[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
A.
Title.
This Chapter shall be known and may be cited as "The Sign Code of
Marlborough."
B.
Purpose.
It is the intent of this Sign Code to regulate and control the location,
number, erection, and maintenance of signs and matters relating thereto
within the Village to promote public safety, health, and general welfare
of the community. These regulations are specifically designed to:
C.
Substitutions.
It is the intention of the sign regulations of this Sign Code that
any non-commercial message may be substituted for any commercial message
on any sign permitted by this Chapter. Furthermore, no sign shall
be subject to any limitation based upon the content or viewpoint of
the message contained on such sign.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
Terms used in this Chapter, unless the context otherwise indicates,
shall have the following meanings:
A temporary sign made of fabric, plastic, paper, or other
light pliable material, not enclosed in a rigid frame and characteristically
suspended along or across a public street.
The Building Commissioner of the Village of Marlborough or
his or her designee.
To build, construct, attach, hang, place, suspend or affix
and shall also include the painting of wall signs.
Any surface of a sign upon, against or through which the
message is displayed or illustrated on the sign.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use.
A flexible, translucent, dimensionally stable material consisting
of a polyester scrim embedded between two (2) layers of white pigmented
vinyl specially treated with ultraviolet inhibitors.
A freestanding permanent sign erected or constructed on a
masonry base or supported by one (1) or more concealed posts or poles.
Such signs may be used for the purpose of owner identification or
to indicate services, articles and products offered on the property.
Any sign which has characters, letters, figures, designs
or outline illuminated by electric lights or luminous tubes as part
of the sign proper.
Any material which will not ignite at or below a temperature
of twelve hundred degrees Fahrenheit (1200° F.) and will not continue
to burn or glow at that temperature.
Any sign affixed to a marquee over the entrance to a theater,
extending and supported from the building.
All industrial, commercial and mercantile signs advertising
the business or activity on its premises or any of its activities,
including permanent theater signs use to advertise performances.
Any marquee, canopy, awning, street clock, time and weather
information as further defined in this Section.
A freestanding permanent sign in excess of eight (8) feet
in height that is supported by one (1) or more posts or poles. Such
signs may be used for the purpose of owner identification to indicate
services, articles and products offered.
Any sign that is not affixed to a building, post or other
outdoor surface or place of land or which is not attached directly
or indirectly to a building, post or other outdoor surface or place
of land.
Any letter, word, model, sign, device or representation used
in the nature of an advertisement or announcement projecting perpendicularly
from the building.
Any sign that has changeable or removable lettering, with
the exception of marquee signs, which are covered separately in this
Chapter.
Any sign painted, erected, constructed or maintained upon
the roof of any building, including wall signs or projecting signs
attached to a building wall that extend above the roof line.
An area containing four (4) or more shops, stores and other
places of business permitted in the "C-1" or "C-2" Districts under
the zoning ordinances and providing off-street parking facilities
in common for all of the businesses and their customers.
Every sign, billboard, ground sign, portable sign, pole sign,
wall sign, roof sign, illuminated sign, projecting sign, temporary
sign, marquee, awning, canopy, time and weather information and street
clock and shall include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise, inform or promote
the interests of any person when the same is placed out-of-doors or
in show display windows and is intended to be viewed from outside.
A total area of the space to be used for advertising purposes,
including the spaces between open-type letters and figures, including
the background structure or other decoration or addition which is
an integral part of the sign. Sign supports shall be excluded in determining
an area of a sign.
Where the two (2) faces are not substantially parallel, each
face shall be construed as a separate sign for calculating total sign
area.
Signs, which advertise products, or businesses, that are
not located on the same premises as the sign.
A sign advertising a product sold or business located on
the same premises as the sign. For purposes of this definition, the
"premises" is the lot of record as shown on the site plan, plat, occupancy
permit, or other record approving the facility or business upon which
the on-premises sign is located.
A sign firmly attached to the ground, wall or other portion
of a building and not designed or intended to be readily removed or
relocated or a sign that is intended to be displayed for an unlimited
duration. For purposes of this Chapter, "permanent" shall include
signs intended for display or actually displayed for more than nine
(9) months.
A non-permanent sign constructed of paper, cloth, canvas,
plastic sheet, vinyl, cardboard, fiberboard, plywood or other like
materials and that by design, installation, materials and/or appearance
intended to be displayed for a limited or intermittent period of display
and that is not permanently attached to the ground. For purposes of
this Chapter, "temporary" shall mean nine (9) months or less.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
Any permanent sign, whether painted sign, letter, word, model,
device or representation used in the nature of an advertisement or
announcement, that is affixed to the front, side or rear wall of any
building and a plane parallel to the face of the wall.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
All signs shall be constructed and erected in accordance with
the requirements and specifications relating to materials, loads and
stresses as set out in the Building Code of the Village as enforced
by St. Louis County as the Village's agent.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
All illuminated signs shall comply with the provisions of the
Electrical Code of the Village and St. Louis County.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
Nothing contained in this Chapter shall prohibit the display
of signs mandated by the Federal, State or County Government.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
Approval of all signs meeting the specifications of this Chapter
must be obtained from the Village Clerk or her designee or designees
except as provided in this Chapter.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
A.
Any
new sign installed, erected or maintained in violation of any provisions
of this Chapter shall be an unlawful sign.
B.
Any
existing sign enlarged, rebuilt, structurally altered or relocated,
except in accordance with the provisions of this Chapter, shall be
an unlawful sign.
C.
Any
existing sign which is no longer applicable to the property or building
upon which such sign is located shall be considered an unlawful sign.
Such sign shall be removed by the property owner within thirty (30)
days of notice by the Village. Removal shall include the sign and
all supports.
D.
The
following types of existing signs, if in violation of any provisions
of this Chapter, must be removed within ninety (90) days from the
effective date of this Chapter, unless a further extension of ninety
(90) days is granted by the Building Commissioner for reasonable cause.
1.
Temporary show or display window signs;
2.
Temporary ground signs;
3.
Paper posters applied directly to the wall or roof of a building
or pole or other support;
4.
Use of advertising devices such as banners and pennants affixed on
poles, wire or ropes, streamers, wind-operated devices, flashing lights
and any other type of fluttering or flashing devices;
5.
All portable signs, except as herein provided;
6.
Any sign that revolves or contains flashers, animators or mechanical
movement or contrivances of any kind, excepting clocks or time and
weather information signs.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
A.
Any
sign legally existing under prior ordinances, but which shall violate
any provision of this Chapter, may continue to be maintained and used
at its existing location after passage of this Chapter for the life
of the existing business, subject to the following provisions:
1.
Any legally existing sign, under previous ordinance that is moved
to another location, either on the same or to other premises, shall
be considered a new sign, except that any such sign which is hereafter
required to be moved by a governmental body for the purpose of construction,
relocation, widening or improving a street or highway or for other
public purposes, which shall violate any provisions of this Chapter,
may be relocated and allowed to be maintained and used as it was prior
to the passage of this Chapter.
2.
Any legally existing sign that is enlarged or reconstructed shall
be considered to be a new sign, except that neither the relettering,
repainting nor ordinary maintenance of such sign or the repair or
restoration to a safe condition after being damaged by storm or other
accidental act, as shown and in accordance with the original sign
permit, shall constitute such a change as to classify the sign as
a new one.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
A.
The
following signs and advertising devices are prohibited in the Village:
1.
Signs or other advertising devices in show or display windows exceeding
twenty percent (20%) of the display area.
2.
Signs or devices which by color, location or design resemble or conflict
with traffic control signs or devices.
3.
Use of advertising devices such as banners except as noted in Section 505.170(A)(5) and pennants affixed on poles, wires or ropes; streamers; wind-operated devices; searchlights; flashing lights; and any other type of fluttering devices.
4.
Signs which contain flashers, animators or mechanical movement or
contrivances of any kind.
5.
Paper posters and painted signs applied directly to the exterior
wall of a building or pole or other support.
6.
Portable signs.
7.
Signs advertising an article or product not manufactured, assembled,
processed, required or sold upon the premises upon which the sign
is located.
8.
Off-premises signs.
9.
Revolving signs of any type.
10.
Permanent or semi-permanent signs on property in residential districts
where the owner/occupant conducts a home occupation.
11.
Signs on parking lot light standards (except as required by law).
12.
All portable reader boards except that any legally existing reader board in the Village may continue to be maintained, used and displayed for the life of the existing business, subject to the provisions of this Chapter and particularly, but not limited to, Subsection (A)(9).
13.
Signs with more than two (2) faces.
14.
Roof signs.
15.
Projecting signs.
16.
Marquee signs.
17.
Signs on Village, State or Federal rights-of-way or other public
property not placed by the governing authority.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
A.
It shall be unlawful for any person to erect, repair, alter or relocate any sign or other advertising structure in this Village without first obtaining a permit from the Building Commissioner and making payment of the fee required in Section 505.150, except for the following which are exempted:
1.
Permitted temporary signs.
2.
Bulletin boards not over twenty-five (25) square feet in area on
the premises of public, charitable, or religious institutions.
3.
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
4.
Traffic or other municipal/government signs, legal notices, railroad
crossing signs, danger, emergency or non-advertising signs.
5.
Flags of any nation, State, County, City or other governmental unit,
or any not-for-profit organization.
6.
Professional name plates not exceeding three (3) square feet in area.
7.
Occupational signs not over four (4) square feet in area (on building).
8.
Signs erected inside a building and not visible through windows.
9.
Temporary window signs.
10.
Exterior signs for pricing merchandise not exceeding one (1) square
foot in area.
B.
Work
authorized under the permit must be started within six (6) months
from the date of issuance and completed within one (1) year from date
of issuance, otherwise the permit is void.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
No permit required by this Chapter shall be issued to any commercial
sign company who does not hold a current sign erector's license issued
pursuant to this Chapter.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
A.
No
sign of any of the types defined herein shall be erected, nor the
location of any existing sign changed, until a permit shall have been
issued by the Building Commissioner. Before any permit required by
this Chapter is granted, the applicant shall pay to the Village Clerk
the following respective fee: one dollar ($1.00) per square foot,
with fifteen dollars ($15.00) minimum.
B.
No
permit shall be granted until after an application has been filed
with the Building Commissioner showing the plans and specifications,
including dimensions, material and details of construction of the
proposed structure, nor until all the provisions of this Section relating
to such structure have been complied with.
C.
Before
a permit can be granted for the installation of any sign, the applicant
for said permit must submit an agreement signed by the owner or owners
of said property granting permission to the applicant to install said
sign and binding said owner or owners, their heirs and assigns irrevocably
to permit the Village through its agents to enter on said real property
for the purpose of removing said sign or signs as provided under the
provisions of this Chapter and waiving and holding the Village harmless
from any damage to said real property and structure thereon occasioned
by said removal. The said property owner must also sign one (1) copy
of the proposed sign drawing for the Village's records.
D.
The
Building Commissioner may prescribe appropriate conditions of permit
approval not inconsistent with the provisions of this Section concerning
specific permit applications.
[Ord. No. 07-443 §1, 4-9-2007; Ord.
No. 21-608, 5-10-2021]
Any person applying for a permit for a sign under the provisions
of this Chapter, whose application has been denied, may appeal to
the Board of Adjustment for the issuance of such permit. Any person
aggrieved by the issuance of any permit by the Building Commissioner
may appeal to the Board of Adjustment to hear his/her grievance. The
Board of Adjustment may revoke such a permit if found not to be in
compliance with this Chapter. A non-refundable filing fee of one hundred
twenty-five dollars ($125.00) is required for such appeals.
