Lincoln Municipal Code Ch. 16.04 Definitions

For purposes of this title, the following words and phrases shall have the meanings given below:

"A-frame sign" means a sign that is designed to be moveable and is not structurally attached to the ground, a building or any other sign; and generally has an "A" shape, or vertical orientation with a base.

"Abandoned sign" means a sign whose message describes the availability of goods or services at a location where such goods or services are no longer available and have ceased to be available for a period of at least sixty days; or in the alternative a sign which is noncommercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding sixty days. Such abandonment shall include negligent or intentional conduct such as failure to pay taxes or permit fees, or failure to maintain the sign.

"Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification or letters.

"Air dancer sign" means an inflatable device comprising a long tube attached to a fan which causes the tube to move in a dancing or flailing motion. Airdancers are generally called an inflatable tube or a moving figure, such as "windyman", "skydancer", "tube man", and "flyguy".

"Animated sign" means any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial to depict action or create visual motion or the appearance of visual motion. Animated signs include mannequin signs.

"Area of window" means the total square footage of all glass areas of a storefront. This would include all areas of glass windows, doors, side lights and transoms, fixed or operable, located on any elevation of the building.

"Balloon sign" means a sign made of flexible material or fabric that is made to take on a three-dimensional shape (to blow up like a balloon) when filled sufficient volume of air or gas. Commonly used as a temporary sign for special events or promotions.

"Banner sign" means a temporary sign made of nonrigid material such as fabric, canvas, plastic or paper, and without an enclosing rigid framework.

"Billboard" means a sign which meets one or more of the following criteria:

(1) A permanent sign structure which is used for the display of off-site commercial messages;

(2) A permanent sign structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use of the parcel on which it is located;

(3) An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or in the same development as the sign), in exchange for a rent, fee, or other consideration; or

(4) An off-site outdoor advertising sign on which space is leased or rented.

"Building sign" means a sign attached to a building and includes, but is not limited to, wall signs, banners, under-canopy signs, projecting signs, awning signs, and window signs.

"City property" means real property owned by the city which may include parks, developed or undeveloped properties, easements, dedications and rights-of-way.

"Commercial sign" means any sign, wording, logo, or other representation that advertises a business, location, product, service, or other commercial activity.

"Commercial speech" is speech expressed on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product.

"Community sign" means a multi-sided sign structure with a unified design theme accommodating individual directional sign panels; also referenced as a "kiosk."

"Community event" means an event that is open to the public and occurs at a specific place, time, and date(s), hosted by a public agency or a community service organization, which occurs within the area established by the adopted City of Lincoln Sphere of Influence.

"Community service organization" means a nonprofit organization which holds events that are open to the public and located within the city's sphere-of-influence.

"Content neutral" means time, place and manner regulations: consistently applicable nondiscriminatory sign regulations that specify, without reference to the content of the message, when, how and where a sign can be displayed, with physical standards, such as but not limited to height, size and location, that allow the sign to be readable.

"Developed lot" means a lot or parcel containing a structure intended for occupancy.

"Directional sign" means any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

"Director" means the community development director of the City of Lincoln or designated representative.

"Electronic message center or sign (EMC)" means an electrically activated, changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source.

"Feather sign, feather banner," or "feather banner sign" means a flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.

"Flag" means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. Includes, but is not limited to, pennants, which are generally triangular in shape.

"Flashing sign" means an illuminated sign in which artificial or reflected light is not intended to be maintained in a stationary or constant intensity. This includes an electronic reader board.

"Freestanding sign" means a sign which is self-supporting in a fixed location or supported on the ground by poles or braces, and not attached to a building or other structure.

"Freeway interchange" means the right-of-way line of freeway ramps. Where improvements are proposed to the interchange, at the discretion of the city engineer, the right-of-way of the proposed interchange may be used for determining eligibility and location for freeway pole signs.

"Illegal sign" means a sign which is not a nonconforming sign and does not meet the requirements of this title.

"Illuminated sign" means any sign utilizing an artificial source of light (internal or external) to enhance its visibility.

"Institutional uses" means a nonprofit, educational, hospital, museum, public, or religious use (for example, church, public or private library, or school) or a government-owned or operated land use or structure used for a public purpose.

"Mobile messaging sign" or "mobile messaging billboard" means any off-site sign which is attached to or painted on a vehicle, the principal purpose of which is general advertising, directing people to a business or activity. This section is not intended to apply to standard identification practices where such signs are temporarily or permanently attached to business vehicles that are in working conditions and are used regularly in the business or activity.

"Noncommercial sign/message" means any sign with a message that is not commercial in nature and which is designed to express political speech, religion, arts, science, the environment, and commentary on governmental policy. Noncommercial signs shall also include community event signs.

"Nonresidential sign" means any sign that is not residential in nature. Such signs may relate to a church (churches are allowed in R-districts) sign either on the building or freestanding.

"Nonconforming sign" means a sign which, though lawful when erected, would be prohibited under later-enacted changes to the regulations applicable to it.

"Obscene sign" means a sign that contains "obscene matter" as defined by Penal Code Section 311.

"Off-site sign" means any sign which advertises goods, products, services, establishment or facilities not sold or offered at the property on which the sign is located.

"Owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

"Portable sign" means all of the following within this definition:

(1) Any sign not permanently attached or designed to be permanently attached to the ground or other permanent structure;

(2) Any A-frame signs;

(3) Menu and sandwich board signs; or

(4) The functional equivalent of any of these categories. Commercial mascots are not within this definition.

"Projecting sign" means a sign which uses a building or structure as its main source of support and contains copy that is perpendicular or at an angle to the building face. Also called blade sign.

"Public forum" means city-owned parks, the surfaces of city-owned streets and, subject to the limitations set forth herein, sidewalks forming the city's vehicular and pedestrian circulation system. Sidewalks and associated rights-of-way located along the outside perimeter of the city hall complex are included within this definition. Specifically excluded from this definition, and in no way to be construed as a traditional public forum, is the interior of the city hall complex. As of the effective date of this title, the city hall complex consists of three buildings, internal roads and sidewalks, parking lots, a parking structure, adjacent recreation areas (inclusive of Memorial Park located east of the historic city hall), and pedestrian grounds.

"Real estate sign" means a sign advertising that real property is for sale, lease, or exchange by the owner or his agent, giving directions to the property, and giving the owner's or agent's name, address, and telephone number.

"Right-of-way" means the area or those areas dedicated for public use for public streets and sidewalks, including but not limited to, roadways, parkways, alleyways, sidewalks, medians, and landscape planter areas.

"Roofline" means the line formed by the junction of the top surface of the roof and the outside wall of any building, excluding any structure constructed solely as an architectural feature to extend height or to screen equipment.

"Roof sign" means a sign placed upon, projecting from or extending above the eaves of the roof or the roof itself. A sign hanging from and below the eave is not a roof sign.

"Service club signs" means community signage, such as community bulletin boards, service club signs, and information sign kiosks which the design and locations are determined by the director.

"Sign" means a temporary or permanent public display of visible images which, either directly or indirectly, advertises, informs or identifies persons, businesses, commodities, services or ideas by the display of any communicative image or graphic, that attracts attention, when such is visible from any portion of the public right-of-way or from a private right-of-way that is open to public use, or any exterior place which is open to the public. The word "sign" includes, but is not limited to, all writing, trademarks, graphic illustrations, and lighting primarily directed at facilitating communication, as well as supporting structures within sign area. Notwithstanding the generality of the foregoing, as applied to this title and Chapter 16.02, the following are not within the definition of sign:

(1) Aerial signs or banners towed behind aircraft;

(2) Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function;

(3) Fireworks, etc.;

(4) Foundation stones and cornerstones;

(5) Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased;

(6) Historical plaques;

(7) Holiday and cultural observance decorations on private property which are on display in season for not more than forty-five calendar days per year (cumulative, per parcel or use) and which do not include commercial advertising messages;

(8) Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

(9) Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city;

(10) News racks and newsstands;

(11) Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks etc. (but not including commercial mascots or handheld signs);

(12) Shopping carts, golf carts, horse-drawn carriages, and similar devices; any motorized vehicle which may be legally operate upon a public road is not within this exclusion;

(13) Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary etc.;

(14) Temporary business advertising sign. A banner sign that is relocatable, removable, and otherwise not permanent or affixed to a structure when used only for grand openings, promotional events, sales or advertising for a limited duration. This does not include the use of balloon signs, flags or pennants.

(15) Vehicle and vessel insignia. On-street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

(16) Vending machines, automated intake devices, and product dispensing devices which do not display offsite commercial messages or general advertising messages;

(17) Window displays. The display of merchandise in a store window, when such merchandise is offered to the public for sale.

"Sign area" means the area of a sign with borders and/or background is measured by a single continuous perimeter enclosing the exterior limits of the border or background. The necessary supports, uprights or base upon which the sign is placed shall be excluded from the sign area. The sign area of an individually lettered sign without background is measured by enclosing the entire sign with a set of parallel vertical and horizontal lines.

"Sign height" means the vertical distance measured from the highest point of the sign to the upper surface of the grade beneath the sign. Unless otherwise defined herein.

"Special event sign" means any sign which is erected on a temporary basis and advertises the sale of new products, new management, new hours, new service, promoting a special sale/event, including grand openings/closings, promotional sales, change of business address, change of ownership or lessee, business anniversaries, seasonal events, and/or holiday-oriented sales.

"Street frontage" means the horizontal distance of a lot or portion thereof which abuts a public or private street.

"Temporary sign" means a sign intended to display either commercial or noncommercial messages of a transitory or temporary nature, which by virtue of its construction from lightweight materials, and its installation with ordinary hand tools, is not physically suitable or intended for long-term display.

"Tenant building frontage" means the horizontal distance of a building or portion thereof occupied by a tenant measured along a wall facing a street, parking area, open space or pedestrian walkway.

"Under canopy sign" or "under marquee sign" means a sign attached to the underside of a canopy or marquee.

"Useful life" means the period of time over which a sign may reasonably be expected to be useful to the owner of a sign in his or her trade or business or in the production of income. Signs within the scope of Business and Professions Code Section 5490 are presumed to have a useful life of fifteen years. For all other permanent signs, when a sign manufacturer's estimate of useful life is available, that may be presumed to be accurate, unless there is contrary evidence.

"Wayfinding sign" means destination and directional signage to guide visitors to primary and secondary attractions in the city and the placement and design of such signs is determined by the director.

"Window sign" means a sign attached to, placed or painted upon, or placed within eighteen inches of, the window or glass door of a building, and/or is solely intended for viewing from the exterior of such building.

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