[CC 1995 §41.500; Ord. No. 05-05 §§1 — 2, 5-26-2005; Ord. No. 14-21, 10-28-2021]
A.
The
purpose of these regulations is to create the legal framework for
a comprehensive but balanced system of regulation of advertising and
signs and thereby to facilitate communication between people and their
environment, while minimizing any adverse public safety concerns.
With this purpose in mind, it is the intention of these regulations
to authorize the use of advertising and signs which are:
1.
Compatible with their surroundings;
2.
Appropriate to the type of activity to which they pertain;
3.
Expressive of the identity of individual proprietors or of the community
as a whole;
4.
Legible in circumstances in which they are seen;
5.
Properly constructed and aesthetically pleasing on-site monument
signs for all businesses to be constructed of masonry, stone, brick,
wood or material of similar appearance; and
6.
Minimally intrusive upon the driving public.
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In addition, in permitting the use of off-premises advertising
only in "I-2" Districts, the Board of Trustees is mindful of the suburban
setting of the community and desires to regulate the proliferation
of signs, while allowing commercial establishments to advertise their
services and products with minimal regulations.
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[CC 1995 §41.510; Ord. No. 05-05 §§1 — 2, 5-26-2005]
Unless the context otherwise requires, the following definitions
should be used in interpretation and construction of this Article:
Any character or letter and/or figure, symbol, design, work
model or device and a tinted background field used to attract attention
and/or convey a message in which is visible to any area outside of
a building. The term includes banners, pennants, streamers, moving
mechanisms and lights.
Any standard outdoor advertising structure or portion thereof
that displays electronic images, graphics, or pictures, with or without
text information, defined by a small number of matrix elebulbs, using
different combinations of light emitting diodes (LEDs), fiber optics,
light bulbs or other illumination devices within the display area,
including computer programmable, microprocessor controlled electronic
displays and projected images or messages with these characteristics.
[Ord. No. 14-23, 6-22-2023]
Any surface against or through which advertising is displayed
or illustrated.
A sign supported by one (1) or more uprights, posts or bases placed upon or fixed in the ground and not attached to any part of a building that does not exceed the maximum height designated for a ground sign as specified in Section 405.540. No ground sign shall have a sign area in excess of one hundred fifty (150) square feet.
A sign which has characters, letters, figures, designs or
the outlines illuminated by electric lights or luminous tubes.
A ground sign having a low profile with little or no open
space between the ground and the sign and having a structure constructed
of masonry, wood or materials in similar appearance.
[Ord. No. 14-21, 10-28-2021]
Any sign that is constructed to be movable being attached
to legs, skids, sleds, wheels, trailers or any other appurtenance
that allows it to be moved from location to location.
A sign attached to and projecting from a building and not
in the same plane as the wall.
Total area of the space used to display advertising not including
supporting poles. For a sign with two (2) faces that are parallel
and supported by the same pole of the structure, the area of the sign
equals one-half (½) of the total area of the two (2) faces.
For a sign with two (2) or more faces supported by the same pole or
structure but not parallel, the area of the sign equals the total
area of all faces.
A sign painted on or attached to a wall of a building and
in the same plane as such wall.
A sign applied, painted or affixed to or in the window of
a building.
Zoning Code of the Village of Airport Drive, Missouri.
[CC 1995 §41.520; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
It
shall be unlawful to erect any sign on any premises in the Village
of Airport Drive except as herein provided and with review by the
Zoning Commission and approval by the Board of Trustees:
[Ord. No. 14-21, 10-28-2021]
1.
District "A-1" Agricultural; "R-1" One-Family District; and
"R-2" Two-Family District. One (1) non-illuminated wall sign
not more than four (4) square feet in area mounted on the building
indicating a permitted home occupation.
2.
District "R-3".
b.
In addition, for a multiple-family use, one (1) non-illuminated attached
or detached sign identifying the use, no more than twenty (20) square
feet in area and not more than six (6) feet high overall. Such sign
shall be located not more than one (1) foot in front of a front or
side building setback line.
5.
District "C-2" General Commercial District.
[Ord. No. 20-13 §1, 12-19-2013]
b.
No more than one (1) permanent ground sign advertising solely
the business activity of the occupant of the premises and, in addition,
no more than two (2) projecting signs. No sign shall be utilized to
advertise off-premises business activity unless advertising a business
activity located in the Village of Airport Drive.
c.
Portable signs as allowed by Sections 405.530 and 405.560(A)(7).
7.
District "C-4."
[Ord. No. 12-20, 6-25-2020[1]]
b.
No ground sign shall be located closer than ten (10) feet to a curb
line and no ground sign shall exceed twenty-five (25) feet in height.
[1]
Editor's Note: Ord. No. 12-20 also renumbered former Subsections
(A)(7 — 8), which immediately follow, to be (A)(8 — 9),
respectively.
[CC 1995 §41.525; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
It
shall be unlawful to maintain, permit or use a portable sign in the
Village of Airport Drive, Missouri, unless in compliance with this
Subsection.
B.
Portable
signs are allowed only in Districts "C-2".
C.
They
shall be set back from all property lines at least ten (10) feet.
D.
There
shall be only one (1) portable sign allowed for a commercial location
regardless of the size, number of occupants or separate businesses
located at the location.
E.
All
portable signs requiring electrical connections shall be in compliance
with the Village's Electrical Code.
F.
All
portable signs shall be suitably anchored and reasonably secured and
be maintained in a physically safe and complete manner.
G.
Portable
signs shall be allowed only upon permission of the Board of Trustees
of the Village of Airport Drive upon application to the Village Clerk.
The fee for the application shall be twenty-five dollars ($25.00)
and the fee for the sign shall be fifty dollars ($50.00) per year.
H.
Portable
signs shall be allowed to be maintained upon any business premises
in the Village for no more than a total of fourteen (14) days during
any calendar year and shall be only used to advertise special or unique
events occurring thereon during such time.
I.
All portable signs existing as of the effective date of this Chapter shall be grandfathered and allowed to continue for a period of six (6) months on their current location; provided however, that within six (6) months of the effective date of this Chapter, the owners of such portable sign shall have registered the same with the Village of Airport Drive after having been given notice to do so and shall have paid the annual fee set forth in Subsection (G). In the event an owner shall fail to register said sign, then the sign shall be deemed to be a non-conforming sign as of that time.
[CC 1995 §41.530; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
All
signs and supporting structures shall comply with all applicable requirements
of the Building, Electrical and Fire Prevention Codes of the Village.
No portable sign may be connected to a ground sign.
B.
Signs
and supporting structures must be maintained in good repair and appearance.
The removal of any advertising sign or structure not so maintained
may be ordered by the Board of Trustees.
C.
No
sign shall be erected at the intersection of any street in such a
manner as to obstruct free and clear vision; or at any location where
by reason or its position, shape or color it may interfere with, obstruct
the view of or be confused with any authorized traffic sign, signal
or device; or which makes use of the words stop, look, danger or any
word, phrase, symbol or character in such manner as to interfere with,
mislead or confuse traffic. Illuminated signs must be so shielded
or contain lamps of such reduced intensity as may be designated by
the Board of Trustees to assure that they do not constitute a traffic
hazard.
D.
Unless
specifically allowed by this Chapter, no part of any sign shall be
located closer than ten (10) feet to a street right-of-way.
E.
No
ground sign may be more than twenty-five (25) feet in height measured
from the ground to the top of the sign.
F.
No
ground sign shall be located a distance of less than one hundred (100)
feet from any other ground sign on the same premises.
[CC 1995 §41.540; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
The following street signs and advertising shall comply with Sections 405.530 and 405.540 of this Chapter, but are otherwise exempt from the provisions of these regulations:
1.
Temporary real estate signs not over eight (8) square feet in residential
districts or forty-eight (48) square feet in area in business, commercial
and industrial districts which advertise the sale, rental or lease
of only the premises upon which the sign is located and which are
of professional quality and appearance; provided that not more than
one (1) such sign is permitted on any single premises.
2.
Signs not over fifteen (15) square feet in area which provide information
of a public, charitable or religious institution or activity and which
are permanently mounted, provided not more than one (1) such sign
is permitted on a single premises.
3.
Temporary signs not over forty-eight (48) square feet in area denoting
the architect, engineer, project name, source of financing and/or
contractor when placed upon work under construction, provided that
not more than one (1) such sign is permitted on a single premises.
4.
Municipal signs, legal notices, traffic control devices and such
temporary or emergency non-advertising directional signs that may
be approved by the Board of Trustees.
5.
Political signs not over eight (8) square feet in area that are removed
within ten (10) working days after the date of the election to which
they pertain. Political signs placed on any right-of-way or utility
easement may be removed and destroyed without notice.
6.
Signs not over three (3) square feet in area located on residential
property designating only the name of the occupant and/or address
of the premises where it is displayed.
7.
Garage sale signs not over six (6) square feet in total area, provided
they are displayed for a period not exceeding two (2) days and, further
provided, they are displayed only on the premises where such sale
is to be held, provided not more than one (1) such sign is permitted
on a single premises.
8.
The official flag of the United States of America, the State of Missouri
or of any other nation or State or church when displayed on a pole
not exceeding thirty (30) feet in height; provided that such flags
are displayed on not more than one (1) pole per premises.
9.
Temporary window signs not exceeding in size fifteen percent (15%)
of the window area and displayed for a period not exceeding fourteen
(14) days.
[CC 1995 §41.550; Ord. No. 05-05 §§1 — 2, 5-26-2005; Ord. No. 11-06 §1, 7-27-2006; Ord. No. 02-07 §1, 3-22-2007]
A.
The
following advertising is specifically prohibited:
1.
Advertising a service not provided or an article or product not manufactured,
assembled, processed, prepared or sold upon the premises or at some
other location in the Village of Airport Drive upon which the advertising
is located (with the exception of "I-2" District).
2.
Signs which by color, location and/or design resemble or conflict
with traffic control signs or signals.
3.
Devices such as flags, banners, streamers and/or pennants affixed
to poles, wires, flashing lights, fluttering or wind-operated devices
and flashes, animators or mechanical movement or contrivances of any
kind; provided however, that in District "C-2" General Commercial,
not more than one (1) banner, no larger than forty-eight (48) square
feet, may be displayed for advertising purposes so long as such banner
is appropriately affixed to the building. The permit for such banner
shall be a one-time fee of twenty-five dollars ($25.00).
4.
Signs that include lights which flash, blink, turn on or off intermittently,
excluding time and temperature signs, if such lights create a safety
hazard due to the intensity, size or movement of the lights or message.
5.
Inflatable signs and objects including, but not limited to, balloons.
6.
Signs displayed on parked or stationary vehicles for the primary
purpose of the vehicles to advertise a product or business or to direct
people to a business or activity. For the purpose of this Chapter,
vehicular signs shall not include business logos, identification or
advertising on vehicles primarily used for other business purposes.
7.
Notwithstanding the provisions of this Section, and notwithstanding the prohibitions of Section 405.530 regulating portable signs, it shall be lawful for a business in Zoning Districts C-2, C-3, and C-4 in the Village of Airport Drive to advertise for a period not to exceed four (4) weeks during any calendar year, including a grand opening or other special event, by the means of not more than two (2) banners, no larger than forty-eight (48) square feet each and one (1) portable sign. In addition, in Zone C-2, a business may display not more than two (2) flags, banners, streamers, or pennants affixed to poles or wires during normal business hours. In Zoning Districts C-3 and C-4, only one (1) flag, banner, streamer, or pennant shall be allowed per business. Any advertising must be placed upon the property in such manner as to not otherwise violate this Code.
[Ord. No. 06-14 §1, 8-28-2014]
[CC 1995 §41.560; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
No permits or fees are required for signs listed in Section 405.550. Permits shall be secured for all permanent signs prior to their erection, alteration or refacing. Prior to issuance of a permit for a sign, the design of the sign shall be reviewed and approved by the Village Clerk for compliance with the Village Code and a fee shall be paid to the Village in accordance with the following schedule:
1.
Signs less than twenty-five (25) square feet in size $ 15.00
2.
Signs at least twenty-five (25) square feet in size but less than
fifty (50) square feet in size $ 25.00
3.
Signs at least fifty (50) square feet in size but less than one hundred
(100) square feet in size $ 50.00
4.
All signs one hundred (100) square feet in size to one hundred fifty
(150) square feet in size $ 100.00
[CC 1995 §41.570; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
Any
sign lawfully erected and in existence at the effective date of this
Chapter or any amendment thereto that does not conform to the regulations
may be maintained in its present state, provided that it shall be
kept in good repair and maintenance.
B.
Whenever
any non-conforming sign is damaged or destroyed by any means to the
extent of sixty percent (60%) or more of its replacement value at
that time, the sign may be rebuilt or replaced and used thereafter
only in conformance with these regulations.
C.
Other
than in District "I-2", whenever any non-conforming sign ceases to
be used or does not contain advertising applicable to an activity
on the premises for a period of six (6) months or longer, the sign
may be used thereafter only if brought into conformity with the provisions
of these regulations.
[CC 1995 §41.580; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
Any
person desiring a variation in the regulations may appeal to the Board
of Adjustment. Such appeal shall be taken within thirty (30) days
of the date of denial of a permit for a sign by filing with the Village
Clerk a notice of appeal specifying the grounds thereof. The Village
Clerk shall forthwith transmit to the Board of Adjustment all papers
upon which such action the appeal was taken. Four (4) affirmative
votes of the Board of Adjustment shall be required to grant a variance
from or reverse a decision made by the Village Clerk.
B.
To
vary regulations, the Board of Adjustment shall make a finding of
fact based upon the evidence presented to it in each specific case
showing that all the following conditions exist:
1.
The conditions upon which the requested variation is based arise
from particular hardship to the applicant and not from mere inconvenience.
2.
The conditions upon which the requested variation is based are not
generally applicable to other property or similar activities in the
Village.
3.
The alleged difficulty or hardship has not been created by any person
acquiring or holding an interest in the property after the effective
date of this Chapter.
4.
The granting of the variation will not endanger the public safety
or be detrimental to the public welfare or substantially injurious
to other property or activities in the neighborhood in which the property
is located.
C.
The
Board of Adjustment may impose such conditions and restrictions upon
the premises benefited by variation as may be necessary to limit the
injurious effect therefrom upon other property or activities in the
neighborhood and to better carry out the general intent of the regulations.
[CC 1995 §41.590; Ord. No. 05-05 §§1 — 2, 5-26-2005]
A.
The
Board of Adjustment, after notice and opportunity to be heard, is
authorized to remove or have removed any unlawful sign or signs erected
without a permit.
1.
Notice and opportunity to be heard shall be given to the owner or
person in charge of a sign in writing and shall be mailed by certified
mail or personally delivered to the owner or person in charge of the
sign as reflected in the official records. The notice shall be mailed
or delivered at least seven (7) business days in advance of any removal.
In the event the name and address of the owner or person in charge
of the sign cannot be ascertained, notice shall be posted in a conspicuous
place where the sign is erected. The notice shall specify the description
of the sign, the place from which it will be removed, the reason for
the removal, the amount of actual or estimated storage charges, the
owner's right to a hearing concerning the removal, the manner in which
a hearing may be obtained, the right to bring a representative to
the hearing and a date after which the sign may be sold. The hearing
provided hereunder shall be held before the Board of Adjustment. Formal
rules of evidence shall not apply; however, the party shall have a
right to present witnesses and receive a written decision based upon
the facts introduced at the hearing. An owner may request a hearing
either orally or in writing and a hearing, except upon the owner's
request, with the consent of the Board of Adjustment shall be held
at the next regularly scheduled Board of Adjustment meeting.
2.
If a sign is removed, the owner or person in charge of the sign so
removed may recover the same upon furnishing evidence of ownership
of the sign and by signing a release and payment of all costs, expenses
and charges involved in removal and storage of such sign or posting
bond therefore pending the outcome of any hearing requested.
3.
Any sign not claimed within thirty (30) days after removal may be
destroyed or sold in a commercially reasonable manner and the proceeds
of sale applied towards the charges for removal and storage; and the
balance of the proceeds, if any, shall be returned to the sign's owner
unless he/she cannot be located, in which case shall be paid to the
Village's General Fund.
[Ord. No. 14-23, 6-22-2023]
A.
All
illuminating signs and digital outdoor advertising structures shall
comply with applicable sign regulations set forth in this Code and
the following additional regulations:
1.
Duration Of Message. The image or any portion thereof displayed on
a digital outdoor advertising structure shall have a minimum duration
of at least ten (10) seconds and shall be a static display. No portion
of the image may flash, scroll, twirl, change color, or in any manner
imitate movement.
2.
Transition Of Message. Where the image or any portion thereof changes,
the change sequence shall only be accomplished by means of instantaneous
repixelization.
3.
Fluctuating Or Flashing Illumination. No portion of any digital outdoor
advertising structure may fluctuate in light intensity or use intermittent
strobe or moving light or light that changes in intensity in sudden
transitory bursts, streams, zooms, twinkles, sparkles or that in any
manner creates the illusion of movement.
4.
Brightness.
a.
Luminance. A digital outdoor advertising structure shall not exceed
a maximum 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 sundown and sunrise measured
from the sign's face at maximum brightness. An owner of a digital
outdoor advertising structure shall provide the Village a written
certification from the sign manufacturer that the light intensity
has been factory pre-set not to exceed the above limits and that the
intensity level is protected from end user manipulation by password-protected
software or other means acceptable to the Village.
b.
Illuminance. At no time may a digital outdoor advertising structure
exceed 0.3 foot-candles of light above normal ambient light levels.
Illuminance shall be determined by a foot-candle metering device held
perpendicular to the face of the digital outdoor advertising structure
at a height of five (5) feet and aimed towards the digital outdoor
advertising structures from a distance of two hundred fifty (250)
feet. If the difference in illuminance between conditions when the
digital outdoor advertising structure is on and off is 0.3 foot-candles
or less, then the digital outdoor advertising structure is in compliance.
All digital outdoor advertising structures shall be equipped with
automatic dimming technology which automatically adjusts brightness
based on ambient light conditions to meet the above-stated requirement.
An owner of a digital outdoor advertising structure shall provide
the Village a written certification from the sign manufacturer or
other person that the sign is equipped with automatic dimming technology.
c.
Testing. All digital outdoor advertising structures shall be subject
to random testing to ensure that such structures comply with the brightness
requirements set forth herein. The sign owner shall have such testing
performed at the sign owner's expense by a licensed, independent electrical
or lighting engineer, who shall test such structure under normal operating
conditions and submit such results under the engineer's seal. No digital
outdoor advertising structure shall be required to be tested at the
sign owner's expense more than once in any calendar year unless such
structure is previously found during such year to have not met the
brightness requirements set forth herein.
d.
Nuisance. Notwithstanding the above brightness requirements, no digital
outdoor advertising structure shall be of such brightness or intensity
so as to cause glare, impair the vision of the driver of a motor vehicle
or otherwise interfere with a driver's operation of a motor vehicle,
obscure or interfere with the effectiveness of an official traffic
control device, prevent or interfere with the quiet use or enjoyment
of any lot which is used or zoned residential, or otherwise be maintained
as a nuisance.
