CHAPTER 165 ARTICLE 17 SIGNS AND AWNINGS REGULATIONS Section 1. INTENT. The intent of this Article is to promote the health, safety, prosperity, aesthetics and general welfare of the community by providing for regulation of the erection of signs and awnings and to provide to the administration and enforcement of the regulations established for such purpose. Section 2. DEFINITIONS. For purposes of this article, unless the context otherwise requires, the following definitions shall apply: 1. Sign: Any object or device, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to any object, person, institution, organization, business, business product, service, event or location by any means including words, letters, figures, designs, symbols, fixtures, color, motion, illumination, or projected images. Sign includes any billboard, freestanding sign, ground sign, wall sign, roof sign, projecting sign, portable sign and temporary sign. Sign does not include the following: Flags of nations, states and cities; objects or devices visible through windows; or works of art, except murals, which in no way identify a business, product or service. 2. Sign Face: The surface of a sign upon, against, or through which the message is displayed or illustrated. The face of a sign composed of separate characters or words attached directly to a building, wall or other surface shall be the smallest rectangle which encloses all of the characters or words. 3. Billboard: Shall mean any flat surface forty-eight ( 48 ) square feet or more in area, erected on a framework, or attached to posts, buildings or other structures, and used for the display of bills, posters or other advertising materials produced on paper sheets, cloth or other materials and posted, tacked, or fastened thereto. 4. Ground Sign: Shall mean any sign, the structure of which is erected upon or supported by the ground. 5. Roof Sign: Shall mean any sign placed on or above the roof of any building or structure. 6. Public Property: All real property owned by the City of Hampton or any state or federal public entity, or dedicated to public use, including the entire width of all public street and alley right-of-way. 7. Wall Sign: Shall mean any sign attached or erected against the wall of a building or other structure, with the exposed sign face in a plane parallel to the plane of said wall or structure, including signs painted directly on a wall. 80
8. Projecting Sign: A sign, other than a wall sign, which projects from and is supported by, fastened to, or suspended by a wall or a building or other structure. 9. Awning: Shall mean drop-awnings attached to buildings by means of removable metal frames. It shall also mean all metal and / or wood projections also referred to as canopies or marquees. 10. Area: Shall mean the display surface included within the framework of any sign and measured from the outside of the frame. 11. Street Line: Shall mean the place where the public sidewalk begins and the private property line ends. 12. Portable Sign: A free standing sign not permanently anchored or secured. All portable signs are temporary signs. 13. Temporary Sign: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials with or without frames, intended to be displayed for a limited period of time only. All temporary signs are portable signs. 14. Person: Any individual, firm, partnership, association, corporation or organization of any kind. 15. Enforcement Officer: The person designated by the City Council to monitor and enforce compliance with this article. 16. On-Premises Sign: A sign, the primary purpose of which is to identify and / or direct attention to an occupation, business, service, activity, product, campaign, or attraction manufactured, sold, or offered upon the premises where such sign is located. 17. Off-Premises Sign: A sign that is not an on-premises sign. 18. Home Occupation: An occupation or a profession conducted in a dwelling unit identified by the Zoning Ordinance and the City Code of Hampton. Section 3: Exemptions: The provisions and regulations of this article shall not apply to the following signs: 1. Real Estate: A real estate sign with a sign face not exceeding six ( 6 ) square feet in area which advertises the sale, rental or lease of any premises upon which the sign is located. Not more than one ( 1 ) sign shall be permitted per one-hundred feet of lot frontage. Special signs and entrance treatments to subdivisions shall be permitted, provided they are in keeping with the character of the area. 81
2. Professional: A professional name plate not exceeding two ( 2 ) square feet in area. 3. Special Events: A temporary sign advertising or promoting a special event or activity sponsored by a public, religious or non-profit organization and open to the general public; provided however, that all such signs be erected no more than thirty ( 30 ) days before the event and shall be removed no later than three ( 3 ) days after the end of the event. 4. Construction: Signs identifying the names of the architect, engineer, contractor or other individuals involved in the construction of a building or other project, and / or announcing the character of the building enterprise or the purpose for which the building is intended. Each sign shall have no more than two ( 2 ) sign faces, which shall not exceed twelve ( 12 ) feet in height measured from the ground. All signs shall be removed within one ( 1 ) month following the completion of construction. 5. Occupational: An occupational sign in a commercial district denoting only the name and occupation of a person engaged in such occupation on the premises on which the sign is located; provided that there shall be only one ( 1 ) such sign per premises under this exemption and shall have not more than two ( 2 ) sign faces, which shall be parallel to each other, and no sign shall exceed ten ( 10 ) square feet in area. 6. Memorial: A memorial sign or tablet, the name of a building and the date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. 7. Traffic: A traffic or other municipal or state sign, legal notice, railroad crossing sign, danger sign, and other temporary, emergency or non-advertising signs. 8. Public: Signs of a noncommercial nature and in the public interest, erected by or upon the order of public officials, such as safety signs, welcome signs, trespassing signs, memorial plaques, signs of historical interest, and all other similar signs, including signs designating public hospitals, libraries, schools, parks, airports, and other institutions or places of public interest or concern. 9. Political: Political campaign signs announcing or promoting candidates seeking public office or issues pertinent to a political election; provided that this exemption shall apply only to signs which are located on private property with the consent of the property owner and which are erected not more than thirty ( 30) days before the election to which they pertain and are removed not more than three ( 3 ) days after such election. 82
10. Seasonal Decorations: Signs pertaining to recognized national holidays and national observances. 11. Bulletin Boards: A bulletin board not over eight ( 8 ) square feet in area for public, charitable or religious institutions when the same are located on the premises of said institution. 12. Vehicular: Signs which are accessory to the use of any kind of vehicle if the sign is painted or attached directly to the body of the vehicle. 13. Indoors: Signs located within buildings, including signs visible through windows. 14. Directional: Signs notifying the public of the existence and / or location of local religious, charitable and civic organizations and their facilities. 15. Temporary: Temporary signs in residential zoning districts advertising garage sales, or similar activities and the sale of night crawlers; also, temporary signs of a commercial nature outside of the residential zoning districts, provided that no more than one ( 1 ) temporary sign is located on any such premises at any one time and that such sign does not remain on the premises for more than a total of thirty ( 30 ) days in any calendar year. 16. Residential Identifications: A sign with a single sign face not more than two ( 2 ) square feet in area identifying the street address and / or occupant of any residence. Section 4: SIGNS ON OR EXTENDING OVER PUBLIC PROPERTY. 1. Signs on Public Property: No sign or sign structure shall be erected, placed or maintained or public property with the prior approval of the Enforcement Officer, except for traffic and other public signs erected by or upon the order of public officials in the performance of their duties. The subsection shall not apply to signs not otherwise prohibited by this article, which extend over public property from adjoining structures to which they are attached. 2. Minimum Clearance Over Sidewalks: No awning, sign, or sign structure extending over a public sidewalk or any public property, other than the traveled portion of any street or alley, shall be less than eight ( 8 ) feet in height, measured from the ground to its lowest point. 3. Minimum Clearance Over Streets: No awning, sign, or sign structure extending over the traveled portion of any street or alley shall be less than sixteen ( 16 ) feet in height, measured from the ground to its lowest point. 83
4. Maximum Extension: No sign or sign structure shall extend more than six ( 6 ) feet into the airspace above a public sidewalk, street, alley, or any public property. 5. Construction and Maintenance: All signs and sign structures extending over any public property shall be securely fastened and constructed and maintained so that there is no unreasonable danger of collapse due to wind or other cause. Repairs shall be ordered at the discretion of the Enforcement Officer. 6. Visibility: No sign or sign structure extending over any public property shall obstruct the visibility or any traffic control device, otherwise interfere with the safe operation of motor vehicles, or encroach unnecessarily on the visibility of signage on other premises. Section 5. Off-Premises Sign Prohibited in Business and Residential Districts. The erection or maintenance of any off-premises sign is prohibited in Business and Residential Districts. Section 6: Maintenance. All signs and sign structures, together with all of their supports, braces, guys and anchors, shall be kept in good repair, in a proper state of preservation, and free from any conditions posing an unreasonable risk of harm to the public. The sign faces of all signs shall be kept neatly painted or posted at all times. Section 7: PROHIBITED SIGNS. The signs hereinafter designated shall be prohibited and it shall be unlawful for any person to erect or maintain any such sign: 1. Signs on Public Property: Any sign or sign structure located in whole or in part on any public property, except traffic and other public signs and signs specifically approved by the Enforcement Officer or public authority with jurisdiction over the property. 2. Billboards: Billboards erected in Business and Residential Districts. 3. Obstructions to Doors, Windows, and Fire Escapes: Any sign or sign structure erected, located, or maintained so as to prevent free ingress to or egress from any door, window or fire escape. 4. Audible Signs: Except for use by city officials, law enforcement, and emergency vehicles. 5. Traffic Hazards: Any sign or sign structure located in any place where, by reason of its position, shape, color or size, may interfere with, obstruct the view of, or be confused with any official traffic control device, or which makes use of the words, Stop, Look, Danger, or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic, except in the case of official traffic control devices. 84
6. Obsolete Signs: Any sign, together with its sign structure, that advertises an activity, business, product, or service which has not been conducted or offered on the premises on which the sign is located for sixty ( 60 ) days or more. 7. Abandoned Signs: Any sign or sign structure that has been abandoned and not used for sign purposes for sixty ( 60 ) days or more. 8. All Signs not specifically authorized by the ordinance are prohibited. Section 8. PERMITTED SIGNS. Subject to all other restrictions and prohibitions and the exemptions set forth in this article, only the signs specifically permitted in this section shall be lawful and no person shall erect, construct or maintain any sign or sign structure which is not authorized herein. All references to districts in this section shall mean the various zoning districts established under the City of Hampton Zoning Ordinance. Sign permits are required for signs permitted by this section. Signs Permitted in Residential Districts: 1. One ( 1 ) on-premises sign upon which is displayed the name of a religious institution, school, library, community center, or similar institution located on the premises and the announcement of its services or activities. Such sign shall have no more than two ( 2 ) sign faces, which shall be parallel to one another, and shall not exceed forty-eight ( 48 ) square feet in area per sign face. The sign shall be a free standing or wall sign. A free standing sign shall not be greater than six ( 6 ) feet in height measured from the ground. 2. If the premises includes a multiple dwelling complex containing eight ( 8 ) or more units or, includes a mobile home park containing ten ( 10 ) or more mobile home lots, one ( 1 ) on-premises identification sign is permitted. Such sign shall be free standing, and shall have no more than two ( 2 ) sign faces, which shall be parallel to one another, and shall not exceed twenty-four ( 24 ) square feet in area per sign face. 3. Except as otherwise provided, home occupation or professional signs in any residence district or in connection with any residential building in any other district shall not exceed two ( 2 ) square feet in area. Signs Permitted in All Other Districts: Any or all of the following signs shall be permitted on each premises which is not located in a Residential District: 1. One ( 1 ) on-premises free standing sign having no more than two ( 2 ) sign faces, which shall be parallel to one another, and shall not exceed one-hundred fortyfour ( 144 ) square feet in area per sign face. Such sign shall not be greater than thirty-six ( 36 ) feet in height measured from the ground, to the top of the sign. If premises has frontage on more than one street, one such sign shall be permitted for each frontage. 85
2. One ( 1 ) on-premises wall sign limited to ten percent ( 10% ) of the area of the wall upon which such sign is attached or displayed. 3. One ( 1 ) on-premises roof sign having no more than two ( 2 ) sign faces, which shall be parallel to one another, and shall not exceed one-hundred ( 100 ) square feet in area per sign face. Such sign shall not extend above the highest portion of the permanent roof or wall of a building or structure to which it is attached. 4. One ( 1 ) on-premises projecting sign having no more than two ( 2 ) sign faces, which shall be parallel to one another, and shall not exceed fifty ( 50 ) square feet in area per sign face. Such sign shall not extend above the top of the building or structure wall to which it is attached. 5. One ( 1 ) permanent window sign provided that no more than twenty-five percent ( 25% ) of the area of such window is so used. Section 9. ILLUMINATED SIGNS. Signs may be illuminated from within or with exterior lighting. The illumination of a sign shall not case a nuisance to nearby residents or be illuminated in a manner to cause a hazard to drivers of motor vehicles. Section 10. HISTORIC DISTRICT. The conditions listed below shall apply to all buildings and structures in a unique historic district of the city identified by the attached Exhibit A and incorporated herewith. 1. It is recognized that certain historic signs may provide local color, character, individuality, and a sense of place or orientation. Examples of these are ghost signs ( faded sign at least 50 years old ), landmark signs and / or mad up of materials that are no longer economically viable to produce or manufacture. These signs may be allowed upon application to the Enforcement Officer, who may consult with the Hampton Historical Preservation Commission ( HHPC ). Absent a HHPC, the Enforcement Officer may confer with local historians before approving a permit for such sign. 2. Movable awnings supported throughout on metal frames securely attached to the structure or building may extend over the sidewalk portion of public property a distance not to exceed two-thirds ( 2/3 ) of the width of the sidewalk space provided that minimum clearance over the sidewalk shall not be less than eight ( 8 ) feet in height, measured from the ground to its lowest point. Permanent canopies or marquees, except those already in existence at the time of passage of this ordinance, shall not be permitted. Section 11. PRE-EXISTING NONCONFORMING SIGNS. 1. All obsolete signs and abandoned signs must be removed within sixty ( 60 ) days of publication of this ordinance. The thirty ( 30 ) day time period for allowable 86
temporary signs and portable signs shall begin the day after publication of this ordinance. 2. All other signs that exist on the affective date of this article or any amendment hereto, which were lawful under all laws, including zoning laws in effect immediately prior to the effective date, but which would not be allowed under the terms of this article or any amendment, the use and maintenance of such sign may be continued for a period not to exceed twenty-four ( 24 ) months, at which time, nonconforming signs shall be brought in to compliance with the terms of this ordinance. 3. The following State permitted billboards, erected with the consent of the City of Hampton, Iowa, are hereby permitted to remain at their present locations and shall not be required to be removed under Section 11.2 of this ordinance; State permit numbers 35-5007, 35-5008, 35-5001 and 35-0002. 4. No nonconforming sign shall be enlarged, relocated or reconstructed following the effective date of this ordinance. 5. No sign shall be deemed to exist as of the effective date of this article unless it shall have been completely erected prior to said effective date. Section 12. PERMIT REQUIRED. Except as otherwise provided in this article, it shall be unlawful for any person to erect or relocate any sign without obtaining a sign permit form the Enforcement Officer and making payment of the permit fee. Minor repair, alterations, reconstruction and maintenance of existing conforming signs, and new signs approved by a valid permit and with applicable payments made, shall not require additional fees or permits, provided, after repair, alteration, reconstruction or maintenance, the sign continues to conform to the permit. Section 13. PERMIT APPLICATION AND ISSUANCE. 1. Application: Application for a sign permit shall be made to the Enforcement Officer on a form provided by the City and shall contain or have attached thereto the following information: Name, address and telephone number of the applicant. Location of building, structure, or lot to which or upon which the sign is to be attached or erected. A sketch indicating the position of the sign in relation to the lot lines, the buildings on the lot, and nearby buildings or structures. 87
A sketch of the proposed sign showing its dimensions and message, if any, together with a description of the materials from which it is to be made and its method of construction and attachment to the building or in the ground. The name and address of the person erecting the sign. Written consent of the owner of the building, structure or land on which the sign is to be erected or attached. A description of the nature or type of any illumination planned for the sign. Such other information as the Enforcement Officer shall require to indicate full compliance with this article and all other applicable ordinances of the City. 2. Permit Fee: A nonrefundable fee of $25.00 shall accompany each permit application. 3. Issuance: A sign permit shall be issued by the Enforcement Officer when the application and the investigation thereof indicates compliance by the applicant with all provisions of this article and any other applicable laws. Any conditions imposed pursuant to subsection 4 of this section shall be clearly stated in the permit. 4. Conditions: In issuing a sign permit, the Enforcement Officer may impose special conditions regarding a proposed sign. Such conditions may be imposed only when reasonably necessary for public safety reasons and may include special restrictions or requirements relating to size, height, clearance between the ground and the sign face and set back from a premises boundary or street line. 5. Rejection and Appeal: If the Enforcement Officer rejects the application, the reasons for such denial shall be given in writing to the applicant. Such notice of rejection shall also inform the applicant of the right to appeal the rejection to the City Board of Adjustment. If any application is denied or no action taken by the Enforcement Officer within a reasonable time, the applicant shall have the right to appeal to the City Board of Adjustment, and the Board of Adjustment may make a decision, or reverse the decision of the Enforcement Officer to grant a permit. The applicant shall have the same right of appeal concerning any special conditions imposed by the Enforcement Officer in issuing any sign permit. For appeals under section 10, Historic District, of this ordinance, the applicant and / or the Hampton Historic Preservation Committee shall have the right to appeal the decision of the Enforcement Officer to the Board of Adjustment. 6. Records: A careful and complete record of all permit applications and permits shall be maintained by the Enforcement Officer. 88
7. Validity: A sign permit is valid for one ( 1 ) year and, if the permitted sign is erected within that time, it shall remain valid until the sign is removed or until the permit is revoked, but no permit shall authorize the subsequent structural alteration or relocation of the sign for which it was issued. If the permitted sign is not erected with one ( 1 ) year of the date of issuance the permit shall expire and be deemed revoked. Section 14. PERMIT REVOCATION. If a sign permit has been issued for a sign and the sign is thereafter erected or maintained in violation of the terms of the permit or any other provision of this article, the Enforcement Officer shall, following notice to the permit holder or any subsequent owner of the sign and an opportunity for a hearing before the Board of Adjustment, revoke the permit. If a sign permit is issued and the sign is not erected, relocated or reconstructed as provided in the permit within one ( 1 ) year of the date of issuance, the permit shall be deemed automatically revoked without the necessity of notice, a hearing, or action by the Board of Adjustment. Section 15. ENFORCEMENT AND VIOLATIONS: 1. Enforcement Officer: The City Council shall designate an Enforcement Officer whose duty it shall be to inspect signs within the City of compliance with the requirements of this article. In the event any violations are found, the Enforcement Officer shall give written notice of the violation to the owner of the sign and demand removal or other corrective action with a reasonable amount of time. If the violation is not corrected with the time provided, the Enforcement Officer shall report the violation to the City Manager and City Attorney. 2. Violations: Any person who violates, disobeys, neglects or fails to comply with, or who resists the enforcement of, any of the provisions of this article or any of the terms and conditions of any sign permit shall be guilty of a municipal infraction. Each day that a violation exists or continues shall constitute a separate offense. 3. Prevention and Abatement of Violations: If any sign is erected, constructed, reconstructed, altered, repaired, converted, moved, maintained or used in violation of this article or of the terms and conditions of any sign permit, the City Attorney, at the direction of the City Manager, shall, in addition to all other remedies, institute any appropriate action or proceeding in any court to prevent such unlawful act or to restrain, correct or abate such violation. Section 16. VARIANCE. Any person may appeal the decision of the Enforcement Officer to the Board of Adjustment for a variance from the provisions of the sign regulations. 89