Newton City Zoning Code
SIGNS
§ 158.155 PURPOSES.
The purposes of the regulations in this subchapter are to:
(A) Alleviate existing problems with signs which include among others, an over-abundance of signs causing clutter and visual pollution, a number of abandoned, deteriorated and unsafe signs, and flashing portable signs that distract, confuse, obscure, compete and conflict with motorists’ vision;
(B) Ensure that signs are compatible with the individual property, with adjacent land uses and with the total visual environment of the community and promote an improved visual environment by encouraging creativity and flexibility in the design and use of signs;
(C) Recognize that the sizes and types of signs which provide adequate identification in pedestrian-oriented business areas differ from those necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater and required setbacks are greater than in pedestrian areas;
(D) Promote and protect the public health, safety and general welfare;
(E) Recognize that instances may occur where strict application of the provisions of this article may deprive a person of the reasonable use of a sign, and provide a procedure whereby variance from the regulations herein may, for good cause, be permitted.
(2011 Code, § 34.0307.01)
§ 158.156 APPLICABILITY.
The provisions of this subchapter shall apply to the display, construction, erection, alteration other than painting or normal maintenance, use and location of all signs within the city, except those exempted in § 158.157 of this chapter. It shall be unlawful hereafter to display, construct, erect, alter, use or maintain any sign except in conformance with the provisions of this subchapter.
(2011 Code, § 34.0307.02)
§ 158.157 EXEMPTED SIGNS.
Any sign conforming to the applicable standards set forth in the categories below is exempt from the permit requirements of this subchapter. Such sign must meet all other requirements of this subchapter and those described for its category.
Construction sign | 1 temporary construction sign per lot with a maximum size of 16 square feet in the A-1 and all FP Districts and a maximum of 32 square feet in all other districts. Such signs must be removed within 7 days after final inspection by the Building Department |
Directional/informational sign | Up to 4 free-standing on-premise signs per non-residential lot, with a maximum height of 6 feet and a maximum total of 16 square feet per sign and a maximum of 32 square feet total for all such signs; 1 off-premise sign for an institutional use may be allowed by special permit from the Zoning Administrator |
Flags | Any official governmental flag, or flag displaying the recognized symbol of a non-profit organization or trade mark of a business or corporation. Flags may be lighted |
Historical marker | A marker, monument, plaque or other type sign or notice located on public or private property which identifies, documents or records a historical event pertaining to the structure on which it is located; 1 sign per building no larger than 12 square feet is permitted |
Home occupation sign | Home occupations shall be allowed either 1 free-standing, swinging yard sign, sometimes called a colonial sign, maximum of 3 square feet sign area, maximum 6 feet in height, minimum of 10 feet setback from any property line, or one 3- square-foot wall sign attached or adjacent to a face of a building |
Incidental sign | A maximum of 2 signs per non-residential lot with a maximum of 4 square feet per sign |
Institutional sign | An on-premise sign pertaining to a medical, charitable, religious, educational or civic institution with a maximum size of 40 square feet. Institutional signs may be lighted |
Occupant sign | A wall sign identifying the name, address and/or occupation of the occupant of the building; 1 sign per building with a maximum of 3 square feet is permitted in the A-1 and all R Districts and 6 square feet in all other districts |
Political sign | Political signs shall not be located in public right-of-way and shall not obstruct motorist vision at street intersections |
Private directional sign | Permitted only within 660 feet of the Interstate 80 right-of-way in all agricultural, commercial and industrial districts. Maximum size permitted is 150 square feet |
Public sign | Any sign required or specifically authorized for a public purpose by law, or by court or governmental order, rule or regulation. Public signs may be lighted |
Real estate sign | 1 real estate (for sale or for lease) sign per street frontage with a maximum height of 6 feet and a maximum size of 8 square feet, excluding mounting device and hardware for residential districts. Real estate signs in any non-residential district shall not exceed the size of sign that would be allowed for that district. Real estate signs must be removed within 7 days after the closing or lease of the premises, or after the listing expires. Real estate signs shall not be located in the public right-of-way, and cannot obstruct the view of motorists at street intersections |
Sale sign | 1 free-standing, on-premise sale sign per street frontage with a maximum size of 6 square feet. No sale sign shall remain longer than 1 day after the sale ends |
Special event sign | Any temporary sign, banner, pennant, string light, streamer, balloon or similar item displayed on the premises of an establishment having a grand opening, anniversary or similar special event, not occurring more often than once every 3 months, including decorations or displays clearly incidental to and commonly associated with any national, local or religious holiday or celebration; 1 special event sign for other than holidays or celebrations is permitted, but shall not be displayed for more than 14 days, and signs for a holiday or celebration for not more than 60 consecutive days, or 60 days per calendar year. In no event shall any portable special event sign be located in or across any public right-of-way, except by approval of the City Council setting the authorized dates, location and size |
Temporary portable sign and trailer sign without flashing lights | Allowed only by special approval of the Zoning Administrator. These signs may be lighted |
Window sign | Window signs of a permanent nature which are installed or erected for 60 or more consecutive days shall not exceed 50% coverage of the window area to which the sign(s) is attached. Window signs of a temporary nature which are installed or erected for less than 60 consecutive days may exceed 50% window coverage |
(2011 Code, § 34.0307.03) (Ord. 2373, passed 4-20-2020)
§ 158.158 PROHIBITED SIGNS.
The following signs are prohibited in all zoning districts unless specifically provided for below:
(A) Abandoned sign;
(B) Banners, pennants and string lights, except as allowed as a special event sign;
(C) Dilapidated sign;
(D) Moving/action sign. Any sign that incorporates projected images, emits sound, gives an illusion of movement, uses animals, produces smoke or produces odor. This does not include traveling light signs;
(E) Off-premises advertising sign. Off-premise signage in the case of an interstate high-rise sign used collectively by several properties would be allowed; provided, requirements by the state’s Department of Transportation are met;
(F) Painted wall sign. Any sign painted on the exterior of a wall or window is prohibited, except by special permit from the
Zoning Administrator
;
(G) Portable flashing sign;
(H) Portable sign without flashing or moving lights, except as allowed as a special event sign;
(I) Portaboard;
(J) Roof sign;
(K) Signs resembling official signs. Any sign that resembles a public or official traffic sign, or obstructs the vision of traffic signals, or is confused with traffic signals because of size, color or design;
(L) Snipe sign; and
(M) Swinging sign.
(2011 Code, § 34.0307.04) (Ord. 2373, passed 4-20-2020)
§ 158.159 GENERAL REGULATIONS.
(2011 Code, § 34.0307.06)
(B) No sign shall be permitted within public right-of-way, except as provided elsewhere in this subchapter.
(2011 Code, § 34.0307.07)
(C) The owner, lessee or manager of the property on which a sign is located shall be responsible for the appearance of the property on which such sign is erected.
(2011 Code, § 34.0307.08)
(D) No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening of any building or structure.
(2011 Code, § 34.0307.09)
(E) (1) Any sign which becomes non-conforming as a result of adoption of this article is hereby exempted from the provisions of this subchapter.
(2) Such sign may continue in use and shall be maintained.
(3) Any change to the sign which would increase its non-conformity or extend it beyond its average useful life is prohibited.
(2011 Code, § 34.0307.10)
(F) A multi-use building or group of buildings under common ownership or control with common frontage on a street and an internal parking lot (hereinafter called “multi-use facility”), and all individual establishments located within any such multi-use facility, shall be subject to the following restrictions.
(2011 Code, § 34.0307.11)
(1) No individual establishment within any multi-use facility shall be allowed to have its own free-standing sign.
(2011 Code, § 34.0307.12)
(2) Each multi-use facility may have one free-standing directory or joint identification sign.
(2011 Code, § 34.0307.13)
(3) The joint identification sign for the multi-use facility shall be entirely framed in. Distribution of sign size among individual businesses within the frame of the joint identification sign shall be handled privately.
(2011 Code, § 34.0307.14)
(4) In addition to the number of wall or projecting signs permitted, each individual establishment within any multi-use facility in § 158.162 of this chapter. Each such individual establishment shall be allowed to place one single- or double- sided sign below the primary sign space located at the top of such directory or joint identification sign.
(2011 Code, § 34.0307.15)
For C-CBD | 32 square feet (i.e., 20% of 160 square feet) |
For C-N | 20 square feet (i.e., 25% of 80 square feet) |
For I-RL, I-L, I-H, C-A, C-T and C-O | 45 square feet (i.e., 15% of 300 square feet) |
(2) Distribution of total sign area shall be determined privately.
(3) For example, a 2,000 square foot multi-use facility with 150 linear feet of street frontage and three individual businesses would be allowed 300 square feet of signage based on § 158.162 of this chapter.
(4) Signs, plus 45 additional square feet per business for a total of 435 square feet per side for a joint identification free-standing sign; the owner of the facility will determine distribution of the total square footage among the individual businesses.
(H) Fireworks related business sign. No more than one sign per business with a maximum size of 25 square feet per sign side is allowed. A fireworks related business sign is not exempt from the sign permit requirement.
(2011 Code, § 34.0307.16) (Ord. 2299, passed 5-15-2017; Ord. 2435, passed 8-21-2023)
§ 158.160 INTERSTATE HIGH-RISE SIGN.
Interstate high-rise sign is a specific type of free-standing sign that shall be oriented toward an interstate or freeway.
(A) General. Interstate high-rise signs are allowed within the C-T and zone.
(B) Qualifications.
(1) Properties eligible for an interstate high-rise sign must be located within 1,000 feet of the interstate right-of-way line.
(2) The interstate high-rise sign shall be placed on a parcel that is at least seven acres in size.
(3) An interstate high-rise sign may be used collectively by several smaller, contiguous parcels, provided that the total square footage of all parcels totals ten acres and meets the requirements of the state’s Department of Transportation. Sign area requirements would remain the same.
(C) Number.
(1) One high-rise sign is allowed per eligible site.
(2) Total number of signs per subdivision, existing or undeveloped and under one ownership at the time of adoption of this regulation shall be determined by the following formula:
Total number of high rise signs per subdivision = Total Acres
10
10
(D) Sign program.
(1) A sign program shall be created for each existing, undeveloped subdivision under one ownership at the time of adoption of this regulation and for each future subdivision within 1,000 feet of the interstate right of way. The purpose of the sign program is to promote thoughtful planning to private signage needs. A copy of the sign program shall be provided at the time any individual lot applies for a sign permit.
(2) The sign program shall consist of proposed locations of all interstate high-rise signs to ensure even distribution of interstate high-rise signage throughout the subdivision.
(E) Bulk requirements. Bulk requirements for interstate high rise signs are included in § 158.162 of this chapter.
(F) Sign area bonus. Additional sign area per sign face for interstate high-rise signage may be allowed up to 1,500 square feet, as administratively approved, if the developer of the site provides and properly maintains one or more of the following amenities:
Outdoor public seating area | 100 square feet of additional area will be allowed if an outdoor seating area for use by the general public is provided on site |
Pedestrian/bike trail connection | 400 square feet of additional area if a connection to an existing bike or pedestrian trail through the site is provided to city standard. Maintenance shall be handled privately |
Playground | 150 square feet of additional sign area will be allowed if play equipment for children is provided on site. Proper treatment surrounding the play area is required |
Prairie restoration | 150 square feet of additional sign area will be allowed if a continuous area equal to 5% of the site area is restored to natural Jasper County Prairie |
Public art | 400 square feet of additional area will be allowed if a piece of public art that contributes to and reflects the surrounding neighborhood is provided on site. Approval of such piece will be handled administratively and required private investment should be, at minimum, $3,500-10,000 |
Significant landscaped water feature | 300 square feet of additional area if a water feature such as a fountain, pond with a fountain, waterfall or other similar item is provided on site |
Visitor kiosk | 300 square feet of additional area will be allowed if an outdoor, solid, covered visitor kiosk containing local and regional information is provided. Such kiosk shall be privately maintained and shall appear orderly and uncluttered. The kiosk shall be constructed of materials that complement and coordinate with the primary building on the site |
(G) Location. The applicant shall provide an area map indicating location of existing signage on surrounding properties. No high-rise sign may be located within 250 feet of another high-rise or free-standing sign.
(H) Maintenance. Maintenance and utilization of a high-rise sign for multiple smaller properties shall be addressed by either restrictive covenants, a property owners association, or other appropriate legal mechanism. Copies of chosen mechanism shall be provided to the Community Development Office for review prior to implementation.
(I) Additional requirements. The following additional requirements shall be met before a sign permit for an interstate high rise sign may be issued.
(1) An interstate high-rise sign shall not incorporate flashing lights, sound, action or movement. Changing or moving text is allowed.
(2) No portion of an interstate high-rise sign may extend over a public right-of-way.
(3) An interstate high-rise sign shall meet all of the requirements of the state’s Department of Transportation.
(2011 Code, § 34.0307.17)
§ 158.161 SPECIAL ARENA SIGN ALLOTMENT.
The purpose of this section is to accommodate the necessary signage for major community entertainment arenas and facilities that are capable of serving at least 5,000 patrons at a time.
(A) Sign plan. A sign program indicating locations of all signage on a plot plan as well as on architectural elevations shall be submitted with the sign permit. Locations for all interchangeable, temporary signage, such as banners, shall be indicated on the sign plan. Section 158.158 of this chapter shall be enforced.
(B) Sign clutter.
(1) Applicant shall establish that all practical efforts have been made to reduce sign clutter in the visual landscape.
(2) Spacing, height and size of all signs will be considered and shall reflect the sign requirements of the zoning of the property.
(C) Sponsored signage.
(1) Signage for the arena may be sponsored by another entity, company or business and not be considered an off-premises sign.
(2) However, the primary message on the sponsored signage must be for the primary activity on-site.
(D) Inward and outward facing signage.
(1) All signage that is interior to the arena or facility’s structure or building shall not be regulated.
(2) Any outward facing signage shall be regulated in accordance with this subchapter.
(E) Bulk regulations.
(1) The intent of this section is to accommodate the needs for additional signs for large, community entertainment arenas and businesses.
(2) Number of signs shall be reasonable and practical. Sign size and height shall reflect the zoning of the property.
(F) Appeals. Appeals on decisions for sign permits for community entertainment arenas shall be the responsibility of the applicant to file a written appeal with the Zoning Administrator no later than ten working days after the decision has been issued to the Planning and Zoning Commission and the City Council to ensure a hearing date, review and action.
(2011 Code, § 34.0307.18) (Ord. 2373, passed 4-20-2020)
§ 158.162 SIGN REQUIREMENTS BY ZONING DISTRICT.
