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HomeMy WebLinkAbout~Master - Amending Sign Ordinance ORDINANCE NO. 2578 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING ARTICLE II OF CHAPTER 8 THEREOF AS SAID ARTICLE HAS HERETOFORE EXISTED, AND ENACTING A NEW ARTICLE II OF CHAPTER 8 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, SAID NEW ARTICLE TO BE ENTITLED "SIGNS" FOR THE PURPOSE OF REGULATING THE ERECTION, CONSTRUCTION, REPAIR, ALTERATION, LO- CATION, AND MAINTENANCE OF SIGNS WITHIN THE CITY OF AMES; PROVIDING FOR THE ISSUANCE OF PERMITS AND LICENSES AND FEES THEREFOR; THE REVOCATION OF PERMITS AND LICENSES; INSPECTIONS; PROVIDING A PENALTY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF AMES, IOWA: Section 1. Article II of Chapter 8 of the Municipal Code of the City of Ames, and article entitled "Signs, Awnings and Outdoor Dis- play Structures" be and the same is hereby repealed. Section 2. The Municipal Code of the City of Ames, Iowa, be and is hereby further amended by enacting a new Article II of Chapter 8, and said article to read as follows: ARTICLE II SIGNS : Sec. 8-2001. Short title--scope-purpose. This article may hereafter be known and cited as the "Sign Regulations." The provisions of this article shall govern the con- struction, repair, erection, alteration, location, and maintenance of privately owned outdoor signs and outdoor advertising and identification devices of every kind, together with their appurtenant and auxiliary devices. The Sign Regulations are found and declared to be nec- essary and proper to the following purposes: a. Protecting property values within the City of Ames. b. To prevent the occurrence of urban blight and slum conditions. c. To protect the general public from damage and injury which may be caused by the faulty and unregulated use of signs. d. To prevent any unreasonable appropriation of the pub- lic domain, its open spaces, streets, and ways to private use. e. To restore, preserve, and promote aesthetic character in the City of Ames. Sec. 8-2002. Definitions. a. Awning sign: Any sign affixed directly on or attached to an awning. b. Canopy sign: Any sign mounted on or supported by a canopy. c. Ground signs: Any sign supported by one or more up- rights or braces placed upon or set into the ground. d. Illuminated sign: Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. e. Marquee Sign: Any sign mounted on or supported by a marquee. f. Off premises: Signs not located at the site of that which is advertised or identified. g. On premises: Signs located at the site of that which is advertised or identified. h. Projecting sign: Any sign other than a wall sign which is attached to a building and extends beyond the line of said building. i. Roof sign: Any sign erected, constructed and main- tained wholly upon or over the roof of any building. j . Sign: Any advertising device or surface out-of-doors, on or off premises, which conveys information or identification. k. Sign Structure: An element or assemblage of elements which supports or is capable of supporting a sign. A sign structure may be free-standing, attached to a building, an integral part of the building, or combina- tion thereof. 1. Structural member: A component part of a structural system required to carry the primary supportive stresses of the building to the ground, as opposed to members carrying little or no supportive stress other than their own weight, and functioning an in-fill or non-structural enclosure. m. Temporary and/or portable signs: Any sign, banner, pen- nant, valance, to be displayed for a limited time only, or any sign set upon the ground unsecured. A portable sign shall be defined as any sign set upon or affixed to any device or ground with wheels or skids or framing so as to afford portability by persons or auxiliary devices. n. Wall sign: A sign, impressed or painted on, or attached to a wall with the exposed face of the sign in a plane approximately parallel to the plane of the wall. Sec. 8-2003. Measurement standards: If a sign has two (2) or more faces, the area of all faces shall be included in determining the total area of the sign: except that if two sign faces are placed back to back, and are at no point more than thirty (30) inches from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. Sec. 8-2004. Permits required: It shall be unlawful for any person to erect, alter structurally or relocate within the City of Ames any sign as herein defined with- out first obtaining a permit from the building official and making payment of a fifteen dollar ($15r00) fee for non-electrical and twenty-five dollar ($25.00) fee for electrical signs. All electrically illuminated signs shall be subject to the provisions of all electrical codes adopted by the City of Ames. Sec. 8-2005. Sign Erector's License - Required; To Whom Issued; Classes; Expiration; Annual Fee. Every person erecting or installing signs for which permits are required by this article shall obtain a license to conduct such operations. The license to erect signs shall be known as a sign erector's license, of which there will be three classes as hereinafter set out, and shall be issued only to those per- sons who complete the application for Class (A) , (B) , (C) sign erector's license, and who show sufficient knowledge and exper- ience to satisfy the Division of Permits and Inspection as to their ability to erect signs the size and weight allowed by the class of license for which they are applying in a safe and sub- stantial manner in accordance with the provisions of this article.* The three classes of licenses and the allowable weight and size of signs that may be erected thereunder shall be as follows: CLASS A A Class A License shall entitle the holder thereof to erect any sign that may be erected in accordance with the provisions of this article. Proof of Bond in the amount of $10,000 must be provided. Initial License Fee - $15.00 Annual Renewal License Fee - $5.00 CLASS B A Class B License shall entitle the holder thereof to erect any sign which does not exceed 75 square feet in area or 400 pounds in weight. Proof of Bond in the a- mount of $5,000 must be provided. Initial License Fee - $15.00 Annual Renewal License Fee - $5.00 CLASS C A Class C License shall entitle the holder thereof to erect any sign which does not exceed 32 square feet in area or 150 pounds in weight. Proof of Bond in the a- mount of $2,500 must be provided. Initial License Fee - $15.00 Annual Renewal License Fee - $S.00 All licenses shall expire on December 31 of the year issued. Annual License Fees will be due and payable prior to expiration of current Annual License. *Sign applicants not engaged in the business of erecting signs who choose to construct and erect a sign not exceeding the specifications in Class C above on their own property shall be exempt from the above provision for licensing and bonding. Sec. 8-2006. A plicationss for Permits: Applications for per- mits shall be ma e upon blanks provided by the building official and shall contain or have attached thereto the following information: a. The name, address and telephone number of the applicant. b. The location of building, structure, or lot where the sign is to be located. c. Position of signs in relation to nearby buildings or structures. d. Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or on the ground. e. Written consent of the owner of the building, structure, or land to which or on which the sign is to be erected. The lease between landlord and tenant will constitute written consent. f. The name of the person, firm, corporation, or association which is licensed by the City of Ames to do the work of installing or erecting the sign. g. Such other information as the building official shall require to show full compliance with this and all other laws and ordinances of the City of Ames which may be applicable, including the in- tended duration of temporary signs. Sec. 8-2007. Illuminated signs; approved by electrical inspector--building official. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be sub- mitted to the electrical inspector. The electrical inspector shall examine the plans and specifications with respect to all wiring and connections to determine if the same specifications comply with applicable electrical codes prior to submission of the application to the building official for final approval or disapproval. Sec. 8-2008. Permit issued if application in order. It shall be the duty of the building official upon the filing of an application for a permit to examine such plans and speci- fications and other data and the premises upon which it is pro- posed to erect the sign, and if it shall appear that the pro- visions of the Sign Regulations and all other laws and ordinances of the City of Ames are complied with, he shall then issue the permit. If the work authorized by such permit is not completed in six (6) months from the date of its issuance, such permit shall become null and void. Sec. 8-2009. Inspection. The building official or his designees may inspect signs subject to the provisions of the Sign Regulations for the purpose of determining whether the same is in compliance with the Sign Regulations. Sec. 8-2010. Permit Revocation. If the building official shall find that any sign subject to the Sign Regulations 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 the Sign Regu- lations, he shall give written notice thereof to the person in possession and control of the premises on which the sign is located. If such person fails to remove or alter the sign so as to comply with the provisions of the Sign Regula- tions within thirty (30) days of such notice, such person shall be guilty of a misdemeanor. If a sign is an immediate hazard, the building official may cause it to be removed immediately. A permit for a sign is a license revocable at any time by the City Council for the City of Ames subsequent to notice to the permittee and an opportunity for the permittee to be heard by said City Council. Sec. 8-2011. Construction. All signs shall be constructed in such a manner and in- stalled with such materials so as to be considered safe and substantial by the building official. The Division of Per- mits and Inspections may require a copy of stress sheets and calculations showing the structures as designed for dead load and wind velocity in the amount required by the Uniform Building Code adopted by the City of Ames. Sec. 8-2012. Maintenance provisions. Signs shall be maintained so as to be structurally sound and in a safe condition, and shall be kept in a state of undeteriorated appearance by means of painting, sealing or coating and repair or replacement of damaged parts, panels or lights. Sec. 8-2013. Removal of certain signs. Any sign now or hereafter existing, which for a period of six months no longer advertises a bona fide business conducted, or a product sold, or a service offered, shall be taken down and removed by the owner or owners of the building or premises upon which it is located within thirty (30) days of written notice from the building official. Sec. 8-2014. Prohibitions. No person shall have or permit on any premises: a. Any permanent sign which consists of or incorporates pennants, twirler lights, pinwheels, whirligigs or other displays or devices which are designed to be activated by atmospheric conditions so as to attract or distract the attention of the public by virtue of their movements. b. A ground sign which extends to any degree over public property. c. All signs which employ flashing, blinking or rotating lights, except time and temperature sign. d. Any off premises sign nearer than three hundred fifty (350) feet radius to any other off premises sign. , e. Any off premises sign shall not exceed three hundred (300) square feet or contain more than two (2) surfaces back to back. f. Any off premises sign in the following zoning districts in the City of Ames: S-1, S-2, R-1, R-2, R-3, R-4, R-5, H-M g. Signs attached to or placed upon rocks, fences, trees, utility poles. Sec. 8-2015. Exemptions from permits. The following signs shall not require a permit; however, such signs shall be subject to the Sign Regulations: a. Non-electrical real estate signs not exceeding six (6) square feet in area, which advertise the sale, rental, or lease of the premises upon which said signs are located only. -6- b. Non-electrical signs, including bulletin boards, which are not over sixteen (16) square feet in area,for public, educational, charitable, fraternal or religious institu- tions when the same are located on the premises of such institution. c. Non-electrical signs denoting only the name and profes- sion/business of an occupant in a commercial building, public institutional building, or dwelling house and not exceeding two (2) square feet in area. d. A non-electrical single sign denoting the architect, en- gineer or contractor when placed upon work under construc- tion and not exceeding thirty-two (32) square feet in area. e. Non-electrical memorial signs or tablets, names of build- ings, and date of erection when cut into any masonry sur- face or when constructed of bronze or other non-combustible materials. f. Publicly owned Street name signs, traffic control signs, legal notices, railroad crossing signs, danger and tempo- rary warning or emergency signs; and, emblems, names, logo, and symbols on motor vehicles and equipment being used for purposes other than the display of signs or advertising devices. g. Non-electrical public service signs which give only directions "in and out" or signs which provide only information about directing people to ancillary fac- ilities such as parking, entrance, etc. h. A non-electrical temporary sign supporting a candidacy for office or urging action on any other matter on the ballot of a primary, general or special election, or city election. i. A non-electrical temporary or portable sign. Sec. 8-2016. Obstruction--doors, windows, or fire escapes. No person shall erect, locate or maintain any sign so as to prevent free ingress to or egress from any door, window, or fire escape. No person shall attach any sign of any kind to a stand pipe or fire escape. Sec. 8-2017. Signs not to constitute traffic hazards. No person shall erect any sign at the intersection of any street in such a manner as to obstruct free and clear vision of such intersection, 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. Sec. 8-2018. Reflector lights. Lighting shall be permitted on signs provided, however, the reflectors shall be provided with proper lenses, concen- trating the illumination on the area of the sign so as to prevent glare upon the street or adjacent property. Sec. 8-2019. Spotlights and floodlights. It shall be unlawful for any person to have any sign which is wholly or partially illuminated by floodlights or spot- lights that interfere with the vision of pedestrian or vehicular traffic. Sec. 8-2020. On-premises signage. For all signs subject to the Sign Regulations in Classes of Districts in the City of Ames zoned A-1, C-1, C-2, C-3, C-4, I-1, I-2, I-3, and H-M, there may be three (3) square feet of signage for each levied foot of street frontage. Where any side of a building abuts on an alley, only painted on wall signs shall be permitted on the side abutting the alley. Such sign shall be calculated as part of total permissible signage. For all signs subject to the Sign Regulations in Classes of Districts in the City of Ames zoned S-1, S-2, R-1, R-2, R-3, R-4, and R-5, only the following signs are permitted: a. Real estate signs not. exceeding six (6) square feet in area, which advertise the sale, rental, or lease of the premises upon which said signs are located only. b. Signs, including bulletin boards, which are not over sixteen (16) square feet in area for public, educational, charitable, fraternal. or religious institutions when the same are located on the premises of such institution. c. Signs denoting only the name and profession/business of an occupant in a commercial building, public institutional building, or dwelling house and not exceeding two (2) square feet in area. d. Single sign denoting the architect, engineer or contractor when placed upon work under construction and not exceeding thirty-two (32) square feet in area. e. Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when con- structed of bronze or other non-combustible materials. f. Publicly owned Street. name signs, traffic control signs, legal notices, railroad crossing signs, danger and tempo- rary warning or emergency signs; and, emblems, names, logo, and symbols on motor vehicles and equipment being used for purposes other than the display of signs or advertising devices. g. Public service signs which give only directions "in and out" or signs which provide only information about directing people to ancillary facilities such as parking, entrance, etc. h. Temporary sign supporting a candidacy for office or urging action on any other matter on the ballot of a primary, general or special election, or city election. i. Temporary or portable sign. Sec. 8-2021. Sign support and anchorage. All signs shall be of such a design that all framework for the support of the sign shall be contained within the sign's body or within the structure of building to which it is at- tached in such a manner as not to be visible to any person. Exposed guy wires, chains, angle irons or other framework shall not be used as a permanent support of the sign. Sec. 8-2022. Ground signs. All ground signs subject to Sign Regulations shall meet the following requirements: i� a. All letters, figures, characters or representations in cutout or irregular form maintained in conjunction with or attached to or superimposed upon any ground sign shall be safely and securely built or attached to the sign's structure. b. Signs and location: 1. It shall be unlawful to erect or permit any ground sign of a height greater than fifty (50) feet. 2. Off-premises ground signs will be permitted to have a maximum of three hundred (300) square feet of sign surface on a side. 3. No ground sign shall be erected or permitted nearer the street than the property line; provided, however, such placement is not in conflict with special build- ing line setbacks as established from time to time by City Council. No part of said sign shall be per- mitted to overhang the public domain. 4. The minimum distance between on-premises ground signs on any one business location shall be fifty (50) feet. c. The premises surrounding all ground signs shall be main- tained by the owner thereof in a sanitary and uncluttered condition, free and clear of all obnoxious substances, rubbish, litter, and weeds. Sec. 8-2023. Wall signs. Wall signs subject to the Sign Regulations shall meet the following requirements: a. Location. 1. Limitation on placement. No wall sign shall cover wholly or partially any wall opening or project be- yond the ends or tops of the wall to which it is attached. 2. Projection over public property. No wall sign shall be erected in a plane which is more than twelve (12) inches over the surface of any public right-of-way. 3. Alleys. Only wall signs painted on the wall of a building will be permitted. Sec. 8-2024. Roof sign. a. Materials. The uprights, supports, and braces thereof shall be constructed of materials as set forth in the Uniform Building Code adopted by the City of Ames. b. Location. 1. Height limitations. No roof sign shall have its highest point extend more than twenty (20) feet above the roof level. 2. Setback from roof edge. No roof sign shall be erected or maintained with a face thereof nearer than five (5) feet to the outside wall toward the sign faces. 3. Prohibited obstructions. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage from one part of said roof to another part thereof, or interfere with openings on said roof. c. Bracing, anchorage and supports. Every roof sign shall be thoroughly secured to the building by iron or other metal anchors, bolts, supports, rods, or braces. The sign supports shall be anchored into the basic building structure, roof joists, or roof girders. The bearing points of such sign may bear on masonry walls or inter- mediate steel columns in the building or shall be sup- ported or anchored to the structural members of the building. d. Off premises. Off-premises roof signs shall not be permitted. Sec. 8-2025. Projecting signs. All projecting signs subject to the sign regulations shall meet the following requirements: a. Support. All bracing systems shall be designed and constructed to transfer lateral forces to the founda- tions. For signs on buildings, the dead and lateral loads shall be transmitted through the structural mem- bers of the building to the ground in such manner as not to overstress any of the elements thereof. b. Limitations on glass. The lettering or advertising design to be illuminated on projecting signs may be composed of glass or other transparent or semi-trans- parent material. Any glass forming a part of any sign shall be safety glass or wire glass. c. Movable parts to be secured. Any movable parts of a projecting sign such as a cover of a service opening shall be securely fastened by safety chains or hinges. d. Height limitations. The top line of the projecting sign shall not be higher than the roof or parapet line of the building to which attached, except that when the roof line is less than fifteen (15) feet in height, the sign may extend three (3) feet above; but under no circumstances shall the top line of a projecting sign be permitted at a height of more than fifty (50) feet above ground level. e. Thickness limitations. The distance measured between the principal faces of any projecting sign shall not exceed eighteen (18) inches. f. Location. The bottom line of every projecting sign shall be placed at least ten (10) feet above any pub- lic sidewalk over which it is erected. A maximum extension of six (6) feet will be permitted providing it is no nearer than two (2) feet from the curb line. No projecting signs shall be erected in an alleyway. No projecting signs shall project across or over any portion of a public roadway. The minimum distance between projecting signs on any one business location shall be fifty (50) feet. Sec. 8-2026. Temporary and/or portable signs. Temporary and/or portable signs subject to the Sign Regu- lations shall meet the following requirements: a. A banner shall not exceed one hundred (100) square feet in area. All other temporary and/or portable signs shall not exceed thirty-two (32) square feet in area. b. Advertising permitted. Advertisement or announcement contained on any temporary and/or portable sign shall pertain only to civic, political, religious, fraternal or other nonprofit activities. Temporary or portable signs for the purpose of commercial advertising are prohibited, except for announcement of special one-time sales or one-time events or occurrences not exceeding fifteen (15) days. No temporary or portable sign shall be displayed longer than fifteen (15) consecutive days. Sec. 8-2027. Marquee signs. Marquee signs subject to the Sign Regulations shall meet the following provisions: a. Signs attached to or placed upon the roof of a marquee shall be completely within the border line of the marquee's outer edge. b. Signs hung from a marquee shall be completely within the border line of the marquee's outer edge and in no instance shall the bottom of said sign be lower than seven and one-half (71-,) feet above the sidewalk or public thoroughfare. No hanging or suspended sign shall exceed eighteen (18) inches in height overall. Sec. 8-2028. Awning and canopy signs. Awning and canopy signs subject to the Sign Regulations shall meet the following requirements: a. No advertising sign shall be placed on an awning or canopy. The name of the owner and the business, in- dustry, or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding twelve (12) inches in height on the front and side portions thereof, or on signs suspended beneath a canopy, but no portion thereof may be lower than seven and one-half (7z) feet above a sidewalk. Sec. 8-2029. Nonconforming signs. Every sign in existence at the time these Sign Regulations become effective shall be subject to Sections 8-2009, 8-2010, 3-2012, and 8-2013 and may continue in existence subject to the following: a. It shall not be altered structurally or moved unless it be made to comply with the provisions of this ordinance. 1. The changing of the moveable parts of an existing sign that is designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. =17- b. The lawful use of a sign existing on the effective date of this ordinance, although such sign does not conform to the provisions hereof, may continue; but if such nonconforming use is discontinued for a period of six months, any future use of such sign shall be in conformity with the provisions of this ordinance. c. No sign which has been damaged by fire, wind, explo- sion, or other act of God to the extent that fifty (50) percent or more of the sign is destroyed, shall be restored except in conformity with the regulations of this ordinance. Any sign which has been damaged to an extent less than fifty (50) percent, may be restored to its condition which existed as a noncon- forming use prior to its damage. Sec. 8-2030. Board of Appeals. It is recognized that the regulations provided in this ordinance cannot sensitively handle all of the sign situations in an area as diverse as that covered by the City of Ames. Therefore, the Board of Appeals and appeal procedures established in Article IV of this Chapter shall pertain to the provisions of this article. Section 3. Any further references to any federal, state or city regulation or ordinance pertaining to the use of signs shall be governed by this sign ordinance. Section 4. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor. Section S. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held as invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion thereof. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 21st day of December 1976. Mary/,E. Paul, City Clete Lee Fellinger, Mlaybr APPROVED AS TO FORM INNY �tohn R. to ty Attor