[Ord. No. 383 § 510.001, 6-2-2015; Ord. No. 441, 12-5-2017]
The regulations set forth in this chapter shall apply to and govern signs in all zoning districts in the City of Kimberling City. No sign shall be erected, repaired, altered, relocated or maintained except in conformance with the regulations for the district in which it is located, unless the sign is otherwise specifically regulated by a special use provision.
The purpose of these regulations is to regulate signs in such a way as to support and complement land use objectives set forth in the Comprehensive Land Use Plan and this zoning ordinance.
[Ord. No. 383 § 510.010, 6-2-2015; Ord. No. 441, 12-5-2017]
As used in this chapter, the following terms shall have the meanings indicated:
- DIRECTIONAL SIGN
- Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian and/or vehicular traffic.
- Condition of sign showing damage, faded, hazard, dismounted, or irrelevant, dated information i.e., business closed.
- ELECTRONIC MESSAGE CENTER
- A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
- EXISTING FINISH GRADE LEVEL
- The highest point of elevation within five feet of the supporting structure for the sign, excluding all planter boxes, foundations, berms, or other surface alteration that would increase the height of the sign.
- FREESTANDING SIGN
- A sign supported permanently upon the ground by poles, columns, or braces and not attached to any building.
- INCIDENTAL SIGN
- A small sign, emblem or decal informing the public of goods, facilities, or services available on the premises, e.g., credit card sign or a sign indicating hours of business.
- OFF-SITE ADVERTISING SIGN
- Any sign which advertises or informs about a business organization or event, goods, products, services, or uses not available on the property upon which the sign is located.
- PORTABLE SIGN
- Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, not including magnets or decals, etc., attached to vehicles.
- Any device, structure, fixture or placard using graphics, symbols and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services.
- SUBDIVISION IDENTIFICATION SIGN
- A freestanding sign identifying a recognized residential subdivision, condominium, or residential complex.
- TEMPORARY SIGNS
- Any non-commercial sign displayed or placed to advertise or announce a specific event or occurrence and not designed or intended to be placed permanently.
- WALL SIGN
- Any sign painted on, attached to, or erected against the wall with the exposed face of the sign in a plane parallel to the plane of said wall, including signs installed on a window and intended to be viewed from outside.
[Ord. No. 383 § 510.020, 6-2-2015; Ord. No. 441, 12-5-2017]
Signs that contain language or pictures that may be offensive, objectionable, harmful, hostile, profane, crude, unlawful or a nuisance.
Signs attached in any way to a utility pole, traffic sign post, or living plant such as a tree.
Signs located in the public right-of-way.
Signs which have flashing or blinking light sources, whether emitting from illuminated signs or from lamps designed for purposes of attracting attention only. This does not include electronic message centers.
Any sign not permanently attached to the ground or other permanent structure, other than those described below in Section 430.040, shall not be permitted in any district in the City. Such signs include, but are not limited to:
[Ord. No. 383 § 510.030, 6-2-2015; Ord. No. 441, 12-5-2017]
Construction Signs. Construction signs shall be removed within thirty (30) days after the issuance of a certificate of occupancy. A temporary subdivision development sign advertising a recorded subdivision or development may remain in place for a period not to exceed one (1) year or when ninety percent (90%) of the lots are sold, whichever comes first. Construction signage is limited to twelve (12) square feet.
Flags and insignia of any government.
Event Signs. Signs directing the public to garage and yard sales, auctions, real estate open houses and charitable events such as church dinners shall be confined to private property and must be removed no later than twenty-four (24) hours after the event. Such signs shall be limited to four (4) square feet.
Political Signs. Political signs shall be confined to private property and shall be placed a minimum of ten (10) feet from the edge of the road surface regardless of the property line. All such signs must be removed within forty-eight (48) hours after the stated election. City crew shall remove any campaign material in violation of the above, and a fine may be assessed to the organization funding the sign. Political signs shall be limited to twelve (12) square feet.
Real Estate Signs. Real estate signs (other than open house directional signs) shall be located on the premises for sale, lease or rent. All real estate signs must be removed within thirty (30) days of sale closing, rented, or leased.
Any sign(s) appertaining to the prospective rental or sale of commercial property on which they are located shall not exceed thirty-two (32) square feet. Signs may be back to back, double-faced or of a V-type construction, and may not be lighted. Back-to-back or double-faced signs will be treated as a single sign permitting each face to be a maximum of thirty-two (32) square feet in area. In the case of V-type construction, if the enclosed "V" angle is less than ninety degrees (90º), the two signs may each be thirty-two (32) square feet in area. If the enclosed "V" angle is greater than ninety degrees (90º), the signs will be considered to be two (2) signs whose combination area may not exceed thirty-two (32) square feet. If multiple signs are placed on the property, the accumulative square footage of the signs shall not exceed thirty-two (32) square feet. Signs must be placed a minimum of ten (10) feet from the edge of the road surface.
Any sign(s) appertaining to the prospective rental or sale of a residential property on which they are located shall not exceed six (6) square feet. Such signs may not be lighted. Signs must be placed a minimum of ten (10) feet from the edge of the road surface.
Any portable directional sign(s) permitted shall not exceed three (3) square feet and must be placed a minimum of ten (10) feet from the edge of the road surface. Signs of this nature must have written property owner's permission on which the sign is to be placed.
Open house signs shall be confined to the property in which the open house is to be held. Signs may not exceed six (6) square feet and must be placed a minimum of ten (10) feet from the edge of the road surface. Open house signs can be placed on property no sooner than 48 hours before the event and must be removed no later than 24 hours after event. Open house directional signs are permitted and shall not exceed three (3) square feet and must be placed a minimum of ten (10) feet from the edge of the road surface. Must have property owner's permission on which the sign is placed. May be placed no sooner than 48 hours before event and must be removed no later than 24 hours after event.
Residential Signs. Certain residential signs do not require a permit, including:
One (1) name plate or sign for each dwelling unit, not exceeding one (1) square foot in area indicating the naive of the occupant or customary home occupation.
One (1) unlighted identification sign not exceeding six (6) square feet in area for buildings other than dwellings, provided that a name plate or identification sign shall be attached to and parallel with the front wall of the building.
Seasonal signs and decorative displays such as Christmas decorations in general accord with the theme being supported may be erected on a temporary basis. Per Section 430.070(E) of this Chapter, signs which are in had repair are to be removed.
Signs and banners erected to advertise a special event of a civic, charitable, educational, philanthropic or religious organization are permitted. Such signs and banners not to exceed thirty-two (32) square feet in area per side may be erected no sooner than thirty (30) days prior to the event and shall be removed no later than seventy-two (72) hours following the event. Lots with two or more street frontages shall not place more than one temporary sign on any one street frontage.
Signs pertaining to construction, work for hire and other temporary home improvement projects are permitted only on the property of the project. These signs are permitted through the duration of the project and no more than 30 days after the project has been completed, not to exceed 90 days in total.
[Ord. No. 383 § 510.040, 6-2-2015; Ord. No. 441, 12-5-2017]
Signs Permitted in Residential Districts
One (1) white-lighted permanent church bulletin board or sign located on the site of the church property, not exceeding thirty-two (32) square feet in area.
Freestanding sign(s) indicating the name of a subdivision. If a single sign is placed it shall have a maximum area of eighty (80) square feet. If two (2) signs arc placed on the subdivision property, each sign shall have a maximum area of forty (40) square feet.
In R-3 Districts, one (1) white-lighted identification sign (excluding illuminated signs of the flashing or animated type) not exceeding sixteen (16) square feet in area for multiple dwellings having four (4) or more dwelling units.
Directional Signs. Directional signs shall not exceed four (4) square feet in overall size. At least fifty percent (50%) of the sign shall contain information related to traffic movement, parking, or loading. The remaining fifty percent (50%) may identify the name of the business, institution, shopping center, or development by name, logo or both.
No freestanding signs shall be permitted in any district established in Section 400.090, except the following:
A freestanding sign(s) indicating the name and information pertaining to the use of a permitted business and/or development, municipal building, lodge, library, church, museum, gallery, school, community center, stadium, parks, and banks shall be permitted subject to the following regulations:
The sign(s) may have a maximum height of thirty (30) feet above existing finished grade level. Grade level is negotiable to account for sign(s) visibility from the roadway.
The size, location, and height of the sign(s) shall not present a safety hazard to individuals and/or traffic.
The area of the sign(s) allowed will vary with the following restrictions:
For a facility of seventy-five (75) feet or less road-facing façade length, sign(s) shall not exceed sixty-four (64) square feet. Signs may be back to back, double-faced or a V-type construction. Back-to-back or double-faced signs will be treated as a single sign permitting each face to be a maximum of sixty-four (64) square feet. In the case of V-type construction, if the enclosed "V" angle is less than ninety degrees (90º), two (2) signs may each be sixty-four (64) square feet. If the enclosed "V" angle is greater than ninety degrees (90º), the signs will be considered to be two (2) signs whose combined area may not exceed sixty-four (64) square feet. If multiple signs are placed on the property, the accumulative square footage of the signs shall not exceed thirty-two (32) square feet.
For a business facility with over seventy-five (75) feet of road-facing facade length, the business shall be allowed three (3) square feet of sign per lineal foot of length [i.e. two-hundred-foot length = 600 square foot maximum sign]. If multiple signs are placed on the property they shall not exceed the total allowable maximum square footage. Signs may be back to back, double-faced or of a V-type construction. V-type construction shall not exceed an angle of ninety degrees (90º).
Directional sign(s) for multiple advertising will be permitted at the intersections of State highways, lake access roads and lake access streets and shopping centers. These signs shall have the following restrictions:
Maximum area of six hundred (600) square feet with a maximum height of thirty (30) feet for signs located on State highways. Maximum area of two hundred (200) square feet with a maximum height of thirty (30) feet for signs not located on State highways.
Signs may be back to back, double-faced or of a V-type construction. V-type construction shall not exceed an angle of ninety degrees (90º). Either facing shall not exceed six hundred (600) square feet in area.
The size, location and height of the sign(s) shall not present a safety hazard to individuals and/or traffic.
Multiple advertising or directional sign(s) is permitted if a minimum of six (6) separate businesses are displayed.
Any exterior sign display shall pertain to a use conducted within the building and shall be attached to said building.
Signs suspended from any building shall not project more than ten (10) feet over a walkway, parking lot, or street, and shall not be less than ten (10) feet from the finished grade or the sidewalk.
Electronic Message Centers.
Electronic message centers (FMCs) may be used as freestanding or wall signs.
EMC Illumination Measurement Criteria. The nighttime illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full-color-capable EMC, or a solid message for a single-color EMC. All measurements shall be taken perpendicular to the face of the EMC at the distance determined by the total square footage of the EMC as set forth in the Sign Area Versus Measurement Distance table (International Sign Association, 2011).
EMC Illumination Limits. The difference between the off and solid-message measurements using the EMC Measurement Criteria shall not exceed 0.3 footcandles at night.
Dimming Capabilities: All permitted EMCs shall be equipped with a sensor or other device that automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements. If a newly constructed, non-grandfathered sign cannot meet this dimming requirement, it shall be shut off from the hours of 9:00 p.m. to 7:00 a.m.
Testing. Testing is conducted at the time of the install before the permit is approved. The applicant is responsible for completing a testing worksheet using approved methods outlined in this section. Use of an installation company is recommended. The City may require additional test results conducted after the install to confirm compliance. All additional testing is the responsibility of the permit holder and suspension of the permit may be enforced if a test is not completed within 15 days of notice or found out of compliance.
Total Dimensions of Commercial Signage. The total square footage of all signs located on a commercial property is capped at eight (8) square feet per lineal foot of primary road-facing building facade.
[Ord. No. 157, 9-21-1993; Ord. No. 383 § 510.050, 6-2-2015; Ord. No. 441, 12-5-2017]
Grandfathered. Any sign constructed prior to June 2, 2015, will be grandfathered in and will not be required to conform to the current Chapter except for Subsections B and C, below. However, any grandfathered EMCs will be tested per Section 430.050(E) of this Code, and their nighttime illumination shall be lowered to the current standard if possible. If the sign cannot be lowered to the limit outlined in this Code, it must be lowered to its minimum level.
Signs and sign structures that have been erected, constructed, or installed in accordance with the provisions of this Chapter are allowed to continue when the business, activity, or usage they advertise is no longer conducted on the premises. Within thirty days of the cessation of the business, activity, or usage advertised by the sign, the owner shall remove the sign face and replace it with a blank face designating that the building is for sale or lease by the owner or lessee of the premises upon which the sign is located.
Non-Conforming. A non-conforming sign which is otherwise lawful may be continued in place so long as:
Not more than sixty percent (60%) of the value of a new comparable sign is expended for repair of the sign in any twelve-month period.
A change of message of advertising made by painting, pasting, or by mechanical change of facing with like material does not constitute repair within the meaning of this section.
The type of material used in the construction of the sign is not changed.
The size of the sign is not changed.
In the event of total destruction of a non-conforming sign or damage in excess of sixty percent (60%) of its value as determined by accepted appraisal methods by any cause, then said sign may not be repaired, replaced, or re-erected in the original nonconforming manner. Substantiating information on cost of repairs must be furnished by the sign owner on request.
Where a sign exists at the effective date of adoption or amendment of this Chapter that would be illegal under the terms of this Chapter, such sign may be continued until such time as the business it advertises has been discontinued for a period of three months. At that time the use of the sign shall be deemed to have been abandoned. Abandoned signs and sign structures shall be removed or brought into conformance with the provisions of this Chapter by the sign, business, or property owner within thirty (30) days of receiving notice by the City.
[Ord. No. 383 § 510.060, 6-2-2015; Ord. No. 441, 12-5-2017]
Permits. Except as otherwise stated in Section 430.040, any person erecting, installing, constructing, or structurally altering a sign in the City of Kimberling City must obtain a sign permit from the City and pay any applicable fees. Application for a sign permit shall be made on a form approved by the City.
Inspection. Any sign for which a permit has been issued may be inspected periodically by the City of Kimberling City for compliance with the Code of Ordinances. During construction phases, the owner or his/her designee is required to schedule all appropriate inspections in a timely manner.
Maintenance. All signs and components thereof shall be maintained in good repair and in a safe, clean, neat and attractive condition, and shall be refurbished often enough to be clearly legible.
Variances. If a sign permit is denied due to a standard set forth in this Chapter, an appeal for a variance can be requested. The Board of Adjustment shall hear all appeals in accordance with the procedure set forth in Section 400.450 of the Code of Ordinance.
Nuisance. Signs deemed a nuisance by review of the Board of Aldermen may require removal or correction to conditions. See Nuisance Chapter 210 of the City Code.
Removal. Signs which are deemed unlawful, obsolete or in disrepair by the Building Inspector are to be repaired or removed without compensation to the sign owner. If a sign is removed by the City, a bill covering the cost of removal will be sent to the owner of the lot upon which the sign is placed.