[Ord. No. 2011-83 §1, 9-15-2011]
The purpose of this Article is to protect the safety and orderly
development of the community through the regulation of signs and sign
structures.
[Ord. No. 2011-83 §1, 9-15-2011]
The following words and terms shall, for the purposes of this
Article and as used elsewhere in this Code, have the meanings shown
herein.
A sign structure that has ceased to be used, and the owner
intends no longer to have used, for the display of sign copy, or the
sign is for a business that has not been transacting business for
more than ninety (90) days, or as otherwise defined by State law.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this Code, include the following types:
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ELECTRICALLY ACTIVATED — Animated signs producing the
illusion of movement by means of electronic, electrical or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one (1) or both of the classifications noted
below:
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1.
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FLASHING — Animated signs or animated portions of signs
whose illumination is characterized by a repetitive cycle in which
the period of illumination is either the same as or less than the
period of non-illumination. For the purposes of this Article, "flashing" will not be defined as occurring if the cyclical
period between on-off phases of illumination exceeds four (4) seconds.
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2.
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PATTERNED ILLUSIONARY MOVEMENT — Animated signs or animated
portions of signs whose illumination is characterized by simulated
movement through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns or
graphics designed to appear in some for a of constant motion.
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ENVIRONMENTALLY ACTIVATED — Animated signs or devices
motivated by wind, thermal changes or other natural environmental
input. Includes spinners, pinwheels, pennant strings, and/or other
devices or displays that respond to naturally occurring external motivation.
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MECHANICALLY ACTIVATED — Animated signs characterized
by repetitive motion and/or rotation activated by a mechanical system
powered by electric motors or other mechanically induced means.
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Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not include signs as defined herein. See also "AWNING"; "BACKLIT AWNING"; and "CANOPY, ATTACHED
AND FREESTANDING".
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or non-rigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "WALL OR FASCIA SIGN".
An awning with a translucent covering material and a source
of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed
with no enclosing framework.
A sign utilizing a banner as its display surface.
See "OFF-PREMISE SIGN" and "OUTDOOR
ADVERTISING SIGN".
The entire side of a building, from ground level to the roof
line, as viewed perpendicular to the walls on that side of the building.
A multi-sided overhead structure or architectural projection
supported by attachments to a building on one (1) or more sides and
either cantilevered from such building or also supported by columns
at additional points. The surface(s) and/or soffit of an attached
canopy may be illuminated by means of internal or external sources
of light. See also "MARQUEE".
A multi-sided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see Section 405.1550.
A sign with the capability of content change by means of
manual or remote input, including signs which are:
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ELECTRICALLY ACTIVATED — Changeable sign whose message
copy or content can be changed by means of remote electrically energized
on-off switching combinations of alphabetic or pictographic components
arranged on a display surface. Illumination may be integral to the
components, such as characterized by lamps or other light-emitting
devices; or it may be from an external light source designed to reflect
off the changeable component display. See also "ELECTRONIC
MESSAGE SIGN OR CENTER".
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MANUALLY ACTIVATED — Changeable sign whose message copy
or content can be changed manually.
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A sign that is supported partly by a pole and partly by a
building structure.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with Section 405.1610 of this Article.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign with two (2) faces, back to back.
Any sign activated or illuminated by means of electrical
energy.
An electrically activated changeable sign whose variable
message capability can be electronically programmed.
Any sign placed outside a building.
See "WALL OR FASCIA SIGN".
Any flexible substrate, usually attached at one (1) edge
to a staff or cord and used as the symbol of a nation, State, City
or organization may also be imprinted with an advertising message
or design.
See "ANIMATED SIGN, ELECTRICALLY ACTIVATED".
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground. For visual reference, see Section 405.1550.
The length of an exterior building wall or structure of a
single premise orientated to the public way or other properties that
it faces.
The length of the property line(s) of any single premise
along either a public way or other properties on which it borders.
See "FREESTANDING SIGN".
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
A small sign, emblem, or decal, placed within the establishment,
informing the public of goods, facilities, or services available on
the premises, e.g., a credit card sign or a sign indicating hours
of business.
Any sign placed within a building, but not including "window
signs" as defined by this Article. Interior signs, with the exception
of window signs as defined, are not regulated by this Article.
An inclined decorative roof-like projection that is attached
to an exterior building facade.
See "CANOPY (ATTACHED)".
See "CANOPY SIGN".
A freestanding sign orientated to the drive-through lane
for a restaurant that advertises the menu items available from the
drive-through window, and which has no more than twenty percent (20%)
of the total area for such a sign utilized for business identification.
A sign containing three (3) or more faces.
See "OUTDOOR ADVERTISING SIGN".
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or non-commercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
The extension of a building facade above the line of the
structural roof.
See "FREESTANDING SIGN".
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
Any sign not permanently attached to a foundation constructed
in the ground or permanently attached to a building or building surface.
A sign other than a wall sign that is attached to or projects more than eighteen (18) inches (457 mm) from a building face or wall or from a structure whose primary purpose is other than the support of a sign. For visual reference, see Section 405.1550.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign that revolves three hundred sixty degrees (360°)
(6.28 rad) about an axis. See also "ANIMATED SIGN, MECHANICALLY
ACTIVATED".
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, ***SOMETHING MISSING in ordinance original*** pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual reference, and a comparison of differences between roof and fascia signs, see Section 405.1550.
A sign that is so designed to be self-supporting by design.
Often times this sign is of the folding type and when collapsed is
flat in nature, therefore "sandwiches" together. This is an allowable
portable sign that is displayed in front of business during open hours
only.
An apparatus containing a light source and a reflector for
projecting a high-intensity beam or beams of approximately parallel
rays of light. A searchlight is considered to be an advertisement
or an attention-attracting device and is subject to all sign permitting
processes.
Any device visible from a public place that displays either
commercial or non-commercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Non-commercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face. The area of any double-sided or "V" shaped sign shall be the
area of the largest single face only. The area of a sphere shall be
computed as the area of a circle. The area of all other multiple-sided
signs shall be computed as fifty percent (50%) of the sum of the area
of all faces of the sign.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, non-structural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. See Section 405.1550.
In the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of sign structures with routed areas of sign copy,
the sign face shall include the entire area of the surface that is
routed, except where interrupted by a reveal, border, or a contrasting
surface or color.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
Any structure supporting a sign.
See "BANNER".
A sign attached to the underside of a canopy or marquee.
Signs containing two (2) faces of approximately equal size,
erected upon common or separate structures, positioned in a "V" shape
with an interior angle between faces of not more than ninety degrees
(90°) (1.57 rad) with the distance between the sign faces not
exceeding five (5) feet (1,524 mm) at their closest point.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia signs and roof signs, see Section 405.1550.
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property.
[Ord. No. 2011-83 §1, 9-15-2011]
Sign types and the computation of sign area shall be as depicted
in Figures 1003.1(1) through 1003.1(4).[1]
[1]
Editor's Note — Figures 1003.1(1) through 1003.1(4)
are included as Attachment 2 to this chapter.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
Conformance To Codes. Any sign hereafter erected shall conform
to the provisions of this Article and the provisions of the International
Building Code and of any other ordinance or regulation within this
jurisdiction.
B.Â
Signs In Rights-Of-Way. No sign other than an official traffic
sign or similar sign shall be erected within two (2) feet (610 mm)
of the lines of any street, or within any public way, unless specifically
authorized by other ordinances or regulations of this jurisdiction
or by specific authorization of the Code Official.
C.Â
Projections Over Public Ways. Signs projecting over public
walkways shall be permitted to do so only subject to the projection
and clearance limits either defined herein or, if not so defined,
at a minimum height of eight (8) feet (2,438 mm) from grade level
to the bottom of the sign. Signs, architectural projections or sign
structures projecting over vehicular access areas must conform to
the minimum height clearance limitations imposed by the jurisdiction
for such structures.
D.Â
Traffic Visibility. No sign or sign structure shall be erected
at the intersection of any street in such a manner as to obstruct
free and clear vision, nor at any location where by its position,
shape or color it may interfere with or obstruct the view of or be
confused with any authorized traffic sign, signal or device.
E.Â
Computation Of Frontage. If a premises contains walls facing
more than one (1) property line or compasses property frontage bounded
by more than one (1) street or other property usages, the sign area(s)
for each building wall or property frontage will be computed separately
for each building wall or property line facing a different frontage.
The sign area(s) thus calculated shall be permitted to then be applied
to permitted signs placed on each separate wall or property line frontage.
F.Â
Animation And Changeable Messages. Animated signs, except as prohibited in Section 405.1590, are permitted in commercial and industrial zones only. Changeable signs, manually activated, are permitted in all non-residential zones. Changeable signs, electrically activated, are permitted in all non-residential zones.
G.Â
Maintenance, Repair And Removal. Every sign permitted by
this Article shall be kept in good condition and repair. When any
sign becomes insecure, in danger of falling or is otherwise deemed
unsafe by the Code Official, or if any sign shall be unlawfully installed,
erected or maintained in violation of any of the provisions of this
Article, the owner thereof or the person or firm using same shall,
upon written notice by the Code Official forthwith in the case of
immediate danger, and in any case within not more than ten (10) days,
make such sign conform to the provisions of this Article, or shall
remove it. If within ten (10) days the order is not complied with,
the Code Official shall be permitted to remove or cause such sign
to be removed at the expense of the owner and/or the user of the sign.
Temporary signs shall be clean, help taunt, straight and be readable.
H.Â
Obsolete Sign Copy. Any sign copy that no longer advertises
or identifies a use conducted on the property on which said sign is
erected must have the sign copy covered or removed within thirty (30)
days after written notification from the Code Official; and upon failure
to comply with such notice, the Code Official is hereby authorized
to cause removal of such sign copy, and any expense incident thereto
shall be paid by the owner of the building, structure or ground on
which the sign is located.
I.Â
Non-Conforming Signs. Any sign legally existing at the time
of the passage of this Article that does not conform in use, location,
height or size with the regulations of the zone in which such sign
is located shall be considered a legal non-conforming use or structure
and shall be permitted to continue in such status until such time
as it is either abandoned or moved by its owner, subject to the following
limitations:
[Ord. No. 2023-15, 2-27-2023]
1.Â
Structural alterations, enlargement or re-erection are not permissible.
2.Â
Any legal non-conforming sign shall be removed or rebuilt without
increasing the existing height or its area if it is damaged, or will
be removed if allowed to deteriorate to the extent that the cost of
repair or restoration exceeds fifty percent (50%) of the replacement
cost of the sign as determined by the Code Official.
J.Â
Responsible Party. They responsible party for a sign shall
include any or all of the following: the applicant for the sign permit
or the person in charge of erecting the sign or structure are all
subject to the provisions of this Article and therefore subject to
the penalty hereinafter provided.
K.Â
Temporary Signs. All temporary signs shall be considered
to be a banner and subject to banner sign regulations.
L.Â
Searchlights.
1.Â
Searchlights may be permitted in accordance with the following applicable
regulations. A permit for the use of a searchlight, or a searchlight
to be used as an attention-attracting device may be granted under
the following addition regulations.
2.Â
A searchlight shall be located a minimum distance of fifty (50) feet
from a public right-of-way and positioned so as to project all beams
at a minimum angle of forty-five degrees (45°) from grade level.
3.Â
The maximum light intensity generated by searchlights on any premises
may not exceed a total of 1.6 million foot-candle power. No more than
four (4) beams of light may be projected from any premises.
4.Â
All searchlights must be designed and maintained and focused so as
to prevent rays of light from being directed at any portion of the
right-of-way or adjoining property, and no light shall be of such
intensity or brilliance to cause a glare to impair the vision of the
driver of any vehicle, or to create greater than 0.5 foot-candles
at four (4) feet height at the property line.
5.Â
No searchlight may be operated between the hours of 12:00 A.M. and
7:00 A.M.
6.Â
No searchlight may be operated on a premise for more than seven (7)
consecutive days. No permit for a searchlight may be issued for any
business entity for which a permit has been issued for a searchlight
on the same premises within the six (6) month preceding the date of
the permit application.
7.Â
Searchlights may be used in commercial or industrial zones only.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
BANNER SIGN
COMMERCIAL BANNER
COMMUNITY EVENT BANNER
DECORATIVE BANNER
OFF-PREMISES BANNER
ON-PREMISES BANNER
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
A flexible material such as cloth, vinyl, etc., on which
a sign is painted or printed, which is intended to be displayed for
a limited time.
A banner that advertises or calls attention to special events,
promotions, sales or other commercial information associated with
a business located on the premises to which the banner is attached.
A banner that advertises or promotes a community event, such
as Chautauqua.
A banner that depicts seasonal or other decorative pictures,
displays or designs, but does not contain any commercial message or
reference or depict any particular product, services, or business.
A banner which advertises or calls attention to a business,
profession, commodity, services, or other commercial activity which
is not carried on, sold, or offered for sale on the same lot on which
the sign is located.
A banner which advertises or calls attention to a business,
profession, commodity, services, or other commercial activity which
is carried on, sold, or offered for sale on the same lot on which
the banner is located.
B.Â
Banners Prohibited Unless Expressly Permitted.
1.Â
A banner not expressly allowed by this Article is prohibited. The
Article does not apply to political banners or other banners protected
by State and Federal constitutional protections.
2.Â
It shall be unlawful for any person to erect or display, or to cause
to have erected or displayed, a banner within the City without first
obtaining a permit from the Zoning Officer in accordance with the
provisions of this Article unless the banner is specifically exempt
from this Article.
3.Â
It shall be unlawful for any person to erect or display, or cause
to, have erected or displayed, a banner within the City contrary to
the provisions of this Article.
C.Â
Banners When Permitted.
1.Â
Commercial banner. A person may erect or display
a commercial banner for a business on the premises to which the banner
is attached subject to the following limitations:
a.Â
Grand opening banner. This banner may be displayed
for a maximum of thirty (30) days within ninety (90) days of the issuance
of a certificate of occupancy.
b.Â
Coming soon banner. This banner may be displayed
throughout the active construction period. Banner is to be removed
before issuance of certificate of occupancy. Coming soon banner may
be displayed as a ground sign (maximum thirty-two (32) square feet).
c.Â
Promotional banner. This banner may be displayed
for duration of promotional event.
d.Â
Commercial real estate cloth/plastic banner. This
banner may be displayed for up to one (1) year.
e.Â
Change of business banner. This banner is to contain
the new name of the business only and be placed over the old permanent
sign while a new sign is being constructed. This banner may be displayed
for a maximum of ninety (90) days.
f.Â
Permanent substitute banner is a one-time only alternate to an allowed
permanent sign and may be displayed for a maximum of ninety (90) days.
g.Â
Roadway/utility construction banner permit is valid only for the
duration of construction, and shall be removed upon completion of
the roadway or utility project. Banners shall be limited in copy to
reference the situation, i.e., "still open for business", "construction
entrance", etc., cannot be used to announce sales, hiring or specials.
This is not a promotional banner.
h.Â
Commercial banners shall be on-premises banners and shall not be
off-premises unless applicant submits written permission from the
off-premises property owner.
i.Â
A building may have multiple commercial banners, but the total area
of sign coverage, including banners, shall not exceed the limits set
forth in Table 1008.1.1(1).
j.Â
Commercial banners allowed for a building may be attached to a freestanding
sign that is otherwise allowed by the City Zoning Regulations. Such
banners shall be securely attached to the freestanding sign so that
the face of the banner is parallel to the face of the freestanding
sign.
2.Â
Decorative banner. A person may erect or display
on their premises decorative banner(s) which are attached to a pole
or building and do not contain any commercial message and do not exceed
ten (10) square feet in size per banner. Approval to erect or display
more than five (5) such banners, at one (1) time, shall require prior
review and approval from the Planning and Zoning Board.
3.Â
Community event banner. A person may erect or display
a community event banner(s) subject to the following limitations:
4.Â
For purpose of this Section, a banner shall be considered one (1) banner although both sides are used to display a message; the sign area limitations provided in Subsection (C)(5) below shall be the sign area of any one (1) side of the banner.
5.Â
Requirements for all banners.
a.Â
Banners are limited in height to a maximum of thirty (30) feet on
buildings and six (6) feet on poles, and temporary ground signs are
limited to a minimum height of eight (8) feet.
b.Â
Promotional banners are limited to the area limits set forth in Table
1008.1.1(1).
c.Â
Banners must be securely mounted and held taunt.
d.Â
Banners shall be set back a minimum of fifteen (15) feet from street
curb. Temporary ground signs must be a minimum of twenty-five (25)
feet from street curb.
e.Â
Banners may be affixed to vehicles, trailers, skids or similar mobile
structures pursuant to Section 405.1590(5).
f.Â
In the case of a lot with multiple street frontages, the applicant(s)
may display two (2) banners in one (1) permit as long as each banner
is facing a different street.
g.Â
Any banner sign that becomes worn, torn or unreadable shall be replaced
or the City will remove the banner.
h.Â
A banner sign permit is required and an application must be provided
to the Zoning Officer. For promotional banners an annual permit will
be required.
i.Â
Banner signs may not be affixed to any utility pole including telephone,
electric, street and traffic poles unless written permission is granted
by the utility owning the pole, and approved by Zoning Officer.
j.Â
Pendants and streamers shall be considered banners.
k.Â
Banners shall not be roof-mounted or higher than the building on
which it advertises.
l.Â
Banners signs shall not interfere with vehicular or pedestrian traffic.
D.Â
Permit Application And Fees.
1.Â
No commercial, decorative, or community event banner shall be erected
or displayed without a permit issued by the Zoning Officer, unless
classified as an exempt sign.
2.Â
All banner permit applications shall be submitted to the Zoning Officer
on a completed form as approved by the Zoning Officer.
3.Â
The City Council may adopt by resolution a schedule of applications
of fees from time to time in the exercise of its sole discretion.
Until otherwise adopted the fee shall be twenty dollars ($20.00) per
permit.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
The following signs shall be exempt from the provisions of this Article. No sign shall be exempt from Section 405.1560(D).
1.Â
Official notices authorized by a court, public body or public safety
official.
2.Â
Directional, warning or information signs authorized by Federal,
State or municipal governments.
3.Â
Memorial plaques, building identification signs and building cornerstones
when cut or carved into a masonry surface or when made of non-combustible
material and made an integral part of the building or structure.
4.Â
The flag of a government or non-commercial institution, such as a
school.
5.Â
Religious symbols and seasonal decorations within the appropriate
public holiday season.
6.Â
Works of fine art displayed in conjunction with a commercial enterprise
where the enterprise does not receive direct commercial gain.
7.Â
Street address signs and combination nameplate and street address
signs that contain no advertising copy and which do not exceed six
(6) square feet (0.56 m2) in area.
8.Â
Directional auctioneer signs used during the day of auction and directional
real estate signs used the day of open house viewings.
9.Â
Flags with company logo.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
The
following devices and locations shall be specifically prohibited:
1.Â
Signs located in such a manner as to obstruct or otherwise interfere
with an official traffic sign, signal or device, or obstruct or interfere
with a driver's view of approaching, merging or intersecting traffic.
2.Â
Except as provided for elsewhere in this Code, signs encroaching
upon or overhanging public right-of-way. No sign shall be attached
to any utility pole, light standard, street tree or any other public
facility located within the public right-of-way.
3.Â
Signs which blink, flash or are animated by lighting in any fashion
that would cause such signs to have the appearance of traffic safety
signs and lights, or municipal vehicle warnings from a distance.
4.Â
Portable signs.
5.Â
Any sign attached to, or placed on, a vehicle or trailer parked on
public or private property, except for signs meeting all of the following
conditions:
a.Â
The primary purpose of such a vehicle or trailer is not the display
of signs.
b.Â
The signs are magnetic, decals or painted upon an integral part of
the vehicle or equipment as originally designed by the manufacturer,
or taunt and straight banners and do not break the silhouette of the
vehicle.
c.Â
The vehicle or trailer is in operating condition, currently registered
and licensed to operate on public streets when applicable, and actively
used or available for use in the daily function of the business to
which such signs relate.
6.Â
Vehicles and trailers not used primarily as static displays, advertising
a product or service, nor utilized as storage, shelter or distribution
points for commercial products or services for the general public.
7.Â
Balloons, streamers or pinwheels except those temporarily displayed
as part of a special sale, promotion or community event. For the purposes
of this Subsection, "temporarily" means no more than
twenty (20) days in any calendar year.
8.Â
Signs that contain any indecent, obscene, or immoral matter as defined
in Section 573.010, RSMo.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
Identification Signs. Identification signs shall be in accordance with Subsection (A)(1 — 3) of this Section.
1.Â
Wall signs. Every single-family residence, multiple-family
residential complex, commercial or industrial building, and every
separate non-residential building in a residential zone may display
wall signs per street frontage subject to the limiting standards set
forth in Table 1008.1.1(1). For shopping centers, planned industrial
parks or other multiple occupancy non-residential buildings, the building
face or wall shall be calculated separately for each separate occupancy,
but in no event will the allowed area for any separate occupancy be
less than eight (8) feet by sixteen (16) feet or one hundred twenty-eight
(128) square feet.
2.Â
Freestanding signs. In addition to any allowable
wall signs, every single-family residential subdivision, multiple-family
residential complex, commercial or industrial building, and every
separate non-residential building in a residential zone shall be permitted
to display freestanding or combination signs per street frontage subject
to the limiting standards set forth in Table 1008.1.2.[1]
[1]
Editor's Note — Table 1008.1.2, Identification Sign
Standards—Freestanding Signs and Figures 1008.1.2(1), 1008.1.2(2)
and 1008.1.2(3) are included as Attachment 3 to this chapter.
3.Â
Directional signs. No more than two (2) directional
signs shall be permitted per street entrance to any lot. There shall
be no limit to the number of directional signs providing directional
information interior to a lot. In residential zones, the maximum area
for directional signs shall be six (6) square feet. For all other
zones, the maximum area for any directional sign visible from adjacent
property or rights-of-way shall be eight (8) square feet. Not more
than twenty-five percent (25%) of the area of any directional sign
shall be permitted to be devoted to business identification or logo,
which area shall not be assessed as identification sign area.
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TABLE 1008.1.1(1) IDENTIFICATION SIGN STANDARDS —
WALL SIGNS
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|---|---|---|
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LAND USE
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AGGREGATE AREA
(6 square feet)
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Single-family residential
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12 square feet
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Multiple-family residential
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12 square feet
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Non-residential in a residential zone
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32 square feet
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Commercial and industrial
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See Table 1008.1.1(2)
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For SI: 1 square foot = 0.0929 m2.
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TABLE 1008.1.1(2) SIGN AREA
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|---|---|---|
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DISTANCE OF SIGN FROM ROAD OR ADJACENT COMMERCIAL OR INDUSTRIAL
ZONE
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PERCENTAGE OF BUILDING ELEVATION PERMITTED FOR SIGN AREA
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0 to 100 feet
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25 percent
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100 to 300 feet
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25 percent
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Over 301 feet
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25 percent
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For SI: 1 foot = 304.8 mm.
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B.Â
Temporary Signs. Temporary signs shall be in accordance with Subsection (B)(1 — 6) of this Section.
1.Â
Real estate signs. Real estate signs shall be permitted
in all zoning districts, subject to the following limitations:
a.Â
Real estate signs located on a single residential lot shall be limited
to one (1) sign, not greater than four (4) feet in height and six
(6) square feet in area.
b.Â
Real estate signs advertising the sale of lots located within a subdivision
shall be limited to one (1) sign per entrance to the subdivision,
and each sign shall be no greater than thirty-two (32) square feet
in area nor ten (10) feet in height. All signs permitted under this
Section shall be removed within ten (10) days after sale of the last
original lot.
c.Â
Real estate signs advertising the sale or lease of space within commercial
or industrial buildings shall be no greater than thirty-two (32) square
feet in area nor ten (10) feet in height, and shall be limited to
one (1) sign per street front.
d.Â
Real estate signs advertising the sale or lease of vacant commercial
or industrial land shall be limited to one (1) sign per street front,
and each sign shall be no greater than ten (10) feet in height, and
thirty-two (32) square feet for property of ten (10) acres (40,470
m2) or less, or one hundred (100) square
feet (9.3 m2) for property exceeding ten
(10) acres (40,470 m2).
e.Â
Real estate signs shall be removed not later than ten (10) days after
execution of a lease agreement in the event of a lease, or the closing
of the sale in the event of a purchase.
2.Â
Development and construction signs. Signs temporarily
erected during construction to inform the public of the developer,
contractors, architects, engineers, the nature of the project or anticipated
completion dates shall be permitted in all zoning districts, subject
to the following limitations:
a.Â
Such signs on a single residential lot shall be limited to one (1)
sign not greater than four (4) feet in height and six (6) square feet
in area.
b.Â
Such signs for a residential subdivision or multiple residential
lots shall be limited to one (1) sign at each entrance to the subdivision
or on one (1) of the lots to be built upon, and shall be no greater
than ten (10) feet in height and thirty-two (32) square feet in area.
c.Â
Such signs for non-residential uses in residential districts shall
be limited to one (1) sign, and shall be no greater than ten (10)
feet in height and thirty-two (32) square feet in area.
d.Â
Such signs for commercial or industrial projects shall be limited
to one (1) sign per street front, not to exceed ten (10) feet in height
and thirty-two (32) square feet for projects on parcels five (5) acres
(20,235 m2) or less in size, and not to
exceed ten (10) feet in height and one hundred (100) square feet for
projects on parcels larger than five (5) acres (20,235 m2).
e.Â
Development and construction signs may not be displayed until after
the issuance of construction permits by the Building Official, and
must be removed not later than twenty-four (24) hours following issuance
of an occupancy permit for any of all portions or the project.
3.Â
Special promotion, event and grand opening signs. Signs temporarily displayed to advertise special promotions, events
and grand openings shall be permitted for non-residential uses in
a residential district, and for all commercial and industrial districts
subject to the following limitations:
a.Â
Such signs shall be limited to one (1) sign per street front.
b.Â
Such signs may be displayed for not more than thirty (30) consecutive
days in any three (3) month period, and not more than sixty (60) days
in any calendar year. The signs shall be erected no more than five
(5) days prior to the event or grand opening, and shall be removed
not more than one (1) day after the event or grand opening.
c.Â
The total area of all such signs shall not exceed thirty-two (32)
square feet in any single- family residential district, thirty-two
(32) square feet in any multiple-family residential district and one
hundred (100) square feet in any commercial or industrial district.
4.Â
Special event signs in public ways. Signs advertising
a special event shall be prohibited in or over public rights-of-way.
5.Â
Portable signs. Portable signs are prohibited in
all zoning districts.
6.Â
Political signs. Political signs shall be permitted
in all zoning districts, subject to the following limitations:
a.Â
Such signs shall not exceed a height of four (4) feet or an area
of six (6) square feet in residential zones. In non-residential zones
signs shall not exceed a height of ten (10) feet and thirty-two (32)
square feet.
b.Â
Such signs for election candidates or ballot propositions shall be
displayed only for a period of sixty (60) days preceding the election
and shall be removed within ten (10) days after the election, provided
that signs promoting successful candidates or ballot propositions
in a primary election may remain displayed until not more than ten
(10) days after the general election.
c.Â
Such signs shall not be placed in any public right-of-way or obstruct
traffic visibility.
C.Â
Requirements For Specific Sign Types. Signs of specific type shall be in accordance with Subsection (C)(1 — 7) of this Section.
1.Â
Canopy and marquee signs.
a.Â
The permanently affixed copy area of canopy or marquee signs shall
not exceed an area equal to twenty-five percent (25%) of the face
area of the canopy, marquee or architectural projection upon which
such sign is affixed or applied.
b.Â
Graphic striping, patterns or color bands on the face of a building,
canopy, marquee or architectural projection shall not be included
in the computation of sign copy area.
2.Â
Awning signs.
a.Â
The copy area of awning signs shall not exceed an area equal to twenty-five
percent (25%) of the background area of the awning or awning surface
to which such a sign is affixed or applied, or the permitted area
for wall or fascia signs, whichever is less.
b.Â
Neither the background color of an awning, nor any graphic treatment
or embellishment thereto such as striping, patterns or valances shall
be included in the computation of sign copy area.
3.Â
Projecting signs.
a.Â
Projecting signs shall be permitted in lieu of freestanding signage
on any street frontage limited to one (1) sign per occupancy along
any street frontage with public entrance to such an occupancy, and
shall be limited in height and area to twenty-four (24) square feet
per each one hundred (100) lineal feet of building frontage, except
that no such sign shall exceed an area of thirty-two (32) square feet.
b.Â
No such sign shall extend vertically above the highest point of the
building facade upon which it is mounted by more than ten percent
(10%) of the height of the building facade.
c.Â
Such signs shall not extend over a public sidewalk in excess of ten
percent (10%) of the width of the sidewalk. Such signs shall maintain
a clear vertical distance above any public sidewalk a minimum of eight
(8) feet.
4.Â
Under canopy signs.
a.Â
Under canopy signs shall be limited to no more than one (1) such
sign per public entrance to any occupancy, and shall be limited to
an area not to exceed six (6) square feet.
b.Â
Such signs shall maintain a clear vertical distance above any sidewalk
or pedestrian way a minimum of eight (8) feet.
5.Â
Roof signs.
a.Â
Roof signs shall be permitted in commercial and industrial districts
only.
b.Â
Such signs shall be limited to a height above the roof line of the
elevation parallel to the sign face of no more than ten percent (10%)
of the height of the roof line in commercial districts, and ten percent
(10%) of the height of the roof line in industrial districts.
c.Â
The sign area for roof signs shall be assessed against the aggregate
permitted area for wall signs on the elevation of the building most
closely parallel to the face of the sign.
6.Â
Window signs. Window signs shall be permitted for
any non-residential use in a residential district, and for all commercial
and industrial districts, subject to the following limitations:
a.Â
The aggregate area of all such signs shall not exceed twenty-five
percent (25%) of the window area on which such signs are displayed.
Window panels separated by muntins or mullions shall be considered
as one (1) continuous window area.
b.Â
Window signs shall not be assessed against the sign area permitted
for other sign types.
7.Â
Menu boards. Menu boards signs shall not be permitted
to exceed thirty-two (32) square feet (4.6 m2).
8.Â
Illuminated signs. Illuminated signs shall not create
glare or unduly illuminate the surrounding area.
a.Â
Lighting fixtures illuminating signs shall be carefully located,
aimed, and shielded so that light is directed only onto the sign facade.
b.Â
Light fixtures illuminating signs shall be of a type such that the
light source (bulb) is not directly visible from adjacent streets,
roads, or properties.
c.Â
Fixtures Used to illuminate externally illuminated sign shall be
top mounted and directed downward (i.e., below the horizontal).
d.Â
Light trespass from a property shall be designed not to exceed five-tenths
(0.5) foot-candles at the property line.
[Ord. No. 2023-15, 2-27-2023]
A.Â
Billboards may only be located in areas zoned "C-3," "I-1," "I-2,"
or "F-1" and only when located within six hundred (600) feet of the
nearest edge of the right-of-way and their advertisements are directed
to the following streets or highways:
1.Â
U.S. Highways 65 and 36, Missouri Highways 190 and Route V.
B.Â
Billboards may not be erected within five hundred (500) feet of land
zoned for residential or public uses, except by conditional use permits
granted by the City Council after a public hearing and upon a finding
that the billboard will not:
C.Â
Billboards may not be erected within thirty (30) feet of any adjacent
street pavement edge or curb line.
D.Â
Billboards with back-to-back signs, either parallel or forming a
"V" when viewed from above and with an interior angle of sixty degrees
(60°), shall be considered as a single billboard and each sign
face may have the maximum square footage allowed for a single billboard.
E.Â
Billboards must be constructed of steel frame with a concrete base
with no more than two (2) steel vertical supports. The maximum height
of a billboard shall be the maximum height for a building or structure
for the zoning district within which the billboard is located.
G.Â
Existing billboards that require more than fifty percent (50%) repair
or replacement shall meet the requirements of this Section.
H.Â
Digital Billboards.
1.Â
Purpose And Intent. More businesses desire to utilize advancements
in technology which permit signs to change copy electronically (e.g.,
utilizing LED or other light emitting signage). These newer technologies
pose additional risks of impacting adjacent areas and adversely dominating
the environment in which they operate unless regulated in a reasonable
fashion. The intent of this Subsection is to establish operating standards
and regulations for such signs (called "digital billboards" or "digital
signs") in order to minimize the secondary effects that often accompany
the unregulated display of digital signs, preserve the character and
repose of adjacent areas (with a principal focus on residential neighborhoods),
protect property values, and reduce traffic hazards caused by undue
distractions.
2.Â
Displays.
a.Â
A digital billboard may not allow the display or message to
change more frequently than once every ten (10) seconds with a transition
period of one (1) second or less.
b.Â
A digital billboard must have installed an ambient light monitor
which shall continuously monitors and automatically adjust the brightness
level of the display based on ambient light conditions consistent
with the terms of this Subsection.
c.Â
The maximum brightness levels for digital billboard shall not
exceed two-tenths (0.2) foot-candles over ambient light levels measured
within one hundred fifty (150) feet of the source consistent with
the terms of this Subsection. Certification must be provided to the
City demonstrating that the sign has to be preset to automatically
adjust the brightness to these levels or lower. Re-inspection and
recalibration may be periodically required by the City in its reasonable
discretion at the permittee's expense, to ensure that the specified
brightness levels are maintained at all times.
d.Â
Brightness of digital billboards shall be measured as follows:
(1)Â
At least thirty (30) minutes following sunset,
a foot-candle meter shall be used to obtain an ambient light reading
for the location. This is done while the sign is off or displaying
black copy. The reading shall be made with the meter aimed directly
at the sign area at the preset location.
(2)Â
The sign shall then be turned on to full white
copy to take another reading with the meter at the same location.
(3)Â
If the difference between the readings is two-tenths
(0.2) foot-candle or less, the brightness is properly adjusted. If
the difference exceeds the level required, then it must be turned
off until repaired.
(4)Â
A digital billboard must comply with all applicable
provisions of Federal and State law.
e.Â
Digital signs shall contain a default sign design that will
freeze the sign in one (1) position if a malfunction occurs to avoid
flashing.
f.Â
No animation, moving, or rotating of text or images are permitted,
except that, within the maximum two (2) second transition period,
transition graphics are permitted if those transition graphics do
not display continuous scrolling, fluttering, blinking, or flashing
text or images. At no point in time shall continuous scrolling, fluttering,
blinking, or flashing text or images be permitted. In addition, no
video, audio, pyrotechnic, or blue casting shall be permitted. "Blue
casting" refers to any digital media transmitter device provisioned
over Bluetooth used to send an unsolicited electronic message directly
to any cell phone within range if switched on. Digital signs shall
not display any message that moves, appears to move, scrolls, or changes
in light intensity during the fixed display period.
3.Â
Spacing.
a.Â
Digital billboards may not be erected within five hundred (500)
feet of any residential zone without a conditional use permit granted
by the City Council after a public hearing, or within one hundred
(100) feet of any free-standing sign on the same side of the road.
Existing billboards may be converted to digital LED regardless of
proximity to a residential zone.
b.Â
No digital billboard may be located on top of, cantilevered
over, or otherwise suspended above any building or structure.
c.Â
'Smart' billboards shall not be permitted that utilize technology
or advanced features beyond digital LED signs employing the use of
still images without a conditional use permit approved by the City
Council (e.g., mobile, marketing via text message or SMS messaging,
moving video displays, use of sound effects, cameras, radar, infrared,
etc.).
I.Â
Landscaping, fencing.
1.Â
Before a permit is issued, the applicant shall receive approval
for a plan for landscaping, lighting and fencing around the proposed
billboard to ensure that any structure, lighting or fencing on the
premises where the billboard is located will be aesthetically compatible
with its surroundings and the aesthetic standard of the community
and neighboring property, insofar as may be practicable, as well as
safe and secure from trespassers or vandals. Such plans shall be reviewed
and approved by the Zoning Official.
2.Â
In determining whether the landscaping plan is reasonably suitable,
the Zoning Official shall take into consideration the nature of the
location, the impact on surrounding properties, the safety and security
of the proposed billboard and the relative cost of the landscaping,
lighting and fencing to the applicant in relationship to the overall
impact upon the property values in the immediate area which would
be caused by a lack of such landscaping, lighting or fencing for the
proposed billboard.
J.Â
Application.
1.Â
The provisions of this Article shall apply to the erection,
alteration, reconstruction, construction, and maintenance of all billboards
within the City.
2.Â
To the extent that any other provision of this Code shall be
more restrictive than the previsions set forth in the Section, the
more restrictive provision shall apply.
3.Â
Severability is intended throughout and within the provisions
of this Article. If any Section, Subsection, sentence, clause, phrase,
or portion of this Article is held invalid or unconstitutional by
a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such judgment shall
in no way affect or impair the validity of the remaining portions
of this Article.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
Master Sign Plan Required. All landlord or single owner
controlled multiple-occupancy development complex on parcels exceeding
eight (8) acres (32,376 m2) in size, such
as shopping centers or planned industrial parks, shall submit to the
Code Official a master sign plan prior to issuance of new sign permits.
The master sign plan shall establish standards and criteria for all
signs in the complex that require permits, and shall address, at a
minimum, the following:
B.Â
Development Complex Sign. Each development complex shall
have one (1) monument sign for the complex and each business in the
complex may be listed. Each business shall have one (1) wall sign
with a total area of ten percent (10%) or less of the storefront area.
C.Â
Compliance With Master Sign Plan. All applications for sign
permits for signage within a multiple-occupancy development complex
shall comply with the master sign plan.
D.Â
Amendments. Any amendments to a master sign plan must be
signed and approved by the owner(s) within the development complex
before such amendment will become effective.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
Permits Required. Unless specifically exempted, a permit
must be obtained from the Code Official for the erection and maintenance
of all signs erected or maintained within this jurisdiction and in
accordance with other ordinances of this jurisdiction. Exemptions
from the necessity of securing a permit, however, shall not be construed
to relieve the owner of the sign involved from responsibility for
its erection and maintenance in a safe manner and in a manner in accordance
with all the other provisions of this Article.
B.Â
Construction Documents. Before any permit is granted for
the erection of a sign or sign structure requiring such permit, construction
documents shall be filed with the Code Official showing the dimensions,
materials and required details of construction, including loads, stresses,
anchorage and any other pertinent data. The permit 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 by engineering calculations
signed and sealed by a registered design professional where required
by the International Building Code. Freestanding signs over thirty
(30) feet in maximum height shall be designed by a professional engineer.
Plans shall be signed and sealed by a professional engineer licensed
in Missouri. Signs shall be constructed of permanent all-weather material.
All electrical work shall conform to the City electrical codes.
C.Â
Changes To Signs. No sign shall be structurally altered,
enlarged or relocated except in conformity to the provisions herein,
nor until a proper permit has been secured. The changing or maintenance
of movable parts or components of an approved sign that is designed
for such changes, or the changing of copy, business names, lettering,
sign faces, colors, display and/or graphic matter, or the content
of any sign shall not be deemed a structural alteration.
D.Â
Permit Fees. Permit fees to erect, alter or relocate a sign
shall be in accordance with the fee schedule adopted within this jurisdiction.
Permits will be required, but no fee will be charged for community,
philanthropic, civic or public service events.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
An
application may be made to the Zoning Administrator for a variance
from the specific requirements of this Code. A variance may be granted
by the Board of Adjustments, where the literal application of the
Code would create a particular hardship for the sign user and the
following criteria are met:
1.Â
The granting of the requested variance would not be materially detrimental
to the property owners in the vicinity.
2.Â
Hardship caused the sign user under a literal interpretation of the
Code is due to conditions unique to that property, does not apply
generally to other properties in the City, and is not based solely
upon economic hardship.
3.Â
The granting of the variance would not be contrary to the general
objectives of this Code.
[Ord. No. 2011-83 §1, 9-15-2011]
A.Â
Any
person who violates a provision of this Article shall be subject to
civil penalty of up to five hundred dollars ($500.00) per day for
each day that such violation continues. Each day that a violation
continues shall constitute a separate offense under this Article.
The Zoning Officer, or designee, or a Police Officer of the City shall
be authorized to act to issue a municipal complaint ("municipal ticker").
B.Â
The
issuing official, in the exercise of his or her discretion, may issue
a municipal ticket to:
C.Â
For
the first (1st) violation of this Article by the alleged offender,
the Zoning Officer or other designee or Police Officer may issue a
written warning to the alleged violator.
