[R.O. 2011 §420.010; Ord. No. 019-2008, 10-27-2008]
For the purpose of this Chapter, the following terms shall have these prescribed meanings:
- ADVERTISING SIGN
- Any sign that advertises, promotes or gives information on products or businesses not conducted within the premises or location upon which the sign is located.
- Any individual, corporation, association, firm, partnership and the like, singular or plural.
- APPROVED COMBUSTIBLE MATERIAL
- Wood or materials not more combustible than wood and approved combustible plastics.
- APPROVED COMBUSTIBLE PLASTICS
- Those plastics which, when tested in accordance with American Society for Testing Materials standard methods for test for flammability of plastics over five-hundredths (0.050) inch in thickness (D635-44), burn no faster than two and one-half (2.5) inches per minute in sheets of six-hundredths (0.060) inch thickness.
- AREA OF SIGN
- That area enclosed by one (1) or more rectangles, the side of which makes contact with the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display. When calculating the area one (1) side shall be included. Wall signs: The area 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 each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.
- ATTENTION-ATTRACTING DEVICES
- Any flasher, blinker, animation, banner, clock or other object designed or intended to attract the attention of the public to an establishment or sign.
- A shelter projecting from and supported by the exterior wall of a building constructed of no rigid materials on a supporting framework.
- BUILDING SIGN
- Any sign attached to or projecting from a building, at a ninety degree (90°) angle and is made an integral part of the building.
- CHANGEABLE COPY SIGN
- Any panel which is characterized by changeable copy illuminated or unilluminated regardless of method of attachment. Changeable copy signs shall be permitted in accordance with the requirements for the same type primary sign.
- CODE ENFORCEMENT OFFICER
- The City Administrator or other person within the City of Cabool charged with the administration and enforcement of the sign ordinance.
- COMBINATION SIGN
- Any sign which combines the characteristics of two (2) or more types of signs. Combination signs shall conform to all requirements for all types of signs comprising the combination sign.
- DETACHED SIGN TYPE "A"
- Any freestanding sign not attached to a building which has a clearance of less than ten (10) feet but does not rise from the ground.
- DETACHED SIGN TYPE "B"
- Any freestanding sign which has a clearance of ten (10) or more feet.
- DETACHED SIGN TYPE "C"
- A monument type identification sign which rises from the ground, is either illuminated or unilluminated and generally has no clearance under it.
- ELECTRICAL SIGN
- Any sign which has characters, letters, figures, designs, faces, backgrounds or outlines illuminated by incandescent or fluorescent lamps or luminous parts of the sign proper, these light sources being either external or internal, or any sign which uses electrical/mechanical equipment or devices in its operation.
- Cutouts or letters on top of signs, which shall not project out over the sign more than six (6) feet.
- To build, construct, attach, hang, place, suspend or affix and shall also include the painting of signs on the exterior of a building or structure.
- The front or main face of any building or structure located on any street or frontage road upon which the structure has established a permanent address.
- FREESTANDING SIGN
- Any sign supported by uprights, braces, poles or other vertical members in or upon the ground and not attached to a building.
- HIGHWAY SIGNS
- Same as advertising signs.
- IDENTIFICATION SIGN
- A sign giving the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.
- ILLUMINATED SIGN
- 1. Semi-illuminated sign. Any sign which is uniformly illuminated internally over its entire area, including the area of the sign, by use of electricity or other artificial light.
- 2. Indirectly illuminated sign. Any sign which is partially or completely illuminated at any time by external light source which is so shielded as to not be visible at eye level.
- 3. Fully illuminated sign. A sign which is illuminated by an external or internal light source which is visible.
- LETTER DISPLAY
- Individual letters mounted on a facade or parapet wall.
- A lot, premises, building, wall, property or any place whatsoever upon which a sign is located.
- MANSARD ROOF
- A roof which appears to be a part of the facade (wall), usually constructed for appearance only.
- MARQUEE OR CANOPY
- A covering structure projecting from and attached to a building.
- NON-ILLUMINATED SIGN
- Any sign which is lighted by natural sunlight only.
- OUTDOOR ADVERTISING
- An outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any point of the traveled ways of the interstate or primary systems.
- PAINTED WALL SIGN
- A sign which is painted directly on a building or structure. Painted wall signs will be permitted subject to the same restrictions as wall sign.
- PERMANENT SIGN
- A sign constructed to remain indefinitely.
- PORTABLE SIGN
- A sign which is not permanently affixed to one (1) location and has the capability of being moved from one site to the next without disassembly.
- ROOF LEVEL
- Where the eaves of the roof connect to the top of the wall, except where a mansard roof is used. Mansard roof level shall be the uppermost elevation of the roof.
- ROOF LINE
- That part of the roof or parapet which covers the major area of the building.
- ROOF SIGN
- A sign any part of which extends above the high point of a roof or parapet wall of a building and which is wholly or partially supported by said building.
- Includes every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure or erected or maintained upon a piece of land and which directs attention to an object, product, service, place, activity, person, institution, organization or business.
- The supports, uprights, bracing and framework for the sign.
- SUBDIVISION AMENITY SIGN
- A sign directing traffic to amenities such as a clubhouse or swimming pool within the subdivision.
- SUBDIVISION ENTRANCE MARKER
- A sign identifying the subdivision, located at one (1) or more of the subdivision entrances.
- TEMPORARY SIGN
- A sign of non-combustible or combustible material, with or without a frame, which is usually attached to the outside of a building on a wall or store front, fence, tree, utility pole or temporary structure for a limited period of time; or a sign which is not permanently attached to the ground, building or other load bearing structure. Temporary signs are intended to be displayed for a short period of time not to exceed thirty (30) days.
- WALL SIGN
- A sign attached to or erected against an exterior wall of a building or structure, which projects not more than twelve (12) inches from a wall and presents only one (1) face of advertising copy to the public.
[R.O. 2011 §420.020; Ord. No. 019-2008, 10-27-2008]
The applicant, the owner of the sign, the owner of the land or structure and the person in charge of erecting the sign or structure are all subject to the provisions of this Chapter and therefore subject to the penalty hereinafter provided.
[R.O. 2011 §420.030; Ord. No. 019-2008, 10-27-2008]
Any applicant, person, firm, corporation or other entity violating the provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be subject to fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[R.O. 2011 §420.040; Ord. No. 019-2008, 10-27-2008]
Except as otherwise provided in this Chapter, no sign shall hereafter be erected, constructed or altered except as provided by this Chapter and until a building permit for same has been issued by the City of Cabool.
[R.O. 2011 §420.050; Ord. No. 019-2008, 10-27-2008]
Application for permits shall be made on forms as provided by the City of Cabool. The permit application shall be signed by the applicant and when the applicant is any person other than the owner of the property, the permit application shall also be signed by the owner of the property or her agent or lessee and shall contain the location of the sign structure, the name and address of the sign owner and of the sign erector, drawings showing the design, dimensions and locations of the sign and such other pertinent information as the City of Cabool may require to insure compliance with the laws of Cabool.
All illuminated signs shall bear the Underwriters Laboratories label or be built to comply with Underwriters requirements. If, upon application, it shall appear that the proposed structure is in compliance with all the requirements of this Chapter, the Building Code and all other laws and ordinances of the City of Cabool, the City Administrator shall then issue the permit. If the work authorized under the permit has not been completed within one hundred twenty (120) days after date of issuance, the permit shall become null and void. A permit may be renewed by the City Administrator and no additional fee shall be collected for the renewal. In the event the City Administrator denies the application, the reasons for denial shall be forwarded to the applicant in written form and signed by the City Administrator.
[R.O. 2011 §420.060; Ord. No. 019-2008, 10-27-2008; Ord. No. 008-2009, 9-10-2009]
Every applicant, before being granted a permit hereunder, shall pay a building permit fee of ten dollars ($10.00) to the City of Cabool, Missouri. Any changes made to the sign, other than maintenance, shall require a new building permit.
Owners shall pay to the City of Cabool once per year an inspection fee of ten dollars ($10.00). The City shall inspect or cause to be inspected all signs within the City a minimum of one (1) time per year. The City Administrator will inspect all signs or other structures regulated by this Chapter for the purpose of ascertaining whether they are secure or whether they are in need of removal or repair. If the sign does not comply with the provisions of this Chapter, the City Administrator shall notify the applicant in writing of such non-compliance and give the applicant thirty (30) days, or less if the City Administrator determines a hazardous situation exists, to comply.
A careful record of all such applications, plans and permits shall be kept in the office of the City Clerk.
[R.O. 2011 §420.070; Ord. No. 019-2008, 10-27-2008]
A permit will not be required for the following listed signs. These exemptions, however, shall apply only to the requirement of the permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection, maintenance and appearance.
Residential, commercial and industrial acreage "for sale" or "for rent" signs.
Maximum size six (6) square feet in face area in residential districts.
Maximum size thirty-two (32) square feet in face area in commercial and industrial areas.
Shall be placed back of the property line.
It shall be the responsibility of the property owner to have these signs removed not later than seven (7) days after the election or event and they shall not be erected earlier than thirty (30) days prior to the election or event to which they pertain.
Traffic or other municipal signs or informational signs. Legal notice, railroad crossing signs, danger, warning and such temporary, emergency or non-advertising signs necessary for traffic control or as may be approved by the Board of Aldermen.
Memorial signs or tablets. Names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other metal.
Temporary signs inside buildings. Inside windows or painted on windows or on glass portions or doors of buildings for the advertisement of a particular item, event or sale.
Temporary signs. For public, charitable, religious or fraternal organizations:
Occupational sign or other signs. Denoting only the name and profession of an occupant in a commercial building, public institutional building or a residence and not exceeding two (2) square feet in area.
Flags, emblems or insignia of any governmental body, decorative displays. For holidays or public demonstrations, which do not contain advertising and are not used as such.
Church or school signs. One (1) illuminated or non-illuminated sign per church or school, on church or school premises, indicated activities and services therein provided and not exceeding thirty-two (32) square feet per side. Illuminated signs shall be prohibited in residential areas.
Residential development signs. Residential developments shall be permitted two (2) detached signs type "C" identifying the name of the development only for each entrance of the development. Such sign shall not exceed fifty (50) square feet in area. Said sign shall be maintained on private property no closer than ten (10) feet to the property line.
Small direction type signs. Small signs, not exceeding three (3) square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances and other similar signs.
Scoreboards. Scoreboards in athletic stadiums.
Incidental sign. A small sign, emblem or decal placed within the establishment 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.
[R.O. 2011 §420.080; Ord. No. 019-2008, 10-27-2008; Ord. No. 008-2009, 9-10-2009]
The City Administrator is hereby authorized and empowered to revoke any permit issued by him/her upon failure of the holder thereof to comply with the provisions of this Chapter or any amendment thereto. Thirty (30) days' notice, in writing, shall be given to such permittee of the proposed permit revocation and the reasons therefor.
[R.O. 2011 §420.090; Ord. No. 019-2008, 10-27-2008]
The following sign standards by district shall apply in the City of Cabool. The districts are as defined by the zoning ordinance and official Zoning Map. Only signs as described herein and as may be described under Section 420.070, "Exemptions" shall be permitted in each particular district.
Districts "R-1, "R-2" and "R-3". Developments shall be permitted two (2) non-illuminated detached signs identifying the name of the project only for each entrance of the development. Such sign shall not exceed twenty (20) square feet in area and not more than five (5) feet in overall height. Said sign shall be maintained on private property, no closer than ten (10) feet to the property line.
Districts "B-1 and "B-2".
Any one-family, duplex or multi-family units existing in these districts must comply with "R-1", "R-2" and "R-3".
Each business or commercial establishment shall be permitted only one (1) wall sign mounted on the building, the total area of which shall not exceed twenty-five percent (25%) of the total area of the facade upon which it is placed. No such sign shall extend above the height of the wall upon which it is mounted. In addition, each business shall be permitted one (1) "Class B" sign, the surface area of which shall not exceed two (2) square feet for each lineal foot of street frontage, provided, no single sign shall exceed a gross surface area of one hundred (100) square feet, however, "Class B" signs located within two thousand six hundred forty (2,640) lineal feet of the centerline of the public right-of-way may have a gross surface area not to exceed seven hundred (700) square feet. One (1) freestanding sign with total measurements not to exceed one hundred (100) square feet per side may be placed at one (1) major entrance to a shopping area. This sign shall reflect the shopping center name only. Awnings shall be permitted in this district.
An office building shall be permitted not more than two (2) non-illuminated wall signs, not more than nine (9) square feet in area per sign and shall indicate only the name of the building or establishments housed therein. In lieu of one (1) non-illuminated wall sign, each office building may be permitted one (1) illuminated wall sign, but said sign shall not be erected within one hundred fifty (150) feet of a residential district unless lighting is shielded from view.
No sign shall be placed closer to the front property line than one-half (½) the distance of the front yard. In addition, no sign shall exceed district height limitations of thirty-five (35) feet.
Districts "I-1" and "I-2".
Signs for commercial uses shall be permitted as provided in District "B-2", however, "Type B" signs located within two thousand six hundred forty (2,640) lineal feet of the centerline of the public right-of-way may have a gross surface area not to exceed seven hundred (700) square feet.
Only the name of the establishment shall be placed on a sign for an industrial use. The total area of the sign shall not exceed twenty-five percent (25%) of the total area of the facade upon which it is placed.
No sign shall exceed forty-five (45) feet in height unless the building exceeds forty-five (45) feet in height. In such event, the sign may be equal to the height of the building. No sign shall exceed three hundred (300) square feet in area. Signs shall not turn, move or flash.
[R.O. 2011 §420.100; Ord. No. 019-2008, 10-27-2008]
Billboards shall not be located within three hundred (300) feet of any residentially zoned property.
Spacing Of Signs.
On all interstate highways, freeways, and non-freeway federal-aid primary highways as of June 1, 1991, and all highways designated as part of the National Highway System by the National Highway System Designation Act of 1995 and those highways subsequently designated as part of the National Highway System:
No sign structure shall be erected within one thousand four hundred (1,400) feet of an existing sign on the same side of the highway;
The spacing between structure provisions of this Subparagraph do not apply to signs which are separated by buildings, natural surroundings, or other obstructions in such manner that only one (1) sign facing located within such distance is visible at any one time. Directional or other official signs or those advertising the sale or lease of the property on which they are located, or those which advertise activities on the property on which they are located, including products sold, shall not be counted, nor shall measurements be made from them for the purpose of compliance with spacing provisions;
No sign shall be located in such manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic;
The measurements in this Section shall be the minimum distances between outdoor advertising sign structures measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to outdoor advertising sign structures located on the same side of the highway involved.
Size Of Signs.
The maximum area for any one sign shall be eight hundred (800) square feet with a maximum height of thirty (30) feet and a maximum length of seventy-two (72) feet, inclusive of border and trim but excluding the base or apron, supports, and other structural members. The area shall be measured as established herein and in rules promulgated by the commission. In determining the size of a conforming or non-conforming sign structure, temporary cutouts and extensions installed for the length of a specific display contract shall not be considered a substantial increase to the size of the permanent display; provided the actual square footage of such temporary cutouts or extensions may not exceed thirty-three percent (33%) of the permanent display area. Signs erected in accordance with the provisions of Sections 226.500 to 226.600, RSMo., prior to August 28, 2002, which fail to meet the requirements of this provision shall be deemed legally non-conforming as defined herein;
The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back to back, double faced, or in V-type construction with not more than two (2) displays to each facing, but such sign structure shall be considered as one (1) sign;
After August 28, 1999, no new sign structure shall be erected in which two (2) or more displays are stacked one above the other. Stacked structures existing on or before August 28, 1999, in accordance with Sections 226.500 to 226.600, RSMo., shall be deemed legally non-conforming and may be maintained in accordance with the provisions of Sections 226.500 to 226.600, RSMo. Structures displaying more than one (1) display on a horizontal basis shall be allowed, provided that total display areas do not exceed the maximum allowed square footage for a sign structure pursuant to the provisions of Subparagraph (1) of this Subsection.
No billboard shall be attached to the roof or wall of any building.
No new billboard shall be erected having more than one (1) viewable sign face which is directed toward the same lane of traffic.
No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. No flashing, intermittent, or moving light or lights will be permitted except scoreboards and other illuminated signs designating public service information, such as time, date, or temperature, or similar information, will be allowed; tri-vision, projection, and other changeable message signs shall be allowed subject to Missouri Highways and Transportation Commission regulations;
External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the federal-aid primary highways as of June 1, 1991, and all highways designated as part of the National Highway System by the National Highway System Designation Act of 1995 and those highways subsequently designated as part of the National Highway System and the lights are not of such intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle;
No sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal.
Billboards shall not exceed a height of thirty-five (35) feet above the nearest adjacent street level.
Banners advertising an event may be placed seven (7) days prior to the start of the event and must be removed within forty-eight (48) hours after the event. If such banners are not removed within forty-eight (48) hours after the advertised event, a twenty-five dollar ($25.00) removal charge shall be charged to the sign permit applicant.
[R.O. 2011 §420.110; Ord. No. 019-2008, 10-27-2008]
Signs that were erected before the adoption of this Chapter may continue to exist and be maintained in a safe manner, however, such non-conforming signs may not be replaced, expanded, enlarged, modified to denote the change in the type of business or a change in ownership or substantially improved other than in compliance with these regulations.
[R.O. 2011 §420.120; Ord. No. 019-2008, 10-27-2008]
In obtaining a sign permit, the applicant may apply to the Administrator for a variance from the specific requirements of this Code. A variance may be granted by the Board of Aldermen, after receiving a recommendation from the Board of Adjustment.
In granting a variance, the Board of Aldermen may attach additional requirements necessary to carry out the spirit and purpose of this Chapter in the public interest.
[R.O. 2011 §420.130; Ord. No. 019-2008, 10-27-2008]
The following signs are prohibited in all districts and shall be removed in accordance with Section 420.170 "Removal".
Signs containing any indecent, obscene or immoral matter as determined by the Board of Aldermen.
Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Revolving, flashing, intermittently lighted or changing color signs shall be a minimum of five (5) second intervals. Beacons or similarly constructed signs shall not be allowed.
Any detached sign when any portion of thereof extends beyond a vertical plane two (2) feet inside the right-of-way line.
Illuminated signs erected within one hundred fifty (150) feet of a residential district, unless lighting is shielded from view.
Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal or which obstruct the view in any direction at a street or road intersection.
Signs which advertise an activity, business or service that is no longer conducted or advertises a product that is no longer produced shall be removed as provided for in Section 420.170, "Removal", except where the owner or lessor of a premise is seeking a new tenant, such signs may remain in place for not more than ninety (90) day from date of vacancy.
Signs which advertise an activity, business or service that is no longer conducted or advertises a product that is no longer produced shall be removed as provided for in Section 420.170, "Removal", except where the owner or lessor of a premises is seeking a new tenant, such signs may remain in place for not more than ninety (90) days from date of vacancy.
No sign may encroach on or hang over the public right-of-way except by written permission of the State, County or City Government with jurisdiction over the right-of-way.
No sign or notice of any kind may be placed on or fastened to any curb, lamppost, street, sidewalk, pole, bridge or tree upon a public street, unless so fastened by a public officer or employee in the performance of a public duty, except for any banner attached to a City street light standard or utility pole for which permission has been granted by the City.
No sign may be lighted so it impairs the vision of a motor vehicle driver.
No sign may obstruct the view of any highway or street or any intersection such that the sign makes it dangerous to use the highway or street or creates a sight distance obstruction.
No sign, except government signs, will be placed on public property without written approval from the government agency responsible for such property.
[R.O. 2011 §420.140; Ord. No. 019-2008, 10-27-2008]
Obstruction Of Egress, Openings, Ventilation. A sign shall not be erected, constructed or maintained so as to obstruct any fire escape, window, door or other opening; or so as to prevent free passage from one part of the roof to any other part thereof. A sign shall not be attached in any form, shape or manner to a fire escape or shall not be so placed as to interfere with an opening which is required for legal ventilation.
Electrical Signs. All electrical signs, either temporary or permanent, shall be connected to permanent electrical service installed according to the requirements of the Electrical Code for the City of Cabool, Missouri. All wiring for newly constructed detached signs shall be underground, unless this is determined to be prohibited by the Electric Department supervisor.
Line Of Sight. Signs along all streets and boundaries shall not interfere with line of sight within twenty (20) feet of the point of intersection of pavement of:
Attachments To Be Secure. Letters, figures, characters or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
[R.O. 2011 §420.150; Ord. No. 019-2008, 10-27-2008]
Every sign or other advertising structure, together with all its supports or braces, shall be kept in good repair. The sign location shall be free of rubbish and weeds. All structural members and all copy areas are to be kept painted and clean so as to prevent deterioration, oxidation, rust, paint fading, paint peeling or other unsightly conditions. After thirty (30) days' notice, in writing, the City Administrator may order the removal of any sign that is not maintained in accordance with the provisions of this Section.
[R.O. 2011 §420.160; Ord. No. 019-2008, 10-27-2008]
Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be removed by the owner, agent or lessee having the beneficial use of the building, structure or land upon which such sign may be found. If the owner, agent or lessee fails to remove the sign, the City Administrator shall remove it in accordance with Section 420.170, "Removal". These removal provisions shall not apply where a succeeding owner, agent or lessee conducts the same type of business or advertises a current product and agrees to maintain the signs as provided in this Chapter, makes application for permit and pays the fee as provided for in Section 420.060.
[R.O. 2011 §420.170; Ord. No. 019-2008, 10-27-2008]
The City Administrator shall order the removal of any sign erected in violation of this Chapter. Thirty (30) days' notice, in writing, shall be given to the owner of such sign or of the building, structure or premises on which such sign is located to remove the sign or to bring it into compliance with this Chapter. Upon failure to remove the sign or comply with this notice, the City Administrator shall cause the removal of the sign. Any costs of removal incurred by the City Administrator shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and such charge shall be a lien on the property. The City Administrator may cause any sign which is an immediate peril to persons or property to be removed summarily without notice.