Page 45 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 45

DRAFT                                                                              134-5. SiGNS

                                                                                                           general


          134-5.1  General                                       appealing environment, to provide ample, meaningful
                                                                 opportunities for persons who desire to display
          5.1.1   PUrPOSe                                        information by means of a sign to have their information
          The sign regulations of this article are intended to   seen and understood, and to provide for the orderly and
          balance the following differing, and at times, competing   reasonable display of advertising and other messages
          goals:                                                 for the benefit of all persons.
          A.  To support the desired character of the city, as   5.2.3   These regulations do not apply to every form
             expressed in adopted plans, policies and regulations;  and instance of visual speech that may be displayed
          B.  To promote an attractive visual environment;       anywhere within the zoning jurisdiction of the city.
          c.  To accommodate the effective use of signs as a     Rather, they are intended to regulate those forms and
             means of identification and communication for       instances that are most likely to meaningfully affect one
             businesses, organizations and individuals;          or more of the purposes set forth in 134-5.1.1.
          D. To provide a means of way-finding for visitors and   5.2.4   These regulations do not entirely eliminate
             residents;                                          all of the harms that may be created by the
          e.  To prohibit signs of such excessive size and number   installation and display of signs. Rather, they strike an
             that they obscure one another to the detriment of   appropriate balance that preserves ample channels of
             the economic and social well-being of the city and its   communication by means of visual display while still
             residents, property owners and visitors;            reducing and mitigating the extent of the harms caused
          F.  To protect the public health, safety and welfare by   by signs.
             minimizing hazards for motorized and nonmotorized   5.2.5   Some signage has a single targeted function that
             traffic;                                            makes identifying such signs by name or description
          G. To minimize the possible adverse effects of signs on   difficult if not impossible without referring to the sign’s
             nearby public and private property; and             function. Whenever a sign is described, in part, by
          H. To provide broadly for the expression of individual   referring to the function it serves, the provisions of this
                                                                 section that limit such a sign are designed to be neutral
             opinions through the use of signs on private        with respect to the content of the speech appearing on
             property.                                           the subject sign.

          134-5.2  Findings                                      5.2.6   These regulations are neither intended nor

          In conjunction with the adoption of the regulations of   designed to restrict or control signs for the purpose of
                                                                 promoting or stifling any messages that might appear on
          this article and the purposes set forth in 134-5.1.1, the   them.
          city council makes all of the following findings:
                                                                 5.2.7   ScOPe AND APPlicABilitY
          5.2.1   unlike oral speech, signs may cause harm by    All signs on private property are subject to the
          taking up space, obstructing views, distracting motorists,   regulations of this article and all other applicable
          displacing alternative uses of land, and endangering the   provisions of this zoning ordinance. Signs in the public
          safety of persons or property. The city has a substantial   right-of-way are not subject to the regulations of this
          and compelling interest in all of the purposes set forth   article.
          above and has a substantial and compelling interest
          in regulating signs in a way that avoids or reduces the   5.2.8   cONteNt NeUtrAlitY
          harms caused by signs.
                                                                 A.  Any sign allowed under this article may contain,
          5.2.2   Regulation of the size, height, number and        in lieu of any other message or copy, any lawful
          spacing of signs throughout the city is necessary to      noncommercial message that does not direct
          protect the public safety, to assure compatibility of     attention to a business operated for profit, or to a
          signs with surrounding land uses, to enhance the          product, commodity or service for sale or lease, or
          business and economy of the city, to protect the          to any other commercial interest or activity, as long
          public investment in the streets and highways, to         as the sign complies with all size, height, location and
          maintain the tranquil environment of residential areas,   other applicable requirements of this article.
          to promote industry and commerce, to eliminate         B.  The purpose of this “content neutrality” provision
          visual clutter and blight, to provide an aesthetically    is to avoid any inadvertent favoring of commercial




          CITY OF DES MOINES CHAPTER 134: ZONING DRAFT                                                      134-5-3
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