This section is enacted to ensure that signs are designed, located, constructed, erected and maintained so as to preserve the public safety of motorists and pedestrians and to preserve the Dutch Heritage as well as promote the natural beauty and distinctively quaint and historical character of the City in a manner that will protect property values, create a more attractive economic and business climate, promote and aid tourism which is declared to be of importance to the economy of the City, protect pedestrians and motorists from damage or injury caused by improperly situated signs, and promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the City.

1.   Definitions. The following terms are defined for use in this section:

   A.   “Sign” means any device for visual communication which is used or is intended to attract the attention of the public when the display of this device is visible beyond the boundaries of the property on which the display is made. The term “sign” does not include any flag, badge or insignia of the United States, State of Iowa, City of Pella, official historic plaques of the City of Pella or corporate flag of a business or other organization. Nothing contained in this definition shall prevent the erection of official traffic, fire, and police signs, signals, devices and markings of the State of Iowa, City of Pella, or the posting of notices required by law. In the case of a corporate flag of a business or other organization, the flag must be located on the private property of the business or organization itself.

   B.   “Sign, abandoned” means a sign located on property which becomes vacant and unoccupied for a period of thirty (30) days or more.

   C.   “Sign area” means that area of a sign’s exposed facing determined by the Zoning Administrator using actual dimensions when irregularity of a sign shape warrants. Any supporting posts and space around the actual sign area will not be included in the allowable sign area. Such area shall be measured from the extreme points or edge of sign, painted background, or the peripheral encasement or structural trim which forms parts of the sign proper or of the display. The area of a sign composed of characters or words attached directly to a building’s wall surface shall be the smallest geometric which encloses the whole group of characters or words. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of residential premises shall not constitute a sign for the purposes of this section.

   D.   “Sign, balloon” means a floating or suspended sign that uses helium or other gas that causes floatation of balloons or similar type object. Balloon signs are expressly prohibited City-wide. For purposes of this definition, balloons directly associated with community events such as carnivals, Tulip Time or events that are associated with institutions such as colleges or universities are exempt from this provision.

   E.   “Sign, banner” means a temporary sign which calls attention to a particular promotion or event or to a general aspect of the quality of life in the community or the surrounding area. There are three (3) types of banner signs as follows:

      (1)   Business/organization banner sign, which calls attention to a particular business/organization the primary purpose of which is to benefit that business/organization through the promotion or event displayed on the sign.

      (2)   Community-sponsored event banner sign, which is a banner sign erected by a particular business/ organization, the primary purpose of which is to promote a general aspect of the quality of life in the community or the surrounding area through the images displayed on the sign. Examples would be heritage of the community, seasons, holiday shopping or the general promotion of the community or the surrounding area.

      (3)   Community special event banner sign, which is a banner sign erected by a particular business/organization the primary purpose of which is to promote a particular event which involves/is available to members of the public at large and which enhances the quality of life in the community and the surrounding area through the event displayed on the sign. Examples would be an Easter egg hunt, Art in the Park, or Kermis.

Banner Signs located in public right-of-way must have a permit approved by the Public Works Director and the Electric Department Director and be located on streets approved for banners.

   F.   “Sign, change panel” means a sign designed to permit immediate changes of copy which is other than the name of the business.

   G.   “Sign, commercial entryway” means a sign identifying the entrance to a particular commercial area by its commonly used name. It shall contain no references to any particular businesses or occupants of businesses.

   H.   “Sign, development” means signs used to identify future development or a building under construction or rejuvenation.

   I.   “Sign, direct lighting of” means a source of external illumination located a distance away from sign, which lights the sign, but which is itself not visible to persons viewing the sign from any normal position of view.

   J.   “Sign, directory” means a sign which is limited to naming the business or organizations which are located on different properties. A directory sign differs from a joint identification sign in that the businesses or organizations identified on the sign are located on different properties. Example would be golf courses, clubhouse, hotel/ motel, restaurants and health clubs.

   K.   “Sign, European shingle” means a hanging, decorative sign fashioned entirely of metal or wood in an Old World or European style.

   L.   “Sign, exterior” means a sign which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such a sign is located. An exterior sign may be a sign attached flat against a building or structure, or projecting out from a building or structure.

   M.   “Sign, freestanding” means any sign erected or affixed in a rigid manner to any pole or post that stands alone and is not attached to any building.

   N.   “Sign, grand opening” means a temporary sign which calls attention to a new business.   

   O.   “Sign, informational” means a public sign erected by or on behalf of a governmental body to post legal notices, identify public property, identify public utilities regarding its poles, lines, pipes or facilities, or to regulate pedestrian or vehicular traffic.

   P.   “Sign, institutional directional” means a sign which is limited to naming the buildings and/or facilities and the directions thereto for a school, university, church, hospital, or on the grounds of a business located in districts zoned for industrial or institutional uses.

   Q.   Sign, institutional directory” means a sign which is limited to naming the organization and the buildings and/or facilities and the directions thereto which are located on the campus of a college, school, university, church, hospital or on the grounds of a business located in a district zoned for industrial or institutional uses.

   R.   Sign, institutional entryway” means a sign which is limited to identifying the entrance to a particular college, school, church, or hospital by its commonly used name. It shall contain no references to any particular building and/or facility located on the campus of the college, school, university, church or hospital.

   S.   Sign, institutional identification” means a sign which is limited to identifying a particular building and/or facility which is located on the campus of a college, school, university, church or hospital.

   T.   Sign, internal-indirect lighting of” means a source of illumination entirely within the sign (generally a freestanding letter) which makes the sign visible at night by means of lighting the background upon which the freestanding character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of illumination shall not be visible.

   U.   “Sign, joint identification” means a sign that serves as a common or collective identification for two (2) or more businesses or industrial uses on the same property and that may contain a directory to be uses as an integral part thereof, or may serve as a general identification only for such developments as shopping centers, industrial parks, professional buildings and similar uses. A joint identification sign differs from a directory sign in that the businesses identified are located on the same property. Nothing contained herein shall restrict the number of joint identification signs on a particular property or building, provided, however, that all other regulations concerning type, size, number and other restrictions contained in this section are complied with.

   V.   “Sign, menu” means a sign which advertises primarily food and/or beverages in connection with a drive-in and drive-through restaurants.

   W.   “Sign, nonconforming” means any sign which is not allowed under this section, but which, when first constructed, was legally allowed by the City of Pella, or the political subdivision then having control and regulation over signs.

   X.   “Sign, peddler” means a temporary sign associated with an approved peddler use.

   Y.   “Sign, permanent window” means a sign which has paint or graphic material applied to a window surface by painting or adhesion for any period longer than thirty (30) days (not necessarily consecutive) per calendar year.

   Z.   "Sign, portable" means a freestanding sign that is manufactured or designed to be placed on top of the ground without anchoring or a foundation. Portable signs are expressly prohibited except for portable specialty signs as defined and permitted in Table 165.33-1.       (Ord. 708 - May 06 Supp.)

   AA.   “Sign, project and or construction” means a temporary sign giving the name or names of principal contractors, architects, lending institutions or donors responsible for construction on the site where the sign is to be placed and information about the enterprise or project being developed.

   BB.   “Sign, residential entryway” means a sign identifying the entrance to a particular residential area by its commonly used name. It shall contain no references to any particular residences or occupants of residences, nor to any commercial activities being carried on as a permitted accessory use in residential zoning districts. The maximum number allowed is one per street entrance into the development.

   CC.   “Sign, retail promotion event” means a promotion sponsored by an individual, business and/or the general business community to advertise or promote a special offering on products, goods and services. Used in conjunction with the temporary window sign.

   DD.   “Sign, sale, lease, and rent” means signs which indicate that some premises or vacant land is for sale, lease or rent.

   EE.   “Sign, shingle” means a hanging sign used to identify a business whose front is under a roof overhang, covered porch or open lattice walkway.

   FF.   “Sign, special event/community sponsored event” means an event which promotes the general aspect of the quality of life in the community and/or the surrounding area or a specific event which is of general interest to the community and/or surrounding area. Examples would be the heritage of the community, seasons, holiday shopping, athletic and/or musical events, or general promotion of the community and/or surrounding area.

   GG.   “Sign, temporary” means any sign not permanently attached to the ground, wall or building, and intended to be displayed for a period of time not to exceed thirty total (but not necessarily consecutive) days per calendar year.

   HH.   “Sign, temporary window” means a temporary sign placed in the window of a commercial or retail business establishment (whether placed on the interior or exterior of the window), which is not permanently attached to or on any window or window casing, and which is used for the promotion of a special event and/or community sponsored event or a retail promotion event. The display of a temporary window sign shall not exceed thirty total (but not necessarily consecutive) days per calendar year.

   II.   “Sign, traffic directional” means a sign designed and located solely for the purpose of relieving traffic congestion and promoting the safe flow of traffic on private property.

   JJ.   “Sign, wall” means a sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall.

   KK.   "Fuel use" means a use engaged in the retail sale of petroleum and that may or may not also include the incidental sale of food and beverages. Typical uses include gas stations and gas/convenience centers.                            (Ord. 658 - Oct. 04 Supp.)

   LL.   "Food use" means a use engaged in the preparation and sale of food and beverages in a restaurant setting where the preparation of the food is the primary use constituting more than 50 percent of the establishment's gross income; this would include the sale of alcoholic beverages when conducted as a secondary feature of the use, producing less than 50 percent of the establishment's gross income. Typical uses include fast food and sit-down restaurants.
                                                   (Ord. 658 - Oct. 04 Supp.)

    MM.   "Lodging use" means lodging services involving the provision of room and/or board, but not meeting the classification of Bed and Breakfasts. Typical uses include hotels, apartment hotels, motels and inns.                              (Ord. 658 - Oct. 04 Supp.)

   NN.   "Sign, memorial marker" means a noncommercial freestanding sign installed by the City of Pella or authorized by the City to be installed that is made from stone, iron, brass or bronze and is intended for historical, cultural, military or community heritage marking.      (Ord. 646 - Oct. 04 Supp.)

   OO.   "Elevated monument sign" means a ground sign that does not have any exposed pole or pylon. Such sign has a body of brick or some similar hard surface material and said material borders the sign on at least two sides.                        (Ord. 678 - Oct. 05 Supp.)

   PP.   "Safety sign" means a sign which denotes, cautions, warns or advises of hazards, dangers, risks, either actual or potential, and may also include health related advisories. Typical safety signage examples include high voltage warnings, hard hat or goggle requirements, no smoking advisories and similar safety or health related signage.                                          (Ord. 706 - May 06 Supp.)

   QQ.   "Directional/Wayfinding sign" means a sign which has as its primary function the geographic delineation of a specific building, department, or division of an industrial facility which aids in the location and wayfinding for employees, truck or other deliveries, or visitors.                            Ord. 706 - May 06 Supp.)

   RR.   "Campus sign" means a sign which denotes the border of an industrial campus or facility.             (Ord. 706 - May 06 Supp.)

   SS.   "Community entrance sign" means a sign which is noncommercial, primarily composed of brick or masonry, and only denotes or indicates entrance into the City of Pella.                  (Ord. 721 - Aug. 06 Supp.)

   TT.   "Sign, Highway 163 Monument" means any sign that is built to be adjacent to Highway 163, and shall not be considered a freestanding sign for the purposes of the maximum number of signs.

2.   Requirement of Conformity. It is illegal for a sign to be placed or maintained in the City except of the type and specifications provided in this section.

   A.   Any person violating any provisions of this section or failing to comply with any order or regulations made hereunder, shall be guilty of a misdemeanor. All signs maintained contrary to the provisions of this section are declared to be nuisances, and such nuisances may be abated as provided by law. Violation of any of the provisions of this section is hereby declared to be a municipal infraction enforceable in accordance with the provisions of Section 364.22, Code of Iowa.

   B.   The City Attorney is hereby authorized to enforce this section by pursuing any and all alternatives remedies or actions at law or in equity available, whether specified in this section or not.

   C.   All signs shall be in compliance with the building, lighting and electrical codes of the City and National Electrical Codes. Except for banners, flags, temporary signs and window signs, signs shall be constructed of permanent materials and shall be permanently attached to the ground or building by direct attachment upon the site or building upon which the sign is located. Except in the case of a sign allowable under this section which by its very nature identifies a particular area or group of businesses (such as a joint identification sign or an entry way sign), such a sign shall be located in the subdivision or lot upon which the area or group of businesses to be identified is located.

   D.   Review Process. All signs requiring a permit shall be reviewed by the Zoning Administrator and the Community Development Committee. The applicant shall submit the sign permit application to the Zoning Administrator, who first will review the proposed sign in relation to the dimensional, locational and numerical requirements of this section. Upon approval of the sign permit by the Zoning Administrator, the application shall then be submitted to the Community Development Committee, which shall consider the proposed general design, arrangement, texture, materials, colors, lighting, placement and appropriateness of the proposed sign in relation to other signs and other structures on the premises and contiguous area, in keeping with the intent of this section. Within thirty (30) days of sign permit application submittal, the Zoning Administrator and the Community Development Committee shall act on the submittal by approving or denying the application. If the application is not acted upon by the Zoning Administrator and the Community Development Committee within thirty (30) days, the application shall be deemed approved. If the application is denied, then the reasons for the denial shall be communicated to the applicant in writing along with any recommendations of the Committee.

   E.   Context Sensitive Signage Design. The Community Development Committee, in reviewing all signs for context sensitive design appropriateness, shall refer to the Design Review District Design Manual and shall consider the location and design of signs with respect to building architecture and other signage on the property and on adjacent properties. A copy of the Design Manual shall be made available for review by any application in the office of the Zoning Administrator.

   F.   All signs shall be maintained in good state of repair including, but not limited to, the structural components, the lighting, if any, the portion attaching the sign to the ground or structure and the surface features.

   G.   Abandoned signs shall not be allowed and shall be removed in accordance with the provisions of this section.

3.   Regulation of Nonconformity. The Zoning Administrator shall have the authority to revoke any permit which has been granted when the Zoning Administrator has determined that the sign authorized by the permit has been constructed or maintained in violation of the permit.

4.   Removal of Signs. The Zoning Administrator is authorized to require removal of any sign judged to be illegal as defined by this section. Written notice shall be given to the owner of the illegal sign or the owner of the property on which the sign is located. The notice shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign, and the violations charged; such notice shall specify what repairs, if any, will make the sign conform to the requirements of this section, and specify that the sign be removed or made to conform with the requirements of this section within the notice period provided below:

   A.   The notice period for a permanent sign is thirty (30) days.

   B.   The notice period for a temporary sign is five (5) days.

Re-erection of any sign or substantially similar sign on the same premises after a compliance notice has been issued shall be deemed a continuance of the original violation. Actual cost and expenses for removing an illegal sign shall be paid by the owners of the premises upon which the sign was located and each shall be jointly or severally liable. The City Attorney is authorized to act on behalf of the City to collect expenses incurred.

5.   Liability for Damages. Provisions of this section shall not be construed to relieve or eliminate in any way the responsibility or liability any person who erects or owns any sign, for personal injury or property damage caused by the sign; nor shall the provisions of this section be construed to impose upon the City, the Community Development Committee, the Zoning Administrator, the City’s officials or its employees any responsibility or liability by reason of the approval of any signs under the provisions of this section.

6.   Regulation of Nonconformity. Any nonconforming sign, as defined by this section, may be continued in use for a reasonable period of time, not to exceed five (5) years from the date of adoption of this code. Reasonable repairs and alterations may be made to nonconforming signs; however, in the event any such sign is damaged exceeding fifty percent (50%) of the reproduction value according to appraisal by certified appraisers, or is removed by any means whatsoever, including an act of God, such sign may be restored, relocated, reconstructed, altered or repaired only to conform with the provisions of this section.

   A.   Freestanding Elevated Signs. Existing freestanding elevated signs which do not comply with the provisions of this section may continue to exist as legal nonconforming signs until such time said signs are modified or replaced.                       (Ord. 679 - Oct. 05 Supp.)

7.   Requirements and Procedures.

   A.   Permit Required. A sign permit shall be required before the erection, construction, alteration, placing or locating of all signs conforming with this section. A permit shall not be required for repainting without changing composition or color or for nonstructural repairs.

   B.   Plans and Specifications. A copy of plans and specifications shall be submitted for each sign regulated by this section. Such plans shall show details about size of the sign, colors, location and materials to be used.

   C.   Construction Requirements. All signs and supports shall be placed on private property, unless otherwise expressly permitted by this section.

   D.   Lighting.

      (1)   Signs may be illuminated or non-illuminated. Illumination may be internal (unless specifically prohibited), internal-indirect, and direct, and shall be so installed as to avoid glare or reflection into any adjacent property or onto a street or alley to create a traffic hazard.

      (2)   No exposed neon or similar tube type of illumination including open light bulbs shall be permitted. No flashing, blinking or rotation lights shall be permitted for either permanent or temporary signs.

      (3)   No signs, temporary or permanent, containing internal lighting shall be allowed in the CBD District.

      (4)   Permanent window signs shall not contain internal lighting.

      (5)   No sign shall be permitted any part of which moves by any mechanical or electronic means.

8.   Signs Exempt from Regulation Under This Section.

   A.   Any public notice or warning required by a valid and applicable Federal, State or local law, regulation or ordinance.

   B.   Holiday lights and decoration with no commercial message, but only between November 1 and January 15.

   C.   Traffic control signs (pedestrian or vehicular) on public or private property, such as Stop, Yield and similar signs, the faces of which meet Department of Transportation standards and contain no commercial message of any sort.

   D.   Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone, lot or parcel within which the sign is located.

   E.   College fraternity and sorority signs which do not exceed four (4) square feet in size and are non-illuminated provided that the sign is a wall sign and only one such sign is located per building. This exemption shall not apply where the building in question is adjacent a residential zoning district or existing residential use.                                         (Ord. 632 - May 04 Supp.)

9.   Beer Brand Signs Prohibited. No signs or other matter advertising any brand of beer shall be erected or placed upon the outside of any premises occupied by licensee or permittee authorized to sell beer at retail. Neither shall any signs or matter advertising any brand of beer, liquor or wine be prominently displayed in the windows or doorways that would be clearly visible to any passing motorist or pedestrians. All signs formerly erected shall be removed by the owner or designee of the premises.

10.   Approved Special Uses.

   A.   Apartments. The total sign area allowed, including wall signs and freestanding ground signs, is twelve (12) square feet, plus an additional one square foot for each unit over twelve (12) units. Traffic directional signs are allowed.

   B.   Accessory Uses in Residential Zones. For permitted accessory uses allowed in residential Zoning Districts of this chapter, one wall sign with a total sign area of four (4) square feet shall be allowed, unless a particular accessory use is specifically permitted elsewhere in this chapter.

   C.   Residential, Subdivisions, Condominiums, Townhouses and Mobile Home Parks. Residential entryway signs are allowed at each entrance to the development with a maximum sign area of twenty (20) square feet, a maximum height of six feet (6'), and shall be placed on private property. Traffic directional signs area allowed.

   D.   Commercial Subdivisions.

      (1)   Commercial entryway signs are allowed in accordance with the provisions for freestanding ground signs.

      (2)   Traffic directional signs are allowed.

      (3)   Directory signs are allowed. This sign shall be allowed at each entrance to a particular commercial area and shall be in accordance with the requirements for freestanding signs.

      (4)   Joint identification signs are allowed in accordance with the provisions for freestanding signs.

      (5)   Industrial entryway signs are allowed in accordance with the provisions for freestanding ground signs.

   E.   Theaters.

      (1)   The maximum wall sign area allowed is one square foot for each one foot (1') of building front.

      (2)   The maximum area allowed for a freestanding sign is thirty-six (36) square feet, any part of which may be a change panel sign.

      (3)   Traffic directional signs are allowed.

      (4)   Movie Poster Signs. In addition to the maximum wall signage allowed pursuant to this section, theaters may have one movie poster sign per movie screen and all such signage may be located on the same wall. The maximum area for each movie poster sign shall be ten (10) square feet. In no case shall movie poster signs be internally illuminated in the CBD District.

      (5)   Theater Signage Location. Theater wall signs may be located on adjacent buildings in multiple tenant developments provided that the building location is immediately adjacent the theater building and the total square footage of all the signs, excluding movie poster signs, does not exceed 1¼ square feet per linear foot of wall frontage.

      (6)   Other Theater Poster Signs. Other theaters which are not movie theaters may have one poster sign per stage, play or performance area. The maximum square footage for each sign shall be ten (10) square feet. The sign shall be externally lighted or non lit. (Ord. 722 - Aug. 06 Supp.)

   F.   Service Stations.

      (1)   The maximum wall sign area allowed is one square foot for each one foot (1') of building front.

      (2)   The maximum freestanding elevated sign area allowed excluding change panel signs is thirty (30) square feet.

      (3)   Freestanding ground signs are allowed as provided in this section; provided, however, the business must choose to have either a freestanding ground sign or a freestanding elevated sign as allowed herein.

      (4)   Traffic directional signs are allowed.

      (5)   For freestanding elevated signs change panel signs are allowed as provided in this section. For freestanding ground signs change panel signs are allowed only as provided in this section.

      (6)   In the event the service station has a protective canopy located upon the property, the side of that canopy is considered a wall and is subject to the limitations contained herein. However, in such a case, an additional wall sign on the wall of the service station building shall be allowed with a maximum area of twelve (12) square feet.

   G.   Public Uses, Institutional Uses, Schools and Churches. The uses covered by this subsection shall include museums, libraries, community centers, churches, schools, parks, golf courses and recreation areas, cemeteries, nonprofit day care centers, hospitals and nursing homes, college fraternities and sororities if recognized by the local college or university and of similar public and institutional uses.

      (1)   The maximum wall sign area allowed is one square foot for each one (1) foot of building front.

      (2)   The maximum area allowed for a freestanding ground sign is thirty six (36) square feet, any part of which may be a change panel sign.

      (3)   Traffic directional signs are allowed.

      (4)   Museums, libraries, community centers, churches, schools, parks, golf courses and recreation areas, cemeteries, nonprofit day care centers and hospitals and nursing homes shall be entitled to two (2) off-premises freestanding signs with a maximum area of six (6) square feet per sign. This sign, subject to permit approval, may be placed in public right-of-way and shall be limited to the name of the organization and to the location and/or direction to the premises. In the event more than one organization desires to place a sign in the same location, the Building Official shall have the option of limiting the number of signs in the location and/or requiring the use of joint identification sign. The sign shall be subject to removal for necessary public works within the public right-of-way at the sign owner’s expense.

      (5)   Change panel signs are allowed as provided herein this section.

      (6)   Institutional directional signs are allowed for institutions specified in the definition thereof, with a maximum sign area of twelve (12) square feet, a maximum height of six (6) feet, and a maximum of three (3) signs allowed on the campus of the institution in question. Colleges, hospitals and universities shall be allowed a maximum of one (1) institutional directional sign per entry drive from a public street plus three (3) additional signs. The signs shall be placed upon the private property of the institution.

      (7)   Institutional directory signs are allowed for institutions specified in the definition thereof in accordance with the provisions of this section concerning freestanding ground signs, and with a maximum sign area of twenty (20) square feet, a maximum height of six (6) feet, and with a maximum of four (4) signs allowed on the campus of the institution in question. The signs shall be placed upon the private property of the institution.

      (9)   Institutional identification signs area allowed for institutions specified in the definition thereof, with a maximum sign area of six (6) square feet, a maximum height of four (4) feet, and with a maximum of two (2) signs for each building and/or facility on the campus of the institution in question. The signs shall be placed upon the private property of the institution.

      (10)   Institutional signs – Internal versus external lighting.

         a.   Maximum Number of Signs. The maximum number of internally lit institutional signs on a campus shall be one (1). Colleges, hospitals and universities shall be allowed two (2) internally lit signs. All signs may be externally illuminated.

         b.   Standard for interior-lighted institutional signs. If an interior-lighted sign is to be used the sign face shall be fabricated with aluminum faces with the graphics “cut out” or “reversed out.” Translucent acrylic or polycarbonate material will be placed as a backing and lighting may shine only through these areas on the sign face. No lighting fixtures or hardware in the interior of the sign cabinet shall be visible through the graphic area. The remaining sign cabinet structure must remain opaque. No translucent faces in which the entire sign face background is illuminated shall be used. Furthermore, no design shall be allowed which is made up of only a sign cabinet fabricated from aluminum extrusions and formed into a simple rectangular shape and mounted to posts or set onto a base.

      (11)   Community directory signs are allowed as specified in the definition thereof, with a maximum sign area of thirty two (32) square feet and with a maximum height of six (6) feet. Community directory signs may be double-faced, but shall contain no internal lighting. Community directory signs may be placed on public or private property (with the permission of the private property owner), but in no event shall they be located within the corner visibility triangle.

   H.   Unspecified Uses.

      (1)   The maximum permanent wall sign area allowed is one square foot for each one (1) foot of building front, except with regard to a mini-mall/professional plaza located in a CBD or CUC District, the maximum wall sign area allowed is twelve (12) square feet per business, with a maximum total sign area not to exceed seventy two (72) square feet.

      (2)   In CBD areas freestanding ground signs are allowed as provided in this section. In CUC, CC, M-1, M-2 and A-1 areas, freestanding signs are allowed as provided in this section.

      (3)   Traffic directional signs are allowed.

      (4)   Joint identification signs are allowed as follows:

         a.   Freestanding Signs. The provisions of Table 165.33-1 shall apply, except that for each business advertised after the first business, the square foot area allowed may be increased by up to fifty percent (50%) of the square foot area allowed for the first business with a maximum square foot area allowed equal to double the square foot area allowed for the first business.

         b.   Wall Signs. The provisions of Table 165.33-1 shall apply, except that for each business advertised after the first business, the square foot area allowed may be increased by up to fifty percent (50%) of the square foot area allowed for the first business with a maximum square foot area allowed equal to double the square foot area allowed for the first business.

      (5)   Institutional directional signs are allowed for businesses specified in the definition thereof, with a maximum sign area of twelve (12) square feet, a maximum height of six (6) feet, and with a maximum of three (3) signs allowed on the grounds of the business in question. The signs shall be placed upon the private property of the business.

      (6)   Institutional directory signs are allowed for businesses specified in the definition thereof in accordance with the provisions of Table 165.33-1 and with a maximum sign area of twenty (20) square feet, a maximum height of six (6) feet, and with a maximum of four (4) signs allowed.

      (7)   Institutional directory signs are allowed for businesses specified in the definition thereof in accordance with the provisions of Table 165.33-1 concerning freestanding ground signs, and with a maximum sign area of twenty (20) square feet, a maximum height of six feet (6'), and with a maximum of four (4) signs allowed on the grounds of the business in question. The signs shall be placed upon the private property of the business.

11.   Signs in Public Right-of-Way Prohibited. Signs cannot be placed on public property or rights-of-way unless explicitly permitted or exempted herein. Any City of Pella signage (approved by the Public Works Director or City Council, if required) or State highway signage is exempt from the provision of this subsection. Traffic control signs shall conform to MUTCD standards.

12.   Sign Requirements by Type of Sign. Sign requirements by type of sign shall be in accordance with Table 165.33-1.

13.   Permit Fees.

   A.   Before issuing any sign permit required by this section the City shall collect a fee as identified on the current Fee Schedule contained in Chapter 171 of this Code of Ordinances..

   B.   Where work for which a permit is required by this chapter has begun without an approved permit and permit fee collected, a fine up to one hundred dollars ($100.00) may be levied, but the payment of such fine shall not relieve any persons from complying fully with the requirements of this section in the execution of the work or from any penalties prescribed herein.

   C.   Upon determination that an application for sign permit is in compliance with this section , the Zoning Administrator shall issue a sign permit. Upon issuance, a sign permit shall be valid for a period of thirty (30) days.

14.   Signs Expressly Prohibited. The purpose of prohibiting certain signs in Pella is to preserve the quaint character and Dutch heritage of the community and related tourism industry, protect the public safety of motorists and pedestrians, foster context sensitive signage design, and minimize the negative visual impact of signage on adjacent residential uses. The list of sign types below shall not be considered an all-inclusive list of prohibited signs but are hereby expressly prohibited:

   A.   Exposed neon or similar tube type is prohibited or emulating neon with translucent plastic.

   B.   Open light bulbs, flashing, blinking or rotating lights are prohibited.

   C.   Rotating, turning, revolving or any other mechanically moving signs are prohibited.

   D.   Internally lit signs are prohibited in the CBD District.

   E.   Internally lit freestanding ground signs are prohibited in the CUC District.

   F.   Freestanding elevated signs are prohibited except for food, fuel and lodging uses as defined in the Highway 163 Bypass signage section of this chapter.

   G.   Balloon signs are prohibited except that balloons directly associated with community events such as carnivals, Tulip Time or events that are associated with institutions such as colleges or universities are exempt from this provision.

   H.   Window signs shall not contain internal lighting.

   I.   Electronically moving signs are prohibited.

Any signs which are not specifically listed in Table 165.33-1 or specifically listed in these regulations are not permitted.

15.   Highway 163 Bypass Signage:

   A.   Applicability. The provisions of this section shall only apply to food, fuel or lodging uses as defined by this section for parcels within a 1600 foot radius of the center of Highway 163 and the Washington Street, Clark Street or County Highway G5T interchanges.

   B.   Maximum Area/Maximum Height for Freestanding Elevated Signs. Parcels meeting the above applicability requirements may have one freestanding elevated sign with areas as follows:

      (1)   A sign area of up to 180 square feet for signs 60 feet in height.

      (2)   A sign area of up to 150 square feet for signs 50 feet in height.

      (3)   A sign area of up to 120 square feet for signs 40 feet in height.

      (4)   A sign area of up to 90 square feet for signs 30 feet in height.

      (5)   Signs less than 30 feet in height shall be limited to a maximum sign area of 50 square feet.

   C.   Number of Signs. Parcels meeting the applicability requirements may have one freestanding sign in addition to one freestanding elevated sign provided the additional sign is a freestanding ground sign. A minimum distance of sixty (60) feet shall be maintained between freestanding elevated signs and freestanding ground signs. A minimum distance of two hundred (200) feet shall be maintained between a freestanding elevated sign and any other freestanding elevated sign on adjacent parcels. In no case shall any parcel have more than one freestanding sign, whether ground sign or elevated, other than specified above for the Highway 163 interchange areas.

   D.   Wall Sign Allowance. Buildings on parcels meeting the above applicability requirements may have wall signs up to 250 square feet each per building front in area regardless of setback from the nearest public right of way provided all of the following are met:

      (1)   There is no freestanding elevated sign on the parcel in question.

      (2)   The wall sign if internally lit is lit with interior lit dimensional letters as defined by the following parameters :

         (a)   Fabricated dimensional letters w/ interior lighting and translucent faces. Light source may be concealed florescent tube or concealed neon.

         (b)   Company logos may be housed by a sign cabinet in the shape of the logo.

         (c)   Graphic layout may not be a line of lettering mounted to the face of a rectangular box cabinet.

      (3)   The wall sign does not contain more than 2.75 square feet per front foot of wall on which the sign is placed.                           (Ord. 672 - May 05 Supp.)

      (4)   The wall sign, when mounted, does not obscure or cover any architectural features of the building.

      (5)   The wall sign cannot be affixed to any portion or obscure any portion of the roof or roof line.

   This requirement shall not prohibit a business from having other wall signs provided they meet all other regulations for wall signs.

   E.   Maximum Sign Area Ratio. The maximum height to width or width to height ratio for wall signs and freestanding elevated sign areas under this section shall be 3 to 1.

   F.   Airport Restrictions. Any proposed freestanding elevated sign for the Washington Street interchange shall conform to airport height and lighting restrictions.

16.   Memorial Marker Sign.

   A.   Applicability. The provisions of this subsection shall only apply to Memorial Marker Signs as defined in this section.

   B.   Maximum Area/Maximum Height for Memorial Marker Signs. Maximum area and height parameters shall comply with freestanding ground sign (FSG) area and height parameters except where altered on a case-by-case basis upon review by the Community Development Committee. The sign permit applicant and the Committee shall both consider the context of the location in question with respect to signage design parameters.

   C.   Placement of Memorial Marker Signs on Public Property. No memorial marker sign shall be placed on public property without approval from the Parks Commission or other government agency as applicable.

   B.   Maximum Area. The maximum area for wall signs shall be as follows:

            Formula Applied
            0.5 square foot/linear foot for cabinet sign up to 50 sq ft maximum
            0.75 square foot/linear foot for internally lit letters up to 75 square feet maximum

      (2)   Wall Signs 100 feet or more from the nearest Right of Way:

             Externally Lit Sign:
            Formula Applied
            1.25 square foot/linear foot up to 250 square feet maximum

             Internally Lit Sign:
            Formula Applied
            1.0 square foot/linear foot up to 250 square feet maximum

   C.   Number of Wall Signs Allowed. Buildings that have walls which are broken up with different facades may have one wall sign per faux facade provided the total square footage of all the signage does not exceed the maximum allowed for the entire wall.      (#17 Ord. 677 - Oct. 05 Supp.)

18.   Elevated Monument Sign.

   A.   Applicability. The provisions of this section shall only apply to parcels located in the CC Community Commercial Zoning District.

   B.   Maximum Structure Height. The maximum height for the structure shall be 15 feet as measured from original ground level to the top of the sign structure.

   C.   Maximum Structure Width. The maximum width of the structure shall be 10 feet.

   D.   Maximum Sign Area. The maximum area of the sign shall be 50% of the surface area of the monument up to an absolute maximum of 64 square feet per each side.

   E.   Lighting. Lighting may be internal or external. Where internal lighting is utilized, an opaque, uniform background shall be used behind the business letters or logo for any multi tenant sign with more than four tenants.

   F.   Setback from Right of Way. The minimum setback from the nearest right of way line shall be 15 feet.

   G.   Setback from Other Freestanding Signs. The minimum setback from other freestanding signs shall be 60 feet.

   H.   Number Allowed. 1 per parcel except that lots which have frontage on more than one street will be permitted the use of a second elevated monument or ground sign provided it measures less than one third (1/3) of the total dimensions of the first monument sign. (#18 Ord. 678 - Oct. 05 Supp.)

   I.   Change Panel Sign. No more than 25% of the area of an elevated monument sign may be a change panel sign. (Ord. 720 - Aug. 06 Supp.)

19.   CBD/CUC Elevated Monument Sign. Parcels located in the CBD or CUC Districts may have an elevated monument sign subject to the following: the building of the parcel on which the sign is placed is setback 75 feet from the nearest street curb and the parcel has off-street (private) parking lot consisting of at least 25 parking spaces, and there is parking of any kind obstructing the placement of a freestanding ground sign on at least three sides.

   A.   Applicability. The provisions of this section shall only apply to parcels located in the CBD and CUC Zoning Districts.

   B.   Maximum Structure Height. The maximum height for the structure shall be 10 feet as measured from original ground level to the top of the overall structure, including monument and sign area.

   C.   Minimum Structure Width. The minimum width of the structure shall be 2 feet.

   D.   Maximum Structure Width. The maximum width of the structure shall be 4 feet.

   E.   Maximum Sign Area. The maximum area of the sign shall 20 square feet per each side.

   F.   Maximum Sign Area Width. The maximum width of the sign area shall be 5 feet.

   G.   Lighting. The sign shall be externally lit or non-lit.

   H.   Setback from Right of Way. The minimum setback from the nearest right of way line shall be 10 feet.

   I.   Setback from Other Freestanding Signs. The minimum setback from other freestanding signs shall be 60 feet.

   J.   Materials. The sign materials shall be consistent with the architecture of the building of the parcel on which the sign is placed.

20.   M1/M2 Industrial Signage. Parcels located in the M1 or M2 Districts may have signage as follows:

   A.   Recognition Signage. Building wall signage shall be permitted with the same dimensional and design parameters as for the CC District.

   B.   Safety Signage. Safety signs are permitted and may be placed without any permit requirement provided such signage is less than 4 square feet per sign and located on the private property of the industry.

   C.   Directional/Wayfinding Sign. Each industry shall be permitted one directional/wayfinding sign for every 150 feet of frontage on a public or private street right of way. The maximum height of such signage shall be ten (10) feet with maximum square footage of sign area of 40 square feet. The sign may be stacked once provided the total square footage of the two sign areas does not exceed 40 square feet. Sign lighting may be internal or external. An industry with less than 150 feet shall still be allowed one directional/wayfinding sign.

   D.   Campus Sign. Each industry shall be permitted one campus sign per public street frontage. The maximum height of said sign shall be fifteen (15) feet with a maximum square footage of 64 square feet. Sign lighting may be internal or external. Campus entryway signs may be placed on a landscaping wall provided the total square footage of the sign area does not exceed 64 square feet.

   E.   Legal Nonconforming Sign. Any industrial sign which was established as of the date of the adoption of Ordinance No. 706 (April 4, 2006) that does not conform with the provisions of the Zoning Ordinance shall be considered as legal nonconforming.

23.   Agricultural Industry Signage: Industrial uses in M1/M2 Zoning Districts related to agriculture shall be permitted wall signage for vertical structures such as elevators, towers, and bins based on the vertical dimension of the structure in lieu of the width of the structure. Otherwise, all other applicable criteria shall apply the same as other allowable M1/M2 Zoning District wall signage.

24.   CBD Wall Signage: If a business located in the Central Business District has greater than 40 feet of front footage, then additional square footage is allowed at the 1¼ square foot per linear foot requirement up to an absolute maximum of 75 square feet. In such case where there is more than 40 feet of front footage, if the business has multiple facades including canopy or awning extensions, one wall sign per facade element may be permitted provided the total square footage of all the signage does not exceed the maximum allowed for the entire wall. CBD wall signs shall otherwise meet all other design requirements herein this Chapter.

25.   Highway 163 Monument Signage. In addition to freestanding ground signs, monument signs or walls signs as permitted under this chapter, one highway monument sign shall be allowed on lots or tracts under single ownership, management, or control which have frontage abutting the highway right-of-way, provided the following conditions are met:

   A.   Applicability. Highway monument sign identifies the name of an office, commercial, or industrial development. The City of Pella is exempt from the requirements of this ordinance.

   B.   Location. Highway monument signs shall only be located on the side of the parcel abutting the Highway 163 right-of-way or Highway 163 ramp right-of-way. Highway monument signs shall only be placed on occupied parcels in the CC, INS, M1, and M2 districts. Highway monument signs shall not be placed in the public right-of-way.

   C.   Size of Sign. Allowable square footage of sign face shall be calculated at 0.2 square feet for every linear foot of highway frontage per parcel, maximum size of sign shall not exceed two hundred (200) square feet. Minimum square footage allowed for any property with highway frontage is sixty (60) square feet. The total area of a sign shall be actual square footage of one sign face. Sign face consists of individual freestanding letters or the sign block measurement around letters/graphics mounted to a structure. Dual faced signs may be permitted with the maximum square footage permitted on each side.

   D.   Maximum Height. The maximum height of a highway monument sign shall not exceed ten (10) feet above natural grade, unless subject to requirements of sub-section 25. D (1) below. Use of berms is prohibited.

      (1)   For properties up to three hundred 300 lineal feet of frontage along Highway 163, the maximum height allowed is seven (7) feet above grade. For properties between three hundred (300) lineal feet and seven hundred fifty (750) linear feet of frontage along Highway 163, the maximum height allowed is eight (8) feet above grade. For properties over seven hundred fifty (750) lineal feet of frontage along Highway 163, the maximum height allowed is ten (10) feet above grade.

      (2)   Orientation to height. Signs must be constructed on a longitudinal orientation wider than it is high by a factor of two (i.e., Rectangular shaped with long axis oriented toward the ground).

      (3)   In those situations, in which it can be proven through an engineer's survey that the elevation at the base of the intended highway monument sign structure at the closest edge of interstate pavement is lower than the roadway surface of the interstate, the height of the sign structure may be increased to achieve a maximum height of ten (10) feet or maximum allowed per sub-section 25.D.(1), above the height of the adjacent interstate pavement elevation. In no case shall the highest element of the highway sign structure exceed thirty (30) feet in height.

   E.   Sign Design Standards. Design of the sign and supporting structure needs to create visual interest and be integrated into, or at a minimum, complement the surroundings, incorporating architectural elements and unique design elements consistent with the materials, colors, and building elements of the site.

      (1)   Structure Design. The highway sign structure shall be uniform in design and horizontal in nature. However, for highway monument signs where the natural grade is below highway grade, signs may be vertical in nature and monolithic. In addition, up to one-third (1/3) of the upper base area may be open to decrease the visual mass and surface area affected by wind loads while maintaining structural integrity. In no situation shall the base of the structure appear as a single post as that would be considered a pole sign, which is prohibited. No exposed sign cabinetry shall be visible from either side of the sign. Metal skirting around supporting poles shall not be considered an acceptable sign base and surround material. The highway sign structure shall be constructed with similar building materials and colors used on the principal building on the parcel.

      (2)   Sign Face Design. All highway sign faces shall be composed of individual dimensional letters (channel letters, reverse channel letters, solid letters or silhouettes), routered face or designed in a similar manner such that only the text, copy or graphic content of the sign is illuminated, and the background is opaque or open (see through). Pylon, post, panel, and box signs with letters painted or adhered to the face of the sign, composed of wood material or signs with sheet metal as its primary material shall be prohibited, except as follows as determined by the Community Development Committee:

         (a)   A panel sign is the only reasonable type of signage that will preserve the integrity of a known and identifiable corporate logo or trademark; and

         (b)   The panel sign is installed so that the box of the sign is hidden, and the panel face is mounted flush with the surface of the highway monument sign structure; and

         (c)   The sign is designed such that only the text, copy or graphic content of the sign is illuminated, and the background is opaque.

      (3)   Base Design and Surrounds. All sign bases and surrounds shall be designed and constructed with similar building materials as 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. Sign bases shall be at least twelve (12) inches in height, while all sign surrounds, when incorporated, shall be at least six (6) inches in thickness. The minimum material allotment for the base of the sign shall equal or exceed 40 percent of the width of the sign with the minimum base width of three (3) feet. 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.

   F.   Sign Setback. Setback shall be calculated at three (3) times the height of the sign, with a minimum setback of twenty (20) feet and maximum setback of fifty (50) feet from all property lines.

   G.   Lighting. Lighting is to be internal or ground mount. No portion of the sign shall be change panel, digital, LED panel or neon. No animated signs allowed.

      (1)   The source of the light must be concealed by translucent covers or positioned in such a manner that they are not visible to the public and glare is minimized.

      (2)   External illumination shall be a stationary light source, shielded and directed solely at the sign.

      (3)   Illumination shall not be directed toward the highway right-of-way.

   H.   Landscaping. Landscaping plans for the area within a fifteen (15) foot radius of the base of the sign shall be completed and reviewed as part of the sign permit approval process.

   I.   Distance from Other Signs. A highway monument sign must be at least three hundred (300) feet from any other such highway monument sign. For parcels with less than a minimum of three hundred (300) feet of frontage on the interstate, two or more adjoining parcels may be combined to satisfy such minimum frontage requirement and share a single interstate identification sign provided that they shall enter into a development agreement that is satisfactory in form to the Zoning Administrator, setting out arrangements to apportion the permitted copy area, for maintenance of the sign and similar matters that may be prescribed by the Zoning Administrator. Any such shared sign is hereby deemed to be an on-premises sign for the purposes of this Code, even though some of the copy may identify a business or organization that is not located on the sign premises.

   J.   Multiple Tenants. Multiple tenants on the same parcel must divide up allowable sign square footage. One group highway monument sign is allowed per parcel.

   K.   Permits. All applicable permits and regulatory approvals as required by law shall be obtained from the state and federal government prior to the issuance of a permit from the City. Highway monument sign approvals shall be granted through the full Community Development Committee of the City of Pella at an approved meeting date.