16-15-12: OFF PREMISES SIGNS:

Off Premises Signs	Permitted Sign Structures	Maximum		Minimum		Permitted Lighting Type	Permitted Mechanical Motion
		Area (Square Feet)	Height	Setback	Spacing
C-2 neighborhood shopping center, and C-2A mixed use neighborhood:
Off premises signs shall be permitted only by conditional use permit	Freestanding	300 per sign	25 feet	20 feet from property line; 100 feet from historic district	As determined by zoning board of adjustment	No flashing	None
	Wall		Below eaves or parapet
C-3 general commercial, C-4 downtown commercial, and CS commercial service and wholesale:
All off premises signs	Freestanding	750 feet per sign, but only 300 feet per sign if within 200 feet of a historic district and not abutting a state or federal highway	50 feet	100 feet from historic district	Spacing between any 2 off premises sign structures, which are located on either side of federal aid primary highway(s), and oriented toward said highway(s) will be no less than 750 feet, and spacing between any 2 off premises sign structures, which are located on either side of all other city street(s) will be no less than 500 feet. A linear measurement perpendicular to the centerline of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure	No flashing	None
	Wall	300 per sign	Below eaves or parapet
CR commercial recreation:
All off premises signs	Freestanding	750 feet per sign, but only 300 feet per sign if within 200 feet of a historic district not abutting a state or federal highway	50 feet	100 feet from historic district	Spacing between any 2 off premises sign structures, which are located on either side of federal aid primary highway(s), and oriented toward said highway(s) will be no less than 750 feet, and spacing between any 2 off premises sign structures, which are located on either side of all other city street(s) will be no less than 500 feet. A linear measurement perpendicular to the centerline of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure	No flashing	None
	Wall		Below eaves or parapet
LI light industrial, HI heavy industrial, and MHI modified heavy industrial
All off premises signs	Freestanding	750 feet per sign but only 300 feet per sign if within 200 feet of a historic district and not abutting a state or federal highway	50 feet	100 feet from historic district	Spacing between any 2 off premises sign structures, which are located on either side of federal aid primary highway(s), and oriented toward said highway(s) will be no less than 750 feet, and spacing between any 2 off premises sign structures, which are located on either side of all other city street(s) will be no less than 500 feet. A linear measurement perpendicular to the centerline of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure	No flashing	None
	Wall		Below eaves or parapet

 

Note: Off premises sign spacing requirements shall be measured perpendicular to the centerline of the street which the sign is oriented toward, between the closest point on each sign structure.

(Ord. 2-10, 1-19-2010)

(Ord. 52-09, 10-19-2009)

16-15-13:SIGNS IN HISTORIC DISTRICTS:

On Premises Signs In Historic Districts	Permitted Sign Structures	Maximum				Permitted Lighting Type	Permitted Mechanical Motion
		Area (Square Feet)	Number	Projection Over Right Of Way	Height
OR	Freestanding	8 per sign	1 per business office	0	6 feet	External only, no flashing	None
	Projecting			60 inches	Below eaves or parapet
	Wall			0
	Wall nameplate	6	1 per business
OS	Freestanding	32 per sign	1 per business	0	10 feet	External only, no flashing	None
	Projecting	16 per sign			Below eaves or parapet
	Wall
	Wall nameplate	6
OC	Freestanding	8 per sign	1 per business office	0	6 feet	External only, no flashing	None
	Projecting			40 inches	Below eaves or parapet
	Wall			0
	Wall nameplate	6	1 per business
C-1	Freestanding	n/a
	Projecting	16 per sign	1 per business per street frontage	40 inches	Below eaves or parapet	External only, no flashing	None
	Wall			0
	Wall nameplate	6	1 per business
C-2	Freestanding	n/a
	Projecting	40 per sign	1 per business per street frontage	40 inches	Below eaves or parapet	External only, no flashing	None
	Wall			0
	Wall nameplate	6	1 per business
C-2A	Freestanding	n/a
	Projecting	40 per sign	1 per business per street frontage	40 inches	Below eaves or parapet	External only, no flashing	None
	Wall			0
	Wall nameplate	6	1 per business
C-3	Freestanding	100 per sign	1 per street frontage per multi-tenant building	0	40 feet	External only, no flashing	None
	Wall		1 per business per street frontage		Below eaves or parapet
	Wall nameplate	6	1 per business
C-4	Freestanding	n/a
	Projecting	25 per sign	1 per business per street frontage	60 inches	Below eaves or parapet	External only, no flashing	None
	Wall	100 per sign		0
	Wall nameplate	6	1 per business
C-5	Freestanding	n/a
	Projecting	25 per sign	1 per business per street frontage	60 inches	Below eaves or parapet	External only, no flashing	None
	Wall	100 per sign		0
	Wall nameplate	6	1 per business
CS	Freestanding	100 per sign	1 per business per street frontage	0	40 feet	External only, no flashing	None
	Wall				Below eaves or parapet
	Wall nameplate	6
CR	Freestanding	n/a
	Projecting	100 per sign	1 per street frontage	60 inches	Below eaves or parapet	External only, no flashing	None
	Wall			0
	Wall nameplate	6	1 per business
LI, HI, MHI	Freestanding	100 per sign	1 per street frontage	0	25 feet	External only, no flashing	None
	Wall		1 per business per street frontage		Below eaves or parapet
	Wall nameplate	6	1 per business
ID	Freestanding	100 per sign	As per institutional district regulations	0	10 feet	External only, no flashing	None
	Wall				Below eaves or parapet
	Wall nameplate	6	1 per business
R-1, R-2, R-2A, R-3 & R-4*	Freestanding	8 per sign	1	0	6 feet	External Only: No Flashing	None
	Projecting			60 inches	Below eave or parapet
	Wall	6 per sign	1	0
	Wall Nameplate
*   Signs in Residential zones allowed for (1) Education or Religious Institutions or (2) Real Estate Development or Subdivision Identification.

 

(Ord. 52-09, 10-19-2009; amd. Ord. 16-22, 4-18-2022)

16-15-14: NONCONFORMING SIGNS:

Any sign which becomes a nonconforming sign on the effective date hereof or which becomes a nonconforming sign at any future date shall be regulated according to the rules set forth in section 16-4-6 of this title, provided that no alteration, improvement or other change, except changes to the sign panel that do not result in changes to the sign cabinet, may be made to such nonconforming sign that will increase its level of nonconformity. In the event that such nonconforming sign, or panels or portions thereof shall be removed, for a period exceeding six (6) months, or if the use to which the nonconforming sign pertains is changed, any replacement sign shall be made to conform to the maximum area, number, allowable structure type, protection, height, lighting and motion requirements for signs permitted in the zoning district. A nonconforming sign may be altered to reduce its level of nonconformity. (Ord. 52-09, 10-19-2009)

16-15-15: MAINTENANCE:

All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times. (Ord. 52-09, 10-19-2009)

16-15-16: DISCONTINUED OR ABANDONED SIGNS:

Signs which are not properly maintained as determined by the building official or which advertise a use which has been abandoned or discontinued shall be removed by the property owner within ninety (90) days after abandonment of the principal use or may thereafter be removed by the building official with such removal expense charged to the property owner. Signs that meet the definition of "painted ghost wall sign" shall not be considered discontinued or abandoned. (Ord. 52-09, 10-19-2009)

16-15-17: MESSAGE SUBSTITUTION:

A noncommercial message of any type may be substituted for any permitted commercial message or permitted noncommercial message, provided, that the sign structure is legal without consideration of the sign copy. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. (Ord. 52-09, 10-19-2009)

16-15-18: PROJECTING SIGNS:

   A.   Permit Required: No person, firm or corporation shall place and/or maintain any projecting sign over the public right of way without first obtaining a permit therefor, complying with all applicable local, state and federal regulations, providing acceptable proof of liability insurance and paying the permit fee, all as provided in this title.

   B.   Application For Permit: An application for a permit for a projecting sign shall be filed with the building official on a form provided by the building official not less than seven (7) days prior to the date the projecting sign is to be installed.

   C.   Permit Fee: The applicant shall pay the permit fee to the city for each projecting sign at the time of the filing of an application for each projecting sign.

   D.   Hold Harmless: The permit holder shall enter into a hold harmless agreement with the city for any projecting sign prior to issuance of the permit, which shall require that the permit holder pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the placement or maintenance of a sign, whether sustained by any person or persons, caused by accident or otherwise, and shall defend at its own expense and on behalf of the city any claim against the city arising out of the placement or maintenance of said sign.

   E.   Insurance: Prior to the issuance of a permit for a projecting sign, the applicant shall furnish proof of insurance to the building official as follows:

      1.   Coverage shall include such comprehensive public liability and property damage insurance written by an insurer licensed to do business in the state of Iowa as shall protect the city during the life of the projecting sign from claims or damages, personal injury, including accidental death, as well as claims for property damages, which may arise from the existence of the sign in such a manner as to impose liability on the city, and the amounts of such insurance shall be as required by the city manager.

      2.   Such insurance shall name the city as an additional insured.

      3.   Each owner and/or occupant of the premises required to furnish proof of insurance shall also maintain on file with the building official a certificate evidencing that the insurer will give the building official thirty (30) days' written notice prior to termination or cancellation of the required insurance.

      4.   Upon notice of cancellation or termination of insurance, or expiration of proof of insurance, the building official shall notify, by certified mail, the owner and/or occupant of the premises for which proof of insurance is required that the projecting sign or signs are in violation of this chapter and shall be removed by the date stated in the notice.

   F.   Exclusion: The permit holder shall agree in writing prior to the issuance of a permit to the following:

      1.   The permit holder, by acceptance of a permit, agrees that the permit granted does not constitute approval of the design, construction, repair or maintenance of any projecting sign.

      2.   The permit holder, by acceptance of a permit, waives all claims or defenses against the city in the event of claim asserted for death, personal injuries and/or property damage against the permit holder arising out of or in any way connected with the existence, design, construction, repair or maintenance of projecting sign or signs for which a permit is issued.

   G.   Revocation:

      1.   A permit granted under this chapter shall be revocable upon ten (10) days' written notice to the permit holder at the convenience of the city. A permit also may be revoked or not renewed for failure to comply with the requirements of this chapter or any other applicable legal requirements, or for fraud, deceit, or misrepresentation in connection with an application for a permit.

      2.   In the event of such revocation, the building official shall notify the permit holder in writing of such revocation or refusal of renewal, specifying the reasons therein for such refusal. The permit holder or permit holder's successor in interest may petition the city council for a hearing on such refusal within thirty (30) days of receipt of the building official's letter.

   H.   Removal Of Sign: The permit holder, within thirty (30) days of receipt of a written notice from the building official to remove a projecting sign, shall at the permit holder's expense remove such sign. In the event of the permit holder's failure to do so, the city shall remove the sign at the permit holder's expense and dispose of the same. The permit holder shall agree in writing prior to the issuance of a permit to make no claim against the city or its agents for damages resulting from the removal of said sign.

   I.   Damaged; Threat To Safety: Nothing in this section shall preclude the building official from giving immediate notice to a permit holder to remove a projecting sign in the event such sign has been damaged or has been moved or otherwise placed to cause an immediate threat to public safety. In the event the sign is not removed within seven (7) days of such notification, the building official shall remove such sign as provided in subsection H of this section. (Ord. 52-09, 10-19-2009)

16-15-19: FEE SCHEDULE:

   A.   Permit Fees: The fee for each sign permit shall be as adopted by the city council.

   B.   Expiration Of Plan Review: Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

   C.   Work Commenced Without Permit:

      1.   Investigation: Whenever any work for which a permit is required by this title has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

      2.   Fee: A penalty fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The penalty fee shall be equal to the amount of the permit fee required by this title. The payment of such penalty fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law.

   D.   Fee Refunds:

      1.   The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

      2.   The building official may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this title.

      3.   The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. (Ord. 52-09, 10-19-2009)

16-15-20: DESIGN, GENERALLY:

   A.   General: Signs and sign structures shall be designed and constructed to resist wind as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.

   B.   Overturning: The overturning momentum produced from lateral forces shall in no case exceed two-thirds (2/3) of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

   C.   Wind Loads: Signs and sign structures shall be designed and constructed to resist wind forces as specified in the building code.

   D.   Vertical Load: Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads.

   E.   Allowable Stresses: The design of wood, concrete, steel or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code.

   F.   Compliance With Building Code: The design of wood, concrete, steel or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code.

   G.   Strength Of Rope Or Fasteners: The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners.

   H.   Increase Of Working Stresses: Working stresses for wind combined with dead loads may be increased as specified in the building code. (Ord. 52-09, 10-19-2009)