[CC 1961 §§23.23.01.01 — 23.23.01.02; Ord. No. 2974 §23.23.01, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord.
No. 4814, 10-16-2023]
A.
Purpose.
The purpose of this Article shall be to coordinate the type, placement,
and physical dimensions of signs within the different land-use zones;
to recognize the commercial communication requirements of all sectors
of the business community; to encourage the innovative use of design;
to promote both renovation and proper maintenance; to allow for special
circumstances; and to guarantee equal treatment under the law through
accurate record keeping and consistent enforcement. These shall be
accomplished by regulation of the display, erection, use, and maintenance
of signs. The use of signs is regulated according to zone. The placement
and physical dimensions of signs are regulated primarily by type and
length of street frontage. No sign shall be permitted as a main or
accessory use except in accordance with the provisions of this Article.
B.
Scope.
1.
This Article shall not relate to building design, nor shall this
Article regulate official traffic or government signs; the copy and
message of signs; signs not intended to be viewed from a public right-of-way;
window displays; product dispensers and point of purchase displays;
scoreboards on athletic fields; flags of any nation, government, or
non-commercial organization; gravestones; barber poles; religious
symbols; commemorative plaques; the display of street numbers; or
any display or construction not defined herein as a sign.
2.
Thus, the primary intent of this Article shall be to regulate signs
of a commercial nature intended to be viewed from any vehicular public
right-of-way.
[Ord. No. 4814, 10-16-2023]
If any Section, Subsection, sentence, clause, or phrase of this
Sign Ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this Sign
Ordinance. The City Council hereby declares that it would have adopted
the Sign Ordinance in each Section, Subsection, sentence, or phrase
thereof, irrespective of the fact that any one (1) or more Sections,
Subsections, sentences, clauses, or phrases be declared invalid.
[CC 1961 §23.23.02; Ord. No. 2974 §23.23.02, 6-20-1988; Ord. No. 3048 §1(23.23.02), 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord.
No. 4814, 10-16-2023]
Certain terms are defined for the purpose of this Article as
follows; definitions shall include billboards unless otherwise specified:
A sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product, or activity, and/or for
which no legal owner can be found. This definition shall also include
any billboard structure which no longer supports the billboard for
which it was designed.
The Director of Public Works or his/her designated representative,
whose responsibility it is to administer the provisions of this Article.
Any sign which uses movement or change of lighting to depict
action or to create a special effect or scene (compare "Flashing
Sign").
An area of special control that contains unique visual or
historic characteristics or whose natural beauty requires special
regulations to ensure that all billboards displayed within the area
are compatible with the area.
(see "Sign, Area Of")
A shelter projecting from and supported by the exterior wall
of a building constructed of non-rigid materials on a supporting framework
(compare "Marquee").
A sign painted on, printed on, or attached flat against the
surface of an awning.
A sign made of fabric or any non-rigid material with no enclosure
framework.
An off-premises object, device, display, sign, or structure,
or part thereof, displayed outdoors or visible from a public way,
which is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location, or to express a point of view, by any
means, including words, letters, figures, design, symbols, advertising
flags, fixtures, colors, illuminations or projected images. Each substantially
different face of a billboard structure shall constitute a separate
billboard. Billboards do not include on-premises commercial or political
signage nor small commercial or non-commercial signs temporarily placed
in residential lawns by residents, owners, contractors, realtors,
or by or on behalf of political candidates or issues.
The facing of a billboard, including copy, insignia, background,
structural supports, and border and trim. The measurement shall be
determined by the smallest rectangle inclusive of all letters and
images. The structural supports shall be excluded if they do not constitute
a major part of the billboard or if the structure is not used to identify
or attract attention to the business or product.
As defined in Section 400.020.
A sign on which the copy changes automatically on a lampbank
or through mechanical means, e.g., electrical or electronic time and
temperature units more than once every six (6) seconds.
A sign on which copy is changed manually in the field, e.g.,
readerboards with changeable letters.
Unless the context clearly discloses a contrary intent, the
word "City" shall mean the City of Berkeley, Missouri.
The smallest vertical distance between the grade of the adjacent
street or street curb and the lowest point of any sign, including
framework and embellishments, extending over that grade.
A billboard which identifies goods or services that are not
sold on the premises where the billboard is located.
A temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property
on which the sign is located.
The wording on a sign surface in either permanent or removable
letter form.
An on-premises sign giving directions, instructions, or facility
information and which may contain the name or logo of an establishment
but no advertising copy, e.g., parking or exit and entrance signs.
In the case of billboards, this shall mean a sign erected and maintained
by local officials within the public right-of-way, to indicate to
the traveling public the route and distance to public accommodations,
facilities, commercial services and points of scenic, historical,
cultural, recreational, educational or religious interest. Such signs
shall conform to all applicable State regulations regarding the placement
of billboards in public rights-of-way.
A sign with two (2) faces.
A sign or sign structure in which electrical wiring, connections,
or fixtures are used.
(see "Changeable Copy Sign, Automatic")
A highway to which access is restricted except by ramps or
interchanges.
The entire building front including the parapet.
The area of a sign on which the copy is placed.
A string of ribbons, tinsel, small flags or pinwheels.
A sign which contains an intermittent or sequential flashing
light source used primarily to attract attention. Does not include
changeable copy signs, animated signs, or signs which, through reflection
or other means, create an illusion of flashing of intermittent light
(compare "Animated Sign," "Changeable Copy
Sign").
A sign located on the roof of a building with no space between
the sign and the roof, no part of which projects above the horizontal
plane of the roof.
A sign located on the roof of a building with no space between
the sign and the roof, no part of which projects above the horizontal
plane of the roof.
The length of the property line of any one (1) premises along
a public right-of-way on which it borders.
The length of an outside building wall on a public right-of-way.
Any temporary or permanent sign erected and maintained by
the City, County, State, or Federal Government for traffic direction
or for designation of or direction to any school, hospital, historical
site, or public service, property, or facility.
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less (compare "Clearance").
A sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation
being identified.
A sign which does not meet the requirements of this Code
and which has not received legal non-conforming status.
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
A small, sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises, e.g., a credit
card sign or a sign indicating hours of business.
A parcel of land legally defined on a subdivision map recorded
with the assessment department or land registry office, or a parcel
of land defined by a legal record of survey map.
For the purposes of this Article, the cleaning, painting,
repair, or replacement of defective parts of a sign in a manner that
does not alter the basic copy, design, or structure of the sign.
A sloped roof or roof-like facade architecturally comparable
to a building wall.
A permanent roof-like structure or canopy of rigid materials
supported by and extending from the facade of a building (compare "Awning").
Any sign attached to or supported by a marquee structure.
A non-electric on-premises identification sign giving only
the name, address, and/or occupation of an occupant or group of occupants.
A sign which was erected legally but which does not comply with
subsequently enacted sign restrictions and regulations.
A sign which does not conform to the Sign Code requirements
but for which a special permit has been issued.
A billboard which was lawfully erected and maintained at the
effective date of this Article, or any amendment thereto, that does
not conform to the regulations of the district in which it is located.
The portion of a building or premises owned, leased, rented,
or otherwise occupied for a given use.
A sign structure advertising an establishment, merchandise,
service, or entertainment, which is not sold, produced, manufactured,
or furnished at the property on which said sign is located, e.g.,
"billboards" or "outdoor advertising."
A sign which pertains to the use of the premises on which
it is located.
A person recorded as such on official records. For the purposes
of this Article, the owner of property on which a sign is located
is presumed to be the owner of the sign unless facts to the contrary
are officially recorded or otherwise brought to the attention of the
Administrator, e.g., a sign leased from a sign company.
Any sign which is applied with paint or similar substance
on the face of a wall.
The extension of a false front or wall above a roofline.
For the purposes of this Article, any individual, corporation,
association, firm, partnership, or similarly defined interest.
Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser.
Covers enclosing or decorating poles or other structural
supports of a sign.
A billboard that advertises a candidate or an issue which
is to be voted on in a local, State, or Federal elections.
For the purposes of this Article, a temporary sign used in
connection with a local, State, or national election or referendum.
Political signs displayed in residential areas shall not exceed six
(6) square feet in sign face. Political signs shall be displayed no
sooner than ninety (90) days prior to an election and shall be removed
within fourteen (14) days after the election.
Any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building.
A parcel of land with its appurtenances and buildings which,
because of its unity of use, may be regarded as the smallest conveyable
unit of real estate, under the same ownership or control and which
is not divided by a street.
A sign, other than a flat wall sign, which is attached to
and projects from a building wall or other structure not specifically
designed to support the sign.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
The top edge of a roof or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor projections.
Any sign erected over or on the roof of a building that physically
projects above or out from the roof (compare "Mansard," "Wall Signs").
A sign in which the sign itself or any portion of the sign
moves in a revolving or similar manner. Such motion does not refer
to methods of changing copy.
Scenic roadsides include those land areas within the municipal
limits which lie within the viewshed of either side of the outermost
edge of any of the roads, which are of uncommon visual importance
or scenic attractiveness.
Any device, structure, fixture, or placard using graphics,
symbols, and/or written copy designed specifically for the purpose
of advertising or identifying any establishment, product, goods, or
services.
Projecting And Freestanding. The area of a freestanding or projecting
sign shall have only one (1) face (the largest one) of any double
or multi-faced sign counted in calculating its area. The area of the
sign shall be measured as follows if the sign is composed of one (1)
or two (2) individual cabinets:
The area around and enclosing the perimeter of each cabinet
or module shall be summed and then totaled to determine total area.
The perimeter of measurable area shall not include embellishments
such as pole covers, framing, decorative roofing, etc., provided that
there is not written advertising copy on such embellishments.
If the sign is composed of more than two (2) sign cabinets or
modules, the area enclosing the entire perimeter of all cabinets and/or
modules within a single, continuous geometric figure shall be the
area of the sign. Pole covers and other embellishments shall not be
included in the area of measurement if they do not bear advertising
copy.
Wall Signs. There shall be within a single, continuous perimeter
composed of any straight line geometric figure which encloses the
extreme limits of the advertising message. If the sign is composed
of individual letters or symbols using the wall as the background
with no added decoration, the total sign area shall be calculated
by measuring the area within the perimeter of the advertising message.
A temporary sign or poster affixed to a tree, fence, etc.
Spacing of billboards shall be the minimum distance between
outdoor advertising billboard structures measured along the nearest
edge of the pavement between points directly opposite the billboards
along each side of the highway and shall apply to outdoor advertising
billboard structures located on both sides of the highway involved.
Anything built that requires a permanent location.
A freestanding or wall sign identifying a recognized subdivision,
condominium complex, or residential development.
A sign not constructed or intended for long-term use.
A sign suspended beneath a canopy, ceiling, roof, or marquee.
The purpose for which a building, lot, sign, or structure
is intended, designed, occupied, or maintained.
An area visible from the road that provides vistas over water
or across expanses of land, such as farmland, woodlands, coastal wetlands,
mountaintops or ridgelines.
A sign attached parallel to and extending not more than twenty-four
(24) inches from the wall of a building. This definition includes
painted, individual letter, and cabinet signs, and signs on a mansard.
A sign installed inside a window and intended to be viewed
from the outside. Window signs referring to sales and/or products
for sale shall not exceed ten percent (10%) of the window area or
ten (10) square feet in area, whichever is the smaller of the dimension.
[CC 1961 §23.23.03; Ord. No. 2974 §23.23.03, 6-20-1988; Ord. No. 3048 §1 (23.23.03), 5-1-1989; Ord. No. 4814, 10-16-2023]
It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the City of Berkeley, Missouri, except in accordance with the provisions of this Article, and this Chapter 400, Zoning Regulations.
[CC 1961 §23.23.03.01; Ord. No. 2974 §23.23.03.01, 6-20-1988; Ord. No. 3048 §1(23.23.03.01), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
The
following types of signs are prohibited in all districts:
1.
Abandoned signs.
3.
Signs imitating or resembling official traffic or government signs
or signals.
4.
Snipe signs or signs attached to trees, telephone poles, public benches,
street lights, or placed on any public property or public right-of-way.
5.
Signs placed on vehicles or trailers which are parked or located
for the primary purpose of displaying said sign. (This does not apply
to allowed portable signs or to signs or lettering on buses, taxis,
or vehicles operating during the normal course of business.)
6.
Hand written, hand painted, handmade or other unprofessionally fabricated
signs. A “professionally” hand-painted sign is one that
has been prepared or created by a person engaged in the paid occupation
of sign-painting and generally reproduces font sets created by such
foundries as Adobe, Microsoft, BitStream, etc.
[CC 1961 §24.08; Ord. No. 1041; Ord. No. 4814, 10-16-2023]
A.
Any person having a merchant's license and operating as a merchant in the City may erect a sign or signs on the building or buildings occupied by his/her business or on the premises or lot adjacent thereto, advertising his/her business or products, and shall be required to pay the license fee as required in Section 400.780. Nothing in this Section shall relieve any merchant of the duty of making application for a permit to erect a sign of any size in the City and paying the application fee therefor.
B.
Any
merchant desiring to erect a sign other than on his/her immediate
premises shall be subject to all the rules and regulations of this
Chapter the same as if he/she were not a merchant in the City.
C.
The
requirements of this Chapter pertaining to sign permits shall not
relieve anyone of the obligation to apply for a building permit wherever
a building permit is otherwise required by this Code.
[CC 1961 §23.23.03.02; Ord. No. 2974 §23.23.03.02, 6-20-1988; Ord. No. 3048 §1(23.23.03.02), 5-1-1989; Ord. No. 4814, 10-16-2023]
[CC 1961 §23.23.03.03; Ord. No. 2974 §23.23.03.03, 6-20-1988; Ord. No. 3048 §1(23.23.03.03), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
The
following types of signs are exempted from permit requirements but
must be in conformance with all other requirements of this Article:
(See accessory uses in appropriate district of this Chapter.) provided,
however, that all such signs must meet the setback requirements of
this Article and shall not be located within any public right-of-way.
1.
Signs erected by or at the direction of the City or any government
entity in the right-of-way or on any government owned parcel are exempt
from provisions of this Article.
2.
Historic markers authorized by the City are exempt.
3.
Property address numbers as required by the City are considered “official
governmental signs” and are exempt.
4.
Incidental signs (as defined in this Code) that are located in conjunction
with a multi-family or non-residential use are exempt, provided such
signs are not illuminated and that the aggregate of all such signs
on a property may not exceed nine (9) square feet (unless a larger
aggregate area is required by law or government regulation).
5.
Displays or decorations related to a holiday or seasonal event (as
defined in this Code) that are placed on a residentially zoned property
by the owner or with the owner’s permission as personal (non-commercial)
speech (also as defined in this Code) are exempt.
6.
Signs containing a non-commercial message with a maximum total sign
face area not to exceed sixteen (16) square feet per lot and a maximum
height of four (4) feet per sign.
7.
A real estate sign which is permitted by Section 67.317, RSMo. Such
sign may advertise the property for sale, lease, or rent, but is limited
to six (6) square feet per sign face and a maximum of two (2) sign
faces. Real estate signs shall be removed from the premises ten (10)
days after the premises is sold, leased, or rented.
8.
Window displays of goods available on a site are not considered to
be signs and are exempt from these sign regulations.
9.
A building design or color that is associated with a particular establishment
or organization but which conveys no message is not considered to
be a sign and is exempt from these sign regulations.
[CC 1961 §23.23.03.04; Ord. No. 2974 §23.23.03.04, 6-20-1988; Ord. No. 3048 §1(23.23.03.04), 5-1-1989; Ord. No. 4814, 10-16-2023]
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Administrator shall have the right under Section 400.840 to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated, as defined in Section 505.020 of the City's Building Code.
[CC 1961 §23.23.03.05; Ord. No. 2974 §23.23.03.05, 6-20-1988; Ord. No. 3048 §1(23.23.03.05), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
Upon
applying for and receiving a sign permit, any sign may be illuminated.
However, no sign regulated by this Article may utilize:
[1]
Editor's Note: Former Section 400.700, Changeable Copy, was
repealed 10-16-2024 by Ord. No. 4814. Prior history includes: CC 1961
§23.23.03.06; Ord. No. 2974; and Ord. No. 3048
[CC 1961 §23.23.03.07; Ord. No. 2974 §23.23.03.07, 6-20-1988; Ord. No. 3048 §1(23.23.03.07), 5-1-1989; Ord. No. 4814, 10-16-2023]
No person may engage in the business of erecting, altering,
relocating, constructing, or maintaining signs without a valid contractor's
license and all required State and Federal licenses.
[CC 1961 §23.23.03.08; Ord. No. 2974 §23.23.03.08, 6-20-1988; Ord. No. 3048 §1(23.23.03.08), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
All
persons involved in the maintenance, installation, alteration, or
relocation of signs near or upon any public right-of-way or property
shall agree to hold harmless and indemnify the City, its officers,
agents, and employees, against any and all claims of negligence resulting
from such work insofar as this Article has not specifically directed
the placement of a sign.
B.
All
persons involved in the maintenance, installation, alteration, or
relocation of signs shall maintain all required insurance and shall
file with the State a satisfactory certificate of insurance to indemnify
the State, County, or City against any form of liability to a minimum
of one million dollars ($1,000,000.00).
[CC 1961 §§23.23.04 — 23.23.04.04; Ord. No. 2974 §23.23.04, 6-20-1988; Ord. No. 3048 §1(23.23.04), 5-1-1989; Ord.
No. 4814, 10-16-2023]
A.
The
following signs are permitted in all zoning districts; subject to
all of the limitations and provisions stated in this Chapter:
1.
Residential development identification signs which are permanent
signs designating a multi-family development, subdivision or neighborhood.
Such signs shall be limited to thirty-two (32) square feet per sign
face with a maximum of two (2) sign faces. Each such development shall
be limited to one (1) double-faced sign or two (2) single-faced signs
per entrance. In addition, directional signs internal to a multi-family
development may also be approved by the Department of Public Works,
provided that such signs are not more than three (3) square feet in
size.
2.
A residential sign; provided, however, that there shall be only one (1) such sign on any lot. Such sign may contain a religious or political message or other information but may not contain a commercial message. A residential sign shall have a maximum sign area of six (6) square feet per sign face and a maximum of two (2) sign faces. No permit shall be required for such a sign provided that the sign is erected by the owner or with the owner's permission. Election signs are regulated in Subsection (A)(5) of this section.
3.
A real estate sign which is permitted by Section 67.317, RSMo. Such
sign may advertise the property for sale, lease, or rent, but is limited
to six (6) square feet per sign face and a maximum of two (2) sign
faces. Real estate signs shall be removed from the premises ten (10)
days after the premises is sold, leased, or rented.
4.
Institutional signs concerning institutional uses such as schools, country clubs, monasteries, convents, and places of worship. Such institutions shall be allowed one (1) permanent wall sign and one (1) permanent freestanding sign. Institutional uses with contiguous lots or parcels totaling five (5) acres or more in size shall be allowed a dynamic display sign per the regulations and criteria outlined in Section 400.730(B)(6). In addition, a place of worship having a significant accessory use or uses such as a day care facility, may have one (1) additional freestanding sign. No permanent sign shall contain a sign face with an area exceeding thirty-two (32) square feet in size and no freestanding sign shall have more than two (2) faces. One (1) of the permanent signs may be a bulletin board sign with changeable copy. In addition, such institutions shall be permitted one (1) temporary sign which may be a single or double-faced sign although no single sign face shall exceed six (6) square feet and the total gross area of any such sign shall not exceed twelve (12) square feet. Display of such sign shall be limited to a period of fifty-five (55) days. Institutional signs in non-residential zoning districts may compute allowable signage based on the on-premise permanent sign size allowances in Section 400.730 in lieu of the requirements specified in this Subsection.
5.
Election signs may be erected within a period extending one hundred
twenty (120) days prior to and ten (10) days after any election held
within St. Louis County, with the property owner's permission. Such
signs shall be in addition to the permitted signage permitted by other
provisions of this Chapter on any lot or parcel of land in the City.
Each lot or parcel of land shall be permitted one (1) or more single
or double-faced signs although no single sign face shall exceed six
(6) square feet and the total gross area of any such sign shall not
exceed twelve (12) square feet. No election sign shall exceed twelve
(12) feet in height.
6.
In addition to a real estate sign allowed in Subsection (A)(3) of this Section, up to six (6) temporary open house signs shall also be allowed. One (1) such sign shall be allowed on-site and up to five (5) are allowed off-site. Not more than one (1) off-site open house sign shall be allowed per street. Open house signs shall be limited to a maximum sign area of six (6) square feet per sign face and a maximum of two (2) sign faces, and shall be permitted for up to three (3) consecutive days and shall be removed no later than one (1) day after the open house. A minimum of four (4) days shall transpire prior to posting any open house sign on the same lot or parcel for a second or subsequent time. No permit shall be required for such a sign.
B.
Permitted
Signs In Non-Residential Zoning Districts.
1.
Types Of Signs. In addition to the signs allowed by Section 400.730, additional signs are allowed in non-residential zoning districts which are necessary to identify and promote business, industry, and institutions. These signs include the following:
2.
On-Premises Permanent Signs. On-premises permanent signs include wall signs, projecting signs, awning signs, canopy signs, window signs, flat roof signs, freestanding permanent signs and changeable copy signs. The total square footage of all on-premise permanent signs allowed on a site shall not exceed two (2) square feet of sign area per linear foot of sign frontage as defined in Section 400.630. Additional regulations are as follows:
a.
The total sign area of all signs located on any wall of a building
(including wall signs, awning signs, canopy signs, and window signs)
shall not exceed ten percent (10%) of the area of such wall. The total
area of a projecting sign shall not exceed one (1) square foot of
sign area per sign face per linear foot of sign frontage.
b.
Flat roof signs are allowed in the "AD" Airport Districts, and "M-1"
and "M-2" Industrial Districts, so long as they are only illuminated
from above (no internal lighting or dynamic display). The square footage
of flat roof signs is not included in the calculation of total square
footage of on-premise permanent signs.
c.
Freestanding signs shall be allowed based on the amount of sign frontage.
The sign frontages specified below shall be based on a single frontage.
Two (2) or more sign frontages shall not be combined to meet the minimum
frontages.
(1)
Sites with less than one hundred (100) feet of sign frontage
shall not be allowed a freestanding sign.
(2)
Sites with at least one hundred (100) feet of sign frontage
shall be allowed a low monument sign not exceeding six (6) feet in
height. Such sign shall not exceed twenty-five (25) square feet of
sign area per sign face with not more than two (2) sign faces.
(3)
Sites with at least one hundred fifty (150) feet of sign frontage shall be allowed one (1) pole sign not exceeding thirty-five (35) feet in height or one (1) low monument sign allowed in Subsection (B)(2)(c)(3). Such pole sign shall not exceed sixty-four (64) square feet in sign area per sign face with not more than two (2) sign faces.
(4)
Sites with at least three hundred (300) feet of sign frontage shall be allowed one (1) pole sign not exceeding thirty-five (35) feet in height allowed in Subsection (B)(2)(c)(2), and one (1) low monument sign allowed in Subsection (B)(2)(c)(3).
(5)
Comprehensive Signs.
(a)
A comprehensive sign plan may be submitted to the City Plan
Commission by the developers or owners of an existing or proposed
commercial development which will occupy the entire frontage of one
(1) or more block fronts when the site is zoned "C-1," "C-2," Downtown
Core, Airport Frontage, "M-1" or "M-2" Indusrtial, "AD" Northpark,
or "AD-2" Airport, or by the developers or owners of separate but
contiguous parcels in these districts that have public cross-access
roadways between the districts. Such a plan shall include the location,
size, height, color, lighting, and orientation of all proposed signs
and any other information as required by the Plan Commission. The
comprehensive sign plan may be submitted for approval in conjunction
with the required site plans for the development. If the plan is found
to be acceptable as provided for in this Section, exceptions to the
provisions of this Chapter may be granted, if such exceptions result
in an improved relationship between the various parts of the plan.
All comprehensive sign plans shall be approved by the City Plan Commission
and the Berkeley City Council.
(b)
If approved as part of a comprehensive sign plan, the on-premises freestanding signs allowed by Section 400.730(B)(2)(c) of this Chapter may include off-premises signs for the development of separate but contiguous developments in a district.
d.
A message board may be approved by the Plan Commission as part of
a site for a commercial use if the use has at least one hundred fifty
(150) feet of sign frontage on a single public street. The area of
a message board shall be limited to sixty-four (64) square feet per
sign face with not more than two (2) sign faces, and shall not exceed
thirty-five (35) feet in height unless said sign is within view of
a highway within the City. For such a commercial use located within
view of a highway within the City, the allowable size of the message
board may be increased to not greater than one hundred seventy-five
(175) square feet per sign face with not more than two (2) sign faces.
e.
Prior to erection of any permanent on-premises sign allowed by Subsections (B)(2)(a), (b), or (c) of this Section, the applicant, owner, or lessee of the premises for which the sign(s) is proposed shall post a bond to cover the costs of removal of the sign(s) should the establishment go out of business and fail to remove such sign(s).
f.
The total gross sign area of all permanent window signage, striping,
incidental signs and paper/temporary window signs shall not exceed
twenty-five percent (25%) of the total clear glass area along the
portion of the storefront on which the signs are located. Sign permits
shall not be required for incidental window signs that do not exceed
one (1) square foot in sign area or temporary window signs that do
not exceed six (6) square feet in sign area.
g.
A filling station or public garage shall be permitted one (1) separate
price sign not to exceed twenty (20) square feet in area which shall
be attached to the same structure as the freestanding sign, but below
the main sign.
3.
Special Purpose Signs. Signs authorized in this Subsection are not
to be included in calculating the allowable gross sign area for on-premises
permanent signs.
a.
Parking Direction Signs. One (1) freestanding parking direction sign
per direction, which may be internally illuminated, shall be permitted
for each driveway, provided the sign does not exceed ten (10) square
feet in gross sign area per face, the sign height does not exceed
three (3) feet, and no portion of the sign shall extend into the public
right-of-way. If the sign is located at a private driveway, the sign
may contain the address of the business or institution on the premises.
b.
Parking Regulation Signs. One (1) non-illuminated parking regulation
sign (such as no parking, parking reserved for, and similar signs),
not exceeding five (5) square feet in gross sign area and not exceeding
ten (10) feet in sign height, shall be permitted for each commercial
or public parking lot. Parking lots with more than twenty (20) parking
spaces shall be permitted one (1) such sign for each twenty (20) parking
spaces. In addition, a handicapped, van accessible, or similar sign
shall be allowed for each handicapped parking space. The size and
height of such sign shall be no larger or higher than required to
be in compliance with the Americans with Disabilities Act.
c.
Covered Walkway Signs. A sign, not to exceed two (2) square feet
in gross sign area, may be hung from the ceiling of a covered walkway
that is attached to the front of a retail store. Such a sign shall
not exceed eighteen (18) inches in drop from the bottom of the said
sign to the ceiling surface of the covered walkway, nor shall the
bottom of said sign be less than seven (7) feet above the sidewalk
surface it is hanging over. Only one (1) covered walkway sign per
business shall be allowed. Such a sign shall be hung perpendicular
to the retail store front so as to be beneficial to pedestrian traffic.
d.
Menu Boards. Menu boards at drive-in restaurants or drive-through
windows at restaurants may be allowed, provided the message on such
menu board is not legible off the premises.
e.
Light Pole Artwork Signs. Light pole artwork signs shall be permitted
on light poles in public surface parking lots accommodating a minimum
of two hundred (200) vehicles. All light poles supporting these signs
must be located a minimum of fifteen (15) feet from the front curb
line of the parking lot. The bottom of such sign shall not be lower
than twelve (12) feet from the base of the light pole. In addition,
temporary light pole artwork signs may be permitted on light poles
or similar utility poles adjacent to a public street to announce special
events. The gross sign area of each light pole artwork sign shall
not exceed eighteen (18) square feet with a maximum of two (2) signs
per light pole. No part of the sign shall project more than three
(3) feet beyond the vertical centerline of the light pole. These signs
shall be attached to the light pole in such a manner as to minimize
any sign movement. Any torn, frayed, or faded light pole artwork sign
must be repaired, replaced, or removed entirely within ten (10) days
of written notification.
4.
Temporary Signs. Temporary signs allowed in non-residential zoning
districts include on-site construction signs, temporary advertising
signs, real estate signs, election signs, and special event signs.
a.
On-Site Construction Sign. Only one (1) such sign per entire development
denoting the owner, architect, engineer, consultant, developer, lender
and/or contractor, not to exceed ten (10) feet in height from top
of sign to top of grade or two (2) feet in height from bottom of sign
to top of grade, shall be permitted. Such a sign shall be erected
out of the public right-of-way and shall be removed ten (10) days
after the receipt of an occupancy permit for a building or development.
b.
Temporary Advertising Signs. The Director of Public Works, or the
Director's designee may issue a permit for one (1) temporary sign
advertising a special promotion or grand opening for a period not
exceeding thirty (30) consecutive days. The advertisement contained
on the temporary sign shall pertain only to the business, industry,
or pursuit conducted on or within the premises on which such sign
is erected. The temporary advertising sign may be a sign or banner
affixed on poles, wires, ropes, or may be streamers, inflatable signs,
tethered balloons, a wind-operated device, an "A" frame sign, or a
similar device. Temporary signs as authorized herein may be displayed
on a premises for a maximum of ninety (90) days per calendar year
provided that no individual temporary advertising sign is displayed
for a period exceeding thirty (30) consecutive days, there is a minimum
of thirty (30) days between the display of temporary advertising signs
on a premises, and no premises shall be issued more than six (6) permits
for temporary advertising signs during any calendar year.
c.
Real Estate Signs. In lieu of the real estate signs allowed by Section 400.730(A)(3), a real estate sign in a non-residential zoning district may exceed six (6) square feet per sign face based on the formula in Subsection (B)(4)(f) of this Section provided that the sign is limited to advertising the premises on which it is located. Real estate signs shall be removed from the premises ten (10) days after the premises is sold, leased, or rented.
d.
Election Signs. In lieu of the election sign size limitation allowed by Section 400.730, temporary election signs in non-residential zoning districts may exceed six (6) square feet per sign face based on the formula in Subsection (B)(4)(f) of this Section. All other requirements of Section 400.730, Subsection (B)(4)(e), apply to election signs in non-residential districts.
e.
Special Event Signs. Signs or banners promoting or announcing a special event sponsored by a governmental or non-profit agency may be approved by the Director of Public Works. Such signs shall not be erected more than forty-five (45) days prior to the event and shall be removed within ten (10) days following the event. The size of such sign shall be based on the formula in Subsection (B)(4)(f) of this Section except for signs erected over a roadway which shall not exceed sixty-four (64) square feet per sign face.
f.
Size Limitations. All temporary signs in non-residential zoning districts
shall be limited to the size limitations enumerated in this Subsection.
The maximum size of temporary signs shall be based on the sign frontage
of the lot or building space (if the business is located within a
shopping center). In the case of corner lots, only one (1) sign frontage
shall be used in calculating the allowable size of the sign.
|
Sign Frontage
|
Maximum Size of Sign per Sign Face
|
|---|---|
|
Less than 100 feet
|
32 square feet
|
|
100 to 200 feet
|
48 square feet
|
|
Greater than 200 feet
|
64 square feet
|
g.
Temporary Window Signs. A temporary window sign not exceeding six
(6) square feet in size may be placed in the window of a commercial
establishment without a permit, provided that the total square footage
of all signs placed on or in the windows of the establishment do not
exceed twenty-five percent (25%) of the total window area.
5.
A-Frame Signs. A-frame signs are allowed in the Downtown Core Business
District only, based on the following criteria:
a.
Such signs are limited to eight (8) square feet per sign face with
not more than two (2) sign faces;
b.
The overall size of the sign shall not exceed thirty (30) inches
in width nor forty-eight (48) inches in height;
c.
Such signs may not be internally illuminated;
d.
Such signs may be placed only on the sidewalk in front of the place
of business and must allow a three-foot wide space on the sidewalk
for pedestrians to pass;
e.
Such signs must be professionally prepared and be in character with
the surrounding area;
f.
Such signs shall be removed from the sidewalk and placed inside the
business at the close of each business day and/or whenever the business
ceases to be open;
g.
Such signs shall be secured in a fashion to prevent them from blowing
over or falling over.
6.
Dynamic Display Signs. Dynamic display signs are allowed in the "C-2,"
"M-1," "M-2," "AD," and "AD-2" Zoning Districts, based on the following
criteria:
a.
Shall be approved by the Plan Commission, and be part of a comprehensive
sign plan.
b.
Shall be located on a site with at least one hundred fifty (150)
feet of sign frontage.
c.
Shall not exceed the total number of free standing signs allowed.
d.
Shall be set back a minimum of fifteen (15) feet from the right-of-way,
unless at an intersection.
e.
Such signs shall be limited to a free standing sign and be perpendicular
to the right-of-way, unless at an intersection.
f.
Shall be set back a minimum of twenty-five (25) feet from the point
of the intersection of the curb or edge of two (2) intersecting streets,
and can be read from both streets.
g.
Shall not exceed a height of fifteen (15) feet.
h.
Shall not exceed thirty (30) square feet and/or fifty percent (50%)
of the total square footage of the sign face, whichever is less.
i.
Shall not include animation, full motion video, flashing, scrolling,
strobing, racing, blinking, changes in color, fade in or fade out
in any manner imitating movement.
j.
Images and messages displayed must be static, and the transition
from one (1) static display to another must be instantaneous with
no special effects or the transition may provide a black screen for
at least ten (10) seconds before transitioning to a new message, except
for signs within two hundred fifty (250) feet of an intersection,
then each message shall be illuminated for at least thirty (30) seconds
before transitioning to a new message.
k.
Shall not cause glare, disturbance, or other problems to residential
properties or land uses, and shall not be located within one hundred
fifty (150) feet from any residential dwelling.
l.
No sign shall be of such intensity or brilliance as to impair the
vision of a motor vehicle driver, nor shall interfere with official
traffic signs, devices, or signals.
m.
Signs shall have ambient light monitors that automatically adjust
the brightness level of the sign based on light conditions, and not
exceed a brightness level of three-tenths (0.3) foot candles above
ambient light as measured using a foot candle (Lux) meter.
n.
Shall provide certification from the sign manufacturer stating that
the sign is capable of complying with the above brightness provisions.
o.
May only display and advertise information about products, events,
persons, institutions, activities, businesses, services or subjects
that are located on the premises or on the site or only to provide
public service or community service information.
C.
Illuminated
Signs.
1.
In residentially zoned areas, no illuminated signs shall be permitted except permanent signs for places of worship, schools, or government-owned and operated buildings, and except for signs associated with a pre-existing non-conforming use. Signs associated with a pre-existing non-conforming use shall be subject to the regulations in Subsection (B)(2) of this Section.
2.
Illuminated signs in all areas of the City shall be subject to the
following requirements:
a.
The light from any illuminated sign shall be shaded, shielded, and/or
directed away from the residents or occupants of surrounding areas.
The intensity of such light shall not exceed one-half (1/2) foot candle
at the property line of any adjoining residentially zoned property.
b.
No sign shall have blinking, flashing, or fluttering lights or other
illuminating device of variable light intensity, brightness, or color,
except for message boards.
c.
Neither direct nor reflected light from primary light sources shall
create a hazard to operators of motor vehicles on public thoroughfares.
d.
No sign that is visible in a direct and unobstructed line of sight
from any runway may be built as a dynamic display sign, or illuminated
to such an extent as to be a sight hazard for pilots.
[CC 1961 §§23.23.05 — 23.23.05.03; Ord. No. 2974 §23.23.05, 6-20-1988; Ord. No. 3048 §1(23.23.05), 5-1-1989; Ord.
No. 4814, 10-16-2023]
A.
Determination
Of Legal Non-Conformity. Existing signs which do not conform to the
specific provisions of this Article may be eligible for the designation
"legal non-conforming" provided that:
C.
Maintenance
And Repair Of Non-Conforming Signs. The legal non-conforming sign
is subject to all requirements of this Code regarding safety, maintenance,
and repair. However, if the sign suffers more than fifty percent (50%)
appraised damage or deterioration, it must be brought into conformance
with this Code or removed.
[CC 1961 §§23.23.06 — 23.23.06.04; Ord. No. 2974 §23.23.06, 6-20-1988; Ord. No. 3048 §1(23.23.06), 5-1-1989; Ord.
No. 4814, 10-16-2023]
A.
Compliance
With Building And Electrical Codes. All signs shall be constructed
in accordance with the requirements of the City Building Code and
the City Electrical Code.
B.
Anchoring.
1.
No sign shall be suspended by non-rigid attachments that will allow
the sign to swing in a wind.
2.
All freestanding signs shall have self-supporting structures erected
on or permanently attached to concrete foundations.
3.
All portable signs on display shall be braced or secured to prevent
motion.
D.
Additional
Construction Specifications.
1.
No signs shall be erected, constructed or maintained so as to obstruct
any fire escape, required exit, window or door opening used as a means
of egress.
2.
No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation, except that signs
may be erected in front of and may cover transom windows when not
in violation of the provisions of the City Building or Fire Prevention
Code.
3.
Signs shall be located in such a way as to maintain horizontal and
vertical clearance of all overhead electrical conductors in accordance
with City Electrical Code specifications, depending on voltages concerned.
However, in no case shall a sign be installed closer than thirty-six
(36) inches horizontally or vertically from any conductor or public
utility guy wire.
4.
Flat roof signs must be non-reflective and only lit from above.
5.
The use of construction cranes to install a sign that are taller
than the building itself may additionally be subject to FAA height
review.
[CC 1961 §§23.23.07 — 23.23.07.01; Ord. No. 2974 §23.23.07.01, 6-20-1988; Ord. No. 3048 §1(23.23.07), 5-1-1989; Ord.
No. 4814, 10-16-2023]
A.
The Administrator shall be hired by the City Manager and is authorized to process applications for permits and enforce and carry out all provisions of this Code, both in letter and in spirit. The Administrator is authorized to promulgate regulations and procedures consistent with this function. Signs requiring special use permits or variances, shall be forwarded to the City Council for submittal to the City Plan Commission in accordance with Section 400.530.
B.
The
Administrator is empowered, upon presentation of proper credentials,
to enter or inspect any building, structure, or premises in the City
for the purpose of inspection of a sign and its structural and electrical
connections to ensure compliance with all applicable Codes and ordinances.
Such inspections shall be carried out during business hours unless
an emergency exists.
[CC 1961 §23.23.07.02; Ord. No. 2974 §23.23.07.02, 6-20-1988; Ord. No. 3048 §1 (23.23.07.02), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
Application
for a permit for the erection, alteration, or relocation of a sign
shall be made to the Administrator upon a form provided by the Administrator
and shall include the following information:
1.
Name and address of the owner of the sign.
2.
Street address or location of the property on which the sign is to
be located, along with the name and address of the property owner.
3.
The type of sign or sign structure as defined in this Article.
4.
A site plan showing the proposed location of the sign along with
the locations and square footage areas of all existing signs on the
same premises.
5.
Specifications and scale drawings showing the materials, design,
dimensions, structural supports, and electrical components of the
proposed sign.
6.
Specifications, scale drawings, and computations shall be signed
and sealed by a registered architect or engineer licensed to do business
in the State of Missouri.
[CC 1961 §§23.23.07.03, 24.07; Ord. No. 2974 §23.23.07.03, 6-20-1988; Ord. No. 3048 §1(23.23.07.03), 5-1-1989; Ord. No. 3120 §1, 4-16-1990; Ord. No. 3189 §1, 12-18-1991; Ord. No. 3479 §1, 2-7-2000; Ord. No. 4814, 10-16-2023]
A.
Generally.
All applications for permits filed with the Administrator shall be
accompanied by a payment of the initial permit fee for each sign according
to the following schedule.
B.
Sign
Permit Fees.
1.
Any person desiring to post bills or to erect and maintain commercial
signs or to paint any sign on the side of a commercial building shall
first make written application to the Department of Public Works for
a sign permit.
a.
The fees for sign permits for each ground sign, post sign, roof sign,
wall sign, or marquee sign shall be as follows:
(1)
One hundred twenty-five dollars ($125.00) for each sign up to
one hundred (100) square feet in size. This includes standard processing,
plan review, and two (2) inspections.
(2)
One hundred seventy-five dollars ($175.00) for each sign more
than one hundred (100) square feet in size, plus three cents ($0.03)
x the additional square footage over one hundred (100) square feet.
This includes standard processing, plan review, and two (2) inspections.
Additional anticipated inspections due to complexity of structure
shall be charged at the rate of twenty-five dollars ($25.00) per inspection.
(3)
All signs on one (1) lot not exceeding in aggregate the maximum
allowable size and all inspected at one (1) time may be allowed on
one (1) permit for one (1) fee.
2.
In addition to the foregoing, any person, firm or corporation, except
charitable, benevolent, religious or fraternal, engaged in the business
of erecting and displaying billboards or signboards, and not otherwise
engaged in any business in the City wherein a merchant's license is
required, shall obtain a merchant's license and pay the minimum fee
of fifty dollars ($50.00).
[CC 1961 §23.23.07.04; Ord. No. 2974 §23.23.07.04, 6-20-1988; Ord. No. 3048 §1(23.23.07.04), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
The
Administrator shall issue a permit and permit sticker for the erection,
alteration, or relocation of a sign within ninety (90) days of receipt
of a valid application, except for signs requiring a special use permit,
provided that the sign complies with all applicable laws and regulations
of the City. In all applications, where a matter of interpretation
arises, the more specific definition or higher standard shall prevail.
B.
When
a permit is denied by the Administrator, he/she shall give a written
notice to the applicant along with a brief statement of the reasons
for denial. The Administrator may suspend or revoke an issued permit
for any false statement or misrepresentation of fact in the application.
[CC 1961 §23.23.07.05; Ord. No. 2974 §23.23.07.05, 6-20-1988; Ord. No. 3048 §1(23.23.07.05), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
If
a permit is denied, the permit fee will be refunded to the applicant.
B.
If
no inspections have been made and no work authorized by the permit
has been performed, the permit fee, except for twenty-five dollars
($25.00), may be refunded to the applicant upon request, provided
that the permit and permit sticker are returned to the Administrator
within thirty (30) days of issuance.
C.
A permit
issued by the Administrator becomes null and void if work is not commenced
within one hundred eighty (180) days of issuance. If work authorized
by the permit is suspended or abandoned for thirty (30) days, the
permit must be renewed with an additional payment of one-half (1/2)
of the original fee.
D.
If
any sign is installed or placed on any property prior to receipt of
a permit, the specified permit fee shall be doubled. However, payment
of the doubled fee shall not relieve any person of any other requirements
or penalties prescribed in this Article.
[CC 1961 §23.23.07.06; Ord. No. 2974 §23.23.07.06, 6-20-1988; Ord. No. 3048 §1(23.23.07.06), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
Any
person installing, altering, or relocating a sign for which a permit
has been issued shall notify the Administrator upon completion of
the work. The Administrator may require a final inspection, including
an electrical inspection and inspection of footings on freestanding
signs.
B.
The
Administrator may require, in writing, upon issuance of a permit that
he/she be notified for inspection prior to the installation of certain
signs.
[CC 1961 §23.23.07.07; Ord. No. 2974 §23.23.07.07, 6-20-1988; Ord. No. 3048 §1(23.23.07.07), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
In obtaining a permit, the applicant may apply to the Administrator for a variance from certain requirements of this Code. A variance may be granted by the City Council where the literal application of the Code would create a particular hardship for the sign user and the following criteria are met: (See special land use permit procedure, Section 400.530)
1.
A literal application of the Code would not allow the property to
be used at its highest and best use as zoned.
2.
The granting of the requested variance would not be materially detrimental
to the property owners in the vicinity.
3.
Hardship caused the sign user under a literal interpretation of the
Code is due to conditions unique to the property and does not apply
generally to the City.
4.
The granting of the variance would not be contrary to the general
objectives of this Code.
B.
In
granting a variance, the City Council and/or Board of Adjustment may
attach additional requirements necessary to carry out the spirit and
purpose of this Article in the public interest.
[CC 1961 §23.23.07.08; Ord. No. 2974 §23.23.07.08, 6-20-1988; Ord. No. 3048 §1(23.23.07.08), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
When,
in the opinion of the Administrator, a violation of the Code exists,
the Administrator shall issue a written order to the alleged violator.
The order shall specify those Sections of the Code of which the individual
may be in violation and shall state that the individual has fifteen
(15) days from the date of the order in which to correct the alleged
violation or to appeal to the City Council.
B.
If,
upon inspection, the Administrator finds that a sign is abandoned
or structurally, materially or electrically defective, or in any way
endangers the public, the Administrator shall issue a written order
to the owner of the sign and occupant of the premises stating the
nature of the violation and requiring them to repair or remove the
sign within fifteen (15) days of the date of the order.
[CC 1961 §23.23.07.09; Ord. No. 2974 §23.23.07.09, 6-20-1988; Ord. No. 3048 §1(23.23.07.09), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
The
Administrator may cause the removal of an illegal sign in cases of
emergency, or for failure to comply with the written orders of removal
or repair. After removal or demolition of the sign, a notice shall
be mailed to the sign owner stating the nature of the work and the
date on which it was performed and demanding payment of the costs
as certified by the Administrator together with an additional twenty
percent (20%) for inspection and incidental costs.
B.
If
the amount specified in the notice is not paid within thirty (30)
days of the notice, it shall become an assessment upon a lien against
the property of the sign owner, and will be certified as an assessment
against the property together with a twenty percent (20%) penalty
for collection in the same manner as the real estate taxes.
C.
The
owner of the property upon which the sign is located shall be presumed
to be the owner of all signs thereon unless facts to the contrary
are brought to the attention of the Administrator, as in the case
of a leased sign.
D.
For
purposes of removal, the definition of sign shall include all sign
embellishments and structures designed specifically to support the
sign.
[CC 1961 §23.23.07.10; Ord. No. 2974 §23.23.07.10, 6-20-1988; Ord. No. 3048 §1(23.23.07.10), 5-1-1989; Ord. No. 4814, 10-16-2023]
Any person who fails to comply with the provisions of this Article
may be subject to a fine of five hundred dollars ($500.00) for each
day or portion thereof that the violation continues, up to a maximum
of one million dollars ($1,000,000.00).
[CC 1961 §23.23.07.11; Ord. No. 2974 §23.23.07.11, 6-20-1988; Ord. No. 3048 §1(23.23.07.11), 5-1-1989; Ord. No. 4814, 10-16-2023]
A.
Any
failure to respond to an application within ninety (90) days of receipt
or any decision rendered by the Administrator in denying a permit
or variance or in alleging a violation of this Article may be appealed
to the City Council within one hundred twenty (120) days of the Administrator's
receipt of application.
B.
The
action being appealed shall be held in abeyance pending the decision
of the Council or Board.
[CC 1961 §§23.23.08 — 23.23.08.01; Ord. No. 2974 §23.23.08.01, 6-20-1988; Ord. No. 4814, 10-16-2023]
If any portion of this Code is found to be in conflict with
any other provision of any zoning, building, fire, safety, or health
ordinances of the City Code, the provision which establishes the higher
standard shall prevail.
[Ord. No. 4814, 10-16-2023]
A.
Statement
Of Purpose.
1.
To preserve and promote the public health, safety, and welfare of
the citizens of the City of Berkeley;
2.
To maintain and enhance the visual environment, and to preserve the
right of citizens to enjoy the City of Berkeley’s scenic beauty;
3.
To improve pedestrian and traffic safety;
4.
To minimize the possible adverse effect of billboards on nearby public
and private property.
C.
Billboard
Regulations — Permitted.
1.
New Billboards.
a.
No new billboards shall be erected within the political boundaries
of the City of Berkeley, except as permitted in this Section.
b.
New billboards may only be erected along Natural Bridge Road, North
Hanley Road, and along Interstates 70 and 170, subject to the limits
and regulations of this Section
2.
Height. All billboards shall be no greater than twenty-five (25)
feet in height.
3.
Size. All billboards shall be no greater than one hundred fifty (150) square feet in area. Except for exempted billboards in Subsection (E)5, only one (1) billboard shall be permitted on each billboard structure.
4.
Lighting. In addition to the lighting restrictions of Section 226.540(1),
RSMo. (Supp. 1997), which shall apply to all billboards in the City
of Berkeley, no billboard shall be so illuminated that it:
5.
Spacing (All measurements shall be made parallel to the roadway between
perpendiculars extended from the billboard locations in question.):
a.
Interstate Highways And Freeways On The Federal-Aid Primary System.
b.
Non-Freeway Federal-Aid Primary Highways.
(1)
Within the limits of the City of Berkeley, no billboard shall
be erected within one thousand (1,000) feet of an existing billboard
on either side of the highway.
c.
Minimum Setback. All billboards and billboard structures must be
located at least fifty (50) feet from any property line and placed
so as not to place a visibility or other hazard to vehicular traffic
in the vicinity of the sign.
d.
Location. Must be located within six hundred sixty (660) feet of
the nearest edge of the right-of-way of an interstate or primary highway
(as defined by the Missouri Department of Transportation) and the
interstate or primary highway must not be a scenic roadway.
e.
A billboard may only be placed on land zoned, "C-2" General Commercial
District, "M-1" Industrial District, "AD"/"AD-2" Northpark/Airport
Districts, and the "AF" Airport Frontage District.
f.
No billboard structure shall be erected within two hundred (200)
feet of any residentially zoned property, within fifty (50) feet of
any existing building, within two hundred (200) feet of any park,
playground, school, library, or place of worship, or within fifty
(50) feet of an overhead power line.
D.
Billboard
Regulations — Prohibited. The following are expressly prohibited
unless specifically stated otherwise in this Article:
1.
Off-premise billboards, except in billboard plazas of designated
areas of special control.
2.
Animated And Moving Billboards. Off-premise billboards employing
movement, including, but not limited to, changeable copy signs, pennants,
flags, banners, streamers, propellers, discs, and searchlights.
3.
Flashing Billboards. Off-premise billboards that include lights which
flash, blink, or turn on and off intermittently, not including time
and temperature signs.
4.
Glaring Billboards. Off-premise billboards employing direct, indirect,
internal, flashing, or other illumination with light sources or reflectivity
of such brightness that constitute a hazard to ground or air traffic
or a nuisance, as determined by the Administrator.
5.
Inflatable Billboards And Objects. Including, but not limited to,
balloons.
6.
Roof Billboards. Off-premise billboards which are erected or painted
on a roof or which extend in height above the roofline of the building
on which sign is erected.
7.
Simulated Traffic Signs And Obstructions. Any sign which may be confused
with or obstruct the view of any authorized traffic sign or signal,
obstruct the sight distance triangle at any street or highway intersection,
or extend into the public right-of-way.
E.
Billboard Regulations — Exempted Signs. The following signs do not require permits or fee payments under Subsection (I) but must meet the other requirements of this Section:
F.
General
Design And Construction Standards. All billboards shall be designated,
constructed, and maintained in accordance with the following standards:
1.
All billboards shall comply with applicable provisions of the Uniform
Building Code and the Electrical Code of the City of Berkeley at all
times.
2.
All billboards regulated by this Article shall be constructed of
permanent materials and shall be permanently attached to the ground,
by direct attachment to a rigid wall, frame, or structure.
3.
All billboards shall be maintained in good structural condition,
in compliance with all Building and Electrical Codes, and in conformance
with this Code, at all times.
G.
Non-Conforming
Billboards.
1.
Continuance. Each non-conforming billboard and billboard structure
shall be allowed to be displayed for three (3) years from the adoption
of this Article, to provide a reasonable opportunity for the owner
to benefit from the investment made in the billboard.
2.
Removal. Non-conforming billboards and billboard structures shall
be removed at the owner’s or lessor’s expense under the
following circumstances:
H.
Permits,
Administration And Enforcement.
1.
Enforcement Officer. All administration and enforcement of this Article
shall be primarily implemented by the designated Code Enforcement
Officer (the “Administrator”) in the City of Berkeley
Department of Planning and Economic Development. The Administrator
shall have the responsibility and full authority to administer and
enforce all provisions of this Article, other than those provisions
specifically reserved for the authority of the City of Berkeley Council
or the Board of Zoning Appeals. However, other staff in the Department
will also be prepared to enforce this Article. Anyone who wishes to
report a billboard that may be in violation of this Article should
do so to the Administrator.
2.
Permit Procedure. All billboards, except as otherwise provided in Subsection (E) of this Article, shall require a billboard permit prior to being constructed, reconstructed, moved, altered, placed, or repaired. Billboard permits shall be issued by the Administrator.
3.
Permit Application. All applications for billboard permits for the
erection or relocation of a billboard shall be submitted to the Administrator
and shall contain or have attached at a minimum the following information
in either written or graphic form:
a.
Application date.
b.
Name, address, and telephone number of the billboard owner and, if
different, the owner of the land on which the billboard will be erected.
Address of the property where the billboard or billboard structure
will be erected.
c.
Signature(s) of the billboard owner and, if different, the owner
of the land on which the billboard will be displayed.
d.
Location of the billboard on the property in relation to public rights-of-way,
lot lines, buildings, sidewalks, streets, zoning districts, other
existing billboards, and intersections.
e.
General description of structural design and construction materials
of the billboard.
f.
Drawing(s) of the proposed billboard which shall contain specifications
indicating height, perimeter, and area dimensions, means of support,
methods of illumination if any, and any other significant aspect of
the proposed billboard.
g.
A boundary and sign survey showing the property and the proposed
sign.
h.
Certification(s) from licenses professional engineers that the soil
surface is capable of sustaining the proposed load and that the electrical
and structural strength of the proposed/actual sign is satisfactory.
i.
Any other information requested by the Administrator in order to
carry out the purpose and intent of these regulations.
4.
Permit Fees. Each application for a billboard permit shall be accompanied
by the applicable fees, which shall be established by the governing
body of the Municipality from time to time.
5.
Permit Application Completeness. Within five (5) working days of
receiving an application for a billboard permit, the Administrator
shall review it for completeness. If the Administrator finds that
it is complete, the application shall then be processed. If the Administrator
finds that it is incomplete, he/she shall, within such five (5) day
period, send to the applicant a notice of the specific ways in which
the application is deficient, with appropriate references to the applicable
Sections of this Article.
6.
Permit Issuance/Denial Action. All billboard permits shall be dated
and numbered in the order of their issuance. Within ten (10) working
days of the submission of a complete application for a billboard permit,
the Administrator shall either:
a.
Issue the billboard permit, if the billboard that is the subject
of the application conforms is every respect with the requirement
of this Article; or
b.
Deny the billboard permit if the billboard that is subject of the
application fails in any way to conform with the requirements of this
Article. In case of a rejection, the Administrator shall specify in
the rejection the Section or Sections of the Ordinance or applicable
plan with which the billboard is inconsistent.
7.
Inspection Upon Completion. Any person installing, structurally altering,
or relocating a billboard for which a permit has been issued shall
notify the Administrator upon completion of the work. The Administrator
shall then conduct an inspection within seven (7) working days. If
the construction is complete and in full compliance with this Article
and with the Building and Electrical Codes, the Administrator shall
affix to the billboard a permanent symbol identifying the billboard
and the applicable permit by number or other reference. If the construction
is substantially complete but not in full compliance with this Article
and applicable codes, the Administrator shall give the owner or applicant
notice of the deficiencies and shall allow an additional thirty (30)
days from the date of inspection for the deficiencies to be corrected.
If the deficiencies are not corrected by such date, the permit shall
lapse. If the construction is then complete, the Administrator shall
affix to the billboard the permanent symbol described above.
8.
Lapses Of Billboard Permit. A billboard permit shall lapse if the
billboard is an abandoned billboard, or if the permittee’s business
license lapses, is revoked, or is not renewed. A billboard permit
shall lapse if the use of the billboard is discontinued for a period
of one hundred eighty (180) days or more. A billboard that was constructed
or maintained in conformance with a permit under this Article, but
for which the permit has lapsed, shall be in violation of this Section.
9.
Assignment Of The Billboard Permit. A current and valid billboard
permit shall be freely assignable to a successor, as owner of the
property where the billboard is located or of the leasehold of the
billboard, subject to filing such application as the Administrator
may require and paying any applicable fee. The assignment shall be
accomplished by filing and shall not require approval.
10.
Violations. The Administrator, upon finding that any provision of
this Article or any condition of a permit issued under this Article
is being violated, is authorized to institute legal proceedings to
enjoin violations of this Article.
11.
Complaints And Revocations. The Administrator shall investigate any
complaints of violations of this Article and may revoke a permit if
there is any violation of the provisions of this Article or there
was misrepresentation of any material facts in either the application
or plans.
12.
Appeal Procedure. Any person applying for a billboard permit who
is denied a permit or disagrees with any ruling by the Administrator
may appeal to the City Council. The City Council may review or overturn
the ruling, but may not issue a billboard permit. The findings of
the City Council are then remitted back to the Administrator.
13.
Business Tax. All new and existing billboards subject to this Article
shall be taxed at a rate to be established by the governing body of
the Municipality, not to exceed two percent (2%) of the gross annual
revenue produced by the billboard.
14.
Expiration Of Billboard Permits. If an approved billboard is not
erected within a period of twelve (12) months from the date the permit
was originally issued, the permit shall expire and become null and
void.
15.
Fines. A person who violates the provisions of this Article or the
conditions of a permit shall be guilty of a civil violation. Each
day of the violation constitutes a separate offense subject to a one
hundred dollar ($100.00) fine. Such persons shall also be liable for
court costs and reasonable attorney fees incurred by the local jurisdiction.
16.
Illegal Billboards. The Administrator may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a non-conforming billboard governed by Subsection (H), not in compliance with the provisions of this Article.
17.
Immediate Peril. If the Administrator shall find any billboard which
poses an immediate peril to persons or property, the billboard shall
be removed. If the Administrator cannot locate the billboard owner
or lessor for immediate removal of the billboard, he/she shall remove
or order the removal of the billboard at the expense of the billboard
owner or lessor.
I.
Severability.
If any Section, Subsection, sentence, clause, phrase or portion of
this Article is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
J.
Protection
Of First Amendment Rights. Any billboard, display, or device allowed
under this Article may contain, in lieu of any other copy, any otherwise
lawful, non-commercial message, including any political message, that
does not direct attention to a business operated for profit or to
a commodity or service for sale, and that complies with all other
requirements of this Article.
