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Any sign existing on the date of adoption of this chapter that does not conform with the provisions of this Code is eligible for characterization as a "legal nonconforming sign" and is permitted to remain except as specified below.
(a) The sign has been altered in a fashion exceeding the allowed maintenance standards in subsection (d) below or relocated.
(b) The sign has been brought into compliance with this subchapter.
(c) The sign is abandoned.
(d) Nonconforming signs may be maintained, altered, modified, or reconstructed provided that such changes do not increase the overall sign area or height. Nonconforming signs or portions thereof may be removed for maintenance, modifications, or reconstruction so long as they are replaced in their original positions and orientations upon completion of the work. The alteration of a sign via the addition of changeable copy or the addition of an electronic message center shall not constitute a change to the sign structure so long as the overall sign area is not enlarged; a new sign permit will be required for inspection purposes.
(1992 Code, App. B, § 15.57.090) (Ord. 42-83, passed 6-27-1983; Ord. 37-87, passed 6-1-1987; Ord. 9-13, passed 3-19-2013)
Signs shall be maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of the signs. Unsafe signs shall be removed or brought into compliance immediately upon written notice.
(1992 Code, App. B, § 15.57.100) (Ord. 42-83, passed 6-27-1983; Ord. 37-87, passed 6-1-1987; Ord. 9-13, passed 3-19-2013)
(a) Right to approval of permits for conforming signage. If a sign that is the subject of a sign permit complies with all applicable regulations of this Code, the city must issue a permit for the sign.
(b) Appeal from denial. Denial of any request for a sign permit is an administrative decision and is appealable in accordance with the provisions of § 160.583 [Appeals] of this Code.
(Ord. 9-13, passed 3-19-2013)
Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken, and with the board of adjustment a notice of appeal specifying the grounds thereof.
(Ord. 9-13, passed 3-19-2013)
OFF-PREMISES SIGNS
(a) Like on-premises signs, off-premises signs use private land and the sight lines created by public rights-of-way to inform and persuade the public. In an effort to protect the health, safety, and welfare of the general public, the purpose of this chapter is to prevent the uncontrolled use of off-premises signs.
(b) To fulfill this purpose, the objectives of these regulations are to preserve the overall landscape quality as well as protect sensitive land uses, protect the value of adjacent lands, and promote the safety of those using the public rights-of-way. To these ends, this subchapter provides for Billboard/Off-Premises Sign Opportunity Overlay District in which off- premises signs shall be located.
(c) General standards for maintenance, size, illumination, and separation are provided to promote communication efficiency balanced with safety on public ways. Off-premises signs are along roadways with higher volumes of traffic and need to provide information to people in a shorter amount of time. Signs cannot create traffic hazards by confusing or distracting motorists or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles.
(1992 Code, App. B, § 15.58.010) (Ord. 42-83, passed 6-27-1983; Ord. 37-87, passed 6-1-1987; Ord. 9-13, passed 3-19-2013; Ord. 88-15, passed 9-1-2015; Ord. 32-24, passed 4-2-2024)
Cross-reference:
Signs and outdoor advertising, see ch. 155
(a) The following section establishes ten (10) Billboard/Off-Premises Sign Opportunity Overlay Districts:
(1) Interstate Opportunity Overlay District: Interstate 29 (I-29) bound by Interstate 90 (I-90) and Interstate 229 (I-229); Interstate 90 (I-90) bound by Marion Road and Interstate 229 (I-229); Interstate 229 (I-229) bound by Interstate 90 (I-90) and Interstate 29 (I-29).
(2) West 12th Street/East 10th Street/Arrowhead Parkway Opportunity Overlay District: The West 12th Street/East and West 10th Street/Arrowhead Parkway Billboard/Off-Premises Sign Opportunity Overlay District shall comprise the area bound by Skunk Creek on the west and Six Mile Road on the east. This opportunity district also includes portions of West 11th Street bound by South Menlo Avenue and South Phillips Avenue; East 11th Street bound by South Phillips Avenue and South Franklin Avenue.
(3) Minnesota Avenue Opportunity Overlay District: Minnesota Avenue bound by West 60th Street North on the north and Interstate 229 on the south.
(4) West 41st Street Opportunity Overlay District: West 41st Street bound by South Marion Road on the west to South Minnesota Avenue on the east.
(5) North Cliff Avenue Opportunity Overlay District: North Cliff Avenue bound by Interstate 90 on the north and East Rice Street on the south.
(6) South Cliff Avenue Opportunity Overlay District: South Cliff Avenue bound by East 10th Street on the north and East 26th Street on the south.
(7) South Western Avenue Opportunity Overlay District: South Western Avenue bound by West 41st Street on the north and Interstate 229 (I-229) on the south.
(8) West 26th Street/South Louise Avenue Opportunity Overlay District: West 26th Street bound by the east side of South Marion Road to South Louise Avenue; South Louise Avenue bound by West 26th Street and Interstate 229 (I-229) on the south.
(9) Russell Street Opportunity Overlay District: Russell Street from Interstate 29 on the west to Minnesota Avenue on the east.
(10) 60th Street North Opportunity Overlay District: 60th Street North bound by Interstate 29 on the west to North Cliff Avenue on the east.
(b) Billboard/Off-Premises Sign Opportunity Overlay District Standards: In addition to the general standards, the following standards shall apply:
(1) Billboard/Off-Premises Sign Opportunity Overlay District changes, expansions, or contractions shall be considered a zoning district change and shall follow the process of a change in zone. Notwithstanding the public notice requirements in §§ 160.653 and 160.654, the city shall not require the applicant to post signs, and the measurement for letters to provide written notice to surrounding property owners shall be from the right-of-way line of the proposed opportunity district.
(2) A lot contiguous with the right-of-way described as the opportunity district shall be considered in the opportunity district.
(Ord. 88-15, passed 9-1-2015; Ord. 5-24, passed 1-9-2024; Ord. 32-24, passed 4-2-2024)
Off-premises signs are allowed with RE2, RE3, RE4, RE5, WM1, WM2, WM3 and OPEN2 forms subject to the following regulations.
(a) (1) Off-premises signs will be allowed a maximum size of 288 square feet except as permitted in § 160.592.
(2) Exception: In addition to the allowable signage, temporary extensions are allowed; however, they shall not exceed 5% of the overall sign area.
(b) No more than one sign face per direction of facing; no more than two parallel sign faces on any one sign structure except as permitted in § 160.592.
(c) Signs will be allowed a maximum height of 40 feet and a minimum height of 12 feet.
(d) (1) There will be a minimum setback of 10 feet from any part of the sign.
(e) No part of the off-premises sign face or structure will be allowed to exist in or overlap into the required side or rear yard setbacks. The signs shall not be located in or overlap into any required buffer yard.
(f) Similar to basics of measuring of this code, all distances will be measured from the closest point of any part of the sign. The sign shall not be within a 600-foot radius of any other off-premises sign intended to be read from the same right-of-way; the sign shall not be within a 600-foot radius of any other off-premises sign intended to be read from a different right-of-way; the sign shall be no closer than 600 feet from any existing off-premises sign on an interstate highway.
(g) Off-premises signs shall be maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of the signs. Unsafe signs shall be removed immediately or brought into compliance upon written notice.
(h) Abandoned signs shall be removed or brought into compliance within 90 days of written notice from the director of planning and building services.
(i) The light from any illuminated sign shall be so shielded, shaded, or directed so that the light intensity shall not adversely affect surrounding or facing premises or safe vision of operators of vehicles on public or private roads.
(j) Blinking or flashing lights are prohibited. Electronic message signs are permitted. The message shall be static; animation is prohibited. The frequency of message change shall be not less than six- (6-) second intervals.
(k) The Interstate 229 corridor includes a variety of residential, commercial, and industrial land uses. In addition, several parks included in the Big Sioux River greenway are adjacent to Interstate 229. The rolling topography provides a unique visual image and character to the city. Therefore, this standard is intended to protect the aesthetic qualities of the Interstate 229 corridor. The total number of off-premises sign structures erected to be read primarily from the Interstate 229 right-of-way shall not exceed 21.
(l) Billboard identification tag to be no larger than 3% in size of the billboard's size allowance.
(m) When the off-premises sign is located on a property with the OPEN2 form, the principal use must be a cultural facility and the off-premises sign must be located adjacent to an interstate.
(n) Off-premises signs shall not be within 500 feet of a sensitive use, cemetery, or any historic district, measured from the off-premises sign pole to the property line of the sensitive use, cemetery, or historic district.
(1992 Code, App. B, § 15.58.020) (Ord. 42-83, passed 6-27-1983; Ord. 37-87, passed 6-1-1987; Ord. 53-87, passed 7-7-1987; Ord. 121-88, passed 12-19-1988; Ord. 39-92, passed 4-6-1992; Ord. 4-03, passed 1-6-2003; Ord. 58-06, passed 5-1-2006; Ord. 04-07, passed 1-2-2007; Ord. 9-13, passed 3-19-2013; Ord. 88-15, passed 9-1-2015; Ord. 114-22, passed 10-4-2022; Ord. 71-23, passed 8-2-2023; Ord. 5-24, passed 1-2-2024)
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