1. TITLE. This chapter shall be known as the “Sign Code” for the City of Indianola, Iowa, and may be cited as such and will be referred to herein as “this chapter.” This Sign Code is adopted as part of the City’s Zoning Ordinance per Iowa Code Chapter 414. Hereafter no sign shall be erected, constructed, altered, or modified except as regulated by the provisions of this chapter.
2. PURPOSE, INTENT AND SEVERABILITY. The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building. The provisions of this chapter are intended to encourage opportunity for effective, aesthetically compatible, and orderly communications by reducing confusion and hazards resulting from unnecessary or indiscriminate use of communications facilities. It is the further intent of this chapter to regulate signs by their physical characteristics and not by their message.
If one or more provisions of this chapter is found by a court of jurisdiction to be unlawful, invalid, unenforceable, or preempted by applicable state or federal law or regulations, such provisions are deemed to be severed from this chapter. The remaining provisions of this chapter remain in full force and effect.
3. DEFINITIONS. As used in this chapter, unless the context otherwise indicates, the following terms have the meanings ascribed herein:
A. “Animated sign” means any sign with actual motion, the appearance or illusion of motion, or light or color changes by mechanical or electrical means.
B. “Air-Activated Graphics” means a sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion.
C. “Awning” means any structure made of cloth type materials or metal with a metal frame attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
D. “Bag sign” is a sign designed to temporarily cover an existing monument sign or pole sign.
E. “Balloon sign” is a sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached, or held in place by a cord, rope, cable, or similar method. Also known as Inflatable Devices. See also the definition for air-activated graphics.
F. "Banner sign" is a sign composed of fabric or other flexible substrate that is fastened to the exterior of a building, exterior structure, or wall, that is attached to the ground by secure attachments to stakes, poles, or similar devices and secured or mounted so as to limit movement of the sign caused by movement of the atmosphere. Banners do not include those signs which are defined as flags in this chapter.
G. "Billboard" means any structure, regardless of material used in the construction of the same, that is erected, maintained, or used for public display of poster, painted signs, wall signs, whether the structure is placed on the wall itself, pictures, or other pictorial reading matter.
H. “Blade sign” is a temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material and supported by a single vertical pole mounted into the ground or on a portable structure. May also be known as a “feather sign.”
I. "Building sign" means a sign which is wholly supported by the building wall, parallel to the plane thereof, and which does not extend beyond the surface of said building wall more than twelve (12) inches. This definition includes walls signs, awning signs, canopy signs, fascia signs, parapet signs, painted signs and window signs as may be defined herein this chapter. Internally illuminated color panels, strips, or bands and neon lighting shall be considered building signs.
J. “Business” means a place where different types of trade, commerce, etc., is carried on, usually under the ownership of one person, company or partnership.
K. “Canopy” means any structure, other than an awning, made of cloth type materials or metal with metal frames attached to a building, projecting over a thoroughfare, and carried by a frame supported by the ground or sidewalk.
L. “Canopy sign” is a building sign attached to or in any way incorporated with the face or underside of a canopy, marquee, or any other similar building projection, and which does not extend beyond the projection more than six inches.
M. "Changeable message sign” means a sign that has the capability of sign copy being changed manually or mechanically.
O. “Commercial sign” means any sign not defined herein as a “non-commercial sign”
P. “Corporate flag” means a flag, other than a government flag, that contains a logo, corporate name, or other identification.
Q. "Directional sign" means any sign oriented internally intended to convey messages to internal users of a site and generally not intended to convey messages to persons off-site or from an adjoining street. Examples include directional or wayfinding signs, traffic directions and signs that provide parking instructions, security warning signs, business directories, or similar communications that are accessory to the use of the site and any building located thereon.
R. "Directory sign" means a permanent diagrammed representation located near the entrance of a complex which shows the location and address of the unit designations within a complex.
S. "Electronic message center" means a sign that is electronically or electrically controlled that displays a message center or reader board composed of a series of lights that may be changed through electronic means including LED or LCD displays.
T. “Erect” means to build, construct, attach, hang, place, suspend, or affix, and also includes the painting of wall signs.
U. “Feather sign” see “blade sign.”
V. "Flag" means any fabric, banner or bunting containing words, numbers, colors, patterns or symbols, or logos.
W. "Free standing signs," including pole and ground monument signs, as regulated by this chapter, include any sign which is supported by one or more uprights or braces in or upon the ground and not attached to any building or wall.
X. “Facing or surface” means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. The square footage of a sign, wherever the same is required to be computed for the purposes of this chapter, shall be determined by computing the square footage of the facing or surface of such sign.
Y. “Free standing signs” means any sign supported by uprights or braces placed into the ground and not attached to any building and includes pole signs, ground signs, and monument signs.
Z. “Government flag” means any fabric, banner or bunting containing words, numbers, colors, patterns or symbols, used as a symbol of a government or political subdivision, including flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and other flags adopted or sanctioned by an elected legislative body of competent jurisdiction.
AA. “Government sign” means any type of sign that is constructed, placed or maintained by or at the direction of the federal, state, county, or local government. Examples include traffic control and safety signs and devices, public notices and informational signs, all public parks and public facilities signs, and directional and identification signs such as tourist oriented directional signs approved and placed by the Iowa Department of Transportation, memorial plaques, signs of historical interest, signs designating hospitals, libraries, public parks, schools, colleges, airports, and other institutions or places of public interest or concern.
BB. “Ground sign,” see “free standing sign.”
CC. "Identification sign" means a sign that displays no more than the name, address, crest or insignia, occupation or profession of an occupant of the premises, name of any building on the premises or the trademark of the occupant.
DD. “Illuminated sign” means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.
EE. “Incombustible material” means any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at that temperature.
FF. “Logo” means a stylized group of letters, words, symbols, or combination thereof used to identify and represent a business, organization, group, team, or product and to differentiate it from others.
GG. “Marquee” means any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.
HH. “Mobile sign” means a sign affixed to an automobile, truck, trailer or other vehicle.
II. "Monument ground sign" means a free standing sign which is anchored to the ground similar to a ground sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top with the base of the sign being a minimum of 80% of the width of the widest component of the sign. Said signs may be doubled signed, perpendicular or parallel to the adjoining roadway but in no case shall consist of more than 2 sign faces.
JJ. “Non-commercial sign” means any sign containing an ideological, political issue, religious or other message not related to the promotion of a commercial or business activity. All signs not defined as a “non-commercial sign” shall be defined as a “commercial signs.”
KK. “Off-premises sign” means a commercial sign installed, erected, constructed, or hung on a site or property that is not appurtenant to the use of, products or services being sold on, work being performed on, or the sale, lease, or rental of the land or buildings on which the sign is located. This definition does not include non-commercial signs.
LL. “On-premises sign” means a sign installed, erected, constructed, or hung on a site or property that is appurtenant to the use of, products or services being sold on, work being performed on, or the sale, lease, or rental of the land or buildings on which the sign is located.
MM. “Other advertising structure” means any marquee, canopy or awning as further defined herein.
NN. "Panel sign" means a sign consisting of a frame covered by a translucent material which may be internally illuminated. The entire sign structure is one unit and the copy is not intended to include three-dimensional individual letters.
OO. “Permanent sign” means a sign constructed of durable materials and attached to a wall or imbedded in or constructed on a foundation in the ground, that does not allow removal without special tools or equipment and which is intended to exist on more than a temporary basis.
PP. "Pole sign" means a freestanding sign that is supported by one or more uprights not attached to, or braced by, any other structure. Pole signs shall have a clear open space of not less than ten (10) feet between the base line of said sign and the ground level.
QQ. "Political issue sign" means a sign announcing, promoting (for or against), or drawing attention to any personal or political issue or candidate(s) seeking public political office.
RR. "Portable sign" means a freestanding sign not permanently anchored or secured to the ground or any building or wall, which may be moved from place to place, including, but not limited to, signs design to be transported by means of wheels, and is not expressly permitted under this chapter as a temporary sign.
SS. “Projected-image sign” means a sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface, from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.
TT. “Projecting sign” means any sign which is attached to a building or other structure and extends more than 12 inches beyond the building.
UU. “Public school district sign” means any type of sign that is constructed or placed by a public school district on property owned or leased by that public school district.
VV. “Raceway” means an enclosed channel designed expressly for holding wires, cables, or bus bars on which a sign in mounted.
WW. “Raceway, pan style” is a sign raceway that is shaped and contoured to follow the outline of the sign to which is mounted to the raceway.
XX. “Roof sign” means any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.
YY. “Sidewalk sign” means free standing portable sign. Typically designed as either A or T framed and to be used on daily basis and during business hours.
ZZ. “Sign” means any and every advertising sign, identification sign, freestanding sign, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and canopy and includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public.
AAA. "Sign area" means that area of a sign's exposed facing, determined by the Zoning Administrator using actual dimensions where practical, or approximate dimensions when irregularity of a sign shape warrants. Such area shall be measured using one of the formulas in Section 10 of this chapter.
BBB. "Sign copy" means words, letters, logos figures, symbols, illustrations, or patterns that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself.
CCC. “Structural trim” means the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure.
DDD. “Temporary sign” means any portable sign, inflatable signs, bag or banner covering a permanent sign, or other sign, banner, pennant, valance or advertising display constructed of Vinyl, cloth, canvass, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only.
EEE. “Trailer sign” means any sign mounted on a vehicle normally licensed by the State of Iowa as a trailer and used for advertising or promotional purposes.
FFF. "Vehicle sign" means a message, inscription or logo painted, attached, or incorporated on a motor vehicle which advertises or promotes the interest of any private or public firm, person, organization, or other entity, or to draw attention to the use on the premises.
GGG. “Wall sign” means any flat sign of solid face construction which is placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure.
HHH. “Window sign” means a sign posted, painted, placed, adhered, or affixed in or on a window or door, or a sign that is located on the interior of a structure that is exposed to public view from the exterior of the structure through a window or glass door.
III. “Work of art” means any mural painting or decoration, inscription, mosaic, painted glass, base-relief, or other similar art form of a permanent character that is intended for decoration, ornament, or commemoration and that is applied to, placed upon, or erected on any lot or parcel or wall of any building or structure. A work of art shall not incorporate logos, advertisements, or other commercial speech nor shall a work of art contain images, letters, symbols or other representations designed to identify or market any commercial activities contained upon the site on which it is located.
4. GENERAL REQUIREMENTS.
A. No sign shall be allowed except as permitted by this chapter.
B. No sign shall be located within the clear vision area of a driveway or street intersection as defined in City Code. No sign shall be located so that the safety of a moving vehicle or pedestrian will be impaired by obscuring a driver's or pedestrian's vision.
C. No person shall install, erect, construct, hang, or alter any sign within the City without first obtaining from the City a Sign Permit, unless such sign is otherwise exempt under this chapter.
D. No person shall replace the sign copy or sign face without first obtaining from the City a Sign Permit, unless such sign is otherwise exempt under this chapter.
E. Signs shall be properly erected or attached to a structure and kept in good repair. Any lettering, logo, design, and other markings placed upon the sign shall be clear, distinct, and readable and maintained in that condition.
F. Any permanent or temporary commercial sign allowed in this chapter may be utilized as a non-commercial or political issue sign subject to the regulations contained herein.
G. Strength of Signs. All signs and other advertising structures shall be designed and constructed to withstand a wind load and dead load as required in the Building Code or other ordinances of the City.
H. Sign Maintenance: All signs and sign structures shall be properly maintained and kept in a safe, orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted, repaired, or replaced by the property owner or agent of the owner of the property upon which the sign is located, within thirty (30) days after written notice by the City.
I. Interference: No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences, or trees; nor in such a manner as to interfere with the effective use of firefighting equipment or personnel, or any overhead electrical power, telephone, fiber optic, or cable wires or supports thereof.
J. Safe Ingress and Egress: No sign or part thereof shall be erected or maintained to prevent or deter free ingress and egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.
K. Illumination: All externally illuminated signs shall be constructed to direct the source of light away from adjacent properties or public streets.
L. Free-Standing Sign Height Computation: The height of free-standing signs (including all temporary and permanent signs) shall be computed to be the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to mean the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.
M. Free-Standing Sign Setback Measurement: The sign setback for free-standing signs (including all temporary and permanent signs) shall be measured from the nearest edge of the sign.
5. PROHIBITED SIGNS. The following signs shall not be permitted, erected or maintained on any property within the City, unless located within the confines of a building, or not visible from outside the premises of the lot in which the sign is located.
A. Air-Activated Graphics and Signs with Moving Parts. Any sign which has any visible movingpart, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, or mechanical means, including intermediate electrical pulsations, or by action of normal wind currents.
B. Animated Signs.
C. Balloon Signs.
D. Banners. Banners, pennants, spinners, and streamers, except as specified in this chapter as a permitted temporary sign.
E. Billboards.
F. Flashing or Glaring Lights. Flashing lights, strobe lights, or rotating beams shall be prohibited outside of a building or visible from the outside of a building in all zoning districts except when otherwise legally displayed as emergency lights or warning lights. Illumination of signs shall be designed in such a way as to reflect light away from residential properties and motorists' vision.
G. Mobile signs attached to or painted on an inoperable or unlicensed vehicle, truck, or trailer.
H. Moving Lights. Signs which incorporate in any manner any flashing, pulsating, rotating, beacons, or moving lights. Except for a special event approved by the City Council per the City’s special event procedures.
I. Off-Premise Signs, except a permitted temporary sign, as specified in this chapter, may be off-premise.
J. Pole Signs.
K. Portable Sign.
L. Projected-Image Signs.
M. Roof Signs.
N. String Lights. String lights used in connection with commercial premises from November 1 to January 15 on a temporary basis.
O. Discontinued Use. Signs on a property that is vacant or un-occupied for a period of more than six (6) months.
P. Hazardous Sign. Any sign or sign structure which:
(1) Is structurally unsafe;
(2) Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment;
(3) constitute an obstruction so as to prevent free ingress or egress through any door, window or fire escape;
(4) Is not kept in good repair; or,
(5) Is capable of causing electrical shocks to persons likely to come in contact with it.
Q. Obscene Matter. Signs that display obscene matters in violation of Iowa Code 728.
R. Signs Projecting over Public Right-of-Way. It is unlawful to erect or maintain any sign on, over, or above any land or right-of-way belonging to City or other governmental entity unless specifically permitted by said entity.
S. Temporary Signs. All temporary signs except those that are specifically allowed by this chapter.
T. Interference with Traffic. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street or alley in such a manner as to obstruct free and clear vision, or at any location, where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device or which makes use of the words STOP, LOOK, DRIVE-IN, DANGER or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
U. Unlawful Signs. Any sign unlawfully installed, erected or maintained in violation of this chapter.
6. EXEMPTIONS TO SIGN PERMIT REQUIREMENT. The following signs shall not require a sign permit.
A. Government signs, government flags, and public school district signs as defined herein this chapter, are exempt from the Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement.
B. Signs located within the confines of a building, except those that are defined as window signs.
C. Building addresses on buildings and signs as required by the City are exempt from the Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement.
D. Directory signs as required by the City Fire Department for emergency identification are exempt from the Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement.
E. Works of art that meet the definition as provided herein this chapter.
F. Temporary Signs, to the extent that they meet the standards herein this chapter, are exempt from the Sign Permits and Fees requirement.
7. SIGN TYPES. For the purposes of this chapter, the following sign types as defined herein are placed into the following categories.
A. Permanent Signs. Permanent signs may be commercial or non-commercial signs as defined herein this chapter. Permanent, commercial signs must meet the definition of an on-premise sign. Permanent, commercial signs shall not include off-premise signs. Permanent signs are limited to the following sign types as defined and further regulated herein this chapter:
(1) Building Signs
(2) Ground Signs
(3) Directional Signs
(4) Drive-Thru Facility Signs
(5) Signs Affixed to Automated Teller Machines (ATM)
(6) Corporate Flags
B. Temporary Signs. Temporary signs may be commercial or non-commercial signs as defined herein this chapter. Temporary, commercial signs may be on-premise or off-premise signs. Temporary signs are limited to the following sign types as defined and further regulated herein this chapter:
(1) Free-standing signs
(2) Sidewalk signs
(3) Blade signs and flags
(4) Banner signs attached to a building wall or window or covering and affixed to an existing building sign
(5) Bag signs covering and affixed to an existing monument ground sign
8. SIGN REGULATIONS.
A. Permanent signs permitted by zoning district.
PERMANENT SIGNS | ||||||||||
BUILDING SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
PERMANENT SIGNS | ||||||||||
BUILDING SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Number of Signs Permitted | 1 sign per principal building facing a public street for all permitted multi-family residential and non-residential uses. | Building signs may be located on any side of a building so long as the total sign area does not exceed the total allowed for the building (or building floor, in the case of the C-3 District). The area of all wall, awning, and window signs shall be included in the total building signage area calculation. | ||||||||
Projecting Signs Permitted | Not permitted. | 1 per building entrance. Maximum 24 sq. ft. per sign face. | Not permitted. | |||||||
Maximum Sign Area | 48 sq. ft. | 10% of the total sq. ft. of the wall area of a principal building facing a public street. No more than two sides of a building facing a street shall be used to calculate the allowable signage. The sign area of all building signs (including wall, awning, and window signs) shall be calculated using sign area Formula A as defined herein this chapter. | ||||||||
In the C-3 District, the total sign area shall exceed 10% of the wall area of the building floor on which the sign(s) is/are located. | ||||||||||
GROUND SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Number of Signs Permitted | 2 signs per public or private street entrance for single family residential subdivisions. 1 per public street frontage for each lot of record for all permitted multi-family residential and non- residential uses. | 1 per public street frontage for each lot of record. For lots with 500 ft or more of frontage, 1 sign shall be allowed for each 250 ft of frontage. | ||||||||
Maximum Sign Height | 8 ft. | 25 ft. | ||||||||
Maximum Sign Width | 8 ft. | 20 ft. | ||||||||
Maximum Sign Area | 48 sq. ft. calculated using sign area Formula B as defined herein this chapter. | 150 sq. ft. calculated using sign area Formula B as defined herein this chapter. | ||||||||
Minimum Sign Setback Requirements | 10 ft. from all property lines. | Minimum setback from all property lines is equal to the sign height, but no less than 5 ft, and 200 ft. from any ground sign located on the same lot. | ||||||||
DIRECTIONAL SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Number of Signs Permitted | 5 per each lot of record for all permitted multi-family residential and non-residential uses. | 5 per each lot or record. | ||||||||
Maximum Sign Height | 3 ft. | |||||||||
Maximum Sign Area | 9 sq. ft. calculated using sign area Formula B as defined herein this chapter. | |||||||||
Sign Setback | 10 ft. from all property lines. | |||||||||
DRIVE-THRU FACILITY SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Number of Signs Permitted | For sites with a permitted drive-thru facility, 2 drive-thru facility signs, as provided herein, shall be permitted for each drive-thru lane. Signs may be free-standing (one-sided only) or building/wall mounted. | |||||||||
Maximum Sign Height | 8 ft. | |||||||||
Maximum Sign Area | Each sign shall be no greater than 36 sq. ft. using sign area Formula B as defined herein this chapter. | |||||||||
Minimum Sign Setback and Placement Requirements | 25 ft front yard and 10 ft from all property lines. Must be within 10 ft of the drive-thru lane. | |||||||||
SIGNS ON ATMS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Maximum Sign Area | Sign copy may be adhered or placed upon any surface of a permitted ATM or ATM kiosk; however, the total area of all signage shall not exceed 48 sq. ft. | |||||||||
CORPORATE FLAGS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Number Permitted | Not Permitted. | 1 per lot of record or 1 per principal building. | ||||||||
Maximum Height | 30 ft. | |||||||||
Maximum Flag Size | 15 sq. ft. | |||||||||
Minimum Pole Setback | Minimum setback from all property lines is equal to the pole height, but no less than 5 ft. | |||||||||
Other Requirements | May only be displayed concurrent with the display of 1 or more government flag(s) attached either on a shared pole or separate pole located in close proximity to the pole(s) displaying the government flag(s). | |||||||||
B. Temporary signs permitted by zoning district.
TEMPORARY SIGNS | ||||||||||
COMMERCIAL SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
TEMPORARY SIGNS | ||||||||||
COMMERCIAL SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Number of Signs Permitted | 1 sign per public street frontage for each lot of record. | 1 sign per public street frontage for each lot of record plus 1 per building or individual business. Each building or individual business may also display 1 "A-frame" or 1 "blade sign" during the hours in which the business is open. | ||||||||
Maximum Sign Area | 32 sq. ft. for permitted multi-family residential and non- residential uses and 8 sq. ft. for all other uses. Sign area shall be calculated by using sign area Formula B as defined herein this chapter. | 32 sq. ft. using sign area Formula B as defined herein this chapter. | ||||||||
Maximum Free Standing Sign Height | 6 ft. | 8 ft. | ||||||||
Maximum Free Standing Sign Setback Requirement | 5 ft. from all property lines. | |||||||||
NON-COMMERCIAL SIGNS | ZONING DISTRICT | |||||||||
A-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | M-1 | M-2 | |
Maximum Sign Area | 8 sq. ft. using sign area Formula B as defined herein this chapter. | 32 sq. ft. using sign area Formula B as defined herein this chapter. | ||||||||
Maximum Free Standing Sign Setback Requirement | 5 ft. from all property lines. | |||||||||
9. SIGN DESIGN STANDARDS.
A. Permanent Signs. The following regulations are established for all permanent signs as may be permitted by this article.
(1) Building Sign Regulations.
a. Prior to installation of any building signage, all multi-tenant buildings and multi-building commercial centers shall provide a signage plan detailing how and where signage will be allocated to each individual tenant space. This plan shall be adhered to unless an alternate plan is provided to the City by the building owner. In the case of commercial condominium or horizontal property regime, each owner shall be allocated an amount of signage proportional to the size of their unit.
b. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends of the wall to which it is attached.
c. All building signs, including projecting signs but not including awning and window signs, shall consist of solid individual letters and symbols that have a three-dimensional appearance with a minimum dimensional depth of one (1) inch. The dimensional depth may be achieved by individual dimension letters or symbols, cut out, push through, engraved, embossed, pin mounted with stand-offs, or alternative acceptable to the Zoning Administrator. Said individual letters and symbols shall be made of anodized aluminum or similar materials or should consist of individual illuminated self-contained letters and symbols made of anodized aluminum or similar materials with translucent plastic faces.
d. Signs with exposed neon or exposed florescent tubes or light bulbs are prohibited.
e. Painted signs, including any lettering, graphics, images, and logos, are prohibited except as may be permitted on awnings and windows.
f. Signs in any A-1, R-1, R-2, R-3, or R-4 zoning district shall not be internally illuminated.
g. Panel signs are prohibited; however, a panel type sign of an individual logo or graphic may be permitted as part of a building sign provided the panel area does not exceed six (6) feet in height and six (6) feet in width and is designed as if it were an individual illuminated self-contained letter or symbol.
h. No individual letter or symbol shall exceed six (6) feet in height and six (6) feet in width. All letters and symbols should be individually attached to the building wall. Raceways are prohibited. In any situation where it is not physically practical to mount a wall sign without a raceway, a pan-style raceway may be authorized at the discretion of the Zoning Administrator.
i. Signs may be mounted on a uniform backing that is of no more than one (1) color and that projects no more than four (4) inches from the surface of the building wall.
(2) Projecting Signs, where permitted, shall further comply with the following standards:
a. Application. Projecting signs as regulated by this article shall include any sign, other than a building sign, which projects from, and is supported by a wall of a building or structure.
b. Construction. Every projecting sign, including the frame, braces and supports thereof, shall meet the compliance of the building code regulations of the City.
c. Sign Width (Thickness). The thickness measured between the principal faces of any projecting sign shall not exceed twelve (12) inches.
d. Height of Signs. No part of any projecting sign shall be less than ten (10) feet above ground level, except as provided in subsection (e) of this section, and shall not extend above the roof line.
e. Location. Every projecting sign shall be at least ten (10) feet above any sidewalk area over which it is erected, and a distance not greater than six (6) feet from the wall to which it is attached, measuring from the point of the sign nearest thereto. Every projecting sign to be erected over public or private driveways or thoroughfares shall be placed not less than fifteen (15) feet above the level of same.
f. Obstructions and Traffic Hazards. Every projecting sign shall be erected in a manner which does not constitute an obstruction or traffic hazard regulated by this chapter.
g. Projection Over Public Property or Road Right-of-Way. It is unlawful for any projecting sign to be located over public property or road right-of-way unless approval is granted by the City Council or agency that owns or controls said public property or right-of-way.
(3) Ground Sign Regulations.
a. Ground signs shall be restricted to monument grounds signs. Pole signs are prohibited.
b. All sign structures shall be architecturally designed and incorporate design details, materials, and colors of the associated building.
c. All ground signs shall consist of solid individual letters and symbols that have a three-dimensional appearance with a minimum dimensional depth of one (1) inch. The dimensional depth may be achieved by individual dimension letters or symbols, cut out, push through, engraved, embossed, pin mounted with stand-offs, or alternative acceptable to the Zoning Administrator. Said individual letters and symbols shall be made of anodized aluminum or similar materials or should consist of individual illuminated self-contained letters and symbols made of anodized aluminum or similar materials with translucent plastic faces.
d. Signs with exposed neon or exposed florescent tubes or light bulbs are prohibited.
e. Painted signs, including any lettering, graphics, images, and logos, are prohibited.
f. Signs in any A-1, R-1, R-2, R-3, or R-4 zoning district shall not be internally illuminated.
g. Panel signs are prohibited; however, a panel type sign of an individual logo or graphic may be permitted as part of a building sign provided the panel area does not exceed six (6) feet in height and six (6) feet in width and is designed as if it were an individual illuminated self-contained letter or symbol.
h. No individual letter or symbol shall exceed six (6) feet in height and six (6) feet in width. All letters and symbols should be individually attached to the ground sign. Raceways are prohibited. Signs may be mounted on a uniform backing that is of no more than one (1) color and that projects no more than four (4) inches from the surface of the ground sign.
i. Permitted ground signs may include a changeable message sign that is double-sided (back-to-back) and no larger than 48 sq. ft. in size per sign face.
j. Signs within any non-residential zoning district may include an electronic message center sign that is double-sided (back-to-back) and no larger 32 sq. ft. in size, per sign face, and subject to the design regulations herein this article. Electronic message centers are further regulated as follows:
i. Electronic message center messages and images may not include video, animation, scroll, or flash and shall not display full-motion graphics in a series of frames to give the illusion of motion or video.
ii. The images and messages displayed on an electronic message center must have a minimum dwell time of at least 10-seconds before changing to the next image or message. The transition or change from one message to another must be instantaneous and involve no animation or special effects.
iii. Electronic message centers shall be integral to and a part of an approved monument sign.
iv. An approved monument sign may have more than one individual electronic display provided the total area of all such displays does not exceed 32 sq. ft. of the total sign copy area.
v. The brightness of any electronic message center shall not exceed a maximum illumination of 5,000 candelas per square meter (nits) during daylight hours and a maximum illumination of 250 candelas per square meter (nits) between dusk and dawn, as measured from the brightest element on the sign’s face. Electronic message centers must be equipped with a light detector or photocell that automatically adjusts the display’s brightness according to natural ambient light conditions.
(4) Temporary Sign Regulations
a. The following types of temporary signs may be permitted in accordance with the regulations herein this chapter. All other temporary sign types not listed herein below are prohibited.
i. Free-standing signs including sidewalk signs, flags, and blade signs.
ii. Banner signs attached to a building wall or window or covering and affixed to an existing building sign.
iii. Bag signs covering and affixed to an existing monument ground sign.
b. Prohibited Within Public Street Right-of-Way and Public Property. No temporary sign shall be placed within a public street right-of-way nor on public property. Temporary sidewalk signs, as provided in this Chapter, may be permitted on the public sidewalk within the Downtown Mixed-Use Zoning District (C-3), subject to the following conditions:
i. Signs are permitted on all sidewalks provided there remains a free walking path with a minimum walking surface of five feet in width.
ii. Signs shall not exceed nine (9) square feet in area.
iii. Signs shall not exceed five (5) feet in height.
iv. Signs are allowing during business hours only.
c. Time Limit. No temporary sign shall be in place for a period greater than six (6) months unless removed and replaced with a new sign.
10. SIGN AREA CALCULATION. The area of a sign shall be as determined by the Zoning Administrator using actual dimensions where practical or approximate dimensions when irregularity of a sign shape warrants. The area of each sign type is to be measured with either Formula A or Formula B as noted below. The application of either Formula A or Formula B is established by sign type as defined elsewhere in this article.
A. Formula A. The sign area is the sum of the area of two (2) contiguous rectangles, squares or circles that enclose the extreme points or edges of all copy, logos and symbols of said sign.
Figure 165.10.5
B. Formula B. The sign area is the area of one rectangle, square or circle that encloses the extreme points or edges of all areas where copy may be placed on a sign. This area does not include structural or architectural features of the sign where copy will not be located.
Figure 165.10.6
11. ENFORCEMENT AUTHORITY. The Zoning Administrator is hereby authorized and directed to enforce all the provisions of this chapter.
12. PERMIT REQUIRED. Except those signs as expressly exempted by Section 6 of this Chapter, it is unlawful for any person to erect, repair, alter, relocate or maintain within the City any sign or other advertising structure as defined in this chapter, without first obtaining an erection permit from the Community Development Department, and making payment of the fee required herein. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code of the City.
13. APPLICATION FOR SIGN PERMIT. Application for sign erection permits shall be made upon forms as determined by the Zoning Administrator and shall contain or have attached thereto the following information unless any such information is deemed unnecessary by the Zoning Administrator:
A. Application fee as established by resolution of the City Council.
B. Name, address and telephone number of the applicant and building and/or property owner.
C. Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.
D. Position of the sign or other advertising structure in relation to nearby buildings or structures.
E. Site plan, sign elevations, details, and specifications and method of construction and attachment to the building or in the ground.
F. Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter and all other laws and ordinances of the City.
G. Name of person, firm, corporation or association erecting the structure.
H. Written consent of the owner of the building, structure or land to which or on which the structure is to be erected if different from the applicant.
I. Such other information as the Zoning Administrator shall require to show full compliance with this chapter and all other laws and ordinances of the City.
14. APPROVAL OF ELECTRICAL WIRING. The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the Zoning Administrator. The Zoning Administrator shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the City, and the Zoning Administrator shall approve such permit if the said plans and specifications comply with said code, or disapprove the application if noncompliance with such code is found.
15. LICENSED SIGN CONTRACTOR. All permanent, free standing and building signs shall be constructed by a professional sign contractor licensed to conduct business within the City of Indianola. The licensing application and insurance requirements shall be as determined by the Zoning Administrator. The licensing fee shall be established by resolution of the City Council.
16. PERMIT ISSUANCE; EXPIRATION. It is the duty of the Zoning Administrator, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if all the requirements of this chapter and all other laws and ordinances of the City are complied with, the Zoning Administrator shall then issue the erection permit. If the work authorized under an erection permit has not been completed within six months after date of issuance, the said permit shall become null and void.
17. REVOCABILITY OF PERMIT. All rights and privileges acquired under the provisions of this chapter, or any amendment thereto, are mere permits revocable by the Council, and all sign permits shall contain this provision. In the event that by action of the Council any permit is revoked, it shall be unlawful thereafter to permit such sign to continue to remain on the premises, and it is the duty of the owner, agent, or person in possession of said premises, and each of them, to remove such sign forthwith.
18. RIGHT OF ENTRY. Subject to constitutional limitations and upon presentation of proper credentials, the Zoning Administrator or any duly authorized representatives may enter at reasonable times any building, structure or premises in the City to perform any duty imposed upon the Zoning Administrator by this chapter.
19. INSPECTION. All signs for which a permit is required by this chapter or any ordinance of the City shall be subject to inspection by the Zoning Administrator. Footing inspections will be required for all ground signs. Electric signs shall be inspected before erection.
20. UNSAFE OR UNLAWFUL SIGNS. If the Zoning Administrator finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, the Zoning Administrator shall give written notice to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply, by the Zoning Administrator at the expense of the permittee or owner of the property upon which it is located. The Zoning Administrator shall recommend to the City Manager the revocation of the permit covering such sign or other structure regulated herein, and thereupon said permit may be revoked by order of the Council. The Zoning Administrator may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice. Existing signs shall comply with the provisions of this section.
21. NONCONFORMING SIGNS.
A. Intent: It is the intent of this chapter to allow existing legal, nonconforming signs to continue to be maintained and used until they are removed under the terms of this chapter, while encouraging legal, nonconforming signs to be brought into conformity. Every sign or other advertising structure lawfully in existence on December 31, 2022, but which is prohibited by the terms and conditions of this chapter, shall not be altered or moved except in compliance with this chapter.
B. Modification: A legal nonconforming sign or sign structure shall be brought into conformity with this chapter if it is altered, reconstructed, replaced, expanded, or relocated. A change in sign copy, or the replacement of a sign face, is not an alteration or replacement for purposes of this section, but conditions may be placed on the approval to bring the sign closer to compliance with the intent of the provisions of this chapter.
C. Maintenance: Legal nonconforming signs must be maintained in good condition. Maintenance required by this subsection shall include replacing or repairing of worn or damaged parts of a sign or sign structure in order to return it to its original state, and it is not a change or modification for purposes of subsection D1 of this section.
D. Removal: Removal of a nonconforming sign or replacement of a nonconforming sign with a conforming sign is required when:
(1) Fifty percent (50%) or more of the entire sign structure of a legal nonconforming sign is damaged, destroyed, or for any reason or by any means taken down; or
(2) The condition of the legal nonconforming sign or legal nonconforming sign structure has deteriorated without maintenance as required by this section; or the legal nonconforming sign structure or building it is mounted on is destroyed or damaged by a fire, flood, windstorm, or similar abnormal event; and the cost of restoration of the sign to its condition immediately prior to such deterioration or event exceeds fifty percent (50%) of the cost of reconstruction of the sign structure; or
(3) The use of the legal nonconforming sign, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of thirty (30) consecutive days or more. An intent to abandon is not required as the basis for removal under this subsection.
E. Sign Permit Application: For any new sign permit applications filed under this chapter, the City may review all signs within the subject property for compliance with this chapter. Should it be determined that there are legal nonconforming signs on the premises, the City may require that any nonconforming sign displayed on the premises that would affect the compliance of the new sign with this chapter be altered or removed before a new permit may be issued under the provisions of this chapter.
F. Site Plan Application: Any site that is the subject of a Major Site Plan application shall be required as a condition of approval to bring all nonconforming signs on the premises into conformity with the provisions of this chapter.
22. REMOVAL OF IRRELEVANT SIGNS. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the use of the building or structure upon which such sign may be found, within 10 days after written notification from the Zoning Administrator, and upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
23. VARIANCES AND APPEALS.
A. Variances. The Board of Adjustment shall have jurisdiction for any requests for variances involving sign location, sign height, or sign size not consistent with this chapter. The Board shall rule on any request in accordance with Chapter 165.02.
B. Appeals. Any person aggrieved by an order, requirement, decision or determination of the Zoning Administrator in the enforcement of this chapter may file an appeal with the Board of Adjustment in accordance with Chapter 165.02. The Board of Appeals shall have jurisdiction for any requests for an appeal related to the application of the City’s adopted Building Code regulations in accordance with Chapter 163.08.
(Ord. 1701 – Dec. 22 Supp.)
EDITOR’S NOTE | |||
The following ordinances have been adopted amending the Official Zoning Map described in Section 165.01(5) of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect. | |||
ORDINANCE NO. | DATE ADOPTED | ORDINANCE NO. | DATE ADOPTED |
1669 | 10-4-21 | ||
1683 | 12-20-21 | ||
1687 | 1-18-22 | ||
1691 | 3-7-22 | ||
1692 | 3-7-22 | ||
1696 | 8-15-22 | ||
1704 | 1-17-23 | ||
1706 | 2-6-23 | ||
1707 | 2-21-23 | ||
1709 | 3-6-23 | ||
1719 | 9-18-23 | ||
1725 | 1-16-24 | ||
1726 | 1-16-24 | ||
1727 | 1-16-24 | ||
1728 | 1-16-24 | ||
1731 | 3-18-24 | ||
(Ch 165 - Ord. 1660 – Sep. 21 Supp.)