[R.O. 2004 § 420.060; Ord. No. 495 § 1, 7-17-2001]
For the purposes of this Chapter, the following
words and terms shall have the meanings respectively ascribed:
A sign with action or motion, flashing or color changes,
requiring electrical energy, electronic or manufactured sources of
supply, but not including wind-activated elements, such as flags,
banners or specialty items (not to include time and temperature signs,
safety warning signs and devices, revolving barber poles or display
signs).
A roof-like cover, made of fabric, over a door or window
and attached to a building.
Any piece of cloth or other flexible material used as a sign.
A roof-like cover extending over an entrance of a building
or over a service island such as fuel service pumps.
A sign that describes services available, function of, activities
conducted upon, use of premises or facilities used, maintained or
owned by any government entity.
Includes development by cooperative or collective or other
similar means of development through common ownership or through the
use of leasehold estates.
A sign designed to guide pedestrians or vehicular traffic.
A structure that is arranged, intended, designed or used
as an advertisement, announcement or direction and includes a sign,
screen billboard, poster panel and advertising devices of every kind.
Display sign includes electronically operated changing alpha-numeric
message signs. Display sign does not include animated signs or signs
placed on the inside of display cases or show windows fronted with
glass which do not protrude more than six (6) inches from the outside
surface of the building wall.
A piece of fabric attached to a staff.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or any other structure.
A highway which has been designated as a freeway on the major
thoroughfare plan but which is not part of the Federal interstate
system.
The historic business district includes one hundred fifty
(150) feet on both sides of the right-of-way of the following streets:
A sign that is artificially lighted either internally or
externally from a source of light connected with such sign.
A highway which is part of the Federal interstate system.
A roofed structure projecting from and supported by a building,
or freestanding when such roofed structure extends beyond the building
line, building wall or street lot line.
A display sign attached to or hung from a marquee.
The maximum height of a sign shall be measured from the elevation
of the point nearest the sign on the centerline of the public street
or highway nearest the sign upward to the elevation of the highest
part of the sign or its supporting structure, whichever is higher.
Notwithstanding the foregoing, unless otherwise specified in this
Chapter, all signs may have a height of eight (8) feet measured from
the ground location of the sign to the highest part of the sign or
its supporting structure, whichever is higher.
A house used as an example or sample of homes in a residential
area open for viewing.
A dwelling or group of dwellings on one (1) plat, each containing
separate living units for three (3) or more families, but which may
have joint services or facilities. This may include orphanages, housing
for elderly and handicapped, nursing homes, convalescent hospitals,
fraternities, sororities, cooperatives, rooming houses, boarding houses,
dormitories and residence halls.
A sign directly pertaining to an existing permitted use on
the property upon which said sign is located.
A house for sale or rent open for viewing.
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 systems.
A sign painted directly on the surface of buildings, walls
or fences.
A sign which is not designed or manufactured to be permanently
anchored or affixed to the ground, building or other structure, but
rather is designed or primarily used as a sign which is movable from
place to place and which includes, but is not limited to, signs affixed
to a trailer or other portable structure and "A" frame or sandwich
signs.
A display sign which is attached directly to the building
wall and which extends more than twenty-four (24) inches from the
face of the wall.
A display sign which is erected, constructed and maintained
above the roof of the building.
A separate and distinct commercially used area in single
ownership or under unified control, including more than one (1) separate
business establishment.
A sign indicating the name of the shopping center or industrial
park and/or names of businesses in the shopping center or industrial
park.
A structure that is arranged, intended, designed or used
as an advertisement, announcement or direction and includes a sign,
sign screen, outdoor advertising sign, billboard, poster panel and
advertising devices of every kind, but does not include signs placed
on the inside of display cases or show windows fronted with glass
which do not project more than six (6) inches from the outside surface
of the building wall.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground
including, but not limited to, advertising signs, outdoor advertising
signs, billboards and poster panels, but exclusive of customary fences
or boundary or retaining walls.
Total area of that part of a sign structure that carries
any sort of written or graphic materials or in any way conveys a message
as seen from any one (1) direction at any one time; except when cut-out
letters and/or graphics only are used for wall signs or only lettering
and/or graphics are used on awning signs in which cases the surface
area is measured as the area of the basic geometric shape that would
enclose the message and/or graphics. When individual cut-out letters
or graphics are installed on a wall, whether that wall be a part of
a building or other structure, the area of the basic geometric shape
that encloses the message is the surface area of the sign.
A commercial sign promoting or providing information concerning
a sale, event or activity which is occurring or shall occur on the
property where the sign is displayed.
A sign which displays the current time or outdoor temperature
or both, but which sets forth no other advertisement, other than the
name of the business or establishment located upon the premises where
such sign is located.
A sign attached to the wall of a building with the exposed
face of the sign in a plane parallel to the face of said wall, not
extending more than twenty-five percent (25%) above the roof line
or parapet of the building, nor more than twenty-four (24) inches
from the wall surface.
A display of pennants, streamers, whirligigs or similar devices
strung together and activated by wind.
[R.O. 2004 § 420.070; Ord. No. 495 § 2, 7-17-2001]
A.
No sign shall be erected in such a manner that it
will or reasonably may be expected to interfere with, obstruct, confuse,
distract or mislead traffic or be considered obscene or a nuisance
to the general public.
B.
No person, except a public officer or an employee
in the performance of a public duty, shall fasten any sign or notice
of any kind on any curbstone, lamppost, street or sidewalk surface,
pole, bridge or tree upon a public street, except for any banner attached
to a City street light standard for which an attachment permit has
been issued as provided herein. This prohibition is not to be construed
as prohibiting signs or notices indicating danger or aids to service
or safety or subdivision identification signs, as hereinafter defined,
to be erected with written permission from the Superintendent of Public
Works. Such signs or notices include, but are not limited to, advertisements
and announcements of buildings or land for sale or rent, garage sales,
private picnics and election campaign posters.
C.
No signs painted on buildings, walls or fences shall be allowed unless a variance is granted for such sign as provided for in Section 420.180 and/or Section 420.050(C).
D.
No wind signs shall be allowed.
E.
No freestanding, on-premises commercial sign, including
the supporting structures, shall be allowed to remain on any property
more than three (3) months after the business or uses advertised on
the sign have been discontinued.
F.
No sign shall be erected or maintained in a location
or in such a manner that any portion of the sign will be within ten
(10) feet, measured either horizontally, vertically or at any intermediate
angle, of any electric power line wire carrying a voltage in excess
of two hundred forty (240) volts, nor shall any sign be within ten
(10) feet of a vertical line extended upward from such an electric
power line wire.
G.
No portable signs shall be allowed unless a variance is granted for such sign as provided for in Section 420.180 and /or Section 420.050(C).
H.
No animated signs shall be allowed.
J.
No commercial signs shall be allowed except as provided
for in this Chapter.
K.
No commercial flags shall be allowed except that a
business may display one (1) flag no larger than forty (40) square
feet which bears the symbol or trademark or name of the business.
No further advertising shall be permitted on such flags.
L.
No display signs which contain or include electronically
operated changing alpha-numeric message signs shall be allowed.
[R.O. 2004 § 420.080; Ord. No. 495 § 3, 7-17-2001]
A.
All signs which have been lawfully erected shall be
deemed to be legal and lawful signs and may be maintained subject
to the provisions of this Section.
B.
Non-conforming signs which become deteriorated or
dilapidated to the extent of over sixty percent (60%) of the physical
value they would have if they had been maintained in good repair must
be removed within sixty (60) days. Non-conforming signs which are
damaged to the extent of sixty percent (60%) or less of their physical
value must be repaired within sixty (60) days from date of notification
or removed. Non-conforming signs which are damaged, other than by
vandalism, to the extent of over sixty percent (60%) of their physical
value must be removed within sixty (60) days of receiving such damage
or brought into compliance with the provisions of this Chapter. Non-conforming
signs which are damaged by vandalism to the extent of over sixty percent
(60%) of their physical value must be restored within sixty (60) days
or removed or brought into compliance with the provisions of this
Chapter.
C.
Non-conforming signs may not be enlarged or increased
in height.
D.
Non-conforming signs which are enlarged or increased
in height in violation of this Section must be removed.
E.
A non-conforming sign may not be relocated except
when such relocation brings the sign into compliance with this Chapter.
Non-conforming signs which are relocated in violation of this Section
must be removed.
F.
The sign face of a non-conforming sign may be altered
if the sign face is not thereby enlarged beyond the maximum area allowed
by this Chapter.
[R.O. 2004 § 420.090; Ord. No. 495 § 4, 7-17-2001]
A.
Permit Required. A permit is hereby required prior
to the erection, construction, reconstruction, alteration, moving,
conversion or maintenance of any sign, except as elsewhere exempted
by this Chapter.
B.
Application. Application for a permit shall be made
to the Superintendent of Public Works upon a form provided by the
City showing the plans and specifications of the proposed sign, including
dimensions, material and details of construction, including loads,
stresses and anchorage and any additional information as may be required
to assure compliance with the ordinances of the City. The application
shall be accompanied by the written consent of the owner or lessee
of the premises upon which the sign is to be erected.
C.
No permit for the erection, alteration or enlargement
of any sign shall be issued by the Superintendent of Public Works
unless:
D.
Permits issued hereunder shall become null and void
upon the expiration of six (6) months after the date of issuance if
the work authorized by such permit has not been completed.
E.
The Superintendent of Public Works may revoke any
permit issued by him/her pursuant to this Chapter upon failure of
the holder to comply with any of the provisions of this Chapter.
F.
Outdoor Advertising Fee. The permit fee for the review
of an application and permit for erection of outdoor advertising,
due to the requirement to have engineering plans reviewed and inspection
of the outdoor advertising during and after construction, shall be
the sum of five hundred dollars ($500.00). The fee shall be deposited
with the City Collector and is non-refundable. Thereafter, an outdoor
advertising license fee of one hundred dollars ($100.00) per year
per outdoor advertising shall be charged and collected as other business
license fees.
G.
Sign Fee. All signs, other than outdoor advertising
and temporary signs as set out below, shall pay a permit fee of ten
dollars ($10.00) for the review of an application and permit, due
to the requirement to have engineering plans reviewed and inspection
of the signs during and after construction. The fee shall be deposited
with the City Collector and is non-refundable.
[R.O. 2004 § 420.100; Ord. No. 495 § 5, 7-17-2001]
A.
Temporary signs may be allowed subject to the following
conditions:
B.
Application. The owner or lessee of the premises upon
which a sign is to be erected may file an application with the Planning
and Zoning Commission for approval of a sign plan upon forms provided
by the City, except if the proposed sign locations(s) is within a
planned zoning district. The application shall be accompanied by a
sketch showing the type, size and location of the signs proposed to
be erected upon the property or premises. Sign plans for planned zoning
districts approved prior to June 1, 2001, shall remain in effect.
C.
Approval Of Variance. The Planning and Zoning Commission
may approve such a plan allowing a variance in the number or particular
type of sign otherwise permitted by this Chapter, provided that:
1.
No unlawful signs shall be permitted.
2.
All non-conforming signs on the property or
premises shall be brought into compliance with the requirements of
this Chapter.
3.
Each sign meets the size, setback and other
limitations and requirements for that type or class of sign.
4.
The Board of Adjustment finds that the plan:
5.
No permit shall be issued for erection of a
sign on premises or property on which such a plan has been approved,
where the sign does not conform with the requirements of the plan,
without the removal at the applicant's expense of all signs permitted
by the plan and not otherwise permitted.
[R.O. 2004 § 420.110; Ord. No. 495 § 6, 7-17-2001]
A.
The following classes of signs shall be exempt from
application and registration and permit fee, provided that such exemption
shall not be construed so as to relieve the owner of the sign from
meeting all other standards for its erection, maintenance, size, location
and removal:
1.
Home for sale, rent, lease.
2.
Apartment for sale, rent, lease.
3.
Construction signs.
4.
Memorial signs or tablets, names of buildings
and dates of erection, when cut into masonry surface or when constructed
of bronze or other incombustible material.
5.
Government building signs erected on a municipal,
State or Federal building which announce the name, nature of the occupancy
and information as to use of or admission to the premises.
6.
Official signs furnished by the Superintendent
of the Missouri State Highway Patrol designating an official vehicle
inspection station in accordance with Section 307.365, RSMo. One (1)
such sign shall be allowed for each street frontage at all such official
vehicle inspection stations in addition to the signs allowed by the
following provisions.
7.
Non-commercial signs.
9.
Signs prohibiting peddlers, solicitors, hawkers,
itinerant merchants or transient vendors of merchandise when placed
upon private residential property.
10.
"No Parking" signs in conformance with the provisions
of this Chapter, provided the sign does not exceed eighteen (18) inches
by twenty-four (24) inches in dimension.
11.
Garage sale signs.
B.
Identification Of Resident's Name, Address Or Home
Occupation. One (1) on-premises sign for each street frontage not
exceeding four (4) square feet in sign surface area shall be allowed
to identify the resident, the street address and the home occupation.
C.
Single- Or Two-Family Home For Sale Or Rent. One (1)
on-premises sign for each street frontage not exceeding four (4) square
feet in sign surface area shall be allowed to indicate that a dwelling
unit is for sale or rent.
D.
Identification Of Multiple-Family Dwelling. One (1)
on-premises sign for each street frontage not exceeding fifteen (15)
square feet in sign surface area shall be allowed to identify the
residence.
E.
Multiple-Family Dwelling For Sale Or Rent. One (1)
on-premises sign for each street frontage not exceeding four (4) square
feet in sign surface area shall be allowed to indicate that a multiple-family
dwelling is for sale or rent.
F.
Identification Of Open House And Model Home. In the
case of an open house or model home a maximum of three (3) on- or
off-premises signs pertaining to a specific piece of property not
exceeding four (4) square feet in sign surface area per sign shall
be allowed, provided that the signs are permitted only during the
hours the home is open for viewing.
G.
Land For Sale Or Lease. One (1) on-premises sign not
exceeding twelve (12) square feet in sign surface area per acre, with
a maximum sign surface area reached at thirty-two (32) square feet,
shall be allowed to advertise land for sale or rent. For lots of less
than one (1) acre in size, a twelve (12) square foot sign shall be
allowed.
H.
Prohibition Of Peddlers, Solicitors, Hawkers, Itinerant
Merchants Or Transient Vendors Of Merchandise. One (1) on-premises
sign not exceeding one (1) square foot in sign surface area shall
be allowed for the purpose of prohibiting solicitors, peddlers, hawkers,
itinerant merchants or transient vendors of merchandise from coming
in or upon private residential property.
I.
Garage Sale Signs. One (1) on-premises sign not exceeding
four (4) square feet in sign surface area for each street abutting
the premises shall be allowed to advertise a garage sale conducted
upon the premises only during the actual time of the sale.
J.
Identification Of Temporary Real Estate Sales Office
In A Residential Zoning District. One (1) on-premises sign not exceeding
six (6) square feet in sign surface area and not exceeding four (4)
feet in height shall be allowed to identify a temporary real estate
sales office in a residential zoning district.
[R.O. 2004 § 420.120; Ord. No. 495 § 7, 7-17-2001]
A.
Business uses in the historic business district, with
the exception of shopping centers, office buildings, theaters, automobile
service stations, hotels and motels, shall be allowed the following
signs:
1.
Wall Signs. Each establishment shall be allowed on-premises wall, canopy and awning signs not to exceed the maximum surface area allowed under Section 420.150 of this Chapter. Establishments with rear entrances may also have one (1) wall or awning sign at the rear entrance not exceeding ten (10) square feet of sign surface area.
2.
Under Marquee Signs, Projecting Signs. Establishments
fronted by a canopy or marquee may have one (1) business identification
sign, nine (9) inches by forty-two (42) inches in size, suspended
below the canopy so that the bottom of said sign is at least nine
(9) feet above the grade.
3.
Roof Signs. Establishments of one (1) or two
(2) stories with the building set back from the public right-of-way
more than twenty (20) feet may have one (1) roof sign. The allowed
sign surface area shall be determined at the rate of two (2) square
feet of sign surface area per linear foot of building frontage. No
roof sign shall extend beyond the highest point of the roof upon which
it is located.
4.
Sale Or Lease Of Land. One (1) on-premises sign
not exceeding twelve (12) feet in sign surface area shall be allowed
to advertise the sale or lease of land.
5.
Sale Or Lease Of Building. One (1) on-premises
sign not exceeding twelve (12) square feet in sign surface area shall
be allowed to advertise the sale, rental or lease of office or commercial
space.
[R.O. 2004 § 420.130; Ord. No. 495 § 8, 7-17-2001]
A.
Number And Type. Business uses outside the historic
business district, with the exception of shopping centers, office
buildings, theaters, automobile service stations, hotels and motels,
shall be allowed two (2) of the following four (4) signs, but not
both a freestanding and a roof sign:
1.
Wall Signs. Each establishment may be allowed
any combination of on-premises wall, canopy or awning signs not to
exceed the maximum surface area allowed under this Chapter. Establishments
with rear entrances may also have one (1) wall or awning sign at the
rear entrance not exceeding ten (10) square feet of sign surface area.
2.
Projecting Signs. Each establishment may be
allowed one (1) on-premises sign not to exceed eight (8) feet in projection
from the building wall on each wall facing a street. In the case of
a one-story building, such signs may extend ten (10) feet above the
roof line or parapet of the building. In all other cases, such signs
shall not extend above the roof line or parapet of the building.
3.
Roof Signs. Each establishment of one (1) or
two (2) stories may be allowed one (1) on-premises roof sign for each
wall facing a street. The maximum sign surface area shall be determined
at the rate of two (2) square feet per linear foot of building frontage.
No roof sign shall extend beyond the highest point of the roof upon
which it is located.
B.
Sale Or Lease Of Land. One (1) on-premises sign not
exceeding twelve (12) square feet in sign surface area per one (1)
acre shall be allowed to advertise the sale or lease of land. A maximum
shall be reached at thirty-six (36) square feet. For lots of less
than one (1) acre in size, a twelve (12) square foot sign shall be
allowed.
C.
Sale Or Lease Of Building. One (1) on-premises sign
not exceeding twelve (12) square feet in sign surface area shall be
allowed to advertise the sale, rental or lease of office or commercial
space.
D.
Development Identification Signs. Each commercial
development, with the exception of shopping centers or "C-P" Districts,
shall be allowed one (1) identification sign limited to six (6) feet
in height and thirty-two (32) square feet.
[R.O. 2004 § 420.140; Ord. No. 495 § 9, 7-17-2001]
A.
The following signs shall be permitted at shopping
centers:
1.
Each separate business within the shopping center
shall be allowed:
a.
On-premises wall, canopy and awning signs on each wall facing a street not to exceed the maximum surface area allowed under Section 420.150 and on each wall that does not face a street but which does face the main shopping center parking area not to exceed sixty-four (64) square feet maximum surface area; or
b.
On-premises roof signs for each wall facing
a street or main shopping center parking area; total maximum sign
surface area of all such signs appearing above any one (1) wall to
be determined at the rate of four (4) square feet of sign surface
area per linear foot of wall length the business occupies.
2.
A business with a rear or side entrance shall
be allowed one (1) on-premises wall or awning sign not to exceed ten
(10) square feet in sign surface area for each such entrance. Roof
signs shall not extend beyond the highest point of the roofs upon
which they are located.
[R.O. 2004 § 420.150; Ord. No. 495 § 10, 7-17-2001; Ord. No. 619 § I, 7-20-2010]
A.
Freestanding Signs. One (1) freestanding sign may be allowed per adjacent street right-of-way and further regulated by Section 420.150 of this Chapter.
B.
Outdoor advertising shall be allowed within sixty
(60) feet of the nearest edge of the right-of-way of any interstate
(I-44) or freeway in areas zoned "C" or "M" subject to the following
regulations:
1.
Outdoor advertising shall be oriented toward
traffic on the interstate or freeway.
2.
No outdoor advertising along any interstate
shall be erected closer than two thousand (2,000) feet from any other
outdoor advertising. No outdoor advertising along any freeway shall
be erected closer than four thousand (4,000) feet from any other outdoor
advertising.
3.
No outdoor advertising shall be erected closer
than five hundred (500) feet from any area zoned "R-1."
4.
No outdoor advertising shall be erected closer
than five hundred (500) feet from any residential structure.
5.
No outdoor advertising shall be erected closer
than five hundred (500) feet from any church, school or park.
6.
No outdoor advertising shall be erected closer
than one thousand (1,000) feet from any historical site or historical
district so designated by the Federal, State or City Government.
7.
No outdoor advertising shall be erected closer
than one hundred (100) feet from any on-premises freestanding sign.
8.
(Reserved)
9.
The maximum height of outdoor advertising along
any interstate shall be forty-five (45) feet. The maximum height of
outdoor advertising along any freeway shall be thirty (30) feet.
10.
The maximum surface area of outdoor advertising
along any interstate shall be two hundred (200) square feet. The maximum
surface of outdoor advertising along any freeway shall be two hundred
(200) square feet.
11.
Outdoor advertising shall have only one (1)
sign surface area except that outdoor advertising may have two (2)
sign surface areas if the surface areas are oriented in opposite directions.
No V-shaped outdoor advertising shall be allowed.
12.
External lighting of outdoor advertising, 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 toward any residential structure or into any portion
of the main traveled way of the interstate or freeway and the lights
are not of such intensity so as to interfere with the residential
use of property or 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.
13.
No outdoor advertising shall have wind-activated
elements or any material which glistens or sparkles.
14.
No outdoor advertising shall be erected closer
than five hundred (500) feet from a City green space access easement,
green space conservation easement or green space trail easement.
C.
The following outdoor advertising regulations shall
apply along all highways, other than interstates or freeways, where
the City is mandated by law to allow outdoor advertising:
1.
Outdoor advertising shall be oriented toward
traffic on the highway.
2.
No outdoor advertising shall be erected closer
than one thousand (1,000) feet from any other outdoor advertising.
3.
No outdoor advertising shall be erected closer
than five hundred (500) feet from any area zoned "R-1" or any equivalent
County zoning.
4.
No outdoor advertising shall be erected closer
than five hundred (500) feet from any residential structure.
5.
No outdoor advertising shall be erected closer
than five hundred (500) feet froth any church, school or park.
6.
No outdoor advertising shall be erected closer
than five hundred (500) feet from any historical site or historical
district so designated by the Federal, State or City Government.
7.
No outdoor advertising shall be erected closer
than one hundred (100) feet from any on-premises freestanding sign.
8.
No outdoor advertising shall be erected within
five hundred (500) feet of an interchange or intersection at grade.
Such five hundred (500) feet shall be measured from the beginning
or ending of the pavement widening at the exit from or entrance to
the main traveled way.
9.
The maximum height of outdoor advertising shall
be twelve (12) feet.
10.
The maximum surface area of outdoor advertising
shall be seventy-two (72) square feet.
11.
Outdoor advertising shall have only one (1)
sign surface area except that outdoor advertising may have two (2)
sign surface areas if the surface areas are oriented in opposite directions.
No V-shaped outdoor advertising shall be allowed.
12.
External lighting of outdoor advertising, 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 toward any residential structure or into any portion
of the main traveled way of the highway and the lights are not of
such intensity so as to interfere with the residential use of property
or 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.
13.
No outdoor advertising shall have wind-activated
elements or any material which glistens or sparkles.
14.
No outdoor advertising shall be erected closer
than five hundred (500) feet from a City green space access easement,
green space conservation easement or green space trail easement.
15.
No outdoor advertising shall be erected farther
than sixty (60) feet from the nearest edge of the right-of-way of
the highway along which the City is mandated by law to allow outdoor
advertising.
16.
No outdoor advertising shall be erected outside
areas zoned "C" or "M."
D.
No outdoor
advertising, whether lighted or not, shall be erected so as to obscure
or interfere with a driver's operation of a motor vehicle or in any
other way constitutes a safety hazard. Any outdoor advertising which
is erected in accordance with the provisions of this Chapter and which
shall at any time thereafter be found to obstruct vision or constitute
a safety hazard, as may be determined by the Board of Aldermen, shall
be removed. The removal of any such outdoor advertising shall only
occur after a hearing before the Board of Aldermen wherein the owner
of the outdoor advertising shall be given the opportunity to be heard.
If the Board of Aldermen, after the reviewing of the evidence submitted,
finds that any such outdoor advertising obstructs vision and/or in
any other manner constitutes a safety hazard, the owner thereof shall
be given sixty (60) days to remove the offending outdoor advertising.
Appeals from the finding by the Board of Aldermen shall be as permitted
by law.
E.
Sale Or Lease Of Building. One (1) on-premises sign
not exceeding thirty-six (36) square feet in sign surface area shall
be allowed to advertise the sale, lease or rent of industrial space.
F.
Industrial Parks. In industrial parks, one (1) industrial
park master sign shall be allowed for each adjacent street right-of-way.
[R.O. 2004 § 420.160; Ord. No. 495 § 11, 7-17-2001]
A.
One (1) on-premises freestanding sign shall be allowed
for any religious or governmental entity. One (1) on-premises illuminated
wall sign for each street frontage for each such religious or governmental
unit.
B.
Except as otherwise allowed or restricted in this
Chapter, non-commercial signs are subject to the following restrictions:
1.
They shall be ground or wall signs, except when
placed in a location where other types of signs are allowed.
2.
They shall not exceed sixteen (16) square feet
in sign surface area per premises; provided that any non-commercial
sign may have a sign surface area as large as that of any allowable
sign in the same location.
3.
They shall not exceed a maximum height of ten
(10) feet; provided that any non-commercial sign may be as high as
any allowable sign in the same location.
4.
The area and height limitations of this Section
shall not apply to any non-commercial message placed on a structure
that has existed as non-conforming outdoor advertising.
5.
Any structure which may be lawfully used for
an on-premises commercial sign may be used for a non-commercial sign.
[R.O. 2004 § 420.170; Ord. No. 495 § 12, 7-17-2001]
[R.O. 2004 § 420.180; Ord. No. 495 § 13, 7-17-2001]
One (1) on-premises unilluminated construction
sign, a wall or freestanding sign which may indicate the names of
architects, engineers, builders, contractors, owners and financial
institutions shall be allowed at the site of construction, provided
such signs shall be erected only after the issuance of a City building
permit and removed upon issuance of a certificate of occupancy by
the City. The maximum height shall be eight (8) feet and the maximum
size shall be sixty-four (64) square feet.
[R.O. 2004 § 420.190; Ord. No. 495 § 14, 7-17-2001]
A.
In Historic Business District. One (1) on-premises
sign not exceeding eight (8) square feet in sign surface area, nor
three (3) feet in height as measured from the grade immediately below
the sign, shall be allowed at each automotive entrance and exit of
any establishment within the historic business district.
B.
Outside Historic Business District. Outside the historic
business district, one (1) on-premises sign, not exceeding thirty-two
(32) square feet in sign surface area nor three (3) feet in height
as measured from the grade immediately below the sign, shall be allowed
at each automotive entrance and exit of any establishment.
C.
Stand-Alone Automatic Teller Machine (ATM). One (1)
on-premises sign not exceeding eight (8) square feet in sign surface
area nor three (3) feet in height as measured from the grade immediately
below the sign shall be allowed at each automotive entrance and exit
to the ATM.
D.
Anything to the contrary in this Chapter notwithstanding,
theaters and drive-in theaters shall be allowed any two (2) of the
following five (5) types of signs:
1.
One (1) marquee sign not to exceed two (2) square
feet for every linear foot of building frontage.
2.
One (1) wall sign not to exceed the maximum surface area allowed under Section 420.150 of this Chapter.
3.
One (1) freestanding sign with a maximum of
two hundred eighty-eight (288) square feet in area and thirty (30)
feet in height. However, no sign shall be greater in area than thirty-two
(32) square feet for each screen in the theater, plus thirty-two (32)
square feet.
4.
Each establishment of one (1) or two (2) stories
may be allowed one (1) on-premises roof sign for each wall facing
a street. The maximum sign surface area shall be determined at the
rate of two (2) square feet per linear foot of building frontage.
No roof signs shall exceed the highest point of the roofs upon which
they are located.
E.
A stand-alone automatic teller machine shall be allowed
a total of seventy-five (75) square feet of wall or canopy sign surface
area. The sign surface area shall be determined as the area of the
basic geometric shape that encloses the message. Sign area for an
automated teller machine located within the footprint of an occupied
building shall be considered as part of the permitted wall sign surface
area for the occupied building.
[R.O. 2004 § 420.200; Ord. No. 495 § 15, 7-17-2001]
A.
Freestanding signs shall be regulated by the following
Table of Sign Regulations in accordance with the more detailed regulation
of this Section:
|
TABLE OF SIGN REGULATIONS — FREESTANDING
SIGNS
| |||
|---|---|---|---|
|
Zoning District/ Street Class
|
R-1, R-2, and A-1
|
C-1, C-2 Outside The Central Business
District, C-3
|
M-1 and M-C
|
|
Local Residential
|
32 square feet maximum area, 6 feet maximum
height
|
32 square feet maximum area, 6 feet maximum
height
|
32 square feet maximum area, 6 feet maximum
height
|
|
Collector Or Local Non-Residential
|
32 square feet maximum area, 6 feet maximum
height
|
64 square feet maximum area, 12 feet maximum
height
|
64 square feet maximum area, 12 feet maximum
height
|
|
Arterial
|
32 square feet maximum area, 6 feet maximum
height
|
64 square feet maximum area, 12 feet maximum
height; for each 1.25 feet setback, add 3.55 square feet/128 maximum
and 1 foot height to 30 feet maximum
|
64 square feet maximum area, 12 feet maximum
height; for each 1.25 feet setback, add 3.55 square feet/128 maximum
and 1 foot height to 30 feet maximum
|
|
Expressway
|
32 square feet maximum area, 6 feet maximum
height
|
64 square feet maximum area, 12 feet maximum
height; for each 1.25 feet setback, add 3.55 square feet/128 maximum
and 1 foot height to 30 feet maximum
|
64 square feet maximum area, 12 feet maximum
height; for each 1.25 feet setback, add 3.55 square feet/128 maximum
and 1 foot height to 30 feet maximum
|
|
Interstate Freeway
|
32 square feet maximum area, 6 feet maximum
height
|
128 square feet maximum area, 30 feet maximum
height; for each 2.00 feet setback, add 10.65 square feet/288 maximum
and 1 foot height to 45 feet maximum
|
128 square feet maximum area, 30 feet maximum
height; for each 2.00 feet setback, add 10.65 square feet/288 maximum
and 1 foot height to 45 feet maximum
|
B.
The interstate and freeway category in Subsection (A) shall apply only to property within one hundred (100) feet of the right-of-way of Interstate 44.
C.
Freestanding signs located on interior lots shall
be set back from each side lot line a distance equal to twenty-five
percent (25%) of the lot width. On corner lots, the side setback shall
be equal to twenty-five percent (25%) of the lot width and applied
only to the side lot line not adjacent to a street right-of-way.
D.
Freestanding signs shall, at a minimum, be set back
ten (10) feet from the right-of-way line, except that freestanding
signs located on through lots shall be set back from the right-of-way
lines no more than one-half (1/2) the lot depth. Freestanding signs
located on corner lots abutting three (3) or more street rights-of-way
shall be set back from the front and rear lot lines no more than one-half
(1/2) the lot depth.
E.
Where increased sign area and height are allowed by
reason of increased setback, the setback shall be measured from the
point of minimum setback.
F.
Shopping centers shall be allowed one (1) freestanding
master sign per adjacent street right-of-way. A sign shall not exceed
sixty-four (64) square feet in area per acre of land containing the
shopping center to a maximum of two hundred eighty-eight (288) square
feet or one-half (1/2) square foot in area for each linear foot of
the adjacent street right-of-way the sign is oriented toward, whichever
is greater, except that when an adjacent street is an arterial street
designated for collector street sign regulations, freestanding signs
shall be regulated by collector street provisions of the Table of
Regulations. Maximum height of shopping center master signs shall
be thirty (30) feet.
G.
In planned office, planned business and planned unit
development districts, freestanding sign area, height, placement and
number shall be subject to review and approval of development plans
or final development plans. Specific regulations shall be recommended
to and approved by the Board of Aldermen as part of a development
plan or final development plan or, in the case of minor revisions,
by the Planning and Zoning Commission or the Director of Planning
and Development. Changes to specific sign regulations within a development
plan shall only be approved through compliance with zoning ordinance
procedures for review and approval of development plans and final
development plans and changes to them.
H.
Freestanding sign regulations for "R-1," "R-2," "R-3,"
"R-4," "MH" and "MH-R1" Zoning Districts found in the Table of Regulations
shall only be applicable to signs described in Section 23-11(e) and
(l).[1] Any non-residential uses allowed in the "A-1," "R-1,"
"R-2," "R-3" and "R-4" Districts shall be allowed freestanding signage
in accordance with the Table of Sign Regulations in this Section.
1.
On-premises wall, canopy and awning signs shall
be regulated by the following Table of Sign Regulations in accordance
with the more detailed regulations of this Section:
|
TABLE OF SIGN REGULATIONS — ON PREMISES
WALL, CANOPY AND AWNING SIGNS
| |||||
|---|---|---|---|---|---|
|
Zoning District/ Street Class
|
R-1, R-2, and A-1
|
R-3, R-4, MH and MH-R1
|
O-1, O-2
|
C-1, C-2 and C-3
|
M-1 and M-C
|
|
Local Residential
|
32 square feet maximum area
|
32 square feet maximum area
|
32 square feet maximum area
|
32 square feet maximum area
|
32 square feet maximum area
|
|
Collector Or Local Non-Residential
|
32 square feet maximum area
|
32 square feet maximum area
|
48 square feet maximum area
|
64 square feet maximum area; except that if
the business does not have a freestanding sign, for each 1.25 feet
of setback, add 3.55 square feet to a 128 square feet maximum area
|
64 square feet maximum area; for each 1.25 setback,
add 3.55 square feet to a 128 square feet maximum area
|
|
Arterial
|
32 square feet maximum area
|
32 square feet maximum area
|
64 square feet maximum area
|
64 square feet maximum area; for each 1.25 feet
setback, add 3.55 square feet to a 192 square feet maximum area
|
64 square feet maximum area; for each 1.25 feet
setback, add 3.55 square feet to a 192 square feet maximum area
|
|
Expressway
|
32 square feet maximum area
|
32 square feet maximum area
|
64 square feet maximum area
|
64 square feet maximum area; for each 1.25 feet
setback, add 3.55 square feet to a 256 square feet maximum area
|
64 square feet maximum area; for each 1.25 feet
setback, add 3.55 square feet to a 256 square feet maximum area
|
|
Interstate Freeway
|
32 square feet maximum area
|
128 square feet maximum area
|
128 square feet maximum area
|
128 square feet maximum area; for each 2.00
feet setback, add 10.65 square feet/288 maximum
|
128 square feet maximum area; for each 2.00
feet setback, add 10.65 square feet/288 maximum
|
2.
The interstate and freeway category in the above "Table Of Sign Regulations" in Subsection (H)(1) shall apply only to property within one hundred (100) feet of the right-of-way of Interstate 44 and property, either in whole or in part, within one thousand (1,000) feet of the midpoint of the intersections with Interstate 44.
3.
Street classifications are defined by the major
thoroughfare plan of the City of Bourbon, Missouri, and the subdivision
regulations of the City of Bourbon. Zoning categories are defined
by the Zoning Ordinance and the Zoning District Map of the City of
Bourbon.
4.
Where increased sign area is allowed by reason
of increased setback, the setback shall be measured from a point thirty-five
(35) feet from the curb or, if there is no curb, then thirty-five
(35) feet from the edge of the pavement.
5.
The surface area of any wall sign shall not
exceed fifteen percent (15%) of the area of the wall or twenty percent
(20%) of the area of the wall if the business does not have a freestanding
sign.
6.
In planned office, planned business and planned
unit development districts, on-premises wall, canopy and awning sign
surface area shall be subject to review and approval of development
plans or final development plans. Specific regulations shall be recommended
to and approved by the Board of Aldermen as part of a development
plan or final development plan or, in the case of minor revisions,
by the Planning and Zoning Commission or the Director of Planning
and Development. Changes to specific sign regulations within a development
plan shall only be approved through compliance with zoning ordinance
procedures for review and approval of development plans and final
development plans and changes to them.
7.
When an establishment has frontage on more than
one (1) street, the sign surface area for wall, canopy and awning
signs shall be determined separately for each street.
[1]
Editor's Note: So in original.
[R.O. 2004 § 420.210; Ord. No. 495 § 16, 7-17-2001]
A.
Motels and hotels shall be allowed the following signs:
1.
Wall Signs. Motels and hotels shall be allowed on-premises wall, canopy and awning signs on each wall facing a street, with the sign surface area not to exceed the maximum surface area allowed under Section 420.150 of this Chapter.
2.
Projecting Sign. Except in the central business
district, one (1) on-premises projecting sign not to exceed eight
(8) feet in projection from the building wall shall be allowed on
each wall facing a street. In the case of a one (1) story building,
such signs may extend ten (10) feet above the roof line or parapet
of the building. In all other cases such signs shall not extend above
the roof line or parapet of the building.
4.
Supplemental Signs. Supplemental signs not to
exceed three (3) for each street frontage may be used to advertise
additional facilities and services (restaurant, bar, nightclub, etc.)
available at the motel or hotel. Such supplemental signs shall be
wall signs and shall have a maximum sign surface area of one hundred
(100) square feet per street frontage.
5.
Marquee Signs. Motels and hotels with an entrance
marquee shall be permitted a marquee sign with a maximum sign surface
area not to exceed two (2) square feet per linear foot of frontage
for the marquee.
[R.O. 2004 § 420.220; Ord. No. 495 § 17, 7-17-2001]
Time and temperature signs with a maximum sign
surface area of thirty (30) square feet may be placed in any commercial
or industrially zoned district, subject to all other restrictions
on signs in the commercial or industrially zoned district in which
they are placed.
[R.O. 2004 § 420.230; Ord. No. 495 § 18, 7-17-2001]
A.
It shall be the duty of the Superintendent of Public
Works to enforce the provisions of this Chapter and to refuse to issue
any building permit for any sign which would violate all of the provisions
hereof and such Superintendent of Public Works or any deputy or inspector
working under his/her direction, by and with the consent of the Superintendent
of Public Works, is hereby authorized and instructed to arrest, prosecute
or bring any proceedings in a proper court in the name of the City
against any person violating any of the terms of this Chapter. In
case any sign is erected, constructed, reconstructed, altered, moved,
converted or maintained, or any sign is used in violation of this
Chapter, such Superintendent of Public Works is hereby authorized
and directed to institute any appropriate action or proceedings to
prevent such unlawful erection, maintenance, construction, reconstruction,
alteration, repair, conversion or use, to restrain, correct or abate
such violation and to prevent any illegal act.
B.
In case any sign is erected, constructed, reconstructed,
altered, moved, converted or maintained, or any sign is used in violation
of this Chapter, the proper local authorities of the municipality,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, moving, conversion, maintenance or use, to restrain, correct
or abate such violation. Such regulations shall be enforced by the Superintendent
of Public Works who is empowered to cause any sign or premises to
be inspected and examined and to order in writing the remedying of
any condition found to exist therein or thereat in violation of any
provision of the regulations enumerated herein.
C.
The owner or general agent of a building or premises
where a violation of any provision of the regulations of this Chapter
has been committed or shall exist, or the lessees or tenant of an
entire building or entire premises where such violation has been committed
or shall exist, or the general agent, architect, builder, contractor
or any other person commits, takes part or assists in any such violation
or who maintains any sign or premises in which any such violation
shall exist shall be guilty of a misdemeanor punishable by a fine
of not less than ten dollars ($10.00) and not more than one hundred
dollars ($100.00) for each and every day that such violation continues;
but if the offense be willful, on conviction thereof, the punishment
shall be a fine of not less than one hundred dollars ($100.00) or
more than two hundred fifty dollars ($250.00) for each and every day
that such violation shall continue or imprisonment for ten (10) days
for each and every day such violation shall continue, or both such
fine and imprisonment in the discretion of the court. Any such person
who, having been served with an order, within ten (10) days after
such service shall continue to violate any provision of this Chapter
made under authority of this Chapter in the respect named in such
order shall also be subject to a civil penalty of two hundred fifty
dollars ($250.00).
D.
The Planning and Zoning Commission may, in appropriate
cases and subject to appropriate conditions and safeguards, make recommendation
to the Board of Aldermen for exceptions to the terms of this Chapter
in harmony with its general purpose and intent. The Board of Aldermen
shall have the following powers:
1.
To hear and decide appeals where it is alleged
there is all error in an order, requirement, decision or determination
made by an administrative official in the enforcement of this Chapter.
2.
In passing upon appeals, where there are practical
difficulties or unnecessary hardship in the way of carrying out the
strict letter of the provisions of this Chapter, to vary or modify
the application of any of the regulations or provisions of such Chapter
relating to the use, construction or alteration of outdoor advertising,
panelboards, signboards and signs so that the spirit of this Chapter
shall be observed, public safety and welfare secured and substantial
justice done.
E.
Appeals to the Board of Aldermen pursuant to this
Section shall be submitted in accordance with the procedure set forth
for appeals from the Planning and Zoning Commission.
F.
The criteria used for granting variances to this Chapter
shall be as follows:
[R.O. 2004 § 420.240; Ord. No. 495 § 19, 7-17-2001]
A.
The Superintendent of Public Works is authorized to
remove unlawful signs on street right-of-way and on property owned
by the City.
B.
The Superintendent of Public Works is authorized to order the owner of any private property to remove or bring into compliance any unlawful sign on the owner's property within a reasonable time specified by the Director. The order shall require the unlawful sign to be removed or brought into compliance unless the owner, within ten (10) days of receipt of the order, appeals the matter to the Board of Adjustment pursuant to Section 405.370 of this Code. If the Board finds that the sign is unlawful, it shall order the sign removed or brought into compliance within a specified time.
C.
If a sign is not removed or brought into compliance
as specified in an unappealed order of the Superintendent of Public
Works or as specified by the Board of Adjustment, the Superintendent
of Public Works may cause the sign to be removed. The Superintendent
of Public Works shall submit the actual cost of such removal to the
owner of the property. If the owner does not pay the cost within thirty
(30) days of receipt, the Superintendent of Public Works shall certify
the cost to the Director of Finance who shall cause a special tax
bill against the property to be prepared and collected. The tax bill
shall be due and payable from the date of issuance and shall be a
lien on the property from the date of issuance until paid. Tax bills
issued pursuant to this Section shall bear interest from the date
of issuance at the rate of nine percent (9%) per annum.
D.
The remedies provided in this Section are not exclusive
but are in addition to other remedies provided for in this Code.
