[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Public Safety. The purpose of this Article is to provide
minimum standards to safeguard life, health, property and public welfare
by regulating and controlling the design, quality of materials, construction,
location, electrification and maintenance of all signs and sign structures
not located within a building in order to protect pedestrians and
motorists from damage or injury caused by improperly situated signs,
promote the public safety, welfare, convenience and enjoyment of travel
and the free flow of traffic within the City of Kearney.
B.
Appearance. The purpose of the Article is also intended
to create a more attractive economic and business climate within the
office, commercial and manufacturing areas of the community by enhancing
and protecting the physical appearance of the community and preserve
and promote the natural beauty of the City of Kearney.
C.
It
is the intent of the City of Kearney not to unduly restrict outdoor
advertising signs. However, placement and construction of outdoor
advertising signs should do the following:
1.
Be compatible with surrounding land uses;
2.
Preserve property values of surrounding properties;
3.
Should protect existing businesses which are adequately identified
and advertised from a proliferation of signs which reduce the effectiveness
of individual signs;
4.
Should not distract adjoining residences;
5.
Should not distract nor reduce sight distance for vehicular traffic.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The regulations of this Article shall govern and control the
erection, enlargement, expansion, alteration, operation, maintenance,
relocation and removal of all signs within the City of Kearney not
located within a building. Any sign not expressly permitted by these
regulations shall be prohibited. The regulations of this Article related
to the location of signs, by function and type, within zoning districts
shall be in addition to the building codes regulating the proper installation
of signs.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
If any provision of this Article is held to be invalid or inapplicable
to any sign or signs, it is intended that the invalid part or parts
be severed from the remaining provisions in order to continue in force
and in effect as many provisions of this Article as possible. It is
specifically intended that should severance occur, if necessary, that
will allow the application of restrictions on the height, size, type,
number and location of signs.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section.
A sign structure and its supporting members that has ceased
to be used for a period of six (6) months for the display of sign
copy advertising a current activity or business.
An off-premises sign, including both the supporting structural
framework and attached sign faces, used principally for advertising
a business activity, use, product or service unrelated to the primary
use or activity of the property on which the sign is located; excluding
off-premises directional or temporary real estate signs.
The Building Code currently adopted by the City, including
all applicable volumes and standards.
Any combination of static images, text, pictures, and/or
messages displayed on a changeable message sign face.
[Ord. No. 1317-2016 § 1, 12-5-2016]
The duration that a changeable message remains static.
[Ord. No. 1317-2016 § 1, 12-5-2016]
A sign face installed on an off-premise outdoor advertising
sign that can change messages by electronic or mechanical means.
[Ord. No. 1317-2016 § 1, 12-5-2016]
The means by which a changeable message transitions from
one (1) message to the next.
[Ord. No. 1317-2016 § 1, 12-5-2016]
Any on-premises sign that is designed and erected solely
for the purpose of providing direction and/or orientation for pedestrian
or vehicular traffic within the site limited to four (4) square feet
in size and, at entrance/exit drives, limited to one (1) directional
sign located at entrance/exit drives.
The officer or other person charged with the administration
and enforcement of this Article or his/her duly authorized representative.
The area made available by the sign structure for the purpose
of displaying the advertising message.
A sign constructed to display its message on the outer surface
of two (2) identical and opposite parallel planes.
The Electrical Code currently adopted by the City, including
all applicable volumes and standards.
Any sign containing or using electrical wiring.
The English unit of measurement for illuminance, which is
equal to one (1) lumen, incident upon an area of one (1) foot.
[Ord. No. 1317-2016 § 1, 12-5-2016]
A sign placed at or near ground level not exceeding six (6)
feet in height and generally having no clearance under it.
Temporary signs, in the nature of decorations, clearly incidental
to, and customarily and commonly associated with, any national, local
or religious holiday.
The photometric quantity most closely associated with the
perception of brightness. Illuminance is measured in foot candles.
[Ord. No. 1317-2016 § 1, 12-5-2016]
Any sign which is illuminated by an external or internal
light source which is visible.
Any sign which is not located on the same property or lot
as the use, object, project, place, activity, service or person to
which it refers.
A sign that is permanently affixed to a building surface,
roof, ground, parapet or overhang.
Any sign that is mounted on a freestanding pole or other
support so that the bottom edge of the sign face is six (6) feet or
more above grade.
Any sign of any kind solely promoting, supporting or opposing
any candidate, office, issue or proposition to be voted upon at any
public election or other political issue not voted upon.
A temporary sign that is not permanently affixed to one (1)
location and has the capability of being moved from one site to the
next.
The distance by which a sign extends beyond the building
line.
Any object, device, display or structure or part thereof,
situated outdoors, which is used to advertise, identify, display,
direct, attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, design, symbols, fixtures, colors, illumination
or projected images.
The area of the smallest rectangle which completely encloses
the display surface of the sign, including any framing, trim or molding.
Any structure which supports or is capable of supporting
any sign as defined in this Article.
A complete changeable message that has no motion flashing,
animation, or video, or any simulation of the foregoing.
[Ord. No. 1317-2016 § 1, 12-5-2016]
That which is built or constructed, an edifice or building
of any kind or any piece of work artificially built up or composed
of parts joined together in some definite manner.
A promotional sale sign, event sign, fund-raising sign or
similar signs displayed no more than thirty (30) days. Temporary signs
include, but are not limited to, banners constructed of vinyl or fabric,
sandwich signs, fabric attached to or advertising messages painted
on wood and portable signs.
Any sign attached, erected, painted or projected against
the wall of a building or structure including marquees.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Permit Required. No sign shall hereafter be erected without
obtaining a required sign permit. Applications for sign permits shall
provide the information necessary for a proper determination that
the proposed sign conforms to the requirements established in this
Unified Development Code.
B.
Planning And Zoning Commission Review. New or expanded permanent
signs and replacement/reface of existing pole signs require a site
plan review by the Planning and Zoning Commission prior to submittal
of a sign permit application.
C.
Permit Application And Site Plan Requirements. The following information shall accompany a sign permit and concept plans (see Section 405.135) and site plans (see Section 405.140).
1.
Plans and specifications showing the location on the lot or building
face, support of sign and type of illumination.
2.
A scale drawing showing sign faces, exposed surfaces and the proposed
message and design accurately represented as to size, area, proportion
and color.
3.
A calculation of the total amount of sign area presently existing
on the property.
4.
The applicant's attestation that the sum of the areas of the requested
sign or signs and the existing sign does not exceed the maximum allowed
by the provisions of this Article.
5.
Other information as deemed necessary by the Planning and Zoning
Commission or Board of Aldermen.
D.
Permit Expiration. If a sign for which a permit is granted
is not erected within ninety (90) days from the date of issuance of
said permit, said permit, unless renewed by resubmittal of a sign
permit application, shall be deemed void.
E.
Permit Fees. A sign permit fee shall be paid in an amount
as established by the Board of Aldermen.
F.
Signs Not Requiring Permits. Painting, repainting or cleaning
of an advertising structure or the changing of the advertising copy
or message thereon, unless a structural change is made, shall not
require a permit, nor shall the following signs require a sign permit:
1.
Any sign placed or painted on the inside of a building or outside
of any vehicle.
2.
Nameplates attached directly to the wall of a building or structure.
3.
Municipal signs, legal notices, trespassing signs or signs to aid
safety.
4.
Information or direction signs containing no advertising copy.
5.
Real estate signs advertising the sale, rental or lease of the premises.
6.
Tablets constructed of bronze, brass, stone or other incombustible
materials, when built or attached to the walls of a building; provided
that such tablet bears only the name of the owner, the name or use
of the building or reading material commemorating a person or event.
7.
Signs announcing the name of the architect, engineer or contractors
of a building under construction, alteration or repair and signs announcing
the character of the building enterprise or the purpose for which
the building is intended.
8.
Signs to advertise public or civic welfare or charitable enterprises
placed on posts, poles or buildings limited to thirty (30) square
feet. Such signs shall be removed within five (5) days following the
event.
9.
All political signs. Such signs shall be removed
within five (5) days following the event.
10.
Holiday decoration signs, garage sale, yard sale, residential moving
sales, auctions, direction signs for parties, reunions or weddings
limited to four (4) square feet. Such signs shall be removed within
five (5) days following the event.
11.
These exceptions shall not be construed as relieving the owner of
the sign from the responsibility for its erection and maintenance
and its compliance with the provisions of this Article or any other
law or ordinance regulating the same. All such signs shall be placed
on private property and behind the existing or proposed right-of-way.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The
owner of any property on which any sign is placed and the person maintaining
the sign shall be responsible, individually and jointly, for the condition
of the area in the vicinity of the sign and shall be required to keep
it clean, sanitary and free from noxious or offensive substance.
B.
If
any sign is or becomes insecure or in danger of falling or otherwise
unsafe, the Director of Community Development or his/her authorized
representative shall notify the person or persons maintaining the
same to make the sign safe and secure or to remove same. In the event
that the sign is not made secure or removed, the City may remove same
at the cost of the one obtaining the permit. The standard shall be
the current edition of the Uniform Sign Code.
C.
Abandoned
signs shall be torn down within thirty (30) days of written notice
by the City.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Signs
installed without a sign permit, unless classified as a sign not requiring
permit.
B.
Signs
erected or maintained without the consent of the owner of the real
property or the person or entity in legal possession of the real property.
C.
Rotating, Animated, Moving Or Flashing Signs. This provision
does not prohibit the static display of an electronic reader board
or LED sign that may change to the next message at no faster than
two (2) second intervals.
D.
No
private sign or its supporting structure shall interfere with the
lines of vision between a motorist and any official traffic sign or
signal or other vehicles approaching any street intersection. The
determination as to such sign interference with traffic safety shall
rest with the City.
E.
No
private sign shall display flashing intermittent lights resembling
those customarily used by emergency vehicles or traffic signals and
shall use no dominating or emphasizing word that might be misconstrued
to be a public safety warning, traffic sign or signal.
F.
No
sign of any type used for advertising purpose shall be located between
any side of a building and any interior property line which is adjacent
to any residential zoning district.
G.
It
shall be unlawful for any person to display upon any sign or other
advertising structure any obscene, indecent or immoral matter.
H.
No
sign of any type shall be located within the City, State or Federal
right-of-way or shall be attached to utility poles or other appurtenances
which exist within easements or City, State or Federal right-of-way.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Materials. Except for flags, and in certain cases temporary
signs, all signs shall be constructed of permanent materials, permanently
attached to the ground, a building or another structure. Specifically,
signs may be constructed from wood, plastic, metal and/or masonry
materials or materials permitted after review by the Planning and
Zoning Commission and/or Board of Aldermen.
B.
Design Guidelines.
1.
Compatibility of sign design. Monument signs should
be designed to be consistent with the architectural style of the main
building or buildings upon the site. This includes incorporating construction
materials or color.
2.
Continuity of sign design. Multiple signs located
within a single development or complex should have a common design
established through the use of similar sign colors and materials,
sign supports, method of illumination, sign cabinet or other configuration
of sign area, shape of sign and components and letter style and size.
C.
Illumination.
1.
Location and design of light source. Whenever an
external artificial light source is used for a sign, such source shall
be located, shielded and directed so as not to be directly visible
from any public street or private residence.
2.
Direct glare. All artificial illumination shall
be designed, located, shielded and directed as to prevent the casting
of glare or direct light upon adjacent property or streets.
D.
Electrical Elements. All wiring, fittings and materials
used in the construction, connection and operation of electrically
illuminated signs shall be in accordance with the officially adopted
building code.
E.
Structural Elements. The construction and structural components
of all signs shall be in accordance with the standards and regulations
of the officially adopted building code.
F.
Sign Area Calculation.
1.
Sign area for signs contained entirely within a cabinet or mounted
on a wall or monument shall be calculated by measuring the entire
area of the cabinet.
2.
Sign area for letters or symbols painted or mounted directly on walls
or monument signs or on the sloping portion of a roof shall be calculated
by measuring the smallest single rectangle which will enclose the
combined letters and symbols.
3.
Only one (1) side of any double-faced sign shall be counted in calculating
maximum sign area.
G.
Signs On Lots With Multiple Users. Where more than one (1)
user occupies a lot or tract, the owner of the lot or tract shall
be responsible for allocating permitted signage among such users.
H.
Traffic Safety.
1.
Confusion with traffic signals. No sign shall be
maintained at any location where by reason of its position, size,
shape, content, color or illumination it may obstruct, impair, obscure,
interfere with the view of, or be confused with any traffic control
sign, sign or device or where it may interfere with, mislead or confuse
traffic.
I.
Signs In Rights-Of-Way. Except as provided in this paragraph,
no sign except governmental signs authorized in this Section shall
be placed in or extend into or over any public property or right-of-way.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Political Signs On Public Property Or Right-Of-Way. No political
sign shall be placed in or on any public property or within the right-of-way.
B.
Political Signs In Residential Areas. Political signs located
in any area zoned for and predominantly developed for residential
use shall not exceed two (2) feet by (2) feet on each side.
C.
Political Signs In Other Areas. Political signs located
in any area zoned for use other than residential or in any area not
then predominantly developed for residential use may be thirty-two
(32) square feet, other than on a billboard.
D.
Exceptions. The provisions of this Section shall not apply
to billboards, notices posted by order of any court or notices to
the public required by law to be posted in public places.
E.
Sign Removal. Political signs affiliated with an election
or event shall be removed within five (5) days following the event.
F.
Fee Not Required. Sign permit fee is not required for political
signs.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
For
each business or property there shall be permitted, upon approval
of a sign permit application, the display of one (1) temporary or
banner sign for a period of time between one (1) and thirty (30) days
as requested by the applicant on the sign permit application.
B.
No
permit for additional temporary or banner signs shall be issued within
a number of days matching the same length of time of posting allowed
under the previous permit for temporary sign or banner. No temporary
sign shall exceed fifty (50) square feet in area. All signs shall
be placed on private property at least five (5) feet behind the existing
or proposed right-of-way and outside the sight distance triangle along
any street or driveway intersection.
C.
Temporary
signs shall meet all other requirements of this Article and may be
issued by the Director of Community Department without Planning and
Zoning Commission approval.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Retention Of Non-Conforming Signs. A non-conforming sign
may continue except as otherwise provided in or authorized by this
Section or unless such sign becomes an abandoned sign.
B.
Alterations. A non-conforming sign may not be enlarged in
any way to include larger supporting structures, sign face area or
height. A change in the information on the face is allowed if the
change does not increase the area of the sign face.
C.
Replacement. Non-conforming signs shall only be replaced
with conforming signs or a sign that is more conforming.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Conditional Use.
1.
A billboard may be permitted as a conditional use in areas zoned
for a "C" General Commercial District or "M" Industrial District under
the following criteria:
2.
Required findings for conditional use.
a.
Billboards or off-site signs shall be in harmony with the general
character of the building and shall relate to other on-premises signs
in terms of location, scale and color.
b.
Billboards or off-site signs shall not dominate a particular site
or result in an over concentration of advertising devices.
c.
Billboards or off-site signs shall be placed with due regard for
the property rights of adjacent landowners and shall be erected, to
the greatest degree possible, away from property lines.
d.
Billboards or off-site signs shall not obscure, conflict or project
over another sign.
B.
Siting Criteria For All Billboards.
1.
The billboard must not be larger than three hundred (300) square
feet on a single sign surface.
2.
The sign shall have a maximum of two (2) faces.
3.
The total billboard height shall be limited to forty (40) feet.
4.
All lighting shall be constant in color and intensity. No part
of the sign device shall be animated, move, flash or produce noise.
[Ord. No. 1317-2016 § 2, 12-5-2016]
5.
All billboards shall be a unipole (single supporting member), metal
construction.
6.
Billboards shall be erected two hundred (200) feet or more from any
residence located in a residential zone.
7.
The supporting pole for the sign shall not be located closer than
thirty (30) feet to any principal structure and no part of the structure
shall project over an accessory use or another sign.
8.
No part of the billboard shall project over a right-of-way, either
public or private, and no part of the structure shall be located closer
than forty (40) feet to the intersection of two (2) or more public
streets.
9.
All applicants must possess a valid permit from the State of Missouri
prior to erecting a billboard.
C.
Standards For Changeable Message Billboards.
[Ord. No. 1317-2016 § 3, 12-5-2016]
1.
Converting an existing billboard to a changeable message billboard
may be allowed through approval of a conditional use permit.
2.
Location and spacing. No changeable message
billboard shall be erected, located or placed within one thousand
four hundred (1,400) feet of another changeable message billboard
on the same side of the highway. This distance shall be measured along
the nearest edge of the pavement along the same side of the highway.
This shall not prohibit a structure with back-to-back changeable message
faces.
[Ord. No. 1360-2018, 2-20-2018]
3.
Duration of message. Each message 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.
4.
Transition of message. Where the billboard
image or any portion thereof changes, the change sequence shall only
be accomplished by means of instantaneous re-pixelation or change
of the entire image without animation or movement. This time to completely
change from one (1) message to the next is a maximum of two (2) seconds.
5.
Video display prohibited. No image or message
shall appear to move or be animated.
6.
Brightness and illumination. A changeable message
billboard face shall be equipped with a light sensor that automatically
adjusts the illuminance of the changeable message sign face as ambient
lighting changes. In no event shall a changeable message sign face
increase nighttime ambient illumination by more than three tenths
(0.3) footcandles when measured perpendicular to the changeable message
sign face at a distance based on the changeable message sign face
size in accordance with the following formula:
|
Changeable Message Sign Face Size in Square Feet
|
Measurement Distance in Feet
| |
|---|---|---|
|
0 to 100
|
100
| |
|
101 to 350
|
150
| |
|
651 to 1,000
|
250
|
7.
Use of changeable message billboards by City. The City shall have the use of the any changeable message billboard
on a space available basis.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The Downtown Business Overlay District is the historic downtown
district and is oriented toward pedestrian traffic. Individual uses
do not usually provide off-street parking and the buildings generally
have no front or side yards. Signs should be designed and located
to communicate with pedestrians at the street level. Signs should
provide clear and understandable identification for buildings, businesses
and parking. Signs should be carefully designed and located so as
to respect the visual integrity of historic architecture including
building scale, proportions, surface texture and decorative ornamentation.
Because of the unique character and historic nature of this zoning
district, all signage will be subject to review and approval by the
Planning and Zoning Commission.
