City of Overland, MO Article XIV Signs [1]

[1] Cross References — Street numbers required on buildings fronting on public street, §500.050; sign permit, §500.140; electrical code, ch. 505; signs and billboards, §400.790 et seq.; signs for special sales, §620.220; garage sale signs, §620.230.

Section 400.790 Intent.

[CC 1976 App. A §14.01; Ord. No. 2449 §1, 11-14-1988]

A. It is the intent of this Article to regulate and control the location, erection, number, and maintenance of signs and matters relating thereto within the City of Overland in order to promote public safety, health, and general welfare of the community. These regulations are specifically designed to:

1. Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the City.

2. Prohibited hazardous and dangerous signs.

3. Provide a desirable and attractive living environment through harmonious and uniform signage.

Section 400.795 Scope.

[CC 1976 App. A §14.02; CC 1976 §22-19; Ord. No. 2181 §§1 — 7, 5-13-1985; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-01 §1, 1-27-2003; Ord. No. 2011-23 §1, 9-12-2011]

A. The provisions of this Article shall govern the erection, alteration, and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure, and fire safety.

B. The provisions of this Article shall not apply to:

1. Flags of any nation, State, County, City or other governmental unit and any not-for-profit organization.

2. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, religious or local holidays or events.

3. The erection, construction, and maintenance of any sign of the City of Overland, and 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. Residential garage or patio sale signs not to exceed six (6) square feet and located upon the premises where the sale is taking place.

6. Property real estate signs not exceeding six (6) square feet in area, which advertise the sale, rental, or lease of the premises upon which said signs are located only, as well as directional signs erected off-site, for the purpose of assisting the traveling public in locating an individual piece of real estate for sale. Such directional signs shall not exceed six (6) square feet in size, nor shall such signs be considered to include residential project construction signs of a directional nature as regulated elsewhere in this Article.

7. One (1) bulletin board not over thirty-two (32) square feet in area, for public, charitable, or religious institutions which are located on the premises of said institutions.

8. 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.

9. Professional name plates, or occupational signs, and home occupation signs not exceeding one (1) square foot in area, wall-mounted and unit, adjacent to the main entrance of the building.

10. Signs erected inside a building not visible through windows.

11. (Reserved)

Section 400.800 Rules and Definitions.

[CC 1976 App. A §14.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-02 §1, 1-27-2003; Ord. No. 2011-23 §4, 9-12-2011]

A. Rules Of Construction. For the purposes of this Article, certain rules of construction shall apply to the text as follows:

1. Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.

2. The terms "shall" and "must" are always mandatory and not discretionary; the words "may" or "should" are permissive.

3. Words or terms not interpreted or defined by this Section shall be used with a meaning of common or standard utilization.

4. The word "person" includes a firm, organization, association, partnership, trust, company, or corporation, as well as an individual.

5. The words "use" or "occupy" shall include the words "intended", "designed", "arranged" to be "used" or "occupied".

B. Definitions. The following definitions shall apply in interpretation and enforcement of this Article unless otherwise specifically stated:

ABANDONED SIGN

A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

ANIMATED SIGN

Any sign which includes action or motion. For purposes of this Article, this term does not refer to flashing or changing, both of which are separately defined.

BANNER

A sign made of fabric, plastic, paper or other light pliable material, not enclosed in a rigid frame, and characteristically suspended on an exterior wall of the building or structure or along or across a public street.

BUILDING FACE OR WALL

All window and wall area of a building in one (1) plane or elevation.

CANOPY

Any structure attached to the building at the inner end and supported on the other end, or a freestanding structure, with one (1) or more supports, meant to provide shelter from weather elements onto which signs may be affixed or incorporated.

CHANGEABLE COPY SIGN (MANUAL)

A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.

CHANGING SIGN (AUTOMATIC)

A sign such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.

CHURCH BULLETIN BOARD

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

The City of Overland.

COPY

The wording or graphics on a sign surface.

DIRECTOR OF PUBLIC WORKS

The officially designated representative of the City of Overland responsible for the enforcement of the sign ordinance and other ordinances.

DISTRICT

As defined under the Zoning Code and Zoning District Map.

ELECTRONIC BILLBOARD

Any outdoor advertising billboard structure portion thereof upon which alphanumeric characters, graphics or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area, including computer programmable, microprocessor controlled electronic displays and projected images or messages with these characteristics are utilized to advertise a person, thing, product, or service not located or sold on the lot upon which the electronic billboard is placed. Electronic billboards do not include on-premise electronic message signs.

ERECT

To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate, and includes the painting and repainting of existing sign structures.

FACADE

The front or main part of a building facing a street; for purposes of this Article the "facade" is defined as measured from the ground elevation to the head beam.

FACE OF SIGN

The entire area of a sign on which copy could be placed. The area of a sign which is visible from one (1) direction as projected on a place.

FLASHING SIGN

Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic, electronically controlled changing signs limited to time, temperature and date, and included as part of a permitted on-premises attached or pole sign, are not classed as flashing signs.

FRONTAGE

The length of the lot along the street side. The front of a lot bordering more than one (1) street is considered separate for each street.

GASOLINE AND OIL SERVICE STATIONS

Any business which dispenses, or is designed to dispense gasoline and/or oil for use in motor vehicles or boats.

GROUND LEVEL

Immediate surrounding grade.

HEIGHT OF SIGN

The vertical distance measured from the surrounding grade to the highest point of sign.

ILLEGAL SIGNS

A sign which contravenes this Article, or a non-conforming sign for which a permit required under a previous ordinance was not obtained.

INTERIOR PROPERTY LINE

Property lines other than those forming a dedicated public right-of-way.

LOGO

A letter, character, or symbol used to represent a person, corporation or business enterprise.

LOT

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 or 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 as determined by the Director of Public Works.

OWNER

A person recorded as such on official records and including duly authorized agent or notary, a purchaser, lessee, devisee, judiciary; any person having a vested or contingent interest in the property or business in question.

PERSON

Any natural person, firm, partnership, association, corporation, company or organization of any kind.

PREMISES

An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

READER BOARD

Any sign that has changeable or removable lettering.

RIGHT-OF-WAY (ROW)

Shall be the right-of-way of the respective street as it currently exists or the proposed right-of-way as indicated on the City of Overland comprehensive plan and/or as set forth in the City of Overland's Subdivision Regulations, whichever represents the greatest width from the centerline of the street.

ROOF LINE

The highest point of the coping on a flat roof, false mansard, or parapet wall; the deck line of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean height level between the eaves and ridge for a gable or hip roof. (See Figure 1.)

	FIGURE 1. ILLUSTRATION OF ROOF LINES
	Legend: H = Height of Building G = Grade

SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS

A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.

SETBACK

The minimum horizontal distance between either the face of curb, the edge of pavement, or the right-of-way line and the sign structure as specified in a particular Section of this Article.

SHOPPING CENTER

A building containing four (4) or more shops, stores, and other places of business, and providing off-street parking facilities in common for all of the businesses and their customers.

SHOW WINDOW SIGN

Any temporary sign advertising sales or specials attached to or within three (3) feet of the glass surface of any fixed window (glazing) visible from a public right-of-way.

SIGN

Any identification, description, illustration or device, illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, pennant or placard designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Not included are decorative devices or emblems as may be displayed on a residential mailbox. For the purposes of this Article, this definition shall include those signs painted directly upon a building or other structure.

SIGN AREA

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. 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 upon a building or other structure.

SIGN, ATTACHED

A sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roof line.

SIGN, COMMERCIAL DIRECTORY

A permanent pole sign designating the name of a commercial center and listing the various tenants of the center.

SIGN, CONSTRUCTION

A temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor, and/or financing institutions of the project.

SIGN, DIRECTIONAL

A sign which indicates a direction for vehicular or pedestrian traffic or other movement.

SIGN, FLUTTERING

A sign which flutters, and includes banners, flags, pennants, or other flexible material which moves with the wind or by some artificial means.

SIGN, GROUND

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, not taller than six (6) feet above mean grade level.

SIGN, HANGING

Any sign hanging entirely beneath a canopy, portico, or marquee.

SIGN, ILLUMINATED

Any sign which is illuminated by light sources mounted on or in the sign or at some other location.

SIGN, MEMORIAL OR TABLETS

The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication, or other similar information.

SIGN, NON-CONFORMING

A sign legally erected under the previously existing ordinances of the City, but which does not conform to the provisions of this Article.

SIGN, OCCUPATIONAL AND/OR IDENTIFICATION

An attached wall sign not larger than one (1) square foot in area identifying the name of a person occupying a building.

SIGN, POLE

Any detached sign located on the same lot or parcel as the use it advertises which is supported by one (1) or more stationary poles no taller than thirty (30) 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.

SIGN, PORTABLE

Any sign not permanently affixed to the ground. Attachment of a sign, otherwise designed to be portable, to the ground or parking surface through the use of tiedowns, spikes, nails, screws, or similar approach shall not be deemed an action sufficient to be classified as "permanently affixed".

SIGN, PROJECT IDENTIFICATION

A permanent ground sign identifying an apartment complex, condominium project, or mobile home development entry, name, and/or street names within the project.

SIGN, PROJECTING

Any sign which projects more than twelve (12) inches beyond the plane of the wall on which the sign is erected or attached.

SIGN, PROPERTY REAL ESTATE

A sign pertaining only to the prospective rental, lease, or sale of the property upon which it is located. Real estate signs shall be excluded from the definition of pole signs.

SIGN, RESIDENTIAL CONSTRUCTION PROJECT

Any temporary sign that provides direction to any residential development under construction, or promotes the residential development on the project site. For the purposes of this Article a "residential development" shall be restricted to development of a residential subdivision or residential multi-family structure containing three (3) or more dwelling units.

SIGN, ROOF

Any sign erected above the roofline of the building as defined herein.

SIGN STRUCTURE

The sign and all parts associated with its construction.

SIGN, SUBDIVISION IDENTIFICATION

A permanent ground sign identifying a subdivision entry, subdivision name, and/or street names within the subdivision.

SIGN SUPPORTS

All structures by which a sign is held up, including, for example, poles, braces, guys, and anchors.

SIGN, TEMPORARY

Any sign intended for a limited or intermittent period of display.

SIGN, WINDOW, TEMPORARY

A temporary sign affixed to the inside of an exterior window or glass door.

SPECIAL DISPLAYS

Signs not exceeding thirty-two (32) square feet, used for holidays, public demonstrations, or promotion of civil welfare or charitable purposes.

STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD

Any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, or other activity not conducted, sold or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground. Real estate signs and political signs are excluded from this definition.

STREET

A public thoroughfare which affords the principal means of access to abutting property.

TEMPORARY SIGN

A sign which is not permanent and is allowed for a specific time period.

TRAFFIC DIRECTIONAL SIGN

Any sign which aids the flow of traffic.

TRIVISION BILLBOARD

An outdoor advertising structure that uses rotating slats to display up to three (3) changeable messages. Trivision billboards do not include any kind of electronic billboard, including, but not limited to, LED, digital or internally illuminated billboards.

USE

The purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.

ZONING CODE

The Zoning Code of the City of Overland and the current Zoning District Map related thereto.

Section 400.805 Administration and Enforcement. [1]

[CC 1976 App. A §14.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 98-77 §1, 9-29-1998]

A. Administration.

1. Except where herein otherwise stated, the provisions of this Article shall be administered by the Director of Public Works, or by deputies of his/her department as the Council may designate to enforce provisions of this Article.

2. The Director of Public Works (or his/her authorized representative) is hereby empowered in performance of its functions to enter upon any land in the City for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon markers, notices, or signs required to effect provisions of this Article. The above-authorized person shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Article.

B. Duties Of The Director Of Public Works.

1. The Director of Public Works shall have the power to grant sign permits, and to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of this Article.

2. It shall be improper for the Director of Public Works to approve plans or issue any permits or certificates for any sign until he/she has inspected such plans in detail and found them to conform with this Article, nor shall the Director of Public Works vary or change any terms of this Article.

3. If the Director of Public Works shall find that any of the provisions of this Article are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and stating the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal signage; discontinuance of any illegal work being done; or shall take any other action authorized by this Article to insure compliance with or to prevent violation of its provisions.

C. Permit Required.

1. It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, or moving of any sign or sign structure or any portion thereof without first having applied in writing to the Director of Public Works for a sign permit to do so and after a sign permit has been granted therefor. Primary responsibility for securing the necessary permits shall be the property owner's. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated.

2. Blank forms shall be provided by the Director of Public Works for the use of those applying for permits as provided in this Article. Any permits issued by the Director of Public Works shall be on standard forms for such purpose and furnished by the City Council. There shall be a separate permit for each sign to be constructed, altered, or erected.

3. Any sign permit under which no construction work has been commenced within six (6) months after the date of issuance of said permit or under which proposed construction has not been completed within one (1) year of the time of issuance shall expire by limitation.

D. Voiding Of Sign Permit. A permit may be revoked by the Director of Public Works at any time prior to the completion of the sign for which the same was issued, when it shall appear to him/her that there is departure from the plans, specifications, or conditions as required under terms of the permit, that the same was procured by false representation, or that any provisions of this Article are being violated. Written notice of such revocation shall be served upon the owner, his/her agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop work order, which shall be posted in a prominent location, and thereafter no such construction shall proceed.

E. Compliance With Sign Permits. Sign permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Article as provided herein.

F. Violations. If it is found that a sign is in violation of this Article, the Director of Public Works, or his/her designee, shall give notice to the owner of the sign, or if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located or, if the sign erection is not complete, to the sign erector, either personally, by United States mail, or by posting such a notice on the premises, such notice stating:

1. The violations found; and

2. The violations must be brought into compliance within the requirements of this Article and all other City ordinances within ten (10) days from the date of such notice; and

3. The requirements which must be met; and

4. Any person found to be in violation of any provision of this Article shall be subject to a fine of not more than five hundred dollars ($500.00) or up to ninety (90) days imprisonment, or to both such fine and imprisonment, with each day of such violation constituting a separate offense without further notice being required.

[1] Cross Reference — Sign permit, §500.140.

Section 400.810 Prohibited Signs. [1]

[CC 1976 App. A §14.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 99-77 §1, 9-14-1999; Ord. No. 2011-23 §§2, 5, 9-12-2011]

A. The following signs and advertising devices are hereby declared to be unlawful provided, however, that nothing herein shall prevent the posting of signs or banners approved by the Mayor and a majority of the Council of the City of Overland:

1. Animated signs.

2. Any sign erected in a location prohibited by this Article.

3. Any sign erected in a public easement or right-of-way.

4. Any sign erected so as to prevent free ingress to or egress from any door or window, or any other exitway required by the Building or Fire Codes of the City.

5. Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property.

6. 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 signal, sign or 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.

7. Any 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, except as otherwise permitted in this Article.

8. Any sign or advertising device such as banners attached to buildings, pennants affixed on poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, street banners, and "A" frames or other portable signs of like nature, and other similar contraptions or techniques except that as otherwise permitted by Section 400.850(B).

9. Off-site or off-premises signs except as provided in this Article.

10. Any flashing sign or any electronic sign except as specifically provided for in Section 400.850(C) and Section 400.850(D).

11. Portable signs, not permanently affixed to the ground, except as provided for in Section 400.850(B)(1)(g) and in Section 400.850(B)(3).

12. Signs which contain characters, cartoons, or contain statements, words or pictures of an obscene, indecent, prurient, or immoral character.

13. Projecting signs.

14. Roof signs.

[1] Cross Reference — Posting of advertisements in certain places prohibited, §220.420.

Section 400.815 Non-Conforming Signs.

[CC 1976 App. A §14.06; Ord. No. 2449 §1, 11-14-1988]

A. Any sign legally existing prior to enactment of this Article but which shall violate any provision of this Article, may continue to be maintained and used after passage of this Article subject to the following provisions:

1. Enlargement. No non-conforming sign 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 the Article.

2. Relocation. No non-conforming sign 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 Article, 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. See Section 400.825(E).

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 Article. See Section 400.805(C).

B. Determination Of Sign Status.

1. A sign shall be considered a new sign, subject to the requirements of this Article, if:

a. Any existing sign is enlarged, replaced or reconstructed by fifty percent (50%) or more.

b. Any existing sign repainted or whose sign panels are replaced for the purpose of changing the business or tenant identified.

2. A sign shall not be considered a new sign in the following instances:

a. The repainting of an existing sign for ordinary maintenance.

b. The repair or restoration of an existing sign to a safe condition after being damaged by storm or other accidental act in accordance with the original sign permit, and subject to the requirements of Subsection (A)(4) hereof, destruction.

c. The periodic changing of advertising copy on standard outdoor advertising structures as regulated by Section 400.850(C).

3. In any instance, in cases of doubt or on a specific question raised, whether a new or non-conforming sign exists shall be determined on appeal to the Board of Adjustment.

Section 400.820 Appeals.

[CC 1976 App. A §14.07; Ord. No. 2449 §1, 11-14-1988]

A. Any aggrieved person, firm, corporation, or any governmental officer, department, board or bureau may appeal a decision of the Director of Public Works before the Board of Adjustment as established and in conformance with the requirements of Article XVI of the Overland Zoning Code, subject to the further requirements of this Section.

B. Grounds For Granting A Variance. The Board of Adjustment may grant variances from this Article for any permitted form of signage where it is found that because of the limitations on character, size, or dimensions of a sign, or the regulations controlling the erection or installation of a sign, the applicant would be subject to undue hardship. Undue hardship is not considered the loss of possible advantage, economic loss or gain, or mere inconvenience to the applicant.

C. Appeals from decisions of the Board of Adjustment shall be to the Circuit Court in conformance with the requirements of Article XVI of the Overland Zoning Code.

Section 400.825 General Sign Requirements.

[CC 1976 App. A §14.08; Ord. No. 2449 §1, 11-14-1988]

A. Permit Number Displayed. Any sign hereafter erected following passage of this Article shall display the sign permit number upon the face of the sign in the lower right-hand corner in no less than one (1) inch letters and numerals. In the case of pole mounted signs, the number shall be incorporated into the base of the sign structure.

B. Structural Requirements. All signs shall comply with the pertinent requirements of the Overland Building Code.

C. Safety. Any existing sign which is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition, or which obstructs any fire escape, window, or door, is subject to immediate removal by the Director of Public Works without notice and at the expense of the property and/or sign owner.

D. Maintenance. Each sign shall be maintained in a safe, presentable and good condition. All existing signs shall be painted except where the sign is of a non-corroding material, galvanized, or otherwise treated to prevent rust. Broken panels, missing letters, flaking or peeling paint and other visual damage to a sign shall be repaired within forty-five (45) days of occurrence or within ten (10) days of written notification by the Director of Public Works.

E. Abandoned Signs. Any sign or sign structure which advertises a business no longer conducted or service no longer rendered, or a product no longer sold on the premises or lot shall be classified an abandoned sign and shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is located within ten (10) days following written notice by the Director of Public Works concerning its removal.

F. Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

G. State Right-Of-Way Requirements. All signs erected within the jurisdiction of State right-of-way requirements shall meet both State and City requirements.

Section 400.830 Severability.

[CC 1976 App. A §14.09; Ord. No. 2449 §1, 11-14-1988]

If any Section, Subsection, sentence, clause, phrase, or portion of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Article.

Section 400.835 Residential Signage.

[CC 1976 App. A §14.10; Ord. No. 2449 §1, 11-14-1988]

A. One- and Two-Family Residential Uses.

1. Allowable signs.

a. Subdivision identification signs. Two (2) permanent subdivision identification signs not exceeding thirty-two (32) square feet in size per face shall be allowed per development. Where the development has access on two (2) or more streets, or has more than one (1) entrance on one (1) street, identification shall be allowed at each entrance.

b. Church, public or semi-public buildings, or public park identification sign. Not more than one (1) sign per street frontage not exceeding thirty-two (32) square feet in size per face.

c. Construction sign. Not more than one (1) sign per street frontage not exceeding thirty-two (32) square feet in size per face. See Subsection C(1) of this Section.

d. Residential project construction sign.

(1) Promotional sign. One (1) sign not exceeding one hundred twenty (120) square feet per face.

(2) Directional signs. Any number of signs not exceeding sixteen (16) square feet per face. Such signs may include directions to the development and pertinent information concerning the developer, but shall not include promotional information.

e. Directional signs. Two (2) signs per entry/exit not exceeding six (6) square feet in side per face.

f. Memorial or tablet sign. One (1) sign not exceeding six (6) square feet in size per face unless such signs are installed by the Federal, State, County or City Government or agencies thereof.

g. Property real estate signs. One (1) sign per lot frontage not exceeding six (6) square feet in size per face.

h. Special displays and other temporary signs. See Section 400.850(B).

i. No trespassing, privacy signs. Signs not exceeding two (2) square feet in size per side nor a height of four (4) feet from the ground which prohibit trespassing, or indicate privacy of premises, driveways, or streets.

j. Home occupation wall signs. Non-illuminated home occupation wall sign not exceeding two (2) square feet, wall-mounted on the dwelling.

k. Official government flags. Such flags shall be appropriately maintained. Flags which are frayed, bleached by weather, ripped, stained or otherwise degraded shall be immediately removed and replaced upon notification from the Director of Public Works. Such flags shall be appropriately lighted if flown at night and shall abide in all respects to applicable State and Federal law.

2. Location and height.

a. No sign placed upon the ground shall be located closer than ten (10) feet to any property line and shall meet the sight triangle requirements of Section 400.290(F).

b. No sign attached to the wall of a building or other structure shall extend above the roof line of that building or structure.

c. For the signs included in Subsection (A)(1) of this Section, items (a) through (c) and item (g), no sign shall exceed eight (8) feet in height from the surrounding grade to the highest point of the sign.

d. Residential project construction sign.

(1) Promotion sign. One (1) sign per major entrance to the subdivision or project site.

(2) Direction sign. Any number of signs located off the premises of the subdivision or project site. Such signs shall not be erected in such a manner as to block the view of any pre-existing sign from the normal traffic level.

e. Direction signs. No sign shall exceed three and one-half (3½) feet above the elevation of the adjacent driveway at the point which it meets the street right-of-way.

f. Memorial or tablet signs. No sign shall exceed six (6) feet in height from the surrounding grade to the highest point on the sign.

g. Property real estate signs. No sign shall exceed six (6) feet in height from the surrounding grade to the highest point on the sign.

3. Other requirements.

a. Construction signs. Signs identifying mechanics, painters, architects, engineers, and similar artisans and workmen which are attached to or on trailers on the site of construction shall be permitted provided that upon completion of the project the trailer must be removed within one (1) week. These trailers shall not be located closer than ten (10) feet to the property line if such signs are visible from the street.

All such signs shall be removed within either two (2) years from the date of issuance of the sign permit, or when the project has received an approved final inspection.

b. Residential construction project sign.

(1) On-site sign. Such sign shall be removed either at such time as the permanent subdivision entrance sign is erected, or when eighty percent (80%) of the lots and/or dwelling units have been sold, whichever circumstance occurs first.

(2) Off-site signs. Such signs shall be removed either within two (2) years from the date of issuance of the sign permit, or when eighty percent (80%) of the lots and/or dwellings units have been sold, whichever circumstance occurs first.

c. Property real estate signs. Shall be removed within ten (10) days following the date of closing or lease initiation.

d. Directional signs. May contain the street address and/or name of the business center or the name of the use of the building, trademark, logo, or similar matter, provided that not more than fifty percent (50%) of the sign area is used for this purpose.

B. Multi-Family Residential Uses.

1. Allowable signs.

a. All signs permitted in Subsection (A)(1) hereof.

b. Project identification sign. One (1) sign not exceeding thirty-two (32) square feet in size per face shall be allowed per project except where the project fronts on two (2) or more streets, one (1) sign shall be permitted per frontage provided that the project has a major traffic entrance on the street where the sign is to be erected.

2. Location and height.

a. All heights and sign locations shall be governed by the requirements of Subsection (A)(2) hereof, except as otherwise permitted by this Section.

b. Project identification sign. No sign shall be more than six (6) feet in height from the surrounding grade to the highest point on the sign.

C. Other Requirements.

1. Construction signs. As permitted by Subsection (A)(3)(a).

2. Residential construction project sign. As permitted by Subsection (A)(3)(b).

Section 400.840 Commercial Signage.

[CC 1976 App. A §14.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2542 §2, 12-11-1989]

A. Allowable Signs.

1. Generally. All signs permitted in Section 400.835(A)(1).

2. Attached signs. One (1) attached sign not exceeding ten percent (10%) of the total square footage of the building face upon which it is placed. In the instance of corner lots, an additional attached sign will be permitted on each street frontage of the building not exceeding ten percent (10%) of the total square footage of the respective building face upon which it is placed. For buildings with multiple tenants, see Subsection (C), "Other Requirements".

3. Ground-mounted signs. One (1) ground-mounted sign per lot, not exceeding forty (40) square feet per face, may be substituted for the allowable pole sign.

4. Pole sign. One (1) pole sign per lot not exceeding fifty (50) square feet per face.

5. Occupational/identification sign. One (1) attached, non-illuminated sign not exceeding two (2) square feet in size displaying the name, occupation and/or service located upon the premises, and the address.

6. Temporary or permanent window signs. Shall not cover more than twenty percent (20%) of the total window area or door to which they are applied. See Section 400.795(B)(10).

7. Directories. For buildings with multiple occupancies, a directory sign may be substituted in lieu of the allowable pole sign subject to review and approval by the Planning and Zoning Commission as to height and overall square footage.

B. Location And Height.

1. Signs permitted by Subsection (A)(1). All signs permitted by Subsection (A)(1) of this Section shall be governed as to height and location by the requirements of Section 400.835(A)(2).

2. Attached signs. Shall be face-mounted on the building wall, projecting not more than twelve (12) inches from the face of the building. Such signs shall not project above the parapet wall, mansard, or other roof line, shall maintain a clearance of ten (10) feet above the ground or pavement, and shall be recessed where involving a pitched roof location.

3. Ground-mounted sign. Such signs shall not exceed six (6) feet in height from the surrounding grade to the highest point on the sign and shall be located no closer than ten (10) feet from the front property line or any street frontage. Such signs shall meet the sight triangle requirements of Section 400.290(F) and shall not be located so as to obstruct vision at a vehicular entry or exit from the property.

4. Pole signs. Such signs shall not exceed thirty-two (32) feet in height and shall conform to the same locational requirements of Subsection (B)(3) of this Section. The bottom of the sign shall be at least ten (10) feet above the surrounding grade.

5. Occupational/identification signs. Such signs shall be flush against the building wall to which they are attached and located adjacent to the principal entrance of the structure or business to which they pertain.

6. Window signs. Such signs may be attached to either the interior or exterior of a window or glass door and shall be maintained in good repair.

7. Directories. As approved by the Planning and Zoning Commission.

C. Other Requirements.

1. Construction and residential construction project sign as permitted by Section 400.835(C)(1).

2. Each parcel shall be allowed a maximum of two (2) signs, which may be either an attached sign, a ground-mounted sign, or a pole sign, but the total number shall not include more than one (1) sign of each of these types. Signs listed in Section 400.835(A)(1), as well as window signs and occupational/directional signs as regulated by this Section are excluded from this maximum of two (2) signs.

3. Buildings with multiple occupancy. For buildings and/or property containing more than one (1) business or tenant, each business or tenant may have an attached sign conforming to the requirements of this Section. For the purposes of determining the total square footage of the attached sign, only the face of each respective lease unit to which the respective sign will be attached shall be counted. Each sign must be attached to the lease unit containing the business or tenant identified. Buildings or properties of multiple occupancy are permitted one (1) directory sign, subject to approval of the Planning and Zoning Commission. In no instance shall this Article be interpreted as permitting one (1) pole or ground-mounted sign for each business or tenant in such multiple-occupancy situations.

4. Each building or property may have one (1) additional attached sign conforming to the requirements of this Section on walls containing a main entrance which face customer parking areas and are not visible from either a public or private street. For this exception to apply, the signs must be attached to the same wall as their respective entrances and both the signs and the entrances must be upon the same plane of the building.

Section 400.845 Industrial Signage.

[CC 1976 App. A §14.12; Ord. No. 2449 §1, 11-14-1988]

A. Allowable Signs. All signs permitted by Section 400.840(A)(1).

B. Location And Height.

1. As regulated by Section 400.840(B).

2. Exception. Industrial uses having more than one (1) permanent building may provide additional attached or freestanding signs of a directional nature subject to approval by the Planning and Zoning Commission as to height, location and size. (This exception shall not apply to commercial uses permitted within Industrial Zoning Districts.)

C. Other Requirements. As regulated by Section 400.840(C).

Section 400.850 Special Use Signage.

[CC 1976 App. A §14.13; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-10 §1, 2-24-2003; Ord. No. 2011-23 §§3, 6 — 11, 9-12-2011]

A. Automobile And Truck Service Stations — Convenience Stores With Gasoline Pumps.

1. Allowable signs.

a. Brand identification signs.

(1) One (1) pole-mounted sign not exceeding thirty-two (32) square feet per face.

(2) One (1) ground-mounted sign, in lieu of a pole-mounted sign, not exceeding forty (40) square feet in size per face.

(3) One (1) attached sign not exceeding ten percent (10%) of the total square footage of the building face upon which it is placed. In the instance of corner lots, an additional attached sign will be permitted on each street frontage of building not exceeding ten percent (10%) of the total square footage of the respective building face upon which it is placed.

(4) One (1) attached company logo not exceeding thirty-two (32) square feet per street frontage.

b. Price signs.

(1) One (1) price sign per pump island not exceeding ten (10) square feet per face per sign.

(2) One (1) price sign as a component of the permitted pole sign not exceeding ten (10) square feet per face in lieu of the price signs per pump island.

(3) In those instances where digital price signs are utilized, such sign shall be constant in nature, and shall not travel, flush, inverse, write-on, up or down scroll, roll, grow, melt, X-ray, twinkle, snow, or otherwise change its nature.

c. Self-service and/or full service signs. Two (2) self-service or full service signs per pump island not exceeding ten (10) square feet per face per sign.

d. Signs required by law. Federal and State stamps, octane ratings, pump use directions, no smoking signs, as required by Federal, State and local authorities.

e. Temporary signs. See Subsection (B) of this Section.

2. Location and height.

a. Brand identification signs.

(1) Pole signs. As regulated by Section 400.840(B).

(2) Ground-mounted signs. As regulated by Section 400.840(B).

(3) Attached signs. A regulated by Section 400.840(B).

b. Company logos. As regulated by Section 400.840(B)(2).

c. Price signs and self-service and/or full service signs. Shall be located at the ends of pump islands and may be affixed to the canopy, canopy supports, poles, or end pumps.

d. Federal and State stamps, etc. Shall be placed upon the body of the gasoline pump, or as required by the respective governmental authority.

3. Other requirements.

a. Canopy use. An attached or detached canopy may be used in lieu of the permitted pole sign for the location of brand identification signs, or as an alternative location for price signs, or company logos.

b. Portable signs. The use of portable signs for the advertisement of cigarettes, food, or other sundry items is specifically prohibited.

B. Special Displays And Other Temporary Signs.

1. The following temporary signs may be approved by the Director of Public Works for up to a thirty (30) day time period. Such signs may be extended beyond the thirty (30) day time period, but only upon review and approval by the Planning and Zoning Commission.

a. Banners attached to buildings, pennants, streamers, pinwheels, and the like.

b. Signs announcing openings.

c. Seasonal or special occasion signs such as special events and special business hours.

d. Yard signs, such as "Siding by.".

e. Real estate directional signs such as "Open House", not exceeding three (3) square feet in size per face.

f. All other temporary signs not specifically referenced in this Article.

g. Portable signs, signs not permanently affixed to the ground.

h. Street banners erected by a public agency, non-profit, charitable, or religious organization.

2. Temporary yard signs of any kind shall not exceed six (6) square feet in area per face, unless otherwise specifically provided in this Article.

3. Sandwich boards, not to exceed eight (8) square feet in area per face, may be used by commercial properties in the "C-1", "C-2", "PD-C" and "PD-MxD" districts subject to the following conditions:

a. The owner or occupant of the commercial property must obtain a permit for the sandwich board from the Director of Public Works. The permit will be effective for one (1) year or until renewal of the business license for the owner or occupant, whichever occurs first. A permit for a sandwich board sign must be renewed annually at the time of the business license renewal for the owner or occupant. The annual permit fee shall be ten dollars ($10.00). Any sandwich board displayed without a permit is a prohibited sign.

b. Only one (1) sandwich board may be used at any one time for a commercial property. The sandwich board may be used only during the hours the commercial property is open for business and shall be removed at any time the commercial property is closed.

c. At no time shall a sandwich board block any public walkway, street or driveway. A clear passage of five (5) feet shall be maintained between any sandwich sign and the curb of the street.

d. The sandwich board shall not be illuminated.

e. No balloons or streamers or any similar matter shall be attached to the sandwich board.

f. The sandwich sign shall have a professional finish and no part of the sandwich board shall display raw plywood.

g. The sandwich board shall advertise only an activity, business, product or service sold or conducted on the premises where the sandwich board is located.

C. Standard Outdoor Advertising Structure (Billboards).

1. Where permitted. Advertising signs complying with all the requirements of this Article shall be permitted upon all property within the City of Overland having frontage on Interstate 170, with the exception of those properties within any Residential or Planned Residential Zoning District. Within areas zoned Planned Development District, or property in any district upon which a conditional use permit has been issued, such advertising signs shall only be permitted if specifically authorized upon the final development plan or permit approval.

2. Permit required. It is hereby declared that outdoor advertising structures present unique problems with respect to their location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each outdoor advertising structure is necessary to assure and promote the public health, safety and general welfare. No outdoor advertising structure shall be erected without first securing a permit from the City of Overland in accordance with the requirements of this Section.

3. Procedures. The granting of an outdoor advertising permit may be initiated by a verified application of one (1) or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives. Procedures for application, review, and approval of such a permit shall be as follows:

a. Application. Application for an outdoor advertising permit for a specific tract of land shall be addressed to the Planning and Zoning Commission and filed in its public office. The application shall be filed on forms prescribed for that purpose by the Planning and Zoning Commission and be accompanied by the following:

(1) Filing fee per requirements of the City.

(2) Legal description of the property.

(3) Outboundary plat of the property.

(4) The following types of descriptive plans:

(a) A set of plans, to scale, approved and sealed by a licensed engineer in the State of Missouri, providing all necessary construction and electrical details of the sign and sign structure, including height.

(b) A site plan, to scale, containing:

(i) The proposed location of the sign upon the property.

(ii) The distance from the proposed sign location to any buildings upon the property, and adjoining street right-of-way lines, and driveway entrances.

(iii) The distance from the proposed sign location to the next nearest billboard sign on either side of the street in either direction.

(iv) The distance from the proposed sign location to the nearest street intersection in either direction.

(c) A representation of the proposed sign, to scale, including the width and length of the sign faces, and height from surrounding grade.

(5) Any other information deemed necessary by the Commission.

Note: All plans, architectural drawings, renderings or other materials or visual aids either submitted to the Planning and Zoning Commission or presented at their meeting shall become the property of the City and part of the permanent record of any decision.

b. Review procedures. The application shall be submitted to the Director of Public Works who shall institute an administrative review of the application by all affected City departments. The results of this review shall be compiled by the Director of Public Works and shall be reported by him/her to the Planning and Zoning Commission for its consideration. Upon receiving the application, and associated documents from the Director of Public Works, the Planning and Zoning Commission shall complete its review of the application and shall render a decision either denying, approving, or approving with conditions. The application, along with the Planning and Zoning Commission's action and reasoning, shall be forwarded to the City Council as an informational item where it shall be its option to either require a further review and approval of the application at the Council level, or concur with the Commission by taking no further action.

c. Public hearings. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Article XII, amendment procedure, except that the public notice shall indicate that the public hearing is for an outdoor advertising permit. The public hearing shall be held within forty-five (45) days of verification by the Director of Public Works that the petition meets the minimum application requirements.

d. Permit effective, when. Unless the City Council exercises its power of review, or a duly filed protest is received by the City Clerk, an outdoor advertising permit, or an amendment thereto, shall become effective following the regularly scheduled meeting of the City Council at which the report of the Planning and Zoning Commission concerning the proposed permit is received. In the event that a permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.

e. Effect of denial. Upon denial by the Planning and Zoning Commission of an application for an outdoor advertising permit, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial and if the City Council does not exercise its power of review, no subsequent application for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of twelve (12) months after the denial; although the applicant is restrained from reapplying for a twelve (12) month period.

f. Appeal, protest or Council review of Planning and Zoning Commission decision.

(1) Appeal by petitioner from decision. Upon a decision being reached by the Planning and Zoning Commission concerning an application for an outdoor advertising permit, the applicant may file an appeal with the City Council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days following the Planning and Zoning Commission's decision, be in writing, filed with the City Clerk in duplicate, and accompanied by a fee as set by the City ordinance. The appeal shall specifically state how the application as initially filed, or subsequently modified, meets the applicable criteria set forth in this Section.

(2) Protest by nearby property owners to decision. In case a protest against such a permit is presented, duly signed, notarized, and acknowledged by the owners of more than ten percent (10%) of the land within an area determined by lines drawing parallel to and one hundred eighty-five (185) feet distance from the boundaries of the property upon which the outdoor advertising structure will be located, such permit shall not become effective except by the favorable vote of three-fourths (¾) of all of the members of the City Council. A notice of protest must be filed within the ten (10) days following the Planning and Zoning Commission's decision, be in writing, filed in duplicate with the City Clerk, and accompanied by the signatures and addresses of the property owners involved. The notice of protest shall include a notarized verification from the person(s) collecting the protestant's signatures that all signatures are correct and real. The protest shall specifically state how the application, as initially filed, or subsequently modified fails to meet the criteria set forth in this Section.

(3) City Council review of decision. The City Council may exercise the power of review of any Planning and Zoning Commission decision on an application for an outdoor advertising permit, or an amendment thereto, upon motion adopted by a majority vote at the regularly scheduled meeting of the City Council at which the report of the Planning and Zoning Commission on the application is received.

g. Public hearing by the City Council. Before acting on any appeal or protest, the City Council shall set the matter for hearing. The City Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning and Zoning Commission or to the protestants in the case of a protest. The applicant and the protestants in the case of a protest shall be heard at the hearing.

In addition, any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.

h. City Council decision. Following the hearing by the City Council on an appealed or protested application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of three-fourths (¾) of the members of the City Council shall be required to reverse or modify any determination of the Planning and Zoning Commission.

4. Design criteria.

a. Area and height.

(1) The maximum area for any one (1) sign face shall be determined at the discretion of the Planning and Zoning Commission on the basis of the specific facts shown and situation present. Each application for an outdoor advertising permit shall be reviewed on the basis of its individual merits.

(2) The maximum height shall not exceed fifty (50) feet from the highest point on the sign to surrounding grade or street level, whichever is higher.

b. Extensions. Extensions may be considered if in conformance with the following requirements:

(1) Top extension. Five and one-half (5½) feet.

(2) Side extension. Two (2) feet on each side.

(3) Bottom extension. One (1) foot.

c. Embellishments. Embellishments to outdoor advertising structures may be considered, provided they in no case extend more than one (1) foot beyond the relevant sign face.

d. Location.

(1) No such sign shall be erected within one thousand (1,000) lineal feet of an existing sign on the same side of the intersection.

(2) No such sign shall be located within five hundred (500) lineal feet of a residence, regardless of Zoning District.

(3) No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging or intersecting traffic.

(4) No such sign shall be placed closer than five hundred (500) feet to an intersection on a State highway or proposed State highway and measured from the nearest edge of the right-of-way. No such sign shall be so located to obstruct the vision of traffic using entrance ways, driveways, or any public road intersection.

(5) The minimum front yard setback for such signs shall be a minimum of fifty (50) feet from any public right-of-way and/or private roadway easement.

(6) No sign shall be located on any public or private utility easement, road, drainage easement or railroad right-of-way.

(7) All lineal distances required by this Section shall be measured from the nearest outside edge of the subject sign, whether a support, structural member, or the sign surface itself to the nearest outside edge of the corresponding sign, building, right-of-way or easement involved.

e. Construction specifications.

(1) Henceforth, any such sign erected under this Article shall be a single pedestal type, constructed of non-flammable material, excluding wood. Construction of the sign and material specifications shall comply with Section 903 of the Missouri Standard Specifications for Highway Construction, as applicable, and must meet the structural requirements of the City's Building Code.

(2) Such signs may be placed back-to-back or in a "V" type construction.

(3) Up to three (3) side-by-side displays will be permitted on each sign face; however, no more than two (2) sign faces will be permitted per sign structure.

(4) No vertical stacking of sign faces or individual displays will be permitted.

f. Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares, nor shall the light sources be oriented such that either direct or reflected light creates a nuisance to adjoining properties.

5. Standards for trivision billboards. Trivision billboards shall comply with all location, design, illumination and construction provisions of this Code for standard outdoor advertising structure and signs, and shall also comply with the following standards:

a. The static display time for each message is a minimum of eight (8) seconds.

b. The time to completely change from one message to the next is a maximum of two (2) seconds.

c. The change of message must occur simultaneously for the entire sign face.

d. The sign shall be designed such that the sign will freeze in one (1) position if a malfunction occurs.

6. Standards for electronic billboards.

a. Location design. Electronic billboards shall be subject to all location and design provisions of this Code.

b. Duration of message. The electronic billboard image or any portion thereof shall have a minimum duration of at least ten (10) seconds and shall be a static display. No portion of the image may flash, scroll, twirl, change color, or in any manner imitate movement.

c. Transition of message. Where the electronic billboard image or any portion thereof changes, the change sequence shall only be accomplished by means of instantaneous re-pixelization.

d. Video display prohibited. No portion of any electronic billboard may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes.

e. Brightness and illumination.

(1) Brightness. The electronic billboard sign shall not exceed a maximum of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between sundown and sunrise measured from the sign's face at maximum brightness.

(2) Fluctuating or flashing illumination. No portion of any electronic billboard may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or that in any manner creates the illusion of movement.

(3) Dimmer control. Electronic billboards shall be equipped with an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between sundown and sunrise.

f. Audio. Audio speakers are prohibited in association with an electronic billboard.

g. Text size requirements. Every line of copy and graphics displayed on an electronic billboard shall be at least twelve (12) inches in height on a road with a speed limit of forty-five (45) miles per hour or greater and fifty-four (54) miles per hour or less, and at least fifteen (15) inches in height on a road with a speed limit of fifty-five (55) miles per hour or greater.

h. Malfunction and non-compliance. Electronic billboards shall be designed and equipped to freeze the device in one (1) position if a malfunction occurs. The electronic billboards shall be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner shall immediately stop the dynamic display when notified by the City that it is not complying with standards of this Code.

i. Provision of community and public service messaging. The owner of an electronic billboard may enter into an agreement with the City to provide the City no less than five (5) hours (1,800 ten-second spots) per month per electronic billboard in the City for community and public service messages at such times as shall be determined by the City.

j. Billboard replacement. The owner of a billboard existing on the effective date of this Section may, by application for and approval of a conditional use permit, relocate the billboard structure for the purpose of installing an electronic billboard; provided all of the following conditions are satisfied:

(1) All existing billboards and freestanding on-premise electronic message signs and their supporting structures shall be permanently removed from the property upon which the electronic billboard is to be located prior to the issuance of a building permit for the electronic billboard.

(2) No freestanding on-premise electronic message signs or billboards shall be located on the property upon which an electronic billboard is located.

(3) The electronic billboard shall be located on the same property, within the property boundaries existing upon the effective date of this Subsection (C)(6) and within two hundred fifty (250) feet of the existing billboard being replaced.

(4) The electronic billboard shall comply with all location and design provisions of this Code.

(5) The maximum number of sign faces or surfaces permitted on the electronic billboard shall not exceed two (2).

7. Prohibited signage.

a. Roof-mounted signs or signs affixed directly to the side of any building.

b. Any changeable message sign of any kind except as expressly provided for in Section 400.850(C)(5) and Section 400.850(C)(6).

c. Fluttering signs, pinwheels, pennants, streamers and banners.

d. Moving signs or swinging signs.

e. Signs which contain characters, cartoons or statements, words, or pictures of an obscene, indecent, prurient or immoral character.

f. Signs which contain or are an imitation of an official traffic sign or signal, or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device, or which may hide from view any traffic or street sign or signal.

g. Any sign constructed or located in such a manner such that it becomes an immediate hazard or danger to persons or property because of being in an unsafe condition, or which obstructs any window, door, or fire escape of an adjacent building. Such signs will be subject to immediate removal by the Director of Public Works or his/her designee, without notice, at the expense of the property owners.

8. Maintenance. All signs and sign 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 occurrence or within thirty (30) days notification by the Building Commissioner or his/her designee.

9. All outdoor advertising structures and signs to comply with Federal and State law. All outdoor advertising structures and signs, including billboards, trivision billboards, projection or other changeable message billboards, shall comply with Federal law and regulations and Missouri State law and regulations. In the event of any conflict between this Chapter and Federal law and regulations or Missouri State law and regulations, the most restrictive shall apply unless otherwise required by law.

D. On-Premise Commercial Electronic Message Signs. An "on-premise electronic message sign" is a sign or portion thereof with characters, letters, or illustrations that can be electronically changed or rearranged without altering the face or the surface of the sign and directs attention to a business, product, commodity, service, entertainment or attraction sold, offered or existing upon the same lot where such sign is displayed. Requirements are as follows:

1. Such signs shall be subject to the requirements for building-mounted or freestanding signs;

2. A conditional use permit shall be required for such signs to determine the appropriateness of the proposed location of such sign and to set standards for the operational characteristics such as, but not limited to, the time frames between messages, and the safety impacts on the general public of such a display. Such signs which display only the time and temperature and are eight (8) or less square feet in area, and displays of gasoline and diesel fuel prices are not subject to conditional use permit approval. Such time/temperature signs and fuel price signs shall be constant and steady in nature, and shall not grow, melt, X-ray, up or down scroll, write on, traverse, inverse, roll, twinkle snow, present pictorials or other animation, or move or create the illusion of movement.

3. The behavior and display of any on-premise electronic message sign existing on the date of the effective date of this Section that may be electronically programmed by any means, and of any on-premise electronic message sign installed or erected after the effective date of this Section, shall be subject to the following restrictions.

a. The electronic message sign image or any portion thereof shall have a minimum duration of at least ten (10) seconds and shall be a static display. No portion of the image may flash, scroll, twirl, change color, or in any manner imitate movement.

b. No portion of the on-premise electronic message sign may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes.

c. No portion of any electronic message sign may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or that in any manner creates the illusion of movement.

d. No audio speaker may be used in association with an on-premise electronic message sign.

e. Any conditional use permit issued for an on-premise electronic message sign shall at a minimum contain the restrictions set forth in Subdivisions (a) to (d) of this Subsection (D)(3).