§ 158.047  EXCEPTIONS AND MODIFICATIONS.
   (A)   Businesses not fronting on a street.  Any retail, office or industrial business that does not have street frontage shall be permitted one wall sign on the wall containing the primary public entrance for the business. The maximum permitted area for any sign shall be calculated in the same manner as if the wall fronted on a street; provided that the maximum permitted area shall be 200 square feet and that a minimum of 40 square feet shall be permitted. The sign shall comply with all city requirements for a wall sign that apply to the lot.
   (B)   Pole signs.  Pole signs shall be allowed only by conditional use in accordance with the procedures and requirements of the Zoning Ordinance, except for interstate signs located in the C-H Highway Commercial District and fully compliant with this Code. In addition to all other requirements for approval of a conditional use, the appellant shall submit evidence showing that a monument sign is not feasible and a pole sign is the only means of providing reasonable ground sign identification for the lot.
   (C)   Monument signs. A lot with less than 500 feet of street frontage shall be allowed one monument sign with a maximum copy area of 75 square feet for each street frontage, or a lot with 500 or more feet of street frontage shall be allowed one monument sign with a maximum copy display area of 125 square feet for each street frontage. The total size of the monument shall not exceed two and one-half times the copy area, and the monument shall utilize the same building materials found in the principal building. The maximum height of any sign shall be 20 feet. Copy shall be limited to the name and address of the complex, center or principal tenant, and comprised of individually mounted letters. Alternatively, the copy area may be a plastic face encased in the monument and subject to a maximum copy area of 50 square feet, maximum height of 15 feet, and maximum monument area of 190 square feet. Both the copy area and monument shall be limited to a simple geometric shape unless it emulates the building form. No pole sign shall be erected or maintained on any property that has or is allowed to have a monument sign under the provisions of this Code, a Planned Unit Development Master Plan or a Special Sign District.
   (D)   Individually mounted letters sign.
      (1)   When required by this or any other city ordinance, planned unit development master plan, or any city action, the copy on the signs shall be created entirely from channel letters, reverse channel letters or three-dimensional letters except as otherwise permitted by this division (D).
      (2)   Channel letters may be mounted on a raceway unless expressly prohibited; provided that all raceways shall be painted or otherwise finished to closely match the color of the wall or sign structure to which it is attached. The height of a raceway shall not exceed 33% of the height of the channel letters attached thereto if the letters are more than 24 inches in height, nor a height, depth or width of eight inches in any case, unless it can be shown that a greater dimension is necessary to comply with a requirement of the Electrical Code, Underwriters Laboratories Inc. (UL) or similar safety requirement or standard.
      (3)   Push-through letters may be used for internally illuminated copy that is eight inches or less in height; provided that the sign face shall be formed from aluminum or some other metal having a minimum thickness of one-eighth inch to provide a uniformly smooth surface with no buckling or waving, and the sides and backing shall be opaque. Exposed fasteners shall be minimized and any fasteners on the sign face shall be flush with the face unless the fasteners are an integral part of the sign design.
      (4)   Push-through letters also may be used for internally illuminated trademarks that cannot reasonably be fabricated as a dimensional letter, if the trademark does not exceed 40% of the total copy area.
      (5)   Three-dimensional letters can be used in the same manner as push-through letters if the copy will not be illuminated, or if the entire sign copy is externally illuminated.
      (6)   Each push-through letter shall extend a minimum of one-half inch above the sign face and shall be internally lit.
   (E)   Directory sign.
      (1)   Any retail, office or industrial premises that this Code permits to have a ground sign may erect a directory sign as the permitted ground sign if the premises have three or more tenants occupying a total of not less than 9,000 square feet of gross floor area. Directory signs shall conform to the monument sign requirements except as provided by this division (E).
      (2)   Tenant copy shall be updated within 90 days after any and all changes in tenant occupancy on the premises to reflect current occupancies, and any tenant copy remaining after that time that does not identify a current tenant shall be deemed obsolete and shall cause the entire sign to be defined as an abandoned or unmaintained sign and as such shall be removed in its entirety as required by this Code.
      (3)   Not more than one directory sign shall be permitted on each street frontage unless the premises has 600 or more feet of frontage on a continuous street, in which case two directory signs separated by a minimum of 250 feet shall be permitted. All directory signs on a premises shall be consistent in design, color and materials, and the copy shall be identical except that different tenant names can be displayed in each directory sign.
      (4)   Cabinet signs or other signs with Plexiglas, acrylic, polycarbonate or other translucent faces upon which copy is painted, silk-screened or created by affixing vinyl letters shall be prohibited in all cases.
      (5)   Directory signs shall have a minimum setback of 50 feet from all property lines except street lines; a minimum setback of 100 feet from the point of street line intersection on a corner lot; and a minimum setback of ten feet from any street line or if no street right-of-way line exists shall have a minimum setback of 25 feet from the curb or pavement edge.
      (6)   The premises’ street address, including the entire range of address numbers if more than one, shall be displayed below all other copy and a minimum of three feet above the grade at the base of the sign; shall have a letter height of not less than six inches nor more than 14 inches; shall be formed from individually mounted letters, provided that push-through letters may be used for letters that are eight inches or less in height; shall be lit with the same brightness and intensity as all other copy on the sign; and shall have a white font color if the background is dark, or a dark font color if the background color is light. The address copy shall not be included in computing the permitted sign area or counted as a tenant name.
      (7)   The name of the premises, if any, may be displayed on the monument above or below the tenant copy in individually mounted letters having a maximum height of 14 inches and maximum copy area of 15 square feet in addition to the maximum sign area allowed for the tenant faces.
      (8)   The maximum monument height shall be 15 feet, the maximum monument area shall be 190 square feet and the maximum total sign area for all tenant faces shall be 50 square feet unless the directory sign complies with all of the following criteria, in which case the maximum monument height shall be 20 feet; the maximum monument width shall be 24 feet; and the maximum monument area shall be two and one-half times the copy area or 320 square feet, whichever is less.
         (a)   The copy for each tenant shall be not less than eight inches nor more than 14 inches in height, unless a height of less than eight inches is necessary to fully display an individual tenant’s name and trademark. Calculations for these heights shall be the cap height or ascender height as measured from the copy baseline to the top of the ascenders or capital letters and disregarding the descender height of lower case letters’ stems.
         (b)   All copy shall be fabricated from channel letters, reverse channel letters or push-through letters.
         (c)   Tenant copy shall limited to names and logos displayed on an individual background area for each tenant, and the directory sign shall not display copy for more than six tenants. The tenant background areas shall be fully encased within the sign monument. The background area shall be identical in area and dimensions for all tenants. The background area for each tenant shall not exceed 26 square feet, a height of 24 inches or width of 13 feet. For channel and reverse channel letters, the copy letters shall be the same height for all tenants; the background area dimensions shall be scaled from midpoints between the copy area for each tenant; and the copy area for each tenant shall not exceed 60% of the tenant’s background area.
         (d)   All copy shall be internally illuminated, and all illumination shall be identical in color, brightness and intensity. The background area shall be a single, identical color for all tenants, and the copy shall be a single, identical color for all tenants. It is preferred, but not required, that the background color be dark and that the copy color be white to optimize contrast and night visibility.
   (F)   Temporary signs.
      (1)   Each retail, office or industrial business, and churches, schools and similar institutional uses, shall be allowed to display one banner or one ground sign on its premises (hereafter “temporary sign”) a combined total of not more than four times in each calendar year to advertise or announce seasonal sales, special promotions, store openings or similar events (hereafter “events”) subject to full compliance with the following and all other requirements of this Code.
         (a)   A sign permit shall be obtained and all pertinent fees paid prior to installing or displaying any temporary sign for any event, and each permit shall be valid for a maximum of 25 days. If the city issues a sticker or tag in conjunction with the permit, the sticker or tag shall be valid only for the duration of the permit and for the temporary sign permitted, and shall be firmly affixed to the temporary sign by the permittee. Failure to obtain a sign permit prior to installation or display, or failure to affix the sticker or tag to the temporary sign, shall render the temporary sign unlawful. Copying or emulating the sticker or tag shall be a violation of this Code and subject to any and all penalties allowed by law. Any and all unlawful temporary signs shall be subject to confiscation and destruction, together with civil citations and any and all other penalties allowed by law.
         (b)   A temporary sign shall not be displayed for more than 25 consecutive days for each event and shall comply with all requirements of this Code and the permit issued for the sign. Permits may be applied for consecutive 25-day event periods; provided that the maximum duration of all permits shall not exceed a total of 100 days in each calendar year.
         (c)   Temporary signs shall not be illuminated.
         (d)   Temporary sign banners shall be limited to a maximum area of 100 square feet and a maximum height of ten feet; shall be attached flat to and against the permittee’s building frontage below the eave or parapet line, whichever is lower; and shall be securely anchored and comply with the City Building Code requirements pertaining to wind loads and dead loads, and prevent any and all motion.
         (e)   Temporary ground signs shall be restricted to A-frame signs molded from ultra-violet protected polyethylene or polyvinyl chloride plastic or other rigid, non-metal or non-wood material approved by the Zoning Administrator and having a maximum combined background and copy area of six square feet, and a maximum height of four feet. All copy shall be professionally printed on the sign or a rigid, removable panel using ultra-violet protected and non-soluble ink or paint. Chalk; dry-erase or other markers; hand-lettered copy; vinyl or plastic lettering attached with adhesives; magnetic letters; reader boards; removable letters mounted in slide-in tracks, slots, channels or other mounts; or other changeable message signs are expressly prohibited. Moving parts, balloons, streamers, pennants, illumination or other adornments or effects are expressly prohibited along with all other prohibitions of this Code.
         (f)   Temporary ground signs shall be displayed only between the hours of 7:00 a.m. and 8:00 p.m. each day or while the business is open to the public, whichever is less, and shall be displayed only during mild weather conditions when winds or other conditions are incapable of tipping or transporting the sign. At all other times the sign shall be stored in a location that is not visible from any street or public way.
         (g)   Temporary ground signs shall be set back a minimum of five feet from all property lines; shall not be located on public property under any circumstances; shall not be attached to trees, shrubs or other landscaping, or to fire hydrants, light poles or other utility appurtenances; and shall not be allowed to create an unsafe situation for the public. The signs shall manufactured or incorporate internal ballast sufficient to cause the sign to weigh not less than 15 pounds. In addition, the signs shall be sufficiently weighted or ballasted to withstand continuous wind speeds of not less than 15 mph; to withstand wind gusts or bursts of not less than 25 mph; and the signs shall not be displayed at any time when wind strength or other conditions may reasonably be expected of being capable of tipping, collapsing or transporting the sign around or off the premises, and may be confiscated by the city and a citation issued if the permittee does not remove or otherwise continuously and satisfactorily remedy the situation for the duration of any and all wind incidents or other inclement weather conditions potentially capable of making the sign dangerous.
      (2)   Temporary signs promoting a civic event, celebration or festival that is recognized by the City Council are permissible for no more than 45 days prior to the first day of the event, celebration or festival, and shall be removed immediately upon completion of the event, celebration or festival. Each sign allowed by this division (F) shall not exceed 32 square feet in area or a height of eight feet; shall be located only on private property or on public property for which permission has been obtained from the appropriate governing body owning or controlling the public property, or their authorized Administrator; and shall be weighted or ballasted to resist wind, and be removed during inclement conditions, in the same manner that is required by this section for temporary ground signs.
   (G)   Interstate identification signs. No tenant or business shall erect, maintain or display copy on more than one interstate identification sign.
      (1)   Interstate wall sign. A commercial or industrial use that is located within 600 feet of and visible from the interstate may display an interstate-oriented wall sign that is comprised of individually mounted letters in accordance with division (D) above. Interstate wall signs may be mounted on two opposing walls that are perpendicular to the interstate as if the building was a sign monument, or on a wall that faces the interstate in the customary manner for a wall sign, but shall not erect interstate wall signs under both options.
         (a)   The maximum area of an interstate wall sign shall not exceed 300 square feet or two square feet for each lineal foot of building frontage on the interstate, whichever is less, regardless of whether such interstate sign is placed on a wall that faces the interstate or is on a wall that is perpendicular to the interstate.
         (b)   Interstate wall signs shall not be placed or erected above the sixth floor, parapet line or eave of any building, except within a gable at a height that is not more than 15 feet above the building’s eave or parapet height.
         (c)   Tenants that have an interstate wall sign shall not qualify or be permitted to erect or maintain an interstate high-rise sign or interstate monument sign.
      (2)   Eligibility for an interstate monument sign. A nonresidential tenant or business that does not erect, maintain or display any copy on an interstate wall sign or interstate high-rise sign may be identified on an interstate monument sign, if the tenant is located on a parcel of land that complies with the following minimum criteria:
         (a)   The parcel shall be zoned for commercial or industrial use, unless the tenant has obtained a conditional use permit to locate in a residential or agricultural zoning district in accordance with the requirements of the Zoning Ordinance.
         (b)   The parcel shall have a minimum of 300 feet of frontage on the interstate, or two or more adjoining parcels may be combined to satisfy such minimum frontage requirement and share a single interstate identification sign provided that they shall enter into a development agreement that is satisfactory in form to the Zoning Administrator, setting out arrangements to apportion the permitted copy area, for maintenance of the sign and similar matters that may be prescribed by the Zoning Administrator.  Any such shared sign is hereby deemed to be an on-premise sign for the purposes of this Code, even though some of the copy may identify tenants that are not located on the sign premises.
         (c)   Nonresidential tenants of parcels that do not have interstate frontage, but that front on a public street that provides access to parcels having interstate frontage, may be allowed to share and be identified on an interstate monument sign on a parcel that has interstate frontage, provided that the owners of such parcels shall enter into a development agreement that is satisfactory in form to the Zoning Administrator, setting out arrangements to apportion the permitted copy area, for maintenance of the sign and similar matters that may be prescribed by the Zoning Administrator. Any such shared sign is hereby deemed to be an on-premise sign for the purposes of this Code, even though some of copy may identify tenants that are not located on the sign premises.
      (3)   Regulations for an interstate monument sign. Interstate monument signs shall comply with all of the following regulations:
         (a)   The sign faces shall be perpendicular to, or in the case of a curve radial to, the closest point of interstate right-of-way.
         (b)   Sign monuments shall not exceed a maximum height of thirty feet as measured from the height of the Interstate roadway surface that is most-proximate to the sign location, or 20 feet as measured from the average grade within 100 feet of the base of the sign, whichever is greater. The maximum monument width shall be 24 feet. The maximum area of the monument shall be 300 square feet, computed as a single rectangle that encloses the monument’s outer-most points.
         (c)   The monument shall be constructed with the same building materials and colors used in the principal building on the parcel where the sign is located.  The copy area and monument shall both be limited to a simple geometric shape unless the monument form emulates the building form.
         (d)   Signs shall be set back a minimum of twenty feet but not more than 75 feet from the interstate right-of-way line, and shall be set back a minimum of 125 feet from all other property lines or located at the midpoint of the parcel’s interstate frontage if a parcel is less than 250 feet in width.
         (e)   Each parcel shall be limited to one interstate monument sign unless the parcel has more than 900 feet of interstate frontage, in which case a second interstate monument sign may be allowed subject to providing a minimum separation of 500 feet between said two signs.
         (f)   No tenant shall display copy on more than one interstate identification sign.
         (g)   1.   An interstate monument sign may be a directory sign displaying copy for a maximum of six tenants, subject to all copy being comprised of individually mounted letters or trademarks and being in full compliance with the Sign Ordinance’s requirements for directory signs having individually mounted letters, except that:
               a.   The copy for each tenant shall not exceed a maximum of 18 inches in height, and all other minimum and maximum copy and background dimensions shall be scaled upward accordingly from the 14-inch maximum copy height prescribed by division (E) above;
               b.   The background and copy colors are encouraged, but not required, to be a single, identical color for all tenants.
            2.   In all other respects the directory sign shall comply with all requirements of the Sign Ordinance for individually mounted letters and directory signs.
         (h)   The total copy area shall not exceed 210 square feet, whether the sign is a directory sign or identifies a single tenant, and copy shall be limited to tenant names and trademarks; the name of a development; and the street address of the parcel where the sign is located.
         (i)   The area around the base of the interstate sign monument shall be landscaped with not less than 12 shrubs or six trees or a combination thereof, in locations and of mature heights that will mitigate and minimize the overall mass of the sign, while not obscuring any sign copy.
      (4)   Eligibility for an interstate high-rise sign. One interstate high-rise sign may be allowed on any buildable parcel that conforms to all of the following criteria:
         (a)   The property is zoned “C-H” Highway Commercial District;
         (b)   The principal use of the property is retail sales of food, lodging or fuel, or providing repairs or services that are essential to normal operation and maintenance of motor vehicles; and
         (c)   It is not separated from the Interstate by any property that is zoned or designated by the Comprehensive Plan for any residential or office use, on either side of the route of access; and is located within a maximum travel distance of 2,600 lineal feet from the interstate highway, said distance being calculated by beginning at the center point of the interstate median at the nearest interchange, and thence measuring along the centerlines of streets traveled to reach the property’s primary access, to the closest point on the lot.
      (5)   Regulations for an interstate high-rise sign. Interstate high-rise signs shall comply with all of the following regulations.
         (a)   The sign faces shall be perpendicular to, or in the case of a curve radial to, the closest point of interstate right-of-way.
         (b)   The minimum setback shall be 50 feet from the Interstate right-of-way line and a minimum of 125 feet from all other property lines.
         (c)   The maximum sign area shall be 300 square feet, except as provided by division (I) below for motor fuel price signs.
         (d)   The maximum height shall be 50 feet as measured from the height of the interstate roadway surface that is most-proximate to the sign location, or 35 feet as measured from the natural grade at the base of the sign, whichever is greater.
         (e)   If the interstate high-rise sign is not a monument sign, it shall be designed to be supported by two pylons placed at the outer edges of the sign face and having rectangular sections, in order to emulate a monument sign to a reasonable extent.
   (H)   Planned unit development or special sign districts.  Planned unit developments or other developments are encouraged to set up special districts establishing separate design-oriented regulations which promote better design and higher quality of signs, in lieu of the provisions of this Code. These special provisions shall be submitted for consideration by the Planning and Zoning Commission and City Council, and if approved shall be binding and have the same force and effect as this Code. If no special provisions are approved the provisions of this Code shall apply.
   (I)   Motor fuel price signs.
      (1)   Gasoline service stations, convenience stores and similar retail businesses selling gasoline or similar fuels for use in motor vehicles as a major part of their business, shall be allowed sign area in addition to that customarily permitted by this Code, to display manually changeable price information for fuel. The copy on each price sign shall be limited to the type of fuel, such as “unleaded” or “diesel” and price per unit of measure therefor. The maximum copy area for any one fuel price and type shall be eight square feet, and the maximum total additional sign area shall not exceed 16 square feet. The signage may be placed on a ground sign, wall sign or canopy support if the sign types are customarily permitted, but shall not be placed on a separate sign structure or portable sign.
      (2)   These businesses which are eligible for an interstate sign in accordance with the criteria and regulations specified by division (B) above, shall be allowed to place sign area on the permitted interstate sign in addition to that customarily allowed by this Code, to display fuel price information. Copy shall be limited as stated above. The maximum copy area of any one fuel price and type shall be 25 square feet, and the maximum total additional sign area shall not exceed 50 square feet. Because of the nature of the signage, the price copy may be displayed in a single color in the manner found in an electronic message center, or may utilize mechanical means of altering the copy. The copy message shall not be changed more than six times in any 24-hour period, and only to reflect changes in the sales price of the fuels and communicate same to the traveling public. Flashing, scintillation, chasing, animation, occultation or similar effects are expressly prohibited.
   (J)   Automobile dealerships.  Businesses which sell new cars as a principal business shall be allowed one ground sign in addition to the number customarily allowed by this Code, with a maximum area of 40 square feet and maximum height of 20 feet, to identify a sales area for used cars.
   (K)   Off-premises signs.
      (1)   Where permitted.
         (a)   Off-premises signs shall not be located within 660 feet of the interstate right-of-way, irrespective of zoning. Not more than one off-premises sign shall be located on any one lot or parcel. Off-premises signs are a permitted use in the M-2 Business Park District, and may be permitted as a conditional use on a limited basis in the C-H Highway Commercial District and M-1 Planned Industrial District, subject to all of the requirements of this Code, the Zoning Ordinance and other applicable regulations.
         (b)   Where permitted subject to conditional use approval, the following conditions shall be met, together with all other customary standards for a conditional use.
            1.   It is the intent of the city to promote removal of existing legally nonconforming off-premises signs, particularly those within zoning districts where they are no longer permitted, by providing an opportunity for a limited number of signs to be erected in the C-H and M-1 Districts to replace nonconforming signs, if it can be found that the new signs would not be detrimental to the public health, safety and welfare, nor to property values or aesthetics. In addition, no sign shall be permitted in the C-H or M-1 District unless and until an existing legally nonconforming off-premises sign in a residential district, PUD, C-N, C-G, C-H or  M-1 District within the city is voluntarily removed by the appellant without compensation being paid for the sign by a governmental body or agency, and without being required to do so by the owner or lessee of the property, prior to or concurrently with erection of the proposed sign. The appellant shall provide satisfactory evidence showing how and when the removal will be accomplished.
            2.   In the M-2 District, the area of a permitted sign may be increased to not more than 675 square feet, and the height to not more than 35 feet, after obtaining a conditional use permit and satisfactorily showing that buildings and lot sizes in the vicinity of the sign generally are of a size that the increased area and/or height of the sign will be in keeping with the scale of the area, and that the sign will not overwhelm or dominate the street and vicinity. Evidence shall be required to show that the majority of the buildings are generally 30 feet or more in height, with floor areas of 75,000 square feet or more; and that lot or parcel sizes are generally five acres or more in size.
      (2)   Bulk regulations.
         (a)   Height.  The maximum height shall be 25 feet in the case of a sign having an area of 300 square feet or less, and not more than 35 feet in height if the sign is permitted to have an area of more than 300 square feet.
         (b)   Setback.  The minimum setback from each property line shall not be less than the height of the sign, and the minimum setback from any and all streets shall not be less than the average setback of the principal buildings located on adjoining lots. The maximum setback shall be 75 feet. If no building is located within 300 feet of the lot where the off-premises sign is located in one or both directions, then the minimum front setback required for the district shall be used for the vacant property in computing the street setback requirement. Setbacks shall be measured to the closest point of the sign, including any walkways or similar appurtenances to the sign or sign structure that extend more than four feet from the sign face.
         (c)   Size.  The maximum area shall be 300 square feet except as otherwise permitted. A maximum area of 675 square feet may be allowed by conditional use in the M-2 Business Park District; if so allowed, the signs may also have extensions not exceeding 15% of the sign area.
         (d)   Spacing.  Off-premises signs shall be located a minimum of 1,000 feet in any direction from any other off-premises sign or any electronic message center, and not less than 500 feet in any direction from the property line of any public park or building, or the boundary of a zoning district in which off-premises signs are not permitted, unless the sign will not be visible from that public property or zoning district.
         (e)   Orientation.  The faces shall be perpendicular to, or in the case of a curve radial to, the street right-of-way.
   (L)   Electronic message centers.  Electronic message centers may be allowed in lieu of an interstate sign otherwise permitted by division (B) above, but only by special permit granted by the City Council and subject to all of the requirements of this section, including the payment of fees, and any additional stipulations adopted by the City Council as conditions for granting the permit. The City Council finds that message centers create special concerns for the safety of the motoring public and aesthetics of the community which necessitate additional regulations and additional penalties to ensure compliance with the city’s regulations.
      (1)   Eligibility for an electronic message center.
         (a)   Permits shall be issued only to interstate-oriented retail businesses providing food, lodging or fuel or repair services essential to normal operation and maintenance of motor vehicles. The lot on which the business is located shall have a minimum of 500 feet of frontage on an interstate highway, shall be zoned C-H Highway Commercial District, and located within a travel distance of 2,600 feet from the interstate highway as defined by division (B) above.
         (b)   These business shall further demonstrate that: a competing interstate business within the Des Moines Metropolitan Area with the same principal use has lawfully erected an electronic message center; and the message center will not obstruct the view of or distract attention from official governmental signs or become a public nuisance.
         (c)   Any and all variances granted for ground signs shall be voluntarily vacated and declared null and void. Existing interstate signs shall be removed concurrently with erection of the electronic message center, and all other existing ground signs, except directional signs, shall be removed within five years after erection of the electronic message center. No new on-premises ground signs shall hereafter be erected or used by these business unless the electronic message center is first removed; the existing ground signs shall be considered fully amortized upon erection of the electronic message center, and shall be treated as legally nonconforming signs thereafter.
      (2)   Bulk regulations.
         (a)   Height.  The maximum height of any sign which includes an electronic message center shall be 50 feet above the roadway grade of the interstate highway at that point closest to the sign.
         (b)   Setback.  An electronic message center shall be setback a minimum of 50 feet from the interstate right-of-way but not more than 200 feet from the right-of-way; shall be sufficiently setback from any public street right-of-way other than an interstate or interstate frontage road so as to be located a minimum of 350 feet from the centerline of the streets; and 50 feet from any other property line.
         (c)   Size.  Maximum total area of any sign containing an electronic message center shall be 300 square feet, and the maximum dimensions of an electronic message center shall be four feet, eight inch vertically and 40 feet horizontally; the sign shall not be eligible for additional sign area under division (E) above.
         (d)   Operation.  Electronic message centers shall not utilize animation, chasing, flashing, scintillation, scrolling or running messages, fade or any other effect which depicts movement or is intended to draw attention to the sign. Each copy display, whether or not in a sequential message, shall be totally extinguished a minimum of one second before a new copy display appears, and each copy display shall remain lit a minimum of five seconds. These signs shall not display off-premises advertising. Other limitations may be imposed by the City Council if found to be necessary to protect the public health, safety and welfare.
         (e)   Spacing.  Electronic message centers shall be located a minimum of 1,000 feet from any other electronic message center or any off-premises sign.
         (f)   Orientation.  The faces shall be perpendicular to, or in the case of a curve radial to, the right-of-way of the nearest section of interstate.
      (3)   Special permit requirements.
         (a)   Application.  Application shall be made to the City Council on a form prescribed by the city, and shall be accompanied by a contract with a licensed sign company for the maintenance of all electrical components and the sign structure; fees; and surety to guarantee compliance with all regulations. The permittee shall provide the name and address of a person who will be responsible for operation of the sign, and in making application acknowledges that violation of these regulations shall result in forfeiture of surety and constitutes grounds for nonrenewal of the permit.
         (b)   Fee.  An annual fee set by City Council resolution shall be paid to the city to cover the costs of monitoring the sign and enforcing these regulations; an additional fee for the initial permit shall be paid in the amount of the engineering fee for the services required by division (M)(2)(b) above.
         (c)   Surety.  The permittee shall deposit a cash bond or other acceptable surety in the amount of $5,000 with the city to ensure compliance with these regulations. The surety shall be forfeited to the city if the number of violations in any one year exceed the number allowed herein, or if the permittee fails to file for a renewal of the license within 60 days after the date of expiration. The city may use the proceeds of the bond to remove the sign or for any other purpose, and if choosing to remove the sign may assess any costs including legal fees in excess of the surety amount against the property.
         (d)   Violations.  If any one or more of the restrictions on operation on a message center, as specified in division (M)(2)(d) above, are violated on more than three separate occasions in any license year, the surety required herein shall be forfeited unless the City Council directs otherwise, and these violations shall be grounds for denying a renewal of the permit. The City Council shall hold a public hearing on the matter and provide a minimum of seven days’ notice. The Zoning Administrator or other official charged with enforcing this Code shall document each violation and send notice of same to the person and address identified on the permit application as being responsible for the message center. The permittee shall be responsible for informing the city in writing of any changes in the name or address of the responsible party. Violations shall be promptly corrected, and if not corrected within seven days after notification shall constitute a separate violation.
         (e)   Hold-harmless.  The permittee shall hold the city harmless and indemnify it against any and all costs or judgments arising from erection and operation of the sign.
         (f)   Renewal.  Permits may be renewed each year at the City Council’s discretion upon payment of the prescribed fee and providing all information and the surety required herein, and upon demonstrating continued compliance with all of the requirements of this and all other ordinances.
   (M)   Public buildings and churches.  Publicly-owned or leased buildings and churches shall be allowed to erect wall signs and monument signs regardless of the zoning district in which the lot is located in accordance with the following.
      (1)   Wall signs shall be allowed, provided that the maximum copy area shall be two square feet for each lineal foot of building frontage and not more than 200 square feet, whichever is less, on each building frontage.
      (2)   A monument sign having a maximum of 75 square feet of copy area shall be allowed on each street frontage to the extent allowed by this Code, subject to compliance with all monument sign requirements of this chapter.
      (3)   All wall and monument signs shall be individual letter signs.
(Title VII, Ch. 17, § 4.3)  (Ord. 2008-01, passed 3-25-2008; Ord. 2008-08, passed 6-3-2008; Ord. 2009-06, passed 5-19-2009; Ord. 2010-03, passed 2-23-2010; Ord. 2013-01, passed 4-3-2013)  Penalty, see § 158.999