City of Blue Springs, MO Chapter 501 Sign Code

Section 501.010 Generally.

[Ord. No. 4885, 2-3-2020[1]]

A. Title. The regulations of this Title shall be officially known and cited as the "Sign Code of the City of Blue Springs, Missouri," although it may be called hereafter the "Sign Code."

B. Authority. This Sign Code is enacted pursuant to the police powers granted and limitations imposed by the City's Charter and the United States and Missouri Constitutions and all applicable law, including the statutory authority granted in Chapter 89, RSMo., as amended.

C. Purpose And Intent.

1. Generally. The purpose of this Sign Code is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.

2. Objectives. The objective of this Sign Code is to provide a balanced and comprehensive legal framework for the regulation of signs that:

a. Provides for signs as an effective channel of communication, while ensuring that signs are designed and proportioned to promote and protect the public health, safety and general welfare;

b. Promotes public safety by ensuring signs do not create a structural hazard due to collapse, fire, or otherwise general decay;

c. Promotes public safety by ensuring signs do not visually or physically obstruct, impede, or interfere with the safe, uniform, and efficient operation of all modes of transportation;

d. Preserves and enhances property values and the character, attractiveness, and general welfare of Blue Springs as a place to live and conduct business; and

e. Provides fair and consistent permitting and enforcement.

3. General Findings Of Fact. The City Council finds and declares that:

a. Signs are a vital and effective means of communication for the health and sustainability of many businesses and the conveyance of non-commercial messages protected by the constitutional guarantee of free speech; and

b. Reasonable and constrained regulation of signs, unrelated to the message itself, are necessary and desirable to balance the needs of individual property owners to convey their commercial and non-commercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community to preserve, protect, and enhance the character, attractiveness, health, safety, and general welfare of Blue Springs as a place to live and conduct business because:

(1) Signs that are not properly maintained or repaired create potential public safety hazards and degrade the character and attractiveness of Blue Springs;

(2) Signs that visually or physically obstruct, impede, or interfere with the safe, uniform, and efficient operation of all modes of transportation infringes on public safety;

(3) The unrestricted proliferation and placement of signs of all sizes, shapes, materials, and other features may dilute or obscure messages and result in visual blight, discord, confusion, and clutter that degrades the character, attractiveness, and general welfare of Blue Springs as a place to live and conduct business; and

(4) The uncontrolled use of off-premise outdoor advertising signs of all sizes, shapes, materials, and other features can be detrimental to the purposes of this Chapter and the character, attractiveness, and general welfare of Blue Springs as a place to live and conduct business.

D. Severability.

1. If any court of competent and final jurisdiction declares any part of this Sign Code to be invalid, that ruling shall not affect any other provisions of this Sign Code not specifically included in that ruling.

2. If any court of competent and final jurisdiction declares that the application of this Sign Code to a particular property, sign or sign structure is invalid, that ruling shall not affect the application of said regulations to any other property, sign, or sign structure.

3. No provision of this Chapter shall apply to any circumstances in which such application shall be unlawful under superseding Federal or State law.

[1] Editor's Note: Former Chapter 501, Sign Code, containing Sections 501.010 through 501.190, was repealed 2-3-2020 by Ord. No. 4885.

Section 501.020 Applicability.

[Ord. No. 4885, 2-3-2020]

A. Generally.

1. Jurisdiction. This Sign Code shall apply to all signs within the incorporated area of the City of Blue Springs, unless specifically exempted.

2. Conflicts. When the provisions of this Sign Code are inconsistent with one another or when the provisions of this Sign Code conflict with the provisions found in other adopted ordinances or regulations, the more restrictive provision shall apply.

3. Private Restrictions. This Sign Code does not limit, modify, or nullify any easements, covenants, leases, or other existing private agreements that are more restrictive than this Chapter.

4. Message Neutrality And Substitution. It is the City's policy and intent to regulate signs in a manner consistent with the United States and Missouri Constitutions and all applicable law, and which is content-neutral as to protected free speech. The City shall not deny the display of any protected non-commercial message if it would also permit the display of a commercial message, when all else is held constant.

B. Exempt Signs. The provisions of this Sign Code shall not apply to the following signs when said signs are not in violation of Section 501.030(G)(2 — 7):

1. Signs Of Governmental Or Regulatory Purpose. This shall include:

a. Official governmental signs erected by or on behalf of a governmental entity, agency, or public authority when located within a public right-of-way or other property owned and controlled by said governmental entity, agency, or public authority responsible for such sign. This includes signs authorized and placed on behalf of the governmental entity, agency, or public authority that owns and controls said right-of-way or other property. For example, signs in a City park are exempt when authorized by the City, subject to its self-imposed rules as property owner (e.g., Section 905.060, Advertising and Signage in Parks).

b. Any signs required to be erected by Federal, State, or local law, regulation, or ordinance, including but not limited to the Manual on Uniform Traffic Control Devices, ADA Standards for Accessible Design, Hazard Communication Standards, USPS Mailbox Regulations, street addressing, public notices, court-mandated sales signs, etc.

c. Any signs warning of a hazard on the premises or regulating the use of the premises on which said sign is located, such as "no trespassing," "no hunting," "no parking," "no soliciting," or "beware of animal" signs that do not exceed three (3) square feet in area per sign in residential zoning districts and six (6) square feet in area per sign in non-residential zoning districts. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with State law.

2. Signs Of Limited Visibility Or Concern. This shall include:

a. Any sign structure or face not visible from the public right-of-way or from an abutting property.

b. Signs located entirely within the interior of a building or structure.

c. Signs located entirely underneath an awning, canopy, or similar that:

(1) Are not legible from the public right-of-way or abutting property;

(2) Are not prohibited by Section 501.110(B)(1 — 14); and

(3) Meet the placement standards in Section 501.040(A).

d. Signs affixed or applied to a window or door that cumulatively do not cover more than twenty-five percent (25%) of each individual window or door.

e. Signs that are integral to the design of a building or structure, such as signs that are carved or etched into the masonry surface of the building or structure;

f. Signs that do not exceed three (3) square feet, are made of solid metal or other similar material, and is inset into the surface of a building or structure (e.g., memorial plaques).

g. Signs painted or otherwise applied to the ground or pavement that:

(1) Do not project above the surface of the ground;

(2) Do not exceed fifty (50) square feet; and

(3) Are set back a minimum of twenty-five (25) feet from the public right-of-way.

h. One (1) flag per property provided it is mounted to a building and no larger than twenty (20) square feet in area.

i. Manufacturer or seller markings on machinery or equipment.

j. Temporary decorations of any type, number, area, height, location, illumination, or animation that meet the placement standards in Section 501.040(A) and do not pose a pedestrian or traffic hazard, such as temporary decorations located on buildings or structures so as not to conflict with or obstruct traffic regulatory devices.

3. Signs Accompanying A Temporary Use Or Event. Signs must be approved with a temporary use or event permitted by Section 220.770, Chapter 390, or Section 405.070.

4. Residential Signs On Small Properties. Signs located in residential zoning districts on properties with less than three hundred (300) linear feet of frontage on one (1) street that:

a. Convey a commercial message (e.g., "property for sale," "garage sale," etc.) relevant to the premise on which it is located, except when related to a home occupation use, or convey any message within the protection of the First Amendment;

b. Are not prohibited by Section 501.110(B)(1 — 14);

c. Meet the placement standards in Section 501.040(A);

d. Maintain a minimum spacing between signs of ten (10) feet when located within ten (10) feet of a public right-of-way;

e. Do not exceed a cumulative sixty (60) square feet per property; and

f. Meet either of the following criteria:

(1) Limited to one (1) temporary sign up to eight (8) square feet in sign area and up to five (5) feet in height per property; or

(2) Any number of temporary signs up to six (6) square feet in sign area and three (3) feet in height.

5. Residential Signs On Large Properties. Signs located in residential zoning districts on properties with a minimum of three hundred (300) linear feet of frontage on one (1) street that:

a. Convey a commercial message (e.g., "property for sale," "garage sale," etc.) relevant to the premise on which it is located, except when related to a home occupation use, or convey any message within the protection of the First Amendment;

b. Are not prohibited by Section 501.110(B)(1 — 14);

c. Meet the placement standards in Section 501.040(A);

d. Maintain a minimum spacing between signs of twenty-five (25) feet when located within twenty-five (25) feet of a public right-of-way;

e. Do not exceed a cumulative eighty (80) square feet per property; and

f. Meet either of the following criteria:

(1) Limited to one (1) temporary sign up to thirty-two (32) square feet in sign area and up to eight (8) feet in height per property; or

(2) Any number of temporary signs up to eight (8) square feet in sign area and four (4) feet in height.

6. Non-Residential Signs. Signs located in non-residential zoning districts that:

a. Convey a commercial message (e.g., "property for sale," "coming soon," "grand opening," "huge sale," "now hiring," etc.) relevant to the premise on which it is located, or convey any message within the protection of the First Amendment;

b. Are not prohibited by Section 501.110(B)(1 — 14);

c. Meet the placement standards in Section 501.040(A); and

d. Meet any of the following criteria:

(1) Any number of temporary signs that do not exceed eighty (80) square feet per property, provided:

(a) Each temporary sign does not exceed eight (8) square feet in sign area and four (4) feet in height, except no more than one (1) sign per property may exceed these standards provided the one (1) sign does not exceed thirty-two (32) square feet in sign area and eight (8) feet in height; and

(b) They maintain a minimum spacing between signs of twenty-five (25) feet when located within twenty-five (25) feet of a public right-of-way.

(2) Limited to one (1) temporary sign up to thirty-two (32) square feet in sign area and eight (8) feet in height per premise, when the sign is displayed no longer than ninety (90) days after any of the following dates:

(a) When a business or entity first opens to the public, as provided on their business license application or determined by the Administrator; or

(b) The date the premise obtains a certificate of occupancy or completion for a building permit.

(3) Limited to one (1) temporary sign up to thirty-two (32) square feet in sign area and eight (8) feet in height per property when located on a premise with an active building permit.

(4) Any number or size of temporary signs when attached to a temporary construction fence located on a premise with an active building permit.

(5) Any number of permanent signs up to six (6) square feet in sign area, provided:

(a) They do not cumulatively exceed sixty (60) square feet per property;

(b) They maintain a minimum setback of twenty-five (25) feet from the public right-of-way; and

(c) They meet the illumination standards in Section 501.040(B)(3).

7. Signs On Public Sidewalk. Signs shall be exempt when:

a. Located and placed on a public sidewalk that abuts a building with a zero (0) foot setback from the public right-of-way, provided only the occupants of the abutting building may place a sign within said section of public sidewalk;

b. Limited to display only when the abutting building is open to the public (e.g., business hours) and when the Director of Public Works determines the display of said sign is not of public concern. Said sign may be confiscated without notice if the abutting building is not open to the public. Said sign may be confiscated if the sign is not promptly removed after verbal notice is given to the occupant of said building open to the public, that a public concern exists. Public concern, may include, but is not limited to encroachment on an ADA-compliant pedestrian route or signage that compromises Federal funding of a public improvement project;

c. Conveying a commercial message (e.g., "property for sale," "coming soon," "grand opening," "huge sale," "now hiring," etc.) relevant to the abutting building or convey any message within the protection of the First Amendment;

d. Not prohibited by Section 501.110(B)(3 — 14);

e. Limited to one (1) sign per abutting building entrance and six (6) square feet in sign area;

f. Constructed with permanent materials; and

g. The sign structure is self-supporting, such as an A-frame sign (e.g., shall not lean against anything or be staked into the ground).

8. Vehicle Signs. Signs attached to vehicles or trailers when they:

a. Are mounted, affixed, magnetically attached, or painted on an operable vehicle or trailer;

b. Contain no flashing or moving elements;

c. Do not project beyond the surface on which they are attached a distance in excess of twelve (12) inches; and

d. Meet one (1) of the following:

(1) Are parked for less than forty-eight (48) consecutive hours in any lawful parking space and the sign is any size; or

(2) Are parked for more than forty-eight (48) consecutive hours in any lawful parking space and the sign is either:

(a) Six (6) square feet or smaller; or

(b) One hundred (100) square feet or smaller and the vehicle is setback a minimum of thirty (30) feet from the public right-of-way. If the sign cannot comply with the size or setback restrictions, a sign permit shall be required to approve the temporary use of a designated parking space for said vehicle that minimizes the impact of the sign and said sign shall count against the allowed signage for that property, as determined by the Administrator.

9. Person Signs. Private persons dressed in costume or displaying signs expressing non-commercial messages that are within the protection of the First Amendment on private property or in a traditional public forum, subject to the following:

a. The signs must be held by or attended by one (1) or more persons;

b. Signs shall not be inflatable or otherwise air-activated by mechanical device;

c. In order to serve the City's interest in traffic flow and safety, persons and signs shall not:

(1) Visually or physically obstruct, impede, or interfere with the safe, uniform, and efficient operation of traffic or pedestrians on streets, sidewalks, or trails;

(2) Be located on a public street median or round-a-bout;

(3) Conduct sales, transfer product, or collect monies of any kind; and

(4) Obstruct or impede scheduled activities.

C. Transitional Provisions.

1. Intent. It is the intent of this Section to encourage, and to the maximum extent practicable, require that all signs within the City be brought into compliance with the terms of this Sign Code.

2. Non-Conforming Signs And Sign Structures.

a. Applicability. This Section shall apply to existing legal non-conforming signs, which are defined as any sign or sign structure:

(1) Constructed legally prior to the effective date of this Sign Code or any amendment thereof but does not conform to the provisions of the effective Sign Code; or

(2) Constructed prior to annexation into the corporate limits of Blue Springs and does not conform to the provisions of the effective Sign Code.

b. Unlawfully Constructed Non-Conforming Signs. It shall be unlawful to fail to remove any sign or sign structure constructed prior to the effective date of this Sign Code or any amendment thereof when said sign was not in conformance with the Sign Code in effect when the sign was constructed.

c. Continued Use And Maintenance. All existing legal non-conforming signs may continue in use according to the plans and terms approved by its valid sign permit and further limited to the following:

(1) General repairs and maintenance, including repainting, electrical repairs, and light repair or replacement; and

(2) Changes of sign face, panels, or message that neither alters, enlarges, expands, or increases the sign structure nor adds any feature to the sign that did not previously exist, such as illumination.

d. Required Compliance. Any existing n shall lose its legal non-conforming status and be immediately brought into conformance with this Sign Code or removed if any of the following conditions occur:

(1) When the sign becomes damaged to the extent of fifty percent (50%) or more of its structural value prior to such damage, regardless of the cause of the damage;

(2) When the sign becomes an imminent danger to public safety;

(3) When there is a request to obtain a sign permit to alter, enlarge, expand, or increase the sign structure or add any feature to the sign that did not previously exist, such as illumination, except the sign permit may be approved and the sign shall keep its legal non-conforming status when the request:

(a) Meets the placement standards in Section 501.040(A); and

(b) Does not alter any feature of the existing sign, except it may bring the sign closer to conformance by reducing both of the following non-conformities, as applicable:

(i) Height. The height of the sign shall be reduced by no less than one-half (1/2) the height above the maximum allowed height (e.g., a twenty (20) foot pole sign on a property only allowed a ten (10) feet tall monument sign at the existing setback may be reduced to a fifteen (15) feet pole sign); and

(ii) Sign Area. The sign area of the sign shall be reduced by no less than one-half (1/2) the sign area above the maximum (e.g., a one hundred twenty-five (125) square feet sign with a seventy-five (75) square feet max. sign area regulation may be reduced to one hundred (100) square feet);

(4) When there is a request to obtain a sign permit to relocate the sign or any part of the sign, except the sign permit may be approved and the requested sign shall keep its legal non-conforming status when:

(a) The sign is acquired by a public entity for public use by condemnation, purchase, dedication, or any other means, the sign may be relocated, at the discretion of the City, on the remaining lot provided that:

(i) No part of the sign is altered, enlarged, expanded, or increased;

(ii) The sign is relocated in the same relative position on the remaining property that it occupied prior to relocation; and

(iii) The sign meets the placement standards in Section 501.040(A); or

(b) The existing sign is completely removed, and the requested sign:

(i) Is an allowed sign type in the underlying zoning district; and

(ii) Meets all Sign Code, including placement standards in Section 501.040(A), except the setback of the requested sign may be reduced by no more than one-half (1/2) the distance between the existing setback and the required setback (e.g., an existing pole sign with a five (5) feet setback may be replaced by a monument sign with a seven and five tenths (7.5) feet setback when a ten (10) feet setback is required for said monument sign).

(5) When there is a request to obtain a building permit to make improvements to twenty-five percent (25%) of the facade on which the sign is located, except for legal non-conforming billboards;

(6) When there is a request to obtain a building permit to construct a building addition that increases the existing building area by twenty-five percent (25%) on the property on which the sign is located, except for legal non-conforming billboards;

(7) When there is a request to obtain a sign permit to construct a new monument, pylon, pole, or three-dimensional sign on the property on which the sign is located, except for legal non-conforming billboards;

(8) When a period of one hundred eighty (180) consecutive days elapses after the premise on which the sign is located has been deemed a vacated premise, except for legal non-conforming billboards; or

(9) When a period of one hundred eighty (180) consecutive days elapses after a legal non-conforming billboard conveys either no message (i.e., a blank sign) or a message that is no longer pertinent (e.g., reference to a business that no longer exists).

3. Legacy Master Sign Plans.

a. Applicability. This Section shall apply to legacy master sign plans, which are defined as any master sign plan or alternative sign plan approved prior to the effective date of this Sign Code or any amendment thereof.

b. Continued Binding Effect. All legacy master sign plans shall be treated as if it were approved as a master sign plan under this Sign Code. No permanent sign shall be permitted on the subject property except in conformance with such plan. A legacy master sign plan shall be enforced in the same manner as any other provision of this Sign Code.

c. Expiration. Any legacy master sign plan shall continue in perpetuity, except the legacy master sign plan shall expire when:

(1) The legacy master sign plan is no longer applicable to the property due to demolition of the principal structure, or other similar reasons;

(2) A new master sign plan is approved; or

(3) Annulled by Planning Commission through the master sign plan process with the criteria that prior to annulment, all existing signs shall conform to this Sign Code.

4. Holdover Applications.

a. Sign Permits. Any sign permit for which a complete application was submitted to the Administrator prior to the effective date of this Sign Code or any amendment thereof, shall be approved if in compliance with the provisions of the Sign Code effective at the time of application. The sign shall be deemed an existing legal non-conforming sign if constructed according to the approved permit within six (6) months of the permit issuance date. The permit shall expire after six (6) months with no option to extend.

b. Master And Alternative Sign Plans. Any master sign plan or alternative sign plan for which a complete application was submitted to the Administrator prior to the effective date of this Sign Code or any amendment thereof, shall be approved if in compliance with the provisions of the Sign Code effective at the time of application and said application shall be deemed a legacy master sign plan if approved.

5. Holdover Violations. Any violation of the previous sign regulations of the City shall continue to be a violation under this Sign Code and shall be subject to penalties and enforcement under Section 501.030(F), unless the violation is clearly consistent with the express terms of this Sign Code as determined by the Administrator, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred prior to the effective date of this Sign Code.

Section 501.030 Administration.

[Ord. No. 4885, 2-3-2020]

A. Generally.

1. Administrator. The Community Development Director or their designee ("Administrator") is authorized and directed to administer and enforce this Sign Code.

2. Interpretation. The Administrator shall interpret this Sign Code as the need for interpretation arises, including for application to specific issues and proposed signs. Such interpretations may be appealed in accordance with the procedures in Section 501.030(E).

3. Required Compliance. All construction, enlargement, alteration, modification, relocation, placement, usage, or display of signs or sign structures within the City shall conform to this Sign Code, all State and Federal regulations concerning signs and advertising, and the Building Code adopted in Chapter 500 of this Code.

4. Sign Plan Requirements. Any application within this Chapter shall provide a sign plan with sufficient information to verify compliance with the requirements of this Chapter. When deemed necessary in the opinion of the Administrator, sign plans shall be sealed by a surveyor, engineer, or architect licensed in the State of Missouri. Sign plans shall include, but are not limited to:

a. Length of time the sign will be displayed;

b. Site plans and/or building elevations illustrating the location of signage and the dimensions of the property and/or building;

c. Sign details including dimensions, materials, illumination, message, and other features.

5. Owners Consent. No sign may be displayed on private property without the consent of the legal owner of the property or the party holding the present right to install and maintain signage. The City may require evidence of consent when enforcing the requirements of this Sign Code.

6. Responsible Parties. The responsibility for compliance with this Sign Code rests jointly and severally upon the sign owner, the sign operator, all parties holding the present right of possession and control of the property whereon a sign is displayed, mounted, or installed, and the legal owner of the property, even if the sign was displayed, mounted or installed without the consent of the owner and/or applicable parties.

7. Extension Of Deadline. If a deadline for an act required by this Code falls on a weekend or a scheduled holiday, the time for performing such an act shall be extended to the next working day.

8. Accessory Use. Signs shall be accessory to the principal use and structure on premise, unless otherwise provided in this Sign Code. A sign shall be considered an accessory when it:

a. Conveys a message relevant to the principal use or a message protected as free speech by the United States and Missouri Constitutions and all applicable law; and

b. Is located on the same premise as both the principal use and structure; except

(1) Temporary signs are allowed on premises where no principal structure exists; and

(2) Permanent signs are allowed on premises where no principal structure exists only when due to the nature of the principal use (e.g., parking lot signs, residential subdivision signs, etc.).

B. Sign Permitting.

1. Applicability. No sign or sign structure shall be erected, constructed, enlarged, altered, repaired, maintained, placed, moved, improved, used, or displayed without first obtaining a sign permit from the City, unless specifically exempted by this Sign Code.

a. Exempt From Permitting.

(1) Exempt signs as listed in Section 501.020(B);

(2) Maintenance. Legal or legal non-conforming signs and sign structures may be maintained without obtaining a sign permit;

(3) Refacing Incidental Signs. Incidental ground- and building-mounted signs may be refaced without obtaining a sign permit if the approved sign structure is not altered and the message remains illegible from any public right-of-way or abutting residentially zoned property. Refacing of incidental signs may occur by manual or electronic method, provided any electronic method meets the requirements of the applicable type of illuminated sign.

(4) Refacing Flags And Paired-Bracket Banners. Flags and paired-bracket banner signs may be refaced without obtaining a sign permit if the entire sign face is removed and replaced in full, provided that any restriction on the message of the sign is not violated.

(5) Billboard Refacing. Legal or legal non-conforming billboards may be refaced without obtaining a sign permit, if the resulting sign complies with the requirements of this Sign Code and all other applicable requirements of any presiding jurisdiction (e.g., Sections 226.500 — 226.600, RSMo.).

2. Application. The Administrator shall prescribe forms and submittal requirements for sign permits as needed to administer this Sign Code.

3. Process. After a complete application is filed with the Administrator, the Administrator shall make a final determination within forty-five (45) days. Any application not processed within forty-five (45) days shall be deemed denied, unless the applicant consents in writing to a longer time period.

4. Approval. The Administrator may make one (1) of three (3) final determinations:

a. Approval as submitted, if application complies all provisions of this Sign Code;

b. Approval with the conditions necessary to ensure compliance with all provisions of this Sign Code; or

c. Denial, if the application does not meet all requirements of this Chapter.

5. Final Inspection. City approval of a final inspection is required within one hundred eighty (180) days from the date of permit issuance. For permanent signs, the applicant shall be responsible for requesting the Administrator to conduct a final inspection. For temporary signs, the Administrator shall be responsible for conducting inspections to ensure compliance with the installation and removal dates provided by the applicant on the approved permit.

6. Expiration. Issued sign permits shall expire and become void if the work authorized by the permit has not passed final inspection within one hundred eighty (180) days from the date of permit issuance, or if the work is abandoned (as evidenced by appearance of abandonment and not intent of the applicant) for a period of thirty (30) days or more at any time after the work is commenced.

7. Sign Permits After Expiration. Prior to commencing or resuming work after expiration, a new sign permit shall be obtained and a fee of one-half (1/2) the amount required for a new permit shall be paid to the City, provided that no more than one (1) year has passed since the original sign permit issuance and no material changes were made to the originally approved plans.

8. Suspension Or Revocation. The Administrator is authorized to suspend or revoke a sign permit issued under the provisions of this Code wherever the permit is issued in error or based on incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any provision of this Sign Code.

C. Administrative Sign Plan.

1. Applicability. Every development, whether new or an existing redevelopment, with three (3) or more separate tenant spaces in a non-residential zoning district requiring a site plan design review per Section 403.070 shall obtain approval of an administrative sign plan prior to approval of any sign permit for permanent signage, except when a master sign plan is in effect.

2. Review Criteria. Administrative sign plans shall:

a. Meet all provisions of this Sign Code, which may include bringing all existing legal non-conforming signs into compliance with Section 501.020(C) (Transitional Provisions);

b. Create cohesive design standards applicable throughout the subject property. The Administrator may require consistency of the following items:

(1) Sign design (e.g., all signs must be individually mounted letter signs);

(2) Sign placement (e.g., all signs must be installed fifteen (15) feet above finished grade);

(3) Sign area (e.g., all signs must be ten (10) feet wide by two (2) feet tall);

(4) Letter size or font (e.g., all sign lettering must be twenty-four (24) inches tall with a six (6) inch stroke);

(5) Color (e.g., all signs must be white in color); and

(6) Or any other design standard deemed necessary to create consistent and cohesive design standards.

3. Application. The Administrator shall prescribe forms and submittal requirements for administrative sign plans as needed to administer this Sign Code.

4. Process. After a complete application is filed with the Administrator, the Administrator shall make a final determination within forty-five (45) days. Any application not processed within forty-five (45) days shall be deemed denied, unless the applicant consents, in writing, to a longer time period.

5. Approval. The Administrator may make one (1) of three (3) final determinations:

a. Approval as submitted, if application meets the administrative sign plan review criteria;

b. Approval with the conditions necessary to meet the administrative sign plan review criteria; or

c. Denial, if the application does not meet the administrative sign plan review criteria.

6. Binding Effect. After approval of an administrative sign plan, no permanent sign shall be permitted on the subject property except in conformance with such plan. An administrative sign plan shall be enforced in the same manner as any other provision of this Sign Code.

7. Expiration. Any administrative sign plan shall continue in perpetuity, except the administrative sign plan shall expire when:

a. The administrative sign plan is no longer applicable to the property due to demolition of the principal structure, or other similar reasons;

b. A new or amended administrative sign plan is approved;

c. A master sign plan is approved; or

d. Annulled by Planning Commission through the master sign plan process with the criteria that prior to annulment, all existing signs must conform to this Sign Code.

8. Revocation. The Administrator is authorized to revoke approval of an administrative sign plan wherever the administrative sign plan is approved in error or based on incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any provision of this Sign Code.

D. Master Sign Plan.

1. Applicability. Master sign plans are intended to review sign plans that do not meet or are not addressed by this Sign Code. Master sign plans may be requested when the proposed sign plan:

a. Includes a sign type required to be approved by master sign plan; or

b. Does not comply with one (1) or more provisions of this Sign Code.

2. Review Criteria. Approval of a master sign plan shall:

a. Meet the intent of this Sign Code;

b. Not result in or create a precedent that may result in visual blight, discord, confusion, or clutter that significantly dilutes or obscures the message of other signs or degrades the character, attractiveness, and general welfare of Blue Springs as a place to live and conduct business;

c. Not result in signage that significantly alters the architectural, cultural, historic, or contextual character of the surrounding area due to the size or location of the signage;

d. Not infringe on public safety or interfere in any way with the safe operation of all modes of transportation;

e. Not impact the rights of adjacent and nearby property owners, residents, and any other entity with a vested interest;

f. Be based on the time, place, and manner of the proposed signage, not on the content or message of the signage; and

g. Meet the following review criteria as applicable:

(1) When requesting signage that does not adhere to the design or construction standards (Section 501.040(B — C), the sign shall provide higher quality signage than required by this Sign Code and exhibit aesthetic quality, creativity, or innovation;

(2) When requesting signage that does not adhere to the permanent sign standards (Section 501.060), the sign shall:

(a) Be warranted due to the nature of the use or the physical characteristics, size, and/or location of the property; or

(b) Provide higher quality signage than required by this Sign Code and exhibit aesthetic quality, creativity, or innovation;

(3) When requesting approval of a pole sign, the sign shall be displayed in a location that balances the applicant's desire to advertise to traffic on Interstate Highway 70 and the community's desire to keep local roads attractive and free of overtly large signage;

(4) When requesting approval of a three-dimensional (3D) sign, the sign shall provide higher quality signage than required by this Sign Code and exhibit aesthetic quality, creativity, or innovation;

(5) When requesting approval of a historic sign, the sign shall:

(a) Obtain a recommendation from the Historic Preservation Committee;

(b) Be a minimum age of thirty (30) years old. Age must be verified with written documentation of the history of the sign and its significance to Blue Springs;

(c) Exhibit aesthetic quality, creativity, and/or innovation;

(d) Be unique; historically significant; originally associated with a chain or business that is either a local or regional chain or business; be recommended for preservation by scholarly documentation; or be a rare surviving example of a once common sign type; and

(e) Retain most of its character defining features. A restoration and maintenance plan must be provided to clearly define these features and ensure their restoration and maintenance.

(6) When requesting approval of a mural, the sign shall:

(a) Obtain a recommendation from the Public Art Commission.

(b) Exhibit aesthetic quality, creativity, and/or innovation that:

(i) Inspires civic pride by embracing the history, arts, or culture of the City of Blue Springs; or

(ii) Complements the existing collection of public art by being of artistic value;

(c) Not be overtly commercial in nature, when viewed in its entirety and in relation to the underlying use on the property; and

(d) Be maintained for the duration of its display and removed in its entirety after said duration or if it falls into a state of disrepair. A maintenance and removal plan must be provided. Said plan should outline the entity responsible for maintenance over the entire life of the mural, what constitutes disrepair, and the date or event when the sign will be removed (e.g., change in ownership, demolition of building, etc.). The applicant must ensure this plan complies with and addresses any issue created by the Visual Artist Rights Act (VARA).

(7) When requesting approval of any other permanent sign, the sign shall provide higher quality signage than required by this Sign Code and exhibit aesthetic quality, creativity, or innovation.

3. Application. The Administrator shall prescribe forms and submittal requirements for master sign plans as needed to administer this Sign Code.

4. Process. After a complete application is filed with the Administrator, the Administrator shall schedule the application to be heard by the Planning Commission no later than their first regular meeting that is at least twenty-four (24) days after the application filing date. The Planning Commission shall make a final determination within forty-five (45) days of said first meeting, after which it shall be deemed denied, unless the applicant consents, in writing, to a longer time period.

5. Approval. The Planning Commission may make one (1) of three (3) final determinations:

a. Approval as submitted, if application meets the master sign plan review criteria;

b. Approval with the conditions necessary to meet the master sign plan review criteria; or

c. Denial, if the application does not meet the master sign plan review criteria.

6. Binding Effect. After approval of a master sign plan, no permanent sign shall be permitted on the subject property except in conformance with such plan. A master sign plan shall be enforced in the same manner as any other provision of this Sign Code.

7. Expiration. Any master sign plan shall continue in perpetuity, except the master sign plan shall expire when:

a. The master sign plan is no longer applicable to the property due to demolition of the principal structure, or other similar reasons;

b. A new or amended master sign plan is approved; or

c. Annulled by Planning Commission through the master sign plan process with the criteria that prior to annulment, all existing signs shall conform to this Sign Code.

E. Appeals.

1. Appeal For Minor Sign Adjustment. Applicants may seek approval from the Administrator to allow for minor adjustments from this Sign Code on a form supplied by the department for this purpose in response to unanticipated sign location issues or unusual physical site conditions, which may cause the need for some minor adjustments to be made to the allowable sign area, height, setback, or spacing.

a. Allowed Minor Adjustments. The Administrator may authorize minor adjustments to the Sign Code that allow one (1) of the following:

(1) Allow for sign heights to be increased up to a maximum of two (2) feet in height; or

(2) Allow the maximum sign area or dimensions of an individual sign to be increased up to a maximum of ten percent (10%) of the area or dimension otherwise provided; or

(3) Allow the sign to encroach into a required property line setback up to a maximum of twenty percent (20%) of the required setback if such encroachment will not create a threat to public health or safety; or

(4) Allow the sign to be located closer to another sign by reducing a required minimum spacing between signs by up to twenty percent (20%).

b. Application. The Administrator shall prescribe forms and submittal requirements for appeals for minor sign adjustment as needed to administer this Sign Code.

c. Process. After a complete application is filed with the Administrator, the Administrator shall make a final determination within forty-five (45) days. Any application not processed within forty-five (45) days shall be deemed denied, unless the applicant consents, in writing, to a longer time period.

d. Approval. The Administrator may make one (1) of three (3) final determinations:

(1) Approval as submitted, if the request is an allowed minor adjustment and in the opinion of the Administrator, is warranted due to unusual physical site conditions or unanticipated sign location issues; or

(2) Approval with the conditions necessary to ensure the request is an allowed minor adjustment and in the opinion of the Administrator, is warranted due to unusual physical site conditions or unanticipated sign location issues; or

(3) Denial, if the application is not an allowed minor adjustment or in the opinion of the Administrator, is not warranted due to unusual physical site conditions or unanticipated sign location issues.

2. Appeal Of Administrative Decision. Any final determination, including an application that has been deemed denied by reason of the passage of time, made by the Administrator may be appealed to the Planning Commission by any person aggrieved by the determination.

a. Application. A written notice of appeal must be filed with the Administrator within ten (10) days of the administrative determination.

b. Process. After a written notice of appeal is filed with the Administrator, the Administrator shall schedule the appeal to be heard by the Planning Commission no later than their first regular meeting that is at least twenty-four (24) days after the application filing date. The Planning Commission shall make a final determination within forty-five (45) days of said first meeting, after which it shall be deemed denied, unless the applicant consents, in writing, to a longer time period.

c. Approval. The Planning Commission shall approve, approve with modifications, or deny the original application based on the criteria established by this Sign Code.

3. Appeal Of Planning Commission Decision. Any final determination, including an application or appeal that has been deemed denied by reason of passage of time, made by the Planning Commission may be appealed to the City Council by the applicant, any owner of land directly affected by the action or proposed action, any person that the City Council determines to be actually or potentially aggrieved by the determination, the Administrator, or any person otherwise given the right of appeal by law.

a. Application. A written notice of appeal must be filed with the Administrator within ten (10) days of the Planning Commission determination.

b. Process. After a written notice of appeal is filed with the Administrator, the Administrator shall schedule the appeal to be heard by the City Council. The City Council shall make a final determination within sixty (60) days of the date that the appeal was filed, after which it shall be deemed denied, unless the applicant consents, in writing, to a longer time period. The hearing shall be made on the record. The applicant shall have full right to be represented by counsel at the hearing and may produce witnesses and evidence on their behalf.

c. Approval. The City Council shall approve, approve with modifications, or deny the original application based on the criteria established by this Sign Code.

4. Appeal Of City Council Decision. Any final determination of the City Council may be appealed to the Circuit Court.

F. Enforcement.

1. Generally.

a. Enforcement. The City may exercise any and all enforcement powers and remedies granted to them by Federal or Missouri law, as they may be amended from time to time, and the City Code to bring any violation of this Sign Code or other related provisions into compliance. The enforcement powers and remedies established in this Sign Code shall be cumulative.

b. Responsibility For Violations. Any and all responsible parties, as defined in Section 501.030(A)(6), are jointly and severally responsible for the violations, penalties, prescribed civil or criminal sanctions, and for the abatement of violations of this Sign Code.

c. Voluntary Compliance. Prior to serving a due notice, the City may first seek voluntary compliance with this Sign Code through verbal warnings or other informal notices designed to achieve compliance in the most efficient and effective manner under the circumstances. Informal notices shall not constitute as due notice.

d. Notice Of Violation. Unless specifically exempted by this Sign Code, the City shall serve a written notice of violation or order to the responsible party, as defined in Section 501.030(A)(6), for any violation of this Sign Code. Said notice shall be given in person, by United States Mail postage prepaid, or by posting notice on the premises. Such notice or order shall direct the discontinuance of the unlawful act and the time period for compliance. The notice may list the necessary corrective actions and subsequent penalties for failure to comply. This shall constitute due notice.

e. Prosecution Of Violation. If the responsible party fails to promptly abate the violation after due notice, the City is authorized to request legal counsel to exercise any and all enforcement powers and remedies appropriate for the violation. Each day a violation continues after due notice has been served shall be deemed a separate offense.

2. Enforcement Powers And Remedies. Any responsible party who fails to comply with the notice of violation shall be subject to any and all enforcement powers and remedies granted to the City by Federal or Missouri law, as they may be amended from time to time, and the City Code, which includes but is not limited to the following:

a. Penalties. The City may impose penalties for any violation of this Sign Code pursuant to Section 100.080 and the City may seek such criminal or civil penalties as provided by Missouri law or Municipal Code.

b. Withhold Permits. The City may deny, withhold, or condition approval of any permit or other form of authorization issued pursuant to this Sign Code or any other City Code on:

(1) Any land, structure, or use upon which there is any violation of this Sign Code. This provision shall apply regardless of whether the current applicant or property owner is responsible for the violation in question.

(2) Any land, structure or improvement owned or being developed by a person who owns, developed or otherwise caused any violation of this Sign Code. This provision shall apply regardless of whether the property being withheld from permitting is the property in violation.

c. Revoke Permits. The City may revoke any permit on any land on which there is any violation of this Sign Code.

d. Stop Work. With or without revoking permits, the City may stop work on any building, structure, or sign on any land on which there is any violation of this Sign Code, pursuant to the Building Code as adopted in Chapter 500.

e. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunctive or other equitable relief, or other action or proceeding in any court of competent jurisdiction to abate or remove a violation or to otherwise restore the sign or premises in question to the condition in which they existed prior to the violation of this Sign Code pursuant to Sections 245.060 through 245.150 and 245.270.

f. Confiscation. The City may confiscate and appropriately dispose any sign illegally erected, constructed, placed, or displayed on public property or within the public right-of-way.

G. Violations.

1. Signs In General Violation. It shall be unlawful to erect, construct, enlarge, alter, repair, maintain, place, move, improve, use, or display any sign, or cause or permit the same to be done in violation of this Sign Code or in violation of other applicable laws, rules, regulations, or policies regarding signs. Any such violation shall be deemed and declared to be a nuisance as allowed in Section 245.160.

2. Signs In Disrepair. It shall be unlawful to fail to maintain or keep in good repair any sign or sign structure. This shall include but is not limited to repairing the sign structure, sign face materials (e.g., metal, glass, plastic, etc.), and/or components (e.g., light bulbs, electrical wiring, etc.) which are missing, broken, damaged, deteriorated, defective, and/or malfunctioning. Any sign not properly maintained or kept in good repair shall be deemed and declared to be a nuisance as allowed in Section 245.160.

3. Signs Creating Imminent Danger. It shall be unlawful for any sign or sign structure, in part or in whole, to endanger life. Any sign or sign structure, as deemed by the Administrator, that endangers life due to the imminent danger of a structural failure or collapse, the presence of materials, gases, fumes, or vapors of an explosive or toxic nature, or the operation of defective or dangerous equipment shall be deemed and declared to be an issue of imminent danger as allowed in Section 515.310 and constitute a dangerous structure as allowed by Section 515.810. Without prior notice, the City may exercise any and all enforcement powers and remedies available in this Sign Code or the City Code to preserve public safety.

4. Signs Obstructing View On Corner Lots. It shall be unlawful for any sign or sign structure in part or in whole to materially impede vision through the public right-of-way sight triangle. This shall be deemed and declared to be an obstruction of view on corner lots as allowed in Section 505.020.

5. Signs Obstructing View On Private Drives. It shall be unlawful for any sign or sign structure in part or in whole to materially impede vision through the private drive sight triangle. This shall be deemed and declared to be a nuisance as allowed in Section 245.160.

6. Abandoned Signs. It shall be unlawful to display any sign with a message that has been deemed abandoned. This shall be deemed and declared to be a nuisance as allowed in Section 245.160. A message shall be deemed abandoned when it is no longer accessory to the principal use and structure as regulated by Section 501.030(A)(8), such as referencing a business that no longer exists on premise or a time, event, or purpose that no longer applies, except not to infringe on protected free speech.

7. Obsolete Signs. It shall be unlawful to fail to completely remove any sign and sign structure after losing its legal non-conforming status as regulated by Section 501.020(C). This shall be deemed and declared to be a nuisance as allowed in Section 245.160.

8. Deviation From Approved Plans. It shall be unlawful to materially deviate from the approved plans, specifications, and/or conditions or qualifications of approval unless an amended plan is filed with and approved by the City. Any such violation shall be deemed and declared to be a nuisance as allowed in Section 245.160.

9. Signs On Public Property. It shall be unlawful to erect, construct, place, or display any sign or sign structure on public property or within the public right-of-way, unless specifically permitted or exempted by this Sign Code. This shall be deemed and declared to be a nuisance as allowed in Section 245.160. Any sign either on public property or within the public right-of-way owned by the City of Blue Springs may be subject to confiscation without notice.

10. Failure To Comply After Notice. It shall be unlawful for any person served with a notice of violation to refuse to comply. Each day a violation continues after due notice has been served shall be deemed a separate offense.

Section 501.040 Design And Construction.

[Ord. No. 4885, 2-3-2020]

A. Placement Standards.

1. No sign shall be located off-premise except in conformance with Section 501.090.

2. No sign shall be erected on, in, over, or under any public property or public right-of-way except in conformance with Section 501.100.

3. No sign shall obstruct free and clear vision of the public right-of-way sight triangle or the private drive sight triangle.

4. No sign shall obstruct free use of any means of egress, including but not limited to fire escapes, any window or doorway or opening, and any utility access or Fire Department connection.

5. No sign shall interfere with any opening required for light or ventilation required by the Building Code adopted in Chapter 500.

6. No sign shall obstruct free use of any area intended for pedestrian use unless the lowest portion of the sign is a minimum of eight (8) feet above finished grade.

7. No sign shall obstruct free use of any area intended for vehicular use unless the lowest portion of the sign is a minimum of fourteen (14) feet above finished grade.

B. Design Standards.

1. Generally.

a. Signs shall complement the style, composition, materials, colors, and details of the principal structure and other signs on the same premise.

b. Signs shall fit proportionally to the building, structure, or sign structure on which it is attached and to the massing, elevation, and architectural features of said structure and shall not cover any architectural feature of the structure on which it is attached.

c. The message of the sign shall fit in proportion to the overall background of the sign.

d. Signs shall be designed so all components, such as raceways, supports, braces, fasteners, conduits, and electrical components, are an integral part of the overall sign structure, enclosed to prevent inhabitation by wildlife, and hidden from public view to the maximum extent technically feasible.

2. Materials.

a. Signs must be constructed of durable materials that are capable of withstanding weathering over the life of the sign with reasonable maintenance. Any sign, permanent or temporary, approved by sign permit shall not be constructed in part or in whole with any temporary material.

b. All glass forming any part of a sign, except exposed lamps, shall be shatter-resistant or covered by a shatter-resistant material.

c. No combustible materials, such as wood or products with a similar burn rating, shall be used in the construction of electric signs.

3. Illumination.

a. Maximum Illumination.

(1) To reduce light spillover, no sign shall exceed ambient light condition by more than the following illumination levels when measured horizontally at ground level on an abutting property line in the following locations:

(a) Residential Zoning Districts. No greater than one-half (0.5) foot candle;

(b) Non-Residential Zoning Districts And Public Right-Of-Way. No greater than one (1.0) foot candles.

(2) To reduce glare, no sign shall exceed ambient light conditions by more than three-tenths (0.3) of a foot candle when measured vertically at five (5) feet above grade (i.e., eye level) at a distance from the sign equal to the square root of [Sign area (square feet) x one hundred (100)];

(3) Illumination measurements shall be taken using a foot candle meter mounted in the horizontal position at ground level or the vertical position at eye level and compared when the light source is turned on and off or when the light source is blocked and unblocked from the meter.

b. Allowed Zoning Districts. The types of illuminated signs allowed in each zoning district are indicated by the letter "X" in the following table, with the subsequent exceptions:

	Internally Lit	Back Lit	Externally Lit	Exposed Light	Digital Sign	Limited Digital Sign
Residential Zoning Districts	X1	X1	X1
Non-Residential Zoning Districts	X2	X2	X2	X2	X2	X2

(1) Exception To Residential Zoning Districts. Illuminated signs shall be prohibited when mounted or otherwise placed within one hundred (100) feet of any abutting residentially zoned property that is not associated with the common tract or shared property on which the sign is placed (e.g., an illuminated apartment complex sign must maintain a one hundred (100) foot separation from a separate neighborhood on the same side of a street, but is not required a separation from neighborhoods located on the other side of the street). A property is associated with a common tract or shared property when it was platted as one (1) development or is a separate neighborhood as determined by the Administrator.

(2) Exceptions To Non-Residential Zoning Districts.

(a) Exposed light signs shall be prohibited when mounted or otherwise placed within two hundred (200) feet of any abutting residentially zoned property;

(b) All other illuminated signs shall be prohibited when mounted or otherwise placed within one hundred (100) feet of any abutting residentially zoned property, unless the light projected by the sign is screened from view of said residential property (e.g., a six-foot sign screened by a six-foot privacy fence).

c. Illumination Allowed By Sign Type. The types of illuminated signs allowed with each sign type are indicated by the letter "X" in the following tables. Temporary signs shall not be illuminated.

(1) Permanent Ground-Mounted Signs.

	Monument	Pylon	Pole	Vehicle	Pedestrian	Incidental
Internally Lit Sign	X	X	X	X	X	X
Back-Lit Sign	X	X	X	X	X	X
Externally Lit Sign	X			X	X	X
Exposed Light Sign						X
Digital Sign	X	X				X
Limited Digital Sign	X	X	X			X

(2) Permanent Building-Mounted Signs.

	Window/ Door	Appliqué	Wall	Skyline	Projecting	Suspend- ed	Extended	Awning	Canopy	Incidental
Internally Lit Sign			X	X	X	X	X		X	X
Back-Lit Sign			X	X	X	X	X		X	X
Externally Lit Sign	X	X	X			X	X	X	X	X
Exposed Light Sign			X		X	X	X		X	X
Digital Sign										X
Limited Digital Sign			X						X	X

(3) Other Permanent And Temporary Signs.

	Flags	Paired-Bracket Banner	3-Dimensional	Historic	Mural	Billboard	Digital Billboard	Other Perman- ent	Tempor- ary Signs
Internally Lit Sign			X*	X		X	X
Back-Lit Sign			X*	X		X	X
Externally Lit Sign	X	X	X*	X	X	X	X
Exposed Light Sign			X*	X
Digital Sign				X			X
Limited Digital Sign				X

*	The allowed type of illumination shall be further restricted in accordance with the closest applicable non-3D sign type.

d. Types Of Illuminated Signs.

(1) Internally Lit Sign. Light source shall be located within the sign structure and completely shielded from view by opaque or translucent materials.

(2) Back-Lit Sign. Light source shall be located within the sign structure and completely shielded from view by opaque or translucent materials, except the light may project back towards the wall or solid surface to which the sign is attached and refract out from behind the sign.

(3) Externally Lit Sign. Light source shall be located outside the sign structure and shielded so light is projected at the sign, but not beyond the wall or solid surface to which the sign is attached.

(4) Exposed Light Sign. Light source shall be located within the sign structure and may project light outward in any direction from the sign without shielding, except that the light source must be shielded from above (i.e., towards the sky).

(5) Digital Sign.

(a) Light Source. The light source (i.e., the display screen) shall be located within the sign structure and may project light that shall only be electronically manipulated in the following ways:

(i) Duration Of Message. The display screen shall maintain a static image that does not flash, scroll, twirl, change color, or otherwise imitate movement for a minimum of:

A) Eight (8) seconds when part of a digital billboard;

B) Six (6) seconds when part of any other digital sign.

(ii) Transition Of Message. The display screen shall only transition between static images by the instantaneous re-pixelization or the change of the entire display screen without animation or movement (e.g., fading or dissolving). This transition shall take no more than two (2) seconds.

(iii) Video Display Prohibited. No portion of any display screen shall change its message, background, or light intensity in any manner that imitates motion or movement. For example, a progression of static images that create the illusion of motion by altering the position or size of shapes in each progressive frame is prohibited. Similarly, a static image that creates the illusion of motion by fluctuating in light intensity to simulate a burst, zoom, twinkle, sparkle, or any other movement is prohibited.

(b) Device And Software Requirements.

(i) Full Color Display. Display screens may be capable of displaying any number of different colors.

(ii) Brightness. Shall not exceed five thousand (5,000) nits (candelas per square meter) during daylight hours and three hundred (300) nits in full white mode between sundown and sunrise as calculated by the United States Naval Observatory. The Administrator shall have the right to enter the property and view the programmed specifications of the sign to determine compliance with this provision.

(iii) Automatic Dimmer Control. Shall be designed and equipped with a dimmer control that automatically adjusts the light output to acceptable levels based on the ambient light conditions.

(iv) Malfunction And Non-Compliance. Shall be designed and equipped to freeze the display screen in one (1) position if a malfunction occurs and with a means to immediately discontinue its display. The responsible party shall immediately discontinue the display when notified by the Administrator that it does not comply with standards of this Sign Code.

(c) Maximum Display Screen Size.

(i) Monument And Pylon Signs. Display screens shall not cover more than one-third (1/3) of the sign area.

(ii) Incidental Ground- And Building-Mounted Signs. Display screens may cover up to one hundred percent (100%) of the sign area.

(iii) Digital Billboard Signs. Display screens may cover up to one hundred percent (100%) of the sign area.

(6) Limited Digital Sign.

(a) Light Source. The light source (i.e., the display screen) shall be located within the sign structure and may project light that shall only be electronically manipulated in the following ways:

(i) Duration Of Message. The display screen shall maintain a static image that does not flash, scroll, twirl, change color, or otherwise imitate movement for a minimum of six (6) seconds.

(ii) Transition Of Message. Shall meet the same message transition requirements as digital signs.

(iii) Video Display Prohibited. Shall meet the same video display prohibition as digital signs.

(b) Device And Software Requirements.

(i) Limited Color Display. Display screens shall not be capable of displaying more than two (2) different colors of light (i.e., a single color on a different color background).

(ii) Brightness. Shall meet the same brightness specifications as a digital sign.

(iii) Automatic Dimmer Control. Shall meet the same dimmer control requirements as digital signs.

(iv) Malfunction And Non-Compliance. Shall meet the same malfunction and non-compliance requirements as digital signs.

(c) Maximum Display Screen Size.

(i) Monument, Pylon And Pole Signs. Display screens shall not cover more than one-third (1/3) of the sign area.

(ii) Wall And Canopy Signs. Display screens shall not:

A) Constitute more than one-third (1/3) of the cumulative sign area of all permanent building-mounted signage on the property;

B) Exceed fifty (50) square feet per property; and

C) Exceed a total of two (2) limited digital wall or canopy signs per property.

(iii) Incidental Ground- And Building-Mounted Signs. Display screens may cover up to one hundred percent (100%) of the sign area.

4. Ground-Mounted Signs.

a. All permanent ground-mounted signs shall be protected from vehicle encroachment. This may be accomplished by placing said sign a minimum of three (3) feet behind a curb stop or any other method approved by the Administrator.

b. All monument, pylon, and pole signs shall be surrounded by a landscape area that extends a minimum of three (3) feet outward from the leading edges of the sign. Said area shall be landscaped with a combination of ground cover and/or low-growing plantings that are maintained so as not to obstruct visibility of the message.

c. Permanent ground-mounted signs shall be compatible (e.g., construction, design, and materials) with other ground-mounted signs located on the same property.

5. Building-Mounted Signs.

a. All permanent building-mounted signs, except incidental building-mounted signs, shall be mounted to a principal structure.

b. All permanent building-mounted signs shall not cover or be placed directly in front of any window or door of the structure on which it is attached, except for window and door signs.

c. When appropriate, such as multi-tenant buildings with a uniform sign band, the design of permanent building-mounted signs, such as sign size, placement, letter height, font, and/or color, should be consistent and cohesive.

C. Construction Standards.

1. Building Code. All signs shall comply with the Building Code adopted in Chapter 500. This may require a separate building permit approval for footings, structural supports, and/or electrical components, etc.

2. Sign Fabrication. All signs with internal lights or other electrical devices or circuits shall display a label certifying it as being approved by a Nationally Recognized Testing Laboratory (NRTL) agency.

3. Sign Installation.

a. Signs shall be installed in a manner that is easily removed without damaging the surface of the wall. Signs may be painted directly on a building when allowed by the applicable sign type, provided that said sign is removed in a way that meets the sign removal requirements.

b. Signs shall be installed and maintained so structure penetrations are watertight and do not exceed allowable stresses of supporting materials. Any structure penetrations into masonry surfaces shall be through to mortar joints only and not directly into brick or stone.

c. Signs shall be rigid or held taut by a frame, support, or structure that is sufficiently anchored to prevent any movement due to wind action that would cause wear on the sign face or sign structure, except as allowed in Section 501.060(E)(3)(a) (Flags) and Section 501.070(C)(2)(b) (Feather Flags).

4. Sign Removal. When a sign is removed:

a. The entire sign structure (including the foundation and all components) shall be removed and the structure and/or ground must be repaired and restored to its original condition prior to sign installation; and

b. The removal of said sign shall not damage the building or structure to which it is attached. For instance, a painted sign must be removed in a way that does not destroy or discolor the underlying wall, such as by low-pressure water blasting or cleaning solutions with low acidity.

Section 501.050 (Reserved)

Section 501.060 Permanent Signs.

[Ord. No. 4885, 2-3-2020]

A. Applicability. This Section applies to all permanent signs installed on private property. Signs approved as a permanent sign may be displayed indefinitely, provided they are properly maintained.

B. Encouraged Signs.

1. Ground-Mounted Signs. Monument signs constructed with preferred materials are the encouraged ground-mounted sign. When preferred materials are flush with the ground and extend upwards to clad or otherwise cover a minimum of one-third (1/3) of each facade of the sign structure, the applicant may request to increase the following items:

a. Height. Up to ten percent (10%) increase of the maximum height at a given setback (e.g., a ten (10) feet tall sign with a twelve (12) feet setback can now be eleven (11) feet tall at the same setback); and

b. Sign Area. Up to ten percent (10%) increase of the maximum sign area at a given setback (e.g., an eighty (80) square feet sign with an eleven (11) feet setback can now be eighty-eight (88) square feet at the same setback).

2. Building-Mounted Signs. Individually mounted letter wall signs are the encouraged building-mounted sign.

a. Maximum Sign Area For An Individual Wall Sign. When a sign is an individually mounted letter wall sign, the applicant may request to increase the maximum sign area for that individual sign by ten percent (10%) (e.g., two hundred (200) square feet max. + ten percent (10%) = two hundred twenty (220) square feet max. for individually mounted letter wall signs).

b. Maximum Cumulative Building-Mounted Sign Area. When a minimum of seventy-five percent (75%) of the sign area of all building-mounted signage located on a single facade is comprised of individually-mounted letter wall signs, an applicant may request to increase the maximum cumulative building-mounted sign area up to ten percent (10%) (e.g., one hundred (100) square feet max. + ten percent (10%) = one hundred ten (110) square feet max.).

C. Ground-Mounted Signs.

1. Minimum Spacing Of Ground-Mounted Signs.

a. Signs On Same Property And Frontage. Any ground-mounted sign located within thirty (30) feet of a public right-of-way frontage shall maintain a minimum spacing from any other ground-mounted sign located on the same property and within thirty (30) feet of the same frontage, according to the following:

	Monument	Pylon	Pole
Monument	250 feet	500 feet	750 feet
Pylon	500 feet	1,000 feet	1,500 feet
Pole	750 feet	1,500 feet	Not Allowed

b. Signs On Same Property. Any ground-mounted sign shall maintain a minimum spacing from any other ground-mounted sign located on the same property, according to the following:

	Monument	Pylon	Pole
Monument	125 feet	250 feet	375 feet
Pylon	250 feet	500 feet	750 feet
Pole	375 feet	750 feet	Not Allowed

2. Allowed Zoning Districts. The sign types allowed in each zoning district are indicated by the letter "X" in the following table:

	Monument	Pylon	Pole	Vehicle	Pedestrian	Incidental
Residential Zoning Districts
Common Tracts And Shared Properties in Residential Zoning Districts	Xa					Xb
Non-Residential Zoning Districts	X	X	X	X	X	X

a. Monument Sign Type requirements shall be altered as follows:

(1) The minimum spacing of ground-mounted signs (Section 501.060(C)(1) required for monument signs shall be doubled (twice) the applicable requirement;

(2) Monument sign standards (Section 501.060(C)(3)(a) shall be altered as follows:

(a) Location — Setback, Exterior And Interior. Min. of three (3) feet;

(b) Sign Area. Sixty (60) square feet max.; and

(c) Height. Eight (8) feet max., except six (6) feet max., when located in a median (e.g., a common tract in the middle of the public street).

b. Incidental sign type requirements shall be altered as follows:

(1) Sign Area. Thirty (30) square feet max.

(2) Height. Six (6) feet max.

3. Sign Types. All ground-mounted signs shall meet the criteria of the applicable sign type:

a. Monument Sign. A sign mounted to the ground, no taller than twelve (12) feet, contains one (1) base that is at least twelve (12) inches tall and equal in width and length to the widest and longest portion of the sign structure above said base, and at least seventy-five percent (75%) of the space between the ground and the widest part of the sign area is filled in or otherwise enclosed.

(1) Location. Monument signs shall only be allowed when:

(a) Located outside of any easement restricting the placement of such sign structure; and

(b) Setback from the following property lines:

(i) Exterior. Min. of ten (10) feet or the sign height plus two (2) feet (e.g., fourteen (14) feet setback allows a twelve (12) feet sign), whichever is greater.

(ii) Interior. Min. of eight (8) feet or the sign height, whichever is greater.

(2) Number Of Signs. Up to one (1) sign per frontage (e.g., corner lots are allowed two (2) signs) or one (1) sign per five hundred (500) linear feet of cumulative frontage (e.g., lots with one thousand (1,000) linear feet of cumulative frontage are allowed two (2) signs), whichever is greater.

(3) Sign Area. Max. of ninety-five (95) square feet or seventy-five (75) square feet plus five (5) square feet for every foot of exterior setback over ten (10) feet (e.g., fourteen (14) feet setback allows a ninety-five (95) square feet sign), whichever is less.

(4) Thickness. N/A.

(5) Width. N/A.

(6) Height. Twelve (12) feet max.

(7) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

(c) Shall contain no more than one (1) base that is a minimum of twelve (12) inches tall and as wide and long as the widest and longest portion of the sign structure above the base. Said base shall be free of any sign area.

(d) Shall fill in or otherwise enclose a minimum of seventy-five percent (75%) of the space between the ground and the widest part of the sign area.

b. Pylon Sign. A sign mounted to the ground, over twelve (12) feet in height, but no taller than twenty-four (24) feet, contains one (1) base that is at least twenty-four (24) inches tall and equal in width and length to the widest and longest portion of the sign structure above said base, and at least fifty percent (50%) of the space between the ground and the widest part of the sign area is filled in or otherwise enclosed.

(1) Location. Pylon signs are only allowed when:

(a) Located on a property that is a minimum of four (4) acres in size;

(b) Located within fifty (50) feet of:

(i) Interstate Highway 70 or its frontage roads;

(ii) 7 Highway; or

(iii) 40 Highway;

(c) Located outside of any easement restricting the placement of such sign structure; and

(d) A minimum spacing equal to one-half (1/2) the sign height is maintained from the nearest structure; and

(e) Setback from the following property lines:

(i) Exterior. Min. of fourteen (14) feet or the sign height plus two (2) feet (e.g., twenty-six (26) feet setback allows a twenty-four (24) feet sign), whichever is greater.

(ii) Interior. Min. of twelve (12) feet or the sign height, whichever is greater.

(2) Number Of Signs. Up to one (1) sign per property (e.g., corner lots are allowed one (1) sign) or one (1) sign per one thousand (1,000) linear feet of cumulative frontage (e.g., lots with two thousand (2,000) linear feet of cumulative frontage are allowed two (2) signs), whichever is greater.

(3) Sign Area. Max. of one hundred fifty-five (155) square feet or ninety-five (95) square feet plus ten (10) square feet for every acre of lot area over four (4) acres (e.g., ten-acre property is allowed a one hundred fifty-five (155) square feet sign), whichever is less.

(4) Thickness. N/A.

(5) Width. N/A.

(6) Height. Twenty-four (24) feet max., or twelve (12) feet plus one (1) foot for every one-half (1/2) acre of lot area over four (4) acres (e.g., ten-acre property is allowed a twenty-four (24) feet sign), whichever is less.

(7) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

(c) Preferred materials shall be installed flush with the ground and extend upwards to clad or otherwise cover a minimum of one-third (1/3) of each facade of the sign structure.

(d) Shall contain no more than one (1) base that is a minimum of twenty-four (24) inches tall and as wide and long as the widest and longest portion of the sign structure above the base. Said base shall be free of any sign area.

(e) Shall fill in or otherwise enclose a minimum of fifty percent (50%) of the space between the ground and the widest part of the sign area.

c. Pole Sign. A sign mounted to the ground, over twenty-four (24) feet in height, but no taller than thirty-five (35) feet, and at least twenty-five percent (25%) of the space between the ground and the widest part of the sign area is filled in or otherwise enclosed.

(1) Approval. Shall only be permitted in conformance with an approved master sign plan.

(2) Location. Pole signs are only allowed when:

(a) Located on one (1) of the following properties:

(i) A property between the Interstate Highway 70 (I-70) frontage roads; or

(ii) A property not between the I-70 frontage roads but within four hundred (400) feet of the edge of the pavement of I-70 not including any on/off-ramp, except said sign shall be located as close to I-70 as possible, while still adhering to all location restrictions.

(b) Located outside of any easement restricting the placement of such sign structure;

(c) A minimum spacing equal to one-half (1/2) the sign height is maintained from the nearest structure; and

(d) Setback from the following property lines:

(i) Exterior Along I-70 Right-Of-Way. Min. of one-third (1/3) of the sign height;

(ii) Exterior Along All Other Rights-Of-Way. Min. of the sign height plus two (2) feet (e.g., thirty-five (35) foot sign + two (2) feet = thirty-seven (37) foot setback);

(iii) Interior. Min. of the sign height.

(3) Number Of Signs. Max. of one (1) sign per property.

(4) Sign Area. Sign area shall be restricted as follows:

(a) When Contiguous With I-70. three hundred fifty (350) square feet max. or one hundred (100) square feet plus one (1) square feet for every five (5) linear feet of frontage abutting the I-70 right-of-way (e.g., a property with one thousand two hundred fifty (1,250) feet of frontage along I-70 is allowed a three hundred fifty (350) square feet sign), whichever is less.

(b) When Not Contiguous With I-70. Two hundred (200) square feet max. or one hundred (100) square feet plus ten (10) square feet for every acre of lot area (e.g., a ten-acre property is allowed a two hundred (200) square feet sign), whichever is less.

(5) Thickness. N/A.

(6) Width. N/A.

(7) Height. Thirty-five (35) feet max.

(8) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

(c) May contain up to three (3) bases, provided the bases are similar in size to each other and have a consistent massing between the ground and the bottom of the sign area. For example, a pole must maintain a consistent diameter between the ground and sign. Said bases shall be free of any sign area.

(d) Shall fill in or otherwise enclose twenty-five percent (25%) of the space between the ground and the bottom of the sign area.

d. Vehicle Entrance Sign. A sign mounted to the ground, located within twenty-five (25) feet of a public right-of-way, setback no more than five (5) feet from the edge of a vehicle driveway entering the property, no greater than six (6) square feet in sign area, and no greater than three (3) feet in height.

(1) Location.

(a) Shall be located within twenty-five (25) feet of a public right-of-way;

(b) Shall be located within five (5) feet of the edge of a vehicle driveway entering the property; and

(c) Setback from the following property lines:

(i) Exterior. Zero (0) feet min.

(ii) Interior. Min. setback shall be equal to the sign height.

(2) Number Of Signs. Up to one (1) sign per vehicle driveway entering the property.

(3) Sign Area. Six (6) square feet max.

(4) Thickness. Twelve (12) inches max.

(5) Width. N/A.

(6) Height. Three (3) feet max.

(7) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

e. Pedestrian Entrance Sign. A sign mounted to the ground, located within twenty-five (25) feet of a public right-of-way, setback no more than five (5) feet from the edge of a pedestrian sidewalk entering the property, no greater than six (6) square feet in sign area, and no greater than three (3) feet in height.

(1) Location.

(a) Shall be located within twenty-five (25) feet of a public right-of-way;

(b) Shall be located within five (5) feet of the edge of a pedestrian sidewalk entering the property; and

(c) Setback from the following property lines:

(i) Exterior. Zero (0) feet min.

(ii) Interior. Min. setback shall be equal to the sign height.

(2) Number Of Signs. Up to one (1) sign per pedestrian sidewalk entering the property.

(3) Sign Area. Six (6) square feet max.

(4) Thickness. Twelve (12) inches max.

(5) Width. N/A.

(6) Height. Three (3) feet max.

(7) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

f. Incidental Ground-Mounted Signs. A sign whose sign structure is mounted to the ground and is visible from the public right-of-way or any abutting property, but the message of the sign is not legible from said right-of-way or abutting property.

(1) Location. Setback from the following property lines:

(a) Exterior. Twenty-five (25) feet min.

(b) Interior. Ten (10) feet min.

(2) Sign Area. Forty (40) square feet max., except the cumulative sign area of incidental ground-mounted signs shall not exceed one hundred sixty (160) square feet.

(3) Thickness. N/A.

(4) Width. N/A.

(5) Height. Eight (8) feet max.

(6) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) The message of the sign may be altered from time to time but shall remain illegible from any public right-of-way or abutting property in perpetuity.

(c) A sign structure constructed of permanent materials shall be utilized as part of the sign to define the boundaries of the approved sign area in perpetuity.

(d) The sign area may be constructed with semi-permanent materials but shall not be constructed of temporary materials unless the temporary materials are placed behind a permanent material (e.g., flyers posted behind glass on a community bulletin board).

D. Building-Mounted Signs.

1. Maximum Cumulative Building-Mounted Sign Area.

a. Residential Zoning Districts. The maximum cumulative sign area of all building-mounted signs per facade shall not exceed:

(1) Sixteen (16) square feet or five percent (5%) of the facade area, whichever is greater, of any facade:

(a) Facing the public right-of-way;

(b) With the primary building entrance; or

(c) Visible from a public right-of-way, except facades within one hundred (100) feet and facing an abutting residentially zoned property; or

(2) Eight (8) square feet or two and one-half percent (2.5%) of the facade area of any other facade, whichever is greater.

b. Non-Residential Zoning Districts. The maximum cumulative sign area of all building-mounted signs per facade shall not exceed:

(1) Thirty-two (32) square feet or ten percent (10%) of the facade area, whichever is greater, of any facade:

(a) Facing the public right-of-way;

(b) With the primary building entrance; or

(c) Visible from a public right-of-way, except facades within one hundred (100) feet and facing an abutting residentially zoned property; or

(2) Sixteen (16) square feet or five percent (5%) of the facade area of any other facade, whichever is greater.

2. Allowed Zoning Districts. The sign types allowed in each Zoning District are indicated by the letter "X" in the following table:

	Window/ Door	Applique	Wall	Skyline	Projecting	Suspend- ed	Extended	Awning	Canopy	Incidental
Residential Zoning Districts
Common Tracts and Shared Properties in Residential Zoning Districts	X*	X*	X*	X*	X*	X*	X*	X*	X*	X*
Non-Residential Zoning Districts	X	X	X	X	X	X	X	X	X	X

*	The maximum sign area shall be reduced by fifty percent (50%) for each sign type.

3. Sign Types. All building-mounted signs shall meet the criteria of the applicable sign type:

a. Window/Door Sign. A sign that does not project beyond any part of the window or door to which the sign is attached and is applied directly onto the exterior surface of a window or door, such as decals, stickers, or similar signs.

(1) Location. Limited to windows and doors located on the first and second stories of a building.

(2) Sign Area.

(a) One (1) sign may cover up to one hundred percent (100%) of the window or door to which the sign is attached;

(b) Two (2) signs may cover up to seventy-five percent (75%) of the window or door to which the signs are attached; or

(c) Three (3) or more signs may cover up to fifty percent (50%) of the window or door to which the signs are attached.

(3) Thickness, Width, And Height. Not to project beyond any part of the window or door.

(4) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only apply semi-permanent materials directly onto the exterior surface of a window or door, such as decals, stickers, or similar signs.

b. Applique Sign. A sign located on the first or second story of a building and does not project beyond any part of the facade to which the sign is attached and is applied directly onto a wall surface that can be easily removed without damaging the wall surface, such as signs applied by heat.

(1) Location. Limited to the first and second stories of a building.

(2) Sign Area. Two hundred (200) square feet max.

(3) Thickness, Width, And Height. Not to project beyond any part of the facade.

(4) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only apply semi-permanent materials, excluding paint, directly onto a wall surface in a manner that can be easily removed without damaging the wall surface, such as signs applied by heat.

c. Wall Sign. A sign located on the first or second story of a building and does not project beyond the facade to which the sign is attached, except a maximum of twelve (12) inches outward from or perpendicular to a vertical facade.

(1) Location. Limited to the first and second stories of a building.

(2) Sign Area. Two hundred (200) square feet max.

(3) Thickness. Twelve (12) inches max.

(4) Width And Height. Not to project beyond the edges of the vertical plane to which the sign is attached.

(5) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only be constructed of permanent materials, except a sign painted on a permanent material and subsequently attached to a building may be approved as a wall sign if no larger than thirty-two (32) square feet in sign area.

(c) Cabinet signs larger than one hundred (100) square feet are prohibited.

d. Skyline Sign. A sign located above the second story of a building and does not project beyond the facade to which the sign is attached, except a maximum of eighteen (18) inches outward from or perpendicular to a vertical facade.

(1) Number Of Signs. Up to one (1) sign above the second story of a building per facade.

(2) Sign Area. Three hundred (300) square feet max.

(3) Thickness. Eighteen (18) inches max.

(4) Width And Height. Not to project beyond the edges of the vertical plane to which the sign is attached.

(5) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only be constructed of permanent materials.

(c) Shall only be an individually mounted letter sign.

e. Projecting Sign. A sign that does not project beyond the facade to which the sign is attached, except a maximum of six (6) feet outward from or perpendicular to a vertical facade.

(1) Number Of Signs. Up to one (1) sign per building entrance.

(2) Sign Area. Thirty-two (32) square feet max.

(3) Thickness. Twelve (12) inches max.

(4) Width. Not to project more than six (6) feet from the facade to which the sign is attached.

(5) Height. Not to project beyond the edges of the vertical plane to which the sign is attached.

(6) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

f. Suspended Sign. A sign that does not project beyond the ceiling to which the sign is attached, except downward from or perpendicular to a horizontal ceiling.

(1) Number Of Signs. Up to one (1) sign per building entrance.

(2) Sign Area. Thirty-two (32) square feet max.

(3) Thickness. Twelve (12) inches max.

(4) Width. Not to project beyond the edges of the horizontal plane to which the sign is attached.

(5) Height. N/A.

(6) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall only be constructed of permanent materials.

g. Extended Roof/Canopy Sign. A sign that does not project beyond the roof or canopy to which the sign is attached, except a maximum of three (3) feet upward from or perpendicular to a horizontal or pitched roof or canopy to which the sign is attached.

(1) Number Of Signs. Up to one (1) sign per building entrance.

(2) Sign Area. Thirty-two (32) square feet max.

(3) Thickness. Twelve (12) inches max.

(4) Width. Not to project beyond the edges of the horizontal plane of the roof or canopy to which the sign is attached.

(5) Height. Not to project more than three (3) feet above the exact point on the roof or canopy to which the sign is attached, provided that no portion of the sign shall extend above the highest visible point of the facade to which the sign is attached.

(6) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only be constructed of permanent materials.

(c) Shall only be an individually mounted letter sign.

(d) Shall not be attached to a pitched roof or canopy when located on a residentially zoned property.

h. Awning Sign. A sign that does not project beyond any part of the awning to which the sign is attached, due to being manufactured as an integral part of the awning.

(1) Location. Limited to awnings located on the first and second stories of a building.

(2) Sign Area. Up to fifty percent (50%) coverage of the awning face area.

(3) Thickness, Width, And Height. Not to project beyond any part of the awning.

(4) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall be manufactured as an integral part of the awning.

i. Canopy Sign. A sign that does not project beyond the canopy to which the sign is attached, except a maximum of twelve (12) inches outward from or perpendicular to a vertical facade.

(1) Location. Limited to canopies located on the first and second stories of a building.

(2) Sign Area. Up to fifty percent (50%) coverage of the canopy face area.

(3) Thickness. Twelve (12) inches max.

(4) Width And Height. Not to project beyond the edges of the vertical plane to which the sign is attached.

(5) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only be constructed of permanent materials.

j. Incidental Building-Mounted Sign. A sign whose sign structure is mounted in any fashion to a building and is visible from the public right-of-way or any abutting property, but the message of the sign is not legible from said right-of-way or abutting property.

(1) Location. Shall not be mounted to a pitched roof.

(2) Sign Area. Sixteen (16) square feet max.

(3) Thickness. Twelve (12) inches max.

(4) Width And Height. Not to project in any direction from the horizontal or vertical plane to which the sign is attached, except outward from or perpendicular to said plane a maximum of three (3) feet in a single direction, provided that no portion of the sign shall extend above the highest visible point of the facade to which the sign is attached;

(5) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) The message of the sign may be altered from time to time but shall remain illegible from any public right-of-way or abutting property in perpetuity.

(c) A sign structure constructed of permanent materials shall be utilized as part of the sign to define the boundaries of the approved sign area in perpetuity.

(d) The sign area may be constructed with semi-permanent materials but shall not be constructed of temporary materials unless the temporary materials are placed behind a permanent material (e.g., flyers posted behind glass on a community bulletin board).

E. Other Signs.

1. Maximum Sign Area Allowance. The maximum sign area allowance of all other sign types shall be only governed by the criteria of each applicable sign type.

2. Allowed Zoning Districts. The sign types allowed in each Zoning District are indicated by the letter "X" in the following table:

	Flags	Paired-Bracket Banners	3-Dimension- al	Historic	Murals	Billboard	Digital Billboard	Other Permanent
Residential Zoning Districts	X			X
Common Tracts and Shared Properties in Residential Zoning Districts	X	X		X
Non-Residential Zoning Districts	X	X	X	X	X	X	X

3. Sign Types. All other signs shall meet the criteria of the applicable sign type:

a. Flags. A sign constructed with fabric, or similar material, that is attached to a pole, bracket, or similar structure, solely intended for the display of said sign. The sign must be securely attached to said pole on one (1) side so that all other sides may move freely, but only when moved by natural wind action. This Section shall not infringe on Section 71.286, RSMo.

(1) Location. The flag structure, which includes both flag and pole or bracket, shall:

(a) Be located within thirty (30) feet of the primary building entrance;

(b) Maintain a minimum spacing of ten (10) feet from any other sign; and

(c) Maintain a minimum setback from any property line of:

(i) Fifteen (15) feet in residential zoning districts; or

(ii) Twenty-five (25) feet in non-residential zoning districts.

(2) Number Of Flag Structures. One (1) flag structure per property or one (1) flag structure per twenty thousand (20,000) square feet of lot area but not to exceed three (3) flag structures per property, whichever is greater.

(3) Flag Structure Height. Thirty-five (35) feet or ten (10) feet above the roof line (e.g., the peak of a pitched roof), whichever is less.

(4) Number Of Signs.

(a) Two (2) flags per property or two (2) flags per twenty thousand (20,000) square feet of lot area but not to exceed six (6) flags per property, whichever is greater.

(b) Up to two (2) flags per pole.

(5) Sign Area. Forty (40) square feet max. per flag.

(6) Thickness, Width, And Height. N/A.

(7) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Only one (1) flag per property may display a commercial message.

(c) Flag shall be constructed of fabric or similar material.

(d) Flagpole or bracket shall be constructed of permanent materials.

(e) Shall meet Section 501.040, except flags are not required to be taut or rigid, provided a minimum of one (1) side is held taut, with the remaining sides left slack to flutter in the wind.

b. Paired-Bracket Banner. A sign constructed with fabric, or similar material, that is attached to a pole, building, or similar structure, not solely intended for the display of said sign. The sign must be held taut by paired brackets, or similar support, that is sufficiently anchored to prevent any movement.

(1) Maximum Sign Allowance.

(a) When attached to a pole or similar structure, the sign shall not count against any maximum sign allowance.

(b) When attached to a building or similar structure, the sign shall count as a building-mounted sign and included in the maximum cumulative building-mounted sign area calculation (Section 501.060(D)(1).

(2) Location. Shall be located on a pole, building, or similar structure, subject to the following restrictions:

(a) When attached to a pole:

(i) The pole shall have a primary purpose other than to display a sign (e.g., a light-pole); and

(ii) The sign shall only be mounted to a pole that meets current setback requirements in Chapter 400 (Unified Development Code) applicable to said pole.

(b) When attached to a building, the sign shall:

(i) Be located within fifty (50) feet of a building entrance; and

(ii) Maintain a minimum spacing of ten (10) feet from any other sign.

(3) Number Of Signs. Up to two (2) signs per pole or building entrance.

(4) Sign Area. Thirty-two (32) square feet max. per sign.

(5) Thickness. N/A.

(6) Width. Not to project more than four (4) feet from the structure to which the sign is attached.

(7) Height. N/A.

(8) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Banner shall be constructed of fabric or similar material.

(c) Paired-brackets shall be constructed of permanent materials.

(d) Sign shall be held taut by paired brackets, or similar support, that are sufficiently anchored to prevent any movement, as required by Section 501.040.

c. Three-Dimensional (3D) Signs. A multi-faced sign.

(1) Approval. 3D Signs shall only be permitted in conformance with an approved master sign plan.

(2) Maximum Sign Allowance.

(a) Ground-mounted 3D signs shall count against the minimum spacing of ground-mounted signs (Section 501.060(C)(1), as the closest applicable non-3D sign type.

(b) Building-mounted 3D signs shall count against the maximum cumulative building-mounted sign area (Section 501.060(D)(1).

(3) Location. Shall meet the location requirements of the closest applicable non-3D sign type.

(4) Number Of Signs. Up to one (1) sign per property, subject to the following restrictions:

(a) Ground-mounted 3D signs shall count against the number of signs restriction of the closest applicable non-3D sign type.

(b) Building-mounted 3D signs shall count against the number of signs restriction of a projecting sign.

(5) Sign Area. Shall meet the sign area requirements of the closest applicable non-3D sign type. Sign area shall be calculated as a multi-faced sign.

(6) Thickness, Width, And Height. Shall meet the dimensional requirements of the closest applicable non-3D sign type, except the max. thickness shall be increased to be synonymous with the max. width of the closest applicable non-3D sign type.

(7) Design Standards.

(a) Shall be a multi-faced sign.

(b) Shall only be constructed of permanent materials.

d. Historic Signs. A sign that is a minimum of thirty (30) years of old and is either a unique or rare sign or is otherwise significant to the history of Blue Springs.

(1) Approval. Historic signs shall only be permitted in conformance with an approved master sign plan.

e. Mural. A sign that does not project beyond the facade to which the sign is attached, except a maximum of six (6) inches outward from or perpendicular to a vertical facade. The sign shall be attached or applied to a wall surface. To differentiate from door/window, applique, wall, and skyline signs, murals are generally larger than allowed for each sign type and shall not convey an overtly commercial message.

(1) Approval. Murals shall only be permitted in conformance with an approved master sign plan.

(2) Location. Shall not be located on:

(a) Any facade that faces a residentially zoned property; and

(b) The one (1) primary facade, as determined by the Administrator utilizing the following general rules. The primary facade generally:

(i) Faces a public right-of-way; and/or

(ii) Includes the primary building entrance.

(3) Number Of Signs. Max. of one (1) sign per building.

(4) Sign Area. Up to one hundred percent (100%) coverage of a facade.

(5) Thickness. Six (6) inches max.

(6) Width And Height. Not to project beyond the vertical plane to which the sign is attached.

(7) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall only apply or attach permanent or semi-permanent materials, which may include paint, to a wall in a manner that is easily removed without damaging the surface of the wall.

f. Billboards. A permanent off-premise non-digital sign.

(1) Shall meet Section 501.090 (Off-Premise Signs).

g. Digital Billboards. A permanent off-premise digital sign.

(1) Shall meet Section 501.090 (Off-Premise Signs).

h. Other Permanent Signs.

(1) Approval. Any other type of permanent sign not described by this Sign Code shall only be permitted in conformance with an approved master sign plan.

Section 501.070 Temporary Signs.

[Ord. No. 4885, 2-3-2020]

A. Applicability. This Section applies to all temporary signs installed on private property. Signs approved as a temporary sign may be displayed only during the period of time specified by an approved sign permit, provided they are properly maintained.

B. Allowed Zoning Districts. Other than exempt signs, the sign types allowed in each zoning district are indicated by the letter "X" in the following table:

	Ground-Mounted Temporary Banner	Feather Flags	Semi-Permanent Signs	Building-Mounted Temporary Banner	Other Temporary Signs
Residential Zoning Districts
Common Tracts and Shared Properties in Residential Zoning Districts	X	X	X	X
Non-Residential Zoning Districts	X	X	X	X

C. Ground-Mounted Temporary Signs.

1. Maximum Number Of Ground-Mounted Temporary Signs Permits Per Property.

a. No more than two (2) ground-mounted temporary sign permits may be approved per property during the same or overlapping period of time.

b. No more than four (4) ground-mounted temporary sign permits may be approved per property per calendar year.

c. A singular sign permit as allowed above may be approved for up to one hundred twenty (120) days per calendar year, if at the time of application, the specified dates are identified and approved at the time of sign permit approval.

[Ord. No. 5283, 12-4-2023]

2. Sign Types. All ground-mounted temporary signs shall meet the criteria of the applicable sign type:

a. Ground-Mounted Temporary Banners. A sign, typically constructed with fabric or similar material, mounted to the ground or attached to any structure other than a building in a temporary manner and for a period of time not to exceed thirty (30) days.

(1) Number Of Signs. Up to one (1) per temporary sign permit.

(2) Length of Display. Up to thirty (30) consecutive days for a singular permit; no more than one hundred twenty (120) days cumulative in a calendar year.

[Ord. No. 5283, 12-4-2023]

(3) Location. May be located anywhere, except on a building.

(4) Sign Area. Forty-eight (48) square feet max.

(5) Thickness. N/A.

(6) Width. Limited by max. sign area.

(7) Height. Eight (8) feet max.

(8) Mounting Methods.

(a) Shall be mounted in a manner that can withstand the elements for the entire length of display without blowing over, losing tautness, or otherwise being in a state of disrepair. The required mounting shall be determined by the Administrator;

(b) Shall not be mounted to any tree, planting, or utility infrastructure; and

(c) Shall be mounted to:

(i) A self-supporting frame that is placed on the ground;

(ii) The ground with no more than one (1) type of mounting mechanism (e.g., shall not be strung between a metal and wooden stake); or

(iii) No more than one (1) type of permanent structure (e.g., shall not be strung between a light pole and a fence).

(9) Design Standards. Shall only be a single- or double-faced sign.

b. Feather Flags. A sign, typically constructed with fabric or similar material, attached to a pole, bracket, or similar structure, for a period of time not to exceed thirty (30) days. Said pole must be mounted to the ground in a temporary manner and shall be solely intended for the display of said sign. The sign must be securely attached to said pole on two (2) sides so that all other sides may move freely, but only when moved by natural wind action.

(1) Number Of Signs. Up to ten (10) feather flags or sixty-five (65) feet of cumulative feather flag height per temporary sign permit, whichever is less.

(2) Length Of Display. Up to thirty (30) consecutive days for a singular permit; no more than one hundred twenty (120) days cumulative in a calendar year.

[Ord. No. 5283, 12-4-2023]

(3) Location.

(a) May be located anywhere, except on a building; and

(b) Shall maintain a minimum spacing between feather flags equal to twice the height of the feather flag (e.g., ten-foot flag requires twenty (20) foot spacing).

(4) Sign Area. Thirty-six (36) square feet max. per feather flag.

(5) Thickness. N/A.

(6) Width. Three (3) feet max.

(7) Height. Twelve (12) feet max.

(8) Mounting Methods. Shall be mounted on or in the ground in any manner that can withstand the elements for the entire length of display without blowing over, losing tautness, or otherwise appearing to be in a state of disrepair. The required mounting shall be determined by the Administrator.

(9) Design Standards.

(a) Shall only be a single- or double-faced sign.

(b) Shall meet Section 501.040, except feather flags are not required to be taut or rigid, provided a minimum of two (2) sides are held taut (typically top and one (1) side), with the remaining side(s) left slack to flutter in the wind.

D. Building-Mounted Temporary Signs.

1. Maximum Number Of Building-Mounted Temporary Signs Permits Per Premise.

a. No more than two (2) building-mounted temporary sign permits may be approved per premise during the same or overlapping period of time.

b. No more than four (4) building-mounted temporary sign permits may be approved per premise per calendar year.

2. Sign Types. All building-mounted temporary signs shall meet the criteria of the applicable sign type:

a. Semi-Permanent Sign. A sign, typically constructed with fabric or similar material, attached to a building in a temporary manner and for a period of time not to exceed one (1) year after a business or entity first opens to the public or obtains a certificate of occupancy or completion of a building permit.

(1) Number Of Signs. Up to one (1) per temporary sign permit.

(2) Length Of Display. Up to one (1) year after the following dates:

(a) When a business or entity first opens to the public, as provided on their business license application or determined by the Administrator; or

(b) The date the premise obtains a certificate of occupancy or completion of a building permit;

(3) Location. Shall be located on the principal structure.

(4) Sign Area. Ten percent (10%) of the area of the facade to which the sign is attached or one hundred (100) square feet, whichever is less.

(5) Thickness, Width, And Height. N/A.

(6) Mounting Methods. Shall be mounted flush to the principal structure in any manner that can withstand the elements for the entire length of display without blowing over, losing tautness, or otherwise being in a state of disrepair. The required mounting shall be determined by the Administrator.

(7) Design Standards.

(a) Shall only be a single-faced sign.

(b) Shall be prohibited and removed once any permanent sign, other than incidental ground- and building-mounted signs, is permitted on the same premise.

b. Building-Mounted Temporary Banners. A sign, typically constructed with fabric or similar material, attached to a building in a temporary manner and for a period of time not to exceed thirty (30) days.

(1) Number Of Signs. Up to one (1) per temporary sign permit.

(2) Length Of Display. Up to thirty (30) days.

(3) Location. Shall be located on a building.

(4) Sign Area. Forty-eight (48) square feet max.

(5) Thickness. N/A.

(6) Width. Limited by max. sign area.

(7) Height. Shall not exceed the height of the building on which it is mounted.

(8) Mounting Methods.

(a) Shall be mounted in a manner that can withstand the elements for the entire length of display without blowing over, losing tautness, or otherwise being in a state of disrepair. The required mounting shall be determined by the Administrator; and

(b) Shall only be mounted to one (1) building (e.g., flush to a building or between two (2) columns on the same building).

(9) Design Standards. Shall only be a single- or double-faced sign.

E. Other Temporary Signs. All other types of temporary signage shall be prohibited.

Section 501.080 (Reserved)

Section 501.090 Off-Premise Signs.

[Ord. No. 4885, 2-3-2020]

A. Applicability. This Section regulates the principal and supplemental use of off-premise signs on private property (e.g., signs as the sole use on a property and signs not accessory to the principal use of a property). Signs approved as an off-premise sign may display any message, provided they are properly maintained.

B. Billboards.

1. Approval. Shall only be permitted after:

a. The use is approved as required by Chapter 400 (Unified Development Code); and

b. A permit is issued by the State Highways and Transportation Commission, if required.

2. Length Of Display. May be permitted as a permanent sign.

3. Location. Shall only be permitted when:

a. Mounted Or Otherwise Placed.

(1) On private property contiguous to the right-of-way of Interstate Highway 70 (I-70);

(2) Within six hundred sixty (660) feet of the edge of the pavement of I-70 not including any on/off-ramps; and

(3) At least three hundred (300) feet away or setback from any residential use or zoning district;

b. A minimum spacing of two thousand (2,000) feet is maintained between billboards or digital billboards on the same side of I-70, when measured along the centerline of I-70 between the two (2) points that are created when a line perpendicular to said centerline intersects the leading edge of said billboards;

c. Not located on or attached to the roof or wall of any building;

d. Located outside of any easement restricting the placement of such sign structure;

e. A minimum spacing equal to one-half (1/2) the sign height is maintained from the nearest structure; and

f. Setback from the following property lines:

(1) Exterior Along I-70 Right-Of-Way. Min. of one-third (1/3) of the sign height;

(2) Exterior Along All Other Rights-Of-Way. Min. of the sign height plus two (2) feet (e.g., thirty-five (35) foot sign + two (2) feet = thirty-seven (37) foot setback);

(3) Interior. Min. of the sign height.

4. Dimensions.

a. Sign Area. Eight hundred (800) square feet max.

b. Sign Area Width And Height. Thirty (30) feet max. height and seventy-two (72) feet max. width of sign area, including any border and trim but excluding the base or apron, supports, and other structural members.

c. Support Height. Thirty-five (35) maximum height between the bottom of the sign area and grade, which may be calculated using the natural grade where the sign is installed or the grade level of the centerline of the highway to which the sign is oriented.

5. Design Standards.

a. Sign Structure. Billboards shall be subject to all applicable standards of a structure for the purposes and intents of Chapter 400 (Unified Development Code).

b. Illumination. Exposed light, digital, and limited digital signs shall be prohibited.

c. Sign Face. Shall only be a single- or double-faced sign. However, double-faced signs may utilize an angle between touching sign planes up to ninety degrees (90°), provided that no sign shall have more than one (1) sign face viewable from the same lane of traffic.

d. Audio. Audio speakers are prohibited.

C. Digital Billboards.

1. Approval. Shall meet all the same approval requirements as a billboard.

2. Length Of Display. May be permitted as a permanent sign.

3. Location. Shall only be permitted when:

a. The following requirements are met:

(1) All location requirements for a billboard are met;

(2) A minimum spacing of two thousand six hundred forty (2,640) feet is maintained between digital billboards on the either side of I-70, when measured along the nearest edge of the pavement of I-70 between the two (2) points that are created when a line perpendicular to said pavement edge intersects the leading edge of said digital billboards; and

(3) A minimum spacing of two hundred fifty (250) feet shall be maintained between a digital billboard and any other type of digital sign when both signs are visible from the same location on I-70; or

b. One (1) proposed digital billboard replaces an existing billboard in the exact same location, provided that:

(1) Two (2) other billboards not located along I-70 are removed (i.e., three (3) billboards replaced by one (1) digital billboard);

(2) The sign area of the digital billboard is no larger than the cumulative sign area of the two (2) other billboards being removed; and

(3) The digital billboard is no larger in any dimension than the billboard it replaces.

4. Dimensions. Shall meet all the same dimension requirements as a billboard.

5. Design Standards. Shall meet all the same design standards as a billboard, except digital billboards:

a. Shall utilize no more than one (1) digital sign per sign face;

b. Shall require every line of lettering and graphics displayed on the sign to be at minimum:

(1) Twelve (12) inches in height when oriented towards a road with a speed limit between forty-five (45) and fifty-four (54) miles per hour (MPH); and

(2) Fifteen (15) inches in height when oriented towards a road with a speed limit fifty-five (55) MPH or greater.

D. Temporary Signs. Off-premise temporary signage is prohibited.

Section 501.100 Signs On Public Property.

[Ord. No. 4885, 2-3-2020]

A. Applicability. This Section applies to all signs erected, constructed, placed, or otherwise displayed on, in, over, or under any public property or public right-of-way, except signs specifically exempted by Section 501.020(B). Signs on, in, over, or under public property or public right-of-way shall be allowed subject to the restrictions of this Section and the applicable sign type, provided they are properly maintained.

B. Signs In The Public Right-Of-Way. Unless exempted by this Sign Code, all permanent and temporary signs are strictly prohibited from being displayed on, in, over, or under any public right-of-way, except permanent building-mounted signs may encroach over a public right-of-way owned and controlled by the City of Blue Springs, provided they:

1. Meet the applicable sign type standards;

2. Meet all placement standards in Section 501.040(A), except Section 501.040(A)(2) (Signs on Public Property or Right-of-Way);

3. Are setback a minimum of three (3) feet from the public curb or any other vehicular area; and

4. Obtain a building permit, except a building permit is not required for the following signs:

a. Signs two and one-half (2.5) square feet and smaller; or

b. Door and window, applique, and awning signs when applied to a building or awning approved by building permit.

C. Signs On Public Property. All permanent and temporary signs are strictly prohibited from being displayed on, in, over, or under any public property, except as exempted by this Code.

Section 501.110 Prohibited Signs.

[Ord. No. 4885, 2-3-2020]

A. It shall be unlawful to erect, construct, enlarge, alter, repair, maintain, place, move, improve, use, or display any sign, or cause or permit the same to be done in violation of this Sign Code or in violation of other applicable laws, rules, regulations, or policies regarding signs.

B. The following signs are strictly prohibited:

1. Off-Premise Signs. Signs with off-premise messages, except as allowed by Section 501.090;

2. Signs On Public Property Or Right-of-Way. Signs displayed on, in, over, or under public property or public right-of-way, except as allowed by Section 501.100 or exempted by Section 501.020(B);

3. Snipe Signs. Signs attached to any public utility pole or structure, street tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other public appurtenances;

4. Signs Displaying Unprotected Speech. Any sign that contains a message or material not protected by the United States and Missouri Constitutions and all applicable laws, such as incitement to imminent lawless action, true threats, fighting words, and obscenity.

5. Signs Posing Traffic Or Pedestrian Hazards.

a. Signs that obstruct free use of any means of egress, including but not limited to fire escapes, any window or doorway or opening, and any utility access or Fire Department connection;

b. Signs that obstruct free use of any area intended for vehicular or pedestrian use as regulated by Section 501.040(A);

c. Signs located within the public right-of-way sight triangle or the private drive sight triangle;

d. Signs that obstruct, block, or otherwise reduce the effectiveness of any traffic control signal, sign, or device;

e. Signs with words (e.g., "stop," "caution," "slow," "look"), shapes, colors (e.g., a red octagon), or lights (e.g., revolving light, rotating red/blue lights, blinking red, flashing, strobing, glaring, or blinding) that interfere with, mislead, or confuse traffic, as determined by the Administrator;

6. Moving Signs. Signs or lights that move, rotate, blink, flicker, flash, strobe, or stream video, except flags, feather flags, digital signs, and limited digital signs that are approved by sign permit;

7. Extended Signs. Signs or sign structures, other than ground-mounted signs, that extend in any way above the highest visible point of the facade to which it is attached;

8. Abandoned Signs. Signs that are deemed abandoned as regulated by Section 501.030(G)(6);

9. Obsolete Signs. Signs that are deemed obsolete as regulated by Section 501.030(G)(7);

10. Attention Attracting Devices. Any sign not specifically permitted or exempted by this Sign Code and is intended to attract the attention of persons located off-premise. This includes but is not limited to the outdoor display of streamers; pennants; propellers; inflatable signs; inflatable devices; tethered balloons; buntings; artificial devices, shapes, colors, sounds, lights, exhibits; or costumed persons or figures whether live, animated, or still;

11. Vehicle Signs. Signs mounted, affixed, magnetically attached, or painted on vehicles or trailers that are parked on private property, except as exempted by this Sign Code;

12. Non-Electric Illuminated Signs. Signs illuminated by any method other than electrical means;

13. Illuminated Temporary Signs. Temporary signs that are illuminated;

14. Signs Whose Removal Damages The Building. Signs that when completely removed, may significantly damage the surface of a building wall in a manner that is difficult to repair;

15. Signs Without Valid Permit. Any sign that is constructed, maintained, or displayed without a valid permit; and

16. Non-Compliant Signs. Any other sign that does not comply with the terms, conditions, or provisions of this Sign Code.

Section 501.120 (Reserved)

Section 501.130 Definitions And Interpretations.

[Ord. No. 4885, 2-3-2020]

A. Applicability. This Chapter contains numerous graphics, pictures, illustrations, and drawings in order to assist the reader in understanding and applying the requirements. However, to the extent that there is any inconsistency between the text of this Chapter and any graphic, picture, illustration, or drawing, the text controls unless otherwise provided in the specific Section.

B. Interpretations.

1. Zoning District Interpretation.

a. Residential. Residential Zoning Districts shall be consistent with the categorization of zoning districts located in the Use Table located in Unified Development Code (UDC) Chapter 405, except residentially zoned properties with non-residential uses (e.g., churches, schools, libraries, etc.) shall be interpreted to be a non-residentially zoned property. However, home occupations, group homes, in-home daycares, parks and recreational areas, residential open spaces held in common, residential clubhouses/facilities held in common, and other similar uses shall not be interpreted as located in a non-residential zoning district.

b. Non-Residential. Non-Residential Zoning Districts shall be consistent with the categorization of zoning districts located in the Use Table located in UDC Chapter 405.

2. Property And Right-of-Way Interpretations.

a. Lot Area. The lot area shall be calculated as the horizontal land area within lot lines.

b. Cumulative Frontage. The cumulative frontage of a property shall be calculated as the sum of all lengths of all frontages of said property.

c. Frontage Roads Of Interstate Highway 70. The frontage roads of Interstate Highway 70 (I-70) shall be limited to:

(1) When north of I-70: Jefferson Street; and

(2) When south of I-70:

(a) South Outer Road;

(b) Mock Avenue between 7 Hwy. and Sunnyside School Road;

(c) Coronado Drive; and

(d) R.D. Mize Road east of the intersection of Coronado Drive and R.D. Mize Road.

3. Sign Location Interpretations.

a. Setback. Setbacks shall be measured as the distance between the leading edge of the sign and the applicable property line, when measured perpendicularly to said property line.

b. Spacing. The spacing between a sign and any object required by this Sign Code shall be measured as the distance between the leading edge of the sign and the leading edge of said object (e.g., as the crow flies), regardless of any intervening property or other object.

c. Sign — Location On Building Story.

(1) Signs On First Or Second Story. A sign shall be determined as located on the first or second stories when the entire sign face is located below the third story.

(2) Signs Above Second Story. A sign shall be determined as located above the second story when any portion of the sign face is located above the second story. This shall only apply to signs located on a building with a true third story (e.g., a sign located on a parapet wall above the second story is still located on the second story).

4. Building, Structure, Facade, And Face Interpretations.

a. Facade Area. The facade area shall be calculated by multiplying the height and the width of the of the entire building facade on which the sign is mounted.

(1) For facades with multiple heights at different portions of the facade, each portion may be calculated separately and ultimately combined as a total facade area.

(2) For pitched roofs or sloped sites, the average ground and/or roof height of that facade shall be utilized for the height measurement.

(3) When applicable, the Administrator may limit calculation of the entire building facade to solely the facade(s) within a tenant's lease space. If the tenant requests signage beyond their lease space, the entire building facade must be utilized in calculations.

(4) In the case of a stand-alone canopy (e.g., gas station canopies), the Administrator may measure the height as the distance between the top of the canopy and the ground directly below. However, canopy signs shall remain the only type of sign allowed on a stand-alone canopy and shall be limited in size as such (e.g., fifty percent (50%) coverage of the canopy face area).

b. Awning And Canopy Face Area. The face area of an awning or canopy shall be calculated by multiplying the height and width of the vertical plane of the entire awning or canopy on which the sign is mounted. For pitched awnings or canopies, the height shall be measured along the pitch.

c. Facade — Direction Facing. A facade shall be determined as facing an adjacent property or right-of-way when it is visible from said property or right-of-way and is either parallel or at an angle of no greater than degrees (45°) to the applicable property line. Each facade should be determined as facing no more than one (1) property or right-of-way.

d. Facade — Highest Visible Point. The highest visible point of a facade shall be determined as the highest point of the structure on which the sign is attached that is in the same vertical line as the applicable sign (e.g., the facade directly above and below the sign).

5. Sign Area And Dimension Interpretations.

a. Sign Area. The area of a sign face shall be measured by means of the smallest square, circle, rectangle, triangle, or combination thereof that encompasses the extreme limits of the sign face. Sign area shall be calculated differently according to the number of planes a sign is composed:

(1) Single-Faced Signs. The one (1) sign face shall be measured when determining the sign area.

(2) Double-Faced Signs. Only one (1) of the two (2) sign faces shall be measured when determining the sign area for a double-faced sign. If the two (2) faces are of unequal area, the larger of the two (2) faces shall be measured.

(3) Multi-Faced Signs.

(a) Signs With Three (3) Sign Planes. Sign area shall be the cumulative total of the sign area measured on the two (2) largest sign areas of such a sign.

(b) Signs With Four (4) Or More Sign Planes. Sign area shall be the cumulative total of the sign area measured on the two (2) largest vertical planes of such a sign. The sign area on each vertical plane shall be measured by projecting the sign face on the four (4) vertical planes created when an imaginary box is created that encompasses all sign faces.

b. Sign Dimensions.

(1) Height. The height of a sign shall be measured as the distance between the highest and lowest visible points of a sign structure when measured vertically (e.g., perpendicular to the ground).

(2) Width. The width of a sign shall be measured as the horizontal distance between the furthest left and right visible edges of a sign structure when viewing a sign as it was intended to be viewed (e.g., the front) and when measured parallel to the sign plane.

(3) Thickness. The thickness of a sign shall be measured as the horizontal distance between the furthest left and right visible edges of a sign structure when viewing a sign from the side (e.g., not the front, back, top, or bottom) and when measured perpendicular to the sign plane. Typically, the sign face is not visible from the side.

(4) Architectural Details. At the discretion of the Administrator, the architectural details of a permanent sign may be excluded from the measurement of a said sign's height, width, or thickness when:

(a) They are free of any message;

(b) They meet all placement standards (Section 501.040(A));

(c) They do not infringe on a required setback;

(d) They do not exceed the maximum height by more than ten percent (10%); and

(e) They do not increase the thickness or width of a sign beyond what is reasonable for the applicable sign type. For example, the thickness of a window sign should not be altered, but an architectural feature may be excluded from the width measurement of a projecting sign if it constitutes an insignificant portion of the overall sign structure.

c. Sign Plane Projection. The projection beyond a sign plane shall be measured as the distance between the sign plane and the leading edge of the sign face, when measured perpendicular to the sign plane.

6. Illumination. Light output shall be measured using a light meter and comparing the readings when the light source is turned on and off or when the light source is blocked and unblocked from the light meter. The following methods or any industry accepted method shall be utilized when conducting these measurements:

a. Horizontal Illumination (Light Spillover). Light output shall be measured at the property line with the light meter in the horizontal position at ground level.

b. Vertical Illumination (Glare). Light output shall be measured at a distance from the sign equal to the square root of [Sign area (square feet) x one hundred (100)] the property line with the light meter in the vertical position at five (5) feet above ground level.

7. Sign Visibility And Legibility Interpretations.

a. Visible. A sign is visible when the Administrator determines that the sign structure can be seen by a person located on any abutting property or right-of-way. Generally:

(1) A sign structure may be visible when the width or height of the sign structure exceeds one (1) inch in width or height for every thirty (30) feet of distance from any abutting property or right-of-way (e.g., a ten (10) inches tall sign is visible from three hundred (300) feet away). This is similar to the general rule for sign letter height accepted by the United States Sign Council but may not be appropriate in every situation; and

(2) A sign structure may not be visible when it is one hundred percent (100%) screened from view from ground level of any abutting property or right-of-way (e.g., six-foot sign screened by six-foot privacy fence) and substantially screened from above ground level (e.g., six-foot sign screened by a twelve-foot tree).

b. Legible. A sign is legible when the Administrator determines that the sign's message can be read by a person located on any abutting property or right-of-way. As a general rule, a legibility index of thirty (30) feet/inch shall be used for text (e.g., one (1) inch tall lettering is legible from thirty (30) feet away, or two (2) inch tall lettering from sixty (60) feet). This is the general rule accepted by the United States Sign Council but may not be appropriate in every situation.

C. Definitions. All terms shall be defined as provided below, unless the context of the use of the term clearly indicates otherwise based on the purposes and intent or specific definitions in the Sign Code:

1. Administrator. The Community Development Director or their designee.

2. Awning. An architectural projection that provides weather protection, identity, or decoration and is partially or wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a covering is attached. Awnings often utilize a fabric covering over a frame that is visible from below.

3. Base. The visible and contiguous portion of a ground-mounted sign structure that has a consistent massing and is in constant contact with the ground without interruption, such as a monolithic concrete slab. For example, a sign mounted on two (2) separate posts shall have two (2) bases.

4. Building. Any structure utilized or intended for supporting or sheltering any occupancy.

5. Building Entrance. Any doorway that serves as a public entrance to a building.

6. Canopy. A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity, or decoration. A canopy is permitted to be structurally independent or supported by attachment to a building on one (1) or more sides. Canopies often completely enclose a structural frame in permanent materials.

7. Common Tract. A property owned and controlled by a property or home owner's association or similar for the benefit of a subdivision or development. Common tracts are often shared by a subdivision or development such as open space tracts, detention ponds, residential community clubhouses/facilities, etc.

8. Display Screen. Any device that presents visual information by the electronic manipulation of a light source (e.g., television or computer screen).

9. Door. A solid material that limits access through a doorway by the action of opening and closing.

10. Doorway. An opening constructed in a wall that functions to allow pedestrian or vehicular passage through the wall. Passage through a doorway is often regulated by a door or a garage door.

11. Facade. The view of any building or other structure from any one (1) of four (4) sides regardless of the configuration or orientation of a building. No building shall be treated as having more than four (4) building facades. Each facade is generally identified as a north, south, east, or west building elevations.

12. Frontage. The front property line and/or public right-of-way line of a property abutting a public way or street. A property that abuts two (2) separate public ways or streets shall be determined to have two (2) frontages.

13. Light Source. An object that emanates light, such as a light bulb or a light emitting diode (LED).

14. Maintenance. The replacement or repair of a part or portion of a sign required by ordinary wear, tear, or damage, with like material, color, and design. Maintenance shall not result in a material deviation from the approved plans, specifications, and/or conditions or qualifications of approval.

15. Materials.

a. Permanent materials include masonry materials (e.g., stone, brick, stucco, concrete, etc.), metal, glass, acrylic, treated lumber, or other products with similar durability.

b. Semi-permanent materials include untreated wood products, canvas, vinyl, corrugated plastic, exterior paint, or other products with similar durability.

c. Temporary materials include foam core, cardboard, cardstock, or other products with similar durability.

d. Preferred materials include stone, brick, and similar materials, but does not include stucco, Exterior Insulation And Finish Systems (EIFS), or similar materials.

16. Plane. A mathematical two-dimensional surface.

a. Plane, Vertical. The plane that touches but does not intersect a wall or similar structure. The edges of the associated wall shall be the edges or boundaries of the vertical plane. A new vertical plane is created at each change in direction of the associated wall (e.g., vertical planes should follow the curve of a curved wall).

b. Plane, Horizontal. The plane that touches but does not intersect a ceiling, roof, or similar structure. The edges of the associated ceiling or roof shall be the edges or boundaries of the horizontal plane. A new horizontal plane is created at each change in direction of the associated ceiling or roof (e.g., a horizontal plane should follow the pitch of a pitched roof).

c. Plane, Sign. The plane created by connecting the outermost edges of a sign face. The edges of the associated sign face shall be the edges or boundaries of the plane. The returns of a sign (e.g., the portion of a sign that returns to the wall) shall not constitute the outermost edges of a sign face when said returns do not convey any message.

17. Premise. The property, principal structure, or portion of a principal structure and its appurtenances that are associated with a principal use. The Administrator may expand the definition of premise to include multiple properties when:

a. A sign permit application is submitted:

(1) By the property or homeowner's association or similar in control of the expanded definition of premise; or

(2) With the written consent of all property owners that own property within the expanded definition of premise;

b. All properties are either contiguous or located within the same development;

c. No sign shall be permitted larger than the original definition of premise would allow;

d. Messages that are off-premise according to the original definition of premise may only be displayed on a monument, pylon, or pole sign; and

e. One (1) of the following occurs:

(1) Common ownership or management of the properties;

(2) A shared parking agreement, cross-access easement, or sign easement is recorded at the County; or

(3) Common architectural features, colors, or building materials.

18. Principal Use. The primary use and chief purpose of a property.

19. Principal Structure. The structure in which a principal use is conducted. Properties with multiple principal uses may have multiple principal structures (e.g., gas station canopy with a convenience store), but storage buildings, garages, and other clearly accessory buildings shall not be considered principal structures.

20. Property. The land within one (1) platted lot or tract. In the event of an unplatted lot or tract, the land within one (1) tax parcel as recorded with the County Recorder of Deeds.

21. Refacing. Changing of the sign face or message attached to, affixed to, or supported by a sign structure, not to include any alteration, reconfiguration, or expansion of the sign structure.

22. Responsible Parties. Any and all of the following entities: sign owner; sign operator; all parties holding the present right of possession and control of the property whereon a sign is displayed, mounted, or installed; and the legal owner of the property, even if the sign was displayed, mounted or installed without the consent of the owner and/or applicable parties.

23. Setback. The distance between a property line, whether interior or exterior, and the leading edge of the applicable sign measured perpendicularly to the property line. An interior setback is measured from a property line shared with an abutting property (e.g., a side or rear property line). An exterior setback is measured from a property line that abuts a public right-of-way (e.g., the front property line).

24. Shared Property. A property with nine (9) or more attached dwelling units.

25. Sight Triangle.

a. Public Right-Of-Way. As defined in Section 406.020(E)(4), the space between a height of two (2) feet and eight (8) feet above the curb grade within the triangular area formed by an imaginary line that follows the street pavement edges and a line connecting them twenty-five (25) feet from the point of intersection. This sight triangle standard may be increased, by the City Engineer, when deemed necessary for traffic safety.

b. Private Drive. The space between a height of two (2) feet and eight (8) feet above the curb grade within the triangular area formed by an imaginary line that follows the street pavement edge and the private drive pavement edge and a line connecting them fifteen (15) feet from the point of intersection. This sight triangle may be increased, by the City Engineer, when deemed necessary for traffic safety.

26. Sign. Any object, device, display, or structure, or part thereof, that conveys a message about or otherwise attracts attention to a person, institution, organization, business, object, product, service, event, or place. A sign may be a structure, part of a structure, or painted or applied directly to a structure. A message, whether commercial or non-commercial (including artwork), is typically conveyed with words, letters, shapes, symbols, figures, fixtures, design, colors, illumination, or projected images. However, items that do not qualify as a "sign" shall include, but are not limited to the following:

a. Products, merchandise, or other materials offered for sale or otherwise used in conducting a business, when said products, merchandise or materials are kept or stored in a location allowed by Chapter 400 (Unified Development Code); and

b. Architectural features incorporated into the style or function of a building.

27. Sign Area. The dimensional area of a sign which encompasses the extreme limits of the sign face.

28. Sign, Cabinet. Any sign consisting of a box or case-like frame, enclosing a sign face (or faces) fabricated as a single pane of translucent or opaque material such as plastic or Plexiglas. Commonly referred to as a box sign or a canned sign which is a sign affixed to, or an integral part of, a cabinet which is designed as a single unit.

29. Sign Face. The surface of a sign on which information or the message of the sign is placed. This shall include any 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 the sign structure when no information or message is placed thereon.

30. Signs, Illuminated.

a. Back-Lit Sign. Any sign with a light source located within its sign structure that projects a consistent light that is completely shielded by opaque or translucent materials in every direction, except back towards the wall or other solid surface to which the sign is attached, so light refracts off said surface and out beyond the sign.

b. Digital Sign. Any sign with a display screen located within its sign structure capable of displaying more than two (2) different colors of light (e.g., a full color display screen)

c. Digital Sign, Limited. Any sign with display screen located within its sign structure capable of displaying no more than two (2) different colors of light (e.g., a typical time and temperature sign).

d. Exposed Light Sign. Any sign with a light source located within its sign structure that projects a consistent light outward from the sign without shielding, so the light source is visible. This shall not include digital or limited digital signs.

e. Externally Lit Sign. Any sign with a light source located outside its sign structure that projects a consistent light at said sign but does not project light beyond the wall or other solid surface to which the sign is attached.

f. Internally Lit Sign. Any sign with a light source located within its sign structure that projects a consistent light that is completely shielded by opaque or translucent materials in every direction.

31. Sign, Individually-Mounted Letter. A sign where each individual letter is constructed as its own sign structure and mounted to a structure independent of any other letter. In the case of signs with shapes (e.g., symbols or backgrounds), each individual shape must be constructed and mounted as similar to an individually mounted letter as possible. This shall not include a sign where each individual letter or shape is mounted to a raceway (e.g., a channel box that carries electrical wiring), which is subsequently attached to a structure.

32. Sign, Off-Premise. A sign that conveys a message not pertinent to the premise upon which it is located.

33. Sign, On-Premise. A sign that conveys a message pertinent to the premise upon which it is located.

34. Sign, Permanent.

a. Without Sign Permit. A sign mounted in a method that requires little maintenance if the sign is displayed indefinitely, such as signs constructed with permanent materials and mounted with substantial support. Typical examples include signs set in concrete, bolted to a permanent structure, or other similar methods.

b. With Sign Permit. A sign intended by the applicant to be displayed indefinitely.

35. Sign (Types), Permanent Building-Mounted. Any permanent sign that meets the definition of one (1) of the following sign types:

a. Applique. See Section 501.060(D)(3)(b) (Applique Sign).

b. Awning. See Section 501.060(D)(3)(h) (Awning Sign).

c. Canopy. See Section 501.060(D)(3)(i) (Canopy Sign).

d. Extended Roof/Canopy. See Section 501.060(D)(3)(g) (Extended Roof/Canopy Sign).

e. Incidental. See Section 501.060(D)(3)(j) (Incidental Building-Mounted Sign).

f. Projecting. See Section 501.060(D)(3)(e) (Projecting Sign).

g. Skyline. See Section 501.060(D)(3)(d) (Skyline Sign).

h. Suspended. See Section 501.060(D)(3)(f) (Suspended Sign).

i. Wall. See Section 501.060(D)(3)(c) (Wall Sign).

j. Window/Door. See Section 501.060(D)(3)(a) (Window/Door Sign).

36. Sign (Types), Permanent Ground-Mounted. Any permanent sign that meets the definition of one (1) of the following sign types:

a. Incidental. See Section 501.060(C)(3)(f) (Incidental Ground-Mounted Sign).

b. Monument. See Section 501.060(C)(3)(a) (Monument Sign).

c. Pedestrian Entrance. See Section 501.060(C)(3)(e) (Pedestrian Entrance Sign).

d. Pole. See Section 501.060(C)(3)(c) (Pole Sign).

e. Pylon. See Section 501.060(C)(3)(b) (Pylon Sign).

f. Vehicle Entrance. See Section 501.060(C)(3)(d) (Vehicle Entrance Sign).

37. Sign (Types), Permanent Other. Any permanent sign that does not meet the definition of a permanent ground-mounted sign or a permanent building-mounted sign. This includes, but is not limited to the following sign types:

a. Billboard. See Section 501.060(E)(3)(f) (Billboard).

b. Billboard, Digital. See Section 501.060(E)(3)(g) (Digital Billboard).

c. Flags. See Section 501.060(E)(3)(a) (Flags).

d. Historic Signs. See Section 501.060(E)(3)(d) (Historic Signs).

e. Murals. See Section 501.060(E)(3)(e) (Murals).

f. Other Permanent. See Section 501.060(E)(3)(h) (Other Permanent Signs).

g. Paired-Bracket Banner. See Section 501.060(E)(3)(b) (Paired-Bracket Banner).

h. Three-Dimensional (3D). See Section 501.060(E)(3)(c) (Three-Dimensional Sign).

38. Sign, Single-, Double-, And Multi-Faced.

a. Single-Faced Signs. Any sign whose sign face does not project more than six (6) inches from the sign plane and has no more than one (1) sign plane.

b. Double-Faced Signs. Any sign whose sign face does not project more than six (6) inches from a sign plane and has no more than two (2) touching sign planes, which may be parallel or angled at no greater than sixty degrees (60°) between said planes. However, no double-faced sign shall have more than one (1) sign face viewable from the same lane of traffic.

c. Multi-Faced Signs. Any sign with a sign face that projects more than six (6) inches from the sign plane or any sign with multiple sign planes.

39. Sign Structure. The foundation, base, bracing, framing, mounting, and all other parts and components onto which the sign face is resting, mounted, or otherwise attached.

40. Sign, Temporary.

a. Without Sign Permit. A sign mounted in a method that requires frequent maintenance, such as signs constructed with temporary or semi-permanent materials and displayed with insubstantial support. Typical examples include yard signs, real estate signs, etc.

b. With Sign Permit. A sign intended by the applicant to be displayed for a defined period of time.

41. Sign (Types), Temporary Building-Mounted. Any temporary sign that meets the definition of one (1) of the following sign types:

a. Building-Mounted Temporary Banner. See Section 501.070(D)(2)(b) (Building-Mounted Temporary Banner).

b. Semi-Permanent Sign. See Section 501.070(D)(2)(a) (Semi-Permanent Sign).

42. Sign (Types), Temporary Ground-Mounted. Any temporary sign that meets the definition of one (1) of the following sign types:

a. Feather Flags. See Section 501.070(C)(2)(b) (Feather Flags).

b. Ground-Mounted Temporary Banner. See Section 501.070(C)(2)(a) (Ground-Mounted Temporary Banner).

43. Sign (Types), Temporary Other. Any temporary sign that does not meet the definition of a temporary building-mounted sign or a temporary ground-mounted sign.

44. Structure. Anything constructed or erected on the ground or which is attached to something on the ground, whether installed on, above, or below the surface of land or water. A structure includes all associated foundation, base, bracing, framing, mounting, and other parts and components.

45. Tenant. One who possesses or occupies land or buildings by title, under a lease, or through payment of rent; an occupant, inhabitant, or dweller of a place.

46. Vacated Premise. A premise that the Administrator has deemed vacated or unoccupied based on the following criteria:

a. The property or structure is vacant;

b. Some or all utilities have been terminated;

c. The occupational license has lapsed or been terminated; or

d. Other methods as appropriate for the principal use.

47. Window. An opening constructed in a wall that functions to admit light or air inside a building, such that individuals within a building can look outside the building and is often framed and spanned with glass or similar surface, not to include a doorway.