[1]
Editor's Note — ord. no. 1681 §1, adopted March
4, 2003, repealed sections 19A-1 — 19A-22 and enacted the new
provisions set out herein. Former sections 19A-1 — 19A-22 derived
from ord. no. 1520 §1, 4-3-2001; ord. no. 1524 §§1
— 5, 4-17-2001; ord. no. 1526 §§1 — 4, 5-15-2001;
ord. no. 1530 §§1 — 2, 6-5-2001; ord. no. 1533 §1,
6-21-2001; ord. no. 1540 §§1 — 4, 7-17-2001; ord.
no. 1542 §1, 8-7-2001; ord. no. 1563 §1, 11-6-2001; ord.
no. 1576 §§1 — 2, 12-18-2001; ord. no. 1591 §1,
2-19-2002.
[Ord. No. 1681 §1, 3-4-2003]
The purpose of these sign regulations is to preserve the public
health, convenience, welfare and/or safety within the City of Eureka
by maintaining the high aesthetic quality of the community while at
the same time recognizing the importance of signage in:
(a)Â
Fostering the economic viability of the community, and
(b)Â
Providing safe and concise directional information designed to facilitate
traffic flow.
The effect of this Chapter is:
(1)Â
To establish a permit system that allows a variety of types
of signs on business premises and a variety of signs on other premises,
subject to this Chapter and its permit procedures;
(2)Â
To allow certain small, unobtrusive signs incidental to the
principal use of a site without a permit if such signs meet the substantive
requirements of this Chapter;
(3)Â
To allow a variety of types of non-commercial signs subject
to the same substantive and permit requirements that control on-premise
signs;
(4)Â
To allow certain types of signs to make minor encroachments
of the public right-of-way, if specially permitted; and
(5)Â
To prohibit all signs not expressly permitted by this Chapter.
[Ord. No. 1681 §1, 3-4-2003; Ord. No. 1712 §1, 8-19-2003; Ord.
No. 1714 §1, 9-2-2003; Ord. No. 1834 §1, 6-1-2005; Ord.
No. 2080 §1, 3-3-2009]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A private or narrow passageway, typically of less than a
street, which normally serves as a secondary means of ingress and
egress to property abutting thereon.
A temporary paper, plastic or cloth device hung to attract
attention to a business or special event.
A sign that advertises products or services which are not
on the premises of the owner or place of business to which they apply;
including wall signs and those otherwise attached to buildings and
structures, as well as those not attached to buildings and supported
by uprights or braces on the ground.
A billboard advertising copy design element that protrudes
beyond the confines of a billboard sign face area.
The Building Commissioner of the City or his designee.
The City of Eureka, Missouri.
A development combining one (1) restaurant facility and one
(1) gasoline service station facility on the same lot. The restaurant
and gasoline service station may be two (2) freestanding buildings
or one (1) combined-use building.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
The wording or graphics on a sign surface.
A multiple lot subdivision or a single parcel or assemblage
of abutting parcels containing multiple structures and/or uses.
A sign whose alphabetic, graphic or symbolic informational
content can be changed or altered on a fixed display surface, composed
of electrically illuminated or mechanically-driven changeable segments,
either by means of preprogramming or by computer-driven electronic
impulses. Electronic message centers shall not have continuous scrolling
or other constant movement of the sign message.
To build, construct, reconstruct, attach, hang, rehang, alter,
place, affix, enlarge, move or relocate and includes the painting
and repainting of existing sign structures.
The length of the lot along the street side, but which does
not provide both free ingress and egress. The length of a lot bordering
more than one (1) street is considered separate for each street.
Any fabric or bunting containing distinctive colors, patterns
or symbols.
Any flag other than an official flag including, but not limited
to, trademark, sports team and holiday flags.
Any flag of the United States, the State of Missouri, the
County of St. Louis, the City of Eureka, the Rockwood School District,
the Eureka Fire Protection District, the United States military, any
other governmental unit or any nationally recognized veterans' organization
including, but not limited to, the American Legion, Veterans of Foreign
Wars and/or POW/MIA.
The length of the lot along the street side providing both
free ingress and egress. The length of a lot bordering more than one
(1) street is considered separate for each street.
The offering for sale of multiple items of personal property
on property zoned and occupied as a residence.
Any business that dispenses or is designed to dispense gasoline
and oil for use in motor vehicles and boats.
A freestanding structure located on the same premises as
a gasoline service station affording protection from the elements
to persons or property thereunder.
A single parcel or contiguous assemblage of parcels utilized
for a common purpose.
For purposes of this Chapter, "Old Town" shall be defined
as the area approximately bounded to the north by the southern right-of-way
line of East and West Fourth Streets, to the west by the eastern right-of-way
line of South West Avenue and the western property lines of parcels
located at the western end of Meramec Lane and Sheerin Avenue, to
the south by the southern property lines of parcels located on the
south side of Dreyer Avenue and to the east by western property lines
on parcels fronting on Highway W from East Fourth Street south to
Old Town Drive. A map exhibit which sets forth the exact Old Town
boundaries is on file in the City Clerk's office.
A monument sign base that rests directly on the ground designed
as a support unit, architectural unit or decorative design element.
A structure that includes any announcement, declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interest of any person when the same is placed in view
of the general public.
A sign that no longer correctly directs or exhorts any person,
advertises a bona fide business, lessor, owner, project or activity
conducted or product available on the premises where such sign is
displayed.
Any sign that includes action or motion.
A sign permanently affixed to an awning.
A sign used during the construction of new buildings or reconstruction
of or additions to existing buildings, which identifies the project
or future use of site and provides information denoting the owner,
architect, engineer, contractor and/or financing institutions of the
project.
A freestanding sign (e.g., A-frame, sandwich boards) that
is displayed during hours in which a business is open and removed
during hours in which a business is closed.
A sign that indicates a direction for vehicular or pedestrian
traffic or other movement.
A sign containing three (3) or more names within a single
sign.
A sign displaying food, beverages or other services offered
for sale at a business with drive-thru service.
Any sign which contains an intermittent or flashing light
source, or which includes the illusion of intermittent or flashing
light by means of animation or an externally mounted intermittent
light source. Automatic changing signs such as public service time,
temperature and date signs or electronically controlled message centers
are not defined as "flashing signs".
A sign which flutters or is made of flexible materials which
moves with the wind or by some other artificial means including, but
not limited to, pennants, banners, balloons, spinning devices and
streamers.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that is independent from any building
or other structure.
A sign containing thereon the price per gallon of gasoline
or diesel fuel sold at said station.
A sign advertising the employment opportunities of a business.
Any sign that is illuminated by light source mounted on or
in the sign or at some other location.
A sign that gives parking, building address, fire protection,
traffic flow (other than directional signs), height clearance, pedestrian,
no trespassing and other similar information, and that does not advertise
a business or use located on lot or parcel.
An interior sign erected so as to be visible from a street
but not attached to a window and identified as a registered trademark,
logo or symbol.
The permanent part of a building that denotes the name of
the building, date of erection, historical significance, dedication
or other similar information.
Any detached sign on the same lot or parcel as the use it
advertises which has its bottom portion attached to a proportionate
base or plinth, integrated ground planter box or structural frame,
the width of which shall be a minimum of one-half (½) the width
of the widest part of the sign face.
A wall sign identifying the name of a person occupying a
building and mounted adjacent to the main entrance of the building.
A temporary sign allowed on a limited basis as set forth
in the Municipal Code for the purpose of directing individuals to
a residential subdivision development located within the City of Eureka
or within one (1) mile of its corporate limits.
A projecting sign erected perpendicular to the building upon
which it is placed.
Any freestanding sign located on the same lot or parcel as
the use it advertises which is supported by one (1) or more stationary
poles.
A temporary sign advocating or opposing any political proposition
or candidate for public office.
Sign that is not permanently affixed to a building, structure
or ground, and that may be readily moved or relocated.
Any letter, word or device used in any sign in a different
plane or protruding outwardly from the building or structure to which
it is attached.
See "SIGN, POLE".
Any sign erected on a roof, excluding wall signs. The generally
vertical plane of a mansard-type roof shall be interpreted as the
same as a wall of a building.
Any sign which has been designated an historic landmark by
the government of the United States, State of Missouri, County of
St. Louis or the City of Eureka as a result of the sign's location
along the original Route 66 Highway.
Any sign intended for a limited or intermittent period of
display.
A sign attached to the wall of a building or against the
generally vertical plane of a mansard-type roof with the plane of
the sign face parallel to the plane of the wall below the roof line.
A sign internally or externally affixed on a window or glass
door.
A total area of the space to be used for information purposes,
including the spaces between open-type letters and figures, including
the background structure, or other decoration or addition which is
an integral part of the sign. Sign supports shall be excluded in determining
the area of a sign. For purposes of calculating sign area to determine
compliance with the provisions of this Chapter, the total sign area
for a double-faced sign where the two (2) faces are substantially
parallel shall be the sum of the area of both faces divided by two
(2), and where the two (2) faces are not substantially parallel, said
total allowable area shall be the sum of the area of each face.
See "SIGN AREA".
Signs or an assemblage of materials used for holidays or
promotion of civil welfare or charitable purposes.
An open, generally public way being utilized for the passage
of vehicular traffic. However, for the purposes of this Chapter, a
point of egress and ingress to a lot, such as a driveway, shall not
be considered a street, nor shall an alley be considered a street.
See "FACING".
See "FRONTAGE".
[Ord. No. 1681 §1, 3-4-2003; Ord. No. 1740 §1, 1-6-2004; Ord.
No. 2125 §1, 6-15-2010; Ord. No. 2158 §1, 2-15-2011]
(a)Â
Notification Of Non-Conformity. After the enactment
of this Chapter, the Building Commissioner or his designees shall
use efforts so as to notify either personally or in writing the sign
owner, sign user or owner of the property on which the sign is located
of the following:
(1)Â
The sign's non-conformity; and
(2)Â
Whether the sign is eligible for characterization either as
legal non-conforming or unlawful.
(3)Â
If the sign owner, user or owner of the property cannot be located,
the notice may be affixed in a conspicuous place to the sign or to
the business premises with which the sign is associated.
(4)Â
That the sign owner, sign user or owner of the property has
the right to produce any legislative authority, including authorization
by the City or Board of Adjustment, for the sign in question which
he or she believes may affect the lawful status of the sign.
(b)Â
Any sign located within the City limits on the date of adoption of
this Chapter (Ord. No. 1494, November 21, 2000), or located in an
area annexed to the City thereafter, which does not conform with the
provisions of this Chapter, is eligible for characterization as a
legal non-conforming sign, if the sign was in compliance with applicable
law on the date of adoption of this Chapter.
(c)Â
Loss Of Legal Non-Conforming Status. A legal non-conforming
sign shall immediately lose its legal non-conforming status if:
(1)Â
The supporting structure of a sign is altered in any way or
if the sign area is increased in any way except as provided in Subsection
(d).
(2)Â
The sign structure is relocated, except that any such sign which
is hereafter required to be moved by a governmental body for the purpose
of construction, relocation, widening or improvement of a street,
highway or other public purpose, may be relocated once on the same
lot so long as no changes other than location are made to the sign.
Such a sign, once relocated, is still considered a legally non-conforming
sign and bound by this Section.
(3)Â
Any pole sign that also displayed an official flag prior to
the date of adoption of this Chapter (Ord. No. 1494, November 21,
2000), which is hereafter required to be moved by a governmental body
for the purpose of construction, relocation, widening or improvement
of a street, highway or other public purpose, shall be allowed to
be moved on the lot one time, provided however, that it is used solely
as a flagpole not exceeding eighty (80) feet in height and not as
a pole sign. Any signs on the pole shall be removed upon relocation
and it shall be designated as an allowable flagpole by the property
owner. Upon relocation, the official flag displayed may be the same
size as was flown prior to the date of adoption of this Chapter (Ord.
No. 1494, November 21, 2000). Both the flagpole and the flag size
shall be considered legal non-conforming uses subject to the terms
and provisions of this Section.
(4)Â
The sign is removed or replaced, except for copy on a changeable
copy sign and as provided by Subsection (d). If a changeable copy
sign is left blank for a period of time exceeding sixty (60) calendar
days, the non-conforming sign shall be classified as an abandoned
sign and removed.
a.Â
In the case of gasoline service stations, an existing manual
or mechanical changeable copy price sign may be replaced with a digital
changeable copy price sign if the new sign does not exceed the sign
area or height of the existing legal non-conforming sign. Further,
any legal non-conforming sign may on one (1) occasion during its life
have the existing pricing portion of the sign replaced with digital
changeable copy price signage if such is smaller in sign face area
than that which is being replaced, and shall be limited to single
color non-animated characters.
[Ord. No. 2379 § 1, 6-7-2016]
(5)Â
If the business or service advertised or identified by a non-conforming
sign ceases to be conducted for a period exceeding thirty (30) calendar
days, the non-conforming sign shall be classified as an abandoned
sign and removed, however, if authorized by the board of aldermen,
such signage may remain for an approved period of time conditioned
upon the property owner actively marketing said property for lease
or sale.
(6)Â
Should any non-conforming sign be damaged by any means, other
than vandalism, to the extent of over sixty percent (60%) of its surface
area or structure, it shall not be reconstructed, except in conformance
with the requirements of this Code. Non-conforming signs which are
damaged by vandalism to the extent of over sixty percent (60%) of
their physical value must be restored within sixty (60) days or removed
or brought into compliance with the provisions of this Chapter.
(7)Â
On the occurrence of any one of Section 19A-3(c)(1) through (5) above, the sign shall be immediately brought into compliance with this Code with a new permit secured therefore or shall be removed pursuant to Section 19A-6.
(d)Â
If any existing sign is removed or replaced for the purpose of changing
the business, occupation or tenant advertised or identified, except
as provided herein, it shall be considered a new sign, and shall not
be allowed unless it is brought into compliance with this Chapter
and all necessary permits are obtained. The repainting or replacement
of panels on an existing sign shall not be considered a new sign so
long as the sign area is not increased in any manner. The repainting
or replacement of panels on a billboard shall not be considered a
new sign. Ordinary maintenance or repair of an existing sign to a
safe condition shall not be cause to classify the sign as a new sign.
When there is no change of use or ownership, an existing legal non-conforming
sign may be replaced with a new sign only for purposes of reflecting
business name or brand name changes as long as the new sign does not
exceed the sign area or height of the existing legal non-conforming
sign.
[Ord. No. 1681 §1, 3-4-2003]
Approval of all signs, unless hereinafter exempted, must be
obtained from the Building Commissioner.
[Ord. No. 1681 §1, 3-4-2003]
The Building Commissioner shall inspect all signs after erection
is completed for compliance with this Chapter. A St. Louis County
electrical permit shall be obtained and an electrical inspection shall
be performed as applicable.
[Ord. No. 1681 §1, 3-4-2003; Ord. No. 1889 §1, 2-7-2006; Ord.
No. 2125 §2, 6-15-2010]
(b)Â
If any sign, except those signs placed on property not owned or leased by the person responsible for the erection or maintenance of the sign, is deemed to require removal under the provisions of this chapter, the building commissioner shall order it removed and the owner or operator of the signage or of the establishment the signage is serving shall be notified of the violation and be given up to fifteen (15) days at the city's discretion in which to correct the violation, however, in the case of signage under Section 19A-13(o), such may remain for up to six (6) months if the property owner can evidence that said property is being actively marketed for lease or sale. If the order is not complied with, the building commissioner shall have it removed at the expense of the person responsible for the erection or maintenance of the sign, and in the event that all costs associated with the city having such sign removed is not recovered from the responsible party, said cost shall become a lien on the property; such lien to be certified to the St. Louis County recorder of deeds by the city clerk. If any sign is erected on property not owned or leased by the person responsible for the erection or maintenance of the sign, such signage may be removed immediately by the building commissioner without notice and any associated costs incurred by the city for the removal of such signage shall be recovered from the responsible party.
(c)Â
The Building Commissioner is authorized to go upon any premises in
the City for purposes of removing signs under the provisions of this
Section. Signs removed by the Building Commissioner shall be retained
for the owner's account for a period of thirty (30) days and shall
be returned to the owner upon payment of the expenses of removal.
If not claimed within that time, they shall become the property of
the City and may be destroyed or sold for the payment of the expense
of removal. If sold, any excess from the proceeds of the sale shall
be returned to the owner. In addition, the City shall in no way be
held financially responsible for any damages that may be incurred
as a result of said removal.
[Ord. No. 1681 §1, 3-4-2003]
Any person violating this Chapter or any of its provisions shall be subject to the general penalty provision pursuant to Section 1-7 of this Code. Each day and instance of violation shall constitute a separate offense and at the discretion of the Building Commissioner a summons may be issued for each separate offense.
