[Bill No. 142, 5-23-2006]
A.Â
The purpose of this Chapter is to regulate the size, height, number,
location, illumination, and construction of signs permitted in the
various districts of the City and to alleviate the growth of sign
usage that is detrimental to the City of Merriam Woods.
B.Â
Signs excluded from the regulations below shall be the following:
1.Â
All signs and sign locations conforming to the regulations in
use on April 25, 2006, with the exception of mobile marquee signs,
shall be permitted.
2.Â
Signs not exceeding one (1) square foot in area bearing property
numbers, post box numbers, or names of occupants of premises.
3.Â
Flags and insignia of any government.
4.Â
Legal notices, identification, or directional signs by any governmental
body.
5.Â
Integral decorative or architectural features of buildings.
6.Â
Signs directing traffic or parking on private property but bearing
no advertising matter.
7.Â
Bumper stickers and signs on business vehicles advertising the
carrier's business.
C.Â
Conditions within the various zone districts which necessitate the
regulation of signs include:
1.Â
Conflicts between traffic control signs and signals and various
private sings resulting in vehicular and pedestrian safety problems.
2.Â
Signs placed in locations or in a manner that create a danger
to the public during periods of inclement weather or high winds.
3.Â
Signs which create a hazard due to collapse, fire, collision,
decay, abandonment, or other safety considerations.
4.Â
Signs that obstruct firefighting or police surveillance.
5.Â
In prohibiting the use of mobile marquee signs, Subsection (C)(1) through (4) above may together with the preamble be cited as conditions which necessitate these regulations. Portable signs do not meet wind load requirements of the building codes, are a visual hazard, by nature of their design blow over during high winds, and create a safety hazard with underground electrical wiring.
[Bill No. 142, 5-23-2006]
For the purpose of this Chapter, the following words shall be
defined as set out herein:
Changing or altering a sign in any way, including re-facing
(whether by painting or other covering, done in place or taken down
and re-faced off site), changing dimensions, framing supports, structural
components, wiring, lighting, etc. Changing letters on a changeable
letter board or marquee and required routine maintenance where there
is no change to the sign (message, colors, lighting, etc.) may not
be considered an alteration.
A sign constructed of cloth, paper, vinyl, or other combustible
material.
A freestanding or ground sign identifying the tenants of
a multiple-occupancy development where each tenant occupancy has a
gross leasable area (GLA) of at least two thousand (2,000) square
feet.
For purposes of signage, a lot shall not be less than seven
thousand five hundred (7,500) square feet.
The combination of the building(s) and specific lot and/or
property on which they are located.
Any devise designed to inform or attract the attention of
persons who are not on the premises on which the device is located.
The total surface area of the entire sign, including all
parts, except principal supports.
These words shall be synonymous and may be used interchangeably.
Their meaning is to restore to a former, better state and resembling
the original design and construction as closely as possible when describing
a damaged sign or a sign in disrepair.
An off-premises sign in excess of one hundred fifty (150)
square feet as defined under "sign, off-premises."
A sign intended for attracting customers or clients to any
commercial enterprise.
A sign advertising the development or improvement of a property
by a builder, contractor, financial institution, or other person furnishing
materials, services, labor, financing, or management to such premises
which the sign is intended for a limited period of display to be erected
on the same lot with the work being done.
A detached sign which is supported by one (1) or more uprights,
poles, or braces in the ground.
A sign supported by the ground, independently of the principal
building or structure, where the bottom edge of the sign is less than
four (4) feet from the ground or a ground planter box.
An on-premises sign of no more than twelve (12) square feet
in area, not electrically operated or lighted, advertising a temporary
sale or announcement.
A changeable copy sign, freestanding.
A sign which is not permanently affixed to a structure or
the ground or is designed or constructed to be easily movable from
one (1) location to another without disassembly.
A sign for any enterprise which is non-commercial in purpose.
Any sign located off the premises of the business being advertised.
Any sign advertising any product, service, or enterprise
that is located on the premises where the business is located.
A display sign which is attached directly to the wall of
a building and which extends more than one (1) foot from the face
of the wall.
A sign indicating the availability for sale, rent, or lease
of the specific building upon which the sign is erected or displayed.
A sign erected above or on a roof or parapet wall of a building
or structure.
A sign advertising the general development, sale, and/or
subdivision of land, or displayed or erected upon the subject property,
as distinguished from a real estate sign.
A sign permanently attached to a motor vehicle which is traveling
or lawfully parked on the public right-of-way or lawfully parked on
any other premises where the primary purpose of such parking is the
display of a sign.
Any sign, except banners, painted on, attached to, or erected
against the wall or mansard-type roof of a building or structure with
the exposed face of the sign in a plane parallel to the plane of said
wall and extending not more than one (1) foot from the face of the
wall and not to extend above the highest point of the wall.
[Bill No. 142, 5-23-2006]
A.Â
The sign standards of this Chapter shall be regulated by zone districts
as described in the Zoning Code and shown on the City of Merriam Woods
Official Zoning Map. If the Zoning Code is amended to include a zoning
district not presently included in this Chapter, no sign shall be
permitted unless:
1.Â
By written interpretation of the Board of Adjustment that the
new zone district is similar to an existing zone district; or
2.Â
By additional sign regulations for the new zone district as
are included in the amendment; or
3.Â
It is a sign that is classified by this Chapter as a sign which
is permitted in any zoning district.
[Bill No. 142, 5-23-2006]
A.Â
Location Of Signs. A sign shall not be located where it visually
interferes with traffic. Freestanding signs shall be set back from
any public right-of-way at least fifteen (15) feet. Ground signs shall
be set back at least fifteen (15) feet from any public right-of-way.
A minimum distance of one hundred fifty (150) feet shall be kept between
all freestanding or ground signs.
B.Â
Measurement Of Sign Face Area. Only one (1) side of any double-facing sign shall be considered in the
total sign area permitted for any building, use, or lot.
C.Â
Illumination Of Signs. The light from any illuminated sign shall
be so shaded, shielded, or directed so that the light intensity or
brightness shall not be objectionable to surrounding areas, and the
light rays shall not be projected over property lines into a residential
zone except by indirect reflection. Neither the direct nor indirect
light from a primary light source of a sign shall create a traffic
hazard to operators of motor vehicles or pedestrians on public thoroughfares.
No sign is permitted with flashing or rotating lights that would interfere
with safe passage of auto traffic. No sign shall be permitted to simulate
an emergency vehicle.
D.Â
Maintenance Of Signs. All signs shall be maintained in good repair
and shall be refurbished often enough to be legible or shall be subject
to removal at owner's or lessee's expense.
[Bill No. 142, 5-23-2006]
A.Â
A nameplate sign not exceeding two (2) square feet in area shall
be permitted per dwelling unit. This sign shall indicate only the
name of the occupant and may include the address.
B.Â
For multiple dwellings, one (1) additional sign totaling six (6)
square feet in area shall be permitted. The additional sign area so
permitted shall be for identification of the building and names of
occupants, if desired.
C.Â
Church signs in residential, floodplain, or conservation districts
shall be limited to one (1) sign with an allowable sign area of fifty
(50) square feet, including marquee, and may be pole mounted or ground
mounted. All such signs shall be at least five (5) feet back from
the public right-of-way lines except in the case of a ground sign
on a corner lot, in which case the sign shall be set back at least
fifteen (15) feet from any street front property line.
D.Â
No commercial signs, other than real estate, home occupation, or
garage sale signs, shall be permitted in a residential district without
approval by the Planning and Zoning Commission.
[Bill No. 142, 5-23-2006]
A.Â
Church Signs. All sign regulations applicable to business establishments
shall also apply to churches.
B.Â
Freestanding Or Ground Signs.
1.Â
Clearance. For signs not over a sidewalk, driveway, or alley,
an area eight (8) feet in height, except for structural members, shall
be maintained clear of obstruction under any freestanding sign to
increase pedestrian safety and to create a clear field of vision to
recognize the location of streets and commercial entrances. Signs
over a sidewalk, driveway, or alley shall be at least ten (10) feet
above a sidewalk and fifteen (15) feet above alleys and driveways.
2.Â
Height. Freestanding signs (on-premises) may not exceed twenty
(20) feet in height from ground elevation in the commercial zone.
Maximum height in all other sign zones shall be twenty (20) feet from
ground elevation.
3.Â
Location.
a.Â
All freestanding signs (structure, supports, or sign face) shall
be set back from any public right-of-way at least fifteen (15) feet.
Ground signs shall be set back at least fifteen (15) feet from any
public right-of-way.
b.Â
Distance Between Signs. There shall be not less than one hundred
fifty (150) feet (as measured along street frontage) between signs
(freestanding or ground or off-premises or any combination thereof).
4.Â
Maximum Area. In the commercial zone, the maximum area for freestanding
or ground signs is one hundred fifty (150) square feet.
C.Â
Banners. Banners may be allowed without obtaining a sign permit only
for advertising a public entertainment event or for sales events of
a temporary nature, provided:
1.Â
Banners shall be constructed so that they cannot be a public
danger or nuisance during high winds or inclement weather.
2.Â
Banners shall not be placed in any public right-of-way or obstruct
vision to enter or exit a public right-of-way.
3.Â
Banners used for each temporary sales event shall not be displayed
for more than a thirty-day period.
4.Â
No business shall display more than two (2) banners at a time.
5.Â
Banners shall not exceed forty-eight (48) square feet.
6.Â
Banners may appear fourteen (14) days before a public entertainment
event and must be removed within forty-eight (48) hours afterward.
7.Â
Banners shall not be allowed in any residential zoning district.
8.Â
Banners existing in violation of this Section must be removed
within thirty (30) days of the effective date of this Chapter.
D.Â
Incidental Signs. Signs indicating services, products, trade information,
or other information, but not including product advertising, may be
displayed subject to the following:
1.Â
No product or container or incidental sign shall be closer to
a public right-of-way line than ten (10) feet.
2.Â
Incidental signs shall include those that are installed on windows,
doors, walls or a structure. The total incidental sign square footage
shall not be more than twenty percent (20%) of the allowable area
permitted for wall signs.
E.Â
Projecting Signs. A business may have a projecting sign only if it
does not have a freestanding or roof sign. Projecting signs shall
have a minimum clearance of ten (10) feet above ground level at the
sign's lowest point and shall not exceed twenty (20) square feet in
sign area.
F.Â
Roof Signs. A premises may have one (1) roof sign only in lieu of
a freestanding sign or ground sign. A registered professional engineer
must design all roof sign structures and the sealed plans must be
submitted with the application for permit.
G.Â
Wall Signs. Any commercial establishment may be permitted a wall sign for each side of a building. Multiple wall signs may be permitted on a wall, but the aggregate area of all signs on the wall (including signs in windows) shall not exceed the area allowed in Section 525.060(G)(2). Wall signs shall not project more that one (1) foot from the building wall. Any sign painted, affixed, or displayed in windows shall be considered as a part of the total signage permitted on a wall. Marquees shall be considered wall signs. Signs may be on the vertical faces of marquees. The bottom of marquee signs shall be no less than eight (8) feet above the grade at any point. No part of the changeable copy shall project above or below the vertical marquee face. Banners shall not be allowed as wall signs.
1.Â
Sign Area. The total sign area permitted for all wall signs
and roof signs on or above a wall fronting the street shall not exceed
the size of the wall face times twenty percent (20%), not to exceed
the maximums listed below. "Wall face" shall mean the area determined
by multiplying the linear footage of the wall times the vertical height
to the top of the wall.
2.Â
Maximum Area For A Wall Or Roof Sign. In the commercial zone,
the maximum area for a wall or roof sign shall be no more than twenty
percent (20%) of the size of the wall to which it is attached.
H.Â
Development Complex Signs (Multiple-Tenant Area). Multiple occupancy developments shall be entitled to one (1) freestanding or ground sign meeting the requirements of Section 525.060(B) per street front for business (tenant) identification.
[Bill No. 142, 5-23-2006]
A.Â
Signs listed in this Section shall be allowed in any zone district
on private property, shall not require a permit, but are subject to
the general requirements of this Chapter.
1.Â
Construction Signs. A maximum of sixteen (16) square feet for
each firm. These signs shall be removed within fourteen (14) days
of the beginning of the intended use of the project or as individual
subcontracts expire, whichever is sooner.
2.Â
Real Estate Signs. Signs advertising the sale, lease, or rental
of residential property may be six (6) square feet and may be thirty-two
(32) square feet for other property, provided they are on the premises
for sale, lease, or rent. Such signs shall be removed within twenty-one
(21) days of the sale, rental, or lease of the property.
3.Â
Political Campaign Signs. Political campaign signs may be permitted,
provided they are not a public danger or nuisance during high winds
or inclement weather. These signs shall be confined to private property
and removed within seven (7) days after the election for which they
were made.
4.Â
Public Interest Signs. Signs publicizing a charitable or non-profit
event of general public interest shall be permitted only on private
property and shall be restricted to a maximum area of four (4) square
feet in residential zones and thirty-two (32) square feet in business
or industrial zones and shall be permitted for fourteen (14) days
before and forty-eight (48) hours after the event.
5.Â
Public Signs. Signs in the public interest, such as memorial
plaques, signs of historical interest, and the like, shall be permitted
when notification is given to the City Code Inspector.
6.Â
Institutional Signs. Signs setting forth the name and announcement
of an event for any public, charitable, educational, or religious
institution, located entirely within the premises of that institution,
up to an area of twenty-four (24) square feet are permitted. If ground
mounted, the top shall not exceed six (6) feet above ground level.
Such signs are permitted no more than fourteen (14) days before or
forty-eight (48) hours after the event.
7.Â
Integral Signs. Names of buildings, dates of erection, monumental
citations, commemorative tablets, and the like, when made a permanent
and integral part of the structure are permitted.
8.Â
Private Traffic Direction Signs. Signs directing traffic movement
onto a premises or within the premises, not exceeding three (3) square
feet in area for each sign, may be permitted. Horizontal signs on
and flush with paved areas are exempt from these standards.
9.Â
Home Occupation Signs. Signs not exceeding eight (8) square
feet in area for home occupations, attached flat against a building,
stationary and not illuminated, announcing only the name, occupation,
address, and telephone number of the resident are permitted.
10.Â
Subdivision Entrance Signs (Non-Advertisement). Subdivision
signs, not to exceed twelve (12) feet in length and five (5) feet
in height and not to have an area in excess of sixty (60) square feet,
shall be mounted and so located as to not create a safety hazard at
intersections.
11.Â
Temporary Signs. Signs not previously identified in this Section
but which are temporary in nature, such as grand opening, fire sale,
or subdivision advertisement, shall be classified by the City Code
Inspector within the standards of signs most similar to the applicant's
signs. In the event that a sign or business is substantially damaged
through flood, fire, act of God, insurrection, riot, or similar emergency,
a temporary sign shall be allowed for a period of time not exceeding
sixty (60) days, unless the period is extended for reasons of continuing
hardship at the discretion of the City Code Inspector and that of
the Board of Adjustment.
[Bill No. 142, 5-23-2006]
A.Â
Any sign in violation of any Section of this Chapter shall be removed, altered, or repaired in accordance with the provisions of this Chapter from and after April 25, 2006, except as stated in Section 525.010(C)(5) and except as listed below shall be prohibited without the approval of the Board of Aldermen.
B.Â
A mobile marquee sign may be permitted for a period not exceeding
thirty (30) days in lieu of any sign for a new business, which has
submitted a sign permit request, but which sign is not yet installed.
Mobile marquee signs shall be securely mounted or fastened to the
ground to prevent the sign from becoming a hazard during windy conditions.
C.Â
Prohibited signs are signs which:
1.Â
Contain or are an imitation of an official traffic sign or signal.
2.Â
Are of a size, location, movement, content, coloring, or manner
of illumination which may be confused with or construed as a traffic
control device or which hide from view any traffic or street sign
or signal.
3.Â
Move in any manner, have a major moving part, or swing because
of the manner of their suspension or attachment as a result of wind
pressure, unless professionally designed to operate in this manner.
Not included in this prohibition are signs which are designed to include
small, integral parts which flutter due to wind pressure.
4.Â
Cause odor or sound emission.
5.Â
Operate or employ any motion picture or video projection in
conjunction with any advertisements.
6.Â
Are classified as vehicular signs.
7.Â
Are attached to utility poles, street sign posts, or trees on
public property.
[Bill No. 142, 5-23-2006]
A.Â
The following regulations shall govern the construction, repair,
maintenance, inspection, and removal procedure:
1.Â
A permit for the construction, alteration, or repair of all
signs shall be obtained from the City office after the payment of
the twenty-five dollar ($25.00) fee. No person shall erect, construct,
repair, or maintain any sign upon any property or building without
the consent of the property owner or owner's authorized representative.
All signs and work on signs requiring a permit shall be done by a
licensed sign contractor.
2.Â
Signs may be inspected periodically by the City Code Inspector
for compliance with this and other codes of the City.
3.Â
Application For Permit. Application for a permit shall be made
to the City Code Inspector and shall be accompanied by such information
as may be required to ensure compliance with all appropriate laws
and statutes of the City, including, but not limited to:
a.Â
Name, address, and business license number of the permit applicant
and owner of the sign.
b.Â
Name and address of the owner of the premises where the sign
is located or to be located.
c.Â
Name and address of the licensed sign contractor that will fabricate
and erect the sign.
d.Â
The licensed sign contractor shall submit clear and legible
drawings with description definitely showing location of the sign
which is the subject of the permit and all other signs on the same
premises and those directly adjacent. Drawings showing the dimensions,
construction, supports, sizes, materials of the sign, and method of
attachment or character of structural members to which attachment
is to be made.
e.Â
Any sign may be required, at the City's discretion, to be designed
by a Missouri registered professional engineer. In such case, that
engineer's signature and seal shall be affixed to the documents. Any
sign over three hundred (300) square feet in area or thirty (30) feet
in height, or both, shall be designed by a Missouri registered professional
engineer, and that engineer's signature and seal shall be affixed
to the submitted documents.
f.Â
The City Code Inspector or his/her authorized representative
shall issue a permit for the erection, repair, alteration, or relocation
of signs within the City when an application therefor has been properly
made and the sign complies with all appropriate laws and regulations
of the City.
4.Â
Maintenance. All signs and components thereof shall be kept
in good repair and safe, neat, clean, and attractive condition.
5.Â
Removal Of Signs.
a.Â
The City Code Inspector or his/her authorized representative
shall identify and shall order the removal of any signs, at cost to
the owner, erected or maintained in violation of this Chapter. The
City Code Inspector shall give thirty (30) days' notice in writing
to the owner of such sign, or of the buildings, structure, or premises
on which such sign is located, to remove the sign or to bring it into
compliance. When notice is served to remove a sign, it shall be delivered
by handing the notice to the person to be served by anyone designated
by the City Code Inspector or by leaving the notice at the usual abode
of the one to be served with a member of the household over the age
of fifteen (15) years. If the address of the person to be served cannot
be ascertained, the service of notice shall be by publication. The
publication shall contain the full text of the notice and shall be
published once a week for four (4) consecutive weeks on the same day
of the week in a newspaper of general circulation published in Taney
County and the time specified for a hearing to be held by the Board
of Adjustment. Commencement of work to be done or any other adjustment
to be made shall begin no later than forty-five (45) days from the
date of first notice or publication in a newspaper. Notice given by
the City Code Inspector shall state not only the remedial action required
to be taken but shall also state that if such action is not taken
in the time limit set forth in this Code, the remedial action may
be taken by the City and the cost of correcting the unlawful, dangerous,
or defective feature or total sign may be assessed against the property
on which the sign is located, together with the inspection, collection,
and incidental costs.
b.Â
The City Code Inspector or any person so authorized by the Board
of Aldermen may remove a sign immediately and without notice to the
owner, in the event that the owner cannot be located immediately,
when in his/her opinion the condition of the sign is such as to present
an immediate threat to the safety of the public, all entirely at the
property owner's expense.
c.Â
At the City's discretion, remedial action may be taken on behalf
of the City by a company of the City's choice.
d.Â
Appeals. If a permit is denied by the City Code Inspector, the
applicant may appeal the violation notice issued by the City Code
Inspector by filing a written appeal in the City Office within fifteen
(15) days of the violation notice. The Board of Adjustment shall speedily
hear the appeal in accordance with their usual procedure.
[Bill No. 142, 5-23-2006]
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertised is no longer conducted on the premises. If the owner or lessee fails to remove it, the City Code Inspector shall give written notice to remove it and take actions as described under Section 525.090, Permits, Inspection, Removal, Safety. Upon failure to comply with this notice, the City Code Inspector or his/her duly authorized representative may have the sign removed at cost to the owner. Where a successor to a business agrees in writing to the City Code Inspector to maintain the sign as provided in this Chapter, the removal requirement shall not apply.
[Bill No. 142, 5-23-2006]
A.Â
Any sign on a building or premises not conforming to the provisions
of the zone district in which it is located shall comply with all
the sign provisions for the zone district in which it is located.
B.Â
Non-Conforming Signs. Signs existing on April 25, 2006, and not conforming
to the provisions of this Chapter but which were constructed in compliance
with previous regulations shall be regarded as non-conforming signs.
Non-conforming signs which are relocated or substantially destroyed
or damaged fifty percent (50%) or more shall comply immediately with
all provisions of this Chapter. No sign having been erected in violation
of a previous ordinance shall be considered non-conforming. Owners
of mobile marquee signs existing on the effective date of this Chapter
shall apply for and receive a sign permit to bring the sign into conformity
or remove the sign within thirty (30) days of the effective date of
this Chapter.
C.Â
More Than Allowable Number Of Signs Per Lot. In the event that a
need for more than the allowable number of wall, freestanding, ground,
or roof signs per lot is demonstrated, the business and/or property
owner shall present a signage plan to the City Code Inspector. The
City Code Inspector will then present the request before the Planning
and Zoning Commission at their next regular meeting. The signage plan
shall include, but not be limited to, the following information:
1.Â
A drawing of the proposed signs, with dimensions and sizes of
structural supports, and engineering specifications if needed.
2.Â
A site plan of the property drawn to scale, including location
of signs already present on the property, and the properties immediately
adjacent. Location of proposed signs shall include correct measurements
to property lines and to adjacent signs.
3.Â
A written explanation of the reason for the request.
[Bill No. 142, 5-23-2006]
A.Â
The Board of Aldermen may designate at a future date special sign
districts, such as in conjunction with a plan for neighborhood revitalization
or a planned development.
B.Â
In such an event, the regulations governing all other signs may be set aside and new regulations shall be approved designed to give an attractive, scenic, aesthetic overall view of the part of the City designated such a special district within the basic framework of this Chapter and as set out in Section 525.010, Purpose. A hearing shall be conducted and this Chapter shall be revised at that time.
[Bill No. 142, 5-23-2006]
Any appeal for exception or variance from this Chapter shall
be submitted to the Board of Adjustment in accordance with the provisions
that provide procedure and guidelines for appeals.
