[Ord. No. 224 §§1 —
2(32.01), 10-19-2005]
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 New Melle in order to promote public safety, health
and general welfare of the community. These regulations are specifically
designed to:
[Ord. No. 224 §§1 —
2(32.02), 10-19-2005]
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
following sign standards by zoning district are intended to include
every district in the City of New Melle. The districts are as defined
by the zoning ordinance and official Zoning Map. Only permanent located
signs as described herein and as may be described under temporary
signs will be permitted in each particular district, except for public
signs and City, State and Federal historic markers.
C.
If
any district is omitted from this Article or if a new district is
created after the enactment of this Article, no signs shall be permitted
therein until this Article is amended to include the new district.
D.
Decals,
numerals, names, addresses, hours, credit information, etc., attached
to doors or windows and all of which occupy a total area of one (1)
square feet or less are excluded from this Article.
[Ord. No. 414, 10-9-2018]
A.
Structural Requirements. All signs shall comply with the pertinent
requirements of the City of New Melle Building Code.
B.
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 City of New Melle without notice and at the
expense of the property and/or sign owner.
C.
Maintenance. Each sign shall be maintained in a safe, presentable
and workmanlike condition. All existing signs shall be maintained
in good condition, free from rust or corrosion, chipping paint and
non-working components. Visual deterioration or structural damage
of a sign shall be repaired within forty-five (45) days of occurrence
or within ten (10) days of written notice of the City of New Melle.
D.
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 as 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 thirty
(30) days following written notice of the City of New Melle.
E.
Illumination. Direct or reflected light from primary light sources
shall not create a traffic hazard to operators of motor vehicles or
public thoroughfares or create glare on residential uses.
F.
State Right-Of-Way Requirements. All signs erected within the jurisdiction
of Sate right-of-way requirements shall meet State, County, and City
requirements.
G.
Architectural Appearance. Brickwork, stonework, or similar accent
material utilized to enhance the attractiveness of pole or ground
signs is permitted and not calculated toward the overall sign area
calculations. The above accent material shall be accomplished within
reason, not to violate the spirit and intent of this Section.
H.
Sign Area Calculation.
1.
Freestanding signs (pole, ground-mounted, projecting).
a.
Sign area for all freestanding signs consists of the entire
surface area of the sign on which items of information could be placed
and viewed simultaneously. The supporting structure architectural
design features or bracing of a sign shall not be counted as part
of the sign face area unless such structure or bracing is made a part
of the sign's message. Where a sign has two (2) display faces
back to back, the area of only one (1) face shall be considered the
sign face area.
b.
Where a sign has more than one (1) display face not back to
back, the maximum area, which can be viewed simultaneously from any
point, shall be considered the sign face area.
2.
Attached Signs. Sign area for all attached signs shall be the
area of the smallest square or rectangle that can encompass all items
of information.
I.
Sign Placement Within Or On An Existing Frame. All signs designed
for a preexisting structure or frame shall be designed to fit the
frame or structure as though it were the original sign. Any portion
of any sign or unused remaining frame or structure shall be subject
to removal under the conditions for abandoned signs.
[Ord. No. 224 §§1 —
2(32.03), 10-19-2005]
The following definitions shall apply in interpretation and
enforcement of this Article, unless otherwise specifically stated:
A billboard which no longer correctly directs or exhorts
any person, advertises a bona fide business, lessor, owner, project
or product.
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.
Any sign which includes action or motion. For purposes of
this Article, this term does not refer to flashing or changing, all
of which are separately defined.
A plastic material more than one-twentieth (1/20) inch thick
which burns at a rate of not more than two and one-half (2.5) inches
per minute when subjected to ASTM Standard Test for Flammability of
Plastics in sheets of six one-hundredths (6/100) inch thickness as
determined by the City Engineer.
Any structure entirely supported by the wall to which it
is attached and which has a frame covered by canvas, cloth or other
similar temporary material and/or which can be retracted or rolled
to the structure by which it is supported.
The entire area of a sign on which copy could be placed,
but does not include permanent building surface.
All signs maintained by advertising agencies which advertise
products of their customers or clients and all business signs individually
or privately owned which primarily are not on the premises of the
owner.
All window and wall area of a building in one (1) plane or
elevation.
Any structure attached to a 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.
A sign on which copy is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
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.
A sign attached to the exterior of a church or located elsewhere
on church premises and used to indicate the services and/or other
activities of the church and including the church name, if desired.
City of New Melle.
The officially designated representative of the City of New
Melle responsible for the enforcement of the sign ordinance and other
ordinances.
The wording or graphics on a sign surface.
See "GROUND SIGN".
As defined under the zoning ordinance and Zoning District
Map.
To build, construct, reconstruct, attach, hang, rehang, alter,
place, affix, enlarge, move or relocate and includes the painting
and repainting of existing sign structures.
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.
The entire area of sign on which copy could be placed. The
area of a sign which is visible from one (1) direction as projected
on a place.
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 changing signs such as public service time,
temperature and date signs or electronically controlled message centers
are not classed as "flashing signs".
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.
The average level of the finished surface of the ground adjacent
to a sign or the exterior wall of a building to which a sign is affixed.
Immediate surrounding grade.
A freestanding sign resting upon the ground or attached to
it by means of two (2) or more poles or standards.
The vertical distance measured from the surrounding grade
to the highest point of sign.
A sign containing only the names and addresses of the occupant
of business establishment.
A sign which contravenes this Article or a non-conforming
sign for which a permit required under a previous ordinance was not
obtained.
Property lines other than those forming a dedicated public
right-of-way.
A sign identifying the institutional or governmental facility.
Property lines other than those forming a dedicated public
right-of-way.
A letter, character or symbol used to represent a person,
corporation or business enterprise.
A parcel, tract, plot or area of land accessible by means
of a street or other permanently reserved principal means of access.
It may be a single parcel separately described in a deed 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 (1) as determined by the City Engineer.
The permanent part of a building which denotes the name of
the building, date of erection, historical significance or similar
information.
Any advertising structure or sign which was lawfully erected
and maintained prior to such time as it came within the purview of
this Article and any amendments thereto and which fails to conform
to all applicable regulations and restrictions of this Article or
a non-conforming sign for which a variance has been issued.
Any sign that does not contain electrical wiring or is not
attached or intended to be attached to an electrical energy source.
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard or other thing designed, intended
or used to advertise or inform any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the interstate or primary highway system.
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.
That portion of a building wall that rises above the roof
level.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Any letter, word, sign device or representation used in nature
of an advertisement or announcement projecting perpendicularly from
the building.
Directional sign to subdivisions under construction in the
City of New Melle and project site promotional sign in the City of
New Melle.
That part of any street, road, alley or avenue dedicated
for public use as a walkway or thoroughfare for pedestrians or motor
vehicles, whether or not the public improvements thereon extend to
the full dedicated limits of such right-of-way.
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.)
A sign mounted on the roof of a building.
A sign or portion of a sign which moves in a revolving or
similar manner.
A sign which is not permanent and is limited to a specific
activity or in the celebration of holidays or other special events.
The minimum horizontal distance between the right-of-way
line and the sign structure as specified in a particular Article of
this Chapter.
Any temporary sign advertising sales or specials attached
to or within three (3) feet of glass surface of any fixed window (glazing)
visible from a public right-of-way.
As shown on Figure 2.
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, but not limited to, any permanently installed
or situated merchandise; or any emblem, painting, banner, pennant
or placard designed to advertise, identify or convey information.
For the purpose of removal, signs shall also include all sign structures.
For the purposes of this Article, this definition shall include those
signs painted directly upon a building or other structure.
The Area of the sign face. The sign area of a multifaced
sign is the sum of the sign areas of each face that can be seen simultaneously
from a single location on an adjacent street. If a sign is attached
to a building or structure, or suspended or placed 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.
[Ord. No. 413, 10-9-2018]
A wall sign attached to a building wall or the general vertical
plane of a mansard-type roof.
A permanent pole sign designating the name of a commercial
center and listing the various tenants of the center.
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.
A sign which indicates a direction for vehicular or pedestrian
traffic or other movement. The sign 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.
A sign which flutters and includes banners, flags, pennants
or other flexible material which moves with the wind or by some artificial
means.
Any detached sign on the same lot or parcel as the use it
advertises which has its bottom portion erected upon or supported
by the ground, a ground planter box or other supports.
Any sign hanging entirely beneath a canopy, portico or marquee.
Any sign which is illuminated by light sources mounted on
or in the sign or at some other location.
A sign identifying the institutional or government facility.
Any sign attached to or illustrated on a marquee, canopy
or awning, respectively.
The permanent part of a building which denotes the name of
the building, date of erection, historical significance, dedication
or other similar information.
Menu for fast-food service restaurants.
A sign, all or any part of, which moves by any means. Such
sign includes a fluttering sign, including fluttering or flashing
lights or sequential lights, simulating movement.
An attached wall sign not larger than two (2) square feet
in area identifying the name of a person occupying a building.
Any detached sign located on the same lot or parcel as the
use it advertises which is supported by one (1) or more stationary
poles longer than ten (10) feet above the mean grade line of the ground
at its base, provided that this shall not include a permitted ground
sign as set forth herein.
A temporary sign advocating or opposing any political proposition
or candidate for public office.
A permanent ground sign identifying an apartment complex,
condominium project or mobile home development entry, name and or
street names within the project.
Any sign affixed to a building or wall in such a manner that
its edge extends more than nine (9) inches beyond the surface of such
building or wall.
A sign pertaining only to the prospective rental, lease or
sale of the property on which it is located. Real estate signs shall
be excluded from the definition of pole signs.
Any temporary sign that provides direction to any residential
development under construction in the City of New Melle or promotes
the residential development on the project site in the City of New
Melle.
Any sign erected on a roof but excluding marquee, canopy,
wall and signs located on a mansard.
The sign and all parts associated with its construction.
A ground sign identifying a subdivision entry, subdivision
name and/or street names within the subdivision.
All structures by which a sign is held up, including, for
example, poles, braces, guys and anchors.
Any sign intended for a limited or intermittent period of
display.
A sign erected or attached against the wall of any building
with the plane of the face parallel to the plane of the wall below
the roof line.
A sign that is permanently affixed to either side of the
glass of an exterior door or window. For the purpose of this Article,
a glass brick wall shall be deemed a window.
A temporary sign affixed to the inside of an exterior window
or glass door.
Signs not exceeding thirty-two (32) square feet used for
holidays, public demonstrations or promotion of civil welfare or charitable
purposes.
All signs which primarily advertise products or businesses
which are not located on the same premises as the sign. This includes
billboards, detached pole signs on separate parcels, wall signs and
signs otherwise attached to buildings and/or supported by uprights
or braces on the ground. Real estate signs and political signs are
excluded from this definition.
A public thoroughfare which affords the principal means of
access to abutting property.
The molding, batten, caps, nailing strips, latticing and
platforms which are attached to the sign structure.
A sign which is not permanent and is allowed for a specific
time period.
Any sign which aids the flow of traffic.
The purpose for which a building, lot, sign or other structure
is arranged, intended, designed, occupied or maintained.
The zoning ordinance and amendments thereof for the City
of New Melle and the current Zoning District Map related thereto.
[Ord. No. 224 §§1 —
2(32.04), 10-19-2005]
A.
Allowable Signs. All signs shall be located five (5) feet
from the right-of-way and out of the sight triangle as shown on Figure
2.
1.
Subdivision identification signs.
a.
Two (2) subdivision identification signs not exceeding thirty-two
(32) square feet in size per face shall be allowed per development.
b.
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.
c.
No sign shall be more than six (6) feet in height from the surrounding
grade to the highest point on the sign.
2.
Project identification sign.
a.
One (1) sign not exceeding thirty-two (32) square feet in size per
face shall be allowed per project.
b.
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.
c.
No sign shall be more than six (6) feet in height from the surrounding
grade to the highest point on the sign.
4.
Construction sign.
a.
Not more than one (1) sign per street frontage per lot not exceeding
thirty-two (32) square feet in size per face.
b.
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 fifteen (15)
feet of street right-of-way and not located within the sight triangle.
c.
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.
5.
Residential project construction signs.
a.
Promotional sign. One (1) sign per major entrance
to the subdivision or project site not exceeding one hundred twenty
(120) square feet per face.
b.
Directional signs.
(1)
Any number of signs not exceeding sixteen (16) square feet per
face
(2)
No sign shall exceed three and one-half (3.5) feet above the
elevation of the adjacent driveway at the point which it meets the
street right-of-way.
(3)
Each development may also be allowed no more than two (2) directional
signs not exceeding ninety-six (96) square feet per face along all
State highways and interstate service roads within the City.
(4)
All directional signs may include directions to the development
and pertinent information concerning the developer but shall not include
promotional information. The sign 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.
c.
On-site sign. Such sign shall be removed at such
time when ninety percent (90%) of permits have been issued of the
lots and/or dwelling units.
d.
Off-site signs.
(1)
Such signs shall be removed either within two (2) years from
the date of issuance of the sign permit or when permits have been
issued for ninety percent (90%) of the lots and/or dwelling units.
(2)
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.
6.
Political signs.
a.
Not greater than sixteen (16) square feet in sign area per sign face
unless posted on billboards.
b.
Posted only on private property with permission of the property owner
or lessee.
c.
Shall be in place for a period of not longer than thirty (30) days
prior to the election and shall be removed within fifteen (15) days
after the election is held to which they pertain. The fifteen (15)
day removal period shall not apply to those candidates who successfully
ran for nomination at the primary election in August, until after
the general election in November.
d.
Shall be located at least fifteen (15) feet from the edge of the
street, out of the right-of-way and shall meet sight triangle requirements.
e.
Political signs cited as violating any of the provisions of this
Article shall be removed by the sign owner and/or property owner of
that sign within five (5) days after notice of the violation. The
failure to remove such sign within that five (5) day period will result
in the cost of removal being billed to the sign owner and/or property
owner.
f.
Shall not exceed six (6) feet in height above grade at its base.
g.
It shall be the responsibility of all candidates and their committee
to assure that political signs are maintained in good repair and failure
to so maintain shall be grounds to issue a notice of violation.
8.
Memorial or tablet sign.
9.
Property real estate signs. One (1) sign per lot
frontage not exceeding six (6) square feet per face and shall be removed
within ten (10) days following the date of closing or lease initiation.
10.
Special displays and other temporary signs.
a.
The following temporary signs may be approved by the City Engineer
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 Board of Aldermen.
b.
Only two (2) temporary sign permits, per business, will be issued
during a calendar year.
(1)
Seasonal or other special occasion signs such as special events
and special business hours.
(2)
Yard signs, such as "Siding by ____________________".
(3)
Subdivision directional signs not exceeding three (3) square
feet in size per face.
(4)
All other temporary signs not specifically referenced in this
Article.
(5)
Portable signs, signs not permanently affixed to the ground.
c.
The following types of special displays and promotional signs are
permitted subject to the following guidelines. In all cases they are
to be maintained in good condition and if found otherwise, they are
subject to immediate removal by the City Engineer.
(1)
Banners. Special displays using banners for
promotional purposes will be permitted for a thirty (30) day time
period, per promotion.
(2)
Pennants. Will be permitted for promotional
purposes.
(3)
Flags in front of display homes. Will only
be permitted until the home is no longer used for display purposes.
(4)
Seasonal promotional signs. One (1) sign no
greater than six (6) square feet. These signs shall be displayed only
during the hours of operation of the business. The sign shall be placed
inside at the close of each business day.
12.
Home occupation. One (1) non-illuminated wall sign
not exceeding two (2) square feet mounted on the dwelling.
B.
Additional Regulations.
[Ord. No. 224 §§1 —
2(32.05), 10-19-2005]
A.
Generally. Shall be located at least fifteen (15) feet from
the edge of the street, out of the right-of-way and shall meet sight
triangle requirements.
B.
Allowable Signs.
2.
Attached signs.
a.
One (1) or more attached signs not exceeding ten percent (10%) of
the total square footage of the building face upon which it is placed.
b.
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.
c.
Shall be face mounted on the building wall, projecting not more than
nine (9) inches from the face of the building. Such signs shall not
project above the parapet wall, mansard or other roof line and shall
be enclosed on both ends where involving a pitched roof location.
d.
Support structures for wall signs shall be concealed from public
view.
3.
Awnings and canopy signs. In lieu of an attached
sign, awnings and canopies advertising the business on the premises
only will be permitted. Such signs shall be in accordance with the
Building Codes of the City of New Melle.
4.
Ground-mounted sign.
a.
One (1) ground-mounted sign per lot not exceeding forty (40) square
feet per face.
b.
Such signs shall not exceed six (6) feet in height from the surrounding
grade to the highest point on the sign.
c.
Shall be located no closer than fifteen (15) feet from the street
right-of-way.
d.
Such signs shall meet the sight triangle requirements of the City's
zoning ordinance and shall not be located so as obstruct vision at
a vehicular entry or exit from the property.
e.
In no instance will the conversion of commander boards ground-mounted
signs be allowed.
6.
Permanent window signs.
a.
Shall not cover more than twenty percent (20%) of the total window
area or door which they are applied.
b.
Decals, numerals, names, addresses, hours, credit information, etc.,
attached doors or windows and all of which occupy a total area of
one (1) square feet or less are excluded from this Article.
c.
Such signs may be attached either on the interior or exterior of
a window or glass door and shall be maintained in good repair.
C.
Additional Regulations.
1.
Each building or property 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 405.865, window signs and occupational/directional signs as regulated by this Article are excluded from this maximum of two (2) signs).
2.
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 Article. For the purposes of determining the total square
footage of the attached sign, only the face of each respective lease
unit 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.
3.
Each building or property may have one (1) additional attached sign
conforming to the requirements of this Article on walls containing
a main entrance which faces 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.
4.
All ground and pole signs shall be located in a landscaped area.
[Ord. No. 224 §§1 —
2(32.06), 10-19-2005]
[Ord. No. 224 §§1 —
2(32.07), 10-19-2005]
A.
Generally. Shall be located at least fifteen (15) feet from
the edge of the street, out of the right-of-way and shall meet sight
triangle requirements.
B.
Allowable Signs.
1.
Brand identification signs.
a.
One (1) ground-mounted sign, in lieu of a pole-mounted sign, not exceeding thirty-two (32) square feet in size per face. As regulated in Section 405.870.
2.
Price signs.
a.
Two (2) price signs per pump island not exceeding ten (10) square
feet per face per sign.
b.
One (1) price sign as a component of the permitted pole sign not
exceeding twenty-four (24) square feet per face in lieu of the price
signs per pump island.
c.
Shall be located at the ends of pump islands and may be affixed the
canopy, canopy supports, poles or end pumps.
4.
Federal and State stamps, octane ratings, pump use directions,
no smoking signs. As required by Federal, State and local
authorities.
6.
Additional regulations.
C.
Standard Outdoor Advertising Structures/Billboards.
1.
Permitted zones. Such signs shall be permitted in
the following zoning districts:
|
|
"C-3"
|
Highway Commercial
|
|
|
"I-1"
|
Light Industrial
|
|
|
"I-2"
|
Heavy Industrial
|
2.
Area and height.
a.
The maximum area for any one (1) sign shall not exceed two hundred
(200) square feet in size per face, with a maximum width of ten (10)
feet and a maximum length of twenty (20) feet inclusive of border
and trim, but excluding the base, apron, supports and other structural
members.
b.
The maximum height shall not exceed twenty (20) feet from the highest
point on the sign to surrounding grade or street level, whichever
is higher.
c.
The maximum size limitations shall apply to each side of a sign structure
and signs may be placed back to back, double faced or in V-type construction
with not more than three (3) side-by-side displays to each facing,
but such sign structures shall be considered as one (1) sign. However,
there shall be no vertical stacking signs.
3.
Location.
a.
All such signs must be erected within the first one hundred (100)
feet of depth, from the adjoining street frontage, of the property
upon which the sign is to be located.
b.
No such sign shall be erected within two thousand (2,000) lineal
feet of an existing sign on the same side of the street. In cases
of interstate, same side of street shall include interstate roadway
and service road, either State, County or City maintained.
c.
No part of any sign shall be located any closer than five hundred
(500) lineal feet of a residence, regardless of zoning district.
d.
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.
e.
No such sign shall be placed closer than five hundred (500) feet
to an intersection on a dual or proposed dual highway, provided however,
that such signs may be affixed to or located adjacent to a building
at such intersection in such a manner as not to materially cause any
greater obstruction of vision than caused by the building itself.
No such sign shall be so located to obstruct the vision of traffic
using entrance ways, driveways or any public road in this Article.
f.
The minimum front yard setback for such signs shall be a minimum
of thirty (30) feet from the road right-of-way. The measurement will
be from the closer point (face of the sign will extend vertically
down to the ground) of the sign.
g.
No sign shall be located on the right-of-way of any road or any slope
or drainage easement for such road.
h.
The minimum side yard setback for billboards shall be twenty-five
(25) feet from side property line or right-of-way.
i.
Accessibility for such structures shall be hard surfaced.
4.
Plans. An application to erect such a sign shall
be accompanied by the following:
a.
A set of plans, to scale, approved by a licensed engineer, providing
all necessary construction and electrical details of the sign and
sign structure, including height.
b.
A site plan must be submitted with an application to the City of
New Melle Planning and Zoning Commission to scale, containing:
(1)
The proposed location of the sign upon the property.
(2)
The distance from the proposed sign location to any buildings
upon the property and adjoining street right-of-way lines and driveway
entrances.
(3)
The distance from the proposed sign location to the next nearest
billboard sign on the same side of the street in either direction.
(4)
The distance from the proposed sign location to the nearest
street in this Article in either direction.
(5)
State of Missouri billboard permit.
c.
A representation of the proposed sign, to scale, including the width
and length of the sign faces.
5.
Construction specifications. Henceforth, any such
sign erected under this Article shall be a single pedestal type constructed
of non-corrosive metal. Construction of the sign and material specifications
shall comply with Article 903 of the Missouri Standard Specifications
for Highway Construction, as applicable, and must meet the structural
requirements of the City's Building Code.
[Ord. No. 224 §§1 —
2(32.08), 10-19-2005]
A.
The
following types of permanent signs shall be prohibited in the City
of New Melle:
1.
Permanent signs which do not meet the flammability test or approved
combustible plastic.
2.
Flashing signs; however, not including digital time and temperature
signs.
3.
Fluttering signs, pinwheels, pennants, streamers and banners except
official government flags or street banners approved by the City Engineer.
4.
Moving signs or swinging signs, signs not rigidly fixed.
5.
Roof signs.
6.
Signs not permanently affixed to the ground.
7.
Signs which contain characters, cartoons or statements, words or
pictures of an obscene, indecent, prurient or immoral character.
8.
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 hide from view any traffic or
street sign or signal.
9.
Signs attached to, suspended from or painted on any vehicle which
is regularly parked on any street or private property to display,
demonstrate, advertise or attract the attention of the public.
10.
Signs which project more than nine (9) inches from the face of the
building or structure.
11.
Pole signs of any type.
[Ord. No. 224 §§1 —
2(32.09), 10-19-2005]
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 ordinance. See Section 405.895(E).
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 abandoned sign and removed. See Section 405.895(J).
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
405.900(3) for exemptions.
[Ord. No. 224 §§1 —
2(32.10), 10-19-2005]
A.
Administration. Except where herein otherwise stated, the
provisions of this Article shall be administered by the City Engineer
or by deputies of his/her department as the Board may designate to
enforce provisions of this Article.
The City Engineer (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 affect 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 City Engineer Officer. The City Engineer
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.
It shall be improper for the City Engineer 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 City Engineer vary or change any terms of this
Article.
If the City Engineer 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. It shall be unlawful to commence or to
proceed with the erection, construction, reconstruction, conversion,
alteration, enlargement, extension, razing or moving of any sign or
sign structure or any portion thereof without first having applied
in writing to the City Engineer for a sign permit to do so and a sign
permit has been granted therefore. 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.
Blank forms shall be provided by the City Engineer for the use
of those applying for permits as provided in this Article. Any permits
issued by the City Engineer shall be on standard forms for such purpose
and furnished by the Board of Aldermen. There shall be a separate
permit for each sign constructed, altered or erected.
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
City Engineer 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 such 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.
Existing Signage. Should any existing sign be enlarged,
replaced or reconstructed, it shall be considered a new sign. If an
existing sign is repainted or the sign panels are replaced for the
purpose of changing the business, occupation or tenant advertised
or identified, it shall be considered a new sign. However, the repainting
of a sign for ordinary maintenance or the repair or restoration of
an existing sign to a safe condition after being damaged by storm
or other accidental act as shown in accordance with the original sign
permit shall not constitute such a change as to classify the sign
as a new one, subject to the provisions of Section 405.890(4) "Destruction".
F.
Permit Number Displayed. Any billboard sign hereafter erected
following passage of this Article shall display the sign permit number
on the base 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.
G.
Structural Requirements. All signs shall comply with the
pertinent requirements of the City of New Melle's Building Code.
H.
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 City Engineer without notice and at the
expense of the property and/or sign owner.
I.
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 the occurrence or within thirty (30) days' notification by the
City Engineer.
J.
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 City
Engineer concerning its removal.
K.
Illumination. Neither the direct nor reflected light from
primary light sources shall create a traffic hazard to operators of
motor vehicles on public thoroughfares. All illuminated signs shall
require a electrical permit from the City of New Melle.
L.
State Right-Of-Way Requirements. All signs erected within
the jurisdiction of State right-of-way requirements shall meet State,
County and City requirements.
M.
Violations. If it is found that a sign is in violation of
this Article, the City Engineer 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 with requirements
of this and all other City ordinances within ten (10) days from the
date of such notice. For temporary signs the date of such notice shall
constitute the first (1st) day of the thirty (30) day time period
allowed by such signs; 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 one hundred dollars ($100.00) 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.
N.
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.
O.
Fees. For those signs for which a permit is required to
be obtained, the permit fee shall be a one- time charge of ten dollars
($10.00) plus a fee of two dollars ($2.00) per square feet of sign
area.
P.
Not-For-Profit Organizations. To assure right-of-way requirements
are met, the City of New Melle will require all not-for-profit organizations
to secure sign permits. However, a fee will not be charged by the
City of New Melle for these permits.
[Ord. No. 224 §§1 —
2(32.11), 10-19-2005]
A.
The
following types of signs are exempt from the permit requirements of
this Article:
1.
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.
2.
Memorial signs or tablets, names of buildings and date or erection
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
3.
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger and such temporary, emergency or non-advertising signs
as may be approved by the Board of Aldermen.
4.
Political signs.
5.
Professional name plates not exceeding two (2) square feet in area.
6.
Occupational signs not over two (2) square feet in area (on buildings).
7.
Signs erected inside a building and not visible through windows.
8.
Window signs.
9.
Official government flags.
[Ord. No. 224 §§1 —
2(32.12), 10-19-2005]
A.
Any
aggrieved person, firm, corporation or any governmental officer, department,
board or bureau may appeal a decision of the City Engineer before
the Board of Adjustment.
B.
Grounds For Granting A Variance. The Board of Adjustment
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.
[Ord. No. 224 §§1 —
2(32.13), 10-19-2005]
If any Article, Section, 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.
