[Ord. No. 383 § 510.001, 6-2-2015; Ord. No. 441, 12-5-2017]
A. 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.
B. 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.
DISREPAIR
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.
SIGN
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.
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]
A. Signs that contain language or pictures that may be offensive, objectionable,
harmful, hostile, profane, crude, unlawful or a nuisance.
B. Signs attached in any way to a utility pole, traffic sign post, or
living plant such as a tree.
C. Signs located in the public right-of-way.
D. 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.
E. 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:
1.
Signs designed to be transported by means of a vehicle.
2.
Signs attached to or painted on to vehicles parked and visible
from the public right-of-way, unless said vehicle is used in normal
day-to-day operation.
[Ord. No. 383 § 510.030, 6-2-2015; Ord. No. 441, 12-5-2017]
A. 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.
B. Flags and insignia of any government.
C. 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.
E. 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.
F. 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.
1.
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.
2.
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.
3.
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.
4.
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.
G. Residential Signs. Certain residential signs do not require a permit,
including:
1.
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.
2.
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.
H. Temporary Signs.
1.
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.
2.
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.
3.
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]
A. Signs Permitted in Residential Districts
1.
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.
2.
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.
3.
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.
B. 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.
C. Freestanding Signs.
1.
No freestanding signs shall be permitted in any district established
in Section 400.510, except the following:
a.
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:
b.
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.
c.
The size, location, and height of the sign(s) shall not present
a safety hazard to individuals and/or traffic.
d.
The area of the sign(s) allowed will vary with the following
restrictions:
(1) 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.
(2) 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).
e.
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:
(1) 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.
(2) 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.
(3) The size, location and height of the sign(s) shall
not present a safety hazard to individuals and/or traffic.
(4) Multiple advertising or directional sign(s) is
permitted if a minimum of six (6) separate businesses are displayed.
D. Wall Signs.
1.
Any exterior sign display shall pertain to a use conducted within
the building and shall be attached to said building.
2.
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.
E. Electronic Message Centers.
1.
Electronic message centers (FMCs) may be used as freestanding
or wall signs.
2.
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).
3.
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.
4.
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.
5.
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.
F. 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]
A. 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.
B. Conforming.
1.
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.
C. Non-Conforming. A non-conforming sign which is otherwise lawful may
be continued in place so long as:
1.
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.
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.
2.
The type of material used in the construction of the sign is
not changed.
3.
The size of the sign is not changed.
4.
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.
5.
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]
A. 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.
B. 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.
C. 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.
D. 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 400.440 of the Code of Ordinance.
E. 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.
F. 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.