information.
Transition time shall mean the duration or interval of time between which each individual advertisement or message is displayed on any sign which is capable of sequentially displaying more than one advertisement or message on its display surface.
Tourist oriented directional sign shall mean a sign owned and operated by a contracted agent of the Nebraska Department of Roads and located in the right-of-way on rural highways and cannot be erected on the interstate or interchanges on expressways. These signs shall meet all applicable criteria established by the Nebraska Department of Roads.
Video sign shall mean any on-premises or off-premises sign that conveys either a commercial or non-commercial message, including a business or organization name, through means of a television or other video screen. (See also "Animated Sign").
Wall sign shall mean any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
Wall Sign
Warning sign shall mean a sign located on a property posting such property for warning or prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity.
Window sign shall mean any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Zone lot shall mean a parcel of real estate or land that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by any applicable zoning regulations.
(Ord. No. 3647, § 1, 11-28-2011; Ord. No. 3566, § 1, 3-22-2010)