[Ord. No. 1610, 9-25-2018]
A.Â
Purpose. The provisions of this Chapter shall govern the erection
of all Signs and Flags, together with their appurtenant and auxiliary
devices, in respect to size, color, location, and structural and fire
safety. The City has promoted and preserved its character by systematically
adopting and updating its zoning regulations. As a result, the purpose
of this Chapter is to allow a Property Owner the ability to make use
of its property for free expression without any content based limitations
but in a manner designed to avoid the visual clutter that is harmful
to traffic and pedestrian safety, property values, business opportunities
and community appearances.
B.Â
Findings. The Board hereby finds that:
1.Â
Sign regulations may impact First Amendment rights and that
these rights are important constitutional rights that must be protected.
2.Â
Unregulated signage has direct and secondary effects that are
harmful to the safety and general welfare of the City as a whole and
to its individual citizens.
3.Â
These direct and secondary effects result from the visual clutter
that occurs as a result of the unregulated installation and lack of
maintenance of Signs.
4.Â
These direct and secondary effects include harm to traffic and
pedestrians' safety, depreciation of property values within the City,
decreased business opportunities for individual and business residents
of the City (resulting in decreased sales, property and other tax
revenues that are necessary to provide an adequate level of public
service to City residents), community blight and an overall less pleasing
community appearance.
5.Â
Residents are virtually captive audiences of Signs displayed
by neighbors; Signs are an intrusion into residential privacy and
interfere with the enjoyment of a resident's property because the
view from the resident's property may become so marred by the clutter
of Signs that the resident cannot successfully avoid observing the
Sign clutter.
6.Â
Because of these direct and secondary effects, the City has
a compelling interest in regulating Signs within the City.
7.Â
These regulations are content-neutral and place restrictions
that directly advance the City's stated interests.
8.Â
To the extent that any provisions of these regulations are content-based,
they are intended to further compelling governmental interests.
9.Â
A primary and compelling interest of the City is to allow Property
Owners to post Public Interest Signs to protect the safety of others
and to allow all Persons to comply with legal requirements imposed
by law or by order of a court requiring the posting of notices, without
being subject to regulation.
10.Â
The scope of these regulations is proportionate to the interests
served and narrowly tailored to achieve the desired objective.
11.Â
A direct nexus exists between the desired City's goals and the
means chosen in these regulations to achieve its desired goals.
C.Â
Scope.
1.Â
Classifications. Regulations in the Sign Code are classified by use, and the definitions in Section 530.030 shall govern with regards to the type of use.
2.Â
Building Code Applicable. In the absence from this Chapter of
specifications governing details of Sign construction, the standards
listed in the applicable Building Code shall apply.
3.Â
Government Signs. This Chapter recognizes that Government Signs
are government speech intended to ensure public safety.
[Ord. No. 1610, 9-25-2018]
A.Â
The
following principles shall control the computation of Sign Face and
Sign Height:
1.Â
Computation Of Sign Face Of Individual Signs. The area of a
Sign Face shall be computed by measuring the area of the smallest
square, rectangle, triangle or combination thereof that will encompass
the extreme limits of the writing, representation, emblem or other
display, together with any material or color forming an integral part
of the background of the Sign or used to differentiate the Sign from
the back drop or Sign Structure against which it is placed, but not
including the Sign Structure or wall that is clearly incidental to
the display itself.
2.Â
Computation Of Multi-Face Signs.
a.Â
A Double-Faced Sign shall be considered one (1) Sign. Provided,
however, to the extent a Double-Faced Temporary Sign has Sign Faces
that are not identical, each Sign Face shall be considered a separate
Sign and the area shall be computed by adding together the area of
each non-identical Sign Face.
b.Â
The Sign Area for a Sign with more than two (2) Sign Faces shall
be computed by adding together the area of all Sign Faces on the Sign.
3.Â
Computation Of Height. The height of a Sign shall be computed
as the distance from the base of the Sign Structure at normal grade
to the top of the highest attached component of the Sign. Sign height
of a Wall Sign shall be computed as the distance from the base of
the Sign to the top of the Sign. Normal grade shall be construed to
be the lowest of: (a) existing grade prior to construction, or (b)
the newly established grade, after construction, exclusive of any
filling, berming, mounding, or excavating solely for the purpose of
locating the Sign. In cases in which normal grade cannot reasonably
be determined, Sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the Sign is equal
to the elevation of the nearest point of the crown of a public street
or the grade of the land at the principal entrance to the principal
Structure on the zoned Lot, whichever is lower.
4.Â
Computation Of Wall Size. For purpose of measuring the percentage
of a wall that a Wall Sign comprises, the wall is measured as the
width of the storefront times its height.
[Ord. No. 1610, 9-25-2018]
For the purpose of this Chapter, certain words and terms are
defined as follows:
Any Sign that was once an On-Premises Sign but has become
an Off-Premises Sign because the business owner of the Sign has ceased
its operations on the Lot where the Sign is located.
Any structure entirely supported by the wall to which it
is attached and which has a frame covered by canvas, cloth or other
similar temporary material and/or which can be retracted or rolled
to the structure by which it is supported.
An inflatable balloon of any size. Balloon Signs are "FLUTTERING
SIGNS."
A Sign other than a Flag that is made of lightweight material
either enclosed or not enclosed in a rigid frame and secured or mounted
to allow motion caused by the atmosphere. This definition includes
pennants, ribbons, streamers, spinners, or other similarly moving
devices.
A Sign that generally directs attention to a business, product,
commodity, service or entertainment conducted, sold or offered at
a location other than the Premises on which the Sign is located.
A Sign where the entire Sign Surface is illuminated from
an internal lighting source.
A Sign located over the entry door, perpendicular to pedestrian
traffic or on the entry door or window to a business.
Any structure attached to a building at the inner end and
supported on the outer end.
A device designed to have a Message displayed which can only
be changed or rearranged manually.
The City of Warson Woods, Missouri.
A Sign located at the entrance and exit of a Lot.
A powered, illuminated device designed to have a Message
displayed, changed and/or rearranged instantaneously via remote control,
an onboard central processing unit or some other mechanical means.
To build, construct, attach, hang, rehang, place, affix or
relocate, including the painting and repainting of Permanent Window
Signs.
A generally rectangular piece of fabric of distinctive design
traditionally raised on a Flagpole.
A pole mounted to the ground and used for flying a Flag.
An Illuminated Sign on which artificial or reflected light
is not steady or on which colors change (and which is not a traffic
Sign).
A Sign which flutters or is made of flexible materials which
move with the wind or by some other artificial means, including, but
not limited to, pennants, Banners, Balloons, whirligigs, streamers
and Flags.
The length of the Lot along the street side. The front of
a Lot bordering more than one (1) street is considered separate for
each street.
A Sign that is constructed, placed or maintained by the Federal,
State or local government or a Sign that is required to be constructed,
placed or maintained by the Federal, State or local government either
directly or to enforce or protect a Property Owner's rights.
A hand-painted work that is either affixed to or painted
directly on the exterior wall of a surface without the permission
of the Property Owner.
A display for decorative purposes during any nationally recognized
holiday period.
Any Sign which is illuminated by light sources mounted on
or in the Sign or at some other location.
A parcel, tract, plot or area of land accessible by means
of a street or other permanently reserved principal means of access.
It may be a single parcel separately described in a deed or plat which
is recorded in the office of the County Recorder of Deeds, or it may
include parts of or a combination of such parcels when adjacent to
one (1) another and used as one (1).
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
A Sign attached to or illustrated on the generally vertical
plane of a Marquee, Canopy or awning, respectively. These are considered
to be Wall Signs. Also known as Canopy or awning Signs.
A text, image, or combination thereof meant to be comprehended
as a whole by the viewer. Each simple concept shall be deemed a separate
Message. A Message can either be a static display or a display that,
not fitting onto the screen all at once, is broken into parts which
appear sequentially, appearing on or scrolling across the screen.
Electronic Changeable Message Display are capable of changeable Messages.
A Sign having the appearance of a solid base of landscape
construction materials such as masonry, stucco, stonework, textured
wood, tile, anodized metal or textured concrete materials. The base
of a Monument Sign shall be architectural in nature, with a concealed
means of support, and utilize materials consistent with the design
of the building in which it is associated.
A Sign, all or any part of which moves or is so designed
or constructed as to facilitate movement of all or any portion thereof
by means of any mechanical, electric, pneumatic, hydraulic or other
natural or artificial force. These types of Signs are prohibited.
A building housing more than three (3) tenants, with separate
entrances, more than fifty percent (50%) of which building is used
for the retail sales of products or in which building more than fifty
percent (50%) of the tenants are engaged in the retail sales of product.
Any Sign lawfully in use (advertising a business that was
conducted or a product sold on the Premises or Lot) at the time of
passage of this Chapter or amendments thereto that does not conform
after the passage of this Chapter or amendments thereto with the Sign
regulations of the district in which it is situated or with these
Sign regulations generally.
Commercial speech in the form of a Permanent Sign that does
not relate to a use of the real property on which it is located.
Commercial speech in the form of a Permanent Sign that relates
to a use of the real property on which it is located.
A form of non-commercial speech wherein a hand-painted work
of visual art is either affixed to or painted directly on the exterior
wall of a Structure with the permission of the Property Owner. An
Original Art Display does not include: mechanically produced or computer
generated prints or images, including but not limited to digitally
printed vinyl; electrical or mechanical components; or Changeable
Message Display.
A sign firmly attached to the ground, wall or other portion
of a building and not designed or intended to be readily removed or
relocated or a sign that is intended to be displayed for an unlimited
duration. For purposes of this Chapter, "permanent" shall include
signs intended for display or actually displayed for more than nine
(9) months.
A Sign that is permanently affixed to either side of the
glass of an exterior door or window. For the purpose of this Chapter,
a "glass brick wall" shall be deemed a window.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Any detached Sign located on the same Lot or parcel as the
use it advertises which is supported by one (1) or more stationary
poles or other Sign Supports longer than two (2) feet above the mean
grade line of the ground at its base.
A Sign designed to be moved about from one (1) place to another
rather than set in or fixed to the ground or other. This includes
Signs placed on trucks, trailers or other transportable devices. A
truck or trailer or other vehicle with advertising Signs painted on
the sides or rear and parked in a conspicuous location will be considered
a Portable Sign.
That portion of a Lot or building occupied by a single occupant,
exclusive of common area, if any, shared with adjacent occupants.
Any Sign which projects more than fifteen (15) inches beyond
the plane of the wall on which the Sign is erected or attached.
An individual or entity who has the right to possess, use,
and convey the property, Premises, building, Sign or Sign Structure.
For the purposes of this Chapter, the tenant of a property or Premises
is considered the Property Owner as to the property the tenant holds
a right to use exclusive of others (or the sole right to occupy).
If there are multiple tenants of a property or Premises, then each
tenant shall have the same rights and duties as the Property Owner
as to the property or Premises the tenant leases and has the sole
right to occupy, and the size of the property or Premises shall be
deemed to be the property that the tenant has the sole right to occupy
under the lease.
Any use wherein individuals or families utilize single-family,
two-family and Multi-Family Complex for private housing purposes.
Signs required or permitted by law.
Any Sign erected on a roof but excluding Marquee and Canopy
Signs and excluding wall or Projecting Signs which do not project
greater than twenty-four (24) inches above a parapet wall. The generally
vertical plane of a mansard type roof shall be interpreted as the
same as a wall of a building. Roof Signs are prohibited.
A Shopping Center is a group of retail stores, planned and
developed for the site upon which they are built and owned or managed
as a unit and designated as such by filing in the office of the City
Clerk a declaration showing the legal boundaries of such center and
listing the name and address of the owner and manager thereof.
Generally, a triangular-shaped portion of land at a street
intersection in which nothing shall be erected, placed, planted or
allowed to grow in such a manner as to materially impede, limit or
obstruct the sight distance or vision of motorists entering or leaving
the intersection.
 |
A name, identification, description, display or illustration,
which is affixed to, painted or represented directly or indirectly
upon a building, or other outdoor surface which directs attention
to or is designed or intended to direct attention to the Sign Face
or to an object, product, place, activity, Person, institution, organization
or business. Signs located completely within an enclosed building,
and not exposed to view from a street or sidewalk, shall not be considered
a Sign. A Flag shall not be considered a Sign. This definition includes
Holiday Displays.
The area of the Sign Face. If a Sign is attached to a building
or suspended in any manner whereby there is no apparent trim or confining
border, the Sign Area shall be computed by drawing an imaginary straight
line around a generally rectangular margin and measuring the area
so encompassed by these lines.
Any surface of a Sign upon, against or through which the
advertising Message is displayed or illustrated, including Structural
Trim, which displays or upon which is displayed any color, Message
(including any informational or letter-board portion), name or symbol
of any kind for the purpose of advertising, announcing, directing
or attracting attention from Persons located outside of a building
and which can be seen from a single location on an adjacent street
provided that the ends or thickness of a Sign shall not be counted
as a separate Sign Face unless an advertising Message is conveyed
thereon.
The Sign and all parts associated with its construction including
the Sign Supports and the Sign facing or surface.
All structures by which a Sign is held up, including, for
example, poles, braces, guys and anchors.
A Sign with two (2) Sign Faces of the same shape designed
to be seen from two (2) opposite directions, supported on the same
support, and at the same elevation.
The entire area within a square, circle, rectangle, triangle
or combination thereof that encompasses the extreme limits of the
writing, representation, emblem, or other display, together with any
material or color forming an integral part of the background of the
display or used to differentiate the Sign from the backdrop or Structure
against which it is placed, but not including the Sign Structure or
wall that is clearly incidental to the display itself.
Any Sign affixed or attached to the ground or a Structure
and which cannot be removed without special handling. Any Sign type
that is not a Temporary Sign is deemed a Permanent Sign and shall
be governed by the regulations for Permanent Signs.
A cloth Sign stretched across and above a City street.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the Sign Structure.
A non-Permanent Sign constructed of paper, cloth, canvas,
plastic sheet, vinyl, cardboard, fiberboard, plywood or other like
materials and that by design, installation, materials and/or appearance
is intended to be displayed for a limited or intermittent period of
display. For purposes of this Chapter, "temporary" shall mean nine
(9) months or less.
Any Sign erected or attached against the wall of any building
with the plane of the face parallel to the plane of the wall below
the roof line. Any Wall Sign projecting more than fifteen (15) inches
from the wall is prohibited as a Projecting Sign.
[Ord. No. 1610, 9-25-2018]
A.Â
Notwithstanding anything else in this Chapter or the City Code, the
following restrictions shall govern all Signs displayed in the City:
1.Â
Code Compliance. Signs may only be displayed in accordance with
this Chapter.
2.Â
Maintained. All Signs shall be of sound structural quality,
be maintained in good repair and condition, have a clean and neat
appearance and, as appropriate, abide by all Building, Electrical
and other Codes.
3.Â
Substitution. For any Sign authorized in any zoning district,
a non-commercial Message may be substituted for any allowed commercial
Message or any other allowed Non-commercial Message, provided that
the Sign is legal without consideration of Message content. If the
Sign is one (1) for which no Sign permit is required, the Message
substitution may be made without additional approval. The purpose
of this provision is to prevent inadvertent favoring of commercial
speech over non-commercial speech or favoring of any particular non-commercial
Message over any other non-commercial Message. This provision does
not allow for the substitution of an Off-Premise commercial Message
in place of an On-Premise commercial Message.
4.Â
Location. No Flag or Sign shall be permitted or displayed:
a.Â
In the public right-of-way, or other City property, except as
expressly provided for by this Chapter or other City ordinance.
b.Â
So that its location might obstruct the view of, or be confused
with any street markers, traffic Signs or signals or other regulatory
devices or warnings or any other Signs erected by any governmental
body or agency.
c.Â
So that it is located within a Sight Triangle or interferes
with the view reasonably necessary for motorists to proceed safely
through streets and intersections, or to enter or exit from public
or private streets.
5.Â
Temporary Signs. Unless otherwise provided for specific uses,
Temporary Signs shall not:
a.Â
Exceed three (3) feet in height on any property.
b.Â
Be placed on any utility pole, street light pole, tree, fence
or similar object.
c.Â
Exceed the applicable size limits for the use category.
d.Â
Fail to be secured or mounted so as to allow movement or motion.
e.Â
Be affixed to any wall of a building unless attached as required
with a Permanent Sign (including issuance of a permit) and unless
securely attached so as to be flush at all points to the building
surface.
6.Â
Permanent Sign Materials. All Permanent Signs shall be constructed
of durable, outdoor and weather-appropriate materials and shall not
have as their primary composition impermanent materials such as paper,
cloth, canvas, plastic, plastic sheet, vinyl, cardboard, fiberboard,
plywood or other like materials.
7.Â
Wall Signs. Wall Signs shall be attached firmly to the building,
parallel with and adjacent to the wall, in which the Wall Sign is
attached.
8.Â
Changeable Message Displays. CMDs and eCMDs shall only be permitted
in the form of a Monument Sign (and only where and as permitted by
this Code).
9.Â
Original Art Displays. Original Art Displays are allowed provided
that they meet the following requirements:
[Ord. No. 1610, 9-25-2018]
A.Â
All Zoning Districts.
1.Â
Permitted Graphics. The following graphics are permitted in
every district as established by the City's Zoning Code:
a.Â
Government Signs.
b.Â
Required Signs.
c.Â
Traffic control devices on private or public property provided
such complies with the Manual on Uniform Traffic Control Devices[1].
[1]
Comment: The Federal Highway Administration has established
uniform standards for Signs that regulate traffic or that are erected
and maintained within road rights-of-way or adjacent property. These
uniform standards are intended to be used by owners of private property
that is open to the public to reduce confusion and limit the risk
of accident. While these regulations are content specific, they serve
an extraordinarily important public function.
d.Â
Any Sign necessary for public safety erected by utility companies
within their respective easements.
e.Â
Holiday Displays provided that said display does not traverse
any public right-of-way, or create any traffic problem, congestion
or safety hazard.
f.Â
Flags.
g.Â
Temporary Signs.
h.Â
Business Signs.
i.Â
Street Banners.
2.Â
Signs are prohibited unless constructed pursuant to a valid
building permit and electrical permit when required under the City
Code and authorized under this Chapter. Except as is otherwise set
forth in this Sign Code, in all of the City's zoning districts the
following signs shall be prohibited:
a.Â
Signs of a size, location, movement, coloring, or manner of
illumination which may be confused with or construed as a traffic
control device or which hide from view any traffic or street Sign
or signal.
b.Â
Flashing Signs, except for Holiday Displays as permitted pursuant
to this Chapter.
c.Â
Graffiti.
d.Â
Vehicle Signs located within one hundred fifty (150) feet of
a public right-of-way.
e.Â
Moving Signs.
f.Â
Roof Signs.
g.Â
Signs that are in disrepair or hazardous.
h.Â
Projecting Signs.
B.Â
C.Â
"A" And "B" Residential Zoning Districts.
1.Â
Except as otherwise set forth in this Sign Code, the following
Signs shall be prohibited in the City's "A" and "B" Residential Districts:
a.Â
Flashing lights, neon lights or those that appear to move (except
Holiday Signs).
b.Â
Moving Signs.
c.Â
Roof Signs.
d.Â
Signs on public street right-of-way (other than public notices).
e.Â
Signs that are in disrepair or hazardous.
f.Â
Signs directly painted on any wall or any wall of any structure.
g.Â
Off-Premises Signs.
[Ord. No. 1610, 9-25-2018]
A.Â
All Districts.
1.Â
Portable Signs And Special Promotion Signs Or Banners.
a.Â
Portable Signs Are prohibited.
b.Â
Banners are allowed only where stores front on a parking lot.
Each group of stores facing a common street is allowed one (1) Sign.
Each individual store is allowed to use such a Sign five (5) times
per year and each use is not to exceed fourteen (14) days. Banners
are not to exceed thirty (30) square feet per face. Banners shall
not be counted as part of the allowable Sign Area for the Premises.
Authorization for all Sign Banners must be secured from the Building
Commissioner.
2.Â
Required Signs. Required Signs are permitted subject to the
following standards:
a.Â
The Sign Face of the Required Sign shall not exceed four (4)
square feet.
b.Â
The height of the Required Sign shall not exceed three and one-half
(3Â 1/2) feet for ground or fence mount, and six (6) feet for
wall mount.
c.Â
Four (4) Required Signs are permitted per Lot but not more than
one (1) Required Sign may be displayed per each Lot side.
d.Â
Required Signs shall be ground, wall or fence mounted.
3.Â
Street Banners. Street Banners may be authorized only by the
City Clerk. Approval may be given by the City Clerk for displays for
periods up to thirty (30) days. Requests must be made six (6) weeks
in advance and must include evidence of public liability insurance
carried by the requesting organization and details of construction
and support. Street Banners shall be at least sixteen (16) feet above
the pavement and securely fastened. Street Banners may be ordered
removed by the City Clerk if, in his/her judgment, they are, or become,
unsafe or a public nuisance. Street Banners may not exceed dimensions
of two (2) feet by thirty (30) feet per face.
4.Â
Signs To Be Removed From Premises. Any Abandoned Sign, together
with its supports, braces and anchors ("related structures"), shall
be removed by the owner or operator of such business within thirty
(30) days after the cessation of such operations. If such Sign and
related structures are not removed within such thirty-day period,
the Mayor or City Attorney may issue a notice to the last known owner
or operator of such business, as shown by the last business license
issued by the City for the operation of such business, directing that
such Sign and related structures be removed within ten (10) days of
the delivery of such notice. A copy of such notice shall be sent to
the owner of the land on which such Sign is located. If such Sign
and related structures are not removed within such ten-day period,
the Sign and related structures may be removed by the City and the
costs of such removal shall be assessed to the last known owner or
operator of such business. If the last known owner or operator of
such business does not pay such costs to the City within thirty (30)
days after a statement therefor has been sent to such owner or operator
by the City, the owner of the land on which such Sign was located
shall be liable for the payment of such costs. Any notice or statement
sent by the City to the last known owner or operator of such business
and the owner of the land on which such Sign is located shall include
a copy of this Chapter and shall be delivered by any courier service
operating in St. Louis County with a certification as to date of delivery
to the addressee or by sending of a certified letter, return receipt
requested, utilizing the U.S. Postal Service.
5.Â
Non-Conforming Signs. All Signs in violation of the provisions
of this Chapter shall be removed or brought into conformity with all
requirements whenever the occupant of the Premises or the owner of
the Sign is changed or when any part of a Non-Conforming Sign, is
changed, altered or removed. All Non-Conforming Signs must be removed,
changed or altered to conform to the provisions of this Chapter.
6.Â
Traffic Control Signs. Traffic control Signs identifying or
directing traffic to entrances or exits of parking areas shall not,
in a Shopping Center or abutting a Federally designated highway, exceed
twelve (12) square feet of surface area per face. In other areas,
no such Sign shall exceed six (6) square feet of surface per face.
Such traffic control Signs shall not be included in the calculated
permitted Sign Area.
7.Â
Maintenance Of Signs. All Signs, together with their supports,
braces and anchors, shall be maintained in such a manner to assure
at all times substantially the same safety and appearance factors
of the original design.
8.Â
Places Of Public Assembly.
a.Â
Places of Public Assembly, as defined in Section 400.020 of the Warson Woods Municipal Code shall be permitted a maximum of two (2) Permanent Signs (Wall Signs and/or Monument Signs are permitted) per Lot, subject to the following standards:
(2)Â
Monument Signs.
(a)Â
One (1) Monument Sign is permitted per Lot.
(b)Â
A Monument Sign shall not exceed:
(i)Â
Six (6) feet in height (inclusive of base and supports);
(ii)Â
Eight (8) feet maximum in length; and
(iii)Â
Twenty-four (24) inches in width.
(iv)Â
Must have the appearance of a solid base of landscape
construction materials such as masonry, stucco, stonework, textured
wood, tile, anodized metal or textured concrete materials.
(v)Â
The base must be architectural in nature, with
a concealed means of support, and utilize materials consistent with
the design of the building with which it is associated.
(vi)Â
Monument Signs must be outside the applicable
Sight Triangle.
(c)Â
The Monument Sign may have a Changeable Message
Display or Electronic Changeable Message Display subject to the following
standards:
(i)Â
The Sign Face (panel) of the CMD or eCMD must not
exceed twenty-eight (28) square feet.
(iii)Â
The Monument Sign's static graphic or text (non-CMD/eCMD
panel portion of the sign) must not exceed twenty-four (24) inches
in height.
(iv)Â
Illumination of eCMD must cease at 10:00 P.M.
(static, non-eCMD portion of sign may remain lit).
(v)Â
Illumination of CMD panels may remain lit overnight.
b.Â
Flags And Flagpoles. Flags and Flagpoles are permitted subject
to the following standards:
(1)Â
A Flag shall not exceed twenty-four (24) square
feet in size.
(2)Â
Each Property Owner shall have no more than three
(3) Flags on display at any given time.
(3)Â
Each Property Owner may have one (1) Flagpole not
to exceed twenty-five (25) feet in height.
(4)Â
Such Flagpole shall be ground-mounted and may be
located anywhere on the Premises, except within ten (10) feet of any
property line.
c.Â
Temporary signage for Places of Public Assembly shall be governed
by the applicable District regulations for Temporary Signs.
B.Â
Commercial Corridor District.
1.Â
Paper Posters And Billboards. Billboards and paper posters applied
directly to the wall or buildings or pole or other support are prohibited.
Temporary Signs or paper posters may be displayed in or attached to
the inside of show or display windows, provided the total Sign Area
does not exceed fifty percent (50%) of each show or display window
area. Signs or devices which, by color, location or design, resemble
or conflict with traffic control devices are prohibited. Such Temporary
Signs or paper posters, as allowed, must be dated at time of posting
and must be removed at the end of thirty (30) days.
2.Â
Aesthetic Requirements Of The Manchester Road Corridor Urban
Design Plan.
a.Â
Unless otherwise noted in this Section, all background colors
used on Signs shall match or be compatible with primary accent colors
used on building elevations and shall be approved by the City.
b.Â
Signs may not be externally illuminated.
c.Â
All tenants shall install one (1) address Sign (numbers only)
with numbers not exceeding eighteen (18) inches in height adjacent
to the main tenant or building entrance if not included on a Monument
Sign identifying the parcel. Materials and colors shall be the same
as those used in the parking, direction and information signage (see
below). Address Signs need not be illuminated but shall be highly
visible for emergency use as well as visitors.
3.Â
Monument Signs. Monument Signs are permitted subject to the
following standards:
a.Â
Monument Signs shall have an six (6) feet maximum height (inclusive
of base), eight (8) feet maximum length and twenty-four (24) inch
maximum width.
b.Â
Monument Signs shall have a brick masonry or stone base that
matches the primary finish material used in the project building elevation.
The base of the Sign shall be twenty-four (24) inches in height (Figure
1, below).
c.Â
A Monument Sign's graphic or text shall be not more than twenty-four
(24) inches in height.
d.Â
Monument Signs shall be no closer than ten (10) feet from any
side Lot line and outside the Sight Triangle.
e.Â
Shopping Centers/Multi-Tenant Retail Buildings. The Monument
Sign shall be located within the middle fifty percent (50%) of the
aggregate street Frontage. (Figure 1, below)
 |
4.Â
Wall Signs. Wall Signs are permitted subject to the following
standards:
a.Â
Number. One (1) Wall Sign is permitted per Lot unless the Lot
has a Multi-Tenant Retail Building, then one (1) Wall Sign is permitted
per tenant or owner on the building front.
(1)Â
Notwithstanding Subsection (B)(4)(a) above, in the case of a tenant space or retail bay in a Multi-Tenant Retail Building that has more than one (1) customer entrance which faces an abutting, but different, public street, then in addition to a primary Wall Sign, the tenant of the retail space with the additional customer entrance shall be entitled to one (1) secondary Wall Sign over such customer entrance which faces a public street, for a maximum of two (2) Wall Signs.
For the purpose of this Section:
CUSTOMER ENTRANCE — An entrance to a retail establishment
that is regularly open to and used by the public as a means to access
the retail establishment; it does not include employee or service
entrances.
PRIMARY WALL SIGN — The Sign on the wall of a Multi-Tenant
Retail Building above the door facing Manchester Road.
SECONDARY WALL SIGN — The Sign on the wall of a Multi-Tenant
Retail Building that faces a public street other than Manchester Road
on a wall containing a customer entrance.
b.Â
Area. The Sign Face of a Walls Sign shall not exceed five percent
(5%) of the individual storefront profile (i.e., storefront width
multiplied by height).
(1)Â
If a tenant or owner in a Multi-Tenant Retail Building
meets the requirements for, and chooses to have, a primary and secondary
Wall Sign, the primary Sign's area shall be no greater than five percent
(5%) of the area of the store front and the secondary Wall Sign's
area shall be no greater than sixty percent (60%) of the Sign Area
of the primary Wall Sign.
c.Â
Height. The maximum height of Wall Signs shall be eighty percent
(80%) of storefront width. The Maximum letter height for such Signs
shall be twenty-eight (28) inches.
(1)Â
If a tenant or owner in a Multi-Tenant Retail Building
meets the requirements and chooses to have a primary and secondary
Wall Sign, the primary Wall Sign shall not have a height greater than
eighty percent (80%) of the width of the store front with a maximum
letter height of twenty-eight (28) inches and the secondary Wall Sign's
height shall exceed sixty-seven percent (67%) of the lettering height
of the primary Sign.
(2)Â
Letters shall not overlap either top or bottom
edge of the building fascia or any trim board and must be a minimum
of three (3) inches from either of these edges. However, stores that
exceed thirteen thousand (13,000) square feet may have a maximum letter
height of five (5) feet and stores that exceed seventy thousand (70,000)
square feet may have a maximum letter height of seven (7) feet.
d.Â
Location. Wall Signs shall be located on the store-front or,
in the case of a Multi-Tenant Retail Building that has more than one
(1) customer entrance which faces a different public street, then
over such entrance which faces a public street.
5.Â
Additional Signage. In addition to the Monument Sign guidelines
above, building signage for tenants shall adhere to the following
criteria:
a.Â
No Wall Sign shall extend beyond the building more than fifteen (15) inches. No Wall Sign shall be so erected as to cover the doors or windows of any building or otherwise prevent free ingress or egress to or from any window, door or any fire escape of any building. When a wall of a building which houses a business faces a parking lot but not a street, there may be a Wall Sign on such wall not exceeding six (6) square feet in area. Said Wall Sign shall not be included in the calculation of the area under Section 530.060, Subsection (B)(4).
b.Â
Generally, where two (2) or more tenants rent a single building,
the area of Signs of each tenant shall be in proportion to the space
that each tenant occupies in said building.
c.Â
Letters and/or Signs shall not overlap either top or bottom
edge of the building fascia or any trim board and must be a minimum
of three (3) inches from either of these edges.
d.Â
Notwithstanding anything to the contrary in this Chapter 530, any tenant in a Multi-Tenant Retail building ("building"), the side of which building abuts directly to Manchester Road but the front of which building does not face Manchester Road, and which tenant occupies commercial retail space in said building that has previously been permitted two (2) Wall Signs, is permitted one (1) Wall Sign for the side wall facing Manchester Road along the portion of the building occupied by such tenant and one (1) Wall Sign for the face of the building for the portion of the building occupied by tenant. The Wall Sign shall not be larger than the Wall Sign for the face of the building and shall otherwise comply with all other requirements of this Chapter.
7.Â
Temporary Signs. Temporary Signs are permitted subject to the
following standards:
8.Â
Flags And Flag Poles. Flags and Flagpoles are permitted subject
to the following standards:
a.Â
A Flag shall not exceed three (3) by nine (9) feet in size.
b.Â
Each Property Owner shall have no more than one (1) Flag on
display at any given time located on a Flagpole.
c.Â
Each Property Owner may have one (1) Flagpole, per Lot, not
to exceed thirty (30) feet in height.
d.Â
Such Flagpole shall be ground-mounted and may be located anywhere
on the Premises, except within ten (10) feet of any property line.
9.Â
Directional Signs. Directional Signs are permitted subject to
the following standards:
10.Â
No Off-Premises Signs.
11.Â
Two-Sided Signs. A Sign with two (2) sides (i.e., two (2) Sign
Faces mounted back-to-back) shall be counted as one (1) Sign.
12.Â
Exceptions to the size and characteristics of permitted Sign types may be approved as part of the redevelopment plan process (C-P zoning) or as part of an integrated Sign plan for a Shopping Center or Multi-Tenant Retail Building pursuant to Section 530.070 but no Sign type specifically prohibited under this Sign Code shall be allowed except as may be approved by the Board of Aldermen as a part of such redevelopment or Sign plan.
C.Â
"A" And "B" Residential Districts.
1.Â
Business Signs. Business Signs are not permitted.
2.Â
Flags And Flag Poles. Flags and Flagpoles are permitted subject
to the following:
a.Â
A Flag shall not exceed five (5) by eight (8) feet in size.
b.Â
Each Property Owner shall have no more than three (3) Flags
on display at any given time either located on a Flagpole or mounted
to the house.
c.Â
Each Property Owner may have one (1) Flagpole, per Lot, not
to exceed twenty-five (25) feet in height.
d.Â
Such Flagpole shall be ground-mounted and may be located anywhere
on the Premises, except within ten (10) feet of any property line.
3.Â
Temporary Signs. Temporary Signs are permitted subject to the
following standards:
a.Â
Three (3) Temporary Signs, ground mounted on the private Lot
at any time with a Sign Face no larger than six (6) square feet per
Sign.
b.Â
One (1) Temporary Sign with a Sign Face no larger than eight
and five-tenths (8.5) inches by eleven (11) inches in one (1) window
per dwelling at a time.
c.Â
Temporary Signs shall not be Illuminated.
[Ord. No. 1610, 9-25-2018]
A.Â
Purpose. The City has determined that in the Commercial Corridor
District, it is desirable to allow, as an alternative to an ad hoc
review, for the submission of a Sign Plan for Shopping Centers and
Multi-Tenant Retail Buildings. Sign Plans will allow owners of areas
to submit a plan for a more flexible, creative, unified visual statement
that integrates the design of signage with the design of a building
for which a Sign is sought or on which such Signs will be displayed
as well as with the surrounding area taking into account the unique
characteristics of the site, abutting streets, internal traffic circulation
and the development as a whole.
B.Â
When Allowed. The owner of a tract of land, which is the site of
or is proposed as the site for a single integrated development consisting
of one (1) or more buildings, off-street parking, such as a Multi-Tenant
Retail Building or Shopping Center, may submit a Sign Plan for all
or part of the site to the Board of Aldermen for review and decision.
The Sign Plan shall contain a visual representation of the lettering,
illumination, color, size, height, placement and location of the Signs
proposed for display. This also may be done in conjunction with or
as a part of the site development plan review. Any Person submitting
a Sign Plan for consideration shall pay such fee as may be set by
the City for its review costs at the time of submission when not done
in conjunction with a site development plan.
C.Â
Deviations From General Provisions Of Comprehensive Sign Code. If
an applicant seeks to submit a Sign Plan that seeks signage in size
(area), height, type, location or number that is not permitted under
the express requirements of the Sign Code, then the applicant shall
show on the plan or submit a separate statement that explains the
deviations from the Sign Code and the reasons for deviation from the
applicable Sign regulations including any unique circumstances of
the site that warrant the deviation.
D.Â
Standards. When reviewing a Sign Plan, the Board of Aldermen shall
determine that the following standards are met:
1.Â
The Sign Plan is consistent with and fulfills the intent, spirit
and purposes of this Chapter;
2.Â
The Signs described in the plan are appropriately related in
size, shape, materials, lettering, color, illumination and character
to the function and character of the building or Premises on which
they will be displayed;
3.Â
The Signs described in the plan are compatible with the theme,
visual quality and overall character of the surrounding area and the
approval of the proposed Sign Plan will not be detrimental to the
adjoining properties; and
4.Â
The deviation from the applicable Sign regulations in size,
location or number of Signs is warranted due to the unique characteristics
or layout of the proposed building(s) or the unique characteristics
or topography of the proposed site.
E.Â
After consideration of the Sign Plan, the Board of Aldermen may deny,
approve or conditionally approve all or part of the Sign Plan as submitted.
[Ord. No. 1610, 9-25-2018]
A.Â
Illumination Standards. All Illuminated Signs shall be subject to
the following standards:
1.Â
External lighting, such as floodlights, thin line and gooseneck
reflectors, are permitted unless otherwise noted in a Section of this
Code, provided the light source is directed upon the Sign Face and
is effectively shielded so as to prevent beams or rays of light from
being directed into any portion of an adjacent street and the lights
are not of such intensity so as to cause glare, impair the vision
of the driver of a motor vehicle or otherwise interfere with a driver's
operation of a motor vehicle; provided, however, that the light source
is effectively shielded so as to prevent beams or rays of light from
shining on any adjacent street or residential uses.
2.Â
No Sign shall be so Illuminated that it interferes with the
effectiveness of or obscures any official traffic Sign, device or
signal.
3.Â
If a Sign or Flag is externally lighted, the light source shall
be completely concealed and not visible to pedestrians, vehicles or
Persons located on adjacent property.
4.Â
All Signs with internal illumination shall require an electrical
permit and meet all requirements of the City's Electrical Code and
other applicable Codes.
5.Â
Except where otherwise noted, Pole Signs and Monument Signs
within one hundred fifty (150) feet of a residential dwelling shall
only be Illuminated by an external light source. Nothing herein shall
not prohibit continuous illumination of Flags and Monument Signs.
6.Â
No revolving or rotating beam or beacon of light that simulates
an emergency light or device shall be permitted as part of any Sign.
No Illumination shall be allowed that converts the Sign to a Flashing
Sign except if reasonably necessary to convey public service information.
7.Â
A Sign may not include a Changeable Message Display or Electronic Changeable Message Display unless expressly permitted by Section 530.060.
8.Â
Notwithstanding the above lighting requirements, no Illuminated
Sign shall be of such brightness or intensity so as to cause glare,
impair the vision of the driver of a motor vehicle or otherwise interfere
with a driver's operation of a motor vehicle, obscure or interfere
with the effectiveness of an official traffic control device, prevent
or interfere with the quiet use or enjoyment of any Lot which is used
or zoned residential, or otherwise be maintained as a nuisance.
B.Â
Changeable Message Displays/Electronic Changeable Message Displays. Monument Signs with CMDs and eCMDs shall be subject to the general illumination standards of Subsection (A) of this Section and eCMDs are subject to the following additional regulations:
1.Â
Duration Of Message Intervals. Messages must be displayed for
a minimum of fifteen (15) seconds for each item shown or information
displayed.
2.Â
Transition And Display. Message changes shall be instantaneous
without dissolving, growing, melting, traveling up or down scrolling,
or fading. Messages shall have a static display and shall not be Illuminated
so as to be a Flashing Sign or that in any manner creates the illusion
of movement.
3.Â
Brightness. The brightness of an eCMD shall automatically adjust
via photocell for use during daylight hours and non-daylight hours.
No Sign may be Illuminated to a degree of brightness that is greater
than necessary for adequate visibility. The maximum permitted brightness
for an eCMD during daylight hours is five thousand (5,000) NIT (candela
per square meter) and five hundred (500) NIT during non-daylight hours
as measured from the Sign's Face perpendicular to the rays of the
source at maximum brightness. The lighting and other specifications
for a proposed eCMD shall be submitted with the application proposing
to incorporate an eCMD.
4.Â
Story Advertising. An eCMD Sign shall not display consecutive
Messages facing the same traveled way, which constitute a substantially
similar theme or story and is a continuation of any immediately preceding
Message, thereby creating a storyboarding effect when viewed by Persons
operating a motor vehicle. Nothing contained in this Subsection shall
prohibit the display of identical consecutive Messages.
5.Â
Malfunction And Non-Compliance. All eCMD Signs shall be designed
and equipped to freeze the device in one (1) position if a malfunction
occurs. The eCMD Signs shall be equipped with a means to promptly
discontinue the display if it malfunctions, and the Sign owner shall
immediately stop the dynamic display when notified by the City that
it is not complying with standards of this Code.
6.Â
Conversion. Conversion of an existing Monument Sign to an eCMD
is authorized only where eCMDs are permitted by this Chapter and the
current Sign complies with existing Code requirements.
[Ord. No. 1610, 9-25-2018]
A.Â
Except as provided in Section 535.040(A)(10), a permit is required
for the erection of a Sign or outdoor display structure. An application
therefor shall be filed with the City Clerk and said application shall,
when required by the Building Commissioner, include the plans and
specifications for said Sign, including the dimensions, materials
and required details of construction, including weights and methods
of anchorage.
B.Â
The application shall be accompanied by the written consent of the
owner and lessee of the Premises upon which the Sign is to be erected.
C.Â
No Sign shall be enlarged or relocated except in conformity with
the provisions of this Chapter for new Signs, nor until a permit has
been issued. The changing of movable parts of an approved Sign that
is designed for such changes or repainting or reposting of display
matter shall not be deemed an alteration, provided that the conditions
of the original approval and the requirements of this Chapter are
not violated.
D.Â
Even where no authorization or permit is required, the owner of a
Sign retains responsibility for its erection and maintenance in a
safe manner, for compliance with all provisions of this Chapter, and
for damages or injuries to property or Persons.
[Ord. No. 1610, 9-25-2018]
A.Â
Any person, firm or corporation may appeal any order, requirement,
decision or determination made by the City Clerk or Building Commissioner
in the enforcement of this Chapter to the Board of Adjustment of the
City of Warson Woods. A fee of two hundred dollars ($200.00) shall
be paid to the Treasurer at the time the notice of appeal is filed
to be credited to the General Revenue Fund of the City of Warson Woods.
In addition, the petitioner shall pay for publishing public hearing
notices, duplication costs and the transcription of the public hearing.
Petitioner will be invoiced by the City after actual costs are determined.
[Ord. No. 1675, 1-17-2023]
B.Â
The Board of Adjustment shall have the power to:
1.Â
Affirm, modify or reverse the decision of the Building Commissioner
if the Board finds an error has been made in any order, requirement,
decision or determination in the enforcement of this Chapter.
2.Â
Permit variations where practical difficulties, unnecessary
hardships and results inconsistent with the general purpose of this
Chapter. If it is determined that the applicant for a variance is
subject to such difficulty, hardship or result, then the Board shall
find that the proposed Sign:
a.Â
Will not be inappropriate to the scale of the building to which
it is related, or to the aesthetic environment of the surrounding
structures and land use,
b.Â
Will not materially diminish or impair established property
values within the surrounding area, and
c.Â
Will not in any other respect impair the public health, safety,
comfort, morals and welfare of the City of Warson Woods.
C.Â
Any Person, firm or corporation that is aggrieved by a notification
from the Building Commissioner to remove or bring into conformity
any existing Non-Conforming Sign shall have the right to appeal such
decision to the Board of Adjustment. The Board shall have the power
to permit the retention of such Non-Conforming Sign providing the
Sign:
