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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. “Advertising sign” means a sign or billboard which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises.
2. “Allied business” means the same or similar business with common name such as new and used auto sales.
3. “Area identification sign” means a freestanding sign which identifies the name of a commercial or industrial complex consisting of three or more businesses.
4. “Area of sign” means that area within the marginal lines or extreme outside edge of the surface which bears and/or supports the advertisement (sign cabinet), or in the case of messages, figures, or symbols attached directly to any part of a building (no sign cabinet), that area which is included within three geometric shapes which can be made to circumscribe any message, figure, or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area.
5. “Awning” means an attached canopy or similar structure designed to provide cover for entrances, walkways, and windows.
6. “Balloon sign” means an inflatable balloon or device used to draw attention to a business or product.
7. “Banded areas” means that portion of a building generally located along the front which is constructed for purposes of attaching building signs in a consistent and coordinated manner.
8. “Banner” means a temporary display of information on material such as canvas or plastic.
9. “Bench sign” means a sign attached to or a part of a sitting bench.
10. “Billboard sign” – see “advertising sign.”
11. “Building sign” means a sign attached to the exterior wall of a building.
12. “Business sign” means a sign which directs attention to the business or profession conducted on the premises. A “For Sale,” “For Lease” or “Information” sign is deemed a business sign. In order to be considered a business sign rather than an advertising sign, all of the gross surface area of the sign must pertain to the major functions or name of the business, the trade names of primary products or goods manufactured or sold on the premises.
13. “Changeable sign” means a sign or portion of a sign with separate inset letters, pictures, and/or symbols which can easily be removed and which are periodically changed. See also “reader board sign.”
14. “Construction sign” means a sign used temporarily at the construction site identifying the contractors, financer, supplier, and/or builder.
15. “Copy area” means the total area of the smallest three geometric figures that can be drawn around the sign cabinet or message on a sign.
16. “Development project sign” means a temporary sign located on the site of a new development, listing owners, developers, builders, and similar identifying information.
17. “Directional sign” means a sign erected upon private property to provide pedestrian or traffic directions and which may bear a company logo or color scheme in addition to the directional arrow or word message and may contain no additional advertising information.
18. “Double face sign” means a sign displaying identical information on opposite sides.
19. “Driveway median” means a raised median intended to divide or channel vehicular traffic.
20. “Flashing sign” means any illuminated sign on which the artificial light is not maintained both stationary and constant in intensity and color at all times when a sign is in use excluding electronic reader board signs and electronic video signs.
21. “Freestanding sign” means a pylon or ground sign that is not part of the principal structure.
22. “Gasoline pump island canopy” means a structure that provides shelter over gasoline pump islands.
23. “Grade of sign” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the sign and a line five feet from the sign.
24. “Ground sign” means a sign, which is not a pylon sign, erected upon or supported by ground and not attached to any building.
25. “Identification sign” means a sign which bears the name and/or address of the occupant of the building.
26. “Illuminated sign” means any sign which has characters, letters, figures, design, or outline illuminated by electric lights or luminous tubes as part of the sign proper.
27. “Informational sign” means a sign, not intended to be viewed from off-site, that identifies building functions and is attached thereto, such as car wash bay or drive-in window.
28. “Major anchor/center sign” means a specially designed, masonry clad, freestanding sign used to identify single-tenant buildings that are in excess of 100,000 square feet or multi-tenant centers in excess of 150,000 square feet in building size.
29. “Menu board” means a sign listing drive-up items in conjunction with a business serving customers in a car.
30. “Monument development sign” means a ground sign intended to permanently identify by name a residential development.
31. “Moving device” means a device which moves or rotates to attract attention for advertising purposes.
32. “Multi-occupancy building” means a building designed to be occupied by two or more separate businesses.
33. “Non-commercial sign” means any sign that presents a message that is political, philosophical, social, or personal and does not advertise or sell a service, product, or other commercial undertaking.
34. “Pennant” means a small flag used for decorative purposes or to attract attention.
35. “Political sign” means a temporary sign which displays information pertaining to an upcoming governmental district, city, county, state, or national election.
36. “Portable sign” means a sign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a panel supported by legs or wheels and/or a mobile structure such as a trailer, panel truck, semi-truck trailer, or other device whose primary function during a specific time period is to be stationary and used as a sign.
37. “Promotional sign” means a temporary sign which shall not exist for more than 30 days which promotes civic events or promotions limited to City-recognized activities, events, and/or celebrations.
38. “Pylon sign” means a freestanding sign erected upon a single post or posts or shafts that converge at a common base with the posts not more than 15 feet apart, with the display portion mounted on top thereof.
39. “Reader board sign” means a sign with separate inset electronic panels, letters, and/or symbols or changeable copy which can be easily removed and which are or is periodically changed. Electronic message boards are considered reader board signs if a single message is displayed for not less than seven (7) seconds and the text messages are in amber or a similar color with equal or lesser intensity colored lights. See also “changeable sign.”
40. “Real estate sign” means a sign intended to aid on the sale, rental, or lease of real property.
41. “Rear identification sign” means a sign located adjacent to the rear entrance to individual businesses to clearly identify the location for “deliveries.” This identification sign shall not be considered in computing the maximum permitted sign area for a business.
42. “Revolving sign” means a sign which rotates at a constant rate of revolutions per minute.
43. “Roof line” means that line at which an exterior wall surface of a building structure departs from a vertical plane.
44. “Setback for a sign” means the shortest distance between a property or public right-of-way line and the surface or main supporting structure of a sign, whichever is closest.
45. “Sign” means an accessory use depicting a name, identification, description, display, illustration, structure, device which is affixed to or painted or represented directly or indirectly upon a building, or other allowed outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.
46. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
47. “Temporary sign” means any sign which is erected for a limited time and/or special purpose.
48. “Traffic directional sign” means a sign erected by a public agency for the purpose of guiding vehicular and pedestrian traffic in a safe and convenient manner and which bears no advertising information.
49. “Video sign” means a sign containing electronic panels capable of producing full color video images and intended for this purpose to display full motion video similar to television or motion picture images
50. “Visibility triangle” means a triangular area established at the intersection of streets and driveways protected from encroachments greater than 30 inches tall and intended to protect the line of site of drivers, pedestrians, and bicyclists.
51. “Digital advertising sign” means an off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital advertising sign shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. A digital advertising sign shall not be considered a flashing sign, changeable sign or reader board sign.
(Ord. 1736 – Oct. 12 Supp.)
52. "Flag" means any sign printed or painted on cloth, plastic, canvas, or other like material with words, colors, patterns, or symbols that is attached or appended to a pole, staff, line or framing.
(Ord. 2074 - Jan. 22 Supp.)
The following outdoor signs are permissible without a permit or payment of permit fees provided the standards and restrictions in this section are met.
1. Development Project Signs.
A. On-Site Residential Sign. One temporary on-site development project sign shall be permitted for each plat within a subdivision in any residential zoning district (including multiple dwelling) under the following conditions:
(1) The sign shall only be permitted for a residential plat after the final plat has been filed;
(2) The sign shall be located at least 30 feet from any existing or to be occupied dwelling unit;
(3) The sign shall be removed when the residential plat is 95% built out or the multiple dwelling project is 75% sold or rented; and
(4) Where more than one builder is involved in a residential plat, there still shall be only one sign as described above, which may list the builders for the plat.
B. On-Site Commercial and Industrial Signs. One temporary on-site development project sign shall be permitted in any commercial or industrial zoning district under the following conditions:
(1) The sign shall only be permitted after the final plat has been filed;
(2) The sign shall not be located upon a developed lot and shall be removed within three months after the lot upon which it is located is developed, whereupon it may be moved to another vacant lot within the subdivision; and
(3) The sign shall be removed when 95% of the lots in the plat are built upon.
C. Construction Signs.
(1) One-Family and Two-Family Residence Districts. Total number of signs allowed per street frontage shall not exceed one sign for each 20 feet of lot frontage on the public or private street. The aggregate area of all construction signs shall not exceed 100 square feet. No individual sign shall exceed 32 square feet.
(2) Multi-Family, Commercial, and Industrial Districts. Total number of signs allowed per street frontage shall not exceed one sign for each 50 feet of lot frontage on the public or private street. The aggregate area of all construction signs shall not exceed 200 square feet. No individual sign shall exceed 64 square feet.
This sign or signs shall only be permitted while development or construction activity is occurring on the project and shall be removed before the building or any part thereof is occupied.
2. Informational Signs.
A. Informational signs, attached to a building, shall be permitted in order to locate building functions such as a car wash bay or drive-in window.
B. Informational signs shall meet building sign requirements for maximum height, shall be allowed for each bay, door, or window at a size not to exceed six square feet in area each, and shall be in addition to any other business signs permitted by this chapter.
3. Directional Signs.
A. On-site directional signs, not exceeding a maximum of two square feet per sign, shall be permitted in any multi-family, commercial, industrial, or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner.
B. Off-site directional signs may be permitted by the City Council to direct the public to emergency facilities.
4. Real Estate Signs.1
A. One temporary sign per street frontage advertising buildings for rent and for sale shall be permitted in the front yard or front side of the building. The sign shall be removed within ten days after the property is rented or the closing of the sale.
B. Open house signs, which state that a particular house will be open for inspection by the public for a limited number of hours on a specific day, only during the day of the open house. Signs may be placed within a ½-mile radius of the open house except as noted in paragraph C of this subsection.
C. Open house and for sale signs shall not be placed within street rights-of-way, easements, roadway surface, sidewalks, medians, and decorative surfaces, or within 300 feet of major arterial street intersections. Any sign so placed is a nuisance and traffic hazard and is hereby determined to be in violation of the sign regulations.
1
The provisions of this section become effective on July 1, 2008.
5. Promotional Signs. In promotion of a special civic event recognized by the City Council, signs not exceeding 32 square feet in area, for each sign, are permissible for no more than 60 days before the first day of an event, celebration, or festival and shall be removed immediately upon the completion of the event, celebration, or festival. Signs permitted under this subsection may be located in any zoning district subject to the permission of the property owner.
6. Pump Island Signs. A double faced or a single face sign with a single side not in excess of three square feet shall be permitted on each gasoline pump and not intended to be viewed from off-site.
7. Pedestrian Awning or Canopy Sign. A business sign, limited to one foot in height and six feet in length, may be located upon the front of a building or canvas awning, provided that the awning is attached to the building and meets the minimum building setbacks of the City’s zoning ordinance. A pedestrian awning or canopy sign may be placed under the canopy, perpendicular to the pedestrian walkway, provided it is at least eight feet above the pedestrian walkway.
8. Rear Entrance Identification Signs. Rear entrance identification signs not exceeding six square feet in copy area shall be permitted as building signs located adjacent to the rear entrance to individual businesses to clearly identify the location for “deliveries.” The identification sign shall not be considered in computing the maximum permitted sign area for a business.
9. Political Signs.
A. Temporary political campaign signs may be placed no more than 12 months prior to and shall be removed within ten days after the election for which they are applicable.
B. In all cases where campaign signs are not removed within the time limit allowed or after notice to be removed by the City, the City may cause the signs to be removed and the cost of removal shall be charged to the person named on the sign.
(Ord. 2074 - Jan. 22 Supp.)
10. Non-Commercial Signs. In any residential district, no more than three non-commercial signs per lot, up to 6 square feet each are allowed.
(Ord. 2074 - Jan. 22 Supp.)
11. No Trespass/No Hunting Signs. No trespass, no hunting, and similar restrictive signs, not to exceed two square feet in area, may be placed upon private property by the owner.
12. Garage Sale Signs. Signs advertising garage sales shall be limited to a maximum of three days for each sale. Signs shall not exceed three square feet in area and shall not be placed within public rights-of-way, on any sidewalk, street, or driveway median. Signs may be placed within one-half mile of the garage sale location, but not within 300 feet of a major arterial intersection.2
2
The provisions of this subsection are effective July 1, 2008.
13. Bench Signs. Signs painted upon or otherwise attached to or a part of a sitting bench at a DART designated bus stop shall be permitted in any district.
14. City, County or State Signs. Signs erected by the City, County, or State are allowed.
15. Park and Ride Site Signs. The Des Moines Area Regional Transit authority shall be permitted to erect signs to identify park and ride site locations and bus stops with suitable signs, provided permission for the signage has been obtained from the property owner.
16. Address Numbers. Address numbers less than six square feet in total copy area are not subject to the maximum sign area provisions of this chapter.
17. Public Interest Landmark Signs. Public interest landmark signs (such as Uptown entry gateways, park signs) may be erected on property which is owned or controlled by the City and must be approved by the City Council.
18. Table of Temporary Sign Size Regulations concerning size requirements shall be as detailed in Appendix A of this chapter.
19. Flags. In any residential district, up to four flags per lot, up to 15 square feet each are allowed. All flags shall be setback a minimum of five feet from all property lines and shall be no taller than eight feet. Flags may exceed eight feet in height if located on a bona fide flag pole and in that instance the height shall not exceed 35 feet.
(Ord. 2074 - Jan. 22 Supp.)
The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the City and payment of permit fees, providing the standards and restrictions in this section are met.
1. Building Signs; Location on Building. Building signs shall be permanently affixed to buildings according to the following requirements:
A. Prior to issuance of a sign permit, the owner of the building shall designate a signage plan for all sides of single- or multi-occupant buildings. The signage plan shall include the maximum height and width of signs, materials, and colors to be used on signs and the location and dimensions of the sign area. All building signs shall be affixed to a building wall, within the designated sign area, and shall not exceed the allowable dimensions of this chapter. All signs proposed by building owners or tenants shall adhere to the requirements outlined in the signage plan for the building.
B. The sign locations designated shall be located no higher than the top of the parapet walls or the overhang of the roof.
C. In multi-story buildings, no signs shall be permitted above the ceiling of the first floor, except a sign may be allowed on the second floor of a multi-story building provided that the second floor is the top floor or has an exterior entrance; and except as provided in subsection 2 below.
D. Primary signs shall be placed on the side of the building where the main entrance is located. In buildings with individual entrances, business identification signs shall be placed within ten feet of the main entrance to each business. Signs on the exterior of an enclosed mall shall be located near entrances closest to the business location. Sign locations for each tenant shall be assigned and identified in the signage plan.
E. Additional building or business identification signs are permitted under the following conditions:
(1) The owner/agent shall submit a master signage plan containing the following information:
a. A dimensioned site plan and elevations of the building or buildings to be included in the master sign plan;
b. Computation of the maximum total sign area, the maximum area for individual signs, the height of the signs, and the number of free-standing signs allowed in the plan under this chapter; and
c. An accurate indication on the site plan of the proposed location of each present and future sign of any type.
(2) The maximum number of signs affixed to a building by each business within the building shall be controlled through the master sign plan.
(3) Additional lighted signs are allowed on a side of a building which abuts business or industrially zoned property or a public street, except where the side of the building faces an adjacent public street which abuts residentially zoned property. Signs proposed to be located on the building face abutting a residentially zoned property must be approved by the Plan and Zoning Commission as a part of the Sign Plan review.
(4) The wall of a building where additional signs are located shall have wall materials and/or exterior colors similar to the main entrance wall.
(5) In multi-occupant buildings, additional signs shall be affixed to the building at the location identified in the master signage plan.
F. Regulations concerning size requirements shall be as detailed in the Table of Building Sign Size Regulations shown in Appendix B of this chapter.
2. Multi-Story Building Signs. For multi-story buildings, in all zoning districts, no signs attached to the building, temporary or permanent, shall be permitted above the first floor or the second floor if it is the top floor or has an exterior access; except for the following:
A. Buildings of three stories or more, located in a commercial or industrial district, shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter.
B. The additional building signs shall be a maximum of two signs with each sign not to exceed two square feet of sign area for each 1,000 square feet of gross floor area of the building.
C. The two additional building signs shall not be located upon the same side of the building.
D. The two additional building signs shall be similar in size, scale, and material.
E. The two additional building signs shall not extend above the highest outside wall or below the fourth floor of the building.
F. The two additional building signs shall not extend across more than 40% of the width of the side of the building upon which it is located or 40% of the height for vertical signs.
G. The additional building signs shall only be permitted after approval by the Ankeny Plan and Zoning Commission.
3. Freestanding Signs; Pylon or Ground Sign.
A. Freestanding signs throughout the City of Ankeny shall be ground signs with the exception that properties abutting Interstate 35 may be allowed to erect a modified pylon sign if authorized by the Plan and Zoning Commission.
B. The base or support structure for freestanding signs shall complement the design of the building to which it is accessory by incorporating materials such as brick, stone, decorative block, or similar substantial materials used in the construction of the building. The base of ground signs shall be a minimum of two feet in height in all zoning districts. The sign area shall include all of the supporting structure. The copy area shall not exceed 75% of the sign area.
C. The supporting structure shall be constructed with the width equal to or greater than the sign. When allowed, modified pylon signs shall have a width of base not less than 40 percent of the width of the sign structure supported by the base.
D. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, conforming to the design requirements of the adopted building code of the City of Ankeny.
E. Regulations concerning size requirements shall be as detailed in Appendix B of this chapter.
F. Regulations concerning setback and height requirements shall be as detailed in Appendix C of this chapter.
4. Monument Development Signs. A monument sign intended to permanently identify a multiple dwelling or single-family residential development shall be permitted under the following conditions:
A. There shall be an entity established to the satisfaction of the City such as homeowners association, which shall be clearly responsible for the perpetual maintenance of the monument sign and its environs with corresponding powers to raise maintenance capital.
B. The monument sign shall not exceed 32 square feet of copy area.
C. The monument sign shall be a minimum of 30 feet from any existing or future residence.
5. Major Anchor/Center Signs.
A. Major Anchor Signage. One major anchor/center sign may be permitted to identify tenants or building occupants for a center in excess of 100,000 square feet, subject to paragraph C below.
B. Shopping Center Signage. Two major anchor/center signs may be permitted for a center in excess of 150,000 square feet, subject to the provisions of paragraph C below.
C. All major anchor/center and shopping center sign structures are subject to the following criteria:
(1) The signs shall be the only freestanding signs permitted for the business or center. Signs may be placed on any lot within the planned unit development or subdivision provided the sign applicant controls the land by easement or title.
(2) The sign structure exterior face shall be encased in the same style, color, and approved exterior material used on the face of the principal building. This material shall be concentrated between the finished grade and 42 inches above the grade.
(3) The sign shall be set back a minimum of 10 feet from the property line, sidewalk/trail easement or public street right-of-way line. Signs may be no closer than 250 feet to the nearest freestanding sign on the same side of the right-of-way, or closer than 50 feet to a corner intersection of two right-of-way lines.
(4) The maximum height of the sign structure shall be 30 feet above finished grade along Interstate Highway right-of-way and 25 feet in all other locations. Architectural design details, similar to the design of the principal building, may extend 5 feet above the maximum height of the sign. Sign copy area shall not exceed 100 square feet per side of the sign, two sides maximum.
(5) All signage shall have individual, internal backlit letters and symbols.
(6) Landscaping plans for the area around the base of the sign shall be completed and reviewed as part of the sign permit approval process.
6. Area Identification Signs. Area identification signs shall be located in the following manner:
A. An area identification sign shall be located upon the property of the complex it is identifying.
B. Area identification signs shall be located along a public street frontage.
C. Area identification signs shall be located a minimum of 50 feet apart from any other area identification sign or pylon sign.
D. No more than one area identification sign for a particular complex shall be located along the same street frontage.
7. Gasoline Pump Island Signs.
A. Gasoline pump island canopies shall be entitled to two signs in addition to those otherwise permitted on the principal structure.
B. Canopy signs shall not exceed 10 feet in length or 20 square feet each and shall not be placed on the same side of the canopy.
C. Lettering on the signs shall not exceed two feet in height or the average height of the letters on the sign attached to the principal structure, whichever is less.
D. Canopy signs shall be placed in a manner that will allow a six-inch minimum border between the top, bottom, and sides of a canopy face. The sign area is determined by measuring the text only. Stripes or colors do not contribute to the sign area computation.
8. Second Ground Signs. A second ground sign may be allowed when all of the following conditions are met.
A. The lot must be in commercial or industrial zoning classification.
B. The lot must be a through lot with double street frontage, or a corner lot with street frontage on three sides.
C. The second ground sign must be located on the side of the lot abutting the minor or interior roadway.
D. The ground sign must meet the size, height, and setback requirements for the primary ground sign permitted on the site.
E. The ground sign shall be in addition to all other permitted ground signs.
9. Other Signs. The following additional signs are permitted under this section, subject to the restrictions thereof, and are intended to serve the business needs of advertising an initial grand opening for a business and other special promotions, sales or events. Portable signs, banners, streamers, and/or balloon signs are permitted, upon the issuance of a permit from the City, in commercial, industrial, and institutional zoning districts for the purposes of promoting a grand opening, special sales, or events.
A. One non-lighted portable sign or balloon sign not exceeding 32 square feet per plane (side) and additional banners and/or streamers located upon the site of the grand opening, promotions, sales, or events shall be allowed at any time of the year for any period of time for any given event so long as the aggregate time that any and all of these “other signs” are present at the business does not exceed 30 days in any one calendar year. Said “other signs” shall not be located within 5 feet of any property line. A permit issued by the City will include a fee established by resolution of the City Council which shall be based upon each occurrence of the signage described herein.
B. A small portable 2 x 3-foot unlighted freestanding sign may be placed adjacent to the building at or near the entrance to the business, intending to only serve to advertise to pedestrian traffic at the building. This sign shall not occupy parking spaces or block sidewalks or walkways. This sign would be calculated as a part of the allowable building signage and once permitted would be allowed to be used for an unlimited time period within the calendar year. The City shall issue a 12-month permit and reserves the right to refuse the permit if there is abuse of this section or complaints regarding this signage are received.
10. Menu Boards. Menu boards are permitted under the following conditions:
A. A maximum of two menu boards per drive-through lane shall be permitted on a parcel of land with a restaurant providing drive-up window service.
B. The menu board shall be a maximum of 30 square feet in area and may be in addition to any other signs permitted by this chapter.
C. The menu board shall be single-sided and oriented in such a manner so that the sign provides information to the patrons using the drive-through facility only, and does not provide supplemental advertising to pass-by traffic.
D. The menu board signage shall be completely enclosed within one sign area.
E. Order confirmation signage no greater than one square foot and incorporated into the drive-through speaker pedestal shall not be calculated as part of the menu board signage area. Order confirmation signage greater than one square foot shall be incorporated into menu board and calculated as part of said board’s sign area.
11. Video Signs. Video signs are permitted under the following conditions:
A. Video signs shall only be allowed as a component of a modified pylon sign and shall not exceed 50 percent of the allowable copy area.
B. Video signs shall be required to automatically adjust in intensity related to ambient light levels.
C. The City shall issue a 12-month permit after review and approval of the Plan and Zoning Commission and reserves the right to refuse the extension of the permit in the case of abuse of the applicable requirements herein.
1. Painting Directly on Exterior Walls. Signs shall not be painted directly on any exterior building surface but shall be on a separate frame. Signs, letters, and symbols may be attached directly to a wall by adhesive or mechanical means.
2. Paper Signs. There shall be no paper cardboard or similar signs, notices, or flyers pasted, tacked, or otherwise affixed to the exterior wall or window of any building.
3. Revolving Beacons, Sequential Flashers, Flashing Signs and all Similar Devices. There shall be no use of revolving beacons, sequential flashers, or similar devices.
4. Portable or Movable Signs. There shall be no use of a sign so designed as to be movable from one location to another, such as (but not limited to) changeable message signs, reader boards, trailer, panel truck or semi-truck trailer, or other device whose function is to be stationary and serve as a sign except as described in Section 195.04(9) – Other Signs.
5. Overhanging Signs. No permanent or temporary signs shall be upon or overhang the public right-of-way or the boundary of adjacent property except traffic signs erected by the City, County, or State and except for signs in special areas such as Uptown or Prairie Trail Town Center as authorized by the Plan and Zoning Commission and City Council.
6. Open House, For Sale, Garage Sale Signs. Open house, for sale and garage sale signs, and the like may not be placed within street rights-of-way, easements, roadway surface, sidewalks, medians, and decorative surfaces, or within 300 feet of major arterial street intersections. Any sign so placed is a nuisance and traffic hazard and is hereby determined to be in violation of the sign regulations.
7. Advertising or Billboard Signs Prohibited. No sign which directs attention to a business, commodity, service, or entertainment shall be placed or located within any street rights-of-way. No sign shall be on property other than the premises on which the business, commodity, service, or entertainment is located.
Prior to issuance of a sign permit for other than the replacement of sign faces within an existing cabinet, the owner of the site and/or building shall designate a signage plan for all signs proposed to occur on the site and building. The signage plan shall include the maximum height and width of signs, materials, and colors to be used on signs and the location and dimensions of the sign area on the building and yard sign locations. All building signs shall be affixed to a building wall, within the designated sign area, and shall not exceed the allowable dimensions of this chapter. All freestanding signs shall be permanently installed in designated locations and shall not exceed the allowable dimensions of this chapter. All signs proposed by building owners or tenants shall adhere to the requirements outlined in the signage plan for the building.
1. The signage plan shall contain all of the information required for a master signage plan and shall also specify standards for consistency among all signs affected by the plan with regard to color scheme, lettering or graphic style, lighting, location of each sign on the buildings, materials, and sign proportions.
2. Other provisions of a plan may contain other restrictions as the owners of the development or buildings may reasonably determine.
3. The plan shall be signed by all owners or their authorized agents as required by the City.
4. A signage plan shall be included with any building permit authorization, site plan review, nonresidential planned unit development, exterior remodel or other official plan required for the proposed development and shall be reviewed simultaneously with other plans.
5. A signage plan may be amended by filing a new plan that conforms to all of the requirements of the City’s Code of Ordinances in effect at that time.
6. If a new or amended signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into compliance, within five years, all signs not conforming to the proposed amended plan or requirements of this chapter in effect on the date of submission.
7. After approval of a signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with the plan, and the plan may be enforced in the same way as any provision of this chapter. In case of any conflict between the provisions of a plan and this chapter, this chapter shall control.
1. Lighting Regulations.
A. All illuminated signs shall have an indirect or diffused light source and be designed so as not to direct rays of light onto public streets or adjacent property, thereby creating a nuisance or safety hazard.
B. Electronic message boards used as changeable copy signs or reader boards shall be required to adjust in intensity related to ambient light levels.
C. There shall be no flashing signs or use of flashing messages or pictures of any type including electronic message signs and video signs permitted in any district. For the purpose of this section, electronic message signs with smooth transitions such as fading or slow scrolling would not be considered flashing. For the purpose of this section video signs which display consistent images without dramatic changes in either image or intensity intended specifically to draw attention to the sign would not be considered flashing.
2. Changeable Copy and/or Reader Boards. A maximum of one-half of the total copy area allowed for a freestanding sign may be used for changeable copy or reader board.
3. Placement of Signs on Driveway Island or Entrance. No permanent or temporary sign shall be located upon a driveway median for a distance of a minimum of ten feet from a public street right-of-way.
4. Change of Sign Message. Upon any change or replacement of more than a sign face within an existing cabinet, the sign will constitute a new sign, requiring a new initial fee, and issuance of a new permit. If the sign does not exceed the size requirement as provided in this chapter and the change is in content only, an application and drawings must be submitted, but the fee will not be required.
5. Nonconforming Signs; Continuation of Previously Permitted Signs. Existing signs, other than temporary signs, which were permitted under sign regulations in effect prior to enactment of the ordinance from which this chapter is derived may be kept as and where they were then located, even though they may not conform to these regulations. Upon replacement of any elements of the sign other than the sign faces within an existing cabinet, there must be compliance with these regulations, unless the replacement is for the purpose of repair and is 100% identical to the original.
A. New off premises advertising signs (billboards) are not permitted. Existing non-conforming billboards are allowed to be converted to digital advertising signs subject to the following criteria:
(1) For every one existing sign face converted from non-electronic to a digital advertising sign, two other existing non-electronic billboard sign faces must be removed. Sign faces shall be removed so that in no instance shall a sign face be left on a structure without another sign face backing up to it and consequently exposing the back side of the sign structure.
(2) The digital advertising sign may not exceed the height or size (sign area) of the existing sign being replaced.
(3) The digital advertising sign shall be supported by a monopole structure, unless otherwise approved by City staff or the Plan and Zoning Commission.
(4) The maximum brightness of the digital advertising sign shall not exceed a luminance of 5,000 NITS during daylight hours. The maximum brightness of the sign shall not exceed a luminance of 500 NITS during the period from dusk to dawn.
(5) The digital advertising sign shall have an automatic dimmer control or ambient light monitors to produce an illumination change from a higher illumination level to a lower one for the period of time from dusk to dawn.
(6) Any image or message displayed on the digital advertising sign must have a minimum duration time of eight seconds.
(7) The transition from one image to another shall appear instantaneous. The use of special effects or specialized transitions is prohibited.
(8) Each image must be static and not contain any type of motion, animation, scrolling of text, or sequential displays.
(9) Digital advertising signs shall not be within 1000’ of each other when facing the same way.
(10) All approved digital advertising signs shall be made available for usage for Amber Alerts and other Emergency Community Notifications as deemed necessary by appropriate Emergency and Law Enforcement Agencies and community information approved by the City Council and City staff.
(11) All digital advertising signs will be permitted only after obtaining all applicable permits from the City and payment of all permit fees, provided the standards and restrictions in this section, as well as all applicable requirements of all other adopted ordinances and regulations of the City, are met.
(Subsection 5 -Ord. 1736 – Oct. 12 Supp.)
6. Illegal Signs. When an illegal sign exists upon a parcel of land or business property, the City may refuse to issue a permit for any other sign on that property until the illegal sign is removed.
7. Exposed Structural Components. Exposed backs of all signs and the sign structure must be painted a neutral color and otherwise be maintained so as not to have an adverse effect upon the adjacent property.
8. Signs Which Interfere with Traffic Signs, Signals or Devices. No sign shall be installed or allowed to exist, which, by reason of position, shape, color, or wording, would interfere with the proper functioning of any official traffic sign, signal, or device.
9. Maintenance; Refuse and Removal.
A. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, and high weeds and from anything else which would be a nuisance.
B. All business signs shall be removed from the building and property by the owner of the property within ten days after business or use is terminated except for framework that is expected to be used for a future business sign.
C. All signs shall contain current information. Outdated signs or signs with outdated information shall be removed by the owner.
D. When any sign is removed, the enforcing officer shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions.
E. Signs not in compliance with this chapter.
(1) When a sign placed on private property is not in compliance with this chapter and has not been removed by the owner or operator of a business, the City shall have the right to remove the sign, after ten days’ written notice, and charge the cost of removal to the owner or operator. Where a safety hazard exists, the City may remove the sign without notice.
(2) When a sign placed on public property is not in compliance with this chapter, the City shall have the right to remove the sign immediately and store the sign for not less than three days, whereupon the City may dispose of the sign in a manner similar to other abandoned property.
10. Table of Setback and Height Requirements. The minimum setbacks and maximum heights shall be required for all signs, as detailed in Appendix C to this chapter.
1. Compliance with Chapter. No sign shall be erected, installed, constructed, or painted in the City, except in compliance with this chapter and unless it shall conform to and meet the requirements of this chapter.
2. Enforcing Officer. The Department Director shall be the enforcing officer of this chapter.
3. Permit Applications. The application for a sign permit shall be made upon forms provided by the City and shall state or have attached thereto the following information:
A. Name, address, and telephone number of applicant and owner of the sign and, in the case of multi-tenant buildings, the name, address, and telephone number of owner of the building and/or site;
B. Location of building, structure, or lot to which or upon which the sign is to be attached or erected;
C. Position of the sign or other advertising structures in relation to nearby buildings or structures;
D. A scaled drawing or photograph of the plans and specifications and method of construction or attachment to the building or in the ground;
E. Copy of stress sheets and calculations showing the structure is designed for dead load and wind velocity in the amount required by the City’s Building Code and if requested by the City Building Official;
F. Name of person erecting the structure; and
G. Other information as the City may require.
4. Permit Fees. Permit fees for signs shall be as established by City Council Resolution.
5. Variances Authorized. To provide reasonable flexibility in the sign regulations, the Board of Adjustment may approve a variance for a sign otherwise not permitted by these regulations where an exception would not be inconsistent with the intent of the sign regulations.
6. Variances; Conditions to Granting. No variance shall be granted unless the Zoning Board of Adjustment shall find that either of the conditions outlined in paragraph A and B exists:
A. All of the following requirements must be met:
(1) Special conditions exist which are peculiar to the land, structure, and building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) The special conditions and circumstances do not result from the actions of the applicant;
(3) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations;
(4) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and
(5) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land.
B. Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service.
7. Variances; Requests, Fees. All requests for variances shall be made in writing to the City on the form provided by the City and the request shall include the fee specified in the City Council Resolution. All information required when applying for a sign permit, as outlined in this chapter, shall be required before the request for a variance is considered by the Zoning Board of Adjustment.
(Chapter 195 amended by Ord. 1651 – Apr. 10 Supp.)
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