[R.O. 1991 § 400.485; Ord. No. 2865-13 § 1(Exh.
A § 400.485), 4-2-2013]
A. Title. These regulations shall be known
by short title as the "Smithville Sign Code," may be cited as such,
and will be referred to herein as "this code" or "this Division."
B. Purpose And Scope.
1.
The purpose of this Division is to
regulate signs so as to protect the property values as well as the
character of the various zoning districts in the City, to safeguard
life, health, property and public welfare. It is the intention of
this Division to regulate the installation and maintenance of signs
for appearance and safety, and to provide for the removal of unsafe,
unsightly and unlawful signs. Further, this regulation sets forth
the quality of materials, permit fees required, construction, in addition
to the number of signs allowed, size, sign type and type of illumination,
if any, of all signs within the City limits of Smithville, Missouri.
Additionally, this regulation will serve to enhance and protect the
physical appearance of the community by protecting property values
and promoting the preservation of Smithville's historic character
and natural scenic beauty, and will help create a more aesthetically
pleasing environment and maintain a sound economic base.
2.
The regulations of this Division
are not intended to permit any violation of the provisions of any
other lawful ordinance.
C. Enforcement.
1.
Authority. The Community Development
Director and/or the Chief of Police or their designee is hereby authorized
and directed to enforce all the provisions of this Division.
2.
Right Of Entry. Upon presentation
of proper credentials, the Building Inspector or their duly authorized
designee may enter at reasonable times any building, structure or
premises in the City to perform any duty or inspection imposed upon
them by this Division. If they are denied or refused entry, they may
take any legal action necessary to gain said entry.
3.
Violations. It shall be unlawful
for any person, firm or corporation to erect, construct, enlarge,
alter, repair, improve, remove, convert or demolish, equip, use or
maintain any sign or sign structure in this jurisdiction, or cause
or permit the same to be done, contrary to or in violation of any
of the provisions of this Division.
4.
Penalty. Unless a different penalty provision is otherwise provided for herein, a violation of any of the provisions of this Division shall, upon conviction, be punishable as set forth in Section
400.610 of this Chapter until full compliance with the requirements of this code are met. Each day following specific notice, in writing, of violation, shall constitute a separate offense.
[R.O. 1991 § 400.490; Ord. No. 2865-13 § 1(Exh.
A § 400.490), 4-2-2013]
For the purpose of this Division,
certain terms, phrases, words and their derivatives shall be construed
as specified in this Division. Where a word or term is not specifically
defined herein, it shall have its ordinary and custom meaning in the
context used. For purposes herein, the plural shall also include singular,
and singular shall include plural. Masculine gender terms shall include
the feminine, and feminine the masculine.
ATTENTION-ATTRACTING DEVICE
Any sign or other item that has as its primary purpose to
attract the eyes or attention of a passing motorist to some advertising
or display located on the premises. Such devices include, but are
not limited to, fluttering flags, flashing lights, balloons or other
inflatable products that move with the wind or otherwise are animatronics.
The Community Development Department shall have the authority to interpret
whether a particular item is an attention-attracting device.
BILLBOARD SIGN
Any sign with a display area greater than thirty-two (32)
square feet in total area that advertises any subject matter that
is not provided, produced or otherwise offered on the same lot, parcel
or portion of said lot or parcel as the subject matter of the sign.
CONTRACTOR SIGN
A sign no larger than eighteen (18) inches by twenty-four
(24) inches which advertises construction or home improvement services
that have been, or are being provided to the property where the sign
is located. Home improvement services shall include all aspect of
home maintenance and improvement, including landscaping services.
The Community Development Department shall create a list of specific
home improvement services that shall be included in this definition,
and that department shall have sole authority to determine whether
or not a particular service is included in this definition. A contractor
sign may be installed at the commencement of work and shall be removed
within fourteen (14) days of completing the service.
DISPLAY AREA
The area of a sign where the text, logo(s) and other information
displayed is located. The display area does not include any of the
supporting structure(s) necessary.
ELECTRONIC, LED OR DIGITAL SIGNS
A sign that is designed to be illuminated and have the ability
to change the text of the sign by changing the lighting of the sign.
Such signs include numeric price signs such as those used at fuel
stations; single color signs that only display the text entered and
can only change upon manual entry of new text; and single or multiple
colored lighting systems, that include the ability of the sign to
automatically change the text on the sign or scroll the text of the
sign without separate, manual entry at the time of change.
GROUND SIGN OR MONUMENT SIGN
A sign structure installed in the ground which projects above
the existing grade to allow placement of the display area and usually
encloses the top of the display area with the same or similar materials,
excluding a pole sign.
PERMANENT SIGN
A sign designed and constructed with the intent to be placed
for a period in excess of sixty (60) days. A permanent sign may be
either affixed to a structure from the ground such as a pole, or a
monument base; or to a building in some form of cabinet or structure.
POLE SIGN
A sign in whole, or in part, that supports a display area
above grade with one (1) or more vertical poles, posts or columns
or that does not completely enclose the outside of the display area
with structurally supporting members or details. The sheathing or
wrapping of the poles, posts or columns in a material not necessary
for structural support shall not convert the design to any other design
in this Division.
POLITICAL SIGN
A sign that advertises or identifies a candidate for elective
office, or supports or opposes any matter that is on a ballot at any
scheduled election; and is placed on the property no sooner than sixty
(60) days prior to the first election upon which the candidate or
matter is scheduled and removed no more than four (4) days from that
election.
PROJECTING SIGN
Any sign that is supported from a building facade with at
least one (1) horizontal structural element to which a display area
is attached and which the display area is thirty degrees (30°)
or more from parallel to the building facade.
REAL ESTATE DIRECTIONAL SIGN
Any temporary sign that provides direction to the location
of any real estate for sale, lease or exchange. Such signs are permitted
to be installed on any lot or parcel without a permit, so long as
prior to placing the sign, permission from the owner of the property
where the sign is to be placed is requested and received. In no event
shall such signs be placed in the right-of-way of any street or highway,
or placed or affixed to any utility pole.
REAL ESTATE SIGN
A single sign which advertises for sale, lease or exchange,
real estate by the owner or his/her agent, which may include the owners
or agents names and the owners or agents address and telephone number,
which has a display area no larger than eighteen (18) inches by twenty-four
(24) inches for one- or two-family homes on one (1) residential lot;
sixteen (16) square feet for undeveloped or unplatted ground, including
multiple residential lots and all commercial or industrial sites;
or sixty-four (64) square feet if set back from the property line
one hundred fifty (150) feet or one hundred (100) square feet if set
back two hundred fifty (250) feet from the property line and is located
on the property to be sold, leased or exchanged. A sign advertising
real estate that is not located on the property to be sold, or is
located on the property to be sold that already has a real estate
sign as defined above, is excluded from this definition.
REPLACEMENT SIGN
1.
A sign that replaces the display area of an existing sign that:
a.
Is owned by and advertises the same
business as the previous sign;
b.
Is no larger in area than the existing
display area on the sign; and
c.
Is located in the same location as
the display area to be replaced.
2.
A "replacement sign" shall not include an upgrade from a static
display area to an electronic, LED or digital sign, but does include
an change from one electronic, LED or digital sign to another.
ROOF SIGN
Any sign mounted to the roof of a building, or any sign however
designed that includes a display area immediately above any portion
of the roof of any building.
SUPPORT STRUCTURE
The material(s) necessary to support the display area of
any sign. Support structures shall include stone, block, brick, or
other masonry product; wood and wood by-products; steel or other metal;
and plastics or a derivative thereof. The design of a support structure
can be of one (1) or more of the following types: ground signs, pole
signs, wall signs, projecting signs and roof signs.
TEMPORARY SIGN
A sign constructed of non-permanent materials, including,
but not limited to, vinyl, cardboard, coroplast, plastic, sheet metal
or wood, and placed on the ground with a pole without a footing to
support such pole, or to a building with such materials as rope, string,
or screws and not enclosed in some form of a permanent cabinet or
structure.
WALL SIGN
Any sign that is mounted to a building facade that has its
display area installed less than thirty degrees (30°) from parallel
from the building facade.
[R.O. 1991 § 400.500; Ord. No. 2865-13 § 1(Exh.
A § 400.500), 4-2-2013]
A. No sign shall be installed, erected or
set in place unless an application has been filed with the City of
Smithville and until a permit has been issued by the City of Smithville,
or a determination that no permit is required has been made by the
Community Development Department. From and after the date of passage
of this Division, all signs hereinafter erected shall be in compliance
with this Division.
B. No sign shall contain flashing lights,
fluttering flags or any other distracting or attention-attracting
device. The Community Development Department shall be the sole arbiter
of what constitutes a violation of this provision.
C. No billboard sign shall hereinafter be
erected in the City of Smithville that is greater than zero (0) square
feet in total area and the distance between any such signs is no less
than twenty (20) miles. The intent of this provision to be in compliance
with the Western District Court of Appeals decision in Ad Trend, Inc.
v. City of Platte City dated May 13, 2008.
D. No sign permit shall be issued for any
lewd, obscene, indecent, illegal or immoral matters. The Community
Development Department shall be the sole arbiter of what constitutes
a violation of this provision.
E. No person, except a public officer or City
employee, or someone acting on their behalf, while in the performance
of municipal duties shall affix in any manner any sign, banner, bill,
poster, advertising statement or notice of any kind upon any curb,
lamppost, traffic sign, sidewalk, street, utility pole or structure,
bridge or tree, or inside or upon a public street, sidewalk or other
right-of-way or easement within the City limits.
F. No sign shall be erected which shall obstruct
the free and clear vision at any intersection of two (2) or more streets,
or be so constructed so as to appear to be a traffic sign installed
by the City, State or any agencies thereof.
G. Any permanent sign shall not be moved from
the location approved in the permit issued therefor without an application
for and issuance of a new sign permit as is required in this Division.
H. No sign shall be erected or constructed
with or using any tires or other junk, refuse, or other items of personal
property.
I. All display areas of signs shall be removed
no later than sixty (60) days after the applicant or business that
is advertised leaves the location or goes out of business. Any lighting
or electrical equipment that becomes visible after the removal of
the display area shall also be removed at the same time.
[R.O. 1991 § 400.505; Ord. No. 2865-13 § 1(Exh.
A § 400.505), 4-2-2013; Ord. No. 3025-18, 11-5-2018]
A. Temporary signs as defined in this Chapter may only be used in the zoning classifications as identified in, and subject to the limitations of Section
400.520.
B. All temporary signs shall not be erected or re-erected without a
permit therefor, as required herein. Temporary sign permits shall
only be valid for a period not to exceed thirty (30) days.
C. Application for an original temporary sign permit shall be made in
writing on forms provided by the Development Department and submitted
to that office for review and approval. Such application shall include
the following information, as well as any additional information deemed
necessary by the Development Department to insure compliance with
this Chapter:
1.
The proposed location of the sign(s), including the address,
and description of the location upon such address, the signature of
the owner of the property acknowledging consent to place said sign.
2.
A description of the sign, including all size(s), colors, and
layout of said sign (a computerized "proof" of the sign is recommended).
3.
The material(s) to be used in the construction of the sign.
4.
A check for the fee as required in the Comprehensive Schedule
of Fees on file with the City Clerk.
D. Application for a permit to reuse or reinstall a previously approved
temporary sign shall be made in writing on forms provided by the Development
Department and submitted to that office for review and approval. Such
application shall include the following information, as well as any
additional information deemed necessary by the Development Department
to insure compliance with this Chapter:
1.
The original permit number issued for the sign.
2.
The proposed location of the sign(s), including the address,
and description of the location upon such address, the signature of
the owner of the property acknowledging consent to place said sign.
3.
A check for the fee as required in the Comprehensive Schedule
of Fees on file with the City Clerk.
E. Temporary signs shall not exceed thirty-two (32) square feet in total
area, be placed greater than five (5) feet above the ground, as measured
from the ground to the bottom of the display area, unless temporarily
attached to a building, but in no event taller than the facade of
the wall upon which the sign is attached, and constructed of materials
that will withstand the natural elements for a period of time not
less than the validity of the permit.
F. An oversize temporary sign larger than thirty-two (32) square feet but smaller than sixty-four (64) square feet may be authorized for a period of up to fourteen (14) days, and no more than four (4) times per calendar year. Oversize temporary signs of this size must meet the requirements of Subsection
(G) below. An oversize temporary sign larger than sixty-four (64) square feet may be authorized for a period of up to fourteen (14) days four (4) times per calendar year and must be attached to a building or the side of a trailer so that wind can only impact the sign from its face. Any permit for an oversize temporary sign shall be in an amount equal to two (2) times the amount of a temporary sign permit as identified in the Comprehensive Schedule of Fees on file with the City Clerk and no relabeling of such sign is allowed.
G. All temporary signs shall be maintained in good repair, have a clean,
neat appearance, and remain free from cracks, rips, tears, and/or
fading. All temporary signs and the stake or supporting structure
for such sign shall be designed, constructed and installed to resist
normal wind loads, which may cause the sign to become dislodged from
its location. All signs must be monitored by the applicant so as to
identify any sign that becomes dislodged, in whole or in part, from
its supporting structure, and replaced to the location contained in
the permit with another method of attachment that will prevent it
from becoming dislodged. In the event that any temporary sign becomes
dislodged for a period longer than forty-eight (48) hours or becomes
dislodged more than one (1) time during the validity of the permit,
such permit shall become immediately null and void; the sign may be
removed by the City with no refund of fees or return of the sign so
removed.
H. Any permit issued by the Development Department does not become valid
until such time as the temporary sign, as approved with each application,
is delivered to the Department offices for inspection and labeling.
Such labeling will be designed to allow inspection by the department
from the roadway, but not unnecessarily detract from the sign. Any
temporary sign installed without such labeling, or without re-labeling
if previously approved, or not in the location as contained in the
application, shall be subject to immediate removal by the Department.
If the sign has never been reviewed and approved pursuant to an application,
the party installing the sign shall pay a fee equal to two (2) times
the required permit fee and must submit an application for a permit
in order to obtain the sign for placement in accordance with the permit.
If the sign has been previously approved, but not relabeled, the party
installing such sign shall pay an amount equal to five (5) times the
fee required for relabeling and must submit an application to relabel
the sign in order to obtain the sign for placement in accordance with
the relabeling permit. Any sign removed by the Department is subject
to disposal by the Department. Any sign removed, and no application
is on file, will be disposed of within ten (10) days. If the sign
has been previously permitted, but not relabeled, it will be disposed
of within twenty (20) days. Any applicant, or business advertised
by a permitted sign, who has such sign removed pursuant to this Section
will not be eligible for another sign permit until the fees denoted
herein are paid in full and the disposal of a sign hereunder by the
City does not eliminate the requirement to pay the fees. The accrual
of fees under this Section shall be cumulative, in that any applicant
or business advertised by such removed signs shall pay the required
fees for each such sign removed prior to the issuance of a new permit.
The Development Department shall maintain records of the type and
number of signs removed for each such advertised business or applicant.
I. Real estate signs, as defined herein, are exempt from the requirements
of obtaining a permit.
[R.O. 1991 § 400.510; Ord. No. 2865-13 § 1(Exh.
A § 400.510), 4-2-2013; Ord. No. 3025-18, 11-5-2018]
A. All permanent signs, as defined in this Chapter, may only be used in the zoning classifications as identified in, and subject to the limitations of Section
400.520.
B. No permanent sign or replacement sign shall be erected without first
making application and receiving a permit issued by the Development
Department.
C. Applications for a permanent sign permit shall be made in writing
on forms provided by the Development Department and submitted to that
office for review and approval. Such application shall include the
following information, as well as any additional information deemed
necessary by the Development Department to insure compliance with
this Chapter.
1.
The address and proposed location of the sign on the property,
signed by the owner of the real property acknowledging consent to
place said sign.
2.
A description of the sign, including the size, color and layout
of the sign (a computerized "proof" of the sign is recommended); the
design of the supporting structure or fastening systems for said sign;
the materials intended for use in constructing any supporting structure
or fastening systems; electrical wiring plans, if necessary for the
sign, and any design loads or other engineering calculations necessary
to ensure compliance with the version of the Building Code in effect
at the time the permit is submitted.
3.
A list of all other permanent signs located on the real property.
4.
A check for the fee as required in the Comprehensive Schedule
of Fees on file with the City Clerk.
D. The following permanent sign structural design types are allowed in the City of Smithville: ground signs, pole signs, wall signs, projecting signs and roof signs. Each of these designs is subject to the design and construction requirements of Section
400.515 of this Chapter. Any other structural design types not identified herein are expressly prohibited.
E. An application for a replacement sign shall include, in addition
to the information required for a permanent sign, information to allow
staff to verify that the sign meets the definition of a replacement
sign and be accompanied by a check for the fee as required in the
Comprehensive Schedule of Fees on file with the City Clerk.
[R.O. 1991 § 400.515; Ord. No. 2865-13 § 1(Exh.
A § 400.515), 4-2-2013]
The design and construction of all signs shall be in compliance with the Building Code adopted in Section
500.020 of this Code, as amended, and specifically Appendix H thereto, except any provision that excludes any requirement for a permit as otherwise contained in this Division. Nothing contained in Section
500.020 shall be construed to allow a sign of a design, type, size or location not approved of, or mentioned elsewhere in this Division. The intent of adopting by reference these standards is to ensure the safety of the design and construction only.
[R.O. 1991 § 400.520; Ord. No. 2865-13 § 1(Exh.
A § 400.520), 4-2-2013]
A. The zoning districts for the City of Smithville
are defined as follows:
"A-1" and "A-R"
|
Agricultural
|
"R-1A," "B" and "D"
|
Single-Family Residential
|
"R-2"
|
Two-Family Residential
|
"B-1"
|
Mixed Use Business District
|
"B-2"
|
Highway Business District
|
"B-3"
|
General Business District
|
"B-4"
|
Central Business District
|
"I-1" and "2"
|
Industrial Districts
|
B. Each district or class of districts shall
be allowed the number, type and size of signs identified in the Section
that identifies the particular district(s).
C. "A-1" Agricultural District zoned land
is allowed one (1) sign per six hundred sixty (660) feet of public
road frontage, with a maximum of three (3) signs. The total number
of signs may include up to one (1) temporary sign as defined herein.
The maximum size of the display area of any sign shall be thirty-two
(32) square feet, except signs advertising home occupations, which
are limited to two (2) square feet. The maximum height for any sign
shall be less than twenty (20) feet. The setback requirements for
signs in this district shall be equal to the building setback requirements.
No sign in this district shall be externally illuminated.
D. "R-1" and "R-2" zoned land is allowed one (1) temporary sign per building lot, with a maximum size of the display area of any sign shall be sixteen (16) square feet for all signs except home occupations signs, which are limited to two (2) square feet. One (1) permanent sign (wall, ground, projecting or roof) per lot may be authorized on property in these districts, but only on lots where a conditional use permit for non-residential structures was approved in accordance with City requirements, or where a non-residential structure is present and constitutes a legal, non-conforming use. The maximum height of any such sign shall be eight (8) feet, and if illuminated, must limit lighting to only that necessary to illuminate the sign and no such light shall be directed off-site. Additionally, one (1) pole sign may be authorized but only after receiving a conditional use permit from the City of Smithville in accordance with the regulations contained in Section
400.570, Conditional Use Permits.
E. "R-3" Multiple-Family Districts, "B-1,"
"B-2" and "B-3" Business District and "I-1" and "I-2" Industrial District
zoned land with only one (1) business on the lot is allowed a total
of four (4) permanent signs per lot, three (3) of which must be wall,
projecting or roof signs. One (1) temporary sign is allowed at any
one time, and shall be in addition to the four (4) permanent signs.
The maximum display area of each such permanent sign shall be no greater
than ten percent (10%) of the total area of the facade upon which
the sign is placed, or, in the case of a roof sign, ten percent (10%)
of the largest facade of the building. In no event shall any of these
signs be larger than sixty-four (64) square feet. Only one (1) ground
or pole sign is allowed. The maximum height of any ground or pole
sign shall not exceed twenty five (25) feet. The display area on the
ground or pole sign shall be no larger than sixty-four (64) square
feet.
F. "R-3" Multiple-Family Districts, "B-1,"
"B-2" and "B-3" Business District and "I-1" and "I-2" Industrial District
zoned land that contains more than one (1) building or business on
the lot is allowed a total of two (2) wall, projecting or roof signs
per tenant or business, as well as one (1) temporary sign per tenant
or business, and one (1) ground or pole sign for the entire lot. The
maximum display area of the permanent signs shall be limited to ten
percent (10%) of the portion of the facade associated with the business
or tenant. If two (2) such signs are attached to the same facade,
the total area of the two (2) signs combined shall be no more than
ten percent (10%) of the portion of the facade associated with the
business or tenant. In no event shall any of these signs be larger
than sixty-four (64) square feet. The ground or pole sign associated
with such lots may contain multiple display areas, with no more than
one (1) display area for each business or tenant on the lot. The maximum
display area for each such business or tenant shall be no larger than
sixty-four (64) square feet. In no event shall the total area of the
display areas exceed four hundred (400) square feet, and each individual
tenant or businesses display area shall be no greater than the percentage
of leased or used square feet of the tenant or business of the total
building square footage on the entire lot. The percentage of square
footage allowed shall be calculated based upon the actual available
display area on the sign as constructed.
G. "B-4" Central Business District zoned land,
except the areas located in the Heritage District, shall be entitled
to the same size and type of signs allowed in either the residential
district, or business and industrial district requirements above,
based upon the use of the property. If the use of the property changes
from commercial to residential, any existing signs must be altered
to comply with the more restrictive requirements. The areas located
in the Heritage District shall be limited to the signs, or type of
signs authorized in the Heritage District regulations or, if no such
regulations exist at the time of application for the sign, then in
accordance with the "B-4" District requirements above. In no event
shall such regulations of the Heritage District be more permissive
than the "B-4" District requirements above. The Community Development
Department shall be authorized to determine whether the Heritage District
requirements are more permissive than the Business District requirements.
[R.O. 1991 § 400.525; Ord. No. 2865-13 § 1(Exh.
A § 400.525), 4-2-2013; Ord. No. 3025-18, 11-5-2018]
A. Electronic message centers, electronic scrolling text, electronic pricers, digital or LED signs can be either stand-alone signs or may constitute one (1) display area of an otherwise permissible or permitted sign, and are allowed in the "R-3," "B-1," "B-2," "B-3," "I-1" and "I-2" Districts. An application for a permit under this Section shall include all information required in Section
400.510, and, in addition to such information the following additional information shall be submitted:
1.
The specifications of such signs, including a photometric plan
that shows a breakdown indicating the maximum footcandle, minimum
footcandle, average maintained footcandle and the maximum to minimum
ratio for the designed impact area of the sign.
2.
The location of and the method(s) of adjusting the light intensity
for such sign.
3.
The specifications for the photocell/light detector feature.
B. No permit for such a sign shall be issued unless the sign is installed
with an automatic light detector/photocell, or a scheduled dimming
time by which the sign's light intensity will reduce when ambient
light conditions darken. Such dimming feature shall reduce the light
intensity from the sign from dusk to dawn to a level that does not
impair the visibility on any adjacent roadway or be directed on to
a residential property. Further, any such permit issued pursuant to
this Section is subject to periodical performance review by City staff
to ensure that continued compliance is maintained. Failure to correct
any notice of violation of the intensity requirements herein shall
constitute a forfeiture of the permit and the permit shall immediately
thereafter become void.
C. Electronic signs are allowed in the "B-4" Zoning District, so long as the signs meet the requirements in Subsections
(A) and
(B) above, as well as the following additional requirements:
1.
The sign will not illuminate from the message display area past
10:00 P.M.
2.
The sign will be located so as to minimize its impact onto residentially
used properties adjacent to or across road rights-of-way from such
sign.
D. Electronic signs may be authorized in the "R-1" and "R-2" Zoning Districts but only after receiving a conditional use permit from the City of Smithville in accordance with the regulations contained in Section
400.570, Conditional Use Permits.
E. The fees for an electronic, LED or digital sign shall be in addition to any fees in Section
400.510 and are included in the Comprehensive Schedule of Fees on file with the City Clerk.
[R.O. 1991 § 400.530; Ord. No. 2865-13 § 1(Exh.
A § 400.530), 4-2-2013]
Any sign that is not prohibited from
illumination as identified above may be illuminated, but only in accordance
with the illumination requirements contained in the site plan review
process of the City of Smithville.
[R.O. 1991 § 400.535; Ord. No. 2865-13 § 1(Exh.
A § 400.535), 4-2-2013]
All signs shall be maintained in
working order, with all aspects of the approved sign in place. Any
broken, faded or otherwise damaged sign shall be repaired within thirty
(30) days of the need for maintenance. If no repairs are made within
that time, the Community Development Department shall notify the permit
holder of the maintenance requirements and the permit holder shall
thereafter make such repairs in the time frame identified in the notice.
Failure to properly maintain any sign, in addition to any provisions
above requiring maintenance may result in the termination of the permit,
and will constitute a violation of this Division and subject the party
to the general penalties contained herein.
[R.O. 1991 § 400.540; Ord. No. 2865-13 § 1(Exh.
A § 400.540), 4-2-2013]
A. The following signs shall not require a
sign permit. These exemptions shall not be construed as relieving
the owner of the signs from the responsibility of its erection and
maintenance, and its compliance with the provisions of this Division,
or any other law or ordinance regulating the same.
1.
Painting, repainting or cleaning
of an advertising structure or the changing of the advertising copy
or message on a sign that is designed to allow frequent message alteration
thereon shall not be considered an erection or alteration which requires
a sign permit unless a structural change is made.
2.
Permits are not required for any
sign located within a building unless otherwise restricted by this
Division.
3.
Memorial signs, historical signs
or plaques, and tablets displayed on private property.
4.
Political signs as defined herein.
5.
Real estate signs as defined herein.
6.
Any temporary sign from a designated
charitable, fraternal or civic group or organization that has obtained
such designation from the Board of Aldermen shall be exempt from the
permitting fee requirements for temporary signs.
7.
Directional signs, as defined herein,
not exceeding three (3) square feet.
8.
Municipal signs, government oriented
signs, legal notices, trespassing signs and signs to aid safety.
9.
Open or closed signs for the business
establishment.
10.
Credit card and burglar alarm signs
or decals.
11.
Garage sale, yard sale signs.
12.
Contractor signs, as defined herein,
are allowed without a permit, but the size and time limitations contained
in the definitions Section shall apply.
13.
Businesses that, by the nature of
the business, must store merchandise outdoors and not inside a building
are allowed to place temporary signs that identify the specific location
of a product displayed outdoors without obtaining a permit so long
as the sign is not visible from off the property. If the signs are
visible from off the property and appear to be intended to encourage
customers from outside the property to enter the property, then all
regulations as to number and size of temporary signs shall apply.
The Community Development Director or his/her designee shall be the
sole arbiter of whether the placement of any such sign requires a
permit.
14.
Subdivision monument or ground signs
that provide the name of the subdivision, and only if located at the
entrance or entrances to such subdivision.