[Ord. No. 1069 §2(473.005), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
A.
The purpose of the sign standards set forth herein is to regulate the design, construction, location and maintenance of all signs, both for appearance and safety, and to provide for the removal of unsafe, unsightly and unlawful signs within the City limits of Pevely. Generally, the intent is to protect property values as well as the character of the various zoning districts in the City, to protect health, safety and morals and to promote the public welfare. Moreover, the signage requirements set forth herein are established to:
1.
Contribute to the development of a desirable community character consistent with the City's Comprehensive Plan.
2.
Preserve and improve the appearance of the City as a place to live, work and visit.
3.
Provide for fair and equitable treatment of sign users.
4.
Eliminate confusing, distracting or dangerous sign displays which interfere with vehicular traffic.
5.
Promote commerce.
6.
Promote efficient administration of the sign ordinance through a complete and understandable sign ordinance.
7.
Provide for eventual elimination of pre-existing non-conforming signs on a fair and equitable basis.
[Ord. No. 1069 §2(473.010), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
Except as otherwise provided in this Article, no permanent sign shall hereafter be erected, constructed or altered except as provided by this Article and until a permit for same has been issued by the Building Official/Code Enforcement Officer.
[Ord. No. 1259 §2, 5-2-2011]
See Section 405.050 for definitions.
[Ord. No. 1259 §2, 5-2-2011]
Sign types and the computation of sign area shall be as depicted in Figures 1 through 2.
| Figure 1 — General Sign Types |
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| Figure 2 — Height and Area Computation Methodology |
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[Ord. No. 1069 §2(473.020), 2-7-2005; Ord. No. 1248 §1, 2-7-2011; Ord. No. 1259 §2, 5-2-2011]
A.
In addition to other provisions of this Article, all permanent signs and billboards shall meet the applicable provisions of the International Building Code. All billboards within the City shall meet all applicable regulations of the Revised Statutes of the State of Missouri and those stated herein.
B.
The following signs and advertising devices are prohibited:
1.
Signs that move or give the appearance of movement. This shall also apply to the interior of a building where flashing lights or other mechanical or electronic contrivances are used in conjunction with window signs or other advertisements which can be seen from the outside of the building. Electronic message centers may be allowed by special use permit provided such sign conforms to the criteria established in Section 405.430 below.
2.
Signs erected on or over any public right-of-way or easement, unless authorized by the Board of Aldermen as a promotional device for the City, and as provided for in Section 405.440 below.
3.
Any sign erected so as to prevent free ingress to or egress from any door, window or other exit way required by the International Building Code.
4.
Any sign erected in any location where by reason of its location it will obstruct the view of any authorized traffic control device. In addition, no sign may imitate any official traffic sign.
5.
Any sign 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 travel upon a public right-of-way.
6.
Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or similar surface located on public property/right-of-way/easement.
7.
Signs containing any indecent, obscene or immoral matter, as determined by the Board of Aldermen upon review and recommendation from the Planning and Zoning Commission.
8.
Signs illuminated to an intensity to cause glare or brightness to a degree that constitutes a hazard or nuisance.
9.
Signs that advertise an activity, business or service that is abandoned or no longer in use or which advertises a product that is no longer produced. Such signs shall be removed as provided for in Section 405.460, Unsafe, Obsolete and Non-Conforming Signs. In cases where the owner or lessor of a premise is seeking a new tenant, such signs may remain in place for not more than ninety (90) days from the date of vacancy.
10.
Roof signs.
11.
Paper/cardboard signs/posters glued, tied or otherwise mounted to buildings, detached sign structures or their own support structure.
C.
Billboards and signs shall be visually appealing, constructed of durable material, maintained in good condition and no sign shall be allowed to deteriorate to a dilapidated, faded, peeled or blistered condition. Billboards and signs improperly maintained, dilapidated and in poor repair shall be removed upon proper notice and order by the City of Pevely.
D.
When any sign is illuminated, the light or lights shall be shaded or concealed so they will not interfere with the vision of motor vehicle operators or shine directly on residential property in any residential district. Illuminated signs shall be non-flashing and shall not simulate movement.
E.
For the purpose of this Article, multiple, joint or combination signs on common supports shall in the aggregate be considered as one (1) sign.
F.
The following signs and advertising devices are exempt from the provisions of this Article and do not require a permit:
1.
Any sign erected and maintained pursuant to and in the discharge of governmental function required by law, ordinance or other governmental regulation;
2.
One (1) sign not exceeding one (1) square foot in area displaying the street number and/or name of the occupant of the premises. Such sign may include identification of any accessory use permitted in the zoning district in which the premise is located;
3.
Signs being manufactured, transported and/or stored, provided that such signs are not used to advertise in any manner at the place of manufacture or storage;
4.
One (1) commemorative plaque of an historical nature not exceeding four (4) square feet in area;
5.
Temporary decorations or displays that celebrate the occasion of traditionally accepted patriotic, religious or local holidays, school events or accomplishments or such other institutional events, subject to the provisions of Section 405.440;
6.
Signs located within malls, courts, arcades, porches, patios or similar areas where such signs are not visible from any point on the boundary of the premises;
7.
Signs that advertise a premise for sale, rent or lease, provided such signs do not exceed thirty-two (32) square feet per face in commercial, industrial or agricultural districts or six (6) square feet per face in residential districts as established in Section 405.440 of this Article;
8.
Public service signs limited to the depiction of time, temperature or news, provided such signs conform to the provisions of the zoning district in which they are located;
9.
Signs on licensed commercial vehicles including over-the-road trailers, provided such vehicles are not utilized as parked or stationary outdoor display signs;
10.
Temporary signs advertising yard and garage sales or personal and real property auctions, provided signs are not in place beyond a forty-eight (48) hour/two (2) day limit. Such signs shall be removed on the day the sale or auction ends and no sign shall be placed in a public right-of-way, on utility poles, on signs identified in item (1) of this Subsection or constitute a traffic hazard as determined by the Traffic Control Division of the Pevely Police Department;
[Ord. No. 1069 §2(473.030), 2-7-2005; Ord. No. 1204 §1, 10-19-2009; Ord. No. 1259 §2, 5-2-2011]
A.
General. The following signs are permitted as accessory structures, subject to all applicable standards:
1.
A combination of one (1) attached and one (1) detached sign may be permitted on interior lots in commercial and industrial zones and a combination of three (3) signs, at least one (1) being attached, may be placed on corner lots within said districts. No detached sign may infringe into public right-of-way or easement. No detached sign shall exceed thirty (30) feet in height from finished grade.
2.
Attached signs shall be attached or painted on a vertical surface of the main building and such sign shall not project more than twelve (12) inches from the building unless attached to a marquee or sidewalk canopy. An attached sign shall not project above the principal roof or side of a building. In the case of a building with a parapet wall or mansard roof, no sign shall extend higher than the parapet wall or mansard to which it is attached or twenty-five (25) feet above grade, whichever is less. Attached signage shall not extend horizontally a distance greater than forty percent (40%) of wall area on the building wall on which it is displayed.
3.
The minimum setback for detached signs shall be ten (10) feet from the right-of-way line of collector or arterial streets/highways measured from the edge of the sign nearest the property line. Signs located between said minimum setback and twenty-five (25) feet of the right-of-way shall be positioned a minimum of eight (8) feet but no more than twelve (12) feet above the average street grade. Detached signs shall not be located within fifty (50) feet of a residential district; and signs shall be located such that there is at every street intersection a clear view between heights of three (3) feet and eight (8) feet in a triangle formed by the corner point/intersection of the property lines/right-of-way lines and points on the property lines/right-of-way lines a distance of thirty (30) feet from said corner point. Detached signs shall be located a minimum of one hundred (100) feet apart unless otherwise permitted by the Building Official.
4.
The sign area of detached/freestanding signs shall not exceed one hundred (100) square feet of total area. Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is sixty degrees (60°) or less, only one (1) display face shall be measured in computing sign area. If the two (2) faces are of unequal area, the area of the sign shall be the larger face. In all other cases, the area of all faces of a multi-faced sign shall be added together to compute the area of the sign.
B.
Electronic message centers may be allowed by special use permit issued in accordance with the provisions of Article IX, Special Use Regulations of this Chapter, provided such message center conforms to the following:
1.
The electronic message center shall serve the public convenience; and said device shall not be positioned closer in any direction to another device than the following:
2.
The sign message shall periodically include public service information such as time, temperature, date, weather, traffic conditions or other messages of interest to the traveling public.
3.
The electronic message center shall be designed and located such that the entire sign message will be legible to motorists viewing the sign.
4.
The sign structure shall conform to all applicable regulations as specified in this Chapter.
5.
Message dissemination and regulation of the electronic message center are as follows:
a.
Flashing of messages:or images is prohibited.
b.
Animation, defined as the illusion of motion, is allowed unless the Building Official determines that the animation constitutes a distraction to traffic. Animation or a sequence of animations shall not exceed eight (8) seconds in length, followed by a transition of a minimum of one and one-half (1.5) seconds or a blank (black) slide of five-tenths (0.5) seconds.
c.
Static messages or images shall remain constant for a minimum of one and one-half (1.5) seconds.
d.
Scrolling messages are allowed, but shall not exceed eight (8) seconds in length.
e.
A minimum of one and one-half (1.5) seconds of transition or a blank slide of a minimum of five-tenths (0.5) seconds must appear after each eight (8) seconds of any type of animation, messages or images. Transitions may not involve flashing.
f.
Movies or videos involving live actors or events are not allowed.
g.
Automatic dimming capability that adjusts the brightness of the sign to the ambient light at all times of the day and night is required. The maximum luminance produced by the sign shall not exceed one-tenth (0.1) foot-candles greater than the ambient light level.
C.
Changeable Copy Signs. Changeable copy may be incorporated into a sign face when the changeable component of the sign face occupies less than half the total area of a sign face. Changeable copy on a sign face shall be composed in proportion to the entire sign face with a border or similar treatment around the changeable copy to integrate it into the sign face. Lettering on signs directed to local or collector streets shall be at least three (3) inches in height. Lettering directed to secondary or major arterial streets shall be at least six (6) inches in height.
D.
Signs In Shopping Centers And Other Unified Business Centers. Sign type, color, scheme, size and illumination of signs within a shopping or unified business center shall be coordinated with each other and designed to be compatible with the architecture of the center. Attached signs for separate businesses within the center shall be located uniformly on a sign frieze, canopy or other appropriate architectural element consistent with the architectural concept of the center as a whole. Detached signs shall identify the name of the center or complex and no more than three (3) of the major tenants of the center. Detached signage shall remain consistent with the architectural integrity of the center.
E.
Scale And Proportion. Freestanding signs shall be compatible with the building or buildings they identify and signs shall not be of such size that they visually overpower the buildings on the site. Attached signage shall be harmonious in scale and proportion with the building facade they are mounted to. Signs that are part of building elements such as walls, windows, canopies, awnings and mansard roofs shall not visually overpower those elements nor detract from the composition of the building facade.
F.
All freestanding signs shall be located in a landscaped area separated and protected from vehicular circulation and parking areas. A minimum of two (2) square feet of landscaping shall be provided for each one (1) square foot of sign area. No such sign shall overhang any part of a structure, parking or loading space and driveway or maneuvering aisle.
[Ord. No. 1069 §2(473.040), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
A.
Temporary signs advertise events that are not continuous, occur infrequently or that utilize sign material on supporting framing not normally considered permanent. Temporary signs shall not create a nuisance or hazard, be maintained in accordance with maintenance standards for all other signage and removed when their purpose is no longer necessary. An example would be advertisement of a limited commercial nature or an announcement for an annual celebration or charitable event. In addition, temporary signs may be utilized for a specified period in advance of installation/construction of a permanent sign structure. Unless otherwise exempted from permitting in Section 405.420 above, temporary signage shall require a permit. The following temporary sign standards shall apply within the City of Pevely:
1.
Presumption as to ownership. Any person(s), firm, corporation or partnership promoting an event, candidate, proposition or commercial event or providing direction promoted by a temporary sign or other sign permitted by this Section shall be presumed to be the owner of such sign, provided however, this presumption shall be rebuttable. All temporary signs, except as otherwise noted, shall be located on the site of the subject business or event being advertised.
2.
Signs on City right-of-way. In accordance with Section 405.420 above, no sign shall be erected on/over the public right-of-way. An exception may be granted for banners over City right-of-way that announces a municipal celebration or event. Such displays shall only be permitted over arterial or collector streets in commercial or industrial zoned districts and the sign area may not exceed the sign area requirement for temporary signs in the district in which located. The banner shall be placed within fifteen (15) days of the event/activity and removed within seventy-two (72) hours after the event/activity.
3.
Size of temporary signs. With the exception of signs promoting or providing directions to new subdivisions, no temporary sign in a residential zone district shall exceed six (6) square feet. Unless otherwise noted, temporary:signs in all other zoning districts shall not exceed thirty-two (32) square feet per face.
4.
Portable reader boards. One (1) portable reader board as defined in Section 405.050 may be used by new businesses in commercial districts for a period not to exceed one hundred twenty (120) days beginning with issuance of a temporary sign permit. The purpose is to allow new businesses the opportunity to advertise in advance of placement of permanent sign structures. Said temporary portable reader board shall be removed within the maximum one hundred twenty (120) day period or upon placement of an on-premise permanent sign structure, whichever is sooner.
5.
Garage and yard sales. In addition to Section 405.420(F)(10) above, no temporary sign advertising a garage or yard sale shall be placed on any residentially zoned property, other than the property on which such sale takes place, without consent of the owner of such property. Signs shall not exceed six (6) square feet per sign face in any zone district. In addition, all such signs shall state the date the sale is to take place.
6.
Civic, political, charitable and religious signs. All such signs shall comply to the sign area, material and maintenance requirements for temporary signs for the zone district in which they are located. Political signs erected in conjunction with any election shall not be erected in advance of the first (1st) day of the month preceding the month of the election and shall be removed within seven (7) days after the election.
7.
Commercial real estate signage. Temporary signs placed on private commercial/industrial property for the sale or lease thereof shall not exceed thirty-two (32) square feet on vacant ground and sixteen (16) square feet on an existing building.
8.
Residential construction project/subdivision signs. Notwithstanding any other provisions of this Chapter, builders and developers of residential subdivisions may erect directional and promotional signage. The following shall apply:
a.
Directional signage for weekend displays and openings shall not be placed or displayed before sunrise on Saturday and removed no later than sunset on Sunday (of the same weekend), at which time all poles and stakes shall be removed. No permit shall be required and signs shall be limited to the specific subdivision and shall not exceed four (4) square feet per sign face nor four (4) feet in height. In addition, no sign shall be attached to any existing utility structure, tree, fence or any public or private sign structure.
b.
Directional signage to subdivisions. Such signs, usually off-premise signs, may be placed during active sales and construction of homes. Upon the sale of ninety percent (90%) of the units, the City at its discretion may cause such signs to be removed. Said directional signs shall be limited to the name of the subdivision, developer and directions. Such signs shall not exceed six (6) square feet in size nor be greater than four (4) feet in height. In addition, signs shall be set back ten (10) feet from the right-of-way and the developer shall have written permission from the property owner for placement. The developer is limited to the placement of no more than four (4) such signs, which shall not be located less than two hundred (200) feet apart.
c.
Promotional signage. Such signs may be placed during active sales and construction of homes. The City at its discretion may require such signage to be removed upon the sale of ninety percent (90%) of the units. Signs shall be limited to the name of the subdivision, developer, features or other pertinent information specific to the subdivision and said sign shall not exceed fifty (50) square feet in size and shall not exceed ten (10) feet in height. No more than two (2) promotional signs may be placed at or near the entrance to a subdivision. Signs shall be self-supporting, set back a minimum of ten (10) feet from the right-of-way and shall not obstruct visibility.
9.
Searchlights. Searchlights may not interfere with the normal use of adjacent property or cause interference to motor vehicle or pedestrian traffic. Each business shall be permitted two (2) such advertising events per calendar year that shall not exceed a total of six (6) days. Such displays require a permit and devices may not be placed on the roof of a building.
10.
Cold air balloons. Cold air balloons are permitted at a height not to exceed thirty-two (32) feet. Each business is permitted one (1) such advertising display per calendar year for a period not to exceed seven (7) days. Said advertising shall not be placed on the roof of a building. A permit shall be required before erection.
11.
Grand openings. New business or business under new ownership or new name may use pennants and streamers for up to seven (7) days for a grand opening. Such pennants and streamers shall be maintained in good condition and free from dirt or missing pieces.
12.
A-frame signs. A-frame signs are allowed in all commercial, planned development, and manufacturing districts based on the following criteria:
a.
Such signs are limited to eight (8) square feet per sign face with not more than two (2) sign faces.
b.
The overall size of the sign shall not exceed thirty (30) inches in width and forty-eight (48) inches in height.
c.
Such signs may not be internally illuminated.
d.
Such signs may be placed only on the sidewalk in front of the place of business it advertises and must allow a three (3) foot wide space on the sidewalk for pedestrians to pass.
e.
Such signs shall be removed from the sidewalk and placed inside the business at the close of each business day and/or whenever the business ceases to be open.
f.
Such signs shall be secured in a fashion to prevent them from blowing over or falling over.
[Ord. No. 1069 §2(473.050), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
A.
To encourage quality in sign design the maximum sign area for on-premise signs in commercially zoned districts may be increased by a specified percentage in exchange for compliance with design criteria below. The percentage increase shall be based on the original maximum sign area allowed within the district. Bonuses shall be granted cumulatively for compliance with each of the criteria.
1.
Individual letters. A ten percent (10%) bonus may be granted for any wall sign that consists of individual letters mounted directly to the surface of the building.
2.
Landscaping. A fifteen percent (15%) bonus may be granted for any freestanding sign erected within a landscaped area in which a minimum of four (4) square feet of land shall be provided for each square foot of sign to be erected in the landscaped area. For example, an eighty (80) square foot sign may be increased twelve (12) square feet, if a three hundred twenty (320) square foot landscaped site is provided to accommodate the sign. In such instances the Planning and Zoning Commission shall approve the landscape design.
3.
Shopping centers. A ten percent (10%) bonus may be awarded for all wall signs within a shopping center of more than three (3) establishments if internal design standards mandate each business within the center use uniform or complimentary background, design and color. The Planning and Zoning Commission shall first approve such uniform standard and color scheme.
4.
On-premise freestanding signs. A fifteen percent (15%) bonus may be granted for any freestanding sign which is the only freestanding sign on a lot on which more than one (1) such sign would otherwise be permitted. This shall include multiple, joint or combination signs on a common support.
5.
Maintenance. Any sign erected under the bonus provisions contained in this Section shall be adequately and continuously maintained, including landscaping as provided herein, by the tenant or owner and such successors and assigns as benefit from the bonus provisions in this Section.
[Ord. No. 1069 §2(473.060), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
A.
Unsafe Signs. If any sign is found to be unsafe or insecure or is a menace to the public, the Zoning Administrator/Code Enforcement Officer shall give written notification to the owner of the property to which such sign is erected or affixed to remove or alter such unsafe or insecure sign within fifteen (15) days upon receipt of notification. Upon failure to comply with such notice within the time specified, the administrative official shall find the owner of the sign in violation and take appropriate legal action to remove or repair said sign. The City Official may cause any sign that is an immediate peril to persons or property to be removed summarily and without notice.
B.
Obsolete Signs.
1.
Any obsolete sign that does not advertise an existing business or a product shall be taken down and removed by the owner of the property to which the obsolete sign is attached within fifteen (15) days after notification from the Zoning Administrator. Upon failure to comply with such notice within the time specified, the Administrator shall cause the removal of such sign and any expense incidental thereto shall be paid by said owner.
2.
At the termination of a business or commercial enterprise, all signs pertaining thereto shall be removed from public view within ninety (90) days of such termination.
C.
Alteration And Maintenance Of Non-Conforming Signs. Any non-conforming sign shall be brought into compliance when the following occurs:
1.
Damage to a sign, which requires repairs which will exceed fifty percent (50%) of the replacement value of the sign.
2.
Required maintenance, which will exceed fifty percent (50%) of the replacement of the sign.
3.
A change in ownership or tenancy, which requires a new certificate of occupancy for the premises on which a legal non-conforming sign is located.
4.
Relocation of a sign either on the premises or to another location.
5.
Remodeling which encompasses more than fifty percent (50%) of the display frontage of the business to which the sign relates.
[Ord. No. 1069 §2(473.070), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
A.
Application. The City shall not accept an application for the construction of a billboard unless it is accompanied by a valid State of Missouri permit, scaled site plan and plans sealed by an engineer licensed and registered in the State of Missouri. Such plans shall include structural drawings, foundation specifications, landscape plan, wind load calculations, electrical requirements and a survey depicting the distance:
1.
From the nearest billboards in both directions from the same side of the highway;
2.
From areas zoned residential;
3.
From property lines and roofed structures; and
4.
From the right-of-way, as of the date of the subject application. Submittal of the application material is a necessary prerequisite for review of the permit through the City of Pevely.
B.
Fees. Every billboard applicant, before being granted a permit hereunder, shall pay to the City a fee of five hundred dollars ($500.00) for processing the application and initial inspection.
C.
Where Permitted. Billboards may be permitted in all "B" Business Districts and "I" Industrial Districts along any interstate or primary highway as defined in the Missouri Billboards Act. Billboards along the interstate highway must be constructed within one hundred (100) feet of the interstate measured from all points on the billboard. Billboard signs along all other highways within the City shall be constructed within seventy-five (75) feet of the highway right-of-way measured from all points on the sign.
D.
Size. Signs shall not exceed two hundred (200) square feet per sign face with a maximum height of ten (10) feet and a maximum width of twenty (20) feet. The sign face may be increased to not more than fifteen percent (15%) of the approved outline area on any face to allow for displays that have sign extensions that are part of the specific advertising display. Such extensions shall not protrude more than three (3) feet from the billboard sign face and shall be considered a part of the maximum allowable space when calculating the billboard sign face area or height requirements. An extension shall be operated only as a component of specific advertising copy, which use shall expire with the removal of said specific advertising copy and shall not become a permanent portion of the billboard or sign face area.
E.
Type. Only single-sided, back to back or "V" type construction billboards with a single display per facing and a single pole support structure design are allowed.
F.
Height Requirements. No portion of a billboard shall exceed forty-five (45) feet in height measured from the ground (grade) to the highest point of the sign/structure. Excluding the support structure and foundation, no portion of a billboard shall be lower than twenty (20) feet from ground level as measured from grade to the base of the sign.
G.
Setbacks. To protect from injury, property damage, collapse or other acts of God, a safety zone shall be provided around each billboard. A minimum setback from all property lines and roofed structures equal to one hundred fifty percent (150%) of the height of the billboard, measured from all points of the sign, shall be maintained. This standard shall apply unless the regulations of the district in which the sign is located are more restrictive, in which case the more restrictive regulations shall apply.
H.
Spacing.
1.
On the interstate highway and any highway on the Federal aid primary system, no billboard shall be erected within one thousand (1,000) feet of an existing billboard on either side of the highway. On any non-freeway Federal aid primary highway within the limits of the City, no billboard shall be erected within eight hundred (800) feet of an existing billboard on either side of the highway.
2.
No billboard shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging or intersecting traffic. The separation between billboards shall be measured perpendicular to the centerline of the highway.
3.
No billboard shall be located within one thousand (1,000) feet of an interchange or overpass existing or approved for construction by the Missouri Department of Transportation. On an interchange said one thousand (1,000) feet shall be measured from the bottom/end of the entrance/exit ramps to the main traveled way. For a highway overpass, the distance shall be measured from the centerline of the overpass.
4.
No billboard shall be erected within fifteen hundred (1,500) feet of any area zoned residential.
I.
Lighting. All lighting shall conform to the provisions of Section 405.420 above. In addition, no revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as a part of any billboard. External lighting, such as floodlights, thin line or gooseneck reflectors, may be permitted provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any part of the public way. Lights shall not be of such intensity so as to cause glare, impair vision or otherwise interfere with a driver's operation of a motor vehicle. Illumination shall not interfere with the effectiveness of or obscure an official traffic sign, device or signal nor cast light on adjacent property.
J.
Landscaping. All billboards shall have approved landscaping which may include, but is not limited to, broadleaf evergreens or evergreen shrubs and ground cover. Insofar as may be practical, as well as safe and secure from trespassers or vandals, landscaping shall be designed to ensure the structure will be aesthetically compatible with its surroundings and neighboring property. The determination of whether the landscaping plan is adequate shall be based upon consideration of the nature of the location of the sign, the impact on surrounding properties, the safety and security of the structure and relative cost of the landscaping in relation to the impact on property values in the vicinity if the sign did not have any aesthetic treatment.
K.
Digital Billboards. Billboards using an LCD or LED electronic display or mechanical means to change copy shall not consist of flashing, chasing, animated lights, or motion of any kind, and shall not change more frequently than once every eight (8)seconds.
L.
Existing Billboards. The provisions of Sections 405.420 and 405.460 shall apply to off-premise signs and billboards in existence at the time of adoption of this Article. As in Section 405.460, no non-conforming billboard shall be structurally altered, enlarged, moved or replaced unless brought into compliance with the provisions herein pertaining to non-conforming signs. In addition, the right to maintain/retain any non-conforming billboard shall cease whenever the same is damaged over fifty percent (50%) of its value from any cause whatsoever or if the support structure becomes obsolete or substandard to the extent it becomes hazardous or dangerous.
M.
Discontinuance And Removal. Billboards void of commercial advertisement or a public service message for a period exceeding ninety (90) days, regardless of intent to resume use of the structure, shall be considered a discontinuance of use and as such said sign shall be considered obsolete and may be ordered to be removed in accordance with Section 405.460.
[Ord. No. 1069 §2(473.080), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
Variances shall not be granted for any sign, as ample provisions have been made for premises identification within the regulations presented herein and because true hardship as defined in State law cannot be demonstrated signage situations.
[Ord. No. 1069 §2(473.090), 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
A.
Any violation of this Article or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law. A violation of this Article shall be considered a violation of the zoning ordinance of the City. Remedies and enforcement options shall be applied to the person(s), corporations, business, or entity in whose name the sign permit is issued and/or the owner of the property. The remedies of the City shall include the following:
1.
Issuing a stop work order for all work on any signs on the same zone lot;
2.
Seeking an injunction or other order or restraint or abatement that requires the correction of the non-conformity or the removal of the sign(s);
3.
Imposing any penalties that can be imposed directly by the City under the zoning ordinance;
4.
Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and
5.
In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the zoning ordinance, nuisance ordinances, building code and State Statute for such circumstances.
B.
The City shall have such other remedies as are and as may from time to time be provided for or allowed by State law for the violation of the zoning ordinance.
C.
All such remedies provided herein shall be cumulative. To the extent that State law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
D.
Any sign installed or placed on public property, except in conformance with the requirements of this Article, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of said sign.
[Ord. No. 1069 §3, 2-7-2005; Ord. No. 1259 §2, 5-2-2011]
If any portion of this Article is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance of the City Code, the provision which establishes the higher standard shall prevail.
