Cross References — As to buildings and building regulations, ch. 500; as to posting notices and signs, §215.920; as to zoning, ch. 400.
State Law References — Billboards, §§226.500
et seq., RSMo.
[Ord. No. 4609 §1, 3-2-2015[1]]
A.
It is the intent of this Chapter to regulate and control the location,
erection, number and maintenance of signs and matters relating thereto
within the City of Brentwood in order to promote public safety, health
and general welfare of the community, without infringing upon the
rights granted by the First Amendment to the Constitution of the United
States of America. These regulations are specifically designed to:
1.
Provide for uniform regulation and orderly development of signs
consistent with established polices and ordinances of the City;
2.
Further the goals and policies of the City Comprehensive Plan;
3.
Prohibit hazardous and dangerous signs; and
4.
Provide a desirable and attractive living and work environment
through harmonious and uniform signage.
[1]
Editor's Note: Section 1 of this Chapter superseded former
Ch. 410, Signs and Advertising Devices, as adopted by Ord. No. 3605
§1 (Exh. A), 8-17-1998, as amended.
[Ord. No. 4609 §1, 3-2-2015]
The provisions of this Chapter shall apply to all signs in the
City, as herein defined, unless otherwise provided by this Chapter.
Every sign shall comply with all other applicable ordinances of the
City. In case of a conflict between provisions of this Chapter and
other applicable provisions, the more restrictive shall govern. Any
sign not specifically provided for herein as a permitted sign or a
prohibited sign shall be designated as a permitted sign or a prohibited
sign by the Director consistent with Section 410.010's stated
intent, and the most closely applicable provisions of this Chapter.
If said sign is designated as a permitted sign, then said sign shall
be subject to all limitations and provisions stated herein for a permitted
sign which is most similar to said sign.
[Ord. No. 4609 §1, 3-2-2015]
Words and phrases used in this Chapter shall have the meanings set forth in this Section. Words and phrases not defined in this Section, but defined in the Zoning Ordinance of the Brentwood City Code, shall be given the meanings set forth in such ordinance. Principles for computing sign area and sign height are contained in Section 410.130. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Chapter.
Any sign designed to use movement or change of lighting to
depict action or create a special effect or scene.
A permanent sign of lightweight fabric or similar material
that is mounted on a building or pole.
Any light with one or more beams directed into the atmosphere
or directed at one (1) or more points not on the same zone lot as
the light source; also, any light with one (1) or more beams that
rotate or move, including strobe lights.
Any sign which is:
Any sign attached to any part of a building, as contrasted
with a freestanding sign.
A roof-like structure extending from a building entry that
provides pedestrians protection from the weather, which is not intended
to be driven under.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight (8) times per day shall be considered an animated sign and not
a changeable copy sign for purposes of this Chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature"
portion of a sign and not a changeable copy sign for purposes of this
Chapter.
Property frontage on any of the following: Brentwood Boulevard,
Eager Road (between Hanley Road and Brentwood Boulevard), Strassner
Drive, Hanley Industrial Court, Hanley Industrial Drive, Hanley Road,
Manchester Road and any street in a commercially developed area deemed
a commercial street by the Board of Aldermen.
A narrative and graphic depiction of the proposed or existing
signs on each zone lot.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction.
The Planning and Zoning Administrator of the City or his
or her designee.
The period from thirty (30) days prior to any election voted
in by the residents of Brentwood until three (3) days after that election.
Any sign, or portion of a sign, that displays an electronic
image, which may or may not include text, where the rate of change
is electronically programmed and can be modified by electronic processes.
Electronic message signs include computer programmable, microprocessor,
or controlled electronic displays, and the images can be produced
from LED technology, fiber optics, light bulbs, or other illumination
devices within the display area. Electronic message signs do not include
projected images or messages projected onto buildings or other objects.
To build, construct, attach, hang, place, suspend or affix
and shall also include the painting of wall signs.
The surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
Any sign not attached to a building and which is supported
by uprights, posts, braces or a solid base not attached to any part
of a building. This category does not include a post sign. There is
no space between the bottom of the ground sign and the ground.
Any sign which has characters, letters, figures, designs
or outlines illuminated by electric light or luminous tubes as part
of the sign proper.
A sign which is too small to be legible from a position off
the premises.
A letter, character or symbol used to represent a person,
corporation or business enterprise.
Any piece or parcel of land or a portion of a subdivision,
the boundaries of which have been established by some legal instrument
of record, that is recognized and intended as a unit for the purpose
of transfer of ownership.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Any sign attached to in any manner, or made a part of, a
marquee.
Any sign that does not conform to the requirements of this
Chapter.
A sign located on property not owned or leased by the owner
of the sign.
A sign located on property owned or leased by the owner of
the sign.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any association, company, corporation, firm, organization
or partnership, singular or plural, of any kind.
See "post sign."
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
Any sign not attached to a building or structure and supported
by one (1) or more stationary poles, posts or standards. A post sign
is also known as a "pylon sign" or "pole sign."
The building in which is conducted the principal use of the
zone lot on which it is located. Zone lots with multiple principal
uses may have multiple principal buildings, but storage buildings,
garages and other clearly accessory uses shall not be considered principal
buildings.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than twelve (12) inches beyond the surface
of such building or wall.
See "post sign."
Any sign located on property used for a residential use or
a sign located on vacant property within a residential district.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign erected or constructed as an integral part or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six (6) inches.
The distance from the property line to the nearest part of
the applicable building, structure, or sign, measured perpendicularly
to the property line.
Any device, fixture, placard or structure that uses any color,
form, graphic, illumination, symbol or writing to advertise, announce
the purpose of, or identify the purpose of a person or entity, or
to communicate information of any kind.
A narrative and graphic depiction of the proposed or existing
signs on each zone lot.
A strip of land or way subject to vehicular traffic (as well
as pedestrian traffic) that provides direct or indirect access to
property, including, but not limited to, alleys, avenues, boulevards,
courts, drives, highways, lanes, places, roads, terraces, trails,
or other thoroughfares.
The distance for which a lot line of a zone lot adjoins a
public street, from one (1) lot line intersecting said street to the
furthest distant lot line intersecting the same street.
The molding, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign or banner that is used only temporarily, meaning
for a period of less than four (4) weeks, and is not permanently mounted.
Any sign displayed for a period greater than four (4) weeks is considered
a permanent sign.
Any sign attached parallel to, but within twelve (12) inches
of, a wall, painted on the wall surface of, or erected and confined
within the limits of an outside wall of any building or structure
which is supported by such wall or building, and which displays only
one (1) sign surface.
A sign affixed to the inside of an exterior window or glass
door.
A parcel of land in single ownership that is of sufficient
size to meet minimum zoning requirements for area, coverage, and use,
and that can provide such yards and other open spaces as required
by the zoning regulations.
As described in the Zoning Ordinance (Chapter 400) and designated on the Zoning District Map, for the City of Brentwood, with the exception of institutional use which includes public/private schools, religious organizations and not-for-profit organizations. Institutional use is not a zoning district in the City of Brentwood.
[Ord. No. 4609 §1, 3-2-2015]
A.
The following signs shall be exempt from regulation under this Chapter:
1.
The erection, construction and maintenance of official traffic
signs, signals, and any public notice or warning required by a valid
and applicable Federal, State or local law, regulation or ordinance.
2.
Signs for the control or direction of traffic and other authorized
public purposes related to the promotion of the health, safety and
welfare of the general public as required by the City or other governmental
authority.
3.
Any lot in a residentially zoned area that is on the market
for sale or lease shall be permitted one (1) additional sign of six
(6) square feet per sign face and a maximum of two (2) sign faces.
a.
Institutional uses within a residentially zoned area that are
on the market for sale or lease shall be permitted one (1) additional
sign of sixteen (16) square feet per sign face and a maximum of two
(2) sign faces.
4.
Any lot in a commercial zoned area that is on the market for
sale or lease shall be permitted one (1) additional sign of sixteen
(16) square feet per sign face and a maximum of two (2) sign faces.
5.
One (1) ground sign of six (6) square feet or less in all residential
districts, provided, in each instance, that any such sign is located
on private property with the owner's permission. Additional ground
signs are permitted under this Chapter during the election season,
not to exceed the total number of questions or candidates on the ballot
for the ensuing election.
6.
Ground signs, sixteen (16) square feet or less, are permitted
under this Chapter for commercial and industrial zoning districts
during the election season, not to exceed the total number of questions
or candidates on the ballot for the ensuing election.
7.
Incidental signs.
8.
Traffic control signs on private property, such as stop, yield
and similar signs, the face of which meet Department of Transportation
standards.
[Ord. No. 4609 §1, 3-2-2015]
A.
Signs shall be allowed on private property in the City in accordance
with the provisions of this Chapter.
1.
Every property shall have the street address prominently displayed,
in a size which permits reading from the street, at a location immediately
adjacent to or above every entry or exit door. No permit is necessary
for this type of signage.
2.
Permitted signage subject to the size and location limitations
detailed in this Chapter:
a.
Residential district signage.
(1)
A sign up to one (1) square foot in area mounted
on the wall next to the main entry door subject to issuance of a sign
permit (suggested use: home occupation sign).
(2)
Residential subdivision or development
monument signs. Two permanent signs, not exceeding thirty-two
(32) square feet in size per face, shall be allowed per development.
Exception: Where the development has access to two (2) or more streets,
or has more than one (1) entrance on one (1) street, such signs shall
be allowed at each entrance. Such signs shall not exceed eight (8)
feet in height from the surrounding grade to the highest point of
the sign (suggested use: subdivision or development identification
signage, e.g. York Woods). A sign permit is required.
(4)
On-site construction signs for developments with
one (1) to two (2) lots, with only one (1) such sign per lot not to
exceed six (6) square feet in gross sign area per face with a maximum
of two (2) faces. Such a sign shall not be erected in a public right-of-way
and shall be removed no later than ten (10) days after the receipt
of an occupancy permit for a building or development or ten (10) days
after completion of the work if no occupancy permit is required. A
sign permit is required.
(5)
For developments with three (3) lots or greater,
one (1) sign, not to exceed forty-eight (48) square feet in gross
sign area per face with a maximum of two (2) faces if placed back
to back. For developments with three (3) lots or greater with two
(2) street frontages, either one (1) forty-eight-square-foot sign
with a maximum of two (2) faces if placed back to back, or one (1)
V-shaped sign with two (2) faces not to exceed forty-eight (48) square
feet per face, located where the two (2) street frontages intersect
are allowed. For developments with three (3) lots or greater, one
additional sign per lot having a maximum size of eighteen (18) inches
by twenty-four (24) inches. For all other sign configurations for
developments with three (3) lots or greater, on-site construction
signs are subject to review and approval by the Public Works Committee.
A sign permit is required.
b.
Signage for all other zoning districts or uses.
(1)
Ground signs for commercial developments (suggested
use: development identification sign). A sign permit is required.
(3)
One (1) wall sign per commercial street frontage. A sign permit is required. See Section 410.120(A)(2).
(4)
One (1) ground sign per commercial street frontage. Under certain circumstances described in Section 410.120(A)(5)(a), a projecting sign may be substituted for the ground sign. A sign permit is required.
(5)
Window signage subject to the limitations of Section 410.120(A)(4).
(6)
Incidental signage. A sign permit
is required.
(7)
On-site construction signs, with only one (1) such
sign per entire development not to exceed seventy-two (72) square
feet in gross sign area shall be permitted. Such signs shall be allowed
to have two (2) seventy-two-square-foot faces if placed back-to-back
or in a "V" shape. Such a sign shall not be erected in a public right-of-way
and shall be removed ten (10) days after the receipt of an occupancy
permit for a building or development or ten (10) days after completion
of the work if no occupancy permit is required. A sign permit is required.
[Ord. No. 4609 §1, 3-2-2015]
A.
No permanent or temporary signs shall be allowed in the public right-of-way
except for the following:
1.
Public signs erected by or on behalf of a governmental body
to post legal notices, identify public property, convey public information,
and direct or regulate pedestrian or vehicular traffic.
2.
Bus stop signs erected by a public transit company.
3.
Informational signs of a public utility regarding its poles,
lines, pipes or facilities.
4.
Signs in place less than three (3) days and as defined by and
in accordance with other existing City ordinances, and with the permission
of the Director of Planning and Development (recommended use: garage
sale and open house signs).
5.
Emergency warning signs erected by a governmental agency, a
public utility company, or a contractor doing authorized or permitted
work within the public right-of-way.
B.
Other Signs In The Public Right-Of-Way Forfeited. Any sign installed or placed on public property, except in conformance
with the requirements of this Section, shall be forfeited to the City
and subject to confiscation. In addition to other remedies hereunder,
the City shall have the right to recover from the owner or person
placing such a sign the full costs of removal and disposal of such
sign.
[Ord. No. 4609 §1, 3-2-2015]
A.
All signs not expressly permitted under this Chapter or exempt from
regulation hereunder in accordance with the provisions of this Chapter
are prohibited in the City. Such signs include, but are not limited
to:
1.
Beacons;
2.
Pennants;
3.
Freestanding residential;
4.
Roof signs;
5.
Portable signs;
6.
Individuals dressed in costume intended to attract attention
as human signs to a business for advertising purposes;
7.
Post signs, pylon signs or pole signs;
8.
Strings of lights not permanently mounted to a rigid background,
except those that are decorative and convey no message;
9.
Inflatable signs and tethered balloons excepting balloons in
a residential area which are used for less than two (2) days;
10.
Vehicle signs, except those which are painted on or permanently
affixed flat against the factory surface of a vehicle;
11.
Off-site signage, absent the consent of the property owner;
12.
Signs that falsely advertise that an activity, business, product or service is sold or conducted on the premises upon which the sign is located and thereby misdirect traffic. Such signs, including the sign structures, shall be removed within thirty (30) days of written notification to the owner of the premises. Nothing herein shall be construed so as to prohibit signs permitted under Section 410.140;
13.
Animated signs; and
14.
Electronic message signs.
[Ord. No. 4609 §1, 3-2-2015]
A.
Except as otherwise provided herein, the owner of any zone lot or
other premises on which exists a sign for which there is not a current
and valid sign permit shall be obligated to either remove such sign
or to bring it into conformity with the provisions of this Chapter.
1.
Non-conforming existing signs, permits and terms. A sign that would be permitted under this Chapter only with a sign
permit, but which was legally existing prior to the enactment of this
Chapter or on a later date when the property is annexed to the City,
and which was constructed in accordance with the ordinances and other
applicable laws in effect on the date of its construction, but which
by reason of its size, height, location, design or construction is
not in conformance with the requirements of this Chapter, shall be
automatically designated as a non-conforming sign.
2.
Such designation shall allow the sign, which was made non-conforming by the adoption of this Chapter, to remain in place and be maintained until one (1) of the events described in Subsection (A)(2)(a) through (c) of this Section takes place. A change in the information on the face of an existing non-conforming sign is allowed; however, no action may be taken which increases the degree or extent of the non-conformity. Every non-conforming sign shall either be eliminated or made to conform with the requirements of this Chapter if one (1) or more of the following circumstances occur:
a.
When any proposed change, repair or maintenance would constitute
an expense of more than fifty-percent of the replacement value of
the sign; or
b.
When there is a change in ownership of the company in whose
name the sign permit was originally issued, whether said change is
accomplished by sale (other than transfer to heirs) or by any other
means (this includes the change in ownership of the majority of shares
of stock if said company is a corporation); or
c.
If rental property, by lessee vacation of the property.
[Ord. No. 4609 §1, 3-2-2015]
If a sign requiring a permit under the provisions of this Chapter is to be placed, constructed, erected, or modified on a zone lot, the business owner, or its authorized agent, shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of Section 410.110. Furthermore, the property owner shall maintain in force, at all times, a sign permit for such sign. No signs shall be erected in the public right-of-way except in accordance with Section 410.060. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this Chapter (including those protecting existing signs).
[Ord. No. 4609 §1, 3-2-2015]
A.
A temporary sign shall be allowed only upon the issuance of a temporary
sign permit, which shall be subject to the following requirements:
1.
Term. A temporary sign permit shall allow the
use of a temporary sign for a specified thirty-day period, except
for construction signs, which may be used during the construction
period and shall be removed no later than ten (10) days after the
receipt of an occupancy permit for a building or development, or ten
(10) days after completion of the work if no occupancy permit is required.
2.
Number. Only three (3) temporary sign permits
shall be issued to the same business license holder on the same zone
lot in any calendar year.
a.
Institutional uses may be permitted one (1) temporary sign not
exceeding fifty (50) square feet in size, provided that the display
of such sign shall be limited to one temporary sign per month for
up to ten (10) days each period. A separate sign permit shall be required
for each event.
3.
Application. Application for approval of a
temporary sign permit shall be made on the forms on file in the Planning
and Development Department and is approved or rejected by the City
Administrator. The applicant may appeal a decision of the City Administrator
to the Board of Aldermen.
4.
Standards. Allowable height, size, and location
of temporary signs shall be determined in the same fashion as permitted
for permanent signs.
[Ord. No. 4609 §1, 3-2-2015]
A.
The following procedures shall govern the application for, and issuance
of, all sign permits under this Chapter, and the submission and review
of signage plans:
1.
Applications. All applications for sign permits
of any kind shall be submitted to the director on an application form
and shall include all information stated in this Chapter.
2.
Fees.
a.
Application fees. A non-refundable application
fee of twenty-five dollars ($25.00) shall be paid to the City upon
application for any sign permit (other than for a billboard sign).
A non-refundable application fee of three hundred dollars ($300.00)
shall be paid to the City upon application for any billboard sign
to defray the ordinary and necessary expense of the City to assure
compliance with local wind and other structural loads and electrical
requirements.
b.
Billboard sign annual fees. Each person or
entity to whom a permit to erect and/or maintain a billboard sign
in the City has been issued shall pay an annual fee of five thousand
dollars ($5,000.00), commencing on July 1 after the date such permit
was issued, and on each July 1 thereafter until such billboard sign
is removed.
3.
Permit for new sign or for sign modification. An application for construction, creation, or installation of a
new sign or for modification of an existing sign shall contain such
information as the Director shall require, including, without limitation,
the following:
a.
The applicant's name, address and phone number;
b.
All permits (duly issued by the appropriate governmental authority)
which are necessary or required in connection with the erection of
such sign, including, without limitation, a building permit, any electrical
permit and/or any permit required by the Missouri State Highway and
Transportation Commission pursuant to Sections 226.500 to 226.600
RSMo., 1986, as amended (the State sign law). With respect to any
applicant who maintains that a permit is not required by the State
sign law, a written certification to the City, in form and substance
satisfactory to the City and its counsel, of the reasons why such
permit is not required by the State sign law;
c.
The location of the building, structure or lot to which or upon
which the sign is to be attached or erected;
d.
The position of the sign in relation to nearby buildings or
structures;
e.
Documentation in form and substance satisfactory to the Director
demonstrating the applicant's right to occupy the property on
which the sign is to be located;
f.
A site plan of the property showing the sign location in relation
to all buildings, roads and streets;
g.
A copy of the plans and specifications of the sign, including
the method of construction and attachment and an elevation showing
the dimensions and height of the sign from ground level;
h.
A copy of the street sheets and calculations showing the sign
is designed for dead load and wind pressure in any direction in the
amount required by this Chapter and all other laws and ordinances
of the City;
i.
Such other information as the Director or his or her designee
may request from time to time to ensure full compliance with this
Chapter and all other laws and ordinances of the City.
4.
Inspection. The applicant shall call for a final inspection after the installation of the sign is complete, and in the case of signs involving electrical connections, after the electric inspections have been made and passed. If the sign has been installed in accordance with the permit provisions, the sign shall be approved. In the event the sign was not installed in accordance with the permit provisions, the inspector shall notify the applicant of the deficiencies. The sign is not considered an approved sign until all deficiencies have been corrected. If, after six (6) months, the sign construction has not been approved, the permit shall lapse and become void, and the City may take steps as indicated in Section 410.170.
[Ord. No. 4609 §1, 3-2-2015]
A.
All signs shall be designed, constructed and maintained in accordance
with the following standards:
1.
General requirements.
a.
All signs shall comply with applicable provisions of the current
City adopted building and electrical code.
b.
Except for temporary signs and window signs conforming in all
respects with the requirements of this Chapter, all signs shall be
constructed of permanent materials and shall be permanently attached
to the building by direct attachment to a rigid wall, frame or structure
in a manner acceptable to the Building Official.
c.
All signs shall be maintained in good structural condition,
in compliance with all building and electrical codes, and in conformance
with this Code, at all times.
d.
All signs and related structures shall be maintained in good
repair, free of rust, peeling, flaking, fading, broken or cracked
surfaces and broken or missing letters.
e.
Architectural consistency. Sign installations
shall be consistent with, and not conceal, the architectural detail
of a building.
f.
All signs shall be constructed and lettered to a professional
quality. All elements of the signage shall be secured in such a manner
as to minimize movement and shall be attached to the main building
or structure or other suitable structures to secure the sign. In no
instance shall signs be attached to vehicles unless otherwise permitted
in this Chapter.
2.
Wall sign regulations.
a.
Single-occupant building on a single zoned lot.
(1)
One (1) wall sign per face of building facing a
commercial street or side street contiguous with the subject property
or which faces a driveway or parking lot located between the street
and the building.
(2)
Sign area as determined by Section 410.130(A)(1) is restricted to one-fourth (1/4) square feet of sign area per lineal foot of commercial street frontage, provided that no sign shall be required to be less than twenty (20) square feet.
(3)
Maximum wall sign area is two hundred fifty (250)
square feet.
b.
Single-story building with multiple tenants on a single
zoned lot.
(1)
The total of all wall signage on a building may
not exceed thirty-percent of the wall area facing the street.
(2)
One (1) sign having an area of eighty (80) square
feet or less for each commercial street frontage.
(3)
Each tenant having a grade level public entry from
the commercial street, or side street contiguous with the subject
property, or which faces a driveway or parking lot located between
the street and the building is entitled to one (1) wall sign.
(4)
Wall sign area as computed by Section 410.130(A)(1) is restricted to one-fourth (1/4) square feet of sign face per lineal foot of tenant frontage on a commercial street, provided that no sign shall be required to be smaller than twenty (20) square feet.
(5)
Maximum sign area per tenant is restricted to eighty
(80) square feet.
c.
Multifloor building with multiple tenants on a single
zoned lot.
(1)
The total of all wall signage on a building may
not exceed thirty-percent of the wall area facing the street.
(2)
One (1) sign having an area of eighty (80) square
feet or less for each commercial street frontage.
(3)
Each grade level tenant having a public entry from
the commercial street, or from a side street contiguous with the subject
property, or which faces a driveway or parking lot located between
the street and the building is entitled to one (1) wall sign.
(4)
Wall sign area as computed by Section 410.130(A)(1) is restricted to one-fourth (1/4) square feet of sign face per lineal foot of tenant frontage on a commercial street, provided that no sign shall be required to be smaller than twenty (20) square feet.
(5)
Maximum sign area per tenant is restricted to eighty
(80) square feet.
3.
Ground sign regulations.
a.
Each property in non-residential zoning districts is entitled
to one (1) ground sign per commercial street frontage.
(1)
Not more than one (1) face of the sign may be visible
by the public from any point (except from points on or around the
prolongation of the axis of a V-shaped sign) on the street.
(2)
The ground sign must display the street number
in addition to the sign language. The street number does not count
against the area limit of the sign, but the area allocated to the
street number may not be larger than four (4) square feet.
(3)
If there is not enough physical room between the building and the street to accommodate a ground sign, a building projecting sign may be authorized in accordance with the provisions of Section 410.120(A)(5).
(4)
Sign regulations.
(a)
No part of the sign may be located within ten (10)
feet of the public right-of-way or be positioned in any manner that
will interfere with the line of sight of pedestrians or vehicles attempting
to enter or exit from the property.
(b)
Sign area is restricted to one-fourth (1/4) square
feet per lineal foot of commercial street frontage, but will not be
required to be smaller than twenty-four (24) square feet nor may any
sign be larger than two hundred fifty (250) square feet.
(c)
Maximum height of sign is five (5) feet above grade, including a base not more than one (1) foot high, measured in accordance with Section 410.130(A)(3).
4.
Window signage.
a.
Window signage is permitted in any window of non-residentially
zoned property, which is located on the grade level of the building
housing that business, provided that window faces a commercial street
or parking lot (unless said parking lot is adjacent to residentially
used property and said signage would be capable of being viewed from
such residential area). The total gross sign area of all window signs
shall not exceed twenty percent (20%) of the area of any individual
window located in the lowest portion of the building as measured from
the adjacent exterior grade. For the purposes of this Section, panes
of glass separated by a structural column or portion of exterior finished
wall shall be considered individual windows. Further, glass located
within a door, whether or not it is used as an entrance/exit, is not
an eligible location for a window sign. Graphics painted directly
onto the glass surface are prohibited.
b.
Total window signage shall not exceed 25 square feet unless
specifically approved through a Comprehensive Sign Plan.
c.
The area for window signage is in addition to any other permitted
signage.
5.
Projecting signs.
a.
Projecting signs are permitted only in those cases where a business
is entitled to a ground sign but is prevented from installing one
due to physical conditions. A permit application for a projecting
sign that is rejected by the Director may be appealed to the Board
of Aldermen.
b.
Sign regulations.
(1)
Maximum size is twenty-four (24) square feet per
sign face and is not dependent upon building frontage or lot frontage.
(2)
No more than two (2) faces per sign. Faces must
be within eighteen (18) inches of each other.
(3)
In all cases, at least ten (10) feet of clearance
for pedestrian or vehicular traffic must be provided.
(4)
No part of the sign may be closer than five (5)
feet to the right-of-way.
6.
Canopies and canopy signs.
a.
For businesses directly fronting on a public pedestrian sidewalk,
canopies may be installed for purposes of shielding pedestrians from
the weather or to afford protection for merchandise in store windows
that may be harmed by direct sunlight.
b.
Canopies may bear a sign no larger than one (1) foot in height
and twelve (12) feet in width.
[Ord. No. 4609 §1, 3-2-2015]
A.
The following requirements shall apply to illuminated signs. Lighting for billboards shall be as defined in Section 410.140.
1.
No sign shall have blinking, flashing or fluttering lights or
other illuminating device of variable light intensity, brightness
or color. Clocks and thermometers which only indicate the time or
temperature shall not be considered illuminated signs, provided that
the gross area of such devices is not greater than sixteen (16) square
feet per face, the vertical dimension of any letter or number is not
greater than twenty-four (24) inches and the color or intensity of
light is constant except for periodic changes in the information display,
which occur not more frequently than once every fifteen (15) seconds.
Beacon lights are not permitted.
2.
No colored lights shall be used at any location or in any manner
so as to be confused with or construed as traffic control devices.
3.
Neither direct nor reflected light from primary light sources
shall create a hazard to operators of motor vehicles on public thoroughfares.
4.
No exposed reflective-type bulb or incandescent lamp which exceeds
forty (40) watts shall be used on the exterior surface of any sign
in such manner as to expose the face of the bulb, light or lamp to
any public street or adjacent property.
5.
The use of exposed neon in a window sign(s) with aggregate area
larger than six (6) square feet must be reviewed and approved by the
Planning and Zoning Commission prior to installation or erection of
such sign(s).
6.
The use of exposed neon as an illumination source is prohibited.
7.
Signage may be illuminated by either internal or external lighting
sources. In either situation, the light source shall be completely
screened from view.
8.
External lighting, such as floodlights and thin-line and goose-line 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 onto areas other than the sign, and the lights are not of such intensity so as to cause glare, or impair the vision of the driver of a motor vehicle. Where the Director denies an applicant for excessive or uncontrolled lighting, the applicant can appeal the decision through the same process defined for the submission of a Comprehensive Sign Plan identified in Section 410.135.
[Ord. No. 4609 §1, 3-2-2015]
A.
The following principles shall control the computation of sign area
and sign height.
1.
Computation of area of individual signs.
a.
The area of a sign face (which is also the sign area of a wall
sign or other sign with only one (1) face) shall be computed by means
of the smallest square, circle, rectangle, triangle, or combination
thereof, that will encompass the extreme limits of the writing, representation,
emblem or other display, together with any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed,
but not including any supporting framework, bracing or decorative
fence or wall when such fence or wall otherwise meets Zoning Ordinance
regulations and is clearly incidental to the display itself.
b.
Square foot area is computed by multiplying the length of the
sign by the height, both at their greatest measurement comprising
each word or symbol. Grid calculation of exact square foot area is
acceptable with engineer's sealed calculations and drawing.
2.
Computation of area of multifaced signs. The
sign area for a sign with more than one (1) face shall be computed
by adding together the area of all sign faces visible from any one
(1) point. When two identical sign faces are placed back to back,
so that both faces cannot be viewed from any point at the same time,
and when such sign faces are part of the same sign structure and are
not more than eighteen (18) inches apart, the sign area shall be computed
by the measurement of one (1) of the faces.
3.
Computation of height.
a.
The height of a sign shall be computed as the distance from
the base of the sign at normal grade to the top of the highest attached
component of the sign. Normal grade shall be construed to be the lower
of:
b.
In cases in which the normal grade cannot reasonably be determined,
sign height shall be computed on the assumption that the elevation
of the normal grade at the base of the sign is equal to the elevation
of the nearest point of the crown of a public street or the grade
of the land at the principal entrance to the principal building on
the zone lot, whichever is lower.
[Ord. No. 4609 §1, 3-2-2015]
A.
When a Comprehensive Sign Plan is approved for a proposed or existing
development, to the extent the terms of the Comprehensive Sign Plan
conflict with the general provisions of this Chapter, the Comprehensive
Sign Plan governs. Comprehensive Sign Plans are intended to provide
for flexible sign criteria that promote superior design and are tailored
to a specific development which may vary from general ordinance provisions;
however, the applicant must demonstrate that the proposed terms would
encourage and promote established principles within the Comprehensive
Plan. In keeping with the intent to allow flexibility in the design
of developments, the following options may be available for signs
accessory to uses in non-residential district properties subject to:
1.
As an alternative to what would otherwise be allowed, signs
may be permitted in accordance with a Comprehensive Sign Plan subject
to the recommendation of the Planning and Zoning Commission and approval
of the Board of Aldermen. The Comprehensive Sign Plan shall show the
location, size, height and extent of all proposed signs. In addition,
the geographic limits of the area to be covered by the Comprehensive
Sign Plan must be shown.
2.
Any application submitted for a Comprehensive Sign Plan may
be made by any property owner, owner of an easement, lessee, contract
purchaser or their agent. Such application shall be accompanied by
a statement setting forth the names of the record owners of the properties
upon which such signs are proposed to be located and the notarized
agreement of each record owner to the placement of such signs on their
property. When an application requests permission to erect a sign
on property owned by someone other than the applicant, then such application
shall be accompanied by a written and notarized statement signed by
the record owners of such properties which indicates their endorsement
of the application.
3.
When a Comprehensive Sign Plan is proposed, the following must
be submitted:
a.
Location, size, height, construction, material and placement
of signs.
b.
Illumination level, color and type.
c.
The number of proposed signs.
d.
Elevations of all detached signs.
e.
Dimensions, height, square footage of all existing signs or
note that none exist for both freestanding and attached signs (submit
picture of all existing signage).
f.
Material specifications for proposed signs, including sign materials
and colors.
g.
Landscaping of detached signs.
4.
All proposed signs shall be reviewed based on the following
criteria:
a.
Proposed signs are consistent with the purpose of this Chapter.
b.
Proposed signs are compatible with the theme, visual quality,
and overall character of the surrounding area.
c.
Proposed signs are in scale and harmonious with the development
and shall be so located and sized as to ensure convenience to the
visitor, user or occupant of the development while not adding to street
clutter or otherwise detracting from the nature of the development
and adjacent uses and the purposes of architectural and urban design
elements.
d.
The proposed Comprehensive Sign Plan is consistent with and
furthers the goals of the Comprehensive Plan.
5.
Submissions for consideration of a Comprehensive Sign Plan shall
be filed with the Director and forwarded to the Planning and Zoning
Commission. The Planning and Zoning Commission shall review the application
in accordance with the above criteria and forward a recommendation
to the Board of Aldermen for its final review and approval. When a
Comprehensive Sign Plan is approved for a development, regulations
regarding signage shall be dictated by the provisions of the approved
plan.
6.
Amendments to previously approved Comprehensive Sign Plans will
require items necessary for the review of the changes in light of
the previous approval.
[Ord. No. 4609 §1, 3-2-2015]
A.
General Provisions.
1.
All billboard signs must comply with the more restrictive of
these regulations or the requirements contained in all State and Federal
laws, including, without limitation, Sections 226.500 to 226.600,
RSMo., 1986, as amended (the State sign law).
2.
All new billboard signs must comply with all provisions of applicable
building codes, and the applicant must obtain all necessary permits
or licenses which are necessary or required.
3.
Where a billboard sign, whether installed prior to or subsequent
to the effective date of this Chapter, does not include any message
for a period of one hundred twenty (120) continuous days, such billboard
structure shall be deemed abandoned thereafter and shall be removed.
4.
No billboard sign shall be placed on rocks, trees, or on poles
maintained by public utilities.
5.
The owner of a billboard sign and each user thereon shall indemnify and hold the City harmless from and against any loss, claim or expense (including attorneys' fees, publisher's liability and advertiser's liability) arising, directly or indirectly, from the erection and or/use of said billboard sign, and such owner and user shall maintain liability insurance in accordance with, and in the amounts required by, Section 135.070(F) of this Code, except that the minimum insurance for publisher's and advertiser's liability shall be five hundred thousand dollars ($500,000.00) per occurrence, one million dollars ($1,000,000.00) aggregate.
6.
No new billboard structure shall be erected in which two (2)
or more displays are stacked one above the other.
B.
Standards For Location, Spacing, Size, Height And Lighting.
1.
Location and spacing.
a.
No billboard sign shall be maintained, erected, or located anywhere
in the City unless:
(1)
The proposed site for such billboard sign is in
an area of the City then zoned "LID" (Light Industrial District),
"GC" (General Commercial District) or "RSC" (Retail Service Commercial
District); and
(2)
The proposed site of such billboard sign is within
six hundred sixty (660) feet of the nearest edge of the right-of-way
of, and visible from, Interstate Highway 64 and/or Interstate Highway
170; and
b.
No billboard sign shall hereafter be maintained, erected or
located within five hundred (500) feet of an existing billboard sign
on the same side of the highway, irrespective of whether such existing
billboard sign is located within or outside the territorial limits
of the City. This distance shall be measured along the nearest edge
of the pavement at points directly opposite the billboard sign along
each side of the highway. This shall apply only to billboard signs
located on the same side of the highway involved.
c.
No billboard sign shall be placed closer than five hundred (500)
feet to an intersection on a dual or proposed dual highway; provided,
however, that such billboard may be affixed to or located adjacent
to a building at such intersection in such a manner as not to materially
cause any greater obstruction of vision than caused by the building
itself.
d.
All billboard signs shall be exempt from the setback requirements
of the zoning district in which they are permitted. All billboard
signs shall, however, be set back from the road right-of-way a minimum
of thirty (30) feet.
e.
No billboard sign shall be located on the right-of-way or any
road or any slope or drainage easement for such road.
f.
No portion of a billboard shall be placed within a fifty-foot
radius of any point of a building.
2.
Size.
a.
The maximum area for any one (1) billboard shall be six hundred
seventy-two (672) square feet with a maximum height of twenty-one
(21) feet and a maximum length of thirty-two (32) feet, inclusive
of border and trim but excluding the base, apron, or supports and
other structural members. The area shall be measured by the smallest
square, rectangle, triangle, circle, or combination thereof which
will encompass the entire billboard.
b.
The maximum size limitations shall apply to each side of a billboard
structure, and billboards may be placed back-to-back, double-faced,
or in V-type construction with not more than two (2) displays to each
facing, but such billboard structure shall be considered as one (1)
billboard.
3.
Height. The maximum height to top of signage
shall not exceed forty-five (45) feet above ground level or the grade
level of the adjoining street, whichever is higher.
4.
Lighting.
a.
No revolving or rotating beam or beacon of light shall be permitted
as part of any billboard sign. No flashing, intermittent or moving
light or lights shall be permitted as a part of any billboard sign.
b.
External lighting, such as floodlights, thin-line and goose-line
reflectors are permitted, provided the light source is directed upon
the face of the billboard sign and is effectively shielded so as to
prevent beams or rays of light from being directed into any portion
of the main traveled way of any road or highway near such billboard
sign, and the 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.
c.
No billboard sign shall be so illuminated that it interferes
with the effectiveness of, or obscures, an official traffic sign,
device or signal.
[Ord. No. 4609 §1, 3-2-2015]
Signage not specifically mentioned in this Chapter shall be
regulated by standards enumerated for signage deemed similar in style,
size and function by the Director.
[Ord. No. 4609 §1, 3-2-2015]
A.
Any of the following shall be a violation of this Chapter and shall
be subject to the enforcement remedies and penalties provided by this
Chapter and by State law:
1.
To install, create, erect or maintain any sign in a way that
is inconsistent with any plan or permit governing such sign or the
zone lot on which the sign is located.
2.
To install, create, erect or maintain any sign requiring a permit
without such a permit.
3.
To fail to remove any sign that is installed, created, erected
or maintained in violation of this Chapter, or for which the sign
permit has lapsed, or for which the sign permit has been withdrawn
or which has not been approved by the Director.
4.
To continue any such violation. Each such day of a continued
violation shall be considered a separate violation when applying the
penalty portions of this Chapter.
5.
Each sign installed, created, erected or maintained in violation
of this Chapter shall be considered a separate violation when applying
the penalty portions of this Chapter.
[Ord. No. 4609 §1, 3-2-2015]
A.
Any violation or attempted violation of this Chapter or of any condition
or requirement adopted pursuant hereto may be restrained, corrected
or abated, as the case may be, by injunction or other appropriate
proceedings pursuant to State law.
1.
Sign removal required. If the Director has
determined that a sign is not an approved sign or has determined the
time allowed for the continuance of a non-conforming sign has expired,
the sign must be removed. Notification of the order to remove the
sign shall be by certified mail to the business owner. Responsibility
for removal of the sign shall lie with the business owner. If the
business owner fails to remove the sign, the zone lot owner shall
be responsible for the sign removal.
2.
In the event the sign has not been removed as a result of Section 410.170(A)(1), the remedies of the City shall include the following:
a.
Issuing a stop-work order for any and all work on any permit
activity on the same zone lot.
b.
Seeking an injunction or other order of restraint or abatement
that requires the removal of the sign or the correction of the non-conformity.
c.
Imposing any penalties that can be imposed directly by the City
under the Zoning Ordinance.
d.
Seeking in court the imposition of any penalties that can be
imposed by such court under the Zoning Ordinance.
e.
In the case of a sign that poses an immediate danger to the
public health or safety, taking such measures as are available to
the City under the applicable provisions of the Zoning Ordinance and
building code for such circumstances.
f.
The City shall have such other remedies as are and as may from
time to time be provided for or allowed by State law for the violation
of the Zoning Ordinance.
g.
All such remedies provided herein shall be cumulative. To the
extent that State law may limit the availability of a particular remedy
set forth herein for a certain violation or a part thereof, such remedy
shall remain available for other violations or other parts of the
same violation.
[Ord. No. 4609 §1, 3-2-2015]
A.
Any aggrieved person may appeal a decision of the Director before the Board of Adjustment as established and in conformance with the requirements of Section 400.860 of the Zoning Regulations, subject to the further requirements of this Chapter.
B.
Prior to accepting any application for a variance from the regulations
of this Chapter, all remedies must be exhausted, including submittal
and review of a Comprehensive Sign Plan.
C.
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 strict compliance with the Chapter would subject
the applicant to undue hardship and/or practical difficulties, and
to grant such a variance would:
[Ord. No. 4609 §1, 3-2-2015]
If any section, subsection, sentence, clause, phrase or portion
of this Chapter 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 Chapter.
[Ord. No. 4609 §1, 3-2-2015]
Whenever a commercial sign would be permitted under this Chapter,
subject to the landowner's consent, a non-commercial sign may
be installed in its place, or vice versa, provided it otherwise complies
with this Chapter. Such substitution of message may be made without
any additional approval or permitting. This provision prevails over
any more specific provision to the contrary within this Chapter. The
purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or vice versa. This
provision does not create a right to increase total signage on a parcel,
nor does it affect the requirements that the sign comply in all other
respects with the provisions of this Chapter.
[Ord. No. 4609 §1, 3-2-2015]
A.
Director Approval. The Director shall approve the
purpose, number, type, location, size and height, and the positing
time limit of all signs on public rights-of-way and easements.
B.
Application. An application to the City Administrator
for permission to erect such sign(s) shall be in writing, and shall
explain the purpose and type of sign requested, and state the posting
time desired. The application shall be accompanied by a drawing showing
the proposed sign, indicating the size, and the requested location.
C.
Other Permits. Necessary permits required by other
governmental departments, utility companies, etc., must be obtained
by the applicant, and evidence that such permits have been obtained
shall accompany the application to the City Administrator.
D.
Insurance. For signs larger than six square feet
in sign area, an insurance policy shall be filed with the City, in
the amount of one million dollars ($1,000,000.00) to cover all risks
of liability to the public.
