Lincoln Municipal Code Ch. 16.03 Temporary Signs

The city council finds that temporary signs are necessary to further the goals and objectives of the city's general plan.

(Ord. No. 897B, § 2(Exh. A), 3-24-2015)

All temporary signs, unless otherwise noted herein, require the issuance of a temporary sign permit (which may require issuance of an encroachment permit).

(Ord. No. 897B, § 2(Exh. A), 3-24-2015)

Unless otherwise stated, the following regulations apply on a per-lot basis:

(1) Real Estate Signs. Real estate signs for the sale or lease of property are exempt from the fee and permit provisions of this title, provided however, real estate signs shall comply with the following regulations:

a. Individual homes or a vacant lot for an individual home is permitted one on-site freestanding real estate sign not to exceed six square feet in area and six feet in height. One off-site freestanding real estate sign not to exceed six square feet in area and six feet in height is also permitted with the consent of the off-site real property owner.

b. All other property either developed or vacant is permitted one on-site freestanding real estate sign for every one thousand lineal feet of street frontage or portion thereof, not to exceed thirty-two square feet in area and six feet in height per sign. One off-site freestanding real estate sign for every one thousand lineal feet of street frontage or portion thereof, not to exceed thirty-two square feet in area and six feet in height per sign, is also permitted with the consent of the off-site real property owner.

c. Real estate signs shall be removed upon sale or lease of the property.

(2) Off-Site Real Estate Signs. Off-site open house directional signs within the scope of Civil Code 713 (real estate for sale, etc.) are exempt from the fee and permit provisions of this title provided the following requirements are complied with:

a. Such signs shall be displayed only while an open house is actually in progress, and a residence is actually open to prospective buyers at all times while the sign is displayed. Signs shall be removed by sunset of the day on which the open house is held. No such sign shall remain on display between sunset and sunrise.

b. Such signs shall be freestanding, and shall not exceed six square feet per face. Each sign may have a maximum of two faces.

c. Maximum height shall be four feet.

d. Signs shall not be located within the site distance triangle as denoted in the city's design criteria and procedures manual and the public facilities improvement standards.

e. No open house directional sign shall be placed on vehicles of any kind.

f. No temporary open house directional sign shall be placed on city property.

(3) Subdivision Identification and Directional Signs. On-site subdivision identification signs may be allowed with sign permit approval, in compliance with the following standards:

a. A maximum of three on-site signs may be located within the project boundaries; provided, no more than one sign for each street frontage is allowed, and multiple signs shall be separated by a minimum of seventy-five feet;

b. The area of each sign shall not exceed twenty-four square feet;

c. Sign height shall not exceed six feet;

d. The signs shall not be illuminated; and

e. The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever first occurs.

(4) Subdivision Directional Signs, Off Site. Off-site signs providing directions to a new subdivision may be allowed with a sign permit, and shall comply with the following standards:

a. A maximum of three off-site signs may be located on private property (not within any public right-of-way);

b. The total area of each sign shall not exceed thirty-two square feet;

c. The height of each sign shall not exceed eight feet;

d. The signs shall not be illuminated;

e. The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever occurs first;

f. The signs shall not affect pedestrian or vehicular safety;

g. The signs shall be removed when the last home within the subdivision is sold. Any sign found in violation of any provision herein may be removed by city personnel; and

h. The signs shall be located within five miles of the exterior boundary of the subdivision.

(5) On-Site Project Development Signs. Project identification signs of current and pending development applications are allowed with a sign area of up to thirty-two square feet and a six-foot height limit on the property to be developed. For purposes of this section, project development signs mean the name of the development, location, and way finding directions.

(6) Field Sponsorship Signs. Temporary sponsorship signs located on city recreation fields and facilities.

a. The purpose of field sponsorship is to provide the City of Lincoln and other local nonprofit youth organizations a means to generate revenue by selling sponsorship banners for display at the facilities they predominately use for their programs and play a role in maintaining.

b. Sponsorship under this program will include the placement of banners expressly set forth herein, but shall in no way entitle the sponsor or permitted organization to additional rights of use or access, or ownership in any way, of any facility.

c. By permitting temporary field sponsorship signs at city-owned or operated recreation fields or facilities, the city is not creating an unlimited public forum for free expression or speech at these locations. Any and all temporary field sponsorship signs located and permitted at city-owned or operated recreation fields or facilities shall comply with the following standards:

1. The signs shall be reasonably suitable for viewing by all ages;

2. The signs shall not contain nudity;

3. The signs shall not contain sexual images;

4. The signs shall not contain depictions of violence;

5. The signs shall not advertise businesses primarily associated with adult-related products or services, such as tobacco products, alcohol products, or adult-oriented businesses;

6. The signs shall not contain any obscene, indecent or profane images or language, including, but not limited to, those indecent words that were the subject of the case F.C.C. v Pacifica Foundation, 438 U.S. 726 (1978)

d. General provisions.

1. No individual, including sponsors, shall have the authority to move or otherwise alter a displayed banner in any manner unless that individual is acting under the direction of the City of Lincoln.

2. Banners displayed at ball fields shall be limited to outfield fencing facing the field of play and to backstop areas. Banners displayed at other permitted locations shall be limited to fencing that faces the programming area.

3. No banner shall exceed thirty-two square feet.

e. Permitted locations.

1. Wilson Park softball fields.

2. Larry Costa Field at McBean Park.

3. Foskett Regional Park softball fields.

4. McBean Pool.

(7) Temporary Business Advertising Signs. Temporary business advertising signs will be allowed to be placed on a business for a maximum timeframe of ninety days.

a. Businesses shall be limited to two advertising signs per business.

b. A temporary business advertising sign shall not be freestanding and shall only be affixed to the façade of the building, including canopies or awnings. Banner signs shall not be affixed to any other permanent or temporary structures, including freestanding walls, fences, and utility poles.

c. Banner signs shall not extend above the roofline or parapet of the building.

d. The total maximum square footage allowed for a temporary business advertising sign is thirty-two square feet.

(8) A-frames and Portable Sidewalk Signs. A-frame and portable sidewalk (hereinafter known as 'portable signs') signs shall not be located in such a manner as to create a traffic safety issue by blocking sight visibility from a city street or private driveway and be subject to the following requirements:

a. One portable sign shall be permitted per business.

b. Each portable sign shall not exceed a width of thirty inches. Portable sign height shall be limited to forty-eight inches. Portable sign height shall be measured perpendicular from the placement surface to the highest point of the portable sign. Both sides of the portable sign will be permitted display surface.

c. The portable sign shall be constructed of professional quality materials (stenciled plywood is prohibited).

d. Portable signs shall be located on private property (or in the public right-of-way as noted under subsection e. of this section), which may include privately owned commercial property landscape setbacks. Portable signs are prohibited in the public right-of-way, including medians and sidewalks, and shall not block accessible paths of travel or inhibit sight distance for ingress and egress.

e. Portable signs in the public right-of-way - the applicant shall procure an encroachment permit and furnish and maintain in full force and effect throughout the term hereof, a policy or policies of liability and property damage insurance, with a reputable insurance company. Such insurance shall be approved by the director as to limit, form, and amount. The applicant shall provide the city with a certificate of said insurance coverage, naming the city as an additional insured and provide coverage in the amount as established by the city. Failure to maintain the appropriate insurance will be grounds for the revocation of the permit authorizing the placement of signage within the public right-of-way.

f. The city engineer reserves the right to change any permitted portable sign location that in his/her opinion is a sight visibility problem.

(9) Political Signs. Notwithstanding any other provision of this title, temporary political signs pertaining to an election to any public office or ballot measure shall be subject to the following requirements:

a. No sign shall exceed thirty-two square feet.

b. No sign shall be place on public property or within any public right-of-way.

c. No sign shall be erected earlier than sixty days prior to the election to which it pertains, and shall be removed within twenty-one days after such election.

d. No sign shall be placed on private property without the permission of the property owner. Signs with areas sixteen square feet or larger will require written permission from the property owner, and the property owner shall also provide written permission to allow the city to enter the property and remove the sign(s), if the responsible person on organization fails to do so. For signs sixteen square or larger, if the property owner is absentee, written permission will not be required provided the sign is placed based on verbal agreement of the property owner or authorized designee, and the person placing the sign(s) provides the city with the name and contact information of the person giving permission and the date the permission was obtained.

e. No signs shall be erected until the responsible person or organization has placed a two hundred fifty dollar refundable deposit with the city clerk's office. This deposit, less any charges for removal of unlawfully placed signs, shall be refunded if the signs are removed within twenty-one days after the election for which the signs were erected. For signs sixteen square feet or larger, at the time the deposit is made, the responsible person or organization shall provide the city clerk's office with a map showing the locations of the signs and provide copies of the private property owner's written permission for the erections and removal of the signs or the information required based on verbal agreement to place the signs. The map shall be updated within three working days if additional signs are placed.

f. Private businesses, whose business is placing political signs, shall acquire a business license from the City of Lincoln before placing any signs within the city limits. Private businesses hired to place signs within the city limits are required to follow the terms of this title. Private businesses that do not obtain a business license or violate the terms of this title may be subject to fines of up to one thousand dollars.

(Ord. No. 897B, § 2(Exh. A), 3-24-2015)