[Ord. No. 2011-83 §1, 9-15-2011]
The purpose of this Article is to protect the safety and orderly development of the community through the regulation of signs and sign structures.
[Ord. No. 2011-83 §1, 9-15-2011]
The following words and terms shall, for the purposes of this Article and as used elsewhere in this Code, have the meanings shown herein.
ABANDONED SIGN
A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or the sign is for a business that has not been transacting business for more than ninety (90) days, or as otherwise defined by State law.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:
ELECTRICALLY ACTIVATED — Animated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or both of the classifications noted below:
1.
FLASHING — Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this Article, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.
2.
PATTERNED ILLUSIONARY MOVEMENT — Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns or graphics designed to appear in some for a of constant motion.
ENVIRONMENTALLY ACTIVATED — Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
MECHANICALLY ACTIVATED — Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "AWNING"; "BACKLIT AWNING"; and "CANOPY, ATTACHED AND FREESTANDING".
AWNING
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
AWNING SIGN
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "WALL OR FASCIA SIGN".
BACKLIT AWNING
An awning with a translucent covering material and a source of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphics may be displayed with no enclosing framework.
BANNER SIGN
A sign utilizing a banner as its display surface.
BILLBOARD
See "OFF-PREMISE SIGN" and "OUTDOOR ADVERTISING SIGN".
BUILDING ELEVATION
The entire side of a building, from ground level to the roof line, as viewed perpendicular to the walls on that side of the building.
CANOPY (ATTACHED)
A multi-sided overhead structure or architectural projection supported by attachments to a building on one (1) or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "MARQUEE".
CANOPY (FREESTANDING)
A multi-sided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see Section 405.1550.
CHANGEABLE SIGN
A sign with the capability of content change by means of manual or remote input, including signs which are:
ELECTRICALLY ACTIVATED — Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "ELECTRONIC MESSAGE SIGN OR CENTER".
MANUALLY ACTIVATED — Changeable sign whose message copy or content can be changed manually.
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a building structure.
COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with Section 405.1610 of this Article.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DOUBLE-FACED SIGN
A sign with two (2) faces, back to back.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTER
An electrically activated changeable sign whose variable message capability can be electronically programmed.
EXTERIOR SIGN
Any sign placed outside a building.
FASCIA SIGN
See "WALL OR FASCIA SIGN".
FLAGS
Any flexible substrate, usually attached at one (1) edge to a staff or cord and used as the symbol of a nation, State, City or organization may also be imprinted with an advertising message or design.
FLASHING SIGN
See "ANIMATED SIGN, ELECTRICALLY ACTIVATED".
FREESTANDING SIGN
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground. For visual reference, see Section 405.1550.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a single premise orientated to the public way or other properties that it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premise along either a public way or other properties on which it borders.
GROUND SIGN
See "FREESTANDING SIGN".
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated).
INCIDENTAL SIGN
A small sign, emblem, or decal, placed within the establishment, informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
INTERIOR SIGN
Any sign placed within a building, but not including "window signs" as defined by this Article. Interior signs, with the exception of window signs as defined, are not regulated by this Article.
MANSARD
An inclined decorative roof-like projection that is attached to an exterior building facade.
MARQUEE
See "CANOPY (ATTACHED)".
MARQUEE SIGN
See "CANOPY SIGN".
MENU BOARD
A freestanding sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than twenty percent (20%) of the total area for such a sign utilized for business identification.
MULTIPLE-FACED SIGN
A sign containing three (3) or more faces.
OFF-PREMISE SIGN
See "OUTDOOR ADVERTISING SIGN".
ON-PREMISE SIGN
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or non-commercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
PARAPET
The extension of a building facade above the line of the structural roof.
POLE SIGN
See "FREESTANDING SIGN".
POLITICAL SIGN
A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
PORTABLE SIGN
Any sign not permanently attached to a foundation constructed in the ground or permanently attached to a building or building surface.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects more than eighteen (18) inches (457 mm) from a building face or wall or from a structure whose primary purpose is other than the support of a sign. For visual reference, see Section 405.1550.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
REVOLVING SIGN
A sign that revolves three hundred sixty degrees (360°) (6.28 rad) about an axis. See also "ANIMATED SIGN, MECHANICALLY ACTIVATED".
ROOF LINE
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, ***SOMETHING MISSING in ordinance original*** pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual reference, and a comparison of differences between roof and fascia signs, see Section 405.1550.
SANDWICH SIGN
A sign that is so designed to be self-supporting by design. Often times this sign is of the folding type and when collapsed is flat in nature, therefore "sandwiches" together. This is an allowable portable sign that is displayed in front of business during open hours only.
SEARCHLIGHT
An apparatus containing a light source and a reflector for projecting a high-intensity beam or beams of approximately parallel rays of light. A searchlight is considered to be an advertisement or an attention-attracting device and is subject to all sign permitting processes.
SIGN
Any device visible from a public place that displays either commercial or non-commercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Non-commercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as fifty percent (50%) of the sum of the area of all faces of the sign.
SIGN COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
SIGN FACE
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, non-structural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. See Section 405.1550.
1. 
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
2. 
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
3. 
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
4. 
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
SIGN STRUCTURE
Any structure supporting a sign.
TEMPORARY SIGN
See "BANNER".
UNDER CANOPY SIGN OR UNDER MARQUEE SIGN
A sign attached to the underside of a canopy or marquee.
V SIGN
Signs containing two (2) faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape with an interior angle between faces of not more than ninety degrees (90°) (1.57 rad) with the distance between the sign faces not exceeding five (5) feet (1,524 mm) at their closest point.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia signs and roof signs, see Section 405.1550.
WINDOW SIGN
A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
[Ord. No. 2011-83 §1, 9-15-2011]
Sign types and the computation of sign area shall be as depicted in Figures 1003.1(1) through 1003.1(4).[1]
[1]
Editor's Note — Figures 1003.1(1) through 1003.1(4) are included as Attachment 2 to this chapter.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
Conformance To Codes. Any sign hereafter erected shall conform to the provisions of this Article and the provisions of the International Building Code and of any other ordinance or regulation within this jurisdiction.
B. 
Signs In Rights-Of-Way. No sign other than an official traffic sign or similar sign shall be erected within two (2) feet (610 mm) of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the Code Official.
C. 
Projections Over Public Ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight (8) feet (2,438 mm) from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.
D. 
Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
E. 
Computation Of Frontage. If a premises contains walls facing more than one (1) property line or compasses property frontage bounded by more than one (1) street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.
F. 
Animation And Changeable Messages. Animated signs, except as prohibited in Section 405.1590, are permitted in commercial and industrial zones only. Changeable signs, manually activated, are permitted in all non-residential zones. Changeable signs, electrically activated, are permitted in all non-residential zones.
G. 
Maintenance, Repair And Removal. Every sign permitted by this Article shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Code Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Article, the owner thereof or the person or firm using same shall, upon written notice by the Code Official forthwith in the case of immediate danger, and in any case within not more than ten (10) days, make such sign conform to the provisions of this Article, or shall remove it. If within ten (10) days the order is not complied with, the Code Official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign. Temporary signs shall be clean, help taunt, straight and be readable.
H. 
Obsolete Sign Copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within thirty (30) days after written notification from the Code Official; and upon failure to comply with such notice, the Code Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
I. 
Non-Conforming Signs. Any sign legally existing at the time of the passage of this Article that does not conform in use, location, height or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or moved by its owner, subject to the following limitations:
[Ord. No. 2023-15, 2-27-2023]
1. 
Structural alterations, enlargement or re-erection are not permissible.
2. 
Any legal non-conforming sign shall be removed or rebuilt without increasing the existing height or its area if it is damaged, or will be removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds fifty percent (50%) of the replacement cost of the sign as determined by the Code Official.
J. 
Responsible Party. They responsible party for a sign shall include any or all of the following: the applicant for the sign permit or the person in charge of erecting the sign or structure are all subject to the provisions of this Article and therefore subject to the penalty hereinafter provided.
K. 
Temporary Signs. All temporary signs shall be considered to be a banner and subject to banner sign regulations.
L. 
Searchlights.
1. 
Searchlights may be permitted in accordance with the following applicable regulations. A permit for the use of a searchlight, or a searchlight to be used as an attention-attracting device may be granted under the following addition regulations.
2. 
A searchlight shall be located a minimum distance of fifty (50) feet from a public right-of-way and positioned so as to project all beams at a minimum angle of forty-five degrees (45°) from grade level.
3. 
The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot-candle power. No more than four (4) beams of light may be projected from any premises.
4. 
All searchlights must be designed and maintained and focused so as to prevent rays of light from being directed at any portion of the right-of-way or adjoining property, and no light shall be of such intensity or brilliance to cause a glare to impair the vision of the driver of any vehicle, or to create greater than 0.5 foot-candles at four (4) feet height at the property line.
5. 
No searchlight may be operated between the hours of 12:00 A.M. and 7:00 A.M.
6. 
No searchlight may be operated on a premise for more than seven (7) consecutive days. No permit for a searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six (6) month preceding the date of the permit application.
7. 
Searchlights may be used in commercial or industrial zones only.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
BANNER SIGN
A flexible material such as cloth, vinyl, etc., on which a sign is painted or printed, which is intended to be displayed for a limited time.
COMMERCIAL BANNER
A banner that advertises or calls attention to special events, promotions, sales or other commercial information associated with a business located on the premises to which the banner is attached.
COMMUNITY EVENT BANNER
A banner that advertises or promotes a community event, such as Chautauqua.
DECORATIVE BANNER
A banner that depicts seasonal or other decorative pictures, displays or designs, but does not contain any commercial message or reference or depict any particular product, services, or business.
OFF-PREMISES BANNER
A banner which advertises or calls attention to a business, profession, commodity, services, or other commercial activity which is not carried on, sold, or offered for sale on the same lot on which the sign is located.
ON-PREMISES BANNER
A banner which advertises or calls attention to a business, profession, commodity, services, or other commercial activity which is carried on, sold, or offered for sale on the same lot on which the banner is located.
B. 
Banners Prohibited Unless Expressly Permitted.
1. 
A banner not expressly allowed by this Article is prohibited. The Article does not apply to political banners or other banners protected by State and Federal constitutional protections.
2. 
It shall be unlawful for any person to erect or display, or to cause to have erected or displayed, a banner within the City without first obtaining a permit from the Zoning Officer in accordance with the provisions of this Article unless the banner is specifically exempt from this Article.
3. 
It shall be unlawful for any person to erect or display, or cause to, have erected or displayed, a banner within the City contrary to the provisions of this Article.
C. 
Banners When Permitted.
1. 
Commercial banner. A person may erect or display a commercial banner for a business on the premises to which the banner is attached subject to the following limitations:
a. 
Grand opening banner. This banner may be displayed for a maximum of thirty (30) days within ninety (90) days of the issuance of a certificate of occupancy.
b. 
Coming soon banner. This banner may be displayed throughout the active construction period. Banner is to be removed before issuance of certificate of occupancy. Coming soon banner may be displayed as a ground sign (maximum thirty-two (32) square feet).
c. 
Promotional banner. This banner may be displayed for duration of promotional event.
d. 
Commercial real estate cloth/plastic banner. This banner may be displayed for up to one (1) year.
e. 
Change of business banner. This banner is to contain the new name of the business only and be placed over the old permanent sign while a new sign is being constructed. This banner may be displayed for a maximum of ninety (90) days.
f. 
Permanent substitute banner is a one-time only alternate to an allowed permanent sign and may be displayed for a maximum of ninety (90) days.
g. 
Roadway/utility construction banner permit is valid only for the duration of construction, and shall be removed upon completion of the roadway or utility project. Banners shall be limited in copy to reference the situation, i.e., "still open for business", "construction entrance", etc., cannot be used to announce sales, hiring or specials. This is not a promotional banner.
h. 
Commercial banners shall be on-premises banners and shall not be off-premises unless applicant submits written permission from the off-premises property owner.
i. 
A building may have multiple commercial banners, but the total area of sign coverage, including banners, shall not exceed the limits set forth in Table 1008.1.1(1).
j. 
Commercial banners allowed for a building may be attached to a freestanding sign that is otherwise allowed by the City Zoning Regulations. Such banners shall be securely attached to the freestanding sign so that the face of the banner is parallel to the face of the freestanding sign.
2. 
Decorative banner. A person may erect or display on their premises decorative banner(s) which are attached to a pole or building and do not contain any commercial message and do not exceed ten (10) square feet in size per banner. Approval to erect or display more than five (5) such banners, at one (1) time, shall require prior review and approval from the Planning and Zoning Board.
3. 
Community event banner. A person may erect or display a community event banner(s) subject to the following limitations:
a. 
No community event banner shall have a sign area that exceeds two hundred (200) square feet.
b. 
The community event shall not be advertised by any community event banner(s) for more than thirty (30) days prior to and seven (7) days after the event.
4. 
For purpose of this Section, a banner shall be considered one (1) banner although both sides are used to display a message; the sign area limitations provided in Subsection (C)(5) below shall be the sign area of any one (1) side of the banner.
5. 
Requirements for all banners.
a. 
Banners are limited in height to a maximum of thirty (30) feet on buildings and six (6) feet on poles, and temporary ground signs are limited to a minimum height of eight (8) feet.
b. 
Promotional banners are limited to the area limits set forth in Table 1008.1.1(1).
c. 
Banners must be securely mounted and held taunt.
d. 
Banners shall be set back a minimum of fifteen (15) feet from street curb. Temporary ground signs must be a minimum of twenty-five (25) feet from street curb.
e. 
Banners may be affixed to vehicles, trailers, skids or similar mobile structures pursuant to Section 405.1590(5).
f. 
In the case of a lot with multiple street frontages, the applicant(s) may display two (2) banners in one (1) permit as long as each banner is facing a different street.
g. 
Any banner sign that becomes worn, torn or unreadable shall be replaced or the City will remove the banner.
h. 
A banner sign permit is required and an application must be provided to the Zoning Officer. For promotional banners an annual permit will be required.
i. 
Banner signs may not be affixed to any utility pole including telephone, electric, street and traffic poles unless written permission is granted by the utility owning the pole, and approved by Zoning Officer.
j. 
Pendants and streamers shall be considered banners.
k. 
Banners shall not be roof-mounted or higher than the building on which it advertises.
l. 
Banners signs shall not interfere with vehicular or pedestrian traffic.
D. 
Permit Application And Fees.
1. 
No commercial, decorative, or community event banner shall be erected or displayed without a permit issued by the Zoning Officer, unless classified as an exempt sign.
2. 
All banner permit applications shall be submitted to the Zoning Officer on a completed form as approved by the Zoning Officer.
3. 
The City Council may adopt by resolution a schedule of applications of fees from time to time in the exercise of its sole discretion. Until otherwise adopted the fee shall be twenty dollars ($20.00) per permit.
E. 
Prohibited Banners. In addition to the provisions of Subsection (B), the following banners are prohibited:
1. 
Off-premises banner unless approved under Subsection (D)(3) above.
2. 
Banners that permit free access to any door, window, or fire escape or create a public hazard.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
The following signs shall be exempt from the provisions of this Article. No sign shall be exempt from Section 405.1560(D).
1. 
Official notices authorized by a court, public body or public safety official.
2. 
Directional, warning or information signs authorized by Federal, State or municipal governments.
3. 
Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of non-combustible material and made an integral part of the building or structure.
4. 
The flag of a government or non-commercial institution, such as a school.
5. 
Religious symbols and seasonal decorations within the appropriate public holiday season.
6. 
Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.
7. 
Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed six (6) square feet (0.56 m2) in area.
8. 
Directional auctioneer signs used during the day of auction and directional real estate signs used the day of open house viewings.
9. 
Flags with company logo.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
The following devices and locations shall be specifically prohibited:
1. 
Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
2. 
Except as provided for elsewhere in this Code, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.
3. 
Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.
4. 
Portable signs.
5. 
Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting all of the following conditions:
a. 
The primary purpose of such a vehicle or trailer is not the display of signs.
b. 
The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, or taunt and straight banners and do not break the silhouette of the vehicle.
c. 
The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
6. 
Vehicles and trailers not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.
7. 
Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this Subsection, "temporarily" means no more than twenty (20) days in any calendar year.
8. 
Signs that contain any indecent, obscene, or immoral matter as defined in Section 573.010, RSMo.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
Identification Signs. Identification signs shall be in accordance with Subsection (A)(13) of this Section.
1. 
Wall signs. Every single-family residence, multiple-family residential complex, commercial or industrial building, and every separate non-residential building in a residential zone may display wall signs per street frontage subject to the limiting standards set forth in Table 1008.1.1(1). For shopping centers, planned industrial parks or other multiple occupancy non-residential buildings, the building face or wall shall be calculated separately for each separate occupancy, but in no event will the allowed area for any separate occupancy be less than eight (8) feet by sixteen (16) feet or one hundred twenty-eight (128) square feet.
2. 
Freestanding signs. In addition to any allowable wall signs, every single-family residential subdivision, multiple-family residential complex, commercial or industrial building, and every separate non-residential building in a residential zone shall be permitted to display freestanding or combination signs per street frontage subject to the limiting standards set forth in Table 1008.1.2.[1]
[1]
Editor's Note — Table 1008.1.2, Identification Sign Standards—Freestanding Signs and Figures 1008.1.2(1), 1008.1.2(2) and 1008.1.2(3) are included as Attachment 3 to this chapter.
3. 
Directional signs. No more than two (2) directional signs shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. In residential zones, the maximum area for directional signs shall be six (6) square feet. For all other zones, the maximum area for any directional sign visible from adjacent property or rights-of-way shall be eight (8) square feet. Not more than twenty-five percent (25%) of the area of any directional sign shall be permitted to be devoted to business identification or logo, which area shall not be assessed as identification sign area.
TABLE 1008.1.1(1) IDENTIFICATION SIGN STANDARDS — WALL SIGNS
LAND USE
AGGREGATE AREA
(6 square feet)
Single-family residential
12 square feet
Multiple-family residential
12 square feet
Non-residential in a residential zone
32 square feet
Commercial and industrial
See Table 1008.1.1(2)
For SI: 1 square foot = 0.0929 m2.
TABLE 1008.1.1(2) SIGN AREA
DISTANCE OF SIGN FROM ROAD OR ADJACENT COMMERCIAL OR INDUSTRIAL ZONE
PERCENTAGE OF BUILDING ELEVATION PERMITTED FOR SIGN AREA
0 to 100 feet
25 percent
100 to 300 feet
25 percent
Over 301 feet
25 percent
For SI: 1 foot = 304.8 mm.
B. 
Temporary Signs. Temporary signs shall be in accordance with Subsection (B)(16) of this Section.
1. 
Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations:
a. 
Real estate signs located on a single residential lot shall be limited to one (1) sign, not greater than four (4) feet in height and six (6) square feet in area.
b. 
Real estate signs advertising the sale of lots located within a subdivision shall be limited to one (1) sign per entrance to the subdivision, and each sign shall be no greater than thirty-two (32) square feet in area nor ten (10) feet in height. All signs permitted under this Section shall be removed within ten (10) days after sale of the last original lot.
c. 
Real estate signs advertising the sale or lease of space within commercial or industrial buildings shall be no greater than thirty-two (32) square feet in area nor ten (10) feet in height, and shall be limited to one (1) sign per street front.
d. 
Real estate signs advertising the sale or lease of vacant commercial or industrial land shall be limited to one (1) sign per street front, and each sign shall be no greater than ten (10) feet in height, and thirty-two (32) square feet for property of ten (10) acres (40,470 m2) or less, or one hundred (100) square feet (9.3 m2) for property exceeding ten (10) acres (40,470 m2).
e. 
Real estate signs shall be removed not later than ten (10) days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.
2. 
Development and construction signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates shall be permitted in all zoning districts, subject to the following limitations:
a. 
Such signs on a single residential lot shall be limited to one (1) sign not greater than four (4) feet in height and six (6) square feet in area.
b. 
Such signs for a residential subdivision or multiple residential lots shall be limited to one (1) sign at each entrance to the subdivision or on one (1) of the lots to be built upon, and shall be no greater than ten (10) feet in height and thirty-two (32) square feet in area.
c. 
Such signs for non-residential uses in residential districts shall be limited to one (1) sign, and shall be no greater than ten (10) feet in height and thirty-two (32) square feet in area.
d. 
Such signs for commercial or industrial projects shall be limited to one (1) sign per street front, not to exceed ten (10) feet in height and thirty-two (32) square feet for projects on parcels five (5) acres (20,235 m2) or less in size, and not to exceed ten (10) feet in height and one hundred (100) square feet for projects on parcels larger than five (5) acres (20,235 m2).
e. 
Development and construction signs may not be displayed until after the issuance of construction permits by the Building Official, and must be removed not later than twenty-four (24) hours following issuance of an occupancy permit for any of all portions or the project.
3. 
Special promotion, event and grand opening signs. Signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for non-residential uses in a residential district, and for all commercial and industrial districts subject to the following limitations:
a. 
Such signs shall be limited to one (1) sign per street front.
b. 
Such signs may be displayed for not more than thirty (30) consecutive days in any three (3) month period, and not more than sixty (60) days in any calendar year. The signs shall be erected no more than five (5) days prior to the event or grand opening, and shall be removed not more than one (1) day after the event or grand opening.
c. 
The total area of all such signs shall not exceed thirty-two (32) square feet in any single- family residential district, thirty-two (32) square feet in any multiple-family residential district and one hundred (100) square feet in any commercial or industrial district.
4. 
Special event signs in public ways. Signs advertising a special event shall be prohibited in or over public rights-of-way.
5. 
Portable signs. Portable signs are prohibited in all zoning districts.
6. 
Political signs. Political signs shall be permitted in all zoning districts, subject to the following limitations:
a. 
Such signs shall not exceed a height of four (4) feet or an area of six (6) square feet in residential zones. In non-residential zones signs shall not exceed a height of ten (10) feet and thirty-two (32) square feet.
b. 
Such signs for election candidates or ballot propositions shall be displayed only for a period of sixty (60) days preceding the election and shall be removed within ten (10) days after the election, provided that signs promoting successful candidates or ballot propositions in a primary election may remain displayed until not more than ten (10) days after the general election.
c. 
Such signs shall not be placed in any public right-of-way or obstruct traffic visibility.
C. 
Requirements For Specific Sign Types. Signs of specific type shall be in accordance with Subsection (C)(17) of this Section.
1. 
Canopy and marquee signs.
a. 
The permanently affixed copy area of canopy or marquee signs shall not exceed an area equal to twenty-five percent (25%) of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied.
b. 
Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.
2. 
Awning signs.
a. 
The copy area of awning signs shall not exceed an area equal to twenty-five percent (25%) of the background area of the awning or awning surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.
b. 
Neither the background color of an awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances shall be included in the computation of sign copy area.
3. 
Projecting signs.
a. 
Projecting signs shall be permitted in lieu of freestanding signage on any street frontage limited to one (1) sign per occupancy along any street frontage with public entrance to such an occupancy, and shall be limited in height and area to twenty-four (24) square feet per each one hundred (100) lineal feet of building frontage, except that no such sign shall exceed an area of thirty-two (32) square feet.
b. 
No such sign shall extend vertically above the highest point of the building facade upon which it is mounted by more than ten percent (10%) of the height of the building facade.
c. 
Such signs shall not extend over a public sidewalk in excess of ten percent (10%) of the width of the sidewalk. Such signs shall maintain a clear vertical distance above any public sidewalk a minimum of eight (8) feet.
4. 
Under canopy signs.
a. 
Under canopy signs shall be limited to no more than one (1) such sign per public entrance to any occupancy, and shall be limited to an area not to exceed six (6) square feet.
b. 
Such signs shall maintain a clear vertical distance above any sidewalk or pedestrian way a minimum of eight (8) feet.
5. 
Roof signs.
a. 
Roof signs shall be permitted in commercial and industrial districts only.
b. 
Such signs shall be limited to a height above the roof line of the elevation parallel to the sign face of no more than ten percent (10%) of the height of the roof line in commercial districts, and ten percent (10%) of the height of the roof line in industrial districts.
c. 
The sign area for roof signs shall be assessed against the aggregate permitted area for wall signs on the elevation of the building most closely parallel to the face of the sign.
6. 
Window signs. Window signs shall be permitted for any non-residential use in a residential district, and for all commercial and industrial districts, subject to the following limitations:
a. 
The aggregate area of all such signs shall not exceed twenty-five percent (25%) of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one (1) continuous window area.
b. 
Window signs shall not be assessed against the sign area permitted for other sign types.
7. 
Menu boards. Menu boards signs shall not be permitted to exceed thirty-two (32) square feet (4.6 m2).
8. 
Illuminated signs. Illuminated signs shall not create glare or unduly illuminate the surrounding area.
a. 
Lighting fixtures illuminating signs shall be carefully located, aimed, and shielded so that light is directed only onto the sign facade.
b. 
Light fixtures illuminating signs shall be of a type such that the light source (bulb) is not directly visible from adjacent streets, roads, or properties.
c. 
Fixtures Used to illuminate externally illuminated sign shall be top mounted and directed downward (i.e., below the horizontal).
d. 
Light trespass from a property shall be designed not to exceed five-tenths (0.5) foot-candles at the property line.
[Ord. No. 2023-15, 2-27-2023]
A. 
Billboards may only be located in areas zoned "C-3," "I-1," "I-2," or "F-1" and only when located within six hundred (600) feet of the nearest edge of the right-of-way and their advertisements are directed to the following streets or highways:
1. 
U.S. Highways 65 and 36, Missouri Highways 190 and Route V.
B. 
Billboards may not be erected within five hundred (500) feet of land zoned for residential or public uses, except by conditional use permits granted by the City Council after a public hearing and upon a finding that the billboard will not:
1. 
Pose a risk of harm to any person.
2. 
Cause a material decrease in value of any property within five hundred (500) feet of the proposed site for the billboard.
3. 
Impair or impeded traffic flow or the visibility of drivers of any traffic sign, intersection, or traffic hazard.
C. 
Billboards may not be erected within thirty (30) feet of any adjacent street pavement edge or curb line.
D. 
Billboards with back-to-back signs, either parallel or forming a "V" when viewed from above and with an interior angle of sixty degrees (60°), shall be considered as a single billboard and each sign face may have the maximum square footage allowed for a single billboard.
E. 
Billboards must be constructed of steel frame with a concrete base with no more than two (2) steel vertical supports. The maximum height of a billboard shall be the maximum height for a building or structure for the zoning district within which the billboard is located.
F. 
Billboards will be subject to size requirements for freestanding signs set out in Tables 1008.1.2(1), 1008.1.2(2), and 1008.1.2(3).[1]
[1]
Editor's Note: Tables 1008.1.2(1), 1008.1.2(2), and 1008.1.2(3) are included as Attachment 3 of this Chapter.
G. 
Existing billboards that require more than fifty percent (50%) repair or replacement shall meet the requirements of this Section.
H. 
Digital Billboards.
1. 
Purpose And Intent. More businesses desire to utilize advancements in technology which permit signs to change copy electronically (e.g., utilizing LED or other light emitting signage). These newer technologies pose additional risks of impacting adjacent areas and adversely dominating the environment in which they operate unless regulated in a reasonable fashion. The intent of this Subsection is to establish operating standards and regulations for such signs (called "digital billboards" or "digital signs") in order to minimize the secondary effects that often accompany the unregulated display of digital signs, preserve the character and repose of adjacent areas (with a principal focus on residential neighborhoods), protect property values, and reduce traffic hazards caused by undue distractions.
2. 
Displays.
a. 
A digital billboard may not allow the display or message to change more frequently than once every ten (10) seconds with a transition period of one (1) second or less.
b. 
A digital billboard must have installed an ambient light monitor which shall continuously monitors and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this Subsection.
c. 
The maximum brightness levels for digital billboard shall not exceed two-tenths (0.2) foot-candles over ambient light levels measured within one hundred fifty (150) feet of the source consistent with the terms of this Subsection. Certification must be provided to the City demonstrating that the sign has to be preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required by the City in its reasonable discretion at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.
d. 
Brightness of digital billboards shall be measured as follows:
(1) 
At least thirty (30) minutes following sunset, a foot-candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the preset location.
(2) 
The sign shall then be turned on to full white copy to take another reading with the meter at the same location.
(3) 
If the difference between the readings is two-tenths (0.2) foot-candle or less, the brightness is properly adjusted. If the difference exceeds the level required, then it must be turned off until repaired.
(4) 
A digital billboard must comply with all applicable provisions of Federal and State law.
e. 
Digital signs shall contain a default sign design that will freeze the sign in one (1) position if a malfunction occurs to avoid flashing.
f. 
No animation, moving, or rotating of text or images are permitted, except that, within the maximum two (2) second transition period, transition graphics are permitted if those transition graphics do not display continuous scrolling, fluttering, blinking, or flashing text or images. At no point in time shall continuous scrolling, fluttering, blinking, or flashing text or images be permitted. In addition, no video, audio, pyrotechnic, or blue casting shall be permitted. "Blue casting" refers to any digital media transmitter device provisioned over Bluetooth used to send an unsolicited electronic message directly to any cell phone within range if switched on. Digital signs shall not display any message that moves, appears to move, scrolls, or changes in light intensity during the fixed display period.
3. 
Spacing.
a. 
Digital billboards may not be erected within five hundred (500) feet of any residential zone without a conditional use permit granted by the City Council after a public hearing, or within one hundred (100) feet of any free-standing sign on the same side of the road. Existing billboards may be converted to digital LED regardless of proximity to a residential zone.
b. 
No digital billboard may be located on top of, cantilevered over, or otherwise suspended above any building or structure.
c. 
'Smart' billboards shall not be permitted that utilize technology or advanced features beyond digital LED signs employing the use of still images without a conditional use permit approved by the City Council (e.g., mobile, marketing via text message or SMS messaging, moving video displays, use of sound effects, cameras, radar, infrared, etc.).
I. 
Landscaping, fencing.
1. 
Before a permit is issued, the applicant shall receive approval for a plan for landscaping, lighting and fencing around the proposed billboard to ensure that any structure, lighting or fencing on the premises where the billboard is located will be aesthetically compatible with its surroundings and the aesthetic standard of the community and neighboring property, insofar as may be practicable, as well as safe and secure from trespassers or vandals. Such plans shall be reviewed and approved by the Zoning Official.
2. 
In determining whether the landscaping plan is reasonably suitable, the Zoning Official shall take into consideration the nature of the location, the impact on surrounding properties, the safety and security of the proposed billboard and the relative cost of the landscaping, lighting and fencing to the applicant in relationship to the overall impact upon the property values in the immediate area which would be caused by a lack of such landscaping, lighting or fencing for the proposed billboard.
J. 
Application.
1. 
The provisions of this Article shall apply to the erection, alteration, reconstruction, construction, and maintenance of all billboards within the City.
2. 
To the extent that any other provision of this Code shall be more restrictive than the previsions set forth in the Section, the more restrictive provision shall apply.
3. 
Severability is intended throughout and within the provisions of this Article. If any Section, Subsection, sentence, clause, phrase, or portion of this Article is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such judgment shall in no way affect or impair the validity of the remaining portions of this Article.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
Master Sign Plan Required. All landlord or single owner controlled multiple-occupancy development complex on parcels exceeding eight (8) acres (32,376 m2) in size, such as shopping centers or planned industrial parks, shall submit to the Code Official a master sign plan prior to issuance of new sign permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:
1. 
Proposed sign locations.
2. 
Materials.
3. 
Type of illumination.
4. 
Design of freestanding sign structures.
5. 
Size.
6. 
Quantity.
7. 
Uniform standards for non-business signage, including directional and informational signs.
B. 
Development Complex Sign. Each development complex shall have one (1) monument sign for the complex and each business in the complex may be listed. Each business shall have one (1) wall sign with a total area of ten percent (10%) or less of the storefront area.
C. 
Compliance With Master Sign Plan. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.
D. 
Amendments. Any amendments to a master sign plan must be signed and approved by the owner(s) within the development complex before such amendment will become effective.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
Permits Required. Unless specifically exempted, a permit must be obtained from the Code Official for the erection and maintenance of all signs erected or maintained within this jurisdiction and in accordance with other ordinances of this jurisdiction. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this Article.
B. 
Construction Documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Code Official showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the International Building Code. Freestanding signs over thirty (30) feet in maximum height shall be designed by a professional engineer. Plans shall be signed and sealed by a professional engineer licensed in Missouri. Signs shall be constructed of permanent all-weather material. All electrical work shall conform to the City electrical codes.
C. 
Changes To Signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration.
D. 
Permit Fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction. Permits will be required, but no fee will be charged for community, philanthropic, civic or public service events.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
An application may be made to the Zoning Administrator for a variance from the specific requirements of this Code. A variance may be granted by the Board of Adjustments, where the literal application of the Code would create a particular hardship for the sign user and the following criteria are met:
1. 
The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
2. 
Hardship caused the sign user under a literal interpretation of the Code is due to conditions unique to that property, does not apply generally to other properties in the City, and is not based solely upon economic hardship.
3. 
The granting of the variance would not be contrary to the general objectives of this Code.
[Ord. No. 2011-83 §1, 9-15-2011]
A. 
Any person who violates a provision of this Article shall be subject to civil penalty of up to five hundred dollars ($500.00) per day for each day that such violation continues. Each day that a violation continues shall constitute a separate offense under this Article. The Zoning Officer, or designee, or a Police Officer of the City shall be authorized to act to issue a municipal complaint ("municipal ticker").
B. 
The issuing official, in the exercise of his or her discretion, may issue a municipal ticket to:
1. 
The person that owns the property at which the violation occurred,
2. 
The person that operates the business or enterprise conducted on the property at which the violation occurred, or
3. 
The individual person that is responsible for the violation.
C. 
For the first (1st) violation of this Article by the alleged offender, the Zoning Officer or other designee or Police Officer may issue a written warning to the alleged violator.
D. 
Civil Penalties. Violations of this Article will result in these civil penalties in the following amounts for each violation:
1. 
First (1st) offense: $100.00.
2. 
Second (2nd) offense: $200.00.
3. 
Third (3rd) offense: $400.00.
4. 
Fourth (4th) offense and higher: $500.00.
E. 
When a municipal ticket is issued, the determination of whether the alleged offender has any prior offenses for proposes of Subsection (D) above shall be made without regard to the passage of time since the adjudication of the prior offense(s) under this Article.
F. 
For purposes of Subsection (D) above, any and all offenses adjudicate under this Article with respect to the alleged offender shall constitute prior offenses regardless of at which property(ies) in the City the prior offense(s) occurred.