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 no. 1681 §1, adopted March 4, 2003, repealed sections 19A-1 — 19A-22 and enacted the new provisions set out herein.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:
Fostering the economic viability of the community, and
Providing safe and concise directional information designed to facilitate traffic flow.
The effect of this Chapter is:
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;
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;
To allow a variety of types of non-commercial signs subject to the same substantive and permit requirements that control on-premise signs;
To allow certain types of signs to make minor encroachments of the public right-of-way, if specially permitted; and
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.
- BILLBOARD SIGN EXTENSION (a.k.a. CUT-OUT)
- A billboard advertising copy design element that protrudes beyond the confines of a billboard sign face area.
- BUILDING COMMISSIONER
- The Building Commissioner of the City or his designee.
- The City of Eureka, Missouri.
- CO-BRANDED RESTAURANTS AND GASOLINE SERVICE STATIONS
- 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.
- COMMERCIAL MESSAGE
- 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.
- ELECTRONIC MESSAGE CENTERS
- 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.
- FLAG, NON-OFFICIAL
- Any flag other than an official flag including, but not limited to, trademark, sports team and holiday flags.
- FLAG, OFFICIAL
- 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.
- GARAGE SALE
- The offering for sale of multiple items of personal property on property zoned and occupied as a residence.
- GASOLINE SERVICE STATION
- Any business that dispenses or is designed to dispense gasoline and oil for use in motor vehicles and boats.
- GASOLINE SERVICE STATION CANOPY
- 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.
- OLD TOWN
- 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.
- SIGN, ABANDONED
- 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.
- SIGN, ANIMATED
- Any sign that includes action or motion.
- SIGN, AWNING
- A sign permanently affixed to an awning.
- SIGN, CONSTRUCTION INFORMATION
- 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.
- SIGN, DAILY ADVERTISING
- 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.
- SIGN, DIRECTIONAL
- A sign that indicates a direction for vehicular or pedestrian traffic or other movement.
- SIGN, DIRECTORY
- A sign containing three (3) or more names within a single sign.
- SIGN, DRIVE-THRU MENU BOARD
- A sign displaying food, beverages or other services offered for sale at a business with drive-thru service.
- SIGN, FLASHING
- 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".
- SIGN, FLUTTERING
- 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.
- SIGN, FREESTANDING
- 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.
- SIGN, GASOLINE SERVICE STATION PRICE
- A sign containing thereon the price per gallon of gasoline or diesel fuel sold at said station.
- SIGN, HELP WANTED
- A sign advertising the employment opportunities of a business.
- SIGN, ILLUMINATED
- Any sign that is illuminated by light source mounted on or in the sign or at some other location.
- SIGN, INFORMATION
- 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.
- SIGN, INTERIOR LOGO
- 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.
- SIGN, MEMORIAL OR TABLET
- The permanent part of a building that denotes the name of the building, date of erection, historical significance, dedication or other similar information.
- SIGN, MONUMENT
- 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.
- SIGN, OCCUPATIONAL/IDENTIFICATION
- A wall sign identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.
- SIGN, OFF-SITE RESIDENTIAL SUBDIVISION DIRECTIONAL
- 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.
- SIGN, PERPENDICULAR WALL
- A projecting sign erected perpendicular to the building upon which it is placed.
- SIGN, POLE
- 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.
- SIGN, POLITICAL
- A temporary sign advocating or opposing any political proposition or candidate for public office.
- SIGN, PORTABLE
- Sign that is not permanently affixed to a building, structure or ground, and that may be readily moved or relocated.
- SIGN, PROJECTING
- 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.
- SIGN, PYLON
- See "SIGN, POLE".
- SIGN, ROOF
- 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.
- SIGN, ROUTE 66 HISTORIC
- 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.
- SIGN, TEMPORARY
- Any sign intended for a limited or intermittent period of display.
- SIGN, WALL
- 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.
- SIGN, WINDOW
- A sign internally or externally affixed on a window or glass door.
- SIGN AREA
- 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.
- SIGN FACE
- See "SIGN AREA".
- SPECIAL DISPLAYS
- 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.
- STREET FACING
- See "FACING".
- STREET FRONTAGE
- 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]
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:
The sign's non-conformity; and
Whether the sign is eligible for characterization either as legal non-conforming or unlawful.
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.
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.
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.
Loss Of Legal Non-Conforming Status. A legal non-conforming sign shall immediately lose its legal non-conforming status if:
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).
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.
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.
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.
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]
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.
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.
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]
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.
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.