[R.O. 2006 §405.370(A); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 16.81 §§1 — 2, 11-3-2016]
A.
The intent and purpose of the following provisions is to provide
sign regulations that promote the following objectives:
1.
Effective communication without excessive proliferation or size
of signage;
2.
Protection of the public from unsafe signs by requiring proper
location, installation and maintenance, and avoiding undue distractions
to persons driving motor vehicles;
3.
Provision of a quality community image, thereby protecting and
enhancing the economic vitality of the City by ensuring that the City
remain a desirable place to live, visit and conduct business; and
4.
No temporary sign is subject to any limitation based on its
content. Any temporary sign authorized in this Chapter may contain
any non-commercial copy in lieu of any other copy.
[R.O. 2006 §405.370(B); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 16.81 §§1 2, 11-3-2016]
The provisions of this Article shall govern the installation,
erection, painting or display of any outdoor sign.
[R.O. 2006 §405.370(C); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 10.68 §1, 11-19-2010; Ord. No. 16.81 §§1 — 2, 11-3-2016]
Unless expressly stated, the following words or terms shall,
for purposes of this Article, have the meanings as outlined below:
(See "SIGN, OFF-PREMISES ADVERTISING").
The horizontal length of that portion of a building which
faces a right-of-way or which faces a parking lot containing no less
than twenty (20) parking spaces and serving the building.
A sign on which copy is changed either manually or automatically
(electronically), posting information pertinent to the business or
establishment on the premises. These signs include message centers,
reader boards and/or lamp banks subject to the limitations provided
herein.
To build, construct, install, attach, hang, place, inscribe,
suspend, affix, paint or repair.
The elevation of the centerline of the adjacent right-of-way
at the point closest to the sign.
To permit a sign, sign structure, or any part of each to
continue, or to repair or refurbish a sign, sign structure or any
part of each.
A commercial or retail development that has a minimum development
area of ten (10) acres, a minimum of four hundred (400) feet of road
frontage, and at least one hundred thousand (100,000) square feet
of retail sales facility.
A non-electrical sign identifying only the name and occupation
or profession of the occupant of the premises on which the sign is
located.
Any mosaic, mural, painting, graphic art technique, or combination
thereof placed on a wall and containing no copy, advertising symbols,
lettering, trademarks or other references to the premises or to the
products and/or service offered for sale on the premises.
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 and where sign area means the space enclosed within the
extreme edges of the sign for each face, not including the supporting
structure or where attached directly to a building wall or surface,
the outline enclosing all the characters of the word. Signs located
completely within an enclosed building, and not exposed to view from
a street, shall not be considered a sign. Each display surface of
a sign or sign face shall be considered to be a sign.
A temporary on-premise sign used during construction of new
buildings or substantial additions to buildings, which denotes a project
name and/or identifies the architects, engineers, developers, contractors
and the like.
A sign which is designed and erected solely for the purpose
of traffic or pedestrian direction and placed on the property to which
or on which the public is directed.
A sign listing the name, and/or use, and/or location of the
various businesses or activities conducted within a building or group
of buildings.
A sign which contains an intermittent flashing light source
or which includes the illusion of intermittent or flashing light by
means of animation or an externally mounted intermittent light source;
any sign in which any part of the light source varies in intensity
and/or hue and flashes or appears to flash or turn on and off, or
a sign in which a message constantly flashes or turns on and off,
or alternates with other copy by means of rotating or otherwise moving
portions of the sign. Not to include message centers, automatic lamp
banks or bulletin boards as provided for herein.
A pole sign, not attached to a building, and supported wholly
by uprights, braces, or posts; or a monument sign, not attached to
a building, whereby the majority or the entirety of the base of the
sign is attached directly to the ground, or attached to an elevated
landscape planter box or structure not exceeding three (3) feet in
height.
A sign pertaining only to the use of the premises on which
the sign is located and containing any of the following information,
unless otherwise prohibited:
A sign pertaining to a major service, commodity or facility
offered on the premises and is incidental to and subordinate to primary
signs listed in this Article.
A sign attached to, in any manner, or made part of a marquee.
(See "BULLETIN BOARD")
A sign which no longer correctly directs or exhorts any person,
advertises a bona fide business, lessor, owner, product or activity
conducted or product available on the premises where such sign is
displayed.
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard or other thing designed, intended
or used to advertise or inform the traveling public of an establishment,
products, services, entertainment or other information which is not
sold, produced or furnished upon the property in which the sign is
located. This does not include directional signs, in existence prior
to adoption of this Article (November 18, 1999), at road intersections
informing the traveling public of business locations not visible from
highway or street corridors.
A wall sign consisting of individual or connected lettering
not mounted on any type of background other than a building or the
surface of an integral architectural element which is a part of a
building. The surface that forms the background for the letters shall
not be illuminated from behind.
A temporary sign made of paper, cardboard or similar material.
A sign indicating the entrance or exit to a parking lot.
A sign stating the regulations for use of a parking lot or
individual or groups of parking spaces therein.
All signs which are not temporary signs.
Any sign not permanently attached or intended to be permanently
attached to the ground or to a building.
An electronic or electrically controlled public service message
sign which conveys only information such as time, date, temperature,
atmospheric conditions or general news information where different
alternating copy changes are shown on the same lamp bank matrix without
giving the appearance of directional movement.
A sign erected on or above a roof, parapet or roof eave when
installed in a manner such that the sign or any portion thereof extends
beyond the limits of the visible surface of the roof or wall when
viewed from normal eye level from the centerline of the adjacent public
right-of-way.
A sign that is not illuminated and is not permanently installed
or affixed to any sign, structure or building.
Any sign attached and parallel to a wall or similar architectural
element that is an integral part of a building.
Any sign painted on, attached to or displayed in a window
so as to direct attention of persons outside the building to a product
or activity of the institution or business on the premises.
The length of the property line of any one (1) premise along
each public right-of-way it borders and to which direct vehicular
access is provided.
A temporary sign or signs displayed so as to attract attention
to the sale of merchandise or services, a primary or accessory sales
event, a community or sales event at an exposition or business center
or a change in policy or in the status of a business.
[R.O. 2006 §405.370(D); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 16.81 §§1 — 2, 11-3-2016]
A.
Sign Permit Required. It shall be unlawful for any person to erect, repair, enlarge, alter or relocate the sign within the City of Osage Beach without first obtaining a sign permit which has been duly issued by the Building Official and duly approved by the Zoning Administrator. This provision shall not apply to signs listed under Section 405.370(B).
B.
Permit Application. Application for a sign permit
shall be submitted to the Building Official and shall contain or have
attached thereto the following information:
1.
The names, addresses, and telephone numbers of the applicant,
the owner of the property on which the sign is to be erected or affixed,
and the company to be erecting or affixing the sign.
2.
A set of plans (to scale) and specifications of the sign to
be erected or affixed, detailing the method of construction and attachment
to the building or ground. Such plans and specifications shall include
information on material, dimensions (size and height) and electrical
details (if applicable) and all other information required by the
Building Official to determine compliance with the Building Code.
3.
Elevations, renderings, or drawings of the sign faces or sign
message.
4.
For any freestanding sign or projecting sign, the applicant
shall submit a site plan drawn to scale, locating such signs by dimension
from the lot lines.
5.
Written consent of the property owner upon which the sign is
to be erected or affixed, if different from the applicant.
6.
Such other information as may be determined necessary by the
Building Official or the Zoning Administrator to determine compliance
with this Article or other applicable codes.
C.
Determination Of Sign Area. The following regulations
shall govern the determination of sign area:
1.
The surface area of a sign shall be computed by including the
entire area within a perimeter of not more than eight (8) straight
lines, or a circle or an ellipse, enclosing the extreme limits of
the writing, representation, emblem or other display, together with
any material, framing 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.
2.
The posts or other supporting structures associated with a pole
sign shall not be included in computing the sign area. In computing
the sign area for a monument sign, the entire area of the sign shall
be considered, exclusive of its elevated landscape planter box or
base structure.
3.
For two-sided, multi-sided, or three-dimensional signs, the
sign surface area shall be computed by including the total of all
sides designed to attract attention or communicate information that
can be seen at any one (1) time by a person from one (1) vantage point.
Without otherwise limiting the generality of the foregoing:
a.
The sign surface area of a double-faced, back-to-back sign shall
be calculated by using the area of only one (1) side of such sign,
so long as the distance between the backs of such signs does not exceed
five (5) feet.
b.
The sign surface area of a double-faced sign constructed in
the form of a "V" shall be calculated by using the area of only one
(1) side of such sign (the larger side if there is a size difference)
so long as the angle of the "V" does not exceed thirty degrees (30°).
D.
Maintenance.
1.
All signs and components thereof shall be maintained in good
repair, free of rust, peeling, flaking, fading, broken or cracked
panels, and broken or missing letters. All signs, components, supports
and their surroundings shall be maintained in a safe, clean and attractive
condition.
2.
When any sign becomes insecure, in danger of falling or otherwise
unsafe, or if any sign, is unlawfully installed, erected or maintained
in violation of any of this Chapter or other applicable codes of the
City, the owner thereof, or the person or firm maintaining the same,
shall, upon written notice of the Building Official, forthwith in
the case of immediate danger and in any case, within not more than
ten (10) days, make such sign conform to this Article or other applicable
codes of the City, or shall remove it. If within ten (10) days the
order is not complied with, the Building Official may have such sign
removed at the expense of the property owner, lessee, or other person
responsible therefor.
E.
Miscellaneous Regulations — Building Code Requirements.
1.
All signs shall comply in every respect with the Building Code
of the City of Osage Beach, and the following:
a.
No sign shall be erected, displayed, or maintained so as to
obstruct any fire escape, any required exit way, window or door opening
used as a means of egress, or to obstruct any other means of egress
required by the Building Code of the City of Osage Beach; and
b.
No sign shall be erected, displayed or maintained in a manner
that interferes with any opening required for ventilation under the
Building Code of the City of Osage Beach.
2.
Sign illumination. Internal and external illumination
of signs shall concentrate the illumination upon the area of the sign
so as to prevent glare upon the street or adjacent property.
3.
Signs not to constitute traffic hazard. No
sign shall be erected at the intersection of any streets in such a
manner as to obstruct free and clear vision; or at any location where,
by reason of the position, shape or color, it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device; or which makes use of the words "stop," "go," "look,"
"danger," "one-way," "yield" or any other word, phrase, symbol or
character in such a manner as to interfere with, mislead or confuse
traffic. Sign placement shall be in accordance with current City requirements
regulating clear sight triangles and regulations for adequate visibility
at intersections.
4.
Electrical hazards. No freestanding sign shall
be erected within eight (8) feet or less of any line conductors, service
drops or power lines without approval of the appropriate utility company.
[R.O. 2006 §405.370(E); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 10.31 §1, 7-1-2010; Ord.
No. 16.81 §§1 — 2, 11-3-2016]
A.
Prohibited Signs. The following types of signs are
prohibited in all zoning districts of the City of Osage Beach:
1.
Moving signs of which all or any part of the sign moves or which
appears to move by any means, including fluttering or rotating. This
prohibition includes but is not limited to pennants, streamers, or
propellers.
2.
Flashing signs, except lamp bank type bulletin boards, reader
boards and message centers, and illuminated signs which indicate the
time, temperature, weather or other similar information provided that
the total area of such sign is not greater than sixteen (16) square
feet and the color or intensity of light is constant, except for periodic
changes in the information display.
3.
Strips or strings of lights outlining property lines or sales
area(s).
4.
Signs on public land or public rights-of-way other than temporary
directional signs erected and removed the same day and those signs
erected at the direction or with the permission of a public authority.
5.
Signs that are not securely affixed to the ground or otherwise
affixed in a permanent manner to an approved supporting structure.
6.
Signs attached to, painted on or placed on any vehicle including
a trailer that is parked in public view on private property. This
provision is not to be construed as prohibiting the identification
of a firm or its principal products on a vehicle operating during
the normal course of business or parked after business hours, provided
parking takes place as inconspicuously as possible and the duration
of the parking, does not exceed a period of sixteen (16) hours, except
on weekends or holidays.
7.
Temporary signs which do not comply with all provisions of this
Article.
8.
Obsolete signs remaining thirty (30) days after they become
obsolete.
9.
Signs installed, erected, enlarged or structurally altered in
violation of the provisions of this Article.
10.
Signs which have become deteriorated or damaged to an extent
that the cost of the reconstruction or restoration of such signs is
in excess of fifty percent (50%) of its replacement value exclusive
of foundations.
11.
Signs that give off a level of luminance greater than three hundred
(300) Nits during the day time, which is defined for the purposes
of this Section as the time thirty (30) minutes prior to sunrise to
thirty (30) minutes after sunset, and signs that give off a level
of luminance greater than one hundred (100) Nits during the night
time, which is defined for the purposes of this Section as the time
thirty (30) minutes after sunset to thirty (30) minutes prior to sunrise.
Readings to determine the level of luminance will be measured from
multiple separate points no greater than six (6) inches from the face
of the sign or primary light source.
[Ord. No. 22.59, 8-18-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(A)(11) as (A)(12).
12.
Other signs not expressly permitted by this Article.
B.
Permitted Signs. Except as otherwise limited in
this Article, the following types of signs are permitted, without
a sign permit, in all zoning districts within the City of Osage Beach:
1.
Temporary Signs, Generally.
[Ord. No. 18-37, 8-2-2018]
a.
Temporary signs allowed at any time:
b.
One (1) temporary sign may be located on a property when the
owner consents and that property is being offered for sale or lease
any time prior to and up to the date of possession by a person purchasing
or leasing the property.
c.
One (1) temporary sign may be located on the owner's property
two (2) days prior to and on a day when the property owner is opening
the property to the public; provided, however, the owner may not use
this type of sign in a Residential District on more than two (2) days
in a year and the days must be consecutive and may not use this type
of sign in any Commercial District for more than fourteen (14) days
in a year and the days must be consecutive. For purposes of this Section
a year is counted from the first day on which the sign is erected
counting backwards and from the last day on which the sign exists
counting forward.
d.
A property owner may place and maintain one (1) temporary sign
on the property on July 4.
e.
A person exercising the right to place temporary signs on a property as described in this Section must limit the number of signs on the property per twenty-five hundredths (0.25) acre at any one (1) time to two (2) plus a sign in the window as allowed in Subsection (1)(a).
f.
The sign face of any temporary sign, unless otherwise limited
in this Section must not be larger than two (2) square feet.
2.
Construction signs provided only one (1) such sign of no more
than thirty-two (32) square feet may be erected on each street frontage
for the duration of such construction activities. Such sign(s) shall
be located on the property in which the construction activity is taking
place.
3.
Official public notices and notices posted by a public authority
in accordance with public notice requirements as may be required by
law.
4.
Business directional signs posted by the City of Osage Beach
where a business located on a lake road or other commercial or secondary
collector street is not visible upon approaching the intersection,
a business directional sign may be erected on public property. Such
directional signs shall be constructed by the City and shall be of
the type determined by the City. Businesses with existing off-premises
advertising within three hundred (300) feet and/or located at the
same intersection will not be allowed on the City directional sign
until such existing signage is removed. All other directional signage
on private property at such intersections shall be considered non-conforming.
Businesses who otherwise are complying with all sign ordinances may
request that their sign be placed on the business directional sign
and a fee of no more than thirty dollars ($30.00) per month for each
space rented on City directional signs shall be charged by the City
for the privilege. No such device shall be erected without the approval
of the Planning Commission and Board of Aldermen. Business directional
signs are provided by the City for the convenience of the City and
are subject to removal at any time.
5.
Governmental signs for the control or direction of traffic and
other public purposes, such as neighborhood watch program signs, historical
markers and plaques, or temporary emergency signs.
6.
(Reserved)
7.
"No Parking" or "No Trespassing" signs which are no larger than
two (2) square feet in gross sign area.
8.
Single identification signs not exceeding five (5) square feet
in gross sign area which are hung below a canopy or awning, provided
they allow a clearance of at least seven (7) feet above the sidewalk
or other pedestrian way.
9.
Painted graphics when located in a non-residential zoning district.
10.
Tablets or plaques in building walls denoting names of buildings,
names of officers and officials and date of erection when cut into
any masonry surface or when constructed of bronze or other similar
material.
11.
Address numbers.
12.
Subdivision or development identification signs. Up to two (2) permanent subdivision or development signs (one (1)
on each corner of the entry street) not exceeding fifty (50) square
feet in size each, inclusive of any logo, shall be allowed for any
planned development, subdivision, multiple-family (apartment) or condominium
development with ten (10) or more lots or units, or for any commercial
or industrial subdivision, or commercial/industrial planned development
with five (5) or more lots. Where the subdivision or development has
access on two (2) or more streets, or has more than one (1) entrance
on one (1) street, identification signs shall be allowed at each entrance.
[R.O. 2006 §405.370(F); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 16.81 §§1 — 2, 11-3-2016]
A.
It shall be unlawful to erect, permit the erection of, display or
permit the display of any sign in connection with a residential use
or in a residential zoning district unless such sign is expressly
permitted by this Article, subject to all of the limitations and provisions
stated herein.
1.
Single-family and two-family residential zoning districts
and uses. No signs other than those permitted under the provisions of Section 405.370(B) above shall be permitted in R districts, or in residential use areas.
2.
Multi-family residential zoning and use areas may include parking
and/or directional sign(s) not exceeding twelve (12) square feet in
gross sign area and not exceeding a height of ten (10) feet for each
driveway serving the dwelling units.
[R.O. 2006 §405.370(G); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 10.68 §2, 11-19-2010; Ord. No. 13.24 §1, 5-2-2013; Ord. No. 16.81 §§1 — 2, 11-3-2016]
A.
It shall be unlawful to erect, permit the erection of, display or
permit the display of any sign in connection with any non-residential
use or in a non-residential zoning district unless such sign is expressly
permitted by this Article, subject to all of the limitations and provisions
stated herein.
1.
Classification of signs. For purposes of this
Article, signs shall be classified as primary signs, secondary signs,
and special-purpose signs.
a.
Identification signs are the only signs which are classified
as primary signs.
b.
Secondary signs shall include the following signs: bulletin
boards, incidental signs, paper signs, public service message signs,
temporary promotional displays, and window signs.
c.
Special purpose signs are limited to directory signs, parking
direction signs, parking regulation signs, directional signs, shopping
center identification signs, and marquee signs.
2.
Primary signs.
a.
Each business, office or institution, located in commercial
zones, shall be permitted square footage devoted to primary signage
equivalent to the average of the following square footage totals:
(1)
One (1) square foot per two hundred (200) square
feet of total land area devoted to the use;
(2)
One (1) square foot per fifty (50) square feet
of gross floor area for the ground level of the main building; and
(3)
One (1) square foot per two (2) linear feet of
street frontage devoted to the use.
b.
The maximum size of any individual primary sign is limited in
size to two hundred (200) square feet. The minimum size of any individual
primary sign, unless desired by the applicant, shall not be less than
thirty-two (32) square feet. Primary signs may be freestanding signs,
wall signs, roof signs, window signs, or signs affixed to or painted
on canopies or awnings, subject to the limitation stated herein.
c.
Notwithstanding shopping center or related directory signage
provisions herein, each business or institution occupying a floor
or premises other than the ground floor and having direct exterior
entrance on the ground floor shall be permitted primary wall, window
or canopy signage at a rate of one (1) square foot per fifty (50)
square feet of gross floor area. This provision shall also apply to
businesses within a single level shopping center or mall setting such
as a factory outlet mall. Signs shall only be displayed on the part
of the building occupied by that business and/or at or near the ground
floor entrance to that business.
d.
Freestanding primary signs. One (1) freestanding
primary sign, not exceeding twenty-five (25) feet in total sign height,
shall be permitted for each street frontage; except that when the
street frontage exceeds two hundred (200) feet, such freestanding
sign may be increased in sign height to a maximum of thirty-five (35)
feet (above street elevation)
e.
Canopy and awning signs may be attached to or painted directly
on a canopy or awning provided such signs shall not extend beyond
the bottom edge of such canopy or awning.
3.
Secondary signs. Signs authorized by this Section
are not to be included in calculating the allowable gross area for
primary signs. Except for temporary promotional displays, the total
gross sign area of all secondary signs shall not exceed sixty percent
(60%) of the allowable gross sign area for primary signs.
a.
Bulletin boards, message centers and reader boards. No more than one (1) bulletin board, message center or reader board not exceeding thirty-two (32) square feet in area, shall be permitted for each street frontage for properties that do not meet specific criteria defined by "Article V" of Chapter 405. A commercial or retail development, that has a minimum development area of five (5) acres and at least twenty thousand (20,000) square feet of commercial facility, will be allowed no more than one (1) electronic message center sign, not exceeding sixty-four (64) square feet in area, on each free-standing primary sign permitted for the development. The electronic message center sign shall display only commercial messages for the occupants of the commercial facility or public or community service announcements as determined by the owner or manager of the development. Electronic message center signs shall not scroll or display a running message of continuous vertical or horizontal movement. Individually illuminated words used to form complete thoughts or advertising messages shall not exceed a maximum of five (5) seconds to complete for each complete message.
[Ord. No. 22.38, 6-16-2022]
b.
Incidental signs. No more than four (4) incidental
signs, not exceeding forty (40) square feet in total coverage area,
shall be attached to any single building wall face and shall not be
attached perpendicular to the wall. Individual incidental sign attached
to a building wall shall not exceed twenty (20) square feet in total
coverage area. No more than four (4) incidental signs shall be affixed
to a freestanding pole structure and shall not exceed eight (8) square
feet in total coverage area for each sign. Such signs shall be restricted
to trading stamps, credit cards accepted, notices of services or restrictions,
or shall pertain to a major service, commodity or facility offered
on the premises.
c.
Paper signs, banners and temporary window signs. The total gross sign area of all paper signs, banners and temporary
window signs shall not exceed fifty percent (50%) of the allowable
gross sign area for primary signs for the street frontage on which
the signs are displayed.
d.
Public service message signs. Public service
message signs shall be permitted when attached to a freestanding sign
or to a building wall, provided the street frontage of the use involving
the sign exceeds three hundred (300) feet along the street on which
the sign is located. The illuminated message area shall not exceed
sixteen (16) square feet in area.
e.
Temporary promotional displays. Temporary promotional
displays equal to seventy-five percent (75%) or more of the primary
signage permitted for the business or use shall be permitted for a
maximum of ten (10) consecutive calendar days on not more than four
(4) separate occasions during a calendar year, provided the displays
are securely mounted to minimize movement due to wind and air currents
and a permit is obtained for such temporary promotional display prior
to installation. Such permit shall not be issued unless a permit fee
of ten dollars ($10.00) and a cash bond of fifty dollars ($50.00)
are first paid to the Building Department. The bond is refundable
only upon meeting all of the conditions of the permit, including the
removal of the display in accordance with the removal date stated
on the face of the permit.
4.
Special purpose signs. Signs authorized in
this Section are not to be included in calculating the allowable sign
area for primary signs.
a.
Parking direction signs. Freestanding parking
direction signs shall be permitted for each driveway provided the
sign does not exceed ten (10) square feet in gross sign area, the
sign height does not exceed five (5) feet, and no portion of the sign
is located closer than five (5) feet from a street curb line. If the
sign is located at a private driveway, which is for the exclusive
use of a single business or institution, the sign may contain the
name or address of such business or institution. If the driveway is
not for the exclusive use of a single business or institution, the
parking directional sign shall be limited to directional information
only and shall not contain any other information such as the name
or address of a business or institution.
b.
Directional signs. Directional signs other
than parking direction signs shall not exceed ten (10) square feet
in gross sign area or ten (10) feet in sign height and shall not be
located within fifty (50) feet of a public or private right-of-way.
c.
Parking regulation signs. One (1) non-illuminated
parking regulation sign, not exceeding five (5) square feet in gross
sign area and not exceeding ten (10) feet in sign height, shall be
permitted for each parking lot. Parking lots with more than twenty
(20) parking spaces shall be permitted one (1) sign for each twenty
(20) parking spaces or fraction thereof.
d.
Directory signs. Buildings or a group of buildings
containing various businesses or activities are permitted one (1)
directory sign at or near each building or courtyard entrance. Such
sign shall contain only the names of the businesses served by such
entrance or courtyard and shall not exceed a gross sign area of four
(4) square feet times the number of businesses listed on the sign.
e.
Shopping center identification signs. Multi-tenant
shopping centers containing a minimum of fifteen thousand (15,000)
square feet of floor area, a minimum of four (4) establishments, and
a minimum of three hundred (300) feet of street frontage, shall be
permitted a shopping center identification sign which may be a wall
sign or a freestanding sign not exceeding thirty-five (35) feet in
sign height (measured from street grade) and located with a setback
of at least five (5) feet from the right-of-way line. Such shopping
center identification sign shall not exceed two hundred (200) square
feet in gross sign area and may include the name of the shopping center,
address, and directory information.
f.
Marquee signs. Marquee signs for theaters,
cinemas, exhibition centers and similar public assembly uses shall
be permitted provided the total square footage devoted to said sign
shall not exceed the total square footage of the primary sign permitted
for the property.
g.
Group office and business complex signs. Groups
of businesses or institutions located in one (1) single or multi-level
building shall be permitted to have freestanding directory sign(s)
provided that:
(1)
No other freestanding signs related to businesses
within the group other than parking direction signs and directional
signs not exceeding six (6) feet in height shall be located within
two hundred (200) feet of a commercial group directory sign unless
the sign is attached or constructed as an integral part of the primary
sign permitted for the group.
(2)
Sign area shall be limited to ten (10) square feet
per occupancy not to exceed fifty percent (50%) of the total square
footage of the primary sign permitted on the property.
h.
Regional shopping center primary signs. Regional
shopping centers will be allowed a primary sign containing the name
of the development, along with the names of the various businesses
that operate within that development. The sign must be located on
the development property. The sign can be a maximum of eight hundred
(800) square feet, cannot exceed forty-five (45) feet in total height,
and an allowance will be figured at a rate of one (1) square foot
per fifty (50) square feet of gross floor area, with no individual
establishment's sign to exceed two hundred (200) square feet on the
individual freestanding sign.
i.
Metro shopping center primary signs.
(1)
Metro shopping centers will be allowed one (1)
primary sign containing the name of the development, along with the
names of the various businesses that operate within that development
located on the development property in a location on the main frontage
road for the development. If the Metro Shopping Center is bordered
by more than one (1) State Highway, the development will be allowed
a primary sign on each State Highway frontage that is a minimum of
one thousand (1,000) feet. The Metro Shopping Center primary sign
shall not exceed:
(3)
Each Metro Shopping Center primary sign may contain
one (1) digital bulletin board sign not to exceed one hundred fifty
(150) square feet in total area. The digital bulletin board shall
display only commercial messages for the tenants of the Metro Shopping
Center or public or community service announcements as determined
by the owner or manager of the Metro Shopping Center.
j.
Commercial properties with frontage on the 54 Expressway.
(1)
Commercial properties that are a minimum ten (10)
acres in total area with a minimum of one thousand (1,000) feet of
frontage on the Highway 54 Expressway and are adjacent to a 54 Expressway
interchange may locate a freestanding primary sign on the Highway
54 Expressway.
(2)
Any additional freestanding primary signage for
those properties locating a freestanding primary sign on the 54 Expressway
frontage will only be allowed in the form of a monument sign whose
total square footage is no greater than two hundred (200) square feet
with a sign height no greater than twelve and one half (12.5) feet
in total sign height or above street elevation, whichever is greater.
(3)
All other commercial properties with frontage on the 54 Expressway not erecting a sign pursuant to Subsection (A)(4)(j)(1) listed above will be allowed a primary sign affixed to either the primary contained structure's wall or roof facing the 54 Expressway frontage provided it meets all other regulations contained within this Article.
[R.O. 2006 §405.370(H); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 10.45 §1, 10-14-2010; Ord. No. 13.24 §2, 5-2-2013; Ord. No. 16.81 §§1 — 2, 11-3-2016]
A.
Off-premises advertising signs shall be subject to the regulations
set forth herein and under Sections 226.500 to 226.600, RSMo., and
other State and Federal laws pertaining to such signs. To the extent
the regulations of this Article differ from the provisions of Sections
226.500 to 226.600, RSMo., and other State and Federal laws, the regulations
of this Article shall apply. Notwithstanding other provisions of this
Article which apply to off-premises advertising signs, the following
regulations shall apply to any such off-premises advertising sign
erected after November 18, 1999.
1.
Location of signs.
a.
Off-premises advertising signs shall only be permitted within
two hundred (200) feet of the nearest edge of the right-of-way of
existing Highways 54 (Osage Beach Parkway), 42, KK, and D in areas
zoned "C-1," "C-2," "I-1" or "I-2"; this does not include any off-premises
signage for the future Highway 54 Expressway.
b.
No off-premises advertising sign shall be located within one
thousand (1,000) feet of any R, M or residential PUD zoning district.
2.
Size of signs. The maximum area for any one
(1) sign shall be seven hundred (700) square feet with a maximum sign
face height of fifteen (15) feet and width of fifty (50) feet subject
to the measuring provisions of this Article.
3.
Height of signs. The total maximum height of
any off-premises advertising sign shall be forty (40) feet as measured
from the average public street elevation closest to the base of the
sign.
4.
Spacing of signs. No off-premises advertising
sign shall be erected within two thousand (2,000) feet of any other
existing off-premises sign in any direction, which includes measurements
from signs located outside the City limits.
5.
Lighting of signs. Illumination of off-premises
advertising signs shall be permitted, subject to the provisions of
Section 226.540, RSMo. Shielding of fixtures is required to mitigate
illumination and glare within adjacent properties.
6.
Off-premises advertising along the State Highway 54 Expressway
and the portion of Osage Beach Parkway, between the Highway 42 intersection
and the western end of Osage Beach Parkway South (commonly referred
to as the one-way couple), shall only be permitted as follows: No
new off-premises advertising signs shall be constructed facing, abutting,
visible to, or within the line of sight of any driver on any public
or private road, expressway or highway not otherwise permitted herein.
a.
Size of signs. The maximum area for any one
(1) sign shall be eight hundred (800) square feet with a maximum sign
face height of thirty (30) feet and width of seventy-two (72) feet
subject to the measuring provisions of this Article.
b.
Height of signs. The total maximum height of
any off-premises advertising sign shall be:
(1)
For signs which have a base located at a topographical
elevation below the average street elevation closest to the base of
the sign, the maximum height shall be eighty (80) feet over the street
elevation closest to the sign.
(2)
For signs which have a base located at a topographical
elevation equal to the average street elevation closest to the base
of the sign, the maximum height shall be eighty (80) feet over the
street elevation closest to the sign.
(3)
For signs which have a base located at a topographical
elevation above the average street elevation closest to the base of
the sign, the maximum height shall be eighty (80) feet over the base
of the sign.
c.
Spacing of signs. No off-premises advertising
sign shall be erected on the Highway 54 Expressway within one thousand
four hundred (1,400) feet of any other existing off-premises sign
on the same side of the road. Off-premises advertising signs shall
only be permitted within two hundred (200) feet of the nearest edge
of the right-of-way of the Highway 54 Expressway.
d.
Lighting of signs. Illumination of off-premises
advertising signs shall be permitted, subject to the provisions of
Section 226.540, RSMo. Shielding of fixtures is required to mitigate
illumination and glare within adjacent properties.
e.
Location of signs. Off-premises signs located
on the Highway 54 Expressway will only be allowed in areas zoned "C-1,"
"C-2," "I-1," and "I-2."
7.
Permits.
a.
The Building Official shall not issue a permit as required under
this Article, without a permit having first been issued by the Missouri
Department of Transportation and filed with the Building Department.
b.
A one-time permit fee of five hundred dollars ($500.00) shall
be charged for new off-premises sign installations. Fees for off-premises
sign permits cover costs associated with including the sign in the
City's GIS system and the City's review for compliance with wind loading,
spacing, electrical requirements, and other applicable building, zoning,
and engineering codes of the City of Osage Beach. No annual fees are
required.
[R.O. 2006 §405.370(I); CC 1985 §27-107; Ord. No. 87.28 Art. VII §G, 10-1-1987; Ord. No. 90.24 §1, 8-2-1990; Ord. No. 91.30 §2, 11-21-1991; Ord. No. 93.02 §1, 1-21-1993; Ord. No. 93.44 §1, 10-21-1993; Ord. No. 94.43 §§1
— 2, 10-20-1994; Ord. No. 96.05 §2, 3-7-1996; Ord. No. 98.28 §§1 — 3, 8-20-1998; Ord. No. 99.31 §1, 11-18-1999; Ord. No. 01.01 §§2 — 3, 1-18-2001; Ord. No. 05.44 §4, 9-15-2005; Ord. No. 13.57 §5, 9-19-2013; Ord. No. 16.81 §§1 — 2, 11-3-2016]
A.
Any sign which was lawfully erected or affixed prior to November
18, 1999, and complied with all regulations in force at the time it
was erected or affixed, but fails to conform to all applicable regulations
and restrictions of this Article shall be considered a legal non-conforming
sign. A legal non-conforming sign may be continued and shall be maintained
in good condition, but shall not be:
1.
Structurally altered (except to meet safety requirements) so
as to prolong the life of the sign. The type of materials used in
the construction of the sign shall not be changed after the date the
sign becomes non-conforming.
2.
Altered so as to increase the degree or extent of the non-conformity
of the sign.
3.
Expanded in size or modified to include additional sign faces
or lighting.
4.
Relocated or moved.
5.
Repaired by expenditure of more than fifty percent (50%) of
the depreciated value of the sign, excluding foundation(s), for materials
and/or labor for repair on any deteriorated or damaged non-conforming
sign in any continuous 12-month period. Upon request for a sign permit,
the Building Official may request substantiating information or documentation
sufficient to determine the percentage of value expended for repair.
The Public Works Director is the final authority in determining depreciated
value. Any appeal alleging that an error exists in the City Building
Official or Public Works Director's judgment or calculation(s) will
be reviewed by the City's Board of Adjustment.
6.
Abandoned or discontinued signs. This occurs
when:
a.
The sign advertises services or products no longer available
to the public and/or can no longer be obtained at the business or
destination illustrated on the sign face.
b.
The sign, for a continuous period of twelve (12) months or longer,
is maintained without an advertising message. This includes a sign
with a message which is partially destroyed so as not to identify
a product, service, or destination; a sign which is blank or painted
out; or a sign with a message consisting of advertisement of rental
of the sign space or any other sign space.
[1]
Editor's Note — A fee for directional signs was approved
by the voters on April 6, 1993.
[Ord. No. 16.81 §§1 —
2, 11-3-2016]
This Chapter and the various components, Articles, Sections,
Subsections, sentences and phrases are hereby declared to be severable.
If any court of competent jurisdiction shall declare any part of this
Chapter to be unconstitutional or invalid, such ruling shall not affect
any other provision of this Chapter not specifically included in said
ruling.
