[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 workmen 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.
[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 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.
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.
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 billboard, 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".
[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.
[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 (90) 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.
[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 (5½)
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 (8½)
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 (7½) 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.
[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. City Council 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, billboards, portable signs and temporary
signs, except where permitted by this Chapter.
[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.
[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.
[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.
[Ord. No. 1347A §I(420.090), 4-21-2003]
A.
Purpose.
1.
Billboards 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. Billboards 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 billboards 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 billboards 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 A Billboard. In addition to complying with the terms of this Chapter, billboards 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 billboard.
C.
Placement Of Billboards.
1.
Billboards shall be located only on private property.
2.
A billboard shall not be located closer than one thousand four hundred
(1,400) feet from any other billboard. 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 (1st) application received by the Administrative
Officer will be the first (1st) considered for approval. The second
(2nd) application shall remain pending until resolution of the first
(1st) application. The second (2nd) applicant shall be advised in
writing if the first (1st) application considered is granted and the
second (2nd) application shall be automatically denied. If the first
(1st) application is denied, the second (2nd) application shall then
be considered.
3.
To preserve the natural beauty and promote the recreational value
of public travel in the City, billboards shall not be located within
one thousand five hundred (1,500) feet of a corporate boundary of
the City.
4.
Billboards 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, billboards shall not be located within one thousand five
hundred (1,500) feet of land zoned for residential purposes.
6.
Billboards 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.
Billboards shall be permitted only in the following zoning districts:
"B-1" and "I".
8.
No billboard shall be permitted to be mounted, attached or affixed
to a building rooftop or the walls of any building.
D.
Lighting Of Billboards.
1.
Billboards shall not include any revolving or rotating beam or beacon
of light that simulates any emergency light or device.
2.
Billboards shall not include any flashing, intermittent or moving
light or lights.
3.
Billboards 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 billboard 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.
Billboards shall not be illuminated so as to interfere with the effectiveness
of or obscure an official traffic sign, device, or signal.
5.
Billboards shall not have a maximum average lighting intensity level
that exceeds twenty (20) foot-candles.
E.
Size Of Billboards. Billboards 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) billboard.
F.
Setbacks And Height Of Billboards.
1.
To provide a safety zone to prevent injury or property damage from
collapse caused by acts of nature or other causes, billboards shall
meet the following minimum setback requirements from all points of
the billboard:
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 billboards caused by acts of nature or other causes,
billboards shall not exceed thirty (30) feet in sign height measured
above the rights-of-way grade from which the billboard is intended
to be viewed. In cases where the grade at the location of the proposed
billboard is higher than the right-of-way grade adjacent to which
the billboard is located, the overall height of the sign structure
shall be lowered as a condition of granting a permit to prevent the
billboard from unreasonably detracting from the visibility of other
neighboring signs or properties.
3.
The application for a conditional use permit for a billboard 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 Billboards. Billboards shall be accessible
by means of a service road that is internal to the lot or parcel on
which the billboard is located. All vehicles, equipment and personnel
used to build, service, maintain and repair billboards 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 A Billboard.
1.
Billboards shall not be permitted by the City until a permit has
been issued by the Missouri Highway and Transportation Commission.
2.
Billboards shall not be permitted before the applicant has submitted
a sign survey to indicate the relative vertical and horizontal distances
between the proposed billboard and all principal freestanding sign
within one thousand five hundred (1,500) feet. If by reason of height,
size or spacing the proposed billboard 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 billboard's dimensions to cure these deficiencies as a condition
of granting a conditional use permit.
[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.
[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.
[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.
[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.
[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.
[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.
[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
|
Editor's Note — Table 420-2, Sign Regulations is included as an attachment to this chapter.
Editor's Note — Table 420-3, Number, Dimension, Location and Duration of Temporary Signs is included as an attachment to this chapter.
