The Sign Regulations provide standards for communicating information in the environment of the City and its jurisdiction. The regulations recognize the need to protect public health, safety, and welfare; to maintain the City’s attractive appearance; to provide for adequate business identification, advertising, and communication of information; and to encourage the fair enforcement of sign regulations, all while protecting and promoting the free speech and expression rights of citizens within Windsor Heights. Fair enforcement means enforcement based on these provisions, and not the content expressed by any sign. Any complaint received regarding a sign that comports with these regulations does not constitute a violation of this code section.

   The following definitions shall be used for terms contained in this chapter that are not otherwise defined in this Code of Ordinances.

   1.   “Abandoned sign” means a sign, including sign face and supporting structure, which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of six months.

   2.   “Attached sign” means a sign which is structurally connected to a building or depends upon that building for support.

   3.   “Auxiliary design elements” means terms which describe secondary characteristics of a sign, including its method of illumination and other features within the bounds of its basic shape.

   4.   “Awning” and “awning sign” mean a temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for a supporting framework. An awning sign is a message printed on such a shelter.

   5.   “Banner” means material with a printed message or graphic secured or mounted from a structure in such a way as to allow wind movement under which pedestrian or vehicle traffic passes, but does not include signs or materials under which peoples or traffic do not pass, such as that tied or secured within or to a window or porch opening, or tied or secured flush against a building.

   6.   “Building marker” means an historic or commemorative plaque, or a building name or cornerstone carved into a masonry surface.

   7.   “Business center identification sign” means a sign which identifies a building or group of commercial buildings in single ownership or control, sharing parking and access.

   8.   “Canopy” means a projecting non-movable structure cantilevered or suspended from a building, supported by the main structural members to which it is attached, and used only as a roof or fixed shelter. A canopy may include a printed message or graphic, or not, and is treated no differently as a result under this ordinance.

   9.    “Clearance” means the distance from the bottom of a sign face elevated above grade and the grade below.

   10.   “Detached sign” means a sign which is self-supporting and structurally independent from any building.

   11.   “Directional sign” means a sign which serves only to designate the location or direction of any area or place.

   12.   “Double-faced sign” means a sign consisting of no more than two parallel faces supported by a single structure.

   13.   “Frontage” means the length of a property line of any one premises abutting and parallel to a public street, private way, or court.

   14.   “Ground sign” means a detached on-premises sign built on a freestanding frame, mast, or poles with a clearance no greater than 3 feet.

   15.   “Illumination” means lighting sources installed for the primary purpose of lighting a specific sign or group of signs.

   16.   “Marquee” means a permanent roofed structure attached to and supported by a building and extending over public right-of-way.

   17.   “Maximum permitted sign area” means the maximum permitted combined area of all signs allowed on a specific property.

   18.   “Monument sign” means an on-premises freestanding sign with the appearance of a solid base. The width of such base shall be at least 75 percent of the width of the sign.

   19.   “Moving sign” means a sign which conveys its message through rotating, changing, or animated elements.

   20.   “Nonconforming sign” means a sign that was legally erected prior to the adoption of this chapter but which violates the regulations of this chapter.

   21.   “Pole sign” means an on-premises sign, including any flag, built on a freestanding frame, mast, or poles with a clearance greater than 3 feet, and where the support encompasses less than 75% of the width of the sign.

   22.   “Portable sign” means any sign supported by frames or posts rigidly attached to bases not permanently attached to the ground or a building and capable of being moved from place to place.

   23.    “Premises” means a tract of one or more lots or sites which are contiguous and under common ownership or control.

   24.   “Projecting sign” means a sign other than a wall sign that is attached to and projects from a building face.

   25.   “Promotional sign” means a sign that is located within a business parking lot and affixed to a light pole or cart caddy to advertise a special price or event.

   26.   “Residential sign” means a small detached or attached sign located on a residential premises. Residential signs include window signs.

   27.   “Roof sign” means any sign or part of sign erected upon, against, or directly above a roof or on top of or above the parapet or cornice of a building.

      A.   “Integral roof sign” means a roof sign positioned between an eave line and the peak or highest point on a roof, substantially parallel to the face of a building.

      B.   “Above-peak roof sign” means a roof sign positioned above the peak of a roof or above a parapet or cornice.

   28.   “Sign” any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. This definition does not include architectural elements incorporated into the structure or façade of a building. For the purposes of this sign code, “signs” do not include those only visible from the inside of a building or athletic field/stadium; nor do “signs” include those held by or attached to a person.

   29.   “Sign type” means a functional description of the use of an individual sign, and includes owner identification, advertising, directional, electronic message, and temporary.

   30.   “Street façade” means any separate external face of a building, including parapet walls and omitted wall lines, oriented to and facing a public street, private way, or court. Separate faces oriented in the same direction or within 45 degrees of one another are considered part of the same street façade.

   31.   “Temporary sign” a sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, plastic, or other lightweight material that is neither permanently installed in the ground nor permanently affixed to a building or structure that is permanently installed in the ground, and which is intended to be displayed less than 60 days. The term “temporary sign” includes, but is not limited to, A-frame signs, lawn signs, banners, inflatable signs, and window signs. The term “temporary sign” does not include flags, and signs that are intended to regularly move, such as motorized signs.

   32.   “Wall sign” means a sign attached to and parallel with the side of a building.

   33.   “Window sign” means a sign painted on or installed inside a window for the purpose of viewing from outside the premises. Window signs do not include messages, signs, or speech hung from or exercised in the interior of the home which are visible from the exterior of the homes. Residents may elect for window signs to count towards residential signs or temporary signs.

   34.   “Zone lot” means a parcel of land in single ownership that is large enough to meet the minimum zoning requirements of its zoning district and can provide such yards and other open spaces that are required by the site development regulations.

   1.   Compliance. Each sign or part of a sign erected within the zoning jurisdiction of the City must comply with the provisions of this chapter and of other relevant provisions of this Code of Ordinances.

   2.   Resolution of Conflicting Regulations. This chapter is not meant to repeal or interfere with enforcement of other sections of this Code of Ordinances. In cases of conflicts between Code sections, or State or Federal regulations, the more restrictive regulations shall apply, except where State law or the State Constitution preempts municipal law, in which case State law or the State Constitution will govern, or where Federal law of the U.S. Constitution preempts State and municipal law, in which case Federal law or the U.S. Constitution will govern.

   3.   Prohibited Signs. The following signs are prohibited in all zoning districts.

      A.   Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety.

      B.   Any sign that obstructs free ingress to or egress from a fire escape, door, window, or other required access way to or from a building or site.

      C.   Any sign not maintained in good condition.

      D.   Any sign that blocks a driver’s clear line of sight of traffic or pedestrians, or which obscure official signs or signals.

      E.   Any sign that interferes with the view of, or is confused with, any traffic control sign or device, and any sign that misleads or confuses traffic flow. A sign’s position, size, shape, color, and illumination, but not its content, shall be considered when making such a determination.

      F.   Abandoned signs, which must be removed within six months of the date of abandonment.

      G.   Signs advertising activities that are illegal under Federal, State or local laws and regulations. This does not include signs which advocate for a change in the laws.

      H.   Rolling LCD signs which incorporate in any manner any rolling, flashing, pulsating, rotating, beacons, or moving lights.

      I.   Neon lights or signs, not intended to add to the overall architectural theme of the site.

      J.   Hazardous signs, or any sign or 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.

      K.   Signs which include visible moving parts, changeable copy or description by electrical or non-electrical means, or by action of wind currents; except as permitted in this section.

      L.   Any sign nailed, fastened, or affixed to any tree.

      M.   Any sign located on private property against the wishes of the property owner.

      N.   Any sign that otherwise violates this sign code.

      O.   Any sign displaying any obscene matter, as that term is defined by Iowa Code Chapter 728.

   4.   Exempt Signs. The following signs are permitted in any zoning district and are exempt from other provisions of this chapter.

      A.   Up to three non-temporary signs on private residential property that are smaller than 4 square feet in area.

      B.   Official signs authorized by a government or governmental subdivision, including public schools, which give traffic, directional, or warning information, or other official information.

      C.   Temporary signs less than 8 square feet for flat, or two-dimensional signs, or less than 64 cubic feet, for three-dimensional signs of displays.

      D.   On premise construction signs.

      E.   Signs, including works of graphic art painted or applied to building walls.

      F.   Neighborhood or subdivision identification signs under 50 square feet.

      G.   Street numbers.

      H.   Signs which are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed.

   5.   Buffer Yards. No sign other than on-premises directional signs shall be placed within any buffer yard required by Chapter 173, Landscaping and Screening Regulations, except buffer yards adjacent to intervening major streets.

   6.   Vision-Clearance Area. No sign may project into or be placed within a vision-clearance area defined by a triangle with legs of 25 feet from the point at which the curbs or edges of two intersecting streets, private ways, or courts or an intersecting street, private way, or court and driveway, meet.

   7.   Removal of Signs. If a sign owner’s business, profession, commodity, service, or other activity or use formerly occupying the site is discontinued, the sign must be removed within fifteen (15) days of closure. If the owner does not remove the sign, the City will remove it at the owners expense.

   1.   Professional Design and Construction. All signs must be designed and constructed by an individual or company pre-approved by the City and familiar with the City’s sign ordinance. The proposed individual or company shall be designated on the applicant’s sign permit and approved by the City in advance of sign construction.

   2.   Wall Signs and Graphics. Wall signs and graphics are subject to the following general regulations.

      A.   A wall sign shall not extend more than 12 inches from the wall to which it is attached.

      B.   A wall sign must be parallel to the wall to which it is attached.

      C.   A wall sign may not extend beyond the corner of the wall to which it is attached, except where attached to another wall sign, it may extend to provide for the attachment.

      D.   A wall sign may not extend beyond its building’s roofline.

      E.   A wall sign attached to a building on its front property line may encroach upon public right-of-way by no more than 12 inches. Such a wall sign shall provide minimum clearance of eight feet, six inches.

      F.   For the purpose of calculating permitted sign areas pursuant to this chapter, signs painted on the walls of buildings shall be considered wall signs.

      G.   Where permitted, canopy signs are counted as wall signs when calculating total permitted sign area.

   3.   Projecting Signs and Graphics. Projecting signs and graphics are subject to the following general regulations.

      A.   The maximum projection of any projecting sign shall be three feet.

      B.   A projecting sign may be no closer than two feet from the vertical plane of the inside curb line.

      C.   Each projecting sign must maintain at least the following vertical clearances:

         (1)   8 feet, 6 inches over sidewalks, except that a canopy may reduce its vertical clearance to 7 feet, 6 inches;

         (2)   10 feet outside of parking areas or driveways, but within 3 feet of such areas, or within 50 feet of the right-of-way lines formed by a street intersection;

         (3)   14 feet over parking lots;

         (4)   18 feet over alleys or driveways.

      D.   No projecting sign extending three feet from a property line may be located within 22 feet of any other projecting sign extending three feet from a property line.

      E.   Projecting signs must minimize visible support structure and may not expose guy wires, cables, turnbuckles, angle iron, or other similar external support structure.

   4.   Roof Signs. Roof signs are subject to the following regulations:

      A.   Where permitted, integral roof signs may be used interchangeably with wall signs.

      B.   An integral roof sign must be mounted parallel to the wall of the building that it faces.

   1.   Illumination. Lighting, when installed, must be positioned in such a manner that light is not directed onto an adjoining property or onto a public street or highway.

   2.   Marquees and Marquee Signs. Signs placed on, attached to, or constructed on a marquee are subject to the maximum projection and clearance regulations of projecting signs.

   3.   Banners.

      A.   A banner sign projecting from a building may not exceed the wall height of the building.

      B.   Maximum projection for any banner is three feet with a minimum clearance of 8.5 feet.

      C.   Maximum size of a banner is the lesser of twice the permitted size of a projecting sign or 120 square feet.

   4.   Clocks. For the purposes of this chapter, clocks are not considered a moving sign.

   All signs, excluding temporary signs, shall be constructed of materials that are similar to those used on the principal building. Such signage shall be dominated with materials of permanency and strength and shall be compatible with other structures and signs in the development.

   1.   Maximum Permitted Sign Area. Maximum permitted sign area for a premises is set forth as a numerical limit or as a function of the frontage of the premises on a street or private way. For properties with frontage on more than one street or private way, the total frontage shall be calculated as the longest frontage plus one-half the length of all additional frontages.

   2.   Sign Area.

      A.   Sign area includes the entire area within the perimeter enclosing the extreme limits of the sign, excluding any structure essential for support or service of the sign, or architectural elements of the building.

      B.   The area of double-faced signs is calculated on the largest face only.

      C.   The sign area for ground signs, monument signs, and architectural sign bands is calculated as the area enclosing the extreme limits of the copy only.

      D.   In the case of individual letters mounted to a wall, only the total area of the letters themselves is included within the sign area.

   3.   Height. The height of a sign is measured from the average grade level below the sign to the topmost point of the sign or sign structure.

   4.   Setback. The setback of a sign is measured from the property line to the supporting frame, mast, pole, or base of the sign.

   Any installation, modification, or expansion of any sign which is not exempt from the provisions of this chapter shall be subject to the following permit procedure.

   1.   Maintenance of Valid Sign Permit. The owner of a property containing signs requiring a permit under this Zoning Code shall at all times maintain in force a sign permit for such property. Sign permits may be issued for individual zoned lots, tenants, or sign owners. A sign permit may be revoked if the sign is not maintained in good condition.

   2.   Any ambiguity in this sign code should be resolved in favor of allowing the display of a proposed sign.

   3.   Any person who displays a sign in compliance with this code may substitute the message on that sign without first securing any additional approval, permitting, or notice, provided that any such substitution would not result in the sign becoming noncompliant.

   4.   Nothing in this code is intended or shall be construed so as to prevent the strengthening or restoration to a safe condition of a nonconforming sign for purposes of the public health and safety.

   5.   Sign Permit Applications. All applications for sign permits shall be submitted to the Zoning Administrator in accordance with application specifications established by the ordinance.

   6.   Application Fees. Each application for a sign permit shall be accompanied by any applicable fees, which shall be established by the Council from time to time by resolution.

   7.   Action. Within ten working days of the submission of a complete application for a sign permit, the Zoning Administrator shall either:

      A.   Issue the sign permit, if the sign conforms to the provisions of this chapter, regardless of content of the sign.

      B.   Reject the sign permit if the sign that is the subject of the application fails in any way to conform with the requirements of this chapter, regardless of the content of the sign.

   8.   Permit Expiration. If a permanent sign is not constructed in accordance with an approved permit within six months of the date of approval, such permit shall lapse. Permits on non-permanent signs lapse in accordance with the timeline identified on the permit. After 60 days, permits are required to maintain temporary signs, or more than a single temporary sign with a maximum of two renewals.

   9.   Assignment of Sign Permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises.

   1.   Any permanent sign that was in place and lawfully established on December 21, 1998, shall be considered as a legal nonconforming sign to the extent that such a sign does not comply with the provisions of this chapter. The cover of such sign may be changed from time to time, provided that the sign area shall not be enlarged or reduced beyond the sign area in existence on December 21, 1998.

   2.   Any nonconforming sign which presently is or becomes structurally damaged or deteriorated, or is altered by more than 50% of its replacement cost, shall be either removed or altered so as to comply with this chapter.

   3.   For business centers pre-existing on the effective date of this Zoning Code which do not conform to the total permitted sign area provisions of this chapter, individual signs may be replaced, modified, or substituted prior to December 31, 2004. Each new sign shall conform to the applicable regulations of this Zoning Code for individual signs and shall be installed so as to reduce the total amount of the nonconformance on the site.

 

P = Permitted for All Uses; P(C) = Permitted for Civic Uses Only; N = Not Permitted

 

P = Permitted for All Uses; P(C) = Permitted for Civic Uses Only; N = Not Permitted

The Maximum Permitted Area for all signs on a premises, excluding directional signs, building marker signs, and flags, shall not exceed the lesser of the following: