This chapter, providing for the administration and enforcement of sign regulations, shall be known, and may be cited and referred to as the “Sign Ordinance of the City of Clive, Iowa.”

   The purpose of this chapter is to promote and preserve the public health, safety, and general welfare, to maintain and enhance the visual environment of the City, improvement of pedestrian and traffic safety, and the minimization of possible adverse effects on public and private property. The provisions of this chapter are intended to permit signs that will not, by reason of their size, location, construction, or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public health, safety, and welfare; and further, to regulate such permitted signs in a way to promote development that is not detrimental to the property values and aesthetics of the City. No sign shall be erected or maintained in the City’s jurisdiction, except those specifically allowed by this chapter. All signs, as permitted by the applicable zoning district regulations in all zoning districts in the City, shall comply with the regulations of this chapter.

   The lawful use of a sign existing at the time of the enactment of this chapter may be continued, although such use may not conform to the regulations herein. For those signs permitted before the adoption of these regulations, such signs shall be classified as “permitted nonconforming” structures. No sign permit shall be issued for any lot, tenant, or development after the effective date hereof and not in substantial conformity with the provisions of this chapter. Nor shall any sign, except as hereinafter specified, be erected, substantially improved, converted, enlarged, moved, or structurally altered without conforming with the provisions of this chapter.

   The following signs shall not be permitted, erected, or maintained on any property within the City:

   1.   Banners, pennants, spinners, streamers, except as permitted elsewhere in this chapter.

   2.   Billboards.

   3.   Neon lights or signs, not intended to add to the overall architectural theme of the site, except as permitted elsewhere in this chapter, or expressly permitted by Council.

   4.   Building panel signs.

   5.   Hazardous signs, any sign or sign structure which is structurally unsafe, is not kept in good repair, or is capable of causing electrical shock to persons likely to come in contact.

   6.   Signs which incorporate, in any manner, any flashing or moving lights unless expressly permitted by Council.

   7.   Signs which include visible moving parts, changeable copy, or description by electrical or nonelectrical means, or by action of wind currents, except as permitted in this chapter.

   8.   Spotlights or strobe lights, whether stationary or moving, intended to draw attention to a location of a property and not primarily intended to accent the signage or building form, except as expressly permitted by Council.

   9.   Pole signs.

   10.   Portable or temporary signs, except as permitted elsewhere in this chapter.

   11.   String lights or other displays used in connection with commercial premises for commercial purposes, other than temporary decorations displayed between October 15 and January 15.

   12.   Any sign unlawfully installed, erected, or maintained in violation of this chapter.

   13.   Any sign displaying any obscene, indecent, or immoral matter, as defined by this chapter.

   14.   Roof signs, unless expressly permitted by Council.

   15.   Any vehicle sign, not normally used in the day to day operations of a business, parked in such a way to draw attention of people from a public place or street.

   16.   Ground-mounted signs in any residential land use, except as permitted elsewhere in this chapter, or expressly permitted by Council.

   17.   Building-mounted signs in any residential land use, except as permitted elsewhere in this chapter, or expressly permitted by Council.

   18.   Manual changeable copy signs.

   19.   Video message boards.

   20.   Any signs, except permitted nonconforming signs, not specifically permitted within this chapter.

   21.   Any sign in conflict with the vision clearance requirements ofSection 11-4-5 of this chapter.

   1.   Sign Face Extension. No sign face shall extend horizontally beyond the supporting structure a distance greater than 12 inches.

   2.   Electric Signs. All electric signs shall be manufactured to meet UL specifications and be approved by the Building Official in accordance with the City Electrical Code. An alternate equivalent may be accepted as approved by the Building Official.

      A.   Electric signs shall be watertight, with service holes to provide access to each compartment with fitted waterproof covers.

      B.   Any electrical equipment or apparatus of a sign, which causes interference with radio or television reception, shall not be allowed.

   3.   Wind Pressure and Dead Load Requirements. All signs and sign structures shall be designed and constructed to withstand a wind pressure as regulated by the Building Code of the City, and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the City. Temporary signs shall be excluded from dead load requirements as required above.

   4.   Clearance from Electric Lines. A clearance of not less than eight feet horizontally and 12 feet vertically shall be maintained between any sign and any overhead electrical transmission line.

   5.   Number of Faces. No sign shall have more than two faces. Sign faces shall be parallel, unless determined to be consistent with the architectural character of the building, and expressly permitted by Council.

   6.   Lighting of Signs. Signs, if illuminated, must be lit by internal fixtures unless determined to be consistent with the architectural character of the building, and is approved by the Community Development Director. A constant level of light must be maintained, provided that this shall not be construed to prohibit use of an automatic dimmer to reduce garish effects at night. Lighting shall not flash or move unless approved by Council.

   7.   Emissions Prohibited. No sign shall emit audible sound, noticeable odor, or smoke or other visible matter.

   8.   Obstruction of Fire Exits, Light, or Ventilation. No sign shall be permitted to obstruct or interfere in any way with free use of any door, window, fire escape, nor to obstruct or impair operation of any opening required for light or ventilation.

   9.   Traffic Hazards. It is illegal for any sign to interfere with, obstruct the view of, or be of such design which may be confused with any authorized traffic sign, signal, or device; no sign shall imitate an official traffic sign or include the words “stop,” “look,” “caution,” or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse motorists.

   1.   Sign Area Allowed. The following sign areas shall be allowed. For a demonstration on how these provisions are applied, please see Figures 11-12-6A and 11-12-6B of this section.

      A.   Public Street Facing Tenant.

         (1)   One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of 100 square feet.

         (2)   In the case that the tenant sign has a setback of greater than 250 feet from the nearest public street right-of-way, two square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of 200 square feet.

         (3)   In the case that a tenant has frontage along more than one public street, the total sign area shall be calculated off of no more than two public street frontages, up to a maximum of 200 square feet. A maximum sign area up to 400 square feet is allowed when also meeting the setback requirements of Subsection 11-12-6(1)(A)(2). No individual building sign shall exceed 200 square feet in sign area.

      B.   Nonpublic Street Facing Tenant.

         (1)   One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of 100 square feet.

         (2)   In the case that the tenant(s) sign has a setback of greater than 250 feet from the nearest private street, two square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of 200 square feet.

         (3)   In the case that a tenant has frontage along both a non-public street and a public street, the sign area shall be calculated off of the public street facing frontage.

         (4)   In the case that a tenant is not oriented towards a street frontage and desires to place a sign on the elevation that faces a street frontage, the maximum allowable sign area allowed to be displayed by all tenants on the public street facing frontage shall be limited to the total building sign area allowed per this subsection.

 

   2.   Multi-Story Buildings. In the event that a tenant occupies more than one story, sign area shall be calculated using the tenant frontage on only one story.

   3.   Letters, Symbols, and Logos. Under no circumstances will a letter, symbol, or logo dimension greater than six feet be allowed. All building signs shall be principally comprised of individual channel letters or similar solid construction letters, at least one inch in thickness. Push through, routed letters, and dimensional letters on backer boards, provided they are internally illuminated, shall be permitted. For the purpose of displaying letters, symbols, or logos, no more than 25 percent of the total sign area may be allotted to an awning or capsule sign.

   1.   Cutout Letters or Figures; Copy Area Limited. All letters, figures, characters, or representations in cutout or irregular form maintained in conjunction with, attached to, or superimposed on a ground-mounted sign shall be safely and securely built to or attached to the sign structure and shall comply with all requirements of the “design” and “maintenance” subsections of this chapter. The copy area shall be limited to a single geometric shape unless it emulates the building form or feature.

   2.   Sign Bases and Surround. All sign bases and surrounds shall be designed and constructed of materials that are similar to those used on the principal building. Sign bases and surrounds shall be dominated with materials of permanency and strength, such as brick, stone, block, other masonry or concrete materials, or architectural paneling, and shall be compatible with other structures and signs in the development. No exposed sign cabinetry shall be visible from either side of the sign. Metal skirting around a supporting pole shall not be considered an acceptable sign base and surround material. All sign bases shall be at least 12 inches in height, while all sign surrounds shall be at least six inches in thickness. Signs without a continuous surround may be approved when incorporating architectural elements or substantial materials meeting the intent of high-quality sign design on all sides, bottom, and top to frame the sign area. See Figure 11-12-7B1 and Figure 11-12-7B2 of this subsection for additional details.

   3.   Sign Area. No more than 75 square feet of ground-mounted sign area shall be permitted on each lot of record; provided however, if the frontage(s) of such lot exceeds 500 feet, then 150 square feet of ground-mounted sign area shall be permitted. The maximum sign area for any individual sign shall not exceed 75 square feet. The total area of a sign shall be the actual square footage of one sign face. Double -aced signs may be permitted with the maximum square footage permitted on each side. The maximum sign area of a ground-mounted sign shall not exceed 25 square feet; provided, however, the maximum sign area may be increased five square feet for each additional one foot of setback over the minimum required setback to a maximum sign area of 75 square feet. See section 11-12-7(8) “Ground Mounted Sign Regulations Table” of this chapter for more information.

   4.   Setback Requirement. The minimum setback required for ground-mounted signs shall be five feet. All signs shall have a side setback not less than the height of the sign. See section 11-12-7(8) “Ground-Mounted Sign Regulations Table” of this chapter for more information. A minimum distance of 50 feet shall separate any two ground mounted signs on the same property.

   5.   Height. The maximum height of a ground mounted sign shall be five feet; provided, however, the maximum height may be increased one foot for each additional one foot of setback over the minimum required setback to a maximum sign height of 15 feet. See section 11-12-7(8) “Ground-Mounted Sign Regulations Table” of this chapter for more information. For the purpose of measuring the height of the sign when the sign is placed on a slope, the ground surface at the midpoint between the elevation of the leading and trailing edge shall be considered the point of measurement. Where the street is substantially higher or lower than the proposed sign location, the Council may provide variations on the height requirement as described in this chapter. “Substantially” is defined, in this case, as a change in vertical distance greater than five feet. In Figure 11-12-7(E) of this subsection, the sign height would be calculated at eight feet in height.

   6.   Monolithic or Columnar Line. Ground-mounted signs shall have a monolithic or columnar line that maintains essentially the same profile from grade to top.

   7.   Design Standards. All ground-mounted signs that display more than one tenant shall utilize a consistent field color or pattern for the copy area of the sign.

   8.   Ground-Mounted Sign Regulations Table.

 

   In addition to ground-mounted signs as permitted under this chapter, one interstate ground mounted sign shall be allowed on lots or tracts under single ownership, management, or control, provided the following conditions are met:

   1.   Monolithic or Columnar Line. Interstate signs shall have a monolithic or columnar line that maintains essentially the same profile from grade to top.

   2.   Sign Area. The total area of a sign shall be actual square footage of one sign face. Double-face signs may be permitted with the maximum square footage permitted on each side. The area of one sign face shall equal one square foot per linear foot of interstate ROW frontage. The maximum size of an interstate sign shall be 150 square feet.

   3.   Tract Frontage. The tract must have frontage abutting the interstate ROW, or be within 300 feet of the interstate ROW.

   See Figure 11-12-8A of this subsection for a graphic representation of the properties granted an interstate ground-mounted sign.

   4.   Height. The maximum height of an interstate sign shall be 30 feet above the interstate road grade. See Figure 11-12-8B of this subsection.

   5.   Location. An interstate ground mounted sign must be located within 50 feet of the interstate or interstate ramp ROW, or in the event that the interstate ground-mounted sign is located on a parcel that does not have direct interstate frontage, the interstate ground-mounted sign must be positioned adjacent to the nearest interstate ROW abutting property line.

   6.   Setback. Minimum interstate sign setback shall be five feet. In the event that the interstate ground-mounted sign is located on a parcel that does not have direct interstate frontage, the interstate ground-mounted sign must be set back at least equal to the overall height of the sign.

   7.   Distance from Other Signs. An interstate ground-mounted sign must be at least 100 feet from any other such interstate ground-mounted sign, or other ground mounted sign.

   8.   Permits. In addition to the permitting requirements of this chapter, all applicable interstate ground-mounted signs must obtain any necessary permits or licenses from the Iowa Department of Transportation.

   In the case of a commercial or residential subdivision, when there exists an owners’ association that provides for the maintenance of the sign or structures, 70 square feet of sign area shall be granted to the subdivision. All sign dimensions shall be regulated in accordance with the ground-mounted sign regulations table as provided in section 11-12-7(8) of this chapter; however, the maximum area for each sign shall be 35 square feet. The minimum setback required is five feet, and each sign must be separated by at least 60 feet. Such signs shall be extensively landscaped with trees, plantings, and natural features. Such signs may incorporate fountains, fences, or similar features. In the case of a commercial or residential subdivision that is actively under development/construction, 35 square feet of sign area shall be permitted for the display of signage.

   Ground mounted signs for churches, schools, and other public uses shall be regulated in accordance with the ground mounted sign regulations table as provided in Section 11-12-7(8) of this chapter. The maximum sign area of said signs in residential districts shall be 35 square feet.

   Public facility signs shall be permitted, provided they are considered to advance the goals and vision established within the City Wide Signage Master Plan, as approved by the Council. Public facility signs shall be reviewed by the Planning and Zoning Commission and approved by Council.

   1.   Sign Area. No more than 60 square feet of drive-through sign area shall be permitted for each drive-through lane or similar service area. The total sign area of a drive-through sign shall be the actual square footage of one sign face. Double-faced signs shall not be permitted. Sign area installed in excess of the 60 square feet shall be counted toward the total allowed sign area for building-mounted or ground-mounted signs based on installation type.

   2.   Setback Requirement. The minimum setback required for drive-through signs shall be 20 feet. All signs shall have a side setback not less than the height of the sign.

   3.   Location. Drive-through signs shall be located internal to the site and oriented toward a drive-through or similar service area.

   4.   Height. Drive-through signs shall not be installed at a height greater than eight feet.

   1.   Sign Area. No more than 15 square feet of fuel island sign area shall be permitted per pump located within the fuel island. For example, a fuel island with six pumps would be allowed 90 square feet of sign area within the fuel island. The total sign area of a fuel island sign shall be the actual square footage of one sign face. Sign area installed in excess of the 15 square feet per pump shall be counted toward the total allowed sign area for building-mounted or ground-mounted signs based on installation type. Signs meeting the requirements ofSection 11-12-23(3)(I) of this chapter shall not count toward the permitted fuel island sign area.

   2.   Setback Requirement. The minimum setback required for fuel island signs shall be the same as required for the fuel island canopy on that lot.

   3.   Location. Fuel island signs shall be located internal to the site and oriented toward a fuel island.

   4.   Height. Fuel island signs shall not be installed at a height greater than eight feet.

   Electronic changeable copy shall be allowed on ground-mounted signs for events centers, convenience stores, schools, churches, and other public uses. A maximum of 35 square feet or 50 percent of the maximum sign area, whichever is less, may be dedicated to electronic changeable copy, provided the following conditions are met:

   1.   Electronic changeable message copy may change no more than one time in a five-minute period and shall not include any flashing, flowing, alternating, or blinking lights.

   2.   Electronic changeable message copy shall be integral to and a part of an approved ground-mounted sign.

   Neon lights, murals, or similar architecture details, subsequent to Planning and Zoning Commission and Council approval, may be permitted as part of the theme of the site if it is determined that the architecture detail proposed is intended to create an identifiable theme and will not be detrimental to the surrounding environment.

   Address letters on residential, commercial, and manufacturing developments shall be required and not have a dimension less than four inches. Address letters may be less than one inch in depth.

   Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and other flags adopted or sanctioned by an elected legislative body of competent jurisdiction, must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Notwithstanding the above, the following flags shall not be prohibited by this chapter:

   1.   Number of Flagpoles.

      A.   All commercial, industrial, and multi-family residential properties shall be permitted two flag poles.

      B.   All residential properties shall be permitted one flagpole.

   2.   Commercial Flags.

      A.   In commercial districts, all properties shall be permitted to display no more than 30 square feet of commercial flag area on any one flagpole.

      B.   In residential districts, all properties shall be permitted to display no more than 15 square feet of commercial flag area on any one flagpole.

      C.   Flag poles shall not exceed 35 feet in height. Minimum setback from property line shall be the height of the flagpole.

   3.   Noncommercial Flags.

      A.   In commercial districts, all properties shall be permitted to display no more than 60 square feet of non-commercial flag area on any one flagpole.

      B.   In residential districts, all properties shall be permitted to display no more than 15 square feet of non-commercial flag area on any one flagpole.

      C.   Flagpoles shall not exceed 35 feet in height. Minimum setback from property line shall be the height of the flagpole.

   4.   Flagpoles. Flags shall be displayed on flagpoles only. Flags displayed on light poles, utility poles, etc., except for City sponsored events, shall be prohibited.

   The Community Development Director has the authority to classify a proposed sign as incompatible with the already existing environment.

   The area of a sign is determined by the Community Development Director using actual dimensions where practical, or approximate dimensions when irregularity of a sign shape warrants. The sign area shall be the sum of the area of all rectangles or squares that enclose the extreme points or edges of all copy, logos, and symbols of said sign.

   The purpose of this section is to allow temporary signs featuring commercial speech. Under no circumstances shall any temporary sign be illuminated. Under no circumstances shall any temporary sign be located on public property without authorization required underSection 11-12-22 of this chapter.

   1.   Residential Properties. Signs in this section shall be permitted in all residential districts. Residential properties shall not display more than six square feet of temporary commercial sign area. Temporary signs shall be displayed for no more than 90 days. Temporary signs must be separated by at least five feet in distance. The maximum height of any temporary sign on residential property shall be six feet. The minimum setback of temporary signs on residential property shall be five feet from property line. During the period of time that a property is actively listed for sale, or for lease, an additional six square feet of sign area shall be permitted for display. The following signs are allowed:

      A.   Yard signs.

      B.   Detached rigid signs.

      C.   Banners, detached or attached.

   2.   Commercial or Industrial Properties. Signs in this section shall be permitted in all Commercial and Industrial Districts and require a temporary sign permit. Such signs shall be limited to six periods per year for any one business or tenant space. Each commercial temporary sign event shall last for a period of not more than 14 days. In conjunction with a temporary site plan, the Council may permit the display of temporary signs for a greater period of time. Commercial properties shall not display more than 35 square feet of temporary sign area during the permitted period. Temporary signs must be separated by at least 10 feet in distance. The maximum height of any commercial temporary sign shall be six feet. The minimum setback of a commercial temporary sign shall be five feet from property line. During the period of time that a property is actively listed for sale, or for lease, an additional 35 square feet of sign area shall be permitted. The following signs are allowed:

      A.   Yard signs;

      B.   Detached rigid signs;

      C.   Banners, detached or attached;

      D.   Air animated displays, limited to eight feet in height;

      E.   A-frame style signs;

      F.   Bag Signs. Such signs shall be permitted for businesses wishing to cover existing signage until the replacement sign is manufactured. Bag signs shall be made of a canvas or cloth material and may be displayed for a period no longer than 45 days. Under special circumstances, the Community Development Director may authorize to extend this period by an additional 30 days. The square footage of all bag signs shall not exceed the area necessary to cover the existing sign.

   In addition to any permitted commercial speech temporary sign on property in any zoning district, all properties shall be granted additional sign area for the display of non-commercial temporary signage. Non-commercial temporary signs shall be displayed for no more than 90 days. Under no circumstances shall any non-commercial temporary sign be illuminated or be located on public property without authorization required underSection 11-12-22 of this chapter. Permissible sign types shall be the same as stated in Section 11-12-20 of this chapter.

   1.   Residential Properties. A maximum of 70 square feet of sign area for the display of non-commercial temporary signage is permitted; however, no individual sign shall exceed 35 square feet in sign area. The minimum setback of a non-commercial temporary sign shall be five feet from property line; however, this requirement shall not be interpreted to prohibit signs on existing permitted structures with a property line setback less than five feet. The maximum height of any non-commercial temporary sign shall be six feet.

   2.   Commercial or Industrial Properties. A maximum of 35 square feet of sign area for the display of non-commercial temporary signage. The minimum setback of a non-commercial temporary sign shall be five feet from property line; however, this requirement shall not be interpreted to prohibit signs on existing permitted structures with a property line setback less than five feet. The maximum height of any non-commercial temporary sign shall be six feet.

   It is unlawful for any person to paint, print, or, in any way, affix any picture, bill, sign, signboard, poster, or advertising material on any post, utility pole, fire escape, hydrant, curb, sidewalk, tree, lamppost, or other structure of any kind on, or as to overhang or protrude over any property owned by the City or any easement of the City. No sign shall be located on or allowed to extend over public property, except by permission of the Council. The Community Development Director is hereby authorized and empowered to remove any such sign at the expense of the parties responsible for erection of such signs.

   1.   Permit Required; Payment of Fee. It is unlawful for any person to erect, alter, or relocate within the City any sign without first obtaining a permit from the Community Development Department and paying the fee required herein unless provided elsewhere. The Community Development Director may require persons failing to hold such permit to pay double the permit fee. No person shall erect, construct, or maintain any sign upon any property or building without the consent of the owner or person entitled to possession of the property or building. Application for permits shall be made upon forms provided by the Community Development Department.

   2.   Permit Fees. Every applicant, before being granted a permit hereunder, shall pay to the City a permit fee in an amount determined by resolution of the Council, from time to time.

   3.   Signs Not Needing a Permit. The following signs do not require a permit:

      A.   Residential temporary signs.

      B.   Traffic or other municipal signs, public facility signs, civic or service organizations, legal notices, railroad crossing signs, danger, and such temporary, emergency, and non-advertising signs as may be approved by Council.

      C.   Non-commercial signs.

      D.   Flagpoles and flags.

      E.   Private ground-mounted traffic control signs.

      F.   Private building-mounted traffic control signs. Such signs shall not exceed two square feet in sign area.

      G.   Window signs.

      H.   Fuel island signs meeting the requirements ofSection 11-12-13 of this chapter.

      I.   Signs integrated into the structure for Product Display and Vending, as permitted bySection 11-4-9 of this chapter. The cumulative sign area of all such signs on any property shall not exceed 75 square feet, and no individual sign shall exceed 10 square feet.

   All construction work for which a permit is required shall be subject to inspection by the Building Official. All such construction or work, including footings and foundations (structural and location), electrical connections, etc., shall remain accessible and exposed for inspection until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code. Inspections presuming to give authority to violate or cancel the provisions of this Code shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes and to schedule and be present for the required inspections. Neither the Building Official nor the City shall be liable for the expense entailed in the removal of any material required to allow inspection.

   All signs and parts thereof, including, but not limited to, electrical wiring and fixtures, supports, faces, lighting, and braces, shall be kept in good repair at all times, and shall be kept neatly painted or otherwise treated to prevent rust and similar unsightly deterioration and weathering. The Community Development Director, after 30 days’ written notice to the sign owner, may order the removal of any sign that is not maintained in accordance with the provisions of this section and the cost assessed against the property where said sign is located. However, in the case a sign structure becomes a safety hazard as defined in the City Building Code, the Building Official shall require owner of said sign structure to immediately abate the safety hazard as provided in the City Building Code. The Community Development Director may cause to be inspected, from time to time as he deems necessary, any sign regulated by this chapter for the purpose of ascertaining whether the same is secure, and whether it is in need of removal or repair to be in compliance with this chapter.

   Any commercial abandoned sign now or hereafter existing shall be taken down and removed by the owner, agent, or person having beneficial use of the building or land upon which the sign may be found within 30 days after written notification from the Community Development Director and, upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign, and any expense thereto shall be paid by the owner of the building, structure, or property to which the sign is attached.

   The owner of any sign which is otherwise permitted under this chapter may substitute non-commercial copy in lieu of any other commercial copy. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non- commercial message over any other commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel.