[Ord. 81-14 § 1, 11-17-1981]
It is and shall be unlawful to post, tack, attach or display
any sign, bill, advertisement, poster of notice any place within the
corporate limits of the City of Lexington for any purpose whatsoever
without the consent of the owners. This Chapter shall not affect the
right of all citizens to the unfettered use of their own property.
[Ord. No. 81-14 § 2, 11-17-1981; Ord. No. 2005-20 § 1, 6-14-2005]
Any person or persons, group, organization or corporation shall
have and obtain from the City Clerk a permit prior to any and all
sales of goods, furniture, clothing, appliances or personal property
of every kind, size, shape, color or description which sale is not
in the ordinary course of business. Said sales are commonly referred
to as garage sales, yard sales, patio sales, porch sales and the like.
[Ord. No. 81-14 § 3, 11-17-1981]
The application for permit containing a surety bond for damages
must be filed with the City Clerk, in writing, at least twenty-four
(24) hours prior to the commencement of the sale, declaring the following
information:
1.
Date(s) of sale;
2.
Address of sale;
3.
Every and all person(s) involved in the sale;
4.
Exact time of opening and closing each day;
5.
The number, size, description and exact location of all publicly
posted bills, signs or advertising posters.
6.
Name of person, group, organization or corporation responsible.
7.
Signed by an individual citizen and resident of Lexington, Missouri,
who shall be personally and financially responsible for any violation
of this Chapter.
[Ord. No. 81-14 § 4, 11-17-1981; Ord. No. 2005-20 § 1, 6-14-2005]
Permits shall be issued for one (1) to five (5) consecutive
day periods upon presentation of a proper application as above described
and the payment of a one dollar ($1.00) permit fee. No person or persons,
group, organization or corporation shall have more than one (1) garage
sale, yard sale, patio sale, porch sale or the like per month.
[Ord. No. 81-14 § 5, 11-17-1981]
All signs, posters, bills or advertisements posted within the
public purview shall contain the name, address and phone number of
the person or persons, organization, group, family or corporation
holding such sale as well as the name, address and phone number of
the person signing the application and bond for permit.
[Ord. No. 81-14 § 6, 11-17-1981]
All such signs, posters, bills or advertisements shall be removed,
taken down, destroyed or properly disposed of in an appropriate trash
receptacle within twenty-four (24) hours after the close of the sale.
[Ord. No. 81-14 § 7, 11-17-1981]
Any violation of this Chapter is herewith declared to be and shall be a misdemeanor punishable under Section 1-8, the general penalty section of this Code.
[Ord. No. 99-52 § 1, 2-8-2000]
The purpose of this Article is to regulate all exterior signs
erected or installed, after February 8, 2000, so as to protect the
property values as well as the character of the various zoning districts
in the City, to protect health, safety and morals and to promote the
public welfare. It is the intention of this Article to regulate the
design, construction, location and maintenance of all signs, both
for appearance and safety, and to provide for the removal of unsafe,
unsightly and unlawful signs and to enhance the appearance and economy
of the City and to not negatively effect the City's tourism industry.
[Ord. No. 99-52 § 1, 2-8-2000]
For the purposes of this Article, the following terms shall
be deemed to have the meanings indicated below:
Any sign that advertises, promotes or gives information on
products, events or businesses not conducted within the premises or
location upon which the sign is located.
Any individual, corporation, association, firm, partnership
and the like, singular or plural.
The entire area within a continuous perimeter, enclosing
the extreme limits of sign display, including any frame or border.
Curved, spherical, or any other shaped sign face shall be computed
on the basis of actual surface area. The computation for sign composed
of individual letters, numerals, or other devices shall be the sum
of the area of the smallest rectangle or other geometric figure encompassing
each of said letter or devices. The calculation for a double-faced
sign shall be the area of one (1) face only. Double-faced signs shall
be so constructed that the perimeter of both faces coincide and are
parallel and not more than twenty-four (24) inches apart.
A shelter projecting from and supported by the exterior wall
of a building constructed of non-rigid materials on a supporting framework.
Minimum height seven (7) feet and maximum height eleven (11) feet.
Any sign attached to or projecting from a building at a ninety
degree (90°) angle, and is made an integral part of the building.
The sign can be no more than twenty-four (24) square feet.
The City Inspector, or his agent, of the City of Lexington
is charged with the administration and enforcement of the sign ordinance.
Any freestanding sign, which has a clearance of less than
ten (10) feet.
Residential requirements. Minimum height three
(3) feet, maximum height six (6) feet, sign to be a maximum of twelve
(12) square feet and six (6) feet from the curb edge or property line.
Commercial requirements. Minimum height three
(3) feet, sign to be a maximum of twenty-four (24) square feet.
Any freestanding sign, which has clearance of ten (10) or
more feet, Commercial/Industrial districts only. Maximum height of
twenty (20) feet, sign to be a maximum of one hundred (100) square
feet.
Any monument-type identification sign, which rises from the
ground, illuminated or non-illuminated, and generally has no clearance
under it.
RESIDENTIAL REQUIREMENTSMaximum height of six (6) feet, sign to be a maximum of twenty-four (24) square feet.
COMMERCIAL REQUIREMENTSMaximum height of ten (10) feet, sign to be a maximum of forty (40) square feet.
To build, construct, attach, hand, place, suspend or affix
and shall also include the painting of signs on the exterior of a
structure.
Any sign supported by uprights, braces, poles, or other vertical
members in or upon the ground and not attached to a building.
The length of the lot along the abutting street. The front
of the lot abutting more than one (1) street is considered separate
for each street.
Any detached sign on the same lot or parcel for the purpose
of indicating the name of the business, service, article or product
offered, and which has its bottom portion erected upon or supported
by the ground, a ground planter box or other support.
A sign giving the name and address of a building, business,
development or establishment. Such signs may be wholly or partly devoted
to a readily recognized symbol.
Any sign which is lighted by use of electricity or other
artificial light. Illuminated signs shall be oriented so as to prevent
casting light onto residential properties.
Individual letter mounted on a parapet wall.
A lot, premises, building, wall, property, or any place whatsoever
upon which a sign is located.
A roof, which appears to be a part of the wall, usually constructed
for appearance only.
A covering structure projecting from and attached to a building,
or self supporting and/or which can be retracted or rolled to the
structure by which it is supported. Minimum height of seven (7) feet
and a maximum height of eleven (11) feet.
Any sign which is lighted by natural sunlight only.
A sign which is painted directly on a structure. Maximum
of one hundred (100) square feet.
A sign constructed to remain indefinitely.
A sign which is not permanently affixed to one (1) location
and has the capability of being moved from one (1) site to the next
without disassembly. Portable signs shall not exceed forty (40) square
feet.
That portion of a lot or building occupied by a single occupant,
exclusive of common area, if any, shared with adjacent occupants.
Permitted sign area shall be separately calculated for multi-tenant,
commercial buildings only when said tenants have a separate entrance
for their exclusive use.
Where the eaves of the roof connect to the top of the wall,
except where a mansard roof is used. Mansard roof level shall be the
uppermost elevation of the roof.
The term sign shall mean and include every sign, name, number,
identification, description, announcement, declaration, demonstration,
device, display, flag, banner, pennant, illustration or insignia and
structure supporting any of the same, affixed directly or indirectly
to or upon any building or outdoor structure, or erected or maintained
upon a piece of land and which directs attention to an object, product,
service, place, activity, person, institution, organization or business.
The supports, uprights, bracing and framework for the sign,
including foundations where applicable.
A sign identifying the subdivision, located at one (1) or
more of the subdivision entrances. Maximum of twenty-four (24) square
feet.
A sign which is not permanently attached to the ground, building
or other load-bearing structure. Temporary signs are intended to be
displayed for a short period of time not to exceed thirty (30) days.
A sign attached to or erected against an exterior wall of
a building or structure, which projects not more than twelve (12)
inches from a wall and presents only one (1) face of advertising copy
to the public.
[Ord. No. 99-52 § 1, 2-8-2000]
The applicant, the owner of the sign, the owner of the land
or structure, and 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.
[Ord. No. 99-52 § 1, 2-8-2000]
Any applicant, person, firm and corporation or other entity
violating the provisions of this Article shall be guilty of a misdemeanor
and upon conviction thereof shall be subject to a fine of not less
than twenty-five dollars ($25.00) nor more than one hundred dollars
($100.00). Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
[Ord. No. 99-52 § 1, 2-8-2000]
Every applicant, before being granted a permit hereunder, shall pay a building permit fee to the City of Lexington. Any changes made to the sign other than maintenance shall require a new building permit. The fee shall be based on the permit fee schedule of Section 6-30. The minimum permit fee for any sign shall be ten dollars ($10.00). The area of the sign shall be calculated from the geometry of the extreme limits of one (1) face.
[Ord. No. 99-52 § 1, 2-8-2000]
A permit will not be required for the following listed signs.
These exemptions, however, shall apply only to the requirement of
the permit and shall not be construed as relieving the owner of the
sign from the responsibility for its erection, maintenance, appearance
and removal.
3.
Political signs.
a.
Shall be placed back of the property line on private property.
b.
It shall be the responsibility of the property owner to have these
signs removed not later than seven (7) days after the election or
event and they shall not be erected earlier than sixty (60) days prior
to the election or event to which they pertain.
c.
There shall be no political signs on any public utility pole.
4.
Traffic or other municipal signs or informational signs.
a.
Legal notice, railroad crossing signs, danger, warning and such temporary,
emergency or non-advertising signs necessary for traffic control or
as may be approved by the City Council. Each sign shall not be more
than six (6) square feet per sign face, nor exceed a height of ten
(10) feet from the ground level.
5.
Memorial signs.
a.
Names of buildings and date of erection when cut into any masonry
surface or when constructed of bronze or other metal.
6.
Temporary signs.
a.
For public, charitable, religious or fraternal organizations including
banners and cloth signs.
b.
One (1) per street frontage.
c.
To be located on premises or off premises.
d.
To be placed no sooner than forty-five (45) days prior to the event
and to be removed within ten (10) days following the event.
7.
Church or school signs.
a.
One (1) illuminated or non-illuminated sign per church or school,
on church or school premises, indicating activities and services therein
provided and not exceeding thirty-two (32) square feet per side.
8.
Residential development signs.
a.
Residential developments shall be permitted two (2) detached signs
type "C", identifying the name of the development only for each entrance
of the development. Such sign shall not exceed thirty-two (32) square
feet in area. Said sign shall be maintained on private property, no
closer than ten (10) feet to the property line.
9.
Plaques.
a.
Plaques or signs denoting historical landmarks or points of interest
as may by recommended by HPC.
10.
Subdivision real estate signs.
a.
Shall not exceed sixty-four (64) square feet per sign face and shall
be maintained in good repair and shall be removed when ninety-five
percent (95%) of the lots in said subdivision have been sold.
b.
One (1) sign per subdivision entrance.
c.
Each subdivision may have one (1) off-premises sign located within
one thousand (1,000) feet of the exterior boundary of the subdivision.
[Ord. No. 99-52 § 1, 2-8-2000]
The Building Inspector is hereby authorized and empowered to
revoke any permit issued by him upon failure of the holder thereof
to comply with the provisions of this Article or any amendment hereto.
[Ord. No. 99-52 § 1, 2-8-2000]
Application for a permit shall be made to the Building Inspector
or his designee upon a form provided by said Building Inspector and
shall be accompanied by such information as may be required to insure
compliance with all appropriate laws and regulations of the City including,
but not limited to:
1.
Name, address, and business license number of permit applicant.
2.
Name and address of owner of sign.
3.
Name and address of the owner and the occupant of the premises where
the sign is located or to be located.
4.
Clear and legible drawings with description showing the precise location
of the sign which is the subject of the permit and all other existing
signs on the same premise or permit and all other existing signs on
the same premise or as otherwise specified by the Building Inspector
or his designee.
5.
Drawings showing the dimensions, construction supports, sizes, materials
of the sign, and method of attachment and character of structural
members to which attachment is to be made.
6.
Any other information required by the Building Inspector or his designee.
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The Building Inspector or his designee shall issue a permit
for work to be done on a sign when an application therefor has been
properly made and the sign complies with all appropriate laws and
regulations of the City.
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[Ord. No. 99-52 § 1, 2-8-2000]
The following sign standards shall apply in the City of Lexington. Only signs as described herein and as may be described under Section 22A-13 shall be permitted.
1.
Churches, public and semi-public buildings, hospitals and institutions
in residential districts may have only one (1) bulletin board not
more than thirty-two (32) square feet in area, nor exceed a total
height of seven (7) feet above grade at its base.
2.
Only those signs permitted in (1), temporary signs not more than
six (6) square feet in area pertaining to lease or sale of premises
and nameplates when non-illuminated and not greater in area than four
(4) square feet are allowed in a residential district.
3.
Detached signs. Each establishment may be allowed
one (1) on-premises detached sign. Establishments may be allowed an
additional on-premises detached sign, provided both signs are located
a minimum of one hundred twenty (120) feet from one another along
the street frontage of the tract of land. Establishments in commercial
districts may be allowed a third (3rd) detached sign, provided all
signs are located a minimum of one hundred twenty (120) feet from
one another along the street frontage of the tract of land. Signs
in historical districts must conform to the style of the surrounding
properties as to not take away from the historic value of the properties.
No part of the detached sign structure or its advertising content shall be placed or extend into any street, street right-of-way or private property other than the property owned by the establishment. Signs along the street shall be located twenty-five (25) feet from the point of intersection so as to not obstruct vision at an intersection or a vehicular entry or exit from the property and are subject to the restrictions as defined in Section 29-6, Definitions, sight lines at intersection, including Figure 4 therein, and Section 29-27(6), Open Space, sight lines at intersections. In all districts there shall be a setback of five (5) feet from the property line
[Ord. No. 2020-03, 1-14-2020]
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In all districts there shall be a setback of five (5) feet from
the property line of the tract of land owned by the establishment.
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The sign surface area shall have a maximum of forty-eight (48)
square feet. The sign may be supported by posts or poles that do not
exceed a height of two (2) feet plus a planter box, if used, at least
six (6) inches but not more than twenty-four (24) inches average elevation
in height. The sign shall not exceed a height of six (6) feet above
the prevailing grade, nor a length of eight (8) feet.
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[Ord. No. 99-52 § 1, 2-8-2000]
Signs that were erected before February 8,2000, may continue
to exist and be maintained in a safe manner, however, such non-conforming
signs may not be replaced, expanded, enlarged or modified to denote
the change in the type of business or a change in ownership or substantially
improved other than in compliance with these regulations.
Any non-conforming sign, prior to February 8,2000, shall within
a period of ten (10) years be made to comply with all of the provisions
of this Article together with all other ordinances of the City applicable
thereto, or be removed. This Section shall not be applicable to a
sign that has received a variance for its particular location.
[Ord. No. 99-52 § 1, 2-8-2000]
A.
All permanent signs, sign structures, and non-structural trim shall
be constructed of approved combustible or non-combustible materials.
B.
Obstruction of Egress Openings, Ventilation. A sign
shall not be erected, constructed or maintained so as to obstruct
any fire escape window, door, or other opening; or so as to prevent
free passage. A sign shall not be attached in any form, shape or manner
to a fire escape or shall not be so placed as to interfere with an
opening, which is required for legal ventilation.
C.
All electrical signs, either temporary or permanent, shall be connected
to permanent electrical service installed according to the requirements
of the National Electrical Code, 1990 Edition. All wiring for newly
constructed detached signs shall be underground, unless this is determined
to be prohibited by the Building Inspector.
[Ord. No. 99-52 § 1, 2-8-2000]
A.
As soon as a sign has been erected, the permittee shall notify the
Building Inspector, who shall inspect such sign and approve the same
if it is in compliance with the provisions of this Article. The Building
Inspector for all signs having footings may require footing inspections.
B.
Building Inspector may from time to time, as he deems necessary,
inspect all signs or other structures regulated by this Article for
the purpose of ascertaining whether they are secure or whether they
are in need of removal or repair. If the sign does not comply with
the provisions of this Chapter, the Building Inspector shall notify
the applicant in writing of such non-compliance and give the applicant
thirty (30) days, or less if the Building Inspector determines a hazardous
situation exists, to comply. All signs may be reinspected at the discretion
of the Building Inspector.
[Ord. No. 99-52 § 1, 2-8-2000]
Every sign or other advertising structure, together with all
its supports or braces, shall be kept in good repair. The sign location
shall be free of rubbish and weeds. All structural members and all
copy areas are to be kept painted and clean so as to prevent deterioration,
oxidation, rust, paint fading, paint peeling or other unsightly conditions.
After thirty (30) days' notice, in writing, the Building Inspector
may order the removal of any sign that is not maintained in accordance
with the provisions of this Section.
[Ord. No. 99-52 § 1, 2-8-2000]
Any sign, now or hereafter existing which no longer advertises a bona fide business conducted or a product sold, shall be removed by the owner, agent or lessee having the beneficial use of the building, structure or land upon which such sign may be found. If the owner, agent or lessee fails to remove the sign, the Building Inspector shall remove it in accordance with Section 22A-22, "Removal". These removal provisions shall not apply where a succeeding owner, agent or lessee conducts the same type of business, or advertises a current product and agrees to maintain the signs as provided for in Section 22A-20.
[Ord. No. 99-52 § 1, 2-8-2000]
The Building Inspector shall order the removal of any sign erected
in violation of this Article, or any existing sign which has been
abandoned, or where lack of maintenance has created a hazard to the
public safety. Thirty (30) days' notice, in writing, shall be
given to the owner of such sign, or the building, structure or premises
on which sign is located, to remove the sign or to bring it into compliance
with this Article. Upon failure to remove the sign or comply with
this notice, the Building Inspector shall cause the removal of the
sign or removal incurred by the Building Inspector shall be assessed
to the owner of the property on which sign is located and may be collected
in the manner of ordinary debt or in the manner of taxes and such
charges shall be a lien on the property. The Building Inspector may
cause any sign, which is an immediate peril to persons or property,
to be removed summarily without notice.
[Ord. No. 99-52 § 1, 2-8-2000]
Within the purview of its jurisdiction, the Board of Adjustment
is empowered to review or modify the Building Inspector's, or
his designee's, order or determination with respect to signs
covered by this Chapter and may consider variances as provided by
law.
