HomeMy WebLinkAboutA001 - Council Action Form dated January 8, 2013 ITEM # 27
DATE: 01-08-13
COUNCIL ACTION FORM
SUBJECT: SIGN CODE ORDINANCE CLEAN UP
BACKGROUND:
In November, staff reported to Council about several clean up concerns that existed in
the Sign Code. In response to this report, the City Council directed staff to draft an
ordinance correcting these issues.
Staff recommends a modification to Section 21.113. This section currently requires that
a sign owner remove any sign that no longer advertises a bona fide business, product
or service after a period of six months. Because signs are defined differently in the
Code than sign structures, a business that closes must take down its sign but can leave
up an empty sign pole indefinitely. The proposed ordinance would require removal of
the sign and/or sign structure within six months.
Several of the corrections are necessary because in 2010, the Sign Code was moved
out of Chapter 5 and into its own chapter. References in sections 21.123, 21.128,
21.129, 21 .130, and Appendix N need to be amended to reflect the correct chapter. It
should be noted that until 2010, a Sign Code violation was charged with a $500 fine.
Because Appendix N does not currently refer to the correct chapter, a violation of the
Sign Code has been charged on the standard municipal infraction schedule ($30 per
violation). In correcting Appendix N to reflect the correct chapters, a violation of
the Sign Code would revert to its original fine of$500 per violation.
Changes to Sections 21.114 and 21.121 are needed to change the Hospital-Medical
zone's abbreviation from "H-M" to its current "S-HM."
In 1997, the City removed an exception for public, educational, charitable, fraternal or
religious signs in response to an Iowa Attorney General's opinion that such exceptions
violated "content neutrality" and could, therefore, be ruled unconstitutional if challenged
in a court of law. This proposed ordinance would remove two more exceptions of this
kind in 21.115 and 21.121. This change will continue to allow political signs under the
"temporary signs" criteria (no permit required, must not exceed 32 square feet in area,
and may only be up for 90 days at a time). Public, educational, charitable, fraternal and
religious signs will remain legal, but must be submitted through the permitting process
like all other signs.
A summary of the changes recommended by staff is below:
SECTION MODIFICATION
21.113 Requires removal of sign structure within six months of no longer
advertising a bona fide business.
21.114 Updates the name of the S-HM zone
21.115 Eliminates permitting exemptions for public, educational, charitable,
fraternal or religious signs and for political signs. (Note: Political signs will
remain exempt as "temporary signs')
21.121 Updates the name of the S-HM zone, removes a section allowing
temporary political signs (Note: Temporary political signs remain allowed
under the "temporary signs"criterion)
21.123 Corrects a Code reference to the correct chapter
21.128 Corrects an ordinance citation to the correct ordinance number
21.129 Corrects Code references to the correct chapter
21.130 Clarifies that appeals are handled by the Building Board of Appeals
Appendix N Corrects the names of Chapters 5 and 21.
Council may recall that it directed staff to address electronic signs in addition to the
Code clean up. Staff intends to bring recommendations on electronic signs in a
separate report at a later date.
ALTERNATIVES:
1. Approve on first reading an ordinance amending the Sign Code to reflect the
changes described above.
2. Do not approve Changes to the Sign Code.
MANAGER'S RECOMMENDED ACTION:
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving on first reading an ordinance amending the Sign
Code to reflect the changes described above.
ORDINANCE NO.
AN ORDINANCE AMENDING MISCELLANEOUS PROVISIONS OF
THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, CHAPTER
21,SIGNS.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 21.113 and adopting a new Section 21.113 to read as follows:
"Sec.21.113. REMOVAL OF CERTAIN SIGNS.
Any sign and/or sign structure now or hereafter existing,which for a period of six(6)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.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)"
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 21.114(6)and adopting a new Section 21.114(6)to read as follows:
"Sec.21.114.PROHIBITIONS.
No person shall have or permit on any premises:
(6) Any off premises sign in the following zoning districts in the City of Ames: RL, RM, RH, RLP, FS-
RL,FS-RM,F-VR, and S-11M.
(Ord. No. 3753, 1-13-04)"
Section Three. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by repealing Section 21.115 and adopting a new Section 21.115 to read as follows:
"Sec.21.115.EXEMPTIONS FROM PERMITS.
The following signs shall not require a permit;however, such signs shall be subject to the sign regulations:
(1) Nonelectrical 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.
(2) Nonelectrical 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.
(3) A nonelectrical single sign denoting the architect, engineer or contractor when placed upon work under
construction and not exceeding thirty-two(32)square feet in area.
(4) Nonelectrical memorial signs or tablets, names of buildings, and date of erection when cut into any
masonry surface or when constructed of bronze or other noncombustible materials.
(5) Publicly owned street name signs, traffic control signs, legal notices, railroad crossing signs, danger
and temporary 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.
(6) Nonelectrical 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.
(7) A nonelectrical temporary or portable sign.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)"
Section Four. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 21.121 and adopting a new Section 21.121 to read as follows:
"Sec.21.121.ON PREMISES SIGNAGE.
For all signs subject to the sign regulations, in agricultural, commercial and industrial zoning districts in the City of
Ames except in the S-HM District, there may be three (3) square feet of signage for each foot of street frontage.
Signs in the Planned Zoning districts are as permitted on the approved site plan. 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 residential zoning
districts in the City of Ames, only the following signs are permitted:
(1) 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.
(2) 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.
(3) Signs denoting only the name and professionibusiness of an occupant in a commercial building,public
institutional building,or dwelling house and not exceeding two(2)square feet in area.
(4) Single sign denoting the architect, engineer or contractor when placed upon work under construction
and not exceeding thirty-two(32)square feet in area.
(5) Memorial signs or tablets,names of buildings, and date of erection when cut into any masonry surface
or when constructed of bronze or other noncombustible materials.
(6) Publicly owned street name signs, traffic control signs, legal notices, railroad crossing signs, danger
and temporary warning or emergency signs; and emblems, names, logos, and symbols on motor vehicles and
equipment being used for purposes other than the display of signs or advertising devices.
(7) 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.
(8) Temporary or portable sign.
(9) Subdivision Development Signs. One subdivision development sign may be permitted per preliminary
plat or Conceptual Development Plan for subdivisions of 2 acres or more in area. This sign shall not exceed 96 sq.
ft. in area and 12 ft. in height. It shall be located in the subdivision it identifies and no closer than 25 ft. from any
property line, no closer than 100' from any pre-existing residence and only on lots abutting collector or arterial
streets. The sign shall be the sole use of the property on which it is located. The sign shall identify the name of the
subdivision exactly as it is set out on the preliminary plat or conceptual development plan approved by the City and
may include the names of the subdivision developers, a map of the area covered by the subdivision and a description
of amenities in it. The sign shall not be installed until utility construction has begun in the subdivision and the sign
shall be removed once building permits have been issued for 50%of the lots in the subdivision.
(10) Residential Subdivision Entrance Signs. The regulations described in this section apply to
subdivision entrance signs in residential subdivisions. The location, number, size, height, materials, maintenance,
and message regulations for subdivision identification signs are as follows:
(a) Signs located on private property shall be no closer to the traveled part of a street than the
right-of-way line. Signs shall not be allowed in the street visibility triangle,as such is described by Section
29.408(5).
(b) It shall be unlawful to erect a subdivision entrance sign on public property, and the Council
shall grant no encroachment permits for such signs.
(c) Subdivision entrance signs shall not be permitted off-premise.
(d) Two signs shall be permitted at each subdivision entrance. Double-faced signs shall
be counted as two signs.
(e) The size of the message area(subdivision name and address) of the sign shall not exceed 20
square feet. The size of the sign structure in comparison to the size of the message area shall not exceed a
ratio of 7 to 1,unless approved as part of a Planned Unit Development.
(f) Signs shall not exceed six(6)feet in height.
(g) Materials used in the construction of subdivision entrance signs shall be low maintenance
materials and may include:metal,wood,brick, stone,and concrete.
(h) Maintenance of signs, illumination devices, and landscaping shall be the responsibility of the
property owner. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be
repaired or removed by the property owner upon written notice of the City. Signs which by reason of
deterioration become unsafe or unsightly,may be removed by the City upon written notice of the City.
(Ord. No. 3299, Sec. 1, 9-27-94)
(i) The message on a subdivision entrance sign shall include only the name and address of the
subdivision.
(j) Signs may be illuminated internally or by reflected light subject to the following:
(i) The light source shall not be directly visible and shall be arranged to reflect away
from adjoining premises;
(ii) The light source shall not be placed so to cause confusion or hazard to traffic, or to
conflict with traffic control signs of lights;
(iii) No illumination involving movement,by reason of the lighting arrangement,the
lighting source,or other devices shall be permitted. This includes blinking,flashing,rotating,and
message changing;and
(iv) The Property Owner's Association shall be responsible for the costs associated with
providing electricity to the light source.
(k) Landscaping shall be incorporated at the base of each subdivision entrance sign which
enhances the site and the surrounding area. Plant materials shall not obstruct the visibility of moving
vehicles or interfere with the maintenance of adjacent public property. Approval of a landscape plan for
each residential subdivision entrance sign by the Director of Planning and Housing is required.
(Ord. No. 3255, Sec. 2, 1-11-94, Ord.No. 3753, 1-13-04)
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 2594, Sec. 1, 4-19-77; Ord. No. 3053, Sec. 3, 6-27-89; Ord. No. 3194,
Sec. 1, 9-24-92)"
Section Five. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 21.123(3)and adopting anew Section 21.123(3)to read as follows:
"Sec.21.123. WALL SIGNS.
Wall signs subject to the sign regulations shall meet the following location requirements:
(3) Size Regulations. The size regulations of Section 21.121 notwithstanding,there shall be allowed,with
respect to each building, subject to applicable zoning regulations, one permanent wall sign that is not larger than
sixty-four(64)square feet, or which does not occupy more than ten percent(10%)of the area of the wall to which it
is affixed, whichever is smaller, for each of the building's sides that parallel a public street, if the wall sign is not
internally lighted."
Section Six. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 21.128 and adopting a new Section 21.128 to read as follows:
"Sec.21.128.AWNING AND CANOPY SIGNS.
No portion of an awning or canopy may be lower than seven and one-half(7 '/2) feet above a sidewalk. They may
overhang public right of way only by permission of the City Council.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92; Ord. No. 3773, 6-22-04)"
Section Seven. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by repealing Section 21.129 and adopting a new Section 21.129 to read as follows:
"Sec.21.129.NONCOMFORMING SIGNS.
Sign in existence on December 21, 1976,when these sign regulations became effective, may continue in existence
subject to Sections 21.109,21.110,21.112,and 21.113 and also subject to the following:
Section Eight. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by repealing Section 21.130(1)and adopting a new Section 21.130(1)to read as follows:
"Sec.21.130. SIGN APPEALS.
(1) The Building Board of Appeals shall have jurisdiction, and its appeal procedures shall apply when it is
claimed that the regulations of this chapter pertaining to signs have been incorrectly interpreted, or an equally good
or better form of construction,method of installation or type of material can be used.
Section Nine. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Ten. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Eleven. This ordinance shall be in full force and effect from and after its passage and publication
as required by law.
Passed this day of 2013
ATTEST:
Diane R.Voss,City Clerk Ann H. Campbell,Mayor