ORDINANCE NO. 14,362
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 Section
134-276 and subsection (p) of Section 134-1276 thereof, and by enacting a new
Section 134-276 and subsection (p) of Section 134-1276, creating a new
"PSO" Pedestrian Oriented Sign Overlay District and regulating the
size and type of signs allowed therein.
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, Ordinance No. 13,863
passed September 25, 2000, Ordinance No. 13,888 passed November 20, 2000,
Ordinance No. 13,961 passed June 18, 2001, and by Ordinance No. 14,293 passed
December 8, 2003, be and is hereby amended by repealing Section 134-276 and
subsection (p) of Section 134-1276 thereof, and by enacting a new Section
134-276 and subsection (p) of Section 134-1276, creating a new "PSO"
Pedestrian Oriented Sign Overlay District and regulating the size and type of
signs allowed therein, as follows:
Sec. 134-276.
Classifications.
In order to carry out the purpose
and intent of this chapter, the area of the city is divided into 29 zoning
district classifications and five overlay district classifications as follows:
|
Zoning Districts: |
|
|
A-1 |
Agricultural
district |
|
R1-60 |
One-family
low-density residential district |
|
R1-70 |
One-family
low-density residential district |
|
R1-80 |
One-family
residential district |
|
R1-90 |
Large
lot one-family residential district |
|
R-2 |
One-
and two-family residential district |
|
R-2A |
General
residential district |
|
R-3 |
Multiple-family
residential district |
|
R-4 |
Multiple-family
residential district |
|
R-5 |
Mobile
home residential district |
|
R-6 |
Planned
residential development district |
|
PUD |
Planned
unit development district |
|
PBP |
Planned
business park district |
|
R-HD |
Residential
historic district |
|
C-0 |
Commercial-residential
district |
|
C-1 |
Neighborhood
retail commercial district |
|
C-1A |
Neighborhood
commercial reuse district |
|
NPC |
Neighborhood
pedestrian commercial district |
|
C-2 |
General
retail and highway oriented commercial district |
|
C-3 |
Central
business district commercial district |
|
C-3A |
Central
business district support commercial district |
|
C-3R |
Central
business district mixed residential district |
|
D-R |
Downtown
riverfront district |
|
C-4 |
Shopping
center commercial district |
|
M-1 |
Light
industrial district |
|
M-2 |
Heavy
industrial district |
|
M-3 |
Limited
industrial district |
|
U-1 |
Floodplain
district |
|
FW |
Floodway
district |
|
Zoning Overlay
Districts: |
|
|
S-0 |
Study
overlay district |
|
CDO |
Capitol
dominance overlay district |
|
GGP |
Gambling
games prohibition overlay district |
|
ESO (§134-1276(p)(2)) |
Entertainment
sign overlay district |
|
PSO (§134-1276(p)(3)) |
Pedestrian
oriented sign overlay district |
Sec. 134-1276. General
regulations.
............................................
(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) ESO
Entertainment sign overlay district. The
intent of the ESO 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 ESO 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 ESO 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 ESO 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 ESO 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.
3) PSO Pedestrian oriented sign overlay
district. The intent of the PSO
pedestrian oriented sign overlay district is to encourage signs of a size and
orientation that reflect the pedestrian character of the Eastern Downtown Area
and any other areas that may be rezoned to the PSO district. Within the pedestrian oriented sign overlay
district, the sign regulations applicable to the underlying zoning district
shall apply, subject to the following modifications:
(a) The
following types of signs are prohibited in the PSO pedestrian oriented sign
overlay district:
(1) Pole signs and portable signs, except
sandwich board signs subject to paragraph (b) below.
(2) Type B signs, except type B signs that
are composed of separate, individual letters and logos.
(3) Type C signs, except type C signs that
are composed of exposed neon or inert gas tubes.
(4) Type D signs.
(5) Signs when used on a backlit canopy
covered with a translucent material.
The intent of this paragraph is to prevent the use of a translucent
canopy to create the appearance of a large internally illuminated sign
otherwise prohibited by sub-paragraph (2) above.
(6) Off-premises advertising signs.
(b) Within the PSO pedestrian oriented sign
overlay district one sandwich board sign shall be permitted per building tenant
for identification and on-premises advertising. Such signs shall comply with ingress and egress requirements
outlined in the city building code.
Sandwich board signs are permitted upon the sidewalks within the public
rights-of-way, subject to the following:
(1) Such
signs are permitted only during the hours the business is open to the public,
and must be located adjacent to the premises.
(2) Such signs shall be placed no closer
than two (2) feet, nor further than six (6) feet from the back of the street
curb.
(3) Such signs shall be no more than six (6)
square feet in area on each side, no more than three (3) feet in height, and no
more than two (2) feet in width.
(4) There shall be no electrical service to
such signs.
(c) Where
projecting signs are other wise allowed, the following minimum height
requirements shall apply in the PSO pedestrian oriented sign overlay district
in lieu of the minimum height requirements otherwise applicable. 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 twelve (12) feet from the ground in areas in which
there is vehicular traffic.
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
T. M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 04-1616), passed by the City Council of said City at a meeting held July 26, 2004 signed by the Mayor on July 26, 2004 and published as provided by law in the Business Record on August 9, 2004 Authorized by Publication Order No. 4370.
Diane Rauh, City Clerk