ORDINANCE NO. 14,118

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, as heretofore amended, by repealing subsection (p) of Section 134-1276 thereof, and enacting a new subsection (p) of Section 134-1276, to prohibit roof signs within the Entertainment Sign Overlay District.

BE IT ORDAINED by the City Council of the City of Des Moines, Iowa:

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, as amended by Ordinance No. 13,839 passed July 10, 2000, by Ordinance No. 13,863 passed September 25, 2000, and by Ordinance No. 13,889 passed November 20, 2000, be and is hereby amended by repealing subsection (p) of Section 134-1276 thereof, and enacting a new subsection (p) of Section 134-1276, to prohibit roof signs within the Entertainment Sign Overlay District, as follows:

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(p) Sign exceptions. The regulations applicable to signage in this chapter, including the district regulations, shall be subject to the following exceptions:

1) Interior signs. This chapter does not apply to any sign that is visible only from the premises upon which it is erected, such as on the walls of courts or malls in shopping centers.

2) Entertainment sign overlay district. The intent of the entertainment sign overlay district is to encourage signs that reflect the urban and entertainment character of the downtown entertainment area. It is not intended that this district be mapped outside the downtown area.

(a) The entertainment sign overlay district shall consist of the following street frontages, extending back a distance of one-half block:

i) Court Avenue from First Street to Fifth Street.

ii) Third Street from Court Avenue to Vine Street.

iii) Fifth Street from Court Avenue to Vine Street.

b) Within the entertainment sign overlay district, all identification and on-premises advertising sign types except freestanding pole signs, roof signs and portable signs, are permitted. Within the entertainment sign overlay district, sandwich board signs are also permitted for identification and on-premises advertising. Any number and size of identification and on-premises advertising signs are permitted, provided placement does not endanger public safety and the installation conforms with building codes. Off-premises advertising signs are allowed within the entertainment sign overlay district only as described as in subparagraph d), below. Within the entertainment sign overlay district, freestanding pole signs, roof signs and portable signs are not permitted.

c) Within the entertainment sign overlay district, all building or wall signs which project over the public rights-of-way shall be subject to the following limitations:

(1) Any such signs located on a one or two-story building, or located below the top of the second story of a building with more than two stories shall project no more than seven (7) feet from the building or one half the distance to the curb, whichever is less. Such projecting signs shall be not less than ten (10) feet from the ground in areas in which there is only pedestrian traffic and not less than fifteen (15) feet from the ground in areas in which there is vehicular traffic. Such projecting signs shall be not more than thirty (30) square feet in area per occupant of the first two floors and shall not extend more than four (4) feet above the roof line.

(2) Any such signs located above the top of the second story of a building with more than two stories shall project no more than seven (7) feet from the building, and shall have a total area per floor level of no more than thirty (30) square feet.

(3) Projecting signs may be anchored to the roof or building.

 

d) Freestanding off-premises advertising signs are not permitted within the entertainment sign overlay district. Wall-mounted off-premises advertising signs are permitted, provided they are no larger than 300 square feet and are located no closer than one hundred (100) feet from any other off-premises advertising sign.

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

Roger K. Brown, Assistant City Attorney