[R.O. 2012 §405.725; Ord. No. 3664 §1, 8-8-2011]
A.
The
purpose of this Article is to promote the general health and welfare
of the citizens of and visitors to the City of Union while at the
same time respecting and recognizing the rights and legitimate business
interests of residents and businesses located and/or advertising within
the corporate limits of the City of Union. In developing and adopting
this Article and the regulations contained herein, the City has considered,
among other factors, the following:
1.
The safe operation of motor vehicles;
2.
Pedestrian safety;
3.
The need to promote commercial and industrial activity and development
within the City of Union and the State of Missouri;
4.
Rules, regulations and court decisions pertaining to State and Federal
control of advertising along and adjacent to interstate and primary
highways;
5.
Constitutionally recognized rights of free speech;
6.
The need to minimize visual pollution within the City of Union and
the State of Missouri;
7.
The affect which dangerous signs of all types could potentially have
on persons and property located within the City of Union;
8.
The varying degrees of burden placed upon the administrative staff
of the City of Union caused by the wide range of possible signage;
9.
The rights vested in persons or entities with regard to existing
signage; and
10.
Property interest and enjoyment rights possessed by residential,
commercial and industrial property owners.
[R.O. 2012 §405.730; Ord. No. 3664 1, 8-8-2011]
With regard to the use and implementation of this Article, any
specific provision shall control and have precedence over any more
general provision. Unless a sign is specifically permitted in a district,
it is therefore prohibited in said district.
[R.O. 2012 §405.735; Ord. No. 3664 §1, 8-8-2011]
A.
No
sign shall be erected, constructed, posted, painted, altered, maintained,
or relocated, until a permit has been issued by the City Engineer
or other designated officer. Before any permit is issued, an application,
provided by the City Engineer or other designated officer, shall be
filed, together with drawings and specifications as may be necessary
to fully advise and acquaint the City Engineer or other designated
officer with the location, construction, materials, manner of illuminating,
and securing or fastening, and the wording or delineation to be carried
on the sign. The application shall be accompanied by the written consent
of the owner or lessee of the premises upon which the sign is to be
erected and, if necessary, verification from the County Assessor that
the real estate upon which the sign is to be placed is assessed as
commercial real property. All signs shall conform to City ordinances
and State and Federal laws. No sign shall be placed along or adjacent
to any interstate or primary highway without first receiving a permit
therefore from the appropriate State and/or Federal agency.
1.
All signs that are to be illuminated by one (1) or more sources of artificial light and all changeable copy signs, electronic changeable copy signs, electronic graphic display signs, multi-vision signs, video display signs, and time and temperature signs shall require a separate electrical permit and inspection. All said signs shall, in addition, be subject to the provisions of the building codes adopted in Chapter 500 of this Code and permit fees required thereunder.
B.
No
sign shall be approved for use unless it has been inspected by the
City Engineer issuing the permit and is found to be in compliance
with all the requirements of this Article and all applicable building
codes.
C.
No
sign shall be located, erected or constructed in any 100-year floodplain
zone, as indicated on the City of Union Floodplains Map, without documentation
from the appropriate Federal agency that the erection or construction
of same is permissible and has been approved, if necessary, by the
appropriate Federal agency. Such documentation, if required, must
be submitted with the application.
D.
The
applicant for any permit required hereunder must submit with the application
proof that all real and personal property taxes have been paid for
all property located within the City of Union owned by the applicant
and the owner of the property upon which the sign is to be placed
or erected.
E.
Any
application for a living sign permit shall include the name and address
of the persons bearing said signs and the permission of the property
owner for any off-premise use. This requirement shall be an ongoing
requirement and shall require updating by the applicant should the
bearer of the sign or location change.
F.
On-premise
temporary special event signs shall require no permit, but shall meet
all other conditions of this Chapter. Off-premise temporary special
event signs shall require a permit but no fee. Written proof of consent
of the property owner shall be provided to the City for off-premise
temporary special event signs, and the signs shall meet all other
conditions of this Chapter. No one (1) parcel may have more than five
(5) off-premise temporary special event signs at any time. Sign area,
size and height limits shall be the same as the freestanding sign
requirements for the underlying zoning district in which the sign
is located.
G.
On-premise
temporary signs, including, but not limited to, private sale or "garage
sales", shall require no permit, but shall meet all other conditions
of this Chapter. Off-premise temporary signs, including, but not limited
to, private sale or "garage sale" signs, shall require a permit. Written
proof of consent of the property owner shall be provided to the City
for off-premise temporary signs, and the signs shall meet all other
conditions of this Chapter. No one (1) parcel may have more than five
(5) off-premise temporary signs at any time. No sale or event shall
be allowed to erect more than five (5) signs within the City limits.
Sign area, size and height limits shall be the same as the freestanding
sign requirements for the underlying zoning district in which the
sign is located.
H.
Seasonal
signage, Christmas, Thanksgiving, etc., shall be authorized without
City permission in all districts, however, they shall be removed within
fourteen (14) days after the holiday or event.
[R.O. 2012 §405.740; Ord. No. 3664 §1, 8-8-2011]
A.
The
purpose of this Section is to establish fees for the review of applications
and permits required by this Code. The applicant shall make a cash
deposit with the City. No fee shall be required for any on-premise
sign which is painted on an existing window of the structure, for
any temporary special event sign, for any real estate sign or for
any political sign.
1.
Ten dollar ($10.00) minimum permit fee for any sign up to twenty
(20) square feet in area.
2.
Twenty-five dollar ($25.00) permit fee for sign in excess of twenty
(20) square feet in area, except for billboards.
3.
Due to the requirement to have engineering plans reviewed, inspection
of the sign during and after construction, and other safety related
concerns, the permit fee for all billboards shall be an initial five
hundred dollars ($500.00) and such additional amount as may be determined
by the City Engineer or other designated officer but shall in no case
exceed one thousand dollars ($1,000.00).
4.
The fee for a permit for an off-premises temporary sign for a private
sale or "garage" sale shall be three dollars ($3.00) for up to five
(5) locations.
5.
The fees to be charged for the various procedures in this Chapter
shall be non-refundable.
[R.O. 2012 §405.745; Ord. No. 2682 §1, 11-13-2001; Ord. No. 3664 §1, 8-8-2011]
A.
The
following are permitted in residential districts subject to the provisions
of this Article:
1.
Bulletin board sign. One (1) bulletin board sign not exceeding fifty (50) square feet in area when erected upon the premises of a school, church, library, or other permitted institution for the purpose of displaying the name and activities or services therein. Sign area shall be as approved by the City Engineer. Signs greater than twenty (20) square feet shall bear the seal and signature of a design professional. Sign shall be designated to withstand the windload as described in the Building Code, adopted in Chapter 500 of this Code. If sign is to be lighted, electrical diagram must be submitted, also bearing seal and signature of design professional.
2.
Directional signs not exceeding six (6) square feet in area. Directional
signs shall be limited to two (2) signs per establishment.
3.
Nameplate. One (1) nameplate sign not exceeding
one and one half (1½) square feet in area for each dwelling
unit.
4.
Political signs shall not exceed six (6) square feet in area. Such
signs shall be posted only on private property with the permission
of the property owner or lessee.
5.
Private sale or garage signs when erected upon the premises of permitted
single-family, single-family attached, two-family, and multiple-family
residential uses. Said private sale signs shall be removed not later
than seven (7) days after erection.
6.
Real estate signs not exceeding six (6) square feet in area.
7.
Identification signs not exceeding twenty (20) square feet in area
and four (4) feet in height for permitted multiple-family, single-family
attached, planned mobile home, exceeding twelve (12) dwelling units.
One (1) sign shall be permitted for each major entrance provided that
said sign is located a minimum of twenty-five (25) feet from any property
line.
8.
Subdivision sign. One (1) sign per subdivision containing
greater than nine (9) lots or five (5) acres (as designated by preliminary
plat). Sign area not to exceed seventy-five (75) square feet. Sign
must be located a minimum of fifteen (15) feet from all rights-of-way.
Sign must be located on a sign easement.
9.
Temporary special event signs.
10.
Temporary signs.
11.
Vehicle signs are prohibited; however this does not prohibit advertising
on a motor vehicle or trailer that is regularly used for transportation
of goods or people.
[R.O. 2012 §405.750; Ord. No. 2682 §2, 11-13-2001; Ord. No. 3664 §1, 8-8-2011]
A.
The
following are permitted in business and industrial districts subject
to the provisions of this Article.
1.
Awnings or canopy signs over public property when a minimum of eight
(8) foot clearance above the sidewalk or public property is provided,
no signs are affixed to the awning, canopy, or supports and lettering
on said awning does not exceed one (1) foot in height.
2.
One (1) bulletin board sign not exceeding fifty (50) square feet
in area when erected upon the premises of a school, church, library
or other permitted institution for the purpose of displaying the name
and activities or services therein. Sign area shall be as approved
by the City Engineer. Signs greater than twenty (20) square feet shall
bear the seal and signature of a design professional. Sign shall be
designed to withstand the windload as described in the Building Code.
If sign is to be lighted, electrical diagram must be submitted, also
bearing seal and signature of design professional.
3.
One (1) commercial center sign not exceeding one hundred (100) square feet in area when erected pursuant to plans as originally submitted pertaining to a planned shopping center development or planned industrial development pursuant to the requirements of this Article. See Section 405.760 of this Article.
4.
One (1) construction sign not exceeding thirty-two (32) square feet
in area and ten (10) feet in height. Said construction signs shall
be removed when the construction activity has been completed or abandoned.
5.
Directional signs not exceeding eight (8) square feet in area. Directional
signs shall be limited to two (2) signs per establishment.
6.
One (1) identification sign per premises not exceeding fifty (50)
square feet in area.
7.
One (1) changeable copy sign, electronic changeable copy sign, electronic graphic display sign, multi-vision sign, video display sign, and time and temperature sign shall be allowed only in "B-1" and "B-2" Districts and only as a conditional use subject to the requirements of Section 405.640 et seq. of the Union City Code.
8.
Marquee signs in "B-1" Districts, when erected on the premises of
a use permitted within that district and when not exceeding forty
(40) square feet in area.
9.
No sign, other than billboards which are controlled as hereinafter
set forth, shall be placed within fifteen (15) feet of the right-of-way
of any public street within the "B-2" District because of safety concern.
These signs must comply with State Highways and Transportation Commission
rules and regulations.
10.
In all business and industrial districts except for "B-2" District,
pole signs not exceeding fifty (50) square feet in area, and thirty-five
(35) feet in height and set back from all street rights-of-way a minimum
of fifteen (15) feet. In the "B-2" District, pole signs not exceeding
two hundred (200) square feet in area, and forty (40) feet in height
set back from all street rights-of-way a minimum of fifteen (15) feet.
In all cases, the top of the sign shall be included in the height
requirement.
11.
Political signs shall not exceed six (6) square feet in area. Such
signs shall be posted only on private property with the permission
of the property owner or lessee.
12.
Projecting signs in "B-1" Districts, when erected on the premises
of a use permitted within that district and when not projecting more
than six (6) feet; provided further, that on a paved public right-of-way
said sign does not project beyond a point one (1) foot back from any
curb line. In addition, said sign shall be installed in such a manner
as to not interfere with motor vehicles or pedestrians.
13.
Private sale or garage sale signs when erected upon the premises
of single-family, single-family attached, two-family, and multiple-family
residential uses. Said private sale signs shall be removed not later
than seven (7) days after erection.
14.
Real estate signs not exceeding twelve (12) square feet in area.
15.
Wall signs shall not exceed fifteen percent (15%) of the total wall
area to which the sign is affixed.
16.
Window signs in "B-1" and "B-3" Districts when erected on the premises
of a use permitted within those districts and not exceeding six (6)
square feet in area. Window signs shall not be illuminated.
17.
Signs which display only the name, logo and information of the business
occupying the building.
18.
On-premise balloon sign. One (1) sign per location.
19.
Vehicle signs are prohibited; however, this does not prohibit advertising
on a motor vehicle or trailer that is regularly used for transportation
of goods or people.
20.
Signs for sexually oriented business as defined by Union Municipal
Code:
a.
Signs shall be no greater than one (1) square foot of sign per one
(1) foot of wall length, not to exceed a total of fifty (50) square
feet; said sign shall not flash, blink or move by mechanical means.
b.
Sign shall not extend above the roof line of the building.
c.
Said sign shall not exceed eight (8) feet in height from ground level.
d.
One (1) sign per premise.
e.
Wall mounted on the front facade facing the street.
f.
No merchandise, symbol or pictures of products or entertainment on
the premises shall be displayed in window areas or on any sign or
any area where such merchandise or pictures can be viewed from the
exterior of the building. No flashing lights and/or lighting which
leaves the impression of motion or movement shall be permitted.
g.
No temporary signs shall be allowed.
21.
Retail development monument signs. Monument signs for retail developments shall be allowed only by conditional use permit pursuant to the procedure set forth in Section 405.685 of the Union City Code. Said sign shall not be erected on any parcel or premise that has an existing monument or other freestanding sign. The maximum area of a double-faced sign, including the masonry base, shall be four hundred (400) square feet. The area of a single face on a double-sided sign shall not exceed one-half (½) of the maximum area. The maximum area of a single-faced monument sign, again including the masonry base, shall be one-half (½) of the maximum area permitted for a double-faced monument sign on the same lot. Said monument sign shall be located on an easement granted by the property owner for said purpose and any one (1) landowner may only grant one (1) such easement.
22.
A living sign is allowed only on the premises of the business that
is being advertised. The sign area (not including the human being
or animal) shall not exceed nine (9) square feet in size and only
one (1) living sign shall be allowed at any one (1) location. If a
business has more than one (1) location and wishes to have more than
one (1) living sign, a separate permit is required for each location.
In no event shall the living sign be allowed within six (6) feet of
any right-of-way of any street or road within the City or within ten
(10) feet of the paved surface of any such street or road. Any failure
to comply with these regulations shall result in the immediate suspension
or revocation of the sign permit at the particular location where
the violation occurs.
23.
Billboards. The erection, construction and placement
of billboards shall be subject to the following regulations. These
regulations are in addition to all other requirements and regulations
contained in this Article unless specifically excluded from any particular
provision.
a.
Billboards shall only be allowed in areas which are zoned commercial
or industrial and on property which touches or is adjacent to interstate
or primary highways as such terms are defined by Missouri law. In
no event shall billboards be permitted at a distance greater than
six hundred sixty (660) feet from the right-of-way of an interstate
or primary highway.
b.
No billboard shall be erected closer than five hundred (500) feet
from any area zoned "R-1," "R-1A," "R-2," "R-3" or "R-4."
[Ord. No. 4131 § 3, 8-14-2017]
c.
Billboards shall be orientated toward traffic on the interstate or
primary highway which is adjacent to the property upon which the billboard
is situated.
d.
No billboard shall be erected closer than five hundred (500) feet
from any area zoned "R-1", "R-2", "R-3" or "R-4".
e.
No billboard shall be erected closer than five hundred (500) feet
from any residential structure.
f.
No billboard shall be erected within five hundred (500) feet of any
church, school, public building or structure (to include, but not
necessarily limited to, government centers, libraries or stadiums).
g.
No billboard shall be erected within five hundred (500) feet of any
historical site or historical district so designated by the Federal,
State or City Government.
h.
No billboard shall be erected within one hundred (100) feet of any
on-premises freestanding or pole sign.
i.
No billboard shall be erected within five hundred (500) feet of an
interchange or intersection at grade. Such five hundred (500) feet
shall be measured from the beginning or ending of the pavement widening
at the exit or entrance to the main traveled highway.
j.
The surface size of any billboard shall not exceed the size restrictions
set forth in Section 226.540(2), RSMo., as amended.
k.
The maximum height of a billboard shall be seventy-five (75) feet
above the surface level of the adjoining interstate or primary highway.
l.
(1)
Electronic message centers (EMC).
(a)
Duration. The full off-premises sign image
or any portion thereof must have a minimum duration of one (1) minute
and must be a static display. No portion of the image shall flash,
scroll, twirl, change color or in any matter imitate movement.
(b)
Video display. No portion of any billboard
may change its message or background in a manner or by a method of
display characterized by motion or pictorial imagery, or depicts action
or a special effect to imitate movement, or the presentation of pictorials
or graphics displayed in a progression of frames that give the illusion
of motion or the illusion of moving objects, moving patterns or bands
of light or expanding or contracting shapes.
(c)
Transition. Where the full billboard image
or any portion thereof changes, the change shall be instantaneous
without dissolving, growing, melting, traveling up or down scrolling,
fading or any other movement in text.
(d)
Brightness. The brightness of EMC signs 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 EMCs is five thousand (5,000) NIT (candela
per square meter) as measured from the sign's face perpendicular to
the rays of the source at maximum brightness during daylight hours
and five hundred (500) NIT during non-daylight hours. The lighting
and other specifications for a proposed EMC billboard shall be submitted
with the application for a billboard sign to incorporate an EMC.
(e)
Fluctuating or flashing illumination. No portion
of any billboard may fluctuate in light intensity or use intermittent
strobe or moving light or light that changes in intensity in sudden
transitory bursts, streams, zoom, twinkles, sparkles or that in any
manner creates the illusion of movement.
(f)
Public service announcements. In emergency
situations, EMC billboards shall accommodate emergency management
system (EMS) requests for display of public service announcements
including, but not limited to: amber alerts, emergency evacuation
information, or other alerts approved by the City of Union.
(g)
Conversion. All conversions of existing static
billboard (traditional) to an EMC billboard must comply with current
code requirements for off-premises advertising in reference to sign
size and height.
(2)
Static billboards (traditional).
(a)
Lighting.
(i)
No revolving or rotating beam or beacon of light
that simulates any emergency light or device shall be permitted as
part of any sign. No flashing, intermittent or moving light or lights
will be permitted except scoreboards and other illuminated signs designating
public service information, such as time, date or temperature or similar
information, will be allowed.
(ii)
External lighting such as floodlights, thin line
and gooseneck reflectors are permitted, provided the light source
is directed upon the face of the sign and is effectively shielded
so as to prevent beams or rays of light from being directed into any
portion of the main traveled way of the interstate or Federal-aid
primary highway and 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.
(iii)
No sign shall be so illuminated that glare interferes
with the effectiveness of, or obscures, an official traffic sign,
device or signal, nor shall the illumination be directed toward any
residential area, whereby producing glare.
(iv)
The maximum average lighting intensity level for
such sign shall be twenty (20) foot-candles.
m.
No billboard shall have wind-activated elements or any similar component
which might tend to interfere with the safe operation of motor vehicles.
n.
No billboard, whether lighted or not, shall be erected so as to obscure
or interfere with a driver's operation of a motor vehicle or in any
other manner constitute a safety hazard. Any billboard which is erected
in accordance with the provisions of this Article and which shall
at any time thereafter be found to obstruct vision or constitute a
safety hazard as may be determined by the Board of Aldermen shall
be removed. The removal of any such billboard shall only occur after
a hearing before the Board of Aldermen wherein the owner of any such
billboard shall be given the opportunity to be heard. If the Board
of Aldermen, after viewing all the evidence submitted, finds that
any such billboard obstructs visions and/or in any other manner constitutes
a safety hazard, the owner thereof shall be given sixty (60) days
to remove the offending billboard. Appeals from the finding by the
Board of Aldermen shall be controlled as hereinafter set forth.
o.
No billboard shall be erected within one thousand four hundred (1,400)
feet of another billboard.
p.
Permits.
(1)
The City shall not issue a permit for any new billboards without
a permit having first been issued by the Highway and Transportation
Department.
(2)
The City shall charge an initial permit fee of five hundred
dollars ($500.00) for initial inspection to assure compliance with
the City wind load and electrical requirements when the sign is first
erected.
(3)
Before a permit is issued, the applicant shall submit the following
certification from the appropriate licensed professional regarding
the following: Certification from a licensed engineer that the soil
and subsoil surface is capable of accepting the projected loads; certification
from an electrical engineer as to the electrical portion of the sign;
certification from a structural engineer as to the structural strength
of the sign and certified outboundary survey of the site and its setback/clearance
zone.
(4)
Before a permit is issued, the applicant shall submit a sign
survey to indicate the relative vertical and horizontal distances
between the proposed sign and all other pole-mounted signs within
one thousand (1,000) feet. If by reason of height, size or spacing
the proposed sign creates a significant disharmony with pole-mounted
signs within one thousand (1,000) feet or unreasonably detracts from
the visibility of other neighboring signs or properties, the City
Engineer may require reasonable modifications of the sign's dimensions
to cure such deficiencies as a condition to granting a permit.
(5)
Annual inspection and biennial certification. All billboards shall have an annual inspection to verify compliance
with all applicable City land use standards and owners of all billboards
erected shall be required to submit an inspection report from a Missouri
licensed engineer as to the sign's structural integrity once every
two (2) years. Such certification shall be done on or before June
first (1st) of said year. Failure to submit a report shall result
in the immediate revocation of the sign's permit.
24.
Temporary signs.
25.
Temporary special event signs.
[R.O. 2012 §405.755; Ord. No. 3664 §1, 8-8-2011]
A.
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 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", "Danger", or any
other words, phrases, symbols or characters in such a manner as to
interfere with, mislead or confuse traffic.
B.
Any
attached sign shall be limited to the maximum building height established
for the district in which it is located.
C.
No
business sign shall be permitted within fifty (50) feet of any residential
district, without prior written approval of the Board of Aldermen,
except for "billboard" which shall be subject to the aforestated regulations.
D.
Signs
erected flat against the walls of buildings shall not project horizontally
more than six (6) inches. Where signs are permitted within three (3)
feet of a driveway or parking area, there shall be a clearance of
fourteen (14) feet above finished grade.
E.
No
sign shall be erected or maintained so as to prevent free ingress
and egress from any door, window or fire escape. No sign of any kind
shall be attached to a standpipe or fire escape.
F.
All
signs permitted under this Chapter, whether permanent or temporary,
shall at all times be maintained in a safe, presentable and good condition,
including the replacement of defective parts, repainting, cleaning,
and other acts required for the proper maintenance of said sign.
G.
Freestanding
signs in "B-3" Neighborhood Business Districts shall not exceed more
than thirty-five (35) feet above the elevation of the adjacent street
or elevation of the average finished ground elevation along the side
of the building on the property facing the street, whichever is higher.
H.
No
sign whether permanent or temporary shall be erected or affixed to
utility or telephone poles, light standards, or other similar fixtures.
No sign whether permanent or temporary shall be erected or placed
within the right-of-way of any street, highway or alley.
I.
Any
sign, which is damaged by any act of nature or vandalism to the extent
of more than sixty percent (60%) of its replacement value, must be
repaired within sixty (60) days of notice or removed.
J.
Off-premises
abandoned signs and on-premises abandoned signs shall be removed within
thirty (30) days after such abandonment by the sign owner, owner of
the property where the sign is located or other party having control
over the sign. A sign shall be considered abandoned if:
1.
In the case of on-premises abandoned signs, for a period of three
(3) consecutive months the sign advertises a service, product or activity
that is no longer being conducted or offered on said premises.
2.
In the case of off-premises abandoned signs, for a period of six
(6) consecutive months the sign advertises a service, product or activity
that is no longer being conducted or offered.
3.
In the case of off-premises abandoned signs, for a period of twelve
(12) consecutive months the sign is blank. For the purposes of this
Section, a sign is considered blank if:
K.
No
temporary special event sign shall be placed or erected more than
six (6) weeks before the event and all such signs shall be removed
no later than five (5) days after the event.
L.
Basic Design Elements For Specific Signs.
1.
Electronic changeable copy sign. Electronic changeable
copy signs must meet the following standards.
a.
Location. The sign must be located on the site of
the use identified or advertised by the sign;
b.
Setback from residential. The leading edge of the
sign must be a minimum distance of one hundred (100) feet from an
abutting residential district boundary;
c.
Setback from other electronic changeable copy, electronic
graphic display or video display signs. Electronic changeable
copy signs must be separated from other electronic changeable copy
signs, electronic graphic display signs or video display signs by
at least thirty-five (35) feet;
d.
Orientation. When located within one hundred fifty
(150) feet of a residentially-used lot in a residential zone, all
parts of the electronic changeable copy sign must be oriented so that
no portion of the sign face is visible from an existing or permitted
principal structure on that lot;
e.
Duration. In non-residential districts, any portion
of the message must have a minimum duration of eight (8) seconds and
must be a static display. In residential districts, any portion of
the message must have a minimum duration of one (1) hour and must
be a static display. In all districts, no portion of the message may
flash, scroll, twirl, change color, fade in or out or in any manner
imitate movement;
f.
Color. In residential districts, any portion of
the message must use an amber color;
g.
Limited text. The text of the sign must be limited
to ten (10) words to allow passing motorists to read the entire copy
with minimal distraction; and
h.
Audio or pyrotechnics. Audio speakers or any form
of pyrotechnics are prohibited in association with an electronic changeable
copy sign.
2.
Video display sign. Video display signs must meet
the following standards.
a.
Location. The sign must be located on the site of
the use identified or advertised by the sign;
b.
District limitations. The sign must not be located
in a residential district;
c.
Setback from residential. The leading edge of the
sign must be a minimum distance of one hundred (100) feet from an
abutting residential district boundary;
d.
Setback from other electronic graphic display, electronic
changeable copy or video display signs. Video display signs
must be separated from other electronic graphic display, electronic
changeable copy signs or video display signs by at least thirty-five
(35) feet;
e.
Orientation. In all districts, the video display
sign must be oriented so that no portion of the sign face is visible
from an existing or permitted principal structure on any residential
lot; from any traveled highway, street, driveway or internal access
way; or from any park;
f.
Brightness. The sign must not exceed a maximum illumination
of five thousand (5,000) nits (candelas per square meter) during daylight
hours and a maximum illumination of five hundred (500) nits (candelas
per square meter) between dusk to dawn as measured from the sign's
face at maximum brightness;
g.
Dimmer control. Video display signs must have an
automatic dimmer control to produce a distinct illumination change
from a higher illumination level to a lower level for the time period
between one-half (½) hour before sunset and one-half (½)
hour after sunrise; and
h.
Audio or pyrotechnics. Audio speakers or any form
of pyrotechnics are prohibited in association with a video display
sign.
3.
Electronic graphic display sign. Electronic graphic
display signs must meet the following standards.
a.
Location. The sign must be located on the site of
the use identified or advertised by the sign;
b.
Limitations. The sign must not be located in a residential
district;
c.
Setback from residential. The leading edge of the
sign must be a minimum distance of one hundred (100) feet from an
abutting residential district boundary;
d.
Setback from other electronic graphic display, electronic
changeable copy or video display signs. Electronic graphic
display signs must be separated from other electronic graphic display,
electronic changeable copy signs or video display signs by at least
thirty-five (35) feet;
e.
Orientation. When located within one hundred fifty
(150) feet of a residentially-used lot in a residential zone, any
part of the electronic graphic display sign must be oriented so that
no portion of the sign face is visible from an existing or permitted
principal structure on that lot;
f.
Duration. In all districts, any portion of the image
must have a minimum duration of twenty (20) minutes and must be a
static display. No portion of the image may flash, scroll, twirl,
change color, or in any manner imitate movement;
g.
Audio or pyrotechnics. Audio speakers or any form
of pyrotechnics are prohibited in association with an electronic graphic
display sign.
h.
Brightness. The sign must not exceed a maximum illumination
of five thousand (5,000) nits (candelas per square meter) during daylight
hours and a maximum illumination of five hundred (500) nits (candelas
per square meter) between dusk to dawn as measured from the sign's
face at maximum brightness; and
i.
Dimmer control. Electronic graphic display signs
must have an automatic dimmer control to produce a distinct illumination
change from a higher illumination level to a lower level for the time
period between one-half (½) hour before sunset and one-half
(½) hour after sunrise.
j.
Audio or pyrotechnics. Audio speakers or any form
of pyrotechnics are prohibited in association with an electronic graphic
display sign.
4.
Multi-vision signs. Multi-vision signs must meet
the following standards.
a.
Location. The sign must be located on the site of
the use identified or advertised by the sign;
b.
District limitations. The sign must not be located
in a residential district;
c.
Setback from residential. The leading edge of the
sign must be a minimum distance of one hundred (100) feet from an
abutting residential district boundary;
d.
Setback from other multi-vision signs. Multi-vision
signs must be separated from other multi-vision signs by at least
thirty-five (35) feet;
e.
Orientation. When located within one hundred fifty
(150) feet of a residentially-used lot in a residential zone, any
part of the multi-vision sign must be oriented so that no portion
of the sign face is visible from an existing or permitted principal
structure on that lot;
f.
Duration. In all districts, any image or message
or portion thereof must have a minimum duration of eight (8) seconds
and must be a static display. Transition time must be no longer than
two (2) seconds; and
g.
Default mechanism. All multi-vision signs must be
equipped with a properly functioning default mechanism that will stop
the sign in one (1) position should a malfunction occur.
h.
Audio or pyrotechnics. Audio speakers or any form
of pyrotechnics are prohibited in association with a multi-vision
sign.
5.
Time and temperature sign. Time and temperature
signs must meet the following standards.
a.
Location. The sign must be located on the site of
the use advertised or identified by the sign;
b.
District limitations. The sign must not be located
in a residential district;
c.
Duration. Time and temperature signs must have a
minimum display duration of two (2) seconds that is static during
each individual message. No portion of the message may flash, scroll,
twirl, change color, fade in or out or in any manner imitate movement;
and
d.
Audio or pyrotechnics. Audio speakers or any form
of pyrotechnics are prohibited in association with a time and temperature
sign.
6.
Rotating signs. No sign shall have rotating or moving
parts that revolve at a speed in excess of seven (7) revolutions per
minute.
[R.O. 2012 §405.760; Ord. No. 3664 §1, 8-8-2011]
A.
Business Signs — Freestanding. Subject to other provisions
of this Article, each developed lot may have no more than one (1)
freestanding business sign facing each roadway on which the lot has
frontage regardless of the number of buildings upon the lot. However,
each building, regardless of the number of lots upon which it may
be located, shall have no more than one (1) freestanding business
sign facing each roadway on which its lot or lots has frontage. For
the purpose of this regulation, an aggregation of two (2) or more
structures connected by a wall, fire wall, facade or other structural
element, except for a sidewalk, shall constitute a single building.
No freestanding business sign except for authorized pole signs or
billboards shall exceed one hundred (100) square feet in outline area
per facing; nor exceed a width of fifteen (15) feet; nor extend more
than thirty (30) feet above the elevation of the adjacent street or
elevation of the average finished ground elevation along the side
of the building on the property facing the street, whichever is higher.
B.
A project
information sign shall be permitted at each main entrance to a planned
commercial, industrial or subdivision development. The sign may include
the name or logo or both of the development or a particular development
on an approved preliminary subdivision plat or site development concept
plan, site development section plan, or site development plan.
C.
In
buildings containing multiple tenants, the owner of such building
may assign smaller or greater percentages of wall area coverage for
attached signs to each tenant. However, the total outline area of
all attached business signs, including signs identifying a building
or project, shall not exceed five percent (5%) of the area of the
wall to which they are attached, except as provided below. In cases
where five percent (5%) of the wall area has been utilized for signs
for one (1) or more businesses, any additional new business occupying
a portion of the same building shall not be denied attached business
signs. The new business shall be permitted attached business signs
not exceeding five percent (5%) of the portion, on any two (2) walls,
that are exterior walls of the particular part of the building occupied
by that business.
[R.O. 2012 §405.765; Ord. No. 3664 §1, 8-8-2011]
A.
Legally
existing signs which do not conform with the provisions of this Article
may continue to be maintained and used, but shall not be permitted
to be altered, enlarged, extended or relocated except in conformity
with these provisions. If a non-conforming sign is damaged to the
extent of more than sixty percent (60%) of its replacement value,
it shall not be restored except in conformity with the requirements
and regulations of this Article.
B.
For
the purposes of this Article, any sign which is in existence at the
time this Article is adopted, but interferes with or obstructs traffic
or in any other manner poses a safety hazard shall not be considered
to be a legally existing sign.
C.
Off-premises
abandoned signs and on-premises abandoned signs that were non-conforming
signs shall be removed within thirty (30) days after such abandonment
by the sign owner, owner of the property where the sign is located
or other party having control over the sign. A sign shall be considered
abandoned if:
1.
In the case of on-premises abandoned signs, for a period of three
(3) consecutive months the sign advertises a service, product or activity
that is no longer being conducted or offered on said premises.
2.
In the case of off-premises abandoned signs, for a period of six
(6) consecutive months the sign advertises a service, product or activity
that is no longer being conducted or offered.
3.
In the case of off-premises abandoned signs, for a period of twelve
(12) consecutive months the sign is blank. For the purposes of this
Section, a sign is considered blank if:
[R.O. 2012 §405.770; Ord. No. 3664 §1, 8-8-2011]
A.
Permit Refusal/Revocation. The City Engineer shall refuse
a permit for any sign that does not comply with the requirements of
this Code and may revoke any permit:
B.
Sign Repair And Removal And Code Enforcement.
1.
City Engineer shall have the authority to take such action as may
be necessary to enforce this Code, including the painting, repair,
alteration, replacement, condition abatement or removal of any sign
that:
a.
Has not been properly maintained or repaired.
b.
Has become faded, dilapidated or is abandoned.
c.
Does not have the required permit.
d.
Is unsafe, hazardous or constitutes a public nuisance.
e.
Violates any of the provisions of this Code, the zoning ordinance
or any technical code or regulation.
2.
If any sign is deemed to require any such action, the City Engineer
shall issue an order to the applicant, the property owner and the
business owner, if applicable, notifying such persons of the Code
violation(s) or other deficiency and demanding that the offending
condition be remedied within a prescribed time. If the order is not
complied with on a timely basis, the City Engineer shall take such
action(s) as deemed necessary, at the expense of the property owner,
and in such event all costs associated with the City's action(s) shall
become a lien on the property, which such lien may be certified to
the Franklin County Recorder of Deeds by the City Clerk.
3.
The City Engineer or any Law Enforcement Officer shall also have
the authority to issue a court summons for any signs which do not
have the required permit or are unsafe, hazardous or constitute a
public nuisance and may remove such signs as deemed necessary at the
expense of the property and/or sign owner. Any sign erected or affixed
to utility or telephone poles, light standards, or other similar fixtures
or erected or placed within the right-of-way of any street, highway
or alley shall be presumed a nuisance and shall be subject to immediate
removal.
4.
Signs removed, pursuant to this Section, shall be retained for a
period of fourteen (14) days and shall be returned to the owner upon
payment of the expenses of removal. If not claimed within that time,
they shall become the property of the City and may be destroyed or
sold for the payment of the expense of removal. If sold, any excess
from the proceeds of the sale shall be returned to the owner.
C.
Appeals. The City Engineer's rulings may be appealed to
the Board of Aldermen by any aggrieved person within thirty (30) days
of said ruling. The Board of Aldermen shall have the authority to
grant variances from the requirements and restrictions of this Chapter,
provided the Board determines that:
1.
Compliance with the applicable provision of this Chapter would impose
unnecessary non-economic hardship or unwarranted practical difficulty
on a particular property; and
2.
The requested modification will provide a result that is aesthetically
equal to or superior to that which would be allowed through the strict
application of the relevant provision; and
3.
Strict compliance with the relevant provision is not necessary to
promote the general spirit and intent of this Chapter.
D.
Right Of Entry. Upon presentation of proper credentials,
the City Engineer or any Law Enforcement Officer may enter any building,
structure, property or premises to perform any duty or to enforce
any regulation imposed by this Code.
