[CC 1981 §470.010; Ord. No. 638 §3(470.010), 1-14-1990]
A.
Short Title. This Chapter shall hereafter be known and cited
as the "Sign Ordinance of the City of Winchester".
B.
Intent And Purpose. The purpose of these regulations is
to provide minimum control of permanent signs to promote the health,
safety and general welfare of the public.
C.
Scope. The provisions of this Chapter shall govern the erection
and construction of all signs, together with their appurtenant and
auxiliary devices, in respect to size, color, content, construction,
location and structural and fire safety.
[CC 1981 §470.020; Ord. No. 638 §3(470.020), 11-14-1990]
As used in this Chapter, the following words shall mean:
A plastic material more than one-twentieth (1/20) of an inch
thick which burns at a rate of not more than two and one-half (2½)
inches per minute when subjected to the ASTM Standard Test for Flammability
of Plastics in sheets of six one-hundredths (0.06) of an inch thickness.
Any structure entirely supported by the wall to which it
is attached and which has a frame covered by canvas, cloth or other
similar temporary material and/or which can be retracted or rolled
to the structure by which it is supported.
A sign made of fabric, plastic, paper or other pliable material
not enclosed in a rigid frame.
Any structure attached to a building at the inner end and
supported on the outer end.
A sign attached to the exterior of a church or located elsewhere
on church premises and used to indicate the services and/or other
activities of the church and including the church name, if desired.
City of Winchester, Missouri.
The wording or graphics on a sign surface.
To build, construct, attach, hang, rehang, place, affix or
relocate and includes the painting of lettering for signs.
Signs exempted from normal permit requirements and fees.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
right-of-way.
The average level of the finished surface of the ground adjacent
to a sign or the exterior wall of the building to which a sign is
affixed.
The vertical distance measured from the surrounding grade
to the highest point of a sign.
A sign which contravenes this Chapter or a non-conforming
sign for which a permit required under a previous ordinance was not
obtained.
A letter, character or symbol used to represent a person,
corporation or business enterprise.
A parcel, tract, plot or area of land accessible by means
of a street or other permanently reserved principal means of access.
It may be a single parcel separately described in a deed of plat which
is recorded in the office of the County Recorder of Deeds or it may
include parts of or a combination of such parcels when adjacent to
one another and used as one (1).
Any permanent structure supported entirely by the building
and which projects from the wall of a building.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
That portion of a lot or building occupied by a single occupant,
exclusive of common areas, if any, shared with adjacent occupants.
That part of any street, road, alley or avenue dedicated
for public use as a walkway or thoroughfare for pedestrians or motor
vehicles, whether or not the public improvements thereon extend to
the full dedicated limits of such right-of-way.
A device, structure or part of a structure, including structural
trim, which displays or upon which is displayed any colors, message,
name or symbol of any kind for the purpose of advertising, announcing,
directing or attracting attention from the outside of a building.
Sign supports are not a part of the sign.
The area of the sign face. The sign area of a multi-faced
sign is the sum of the sign areas of each face, including structural
trim, which can be seen from a single location on an adjacent street
and which displays or upon which is displayed any color, message,
name or symbol of any kind for the purpose of advertising, announcing,
directing or attracting attention from the outside of a building.
If a sign is attached to a building or suspended in any manner whereby
there is no apparent trim or confining border, the sign area shall
be computed by drawing an imaginary straight line around a generally
rectangular margin and measuring the area so encompassed by such line.
A wall sign or projecting sign attached to a building wall
or the generally vertical plane of a mansard-type roof.
A temporary sign used during the construction of new buildings
or the reconstruction of or additions to existing buildings, such
as a sign identifying the project and denoting the owner, architect,
engineer, contractor and/or financing institution of the project.
A sign which indicates a direction for vehicular or pedestrian
traffic or other movement.
Any surface of a sign upon, against or through which the
advertising message is displayed or illustrated on the sign, including
structural trim, which displays or upon which is displayed any color,
message, name or symbol of any kind for the purpose of advertising,
announcing, directing or attracting attention from the outside of
a building and which can be seen from a single location on an adjacent
street, provided that the ends or thickness of a sign shall not be
counted as a separate sign face unless an advertising message is conveyed
thereon.
An illuminated sign on which artificial or reflected light
is not steady or on which colors change.
A sign which flutters and includes banners, flags or other
flexible material which moves with the wind or by some artificial
means.
Any detached sign on the same lot or parcel as the use it
advertises which has its bottom portion erected upon or supported
by the ground, a ground planter box or other supports.
Any sign hanging entirely beneath a canopy, portico or marquee.
Any sign which is illuminated by light sources mounted on
or in the sign or at some other location.
A sign, all or any part of which moves by any means. Such
sign includes a fluttering sign.
A sign not larger than two (2) square feet in area per sign
face identifying the name of a person occupying a building.
Any detached sign located on the same lot or parcel as the
use it advertises, which sign is supported by one (1) or more stationary
poles longer than three (3) feet above the mean grade line of the
ground at its base, provided that this shall not include a permitted
ground sign as set forth herein.
A temporary sign advocating or opposing any political proposition
or candidate for public office.
Any sign which is not permanently attached to the ground
by a footing.
Any sign which projects more than fifteen (15) inches beyond
the plane of the wall on which the sign is erected or attached.
A sign pertaining only to the prospective rental, lease or
sale of the property on which it is located. Real estate signs shall
be excluded from the definition of a pole sign.
Any sign erected on a roof but excluding marquee and canopy
signs and excluding wall or projecting signs which do not project
greater than twenty-four (24) inches above a parapet wall. The generally
vertical plane of a mansard-type roof shall be interpreted as the
same as a wall of a building.
The sign and all parts associated with its construction.
An entry sign identifying a subdivision entry, subdivision
name and/or street names within the subdivision.
A street map of any area placed on a sign.
A temporary real estate sign advertising an entire residential
subdivision.
All structures by which a sign is held up including, for
example, poles, braces, guys and anchors.
Any sign intended for a limited or intermittent period of
display.
A sign erected or attached against the wall of any building
with the plane of the face parallel to the plane of the wall below
the roof line.
A sign which may be seen through the glass of an exterior
door or window. For the purpose of this Chapter, a glass brick wall
shall be deemed a window. This definition does not include merchandise
located in the window.
Signs not exceeding twenty-four (24) square feet used for
holidays, public demonstrations or the promotion of civic, welfare
or charitable purposes.
All signs which advertise products or businesses which are
not located on the same premises as the sign. This includes billboards,
detached pole signs on separate parcels, wall signs and signs otherwise
attached to building and/or supported by uprights or braces on the
ground. Real estate signs are excluded from this definition.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
The Zoning Code of the City of Winchester and the current
district map related thereto.
[CC 1981 §470.030; Ord. No. 638 §3(470.030), 11-14-1990; Ord. No. 642 §1, 4-24-1991]
A.
An application for a permit for any sign not included under Section 415.040; Exceptions shall be made upon forms provided by the City Clerk.
B.
Every
sign applicant, before being granted a permit hereunder, shall pay
to the City Clerk the sum of thirty dollars ($30.00) as a non-refundable
deposit which shall be applied to the permit fee which shall be forty
dollars ($40.00). In the event work is commenced prior to the issuance
of a sign permit, the permit fee shall be doubled.
C.
The
Building Commissioner shall within thirty (30) days review a permit
application and either approve it, reject it or approve it with conditions
and return the same to the applicant or make it otherwise available
to the applicant.
D.
If
the work authorized under a sign erection permit has not been completed
within six (6) months after the date of approval, it shall become
null and void. No fees shall be refunded.
[CC 1981 §470.040; Ord. No. 638 §3(470.040), 11-14-1990]
A.
The
provisions of this Chapter shall not apply to:
1.
Flags of any nation, State, County, City or other governmental unit
and any not-for-profit organizations;
2.
Special displays;
3.
The erection, construction and maintenance of official traffic, fire
and Police signs, signals and devices and markings of the State, County
or City;
4.
Non-illuminated directional or informational signs of a public nature;
5.
Political signs announcing the candidates seeking public political
office and other pertinent data;
6.
(Reserved)
7.
Real estate signs which advertise the sale, rental or lease of the
premises upon which said signs are located only;
8.
Bulletin boards for public, charitable or religious institutions
which are located on the premises of said institutions;
9.
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other incombustible materials;
10.
Signs erected inside a building not visible through windows.
[CC 1981 §470.050; Ord. No. 638 §3(470.050), 11-14-1990]
A.
Prohibited
signs in the City of Winchester are as follows:
1.
Moving signs;
2.
Any sign erected in a public easement or rights-of-way, except as
otherwise permitted in this Chapter;
3.
Any sign attached to any public utility pole, tree, fire hydrant,
curb, sidewalk or other surface located on public property;
4.
Any sign erected in any location where, by reason of its location,
it will obstruct the view of any authorized traffic sign, signal or
other traffic control device. Nor may any sign, by reason of its shape,
position or color, interfere with or be confused with any authorized
traffic sign device. Further, no sign shall be erected in a location
where it will obstruct vision of the public right-of-way to a vehicle
operator during ingress to, egress from or while traveling on the
public right-of-way;
5.
Any on-premises sign advertising an article or product not manufactured,
assembled, processed, repaired or sold or a service not rendered upon
the premises upon which the sign is located;
6.
Any sign or advertising device such as banners and pennants affixed
on poles, wires, ropes or streamers, wind-operated devices, fluttering
signs, pinwheels, streamers, banners, street banners and "A" frames
or other portable signs of like nature and other similar devices or
techniques;
7.
Signs placed or affixed to vehicles and/or trailers which are parked
on a public right-of-way where the apparent purpose is to advertise
a product or direct people to a business or activity located on the
same or nearby property. However, this is not in any way intended
to prohibit signs placed on or affixed to vehicles and trailers, such
as permanent lettering on motor vehicles, where the sign is incidental
to the primary use of the vehicle or trailer;
8.
Off-premises signs (i.e., outdoor advertising signs);
9.
Flashing signs including electronic message centers; however, not
including digital time and temperature signs involving only that information
and no further or additional information of an advertising nature.
Such time/temperature signs shall be constant or steady in nature
and shall not grow, melt, x-ray, up or down scroll, write-on, travel,
inverse, roll, twinkle, snow or present pictorials or other animation;
10.
"A" frame sandwich board or similar portable signs not permanently
mounted to the ground;
11.
Signs which contain characters, cartoons, statements, words or pictures
of an obscene, indecent, prurient or immoral character.
[CC 1981 §470.060; Ord. No. 638 §3(470.060), 11-14-1990]
A.
Any
sign legally existing prior to enactment of this Chapter, but which
shall violate any provision of this Chapter, may continue to be maintained
and used subject to the following provisions:
1.
Enlargement. No non-conforming signs shall be enlarged,
expanded or extended to occupy a greater square footage or height
than was occupied on the date of adoption or amendment of this Chapter.
2.
Relocation. No non-conforming signs shall be moved
in whole or in part to any other portion of the lot, parcel or building
not so occupied on the date of adoption of this Chapter, except that
any such sign which is hereafter required to be moved by a governmental
body for the purpose of construction, relocation, widening or improvement
of a street, highway or other public purpose may be relocated once
and allowed to be maintained and used as before.
3.
Discontinuance. If the business or service advertised
or identified by a non-conforming sign ceases to be conducted for
a period exceeding thirty (30) calendar days, the non-conforming sign
shall be classified as an "abandoned sign" and removed.
4.
Destruction. Should any non-conforming sign be destroyed
by any means to an extent of up to fifty percent (50%) of its surface
area or structure, it shall not be reconstructed, except in conformance
with the requirements of this Code.
B.
If
any existing sign is repainted or the sign panels be replaced for
the purpose of changing the business, occupation or tenant advertised
or identified, it shall be considered a new sign. Ordinary maintenance
or repair of an existing sign to a safe condition shall not be cause
to classify the sign as a new sign.
[CC 1981 §470.070; Ord. No. 638 §3(470.070), 11-14-1990; Ord. No. 724 §§1 — 2, 10-12-1994; Ord. No. 871 §1, 11-13-2002]
A.
In
the "R" Residential District, the following signs are permitted in
accordance with the following:
1.
Subdivision real estate signs shall be maintained in good repair
and shall be removed within thirty (30) days of the sale of the last
home or lot advertised in the subdivision, subject to the following
conditions:
a.
There may be only one (1) sign per subdivision.
b.
Signs may not be located closer than ten (10) feet from any property
line and may be located within five hundred (500) feet of the exterior
boundary of the subdivision.
c.
Such signs shall not be greater than twenty-four (24) square feet
in sign face area.
2.
Subdivision signs shall be subject to the following regulations:
a.
Such signs shall be located at least fifteen (15) feet from the curb
line of adjacent streets in the right-of-way or on private property
abutting such adjacent streets.
b.
Such signs may be illuminated provided that such illumination does
not shine directly onto adjacent residences or street rights-of-way
so as to create a hazardous condition.
c.
Such signs shall not be greater than thirty-two (32) square feet
in sign face area including logo.
3.
Political sign. A temporary sign advocating or opposing
any political proposition or candidate for public office. The maximum
area for any one (1) sign shall be eight (8) square feet, with a total
area of sixteen (16) square feet permitted for each lot or unit. These
signs shall be erected only on private property and shall be removed
within seven (7) days after the election for which they were made.
4.
Memorial signs or tablet signs shall be subject to the following
regulations:
5.
Real estate signs shall be subject to the following regulations:
a.
Such signs shall be non-illuminated.
b.
There shall be not more than one (1) sign on each lot frontage.
c.
Such signs shall be not closer than ten (10) feet to any property
line.
d.
Such signs shall be not greater than six (6) square feet per sign
face in residential districts or twenty-four (24) square feet per
sign face in all other districts.
e.
"Leased" or "rented" signs are not permitted.
f.
Such signs shall be removed within two (2) days of the sale closing
or lease initiation date.
6.
Special displays shall be subject to the following regulations:
a.
Temporary signs pertaining to special events may be displayed by
any church, not-for-profit institution or government agency, provided
that such signs are not displayed for a maximum of thirty (30) days
before and seven (7) days after the special holiday.
7.
Official government flags shall be subject to the following regulations:
a.
Such flags may be flown at all times, subject to the guidelines concerning
their use as set forth by the government which they represent.
b.
Such flags may be illuminated.
c.
For the purpose of this Chapter, flags of the United States, the
State and the City are considered as official governmental flags.
d.
Not more than three (3) flags may be flown from a single flagpole
at any one (1) time.
8.
Garage sale, yard sale and commercial home improvement signs.
a.
Garage sale and yard sale signs may be placed on residential lots
for the day of the sale only and must be self supporting. Only one
(1) such sign shall be placed, except corner lots may have two (2)
signs.
b.
Commercial home improvement signs may be placed on residential lots
during the duration of the project and for five (5) days before and
after the project is completed.
[CC 1981 §470.080; Ord. No. 638 §3(470.080), 11-14-1990; Ord. No. 681 §§1 — 2, 9-23-1992; Ord. No. 812 §1, 1-12-2000]
A.
All
signs and flags permitted in residential district.
B.
Attached
signs shall be subject to the following regulations:
1.
Such signs shall include both wall signs and projecting signs.
2.
Such signs shall not extend horizontally beyond the plane of the
wall to which they are attached more than twenty-four (24) inches.
3.
Such signs shall not exceed a total of five percent (5%) of the side
of the building or unit to which they are attached. Where more than
one (1) side of a building or unit is used for signing, then the same
limitation shall be used.
4.
Such signs shall not project above the parapet wall or roof line.
5.
Projecting signs shall maintain a clearance of at least ten (10)
feet above the ground or pavement where vehicular or pedestrian movement
is possible under such sign.
C.
Marquee,
canopy and awning signs shall be subject to the following regulations:
D.
Directional
signs shall be subject to the following restrictions:
1.
Such signs shall contain symbols, arrows or appropriate wording to
indicate points of appropriate ingress or egress or other pertinent
traffic directions, including the following words:
a.
"Entrance" or "entrance only";
b.
"One-way";
c.
"Exit" or "exit only";
d.
"Do not enter";
e.
"No exit" or "no entrance";
f.
"Drive-in window";
g.
"Right turn only" or "no left turn";
h.
"Loading area", "parcel pickup area" or "loading zone";
i.
"Service vehicles only" or "no trucks"; and
j.
The street address and/or name of the business center or development,
the name of the use building or a trade mark, logo or similar matter,
provided that not more than fifty percent (50%) of the sign area is
used for this purpose.
2.
Such signs shall not exceed six (6) square feet in sign area per
side, nor shall there be more than two (2) such signs per entry/exit,
unless such entry/exit is divided by a raised median, in which case
each side shall be treated as a separate entry or exit.
3.
Such signs shall not be greater than four (4) feet in total height
above the elevation of the adjacent driveway at the point where it
meets the street right-of-way.
E.
Institutional/government
signs shall be subject to the following restrictions:
1.
Such signs shall not be over twenty-four (24) square feet in sign
area, nor exceed a total height of eight (8) feet above grade at the
base.
2.
Projecting signs shall maintain a clearance of at least ten (10)
feet above the ground or pavement where vehicular or pedestrian movement
is possible under such sign.
3.
Awning signs shall be painted or otherwise permanently affixed to
the awning.
F.
Occupational
or identification signs shall be attached signs and shall be subject
to the following regulations:
G.
Ground
signs shall be subject to the following regulations:
1.
Such signs shall be located not closer than ten (10) feet from any
property line.
2.
Such signs shall be located so as not to obstruct vision at an intersection
or vehicular entry or exit from the property.
3.
Such signs may be supported by post or poles that do not exceed a
height of three (3) feet plus a planter box. The sign shall not exceed
a height of four (4) feet. In no event shall posts, poles, planter
boxes and sign elevation exceed a height of seven (7) feet above the
centerline of the adjacent roadway at a point perpendicular to the
sign location.
4.
Such signs shall not exceed ten percent (10%) of the surface of the building wall of which they are in front of or relate to, provided that the total of all permanent attached signs and ground signs on a frontage shall not exceed fifteen percent (15%) of the wall surface facing such frontage except as otherwise provided in Section 415.040.
5.
Landscaping shall be placed at the base of and around any ground
sign for a distance equal to at least one-half (½) the total
height of the sign or three (3) feet, whichever is greater.
H.
Hanging
signs shall be permitted in addition to all other signs, provided
that such signs do not exceed three (3) square feet per sign face.
I.
Temporary
signs shall be governed by the restrictions concerning construction
signs, political signs, real estate signs, subdivision real estate
signs or special display signs according to the use to which the temporary
sign is being put.
J.
A permit
for a temporary subdivision real estate sign shall be necessary prior
to erection.
K.
Wall
signs shall be governed by the restrictions concerning attached signs,
provided that no sign shall be painted directly onto the wall of a
structure.
L.
Window
signs shall be subject to the following regulations:
1.
Such signs shall not cover more than fifteen percent (15%) of the
window or glass door to which they are applied.
2.
All signs in one (1) window shall be deemed to be one (1) sign for
the purpose of this paragraph.
3.
Window signs shall be maintained in good repair.
4.
Window signs shall be professionally prepared and applied to either
side of an exterior window or door.
5.
A sign which can be seen through a window or door may be considered
a window sign.
6.
A window sign shall be calculated with the total square footage of
signs permitted per building side.
7.
Window sign permits may be issued for certain designated areas. These
areas may be used for signs which change periodically. However, these
areas are subject to all other window sign regulations.
8.
When a window sign permit is issued for a designated area, the content
of the signs displayed there must be included with permit application.
M.
Pole
sign shall be subject to the following regulations:
1.
Only one (1) pole sign shall be erected on any street frontage per
each thirteen thousand (13,000) square feet of gross commercial floor
area.
2.
The bottom of the sign shall be at least ten (10) feet above the
main ground level on which the sign is placed and shall not exceed
a height of thirty (30) feet. The sign shall not exceed a maximum
of twelve (12) feet wide and a maximum of two hundred forty (240)
feet per face.
3.
Pole signs shall not be located in any right-of-way.
4.
There shall be no more than one (1) sign for each one hundred sixty-five
(165) feet of linear feet frontage on arterial streets and when more
than one (1) sign is allowable, each individual sign shall contain
its evenly distributed and proportional signage area.
N.
Signs
attached to public bus passenger waiting shelters located on the public
street rights-of-way shall be subject to the following regulations:
1.
Each public bus passenger shelter shall be permitted to display one
(1) such sign not to exceed twenty-five (25) square feet per facing
or a total of fifty (50) square feet in total aggregate display area.
Such signage is considered incidental to the primary purpose of the
shelter. Signage shall only be allowed in non-residential zoning districts.
[CC 1981 §470.090; Ord. No. 638 §3(470.090), 11-14-1990]
A.
Except
as hereinafter provided, all signs shall be subject to the following
general construction standards and maintenance standards:
1.
If any sign becomes hazardous to pedestrian or vehicular traffic
by reason of obstruction of walkways or fire access or exit lanes
or by restricting sight distances for vehicle or pedestrian traffic
or if any sign is located so close to travel lanes or parking areas
that it is struck by maneuvering vehicles, then such sign shall be
relocated, removed or otherwise protected within thirty (30) days
of notification by registered letter from the Building Commissioner
that such danger or nuisance exists.
2.
Such signs and supports shall be maintained in good repair so as
to prevent rust, peeling, flaking or fading. Broken panels, missing
letters, flaking or peeling paint and other visual damage to a sign
shall be repaired within forty-five (45) days of the occurrence or
within thirty (30) days of notification by registered letter from
the Building Commissioner.
3.
All signs shall be constructed of rigid weatherproof materials and
provisions shall be made for electric grounding of all metallic parts.
5.
No sign shall be erected or maintained so that, by its position,
shape, wording, device or color, it might interfere with, obstruct
the view of, or be confused with any authorized traffic sign, signal
or device.
6.
No sign regulated by this Chapter shall make use of the words "stop",
"look", "yield", "danger" or any other word, phrase, symbol or character
in such a manner as to interfere with, mislead or confuse traffic.
[CC 1981 §470.100; Ord. No. 638 §3(470.100), 11-14-1990]
A.
Authority Of Building Commissioner. The Building Commissioner
of the City shall be responsible for the enforcement of this Chapter
and may, at any time he/she deems necessary, inspect any sign structure
regulated by this Chapter.
B.
Written Notice To Be Given Of Violations. If it is found
that a sign is in violation of this Chapter, the Building Commissioner
or his/her designee shall give written notice to the owner of the
sign or, if the owner cannot be located within thirty (30) days by
the Building Commissioner, to the owner of the premises on which the
sign is located or, if the sign erection is not complete, to the sign
erector, stating:
1.
The violations found;
2.
The conditions must be brought into compliance with this Chapter
within thirty (30) days, or written proof must be presented within
thirty (30) days that work has been contracted to correct violations
by not later than sixty (60) days from the date of the notice;
3.
The specific standards that must be met; and
4.
Failure to comply or to make good faith efforts to comply with the
terms of this notice shall constitute grounds for the Building Commissioner
to order removal of the sign at the expense of the sign owner or owner
of the premises, as provided by this Chapter.
C.
Removal Of Signs By Building Commissioner. The Building
Commissioner may remove a sign if:
D.
Costs To Sign Owner, Premises Owner Or Sign Erector. The
cost of sign repair or removal shall be charged:
1.
To the sign owner;
2.
If the sign owner cannot be located by the Building Commissioner
within thirty (30) days, to the premises owner; or
3.
If the sign erection was not complete at the time the notice of violation
was given, to the sign erector and such cost shall be collected from
his/her bonding agent if the erector is bonded.
[CC 1981 §470.110; Ord. No. 638 §3(470.110), 11-14-1990]
The Board of Adjustment is authorized to review or modify the
Building Commissioner's order or determination with respect to signs
covered by this Chapter and to that end shall, during appeal, have
all the Building Commissioner's powers. In addition, the Board may
grant variances from this Chapter as provided by this Zoning Code.
[CC 1981 §470.120; Ord. No. 638 §3(470.120), 11-14-1990]
Penalties shall be as provided for in the City Municipal Code.
