[Ord. No. 289 §1, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
It
is the intent of this Article to preserve the public health, convenience,
welfare and/or safety within the City of Foristell by maintaining
the high aesthetic quality of the community while at the same time
recognizing the importance of signage in fostering the economic viability
of the community and provide safe and concise directional information.
These regulations are specifically designed to:
[Ord. No. 289 §2, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
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 Foristell. The districts are defined
by the Zoning Code and Official Zoning Map. Only permanently located
signs 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 districts.
D.
Decals,
numbers, names, addresses, hours, credit information, etc., attached
to doors and windows and all of which occupy a total area of one (1)
square foot or less are excluded from this Article.
[Ord. No. 289 §3, 4-20-1998; Ord. No. 743 §1, 6-15-2009; Ord. No. 762 §1, 5-17-2010]
The following definitions shall apply in interpretation and
enforcement of this Article, unless otherwise specifically stated:
A sign that no longer correctly directs or exhorts any person,
advertises a bona fide business, lessor, owner, project or activity
conducted or products available on the premises where such sign is
displayed.
The City Administrator, Building Official, Chief of Police
or their designee having specific authority to administrate the authority
of the Sign Code.
A sign that includes action or motion. For the purposes of
this Article, this term does not refer to flashing or changing, all
of which are defined separately.
A plastic material more than one-twentieth (1/20) inch thick
which burns at a rate of not more than two and one-half (2½)
inches per minute when subjected to ASTM Standard Test for Flammability
of Plastics.
Consideration of integrating the design with the surrounding
environment including, but not limited to, use of colors which shall
consist of a background and raceway that is complementary to the face
of the building, materials, size and character of typeface(s), regularity
of overall shape, type of illumination, orientation and situation
of such sign in order to minimize the amount of visual clutter and
to avoid the distraction to pedestrians and motorists beyond that
necessary to convey the underlying business, information or directional
purpose of said sign. All signs should be square and plumb and maintained
in such a condition.
Any structure entirely supported by the wall to which it
is attached and which has a frame covered by canvas, cloth or 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 a copy is placed but does
not include permanent building surfaces.
A billboard is an off-premises sign or structure or part
thereof displayed outdoors or visible from a public way, which is
used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location, or to express a point of view, by any
means, including words, letters, design, symbols, figures, colors,
or illuminations. Each substantially different face of a billboard
structure shall constitute a separate billboard.
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.
A designated representative of the City of Foristell responsible
for the enforcement of this Article and other ordinances of the City.
The wording or graphics on a sign surface.
Business, temporary venue, event, presentation co-sponsored
by the City of Foristell by passage of a resolution by the Board of
Aldermen declaring co-sponsorship. Said sponsorship will be limited
to events, businesses, temporary venues, presentations that are considered
a public benefit, that promotes the health, welfare, safety and well-being
of the community at large and that its purpose is not solely for profit.
Design criteria shall consist of race way and signage colors
that complement or blend in with the primary color of the face of
the building or mansard. All signs shall be square, plumb and level
and shall be maintained as such. Multiple-tenant buildings should
be designed with a theme in mind, having all signs located at the
same level and/or centered over each business. Canopies and lettering
should be consistent in color and design. Promotional or sale signage
painted on a window shall cover no more than twenty-five percent (25%)
of each window pane. All signs attached to a building in a commercial
district shall be three dimensional as defined in this Chapter.
A freestanding sign resting upon the ground and/or pavement.
In those instances where digital price signs are utilized,
such signs shall be constant in nature and shall not travel, flash,
inverse, write-on, up or down scroll, roll, grow, melt, x-ray, twinkle,
snow or otherwise change its nature.
Any sign that serves solely to designate the location or
direction of any place or area. Also any sign which indicates a direction
for vehicular or pedestrian traffic or other movement.
A freestanding sign displaying the collective names of a
group of two (2) or more uses such as the title of a shopping center,
office park or industrial park and its tenants. No sales or price
information shall be permitted.
As defined under the Zoning Code and Zoning Map.
Any sign containing electrical wiring that is attached or
intended to be attached to any electrical energy source.
A sign, or portion thereof, with a fixed or changing display
or message composed of a series of lights that may be changed through
electronic means and that may incorporate LED or other lighting methods.
A sign containing only digital time, stock information and/or temperature
involving no additional information of an advertising nature shall
not be deemed an electronic message center nor shall an animated sign
be considered an EMC.
To build, construct, reconstruct, attach, hang, rehang, alter,
place, affix, enlarge, move or relocate and includes the painting
and repainting of lettering for new or existing signs.
The front or main part of a building facing a street; for
the purposes of this Chapter 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 that is visible from one (1) direction as projected
on a plane.
National, State, City and corporate flags shall be exempt
from all provisions contained within the permanent sign regulations,
providing that such flags are used for non-commercial purposes and
comply with all applicable regulations pertaining to flag etiquette.
Any sign that contains an intermittent or flashing light
source or that includes the illusion or 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
classified as "flashing signs".
Any sign that is not affixed to the ground or a structure
and is capable of supporting itself. Any sign that can be moved to
other areas of the premises such as portable or A-frame 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.
Immediate surrounding grade.
The vertical distance measured from the surrounding grade
to the highest point of the sign.
A sign containing only the name and address of the occupant
or 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.
Required around all on-premise pole, monument, directory
and/or freestanding signs.
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 Code Enforcement
Officer.
The permanent part of a building that denotes the name of
the building, date of erection, historical significance or similar
information.
A ground-mounted sign with an enclosed sign base constructed
of a brick or masonry material.
Permanently mounted sign advertising the bill of fare for
a restaurant, drive-in or drive-thru restaurant or car wash.
Strip mall or commercial/retail or industrial building housing
more than one (1) business.
Any advertising structure or sign that was lawfully erected
and maintained prior to such time as it came within the purview of
this Chapter and any amendments thereto, and restrictions of this
Chapter, or a non-conforming sign for which a variance has been issued.
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.
Any natural person, firm, partnership, association or corporation
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.
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 fully 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.
The top line of the roof that forms the top line of the building silhouette.
A sign mounted on the roof of a building or projecting above
the roof line (except a ground or pole sign).
For the purpose of this Article, certain rules of construction
shall apply to the text as follows:
Words used in the present tense include the future tense and
the singular includes the plural, unless the context clearly indicates
the contrary.
The terms "shall" and "must" are always mandatory and not discretionary. The words "may" and "should" are permissive.
Words or terms not interpreted or defined by this Section shall
be used with a meaning of common or standard utilization.
The word "person" includes a firm, organization,
association, partnership, trust, company or corporation, as well as
an individual.
The words "use" or "occupy" shall include the words "intended", "designed" or "arranged" to be "used" or "occupied".
A sign that is not permanent and is limited to a specific
activity or in celebration of holidays or other special events.
The minimum horizontal distance between either the face of the curb, the edge of pavement, or the right-of-way line and the sign structure as specified as required by this Article I.
Any identification, description, statuary, 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 and State flags.
For the purpose of erection and/or removal, signs shall also include
all sign structures. Not included are decorative devices or emblems
as may be displayed on a residential mailbox. Also included in this
definition are those signs painted directly upon a building or structure.
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
by these lines.
A sign attached to a building wall or generally 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 face painted directly onto a building face. Requires
a conditional use permit.
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.
A sign attached to or illustrated on a marquee, canopy or
awning.
A sign, all or 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 not taller than forty (40) feet above the mean grade line of
the ground at its base. Pole signs greater than forty (40) feet but
not exceeding eighty (80) feet in height may be allowed on property
adjacent to the Interstate 70 corridor subject to a conditional use
permit granted by the Planning and Zoning Commission and Board of
Aldermen.
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 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.
Erected by the municipality for the following purposes: public
safety, directional, identifying, parks, public owned utilities, and
events.
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 or promotes the residential development
on the project.
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, pole braces, guys and anchors.
A three-dimensional 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.
Signs not exceeding thirty-two (32) square feet, used for
holidays, public demonstrations or promotion of civil welfare or charitable
purposes.
A public thoroughfare that affords the principal means of
access to abutting property.
The molding, batten, capping, 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.
All signs attached to a building or mansard shall be three
dimensional. Signs must project a minimum of one (1) inch and a maximum
of nine (9) inches from the face of the building or mansard.
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.
Any sign advertising sales or specials or attached to or
within three (3) feet of glass surface of any fixed window (glazing)
visible from a public right-of-way. Window signs may cover no more
than twenty-five percent (25%) of each window.
[Ord. No. 289 §4, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
Administration.
1.
Except where herein otherwise stated, the provisions of this Article
shall be administered by the Administrative Officer or his or her
designee or by anyone that the Board of Aldermen may designate to
enforce provisions of this Article.
2.
The Administrative Officer or his/her designee is hereby empowered
in performance of its function to enter upon land in the City of Foristell
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 Chapter. 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 Administrative Officer.
1.
The Administrative Officer, or their designee, shall have the power
to grant 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 Administrative Officer to approve plans
or issue permits or certificates for any sign until he/she has inspected
such plans in detail and found them to conform with this Article and
all Building Codes.
3.
If the Administrative Officer shall find that any 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 ensure
compliance with or to prevent violation of its provisions.
C.
Permit Required.
1.
It shall be unlawful to commence or to proceed with erection, construction,
reconstruction, conversion, alteration, enlargement, extension, razing
or moving of any sign or sign structure or any portion thereof without
first having applied for a sign permit to do so and a sign permit
has been approved. Primary responsibility for securing the necessary
permits shall be the property owners. 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
sign permits and approvals have been secured prior to any work being
initiated.
2.
Blank forms shall be provided by the Administrative Officer for the
use of those applying for permits as provided in this Section. Any
permits issued shall be on standard forms for such purpose. 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 Administrative
Officer or designee at any time prior to the completion of the sign
for which the permit was issued, when it shall appear to him/her that
there is departure from the plans, specification or conditions as
required under the 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 panel is 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 no more than fifty percent (50%) of the existing sign being restored.
F.
Structural Requirements. All signs shall comply with the
pertinent requirements of the City of Foristell Building Code.
G.
Safety. Any existing sign which 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 Administrative Officer or designee without
notice and at the expense of the property and/or sign owner.
1.
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 immediately repaired after
notification by the Administrative Officer or designee.
H.
Abandoned Signs.
1.
Any sign or sign structure which advertises a business no longer
conducted or service no longer rendered or 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 Administrative Officer or their
designee Director concerning its removal. Upon failure to comply with
such notice within the time specified, the Administrative Officer
or their designee Director shall cause for removal of such sign, and
any expense incidental thereto shall be paid by the 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.
I.
Illumination/Lighting.
1.
No revolving or rotating beam or beacon of light that simulates any
emergency light or device shall be permitted as part of any sign.
No flashing, intermittent or moving light or lights will be permitted
except scoreboards and other illuminated signs designating public
service information, such as time, date or temperature or similar
information that is a feature of a sign classified as a changeable
copy sign (automatic).
2.
External lighting such as floodlights, thin line and gooseneck reflectors
are 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 portion of a public road
and lights are not of such intensity so as to cause glare, impair
the vision of the driver of a motor vehicle, or otherwise interfere
with a driver's operation of a motor vehicle. Said lighting will in
no way intrude or interfere with the privacy of any structure that
is residential in nature.
3.
No sign shall be so illuminated that glare interferes with the effectiveness
of, or obscures, an official traffic sign, device or signal, nor shall
the illumination be directed toward any residential area, whereby
producing glare.
4.
Underground wiring shall be required for all illuminated or electrical
type signs.
J.
State Right-Of-Way Requirements. All signs erected within
the jurisdiction of State right-of-way requirements shall meet both
State and City of Foristell requirements.
K.
Violations. If it is found that a sign is in violation of
this Article, the Administrative Officer, 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 notice on the premises, such notice stating:
1.
The violation found.
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.
3.
The requirements that must be met.
4.
Any person found to be in violation of any provision of this Article
shall be subject to a fine of up to five hundred dollars ($500.00)
or up to ninety (90) days imprisonment, or by both such fine and imprisonment,
with each day of such violation constituting a separate offense without
further notice being required.
L.
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.
M.
Not-For-Profit Organizations. To assure right-of-way requirements
are met, the City of Foristell will require all not-for-profit organizations
to secure sign permits. However, a fee will not be charged for these
permits.
N.
Alteration And Maintenance Of Non-Conforming Signs. Any
non-conforming sign shall be brought into conformity when the following
occurs:
1.
Damage to a sign that requires repairs that will exceed fifty percent
(50%) of the replacement value of the sign.
2.
Required maintenance that exceeds fifty percent (50%) of the replacement
value of the sign.
3.
A change in ownership of tenancy that requires a change in the signs
message or advertisement of product or service.
4.
Relocation of a sign.
5.
Remodeling that encompasses more than fifty percent (50%) of the
display frontage of the business to which the sign relates.
6.
No non-conforming sign shall be enlarged, expanded or extended to
occupy a greater square footage or height.
7.
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.
O.
Permit Applications. Applications for both temporary and
permanent sign permits shall be submitted to the Administrative Officer
and/or their designee and shall contain or have attached thereto the
following information:
1.
The names, addresses and telephone numbers of the applicant, the
owner of the property on which the sign is to be erected or affixed,
the owner of the sign and the person to be erecting or affixing the
sign.
2.
The location of the building, structure or zoning lot on which the
sign is to be erected and/or affixed.
3.
A site plan, to scale, of the property involved showing accurate
placement of the sign as well as the distances of the sign from any
buildings on the property, other signs and the location of property
boundary and right-of-way lines.
4.
Two (2) sets of blueprints or ink drawings of the plans and specifications
of the sign to be erected or affixed and method of construction and
attachment to the building or in the ground. Such plans and specifications
shall include details of dimensions, materials, color, weight, etc.
5.
The Building Official may require 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.
6.
Construction of any signs and sign structures and the material used
shall comply with the most current Section 903 of the Missouri Standard
Specifications for Highway Construction, as applicable, and must meet
the structural requirements of the City's Building Code.
7.
No sign will be allowed to have an adverse effect on any existing
residences.
8.
All sign permits will be reviewed within ten (10) working days from
application date.
9.
No sign will be allowed to visually block an adjacent business.
P.
Severability. If any 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.
[Ord. No. 289 §5, 4-20-1998; Ord. No. 406 §§1 — 2, 10-16-2000; Ord. No. 743 §1, 6-15-2009]
As listed in Appendix A of the City Code.
[Ord. No. 289 §6, 4-20-1998; Ord. No. 538 §1, 4-7-2003; Ord.
No. 743 §1, 6-15-2009]
A.
Any
aggrieved person, firm, corporation or any governmental officer, department,
board or bureau may appeal a decision of the Administrative Officer
or his designate or, in the instance of a conditional use permit,
appeal the findings of the Planning and Zoning Commission and Board
of Aldermen before the Board of Adjustment.
B.
Grounds For Granting A Variance. The Board of Adjustment
may grant variances from this Chapter for any permitted form of signage
where it is found that because of the limitations on character, size
or dimensions of a sign, or regulations controlling the erection or
installation of a sign, the applicant would be subject to undue hardship.
Unnecessary hardship is not considered the loss of possible advantage,
economic loss or gain or mere inconvenience to the applicant and shall
be determined under the Board of Adjustment regulations as governed
by Section 89.090(3), RSMo.
[Ord. No. 289 §7, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
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.
B.
Permanent
signs which do not meet the flammability test or approved combustible
plastic.
C.
Any
sign erected in a location prohibited by this Article.
D.
Any
sign erected so as to prevent free ingress to or egress from any passageway
or any other exit way required by the Building or Fire Codes of the
City.
E.
Any
sign attached to any public utility pole, fire hydrant, curb, sidewalk,
tree or other surface located on public property.
F.
Any
on-premise 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.
G.
Any
sign or advertising device such as banners and pennants affixed on
poles, wires, ropes or streamers, wind-operated devices, fluttering
signs, pinwheels, streamers, banners, street banners, commander boards
and "A" frames or other portable signs of like nature, and other similar
contraptions or techniques except that these devices may be used for
a period of thirty (30) days in any twelve (12) month period by permit
from the Administrative Officer.
H.
Roof
signs unless approved by a conditional use permit.
I.
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.
1.
Signs placed on or affixed to vehicles and/or trailers which are
parked on a public right-of-way, public property or private property
so as to be visible from a public right-of-way where the apparent
purpose is to advertise a product or direct people to a business or
activity located on the same or nearby property, unless said vehicle
or trailer is approved as a storage unit for an approved temporary
business. However, this is not in any way intended to prohibit signs
placed on or affixed to vehicles and trailers, such as permanent lettering
on motor vehicles, where the sign is incidental to the primary use
of the vehicle or trailer.
J.
Signs
which contain characters, cartoons or contain statements, words or
pictures of an obscene, indecent, prurient or immoral character.
K.
Signs
containing flashers, animators, electronic or mechanical movement
or contrivances of any kind except for those signs classified as changeable
copy sign (automatic). 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 viewed from the outside of the building.
L.
Home Occupation Signs. Signs relating to a business activity
or enterprise in the home are prohibited in all residential districts.
M.
Any
sign, signboard or billboard erected nearer than twenty (20) feet
to the curb of two (2) intersection streets built to a greater height
than eighteen (18) inches above the crown of the street at the point
of intersection.
N.
Electronic
message centers (EMC) or animated sign, except as allowed by the Code.
O.
Audio
in association with a sign.
P.
Direct
paint signs unless approved by a conditional use permit.
[Ord. No. 289 §8, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
The
following types of signs are exempt from the permit requirements of
this Article except as noted:
1.
Property real estate signs not exceeding six (6) square feet in area,
which advertise the sale, rental or lease of the property, on which
said signs are located only. These signs shall be removed no later
than ten (10) days after the property is sold, rented or leased.
2.
Bulletin boards not over thirty-two (32) square feet in area for
public, charitable or religious institutions that are located on the
premises of said institutions.
3.
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other non-combustible materials.
4.
Traffic or other government or municipal signs, including directional
signs and public venue identifications sign whether on or off premise,
legal notices, railroad crossing signs, danger and such temporary,
emergency or non-advertising signs as may be approved by the Administrative
Officer or their designee.
5.
Political signs shall be erected no more than thirty (30) days prior
to an election and removed no later than ten (10) days after the election.
All political signs must be registered with the Administrative Officer
or their designee with information as to who is putting the sign up
and who is responsible for its removal if erected on other than private
property.
a.
Political signs shall be no greater than thirty-two (32) square feet
in sign area per sign face unless posted on billboards.
b.
Political signs shall not exceed eight (8) feet in height above grade
at its base unless posted on a billboard.
c.
It shall be the responsibility of all candidates and their committees
to assure that political signs are maintained in good repair.
d.
Political signs cited as violating any of the provisions of this
Chapter shall be removed by the owner of that sign within two (2)
working days after notice of the violation. The failure to remove
the sign or correct the violation will result in a summons being issued
to the candidate or his/her committee. Additionally, the City may
remove those signs after the notice period.
6.
Professional nameplates, non-illuminated, not exceeding two (2) square
feet in area.
7.
Occupational signs, non-illuminated, not over two (2) square feet
in area.
8.
Yard and garage sale signs. All signs must be removed
no later than two (2) days after the conclusion of the sale. Yard
and garage sale signs shall be freestanding and not attached to any
utility pole, road sign, traffic signal or other approved or permitted
sign.
9.
Signs erected inside a building and not visible through windows or
doors which are intended solely for information relating to the interior
operation of the building in which they are located.
10.
Official Federal, State, County, City or corporate flags, emblems
and insignia of political, professional, religious, educational or
corporate organizations providing that such flags are used for non-commercial
purposes and adhere to proper flag etiquette.
11.
Directional signs not exceeding six (6) square feet in area and three
and one-half (3½) feet above the surrounding grade, which provide
instruction or direction and are located entirely on the property
to which they pertain, to identify restrooms, public telephones, walkways,
parking lot entrances and exits and features of a similar nature.
12.
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 indicates
privacy of premises, driveways or streets.
[Ord. No. 289 §9, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
These
regulations shall only apply to an agricultural business advertising
agricultural products which are sold from the premises on which the
sign is erected.
1.
All exempt signs.
2.
Permanent agricultural signs. There shall be no
more than one (1) ground sign per street face containing only the
name of the business or enterprise on the premises. Said sign shall
not exceed thirty-two (32) square feet per facing or sixty-four (64)
square feet for the aggregate sign area. Signs shall not be higher
than fifteen (15) feet above average grade. Manual changeable copy
signs shall be allowed in addition to a ground sign provided individual
permits are obtained.
[Ord. No. 289 §10, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
The
following regulations apply in all "R" Residential Districts:
2.
Permanent subdivision identification signs.
a.
Residential subdivisions of ten (10) lots/units or more shall be
permitted a subdivision identification sign at each main entrance
to the subdivision and may include the name and logo or both of the
subdivision. Such sign shall not exceed fifty (50) square feet in
outline area per face nor extend more than six (6) feet above the
average existing finished grade at the base of the sign or elevation
of the adjacent street, whichever is higher.
b.
All subdivision identification signs shall be monument style ground
signs constructed of a fifty percent (50%) brick or masonry product.
c.
An area equal to two (2) square feet for each square foot of sign
area shall be landscaped around the base of the sign.
d.
Subdivision signs may be located in any required yard but shall not
extend nearer than ten (10) feet to a public right-of-way.
3.
Residential project or construction signs.
a.
Signs identifying mechanics, painters, architects, engineers, construction
companies, remodeling companies, siding companies, home repair companies
and similar artisans and workmen which are attached to or on trailers
or placed on the lot of the construction site shall be permitted provided
that upon completion of the project the trailer or sign must be removed
within five (5) working days. The trailers or signs shall not be located
closer than ten (10) feet to the street right-of-way, if visible from
the street, and/or ten (10) feet from all property lines.
b.
Not more than one (1) sign per street frontage not exceeding thirty-two
(32) square feet in size per face. No sign shall exceed eight (8)
feet in height from the surrounding grade.
c.
Directional signs. Signs not exceeding eight (8)
square feet per face. Developers may include directions to the development
and pertinent information concerning the developer, but shall not
include promotional information.
4.
Political signs. All signs shall be erected no more
than thirty (30) days prior to an election and removed not later than
ten (10) days after the election. All political signs must be registered
with the Administrative Officer or their designee with information
as to who is putting the sign up and who is responsible for removing
the sign if erected on other than private property.
a.
All regulations and terms governing "political signs" under exempt
signs apply to signs in this district.
5.
Memorial or tablet signs.
6.
Signs not exceeding two (2) square feet in size per side nor a height
of four (4) feet from the ground that prohibits trespassing or indicates
privacy of premises, driveways or streets.
7.
Property real estate signs. One (1) sign per lot
frontage not exceeding six (6) square feet. No sign shall exceed six
(6) feet in height from the surrounding grade. All signs shall be
removed ten (10) days after the property is sold, rented or leased.
8.
Directional signs. One (1) sign per entry/exit not
exceeding six (6) square feet in size per face. No sign shall exceed
three and one-half (3½) feet above the surrounding grade.
9.
No sign shall exceed eight (8) feet in height.
10.
No sign shall obstruct vision of traffic in any direction.
11.
No sign shall obstruct any other sign.
[Ord. No. 289 §11, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
The
following regulations apply in all commercial districts: Design criteria
shall consist of race way and signage colors that complement or blend
in with the primary color of the face of the building or mansard.
All signs shall be square, plumb and level and shall be maintained
as such. Multiple-tenant buildings should be designed with a theme
in mind, having all signs located at the same level and/or centered
over each business. Canopies and lettering should be consistent in
color and design. Promotional or sale signage painted on a window
shall cover no more than twenty-five percent (25%) of each window
pane. All signs attached to a building in a commercial district shall
be three dimensional as defined in this Chapter.
1.
All exempt signs.
2.
Each building or property shall be allowed a maximum of two (2) signs,
which may be an attached sign, a ground, monument or a pole sign,
but the total number shall not include more than one (1) sign each
of these types. Window signs and directional signs as regulated by
this Chapter are excluded from this maximum of two (2) signs. Signs
for fuel service stations are regulated under special use signage.
3.
Buildings with multiple occupancy. For buildings
and/or property containing more than one (1) business or tenant, each
business or tenant may have a three-dimensional attached wall sign
conforming to the requirements of this Chapter. For the purposes of
determining the total square footage of the attached sign, only the
face of each representative 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. New construction
and/or remodeled/refurbished property should consider a "theme" for
the type of signage used on each unit of the building.
4.
Directory signs. For buildings with multiple occupancies,
a directory sign may be substituted in lieu of the allowable pole
sign by obtaining a conditional use permit through the Planning and
Zoning Commission.
5.
Electronic message center (EMC).
a.
The EMC will serve a use within a development consisting of a minimum
of one (1) acre.
b.
The EMC may not be placed on buildings or within buildings to be
viewed from the public right-of-way.
c.
The maximum size for the EMC portion of any such ground sign is twenty
(20) square feet (per face).
d.
One (1) EMC may be placed on each side of a multi-faced ground sign.
e.
An EMC will be permitted at only one (1) location on any one (1)
lot within the development.
f.
EMC signs may be used to advertise only those goods and services
offered on site or for display of information specifically related
to City-sponsored events or activities with the permission of the
City.
g.
EMC messages must be displayed for a minimum of one (1) minute for
each item shown or information displayed in the EMC. Message changes
shall be instantaneous without dissolving, growing, melting, traveling
up or down scrolling, fading or any other movement in text.
h.
The lighting color of text on EMC signs is limited to amber, white
or red pixel on black background only.
i.
The brightness of EMC signs shall automatically adjust via photo
cell for use during daylight hours and non-daylight hours. No sign
may be illuminated to a degree of brightness that is greater than
necessary for adequate visibility. The maximum permitted brightness
for electronic message boards is five thousand (5,000) NIT (candela
per square meter) as measured from the signs face perpendicular to
the rays of the source at maximum brightness during daylight hours
and five hundred (500) NIT during non-daylight hours. The lighting
and other specifications for a proposed EMC directory sign shall be
submitted with the application for directory sign proposing to incorporate
an EMC.
j.
Audio speakers are prohibited in association with any electronic
sign.
6.
Political signs. All signs shall be erected no more
than thirty (30) days prior to an election and removed not later than
ten (10) days after the election. All political signs must be registered
with the Administrative Officer or their designee with information
as to who is putting the sign up and who is responsible for removing
the sign if erected on other than private property.
a.
All regulations and terms governing "political signs" under exempt
signs apply to signs in this district.
7.
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other non-combustible materials.
8.
Signs not exceeding two (2) square feet in size per side nor a height
of four (4) feet from the ground that prohibits trespassing or indicates
privacy of premises, driveways or streets.
9.
Property real estate signs. One (1) sign per lot
frontage not exceeding thirty-two (32) square feet per face. No sign
shall exceed eight (8) feet in height from the surrounding grade.
All signs shall be removed ten (10) days after the property is sold,
rented or leased.
10.
Permanent interior window signs. Permanent window
signs may be affixed to a window advertising goods or services sold
on the premises, provided that the total of all signs, including those
temporarily mounted in that window, occupy no more than twenty-five
percent (25%) of the window's area. No flashing or other mechanical
contrivances shall be permitted in conjunction with such advertising.
11.
Flashing or revolving signs are expressly prohibited with the exception
of time and temperature signs that serve the public interest.
12.
Attached or wall signs. These signs shall be face-mounted
on the building wall, must be three dimensional, a minimum of two
(2) square feet and project no 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. No more than one (l) attached sign
not exceeding ten percent (10%) of the total square footage of the
building face upon which it is to be placed shall be allowed. 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. A separate permit is required for each sign.
13.
Ground-mounted or monument signs. One (1) ground-mounted
or monument sign per lot not exceeding forty (40) square feet per
face. Such signs shall not exceed eight (8) feet in height from the
surrounding grade to the highest point on the sign and shall not be
located so as to obstruct vision at a vehicular entry or exit from
the property. All such signs must be at least ten (10) feet from any
property or right-of-way line. Landscaping equal to two (2) square
feet for each square foot of sign area is required for all ground-mounted
or monument signs.
14.
Pole signs. One (1) pole sign per lot not exceeding
seventy (70) feet per face. Such signs shall not exceed forty (40)
feet in height from the surrounding grade to the highest point on
the sign and shall not be located so as to obstruct vision at a vehicular
entry or exit from the property. More than one (1) sign on a pole
(whether a single pedestal or multiple pedestal pole) will require
a conditional use permit. These signs shall not block signs of adjacent
businesses and be at least ten (10) feet from any commercial property
or right-of-way line. The bottom of the sign shall be at least ten
(10) feet above the surrounding grade. Landscaping equal to two (2)
square feet for each square foot of sign area is required for all
pole signs. Pole signs on property adjoining or adjacent to residential
property will require a conditional use permit and may be required
to have a greater setback from adjoining residential property lines.
15.
Pole signs not exceeding eighty (80) feet in height may be allowed
on property adjacent to the Interstate 70 corridor subject to a conditional
use permit granted by the Planning and Zoning Commission and Board
of Aldermen. The size of the face of the sign to be determined subject
to review and approval of the conditional use process. Landscaping
equal to two (2) square feet for each square foot of sign area is
required for all pole signs.
16.
All ground and pole signs must be at least fifteen (15) feet from
any building or structure.
17.
Changeable copy signs may be permitted in conjunction with the ground
and/or pole or monument signs provided they are permanently mounted
or affixed to the structure and advertise only goods and/or services
available on the premises. When used in conjunction with a ground
and/or pole sign, changeable copy signs must be located on the same
sign supports. Said sign shall not exceed twenty-four (24) square
feet per sign facing or forty-eight (48) square feet for the total
aggregate sign area. In no case shall the sign flash or contain any
other mechanical or electronic contrivance.
[Ord. No. 289 §12, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
[Ord. No. 289 §13, 4-20-1998; Ord. No. 420 §1, 12-18-2000; Ord. No. 743 §1, 6-15-2009]
A.
Intent And Purpose. The only allowable off-premise signs
will be billboards along the I-70 corridor and must meet the billboard
requirements as defined in the Code.
B.
Permit And Business License. A sign permit and business
license must be obtained from the City.
C.
Billboards.
1.
Billboards will be allowed in "M-1", "M-2" and "M-3" industrial zoned
districts. Billboards may be allowed in "C-2" or "C-3" commercial
zoned districts adjacent to Interstate 70 if approved through a conditional
use permit.
2.
Two (2) sets of drawings approved and sealed by a registered engineer
of the State of Missouri must accompany all applications. These plans
shall include at least the following:
a.
A set of plans, to scale, providing all necessary construction and
electrical details of the sign and sign structure including height.
Maximum height will be sixty (60) feet above building grade, or highway
grade, whichever is higher.
b.
The proposed location of the sign upon the property, including a
legal description and site map.
c.
The distance from the proposed sign location to any buildings upon
the property, adjoining street right-of-way lines and property lines
and driveway entrances.
d.
The distance from the proposed sign location to the next nearest
billboard sign on the same side of the street in either direction.
No billboard will be erected within two thousand eight hundred (2,800)
linear feet of any existing billboard on the same side of the highway.
e.
The distance from the proposed sign location to the nearest street
intersection in either direction.
f.
A representation of the proposed sign, to scale, including the width
and length of the sign faces.
g.
Before any City sign permit is valid, billboards or other outdoor
advertising must comply with all State and Federal laws.
3.
The Administrative Official may require any additional information
as deemed necessary to protect the health, safety and general welfare
of the public.
4.
Any billboard erected under this Chapter shall be documented by a
State of Missouri registered engineer and 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.
5.
All billboard signs must be a minimum of fifty (50) feet from all
non-residential structures and cannot extend over any structure.
6.
All billboards must be a minimum of fifty (50) feet from all property
lines.
7.
All billboards must be at least five hundred (500) lineal feet from
a residence, regardless of the zoning district.
8.
All 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.
9.
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.
10.
No sign shall be placed closer than one thousand (1,000) feet to
an intersection on a dual or proposed dual highway. No such sign shall
be so located to obstruct the vision of traffic using entranceways,
driveways or any public intersection.
11.
No sign shall be located on the right-of-way of any road or any slope
or drainage easement for such road.
12.
No billboard in the City of Foristell will be approved that advertises
a sexually orientated product, business or service.
D.
Electronic Billboards. Any structure or 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.
1.
Location. Electronic billboards shall only be permitted
along Interstate Highway 70.
2.
No electronic billboard shall be erected, located or placed within
two thousand eight hundred (2,800) feet of another electronic billboard
on either side of Interstate Highway 70. This distance shall be measured
along the nearest edge of the pavement at points directly opposite
the electronic billboard along each side of the highway and shall
apply to electronic billboards located on either side of the highway
in computing the distance between electronic billboards.
3.
No electronic billboard shall be located within two hundred fifty
(250) feet of an existing freestanding on-premises electronic message
sign.
4.
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.
5.
Transition of message. Where the electronic billboard
image or any portion thereof changes, the change sequence shall only
be accomplished by means of instantaneous repixelization.
6.
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.
a.
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.
b.
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.
c.
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.
d.
Audio speakers are prohibited in association with an electronic billboard.
e.
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 fifty-five (55) miles
per hour or greater.
f.
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.
g.
Provision of community and public service messaging. The owner of an electronic billboard shall enter into an agreement
with the City to provide the City no less than five (5) hours (one
thousand eight hundred (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.
h.
I-70 corridor billboard replacement. The owner
of a billboard existing on the effective date of the adoption of this
Code 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)
The property upon which the billboard is located shall be directly
adjacent to Interstate 70 right-of-way.
(2)
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.
(3)
No freestanding on-premise electronic message signs or billboards
shall be located on the property upon which an electronic billboard
is located.
(4)
The electronic billboard shall be located on the same property
within the property boundaries existing upon the effective date of
this Article and within two hundred fifty (250) feet of the existing
billboard being replaced.
(5)
The maximum number of sign faces or surfaces permitted on the
electronic billboard shall not exceed two (2).
[Ord. No. 289 §14, 4-20-1998; Ord. No. 743 §1, 6-15-2009]
A.
Automobile And Truck Service Stations — Convenience Stores
With Gasoline And Fuel Pumps.
1.
Allowable signs.
a.
Brand identification signs.
(1)
One (1) pole-mounted sign not exceeding seventy (70) square
feet per face. Multiple signs on a pole sign will require a conditional
use permit.
(2)
One (1) ground-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.
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 ten percent (10%)
of the total square footage of the building per street frontage. In
the instance of more than one (1) business housed in the same building,
each will be allowed an attached company logo.
b.
Signs placed on service station pumps or vending machines advertising
products sold or services offered are permitted. However, no vertical
or horizontal projection greater than six (6) inches from the service
of the pump is permitted.
c.
Federal and State stamps, octane ratings, pump use directions, no
smoking signs as required by Federal, State and local authorities.
No permit required.
d.
Other requirements.
(1)
Canopy use. An attached or detached canopy
may be used in lieu of the permitted pole sign for the location of
brand identification or company logos.
(2)
Special occasion or event or temporary signs must meet all requirements
of this Chapter. The Administrative Officer or their designee may
approve or disapprove of any sign that is not particularly covered
by the regulations of this Section.
[Ord. No. 743 §1, 6-15-2009; Ord. No. 762 §1, 5-17-2010]
A.
Temporary Business Signs For Promotional Events. "Promotional events signs" as herein defined, are temporary
business signs used for going out of business sales, grand openings,
and other out of the ordinary, unique sales and promotional events
such as sidewalk sales or sales including outdoor entertainment, are
permitted as follows:
1.
Number. Any one (1) business is limited to a maximum
of two (2) event sign displays per promotion.
2.
Duration. Any one (1) business is permitted to display
no more than two (2) promotional event sign(s) for up to two (2) weeks
in any quarter of the year. Said signs will be allowed for a maximum
of two (2) quarters per year and are subject to the Sign Code requirements
as to size and design criteria. Said promotional event sign(s) shall
be in good repair at all times, anchored in such a way that the sign
is not dangerous or distracting to the motoring public, torn or disfigured
making the sign illegible. No off-premise signs or banners will be
permitted unless exempted herein.
3.
Size. Promotional event signs, such as wall signs,
mansard signs, freestanding signs, signs on hot and cold air balloons
and banners shall not exceed forty-eight (48) square feet. The area
of streamers, balloons and similar displays shall not be limited or
included within this maximum square footage.
4.
Type. Promotional event signs may be wall signs,
mansard signs, freestanding signs, banners, pennants, streamers, flags
or similar displays. No flashing signs, changeable items of information
signs, electronic message signs, portable signs and sandwich boards
of similar signs are permitted.
5.
Inflatable aids, such as cold air balloons, are permitted at a height
not to exceed forty-eight (48) feet. Each business is permitted two
(2) such advertising devices per calendar year for a period not to
exceed thirty (30) days within any calendar year. Hot and cold air
balloons must remain securely affixed to the ground or the rooftop
of a permanent building. A permit is required.
a.
Height and location. Freestanding promotional event
signs including hot and cold air balloons must remain securely affixed
to the ground or rooftop of a permanent building.
6.
Promotional event signs in the form of wall signs, mansard signs,
banners, pennants or similar displays shall also not exceed the height
of the principal structure nor be erected upon or above the roof including
when hung from poles or other accessory structures, although promotional
event signs may be attached to or suspended from the roof's edge.
a.
Permit required. A permit is required for all promotional
event signs.
B.
Temporary Non-Business Special Event Signs.
1.
On-site identification sign. For a temporary event
of public interest such as a neighborhood garage sale, fund raiser,
church fair, carnival, festival, concert, parade or similar event,
two (2) wall, mansard, banner or freestanding signs, not over fifty
(50) square feet in area for each such sign nor over eight (8) feet
in height, located upon the site of the event, shall be permitted.
Such sign shall not be erected more than thirty (30) days before the
event and shall be removed not more than five (5) days after the event.
2.
Off-premise directional signs. A maximum of four
(4) off-premise directional signs located outside the public right-of-way
and four (4) square feet in area or less shall be permitted to be
erected a maximum of seventy-two (72) hours before the event and shall
be removed within twenty-four (24) hours after the event. Such signs
shall be either wall signs, mansard signs, banners or freestanding
signs a maximum of eight (8) feet in height. Additional signs may
be granted through a conditional use permit. No permit required.
C.
Subdivision Development Project Signs.
1.
On-site signs. Such signs 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 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 dwelling units have
been sold.
3.
Off-premise directional signs.
a.
These signs are for the purpose of directing potential home buyers
to an individual subdivision. These signs shall not exceed eight (8)
feet in height and thirty-two (32) square feet in sign face size.
Such signs shall be allowed to have two (2) faces if placed back-to-back.
The only permitted information allowed on off-premise directional
signs shall be the name of the subdivision, price range, builder(s)
names and an arrow or similar directional aid.
b.
These signs shall be out of any applicable rights-of-way, out of
the applicable sight triangles and shall require the approval of the
property owner. These signs shall be allotted by the total number
of lots in the subdivision as follows:
|
Lots in Subdivision
|
Off-Site Directional Signs Allowed:
| |
|---|---|---|
|
1 — 100
|
2
| |
|
101 — 250
|
4
| |
|
251 — 500
|
6
| |
|
More than 500
|
8
|
D.
Weekend Directional Signs.
1.
Shall not be placed as to interfere in any way with public health
or safety.
2.
Shall not be placed or displayed before sunset on Friday and shall
be completely removed, including all support structures, no later
than sunrise on Monday of the same week.
3.
Shall be freestanding and shall not exceed four (4) square feet in
area nor four (4) feet in height from the adjacent finished grade.
4.
Placement of such signs shall be prohibited on private property without
the express permission of the property owner. Such signs within State
right-of-way are further subject to the rules and regulations of the
Missouri Department of Transportation.
5.
The maximum number of signs to be placed or displayed for any one
(1) development shall not exceed one (l) sign for every two hundred
(200) feet.
6.
No such sign shall be attached to any utility structure, tree, fence
or any public or existing private sign standard.
7.
An annual permit shall be required for each development requesting
to place signs with the City. An annual permit fee for each sign will
be required as listed in Appendix A of the City Code. Failure to pay
the fee prior to placement of signs shall result in a citation. Each
sign shall be considered a separate violation.
8.
Failure to comply with the provisions of this Section shall result
in a citation being issued to the applicant for said sign permit or,
in the absence of a permit, the owner of the development being advertised.
Any and all illegal signs are subject to immediate removal by the
City.
9.
Weekend directional signs shall not be placed outside a three (3)
mile map radius of the subdivision. Any signs placed outside this
radius shall be subject to removal and citations issued to the applicant
for said sign permit or, in the absence of a permit, the owners of
the development being advertised.
E.
Public
venues, events or promotions that are co-sponsored by the City of
Foristell will be allowed to erect off-premise advertising signs for
the duration of their event or venue for a period not to exceed six
(6) months. Sign permit applications will be reviewed by City staff
and presented to the Board of Aldermen for approval. All signage must
meet the Sign Code requirements as to size and design criteria and
placement.
F.
Locally
grown products may be advertised on no more than two (2) off-site
premises for up to ninety (90) days a year, but only with an approved
permit. All signage must meet the Sign Code requirements as to size,
design criteria and placement.
[Ord. No. 226 §2, 12-11-1995]
The purpose of this Article is to establish regulations concerning
fences in the City of Foristell, Missouri.
[Ord. No. 226 §2, 12-11-1995; Ord. No. 720 §1, 12-3-2007]
The following words, when used in this Article, shall have meanings
set out herein:
A structure erected on a temporary basis to protect a construction
site from vandalism and unauthorized entry.
A structure, partition, privacy screen or wall erected at
grade as a dividing marker or barrier, for the purpose of enclosing
a piece of land, separating contiguous pieces of land, or marking
off a piece of land, used as a means of protection or confinement,
but not including hedges, shrubs, trees, or other natural growth.
The vertical distance measured from the side of the fence
that is exterior to the property and/or from the lowest adjacent ground
level to the top of the fence material.
A decorative structure, often site-obscuring, erected adjacent
to or around a patio, deck, courtyard, or swimming pool designed to
screen the area behind it or within its confines from observation
by persons outside its perimeter.
Opaque or having such qualities as to constitute a complete
visual barrier to persons outside the perimeter of the site-obscuring
object. A fence which partially obscures a site shall not be considered
site-obscuring if the distance between boards, slats, rails, stanchions,
or balusters equals or exceeds three (3) inches.
A fence whose principal material is wire. This includes,
but is not limited to, chain link fences.
[Ord. No. 226 §2, 12-11-1995]
It shall be unlawful for any person, firm or corporation to
construct, or cause to be constructed, any fence or privacy screen
upon any property within the City of Foristell without first having
obtained a permit. The owner, renter, or lessee of the property shall
be responsible for obtaining the permit, unless it can be demonstrated
that he/she has hired a contractor to erect the fence or privacy screen.
If a contractor has been hired to erect a fence or privacy screen,
then such person, firm or corporation shall be responsible for obtaining
the permit.
[Ord. No. 226 §2, 12-11-1995]
Any person, firm or corporation desiring to erect, build or construct or cause to be erected, or constructed a fence or privacy screen upon property in the City of Foristell shall first apply to the Building Commissioner for a permit and shall pay a fee as established in Appendix A to Chapter 400 hereof. A permit shall be issued only after the Building Commissioner has reviewed the application and has determined that the proposed fence or privacy screen complies with this Article.
[Ord. No. 226 §2, 12-11-1995; Ord. No. 720 §2, 12-3-2007]
All fences and privacy screens shall be constructed of standard
residential materials made of chain link, wrought iron, metal, plastic,
masonry, vinyl or wood. Other material types including wire would
require a conditional use permit. A fence constructed of any of the
preceding materials shall be permitted providing the Building Official
determines that the proposed fence is of structurally sound construction
and is compatible with the surrounding properties. All supporting
post, cross-members and protruding bolts, screws and/or hardware of
any fence and/or privacy screen shall be inside the lot and face toward
the interior of the lot of the person, firm or corporation who erects,
constructs or causes to have erected or constructed the site-obscuring
fence or privacy screen. Masonry pillars used in conjunction with
a fence made of approved materials shall be permitted upon the same
terms and conditions as the fence itself.
[1]
Editor's Note — Ord. no. 720 §3, adopted December
3, 2007, repealed section 405.200 "landscape treatment" in its entirety.
Former section 405.200 derived from ord. no. 226 §2, 12-11-1995.
At the editor's discretion, this section has been reserved for the
city's future use.
[Ord. No. 226 §2, 12-11-1995; Ord. No. 720 §4, 12-3-2007]
Fence or privacy screens are only permitted in the side and
rear yards and cannot exceed six (6) feet in height.
[Ord. No. 226 §2, 12-11-1995; Ord. No. 720 §5, 12-3-2007]
Electrified and barbed wire fences shall be permitted in "A-1"
zoning district when used in connection with an approved farming operation,
i.e., a tract of land having thereon an agricultural use.
[Ord. No. 226 §2, 12-11-1995; Ord. No. 720 §6, 12-3-2007]
A.
Barbed
wire, sharp points, affixed spikes, projecting nails or other dangerous
objects of any kind or description shall not be permitted as fencing
material in "R-1", "R-2", "R-3", "R-4" and "PD" zoning districts.
B.
Residential
fences shall not exceed six (6) feet in height.
C.
Rear And Side Yards. All fences shall be located entirely
upon the property and may be located on the property line of the respective
properties.
D.
Front Yard. No fence or privacy screen of any type shall
be built forward of the front line of the primary structure.
E.
Street Side Yards. All fences or privacy screen of any type
are required to have at least one (1) three (3) foot gate on the street
side. No fence or privacy screen shall be placed in a City, County,
or State right-of-way without a City, County, or State permit being
issued. Any fence or privacy screen erected in an easement location
can be removed without permission.
F.
(Reserved)
G.
Temporary
fences may be erected in conjunction with "display homes" in subdivisions
so long as the fences are removed within thirty (30) days following
the sale or transfer of the ownership of the home.
H.
Ornamental
dividers, plastic chains, post or like materials erected along driveways
or sidewalks shall not be considered a fence.
I.
There
shall be no fences consisting of one (1) or more strand wires constructed
in residential districts.
[Ord. No. 226 §2, 12-11-1995; Ord. No. 720 §7, 12-3-2007]
A.
Fences
higher than six (6) feet may be permitted for security and/or screening
purposes through a conditional use permit.
B.
Fences are permitted on any lot or paved area so long as they do not extend beyond the front building line, unless Planning and Zoning recommendation is granted by a conditional use permit as set forth by Section 400.110.
C.
Where
a fence is constructed to comply with screening requirements, all
fencing regulations regarding maintenance, material and height shall
apply.
[Ord. No. 226 §2, 12-11-1995]
All appeals and variances shall be processed so as to be in
compliance with Article III of this Chapter.
[Ord. No. 226 §2, 12-11-1995]
All fences shall be built by the party desiring the same so
as not to have any part of the fence encroaching upon adjoining property,
unless the owner of the property adjoining agrees, in writing, that
such fence may be erected on the division line of the respective properties.
All fences cannot be placed in a City, County, or State right-of-way
without a City, County, or State permit being issued. Any fence erected
in an easement location can be removed without compensation.
[Ord. No. 226 §2, 12-11-1995]
All fences shall comply with the relevant Section of the Zoning
Code as set out in this Chapter.
[Ord. No. 226 §2, 12-11-1995]
The City of Foristell shall not be responsible for the enforcement
of any agreement relative to mutual or separate payment for the cost
of construction of fences, nor shall the City be responsible for the
determination of the location of any fence to be erected, built or
constructed on a lot line.
[Ord. No. 226 §2, 12-11-1995]
A.
Any
person who erects, builds or constructs any fence or privacy screen
upon property which said persons owns or leases, or rents shall be
responsible for the repair, upkeep and maintenance of the fence and
privacy screen and any area adjacent thereto.
B.
Any
person who contracts with another or causes another to erect, build
or construct a fence or privacy screen shall be responsible for the
repair, upkeep and maintenance of that fence or privacy screen and
any area adjacent thereto.
C.
Any
person who owns property upon which a fence or privacy screen has
been constructed by a previous owner shall be responsible for the
care, upkeep and maintenance of the fence or privacy screen. If a
previously constructed fence is located upon a lot line, each successive
owner of the fence or privacy screen shall be responsible for its
care, upkeep and maintenance. If ownership of the fence located upon
a lot line is joint or cannot be determined, then each party owning
property adjacent to the fence shall be responsible for the care,
upkeep and maintenance of the fence facing their property. For the
purpose of this Subsection, the owner of a fence shall be deemed to
be any person, persons or their successors who purchase or otherwise
acquire the property from the person who originally erected or caused
a fence to be erected thereon.
D.
The
Building Commissioner or his/her designated personnel may inspect
any fence to determine whether it conforms with the provisions of
this Article. Any person who erects, constructs, builds or causes
to erect, construct or build a fence or has property upon which a
fence is located shall permit the Building Commissioner or his/her
designated personnel access to inspect said fence to determine whether
it complies with the provisions of this Article. When the Building
Commissioner or his/her designated personnel receives a complaint
that a fence has not been constructed, maintained or repaired as required
by this Article, the Building Commissioner or his/her designated personnel
shall give written notice at least five (5) days in advance of the
date of an intended inspection, to the parties interested, advising
them of the time and place that the fence will be inspected. The Building
Commissioner or his/her designated personnel shall then inspect said
fence at the arranged time and place and determine in writing if the
fence is required to be repaired or rebuilt. Written notification
of the results of said inspection shall be sent to the owner or person
responsible for the maintenance of the fence. If any person so notified
neglects or refuses to comply with the requirements of such determination
for a period of fifteen (15) days, then the Building Commissioner
or his/her designated personnel shall have the authority to cause
a complaint to be filed in court against the responsible party or
parties.
E.
All
fences erected prior to enactment of this Article shall be considered
non-conforming and as such shall be allowed to remain in place. However,
at such time when the parcel or lot in question is sold, transferred
or leased to another party, the fence will be either brought into
conformity or removed.
[Ord. No. 226 §2, 12-11-1995]
Any person violating any of the provisions of this Article is guilty of a misdemeanor and shall be punished as provided in Section 400.120 of this Title of the Municipal Code of Foristell.
