[R.O. 2010 § 420.010; Ord. No. 1347A § I(420.010), 4-21-2003]
A.
Purpose.
1.
The purpose of this Chapter is to
provide minimum standards to safeguard life, health, property, property
values and public welfare by regulating and controlling the quality
of materials, design, construction, installation and maintenance of
signs, advertising devices and outdoor display structures, together
with their appurtenant and auxiliary devices, in addition to the location,
number, color, size, sign type and type of illumination of all signs
and sign structures located on private property.
2.
The ban of all signs on utility poles,
public rights-of-way and other public property (without the consent
of the owner of the public property, i.e., City, County, State or
Federal Government) and which sign regulation generally is necessary
to protect the safety of workers who must scale utility poles, to
eliminate traffic hazards thereby helping to ensure public safety
and to preserve the aesthetic appeal of the City by eliminating clutter
and visual blight.
B.
C.
Applicability.
1.
The regulations and requirements
of this Chapter apply to all signs that are or are intended to be
viewed from a public right-of-way or adjacent property or that are
intended to be viewed from outdoor areas of public property, except
as otherwise exempted under this Chapter.
2.
Signs shall be permitted only in
conformance with these regulations or as otherwise provided for non-conforming
signs under the provisions of this Chapter.
[R.O. 2010 § 420.020; Ord. No. 1347A § I(420.020), 4-21-2003]
For the purposes of this Chapter,
the following words and terms shall have the meanings set forth opposite
below:
The official designated by the Board of Aldermen of the City
to administer and enforce the provisions of this Chapter or, in the
event no such designation is made, the City's Building Code and Zoning
Enforcement Officer.
Any flasher, blinker, animation, clock or other object designed
or intended to attract the attention of the public to an establishment
or to a sign. The term "advertising device" includes, but is not limited
to, the following:
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BANNER — A temporary paper,
plastic or cloth device hung or installed to attract attention to
and associated with a temporary event.
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PENNANT — Any lightweight plastic,
fabric or similar material suspended from a rope, wire or string,
usually in series, designed to move in the wind.
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Any device entirely supported by the wall to which such device
is attached and which has a frame covered by canvas, cloth or other
similar temporary material and which may be retracted or rolled to
the structure by which such device is supported.
A sign that is fastened to, projects from or is placed or
painted upon the exterior wall, window, door or roof of a building
in any manner. The term "building sign" includes, but is not limited
to, the following:
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Sign Types
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AWNING SIGN — A sign imposed
or painted upon an awning.
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FACADE SIGN — A sign affixed
to, integral with or displayed upon a facade.
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INCIDENTAL SIGN — A sign containing
an announcement or other display providing information about the occupancy
or conduct of business permitted on a premises, such as logos of credit
cards accepted on the premises, hours of operation, closed or open,
emergency contact person name and telephone number, street address,
help wanted, no loitering or solicitations, security system notices,
notices required by law and similar information.
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MARQUEE SIGN — A sign attached
flat against a marquee or permanent sidewalk canopy of a building
and not extending above the roof line.
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PROJECTING SIGN — A sign affixed
to a wall of a building and extending more than one (1) foot from
the surface of such wall, usually perpendicular to the wall surface.
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ROOF SIGN — A sign that is
mounted on, applied to or otherwise structurally supported by the
roof of a building.
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UNDER CANOPY SIGN — A sign
or advertising device attached to the underside of a marquee or canopy
and protruding over public or private sidewalks or rights-of-way.
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WALL SIGN — A sign that is
fastened directly to or is placed or painted directly upon the exterior
wall of a building and extends from the surface of the wall no more
than twelve (12) inches.
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WINDOW SIGN — A sign that is
placed on or behind a windowpane and intended to be viewed from outside
the building.
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Use of a sign or advertising device so designated by this Chapter which may be permitted under certain established conditions after review and approval by the Board of Aldermen according to the provisions of Section 420.130 when the Board of Aldermen determine that the location and design of the sign or advertising device is not in conflict with the purpose of this Chapter and that the necessary safeguards for protection of surrounding property and neighborhood values are provided.
A temporary sign used during construction of new buildings
or renovation of existing buildings identifying the contractors, engineers,
architects or financial institutions involved in the building construction
or development.
A sign that presents a message through illumination of flashing,
intermittent or moving lights forming the letters, numbers or symbols
of the message, whether or not the message appears to move across
the sign face.
A depiction or drawing drawn to scale showing horizontal
and vertical elements of a building or structure, including, but not
limited to, walls, roof lines and other architectural features.
A sign used to safely direct vehicular traffic into or out
of a property or to or from a business via a driveway from a street.
The front of a building or any side facing a public way or
space, especially one distinguished by architectural treatment.
See "building sign."
A sign permanently attached to the ground and that is wholly
independent of any building or other structure. The term "freestanding
sign" includes, but is not limited to, the following:
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GROUND SIGN –– A freestanding
sign, other than a pole sign, in which the bottom of the sign face
is less than six (6) feet above the ground, but is not directly in
contact with the ground.
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MONUMENT SIGN — A freestanding
sign in which the entire bottom of the sign is in contact with the
ground, providing a solid and continuous background for the sign face
from the ground to the top of the sign.
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POLE SIGN — A sign that is
mounted on a freestanding pole or other support so that the bottom
edge of the sign face is above grade so as to expose the pole or support
structure.
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A sign having a sign face which is artificially lighted.
The term "illuminated sign" includes, but is not limited to, the following:
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FULLY ILLUMINATED SIGN — An
illuminated sign, the sign structure of which is lighted by an external
or internal source that is visible.
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INDIRECTLY ILLUMINATED SIGN —
An illuminated sign that is partially or completely lighted at any
time by an external light source that is shielded and not visible
at eye level.
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INTERNALLY ILLUMINATED SIGN —
An illuminated sign that is lighted internally over the entire sign
face area by use of electrical or other artificial lighting.
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See "building sign."
A sign that is intended to be expanded by air or other gas
for proper display or support.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building, over
an entrance, as to a theater.
See "building sign."
See "freestanding sign."
A sign that contains two (2) or more sign face surfaces that
are located on different sides of the sign and are separated from
each other at their nearest point by no more than three (3) feet.
A single office, commercial or industrial property that is
designed or intended for occupancy by two (2) or more businesses.
Any sign or advertising device which was lawfully in use
at the time of passage of this Chapter or amendments thereto that
does not meet requirements of this Chapter or amendments thereto.
A sign or advertising device placed or maintained by or on
behalf of a governmental body, governmental agency or public authority,
such as traffic signs, signals or regulatory devices or warnings;
official emblems, public notices or official instruments; indicators
of historical interest sites or designating areas of architectural
or historic significance or gateways.
A sign that directs attention to a business, commodity, product,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located or on the premises
upon which the sign is located.
See "freestanding sign."
A sign or advertising device that is not permanently affixed
to one (1) location and has the capability of being readily moved
or relocated.
Portions of U.S. Highway 61, U.S. Highway 54 and Business
61 located within the corporate limits of the City and such other
routes or route segments as may be designated from time to time by
the Board of Aldermen by ordinance, together with the rights-of-way
of each.
A sign located at a discernible entrance into a particular
subdivision, development or office or industrial park.
See "building sign."
See "building sign."
Any object, device, display or structure or part thereof
that is used to advertise, identify, display or attract attention
to an object, person, institution, organization, business, product,
service, event or location by any graphic or similar means, including,
without limitation, words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
The area or display surface of a sign used for a message
or to otherwise communicate information.
The vertical distance to the highest point of a sign structure
as measured from the average grade at the base of the structure or
directly below a projecting structure.
All elements of a freestanding sign or outdoor advertising,
including the sign face, background or decorative elements related
to the presentation of the sign's message and the structural supports.
Any sign made of a material such as cardboard, paper, pressed
wood, plastic or metal that is attached to a fence, tree or a utility
pole or similar structure.
A monument sign that is located at an entrance of a residential
subdivision and is associated with identification of the subdivision.
Designed for easy removal or not capable of withstanding
the weather for at least twelve (12) months.
An activity having a specific duration or the end of which
is related to a specific action, usually lasting for less than twelve
(12) months at a time. Temporary events, as contrasted to special
events, include such activities as:
A political campaign, referendum
or ballot proposition put to the voters as part of City, State or
Federal governance.
The offering of a property or premises
for sale or lease.
The construction of a building or
development project or the rehabilitation, remodeling or renovation
of a building.
One who possesses or occupies land or buildings by title,
under a lease or through payment of rent; an occupant, inhabitant
or dweller of a place.
See "building sign."
Coordinated drawings and specifications that establish a
unified design concept with regard to the location, materials, size,
letter style and color of all signs and advertising devices to be
placed on a property.
See "building sign."
[R.O. 2010 § 420.030; Ord. No. 1347A § I(420.030), 4-21-2003]
A.
The following types of signs are exempt
from all restrictions and regulations imposed by this Chapter:
1.
Interior window signs and interior
window displays.
2.
Brand names or logos on products,
product containers or dispensers that are an integral part of the
product or the product's packaging.
3.
A building design, color or motif
that is associated with a particular establishment or organization,
but that conveys no commercial message.
4.
Official signs.
5.
A sign limited in content to the
street name and address number of the building or property to which
it is affixed, provided that the sign consists of lettering no larger
than five (5) inches in height on a building or three (3) inches on
a mailbox.
6.
Displays erected on a seasonal basis
in observance of religious, national or State holidays, which are
not intended to be permanent in nature and that contain no commercial
message.
7.
Signs intended to convey a legal
right or restriction on a property, such as "no trespassing" or "no
hunting." Signs intended to warn the public of a bona fide danger
on the property, such as "beware of the dog"; or a sign placed by
order of a court or by a government official in the normal course
of their duties, such as posting of a legal notice or a "building
condemned" placard.
[R.O. 2010 § 420.040; Ord. No. 1347A § I(420.040), 4-21-2003; Ord. No. 1599 § I, 6-16-2008]
A.
The following signs are prohibited in any
zoning district and may be removed by order of the Administrative
Officer.
1.
Snipe signs.
2.
Pennants which remain more than ten
(10) days within any continuous ninety-day period at the same premises
or address.
3.
Portable signs, including, but not
limited to:
a.
A sign mounted on a trailer, with
or without wheels, with the exception of factory manufactured two
(2) sided changeable letter board with or without lighting.
b.
An "A-frame" or "sandwich board"
sign when used or located outside the "B-2" zoning district.
c.
A sign which is more than twelve
(12) inches in height and is mounted or painted upon a parked vehicle
that is positioned for the primary purpose of acting as a sign exposed
to the public and is not in use in the ordinary course of carrying
out its transportation function.
d.
A sign mounted or painted upon a
vehicle that is operated on public streets for the primary purpose
of presenting a message or symbol offering or supporting the sale,
rent, lease, loan or other availability of any property, product or
service and is not otherwise in use in the normal course of transporting
people, merchandise or freight.
4.
Any sign or advertising device that
emits or utilizes in any manner any sound capable of being detected
on any traveled street or highway by a person with normal hearing;
or any sign or advertising device that emits smoke, vapor, particles
or odors.
5.
Any roof sign which extends above
the top edge of the parapet or eaves of a flat or shed roof; the ridge
line of a gable, hip or gambrel roof; or the deck line of a mansard
roof.
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Roof Types
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6.
Any sign or advertising device, other
then an official sign, which is posted or erected on a utility pole
or any other public or private property within a public right-of-way.
7.
Inflatable signs.
8.
Any temporary painted wall sign.
9.
Any temporary exterior window sign
displayed beyond thirty (30) days.
[R.O. 2010 § 420.050; Ord. No. 1347A § I(420.050), 4-21-2003]
A.
Conformance To Building Codes.
1.
In addition to the sign permit required by this Chapter, a building permit shall be obtained from the Administrative Officer prior to installation or placement of any freestanding sign having a sign structure area greater than fifteen (15) square feet or any building sign having a sign face area greater than six (6) square feet. All signs for which a building permit is required shall be constructed and maintained in conformance with all applicable Building Code (Section 500.010 of the City Code) and Electrical Code (Section 500.130 of the City Code) requirements.
2.
All signs utilizing internal lighting
or other electrical devices or circuits shall display a label certifying
such lighting as being approved by the Underwriters Laboratories,
Inc.
B.
Sign Maintenance.
1.
All signs, together with all their
supports, braces, guys and anchors shall be kept in good repair and,
unless constructed of galvanized or non-corroding metal, shall be
given a protective coating as necessary to maintain a clean appearance
and safe condition.
2.
All signs shall be maintained in
accordance with all City ordinances, including ordinances regulating
nuisances and vegetation.
C.
Freestanding Signs. Each freestanding sign
shall be located at least seventy-five (75) feet from any other freestanding
sign on the same side of the street; provided that a monument sign
may be located within twenty-five (25) feet of another freestanding
sign. Separation requirements may be reduced as approved by the Administrative
Officer upon a written finding that the requirement cannot be met
due to the location of existing signs on separate, but adjoining lots;
provided that such reductions shall be the minimum required to maintain
the greatest separation possible from existing signs.
D.
Projecting And Under Canopy Signs.
1.
Projecting signs shall not project
more than five and one-half (5 1/2) feet beyond the face of the building.
Projecting signs shall be a minimum of ten (10) feet above the level
of any sidewalk from the bottom of the sign. Any projecting sign within
twenty-five (25) feet of a street or alley intersection shall be a
minimum fourteen (14) feet above the sidewalk measured from the bottom
of the sign.
2.
Under canopy signs of greater than
four (4) square feet shall be rigidly mounted and there shall be eight
and one-half (8 1/2) feet of clearance between the base of any rigidly
mounted under canopy sign and the sidewalk or grade. There shall be
a minimum clearance of seven and one-half (7 1/2) feet between the
base of any non-rigidly mounted under canopy sign and the sidewalk
or grade.
3.
Projecting signs and under canopy
signs shall be limited to no more than one (1) per tenant on a property
and each tenant shall have no more than one (1) projecting sign or
under canopy sign.
E.
Banners. All business banners shall be
maintained according to City ordinances.
F.
Computation Of Sign Area.
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1.
To determine compliance with the
maximum allowable sign areas permitted under this Chapter, the area
of a sign shall be considered the area of the sign face unless otherwise
stated.
2.
Sign Face Area. The area of a sign
face shall be computed as the area within the smallest rectangle enclosing
the limits of a sign face or the combination of the areas of all such
rectangles delimiting each sign face, together with any frame or material,
texture or color forming an integral part of the sign face or used
to differentiate the sign face from the structure upon which it is
placed.
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Examples of Sign Face Area
Measurements
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a.
The computation of the area of a
sign face shall not include the structure, supports or uprights on
which the sign face is placed or any portions of a sign structure
which are not intended to contain any message or idea and are purely
structural or decorative in nature, other than those portions contained
within the rectangle that delimits the sign face.
b.
For any sign on which the words,
letters, figures, symbols, logos, fixtures, colors or other design
elements routinely change or are intended to be changed from time
to time, the sign face area shall include the entire area within which
any words, letters, figures, symbols, logos, fixtures, colors or other
design elements may be placed, together with any frame or material,
texture or color forming an integral part of the sign face or used
to differentiate the sign face from the structure upon which it is
placed.
3.
Sign Structure Area. The area of
a sign structure shall be computed as the area within the smallest
rectangle enclosing the limits of the surface of a sign whereon the
sign face may be placed or contained, including all portions of a
sign structure that provide a background for the sign face but are
not intended to contain any message or idea and are purely structural
or decorative in nature.
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Examples of Sign Structure
Area Measurements
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a.
Any open space contained within the
limits of the rectangle delimiting the sign face or sign structure
shall be included in the computation of the area of the sign structure.
b.
For Multi-Faced Signs. When the sign
face surfaces are parallel (back to back) or where the interior angle
formed by the faces is forty-five degrees (45°) or less, the area
of the sign shall be taken as the area on the largest side. For all
other multi-faced signs, the area of the sign shall be the total area
on all sides that can be viewed at one (1) time from any angle.
[R.O. 2010 § 420.051; Ord. No. 1938, 9-20-2021]
A.
Purpose. These regulations provide standards
and procedures for the safe and appropriate use of electronic message
boards. The regulations are intended to ensure the use of such signs
will not have a detrimental effect on the surrounding area or the
public welfare, and will be consistent with the purpose and intent
of this Chapter.
B.
Procedures. Electronic message display
boards shall be subject to the site plan review and approval processes.
C.
Modes Of Operation. The following modes
of operation are described for electronic message signs:
1.
Static: signs which include no animation
or effects simulating animation.
2.
Fade: signs where static messages
are changed by means of varying light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases in intensity to the point
of legibility.
3.
Dissolve: signs where static messages
are changed by means of varying light intensity or pattern, where
the first message gradually appears to dissipate and lose legibility
simultaneous to the gradual appearance and legibility of the subsequent
message.
4.
Traveling: signs where the message
is changed by the apparent horizontal movement of the letters or graphic
elements of the message.
5.
Scrolling: signs where the message
is changed by the apparent vertical movement of the letters or graphic
elements of the message.
D.
Standards. The following describes standards
for the installation and use of electronic message display boards:
1.
Zoning Districts. Electronic message
display boards shall be permitted in the "B-1" and "B-2" Zoning Districts
subject to meeting the standards and criteria described herein. Exceptions
may be granted for churches, schools, government agencies and institutional
uses located in any zoning district.
2.
Size. The area of the electronic
display panel shall vary according to location, as follows:
3.
Height. The maximum height shall
meet the requirements of the sign type set forth in this Chapter.
4.
Hours Of Operation. Where electronic
message display boards may face residential property in adjacent residential
zoning districts, such displays shall be turned off by 10:00 p.m.
or by a time established in conjunction with the site plan review
and approval process.
5.
Sign Type. Electronic message display
boards may be incorporated into freestanding signs or wall-mounted
signs.
6.
Number. Only one (1) electronic message
board shall be allowed as part of a shopping center sign and, only
one (1) such sign shall be permitted per street frontage for a shopping
center. For individual uses, only one (1) electronic message board
shall be permitted on the premises per use.
7.
Distance From Residential Use. Electronic
message boards shall not be located within one hundred (100) feet
of any residence or residential zoning district as measured from the
sign to the property line of the residential use.
8.
Distance From Other Signs. Electronic
message display signs must be spaced a minimum of one hundred fifty
(150) feet from other electronic message boards.
E.
Lighting Intensity And Color. Daytime lighting
must automatically reset to a lower level for nighttime hours. To
ensure compliance with this Section, the sign must have an automatic
brightness control linked to ambient light levels.
1.
Brightness. Electronic message boards
shall come equipped with dimming technology that automatically adjusts
the display's brightness based on ambient light conditions and comply
with maximum nighttime brightness level.
2.
Electronic message boards' maximum
illumination during nighttime hours may only be ten percent (10%)
of the maximum illumination of daytime hours. The Board of Aldermen
has the authority to determine a sign a safety hazard and require
the brightness to be adjusted.
F.
Exemptions. The following shall not require
a sign permit:
1.
Temporary governmental signs, including
emergency warning signs, traffic control signs, special event signs,
temporary information signs or similar applications using electronic
message boards.
2.
Electronic "Open" or "Closed" type
signs displayed in windows of businesses, provided they are no more
than two (2) square feet in size.
G.
Exceptions. The following types of electronic
message boards shall be permitted for approved uses subject to obtaining
a sign permit:
1.
Gasoline price signs with electronic
price numbers shall be permitted for service stations and fueling
centers where incorporated into permitted on-premises signs.
2.
Time and temperature signs that provide
illuminated numbers only may be located in commercial districts. Such
signs may be integrated with signs that identify the primary property
use or be installed as independent signs, provided the electronic
display panel does not exceed eight (8) square feet in area and is
in conformance with height standards described in this Section.
H.
Prohibited Electronic Message Signs.
1.
Electronic message display boards
shall be prohibited within any City Historic District, design review
area, or any other districts or properties listed on the National
Register of Historic Places or any locally designated historic landmark,
unless determined as a contributing element to the historic district
or landmark.
2.
Off-premises signs, outdoor advertising,
portable signs and temporary signs, except where permitted by this
Chapter.
[R.O. 2010 § 420.060; Ord. No. 1347A § I(420.060), 4-21-2003]
Table 420-1 set out in Section 420.160 presents the type of signs and advertising devices permitted in each zoning district and Table 420-2 set out in Section 420.170 presents the maximum number, size, height and other restrictions relating to specific signs and advertising devices that are permitted in each zoning district.
[R.O. 2010 § 420.070; Ord. No. 1347A § I(420.070), 4-21-2003]
A.
In addition to the specific signs and advertising
devices permitted in each zoning district, the following signs and
advertising devices shall be allowed in all zoning districts (or in
the zoning districts as indicated) under the conditions noted for
each type of sign.
1.
Miscellaneous Directional Signs.
Entrance/exit signs may be located at driveways that provide access
into or from the property. There shall be no more than two (2) entrance/exit
signs per driveway and each shall not exceed eight (8) square feet
in sign area nor be more than four (4) feet in height.
2.
Temporary Event Signs. Signs or advertising
devices associated with a temporary event shall comply with the following:
a.
Duration. The sign or advertising
device may be placed upon initiation of the temporary event and shall
be removed within ten (10) working days of termination of the temporary
event. "Initiation" and "termination" of particular temporary events
shall be interpreted as follows:
(1)
Election. Initiation
upon the last day of qualification of candidates or certification
of a ballot question and termination upon the election of a candidate
to office or resolution of a ballot question.
(2)
Real Estate Sale Or
Lease. Initiation upon the actual availability of the property or
premises for sale or lease and termination upon execution and acceptance
of a final contract for the real estate transaction.
(3)
Building Construction
Or Renovation. Initiation upon issuance of a building permit and termination
upon issuance of the certificate of occupancy or approval for connection
to electric power for the work authorized by the building permit.
b.
Size.
(1)
Single-Family And Two-Family
Residences. Temporary event signs located on properties occupied by
or zoned for single-family or duplex residences shall not exceed six
(6) square feet in sign structure area and five (5) feet in sign height.
(2)
Multi-Family And Non-Residential
Uses. Temporary event signs located on properties occupied by or zoned
for multi-family or non-residential uses shall not exceed thirty-two
(32) square feet in sign structure area and eight (8) feet in sign
height.
[R.O. 2010 § 420.080; Ord. No. 1347A § I(420.080), 4-21-2003]
A.
All subdivision monument signs shall comply
with the following regulations:
1.
Materials. All subdivision monument
signs shall have a masonry or concrete substructure with surfaces
of clay brick, split-face concrete block, stone or stucco; and the
surfaces shall not be painted.
2.
Lighting. Any lighting shall be designed
to minimize glare in all directions to the greatest extent possible.
High intensity lights, such as floodlights, shall not be used.
3.
Landscaping. Landscaping shall be
required at the base of the subdivision monument sign that shall be
designed to blend and harmonize the subdivision monument sign with
the surrounding natural or built environment. Proposed landscaping
shall be identified at the time a sign permit is requested. Landscaping
materials shall not block the sign face.
[R.O. 2010 § 420.090; Ord. No. 1347A § I(420.090), 4-21-2003]
A.
Purpose.
1.
Outdoor advertising targeting messages
at drivers on primary highways within the City have a significant
adverse impact on the safety of the traveling public when such structures
because of their size, lighting, spacing, location, height or design
distract or confuse travelers, interfere with vision or obscure traffic
signs or signals. Outdoor advertising targeting messages at drivers
on primary highways within the City also have a significant adverse
aesthetic impact on the community when such structures dominate the
surrounding environment both visually and physically with their large
sizes, bright lighting, close spacing, intrusive locations and great
heights. The adverse aesthetic impact of outdoor advertising can be
especially harmful at entryways to the City, which are a visitor's
first impression of the community.
2.
The erection and placement of outdoor
advertising along primary highways within the City are subject to
reasonable regulations relative to size, lighting, spacing, location
and height to avoid adverse safety and aesthetic impacts. Avoiding
such adverse impacts is intended to further the substantial public
interest in protecting private investment in adjoining properties
and public investment in primary highways, promote the recreational
value of public travel, preserve the natural beauty of the community,
provide a favorable first impression of the community and promote
the safety of public travel.
B.
Conditional Use Permit Required For Outdoor Advertising. In addition to complying with the terms of this Chapter, outdoor advertising are designated a conditional use and a conditional use permit shall be obtained in accordance with the procedures set forth in Section 420.130 prior to the erection or installation of any outdoor advertising.
C.
Placement Of Outdoor Advertising.
1.
Outdoor advertising shall be located
only on private property.
2.
A outdoor advertising shall not be
located closer than one thousand four hundred (1,400) feet from any
other outdoor advertising. Spacing shall be determined based on other
signs that have received a conditional use permit or that are signs
established as lawful non-conforming signs. Signs which have received
prior authorization or that are lawful non-conforming signs shall
have priority over a later applicant in determining compliance with
the spacing restrictions. Where two (2) different applications conflict
with each other, so that only one (1) of the applications may be granted,
the first application received by the Administrative Officer will
be the first considered for approval. The second application shall
remain pending until resolution of the first application. The second
applicant shall be advised in writing if the first application considered
is granted and the second application shall be automatically denied.
If the first application is denied, the second application shall then
be considered.
3.
To preserve the natural beauty and
promote the recreational value of public travel in the City, outdoor
advertising shall not be located within one thousand five hundred
(1,500) feet of a corporate boundary of the City.
4.
Outdoor advertising shall not be
located adjacent to or within one thousand five hundred (1,500) feet
of any interchange, intersection at grade or safety rest area that
is existing or approved for construction. This distance shall be measured
from the beginning or ending of the pavement widening at the exit
from or entrance to the main traveled way or, if there is no pavement
widening, then from the midpoint of the intersection.
5.
To preserve adjoining property values
and avoid adverse aesthetic impacts, outdoor advertising shall not
be located within one thousand five hundred (1,500) feet of land zoned
for residential purposes.
6.
Outdoor advertising shall be permitted
only within six hundred sixty (660) feet of the nearest edge of the
rights-of-way of the following primary highways: U.S. Highway 61 and
U.S. Highway 54.
7.
Outdoor advertising shall be permitted
only in the following zoning districts: "B-1" and "I."
8.
No outdoor advertising shall be permitted
to be mounted, attached or affixed to a building rooftop or the walls
of any building.
D.
Lighting Of Outdoor Advertising.
1.
Outdoor advertising shall not include
any revolving or rotating beam or beacon of light that simulates any
emergency light or device.
2.
Outdoor advertising shall not include
any flashing, intermittent or moving light or lights.
3.
Outdoor advertising may be lighted
by external lighting, such as floodlights, thin line and gooseneck
reflectors, provided the light source is directed upon the sign face
of the outdoor advertising 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 highway or into any portion of adjacent properties
and the lights are not of an 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.
4.
Outdoor advertising shall not be
illuminated so as to interfere with the effectiveness of or obscure
an official traffic sign, device, or signal.
5.
Outdoor advertising shall not have
a maximum average lighting intensity level that exceeds twenty (20)
foot-candles.
E.
Size Of Outdoor Advertising. Outdoor advertising
shall not exceed a sign structure area for any one (1) sign face of
eight hundred (800) square feet with a maximum height of thirty (30)
feet and a maximum length of sixty (60) feet, inclusive of border
and trim, but excluding the base or apron, supports and other structural
members. The maximum size limitations shall apply to each side of
a sign structure and sign faces may be placed back to back, double
faced or in a V-type construction with not more than two (2) sign
faces to each facing, but the sign structure shall be considered as
one (1) outdoor advertising.
F.
Setbacks And Height Of Outdoor Advertising.
1.
To provide a safety zone to prevent
injury or property damage from collapse caused by acts of nature or
other causes, outdoor advertising shall meet the following minimum
setback requirements from all points of the outdoor advertising:
a.
At least ninety (90) feet from the
nearest edge of the sign structure to the rights-of-way limit of any
primary highway;
b.
At least ninety (90) feet from all
property lines and all roofed structures; and
c.
At least ninety (90) feet from any
other structure that would require a building permit for construction.
2.
To provide a further safety zone
to prevent injury or property damage from collapse of outdoor advertising
caused by acts of nature or other causes, outdoor advertising shall
not exceed thirty (30) feet in sign height measured above the rights-of-way
grade from which the outdoor advertising is intended to be viewed.
In cases where the grade at the location of the proposed outdoor advertising
is higher than the right-of-way grade adjacent to which the outdoor
advertising is located, the overall height of the sign structure shall
be lowered as a condition of granting a permit to prevent the outdoor
advertising from unreasonably detracting from the visibility of other
neighboring signs or properties.
3.
The application for a conditional
use permit for a outdoor advertising shall contain documentation to
the satisfaction of the Administrative Officer that the applicant
has secured the legally enforceable right to prevent the erection
of structures within the setback zones. No building permit shall be
issued for construction of any building within the setback clearance
zone.
G.
Service Drives To Outdoor Advertising.
Outdoor advertising shall be accessible by means of a service road
that is internal to the lot or parcel on which the outdoor advertising
is located. All vehicles, equipment and personnel used to build, service,
maintain and repair outdoor advertising shall confine their activity
so as not to interfere with pedestrian or vehicular traffic on public
roads.
H.
Additional Information Required Prior To
Permitting Of Outdoor Advertising.
1.
Outdoor advertising shall not be
permitted by the City until a permit has been issued by the Missouri
Highway and Transportation Commission.
2.
Outdoor advertising shall not be
permitted before the applicant has submitted a sign survey to indicate
the relative vertical and horizontal distances between the proposed
outdoor advertising and all principal freestanding sign within one
thousand five hundred (1,500) feet. If by reason of height, size or
spacing, the proposed outdoor advertising creates a significant disharmony
with a principal freestanding sign within one thousand five hundred
(1,500) feet or unreasonably detracts from the visibility of other
neighboring signs or properties, the City may require reasonable modification
of the outdoor advertising's dimensions to cure these deficiencies
as a condition of granting a conditional use permit.
[R.O. 2010 § 420.100; Ord. No. 1347A § I(420.100), 4-21-2003]
A.
Abandonment Defined.
B.
Sign Removal.
1.
Illegal signs may be removed immediately
by an order of the Administrative Officer.
2.
Signs or advertising devices that
are deemed to be abandoned or otherwise found to be in violation of
this Chapter shall be removed by the owner of the sign or advertising
device or the owner of the premises within thirty (30) days from the
written notice by the Administrative Officer. The Administrative Officer
shall have the discretion to grant an additional thirty (30) days
for the required improvements to be made, provided that the Administrative
Officer determines that substantial progress is being made to correct
the deficiencies and a written request for an extension is received
at least five (5) working days before the end of the original notice
period. Any sign or advertising device not removed within the time
period required by this Subsection may be removed by the City and
all costs charged to the owner of the premises upon which the sign
or advertising device was located or the owner of the sign or advertising
device.
3.
Should any sign or advertising device
become unsecured or in danger of falling or otherwise unsafe in the
opinion of the Administrative Officer, the owner or person or firm
maintaining the sign or advertising device shall, upon written notice
from the Administrative Officer, forthwith in the case of immediate
danger and in any case within ten (10) days remove such sign or advertising
device or secure same in a manner approved by the Administrative Officer.
Any such sign or advertising device not removed or secured within
ten (10) days from the written notice may be removed by the City and
all costs charged to the owner or agent or person having beneficial
interest in the building or premises upon which the sign or advertising
device was located or to the owner or agent or person having beneficial
interest in the sign or advertising device.
4.
If any sign or advertising device
is installed, erected or constructed in violation of this Chapter,
the owner or person or firm maintaining the sign or advertising device
shall, upon written notice from the Administrative Officer, within
ten (10) days, remove the sign or advertising device or bring same
into compliance with this Chapter. Any sign or advertising device
which is not removed or properly altered within ten (10) days from
the written notice may be removed by the City and all costs charged
to the owner, agent or person having beneficial interest of the building
or premises upon which the sign or advertising device was located
or to the owner or agent or person having beneficial interest in the
sign or advertising device.
[R.O. 2010 § 420.110; Ord. No. 1347A § I(420.110), 4-21-2003]
A.
Purpose. Within the City, certain existing
signs or advertising devices which were lawful prior to the adoption
or amendment of this Chapter are prohibited under the terms hereof.
This Section is intended to declare such non-conforming signs to be
incompatible with the permitted uses in each zoning district and must
be removed within ninety (90) days of notice by the Administrative
Officer.
B.
Exemptions. To that end, any sign structure
in use on the effective date of the enactment or the amendment of
this Chapter shall be exempt from the provisions of this Chapter,
according to the following:
1.
Existing permanent signs in use in
residential districts shall not be affected by this Chapter except
that should a non-conforming sign be removed, replaced or substantially
altered, such sign shall be brought into conformity with this Chapter.
2.
Any permanent non-conforming signs
in use in agricultural, business and industrial zoning districts shall
not be affected by this Chapter except that any such sign structure,
including the sign supports, but excluding the sign face, which is
removed, replaced or substantially altered shall be brought into conformity
with this Chapter; provided that any permanent non-conforming sign
that is damaged through no fault of the owner may, upon issuance of
a permit by the City, be repaired (restored to the original condition
without being expanded, enlarged or increased in intensity).
3.
Any permanent non-conforming signs
in use in agricultural, business and industrial zoning districts that
exist in a multi-tenant building which has not had uniform sign standards
approved by the Planning and Zoning Commission shall be allowed to
remain until such time as they are removed, replaced or substantially
altered; provided that any permanent sign for a multi-tenant building
that is damaged through no fault of the owner may, upon issuance of
a permit by the City, be repaired (restored to its original condition
without being expanded, enlarged or increased in intensity).
C.
Temporary Signs. Existing temporary signs
shall have ninety (90) days after the effective date of this Chapter
to be brought into compliance.
D.
Abandonment Or Discontinuance. In the event that the use of a non-conforming sign or sign structure ceases to be used as a sign or does not display or advertise the name, message or logo of a business currently located or product currently sold on the lot or premises on which the non-conforming sign is located or is otherwise discontinued for a period of ninety (90) days, regardless of any reservation of an intent not to abandon or to resume such use, the non-conforming sign shall be deemed abandoned and shall be ordered brought into conformity or removed within the time period set forth in the City's notice pursuant Section 420.100.
E.
In Use — Defined. A sign structure
is "in use" for the purposes of this Section if the sign advertises
a business currently conducted or a product currently sold on the
premises or lot.
[R.O. 2010 § 420.120; Ord. No. 1347A § I(420.120), 4-21-2003]
A.
In addition to a building permit as may be required under Section 420.050(A) and the Building Code (Section 500.010 of the City Code), a sign permit shall be obtained from the Administrative Officer prior to installation or construction of any sign regulated under this Chapter, except for those temporary event signs and signs specifically exempted under this Section. Sign permits shall be granted pursuant to the following provisions:
1.
Conditions. Sign permits shall be
required at the time that any permanent sign is installed as provided
in this Chapter and at the time that any such existing sign is altered.
Alterations shall include items such as changing colors, sign face
wording or replacement of major parts or supports or modifications
to the electrical components.
2.
Applications.
a.
Applications for permits shall be
made upon forms provided by the City Clerk.
c.
Applicants for all building signs
having a sign face area greater than six (6) square feet, all freestanding
signs having a sign structure area greater than fifteen (15) square
feet and all other signs over fifty (50) square feet in area shall
obtain a building permit.
d.
Applicants for any sign or advertising
device containing electrical components shall obtain an electrical
permit.
3.
Fees. Fees as may be adopted by the
Board of Aldermen and shall be placed on file with the City Clerk
shall be paid at the time a permit is applied for.
4.
Time Limits. If the work authorized
by a permit has not been completed within six (6) months after the
date of approval, such permit shall become null and void and a new
permit shall be applied for and issued prior to erecting the sign.
5.
Completion. The erector or installer
of the sign or advertising device shall notify the Administrative
Officer within fourteen (14) days of the completion of installation.
The Administrative Officer shall within fourteen (14) additional days
take, develop, date and file appropriate colored pictures of the sign
or advertising device. Said file shall be maintained by the Administrative
Officer and shall be open for public inspection during normal business
hours thereafter.
[R.O. 2010 § 420.130; Ord. No. 1347A § I(420.130), 4-21-2003]
A.
Intent And Purpose. The purpose of the
conditional use permit procedure is to provide the City with a procedure
for determining the appropriateness of a proposed sign or advertising
device not authorized as a matter of right by this Chapter. The appropriateness
of the sign or advertising device shall be determined in consideration
of surrounding uses, activities and conditions of the site and of
surrounding areas. Based upon this determination, the Board of Aldermen
may decide to permit, reject or permit conditionally the sign or advertising
device for which the conditional use permit is sought.
B.
Authorization. The Board of Aldermen may
authorize by ordinance, under prescribed conditions the construction
of any sign or advertising device that is expressly permitted as a
conditional use; however, the Board of Aldermen shall retain full
authority to deny any application for a conditional use, to impose
conditions on the sign or advertising device or to revoke any approval
based upon a finding that an established conditional use has become
unsuitable and incompatible with the surrounding area or that the
conditions of approval are not being observed.
C.
Submission And Review Procedures.
1.
An applicant for conditional use
permit shall file with the City Clerk eight (8) copies of an application
on a form provided by the Clerk.
2.
The application shall contain such
information and supporting documents as the Board of Aldermen may
prescribe by regulation.
3.
At the time an application for a
conditional use permit is filed, the City Clerk shall require the
applicant to pay to the City a fee according to a schedule established
by the Board of Aldermen and on file in the offices of the City Clerk
and upon payment of the fee, shall transmit the application and supporting
materials received to the Administrative Officer.
4.
Within twenty-one (21) days the Administrative
Officer shall determine if the application complies with all submission
requirements. If the application complies, copies shall be forwarded
to the Board of Aldermen. If the application is deficient, the Administrative
Officer shall notify the applicant of the deficiency and the applicant
shall have an additional twenty-one (21) days to remedy the deficiency.
5.
Within sixty (60) days of receipt
of the application from the Administrative Officer, the Board of Aldermen
shall set a date for a public hearing on the application and notice
of the time and place of the hearing shall be given at least fifteen
(15) days prior to the hearing by publication in a newspaper having
a general circulation in the City.
6.
The Board of Aldermen may authorize
a conditional use permit after holding a public hearing on the application
by a simple majority vote. The Board may also add any restriction
or condition the Board of Aldermen feels appropriate by simple majority
vote.
D.
Standards. The Board of Aldermen shall
not approve a conditional use permit for a sign or advertising device
unless the Board of Aldermen affirmatively finds that the application
and evidence presented clearly indicate that the proposed sign or
advertising device:
1.
Will not adversely affect the character
of the neighborhood in which the sign or advertising device is to
be located;
2.
Will not cause substantial injury
to the value of neighboring property;
3.
Complies with all other applicable
regulations and provisions of this Chapter; and
4.
Will be compatible with the surrounding
area and thus will not impose an excessive burden or have a substantial
negative impact on surrounding or adjacent uses.
E.
Conditions And Restrictions. In approving
a conditional use permit, the Board of Aldermen may impose conditions
and restrictions as necessary to assure that the standards and the
general intent of this Chapter are complied with. The Board of Aldermen,
in approving a conditional use permit, may specify that any future
enlargement or alteration to the sign or advertising device must be
approved by the Board of Aldermen as an amendment to the conditional
use permit before the enlargement or alteration may be undertaken.
F.
Period Of Validity.
1.
No conditional use permit granted
by the Board of Aldermen shall be valid for a period longer than one
(1) year from the date granted, unless within such period erection
or installation of the sign or advertising device is commenced.
2.
The Board of Aldermen may grant extensions
not exceeding one hundred eighty (180) days, upon written application,
without notice or hearing.
[R.O. 2010 § 420.140; Ord. No. 1347A § I(420.140), 4-21-2003]
A.
The Administrative Officer shall be responsible
for the enforcement of this Chapter and may at any reasonable time
inspect any sign or advertising device regulated by this Chapter.
B.
Written Notice To Be Given Of Violations.
1.
Permanent Signs. If it is found that
any permanent sign has been erected in violation of this Chapter,
the Administrative Officer or designee shall give written notice to
the owner of the sign or, if the owner cannot be located within thirty
(30) days by the Administrative Officer, to the owner of the premises
on which the sign is located or if the sign erection or installation
is not complete, to the sign erector or installer stating:
a.
The violations found;
b.
The specific standards which must
be met;
c.
The conditions must be brought into
compliance within thirty (30) days;
d.
Failure to comply with the terms
of such notice shall constitute grounds for the Administrative Officer
to order removal of the sign at the expense of the owner and/or owner
of the premises as provided by this Chapter; and
2.
Temporary Signs. If it is found that
any temporary sign has been placed in violation of this Chapter, the
Administrative Officer or designee shall give written and verbal notice
to the owner of the property on which the sign is placed or, if the
owner cannot be located, to the tenant of the premises on which the
sign is located stating:
a.
The violation found;
b.
The sign must be either removed or
brought into compliance within forty-eight (48) hours;
c.
Failure to comply with the terms
of such notice shall constitute grounds for the Administrative Officer
to order removal of the sign at the expense of the owner and/or owner
of the premises as provided by this Chapter; and
C.
Signs Not Brought Into Compliance May Be
Removed By Administrative Officer. Except in the event of a request
for appeal, if the violations set out in a written notice have not
been corrected within the specified time period after delivery of
the notice, the Administrative Officer may deem the non-complying
sign or advertising device a nuisance and may remove such sign or
advertising device.
D.
Costs To Sign Owner, Premises Owner Or
Sign Erector. The cost of repair or removal shall be a joint and several
obligation of the owner of the sign or advertising device and/or the
owner of the property on which the sign or advertising device is located.
E.
Expenses Incurred To Be Assessed As Lien
On Property. In the event of failure by any party to reimburse the
City within sixty (60) days for the cost incurred for repair or removal
ordered by the Administrative Officer, the Board of Aldermen shall
certify the charges for repair or removal to the City Clerk as a special
assessment represented by a special tax bill against the real property
on which the sign had been erected. The tax bill shall be a lien upon
the property and shall be enforced to the same extent and in the same
manner as all other special tax bills. The assessment shall bear interest
at the rate of eight percent (8%) per annum until paid.
F.
Persons Owing Costs Of Sign Repair Or Removal
Not To Be Issued Further Sign Permits. The Administrative Officer
shall not issue any further permits to persons refusing to pay costs
assessed for the removal of illegal signs nor to agents or representatives
of such persons.
[R.O. 2010 § 420.150; Ord. No. 1347A § I(420.150), 4-21-2003]
A.
Review Of Administrative Officer's Orders.
The Board of Adjustment is empowered to review or modify the Administrative
Officer's order or determination with respect to signs covered by
this Chapter and to that end shall, during appeal, have all the Administrative
Officer's power. In addition, the Board of Adjustment hear appeals
and may grant variances from the provisions of this Chapter as hereinafter
provided.
B.
Guidelines For Overturning Or Modifying
Administrative Officer's Decision. The Board of Adjustment shall,
in considering appeals from the Administrative Officer's order or
determination, establish that the sign or advertising device or application
in question complies with all the requirements of this Chapter. If
it is determined that the Administrative Officer's application of
this Chapter to the appellant's sign or advertising device or request
for a permit is erroneous, then the Board of Adjustment may overturn
or modify the Administrative Officer's decision.
C.
Grounds For Granting Variance.
1.
The Board of Adjustment may grant
variances from the application of this Chapter where it is found that
because of:
a.
The limitations on character, size
or dimensions of a sign or advertising device; or
b.
The regulations controlling the erection
or installation of a sign or advertising device;
|
the permittee would be subject to
undue hardship; provided that undue hardship shall not result from
a mere loss of a possible advantage or convenience to the applicant.
|
2.
The Board of Adjustment's decision
on an appeal shall be incorporated on the sign permit by reference
to the decision number and date of decision.
D.
Applications. Applications for review of
the Administrative Officer's order and for variances shall be made
upon forms provided by the City Clerk and shall be received within
fourteen (14) days of delivery of any written order.
E.
Fees. Application to the Board of Adjustment
shall be accompanied by a filing fee as may be adopted by the Board
of Aldermen and on file with the City Clerk.
F.
Supporting Regulations. Insofar as they are applicable and consistent, the provisions of Chapter 405, Article V, Board of Adjustment — Appeals — Variances, pertaining to the Board of Adjustment as provided in this Chapter, shall be applicable to appeals taken to the Board of Adjustment for variances or interpretations of this Chapter.
[R.O. 2010 § 420.160; Ord. No. 1347A § I(Table 420-1), 4-21-2003; Ord. No. 1938, 9-20-2021]
|
TABLE 420-1
| |||||
|---|---|---|---|---|---|
|
Permanent Sign Type
|
Zoning District
| ||||
|
"A"
|
"R"
|
"B-2"
|
"B-1"
|
"I"
| |
|
Address
|
R
|
R
|
R
|
R
|
R
|
|
Animated
|
P
|
P
| |||
|
Awning
|
P
| ||||
|
Banner
|
P
| ||||
|
Canopy
|
P
| ||||
|
Changeable copy
|
P
| ||||
|
Directional
|
P
|
P
| |||
|
Directory
|
P
|
P
|
P
| ||
|
Electronic display
|
P
|
P
| |||
|
Exposed neon
| |||||
|
Flags
|
P
|
P
|
P
|
P
|
P
|
|
Flashing
| |||||
|
Government
|
P
|
P
|
P
|
P
|
P
|
|
Inflatable
| |||||
|
Marquee
|
P
|
P
| |||
|
Monument
|
P
|
P
|
P
|
P
|
P
|
|
Moving
| |||||
|
Off-site
|
CUP
|
CUP
|
CUP
| ||
|
Painted wall
|
P
|
P
| |||
|
Pennants
| |||||
|
Plywood-permanent
| |||||
|
Pole
|
CUP
|
CUP
| |||
|
Portable
| |||||
|
Projecting
|
P
| ||||
|
Roof
| |||||
|
Rotating
| |||||
|
Sandwich board
|
P
| ||||
|
Snipe
| |||||
|
Subdivision entrance
|
P
|
P
| |||
|
Time and temp
|
P
|
P
|
P
|
P
| |
|
Under canopy
|
P
| ||||
|
Wall
|
P
|
P
|
P
| ||
|
Window (exterior)
|
T
|
T
|
T
|
T
|
T
|
|
R
|
=
|
Required
|
|
P
|
=
|
Permitted only with an approved sign
permit
|
|
Blank box
|
=
|
Prohibited
|
|
CUP
|
=
|
Allowed only with a conditional use
permit
|
|
T
|
=
|
Temporary only
|
[R.O. 2010 § 420.170]
Table 420-2, Sign Regulations, is included as an attachment to this chapter.
[R.O. 2010 § 420.180]
Table 420-3, Number, Dimension, Location and Duration of Temporary Signs, is included as an attachment to this chapter.
