[Ord. No. 3805 §1, 6-14-2012]
A.
Purpose.
1.
Signs constitute a separate and distinct use of the premises upon
which they are placed and also affect the use of adjacent roads, streets,
walkways and other properties. The provisions of this sign ordinance
are made to establish reasonable and objective regulations for all
signs in this municipality which are visible to the public, in order
to protect the general public health, safety, welfare, convenience
and aesthetics. The ordinance is also intended to serve the public's
need to be given helpful directions, and to be informed of available
products, businesses, and services.
2.
All signs within the City limits of Ste. Genevieve which are visible
to the public shall be subject to this Article.
B.
BUILDING ELEVATION
DIRECT ILLUMINATION
FACADE
GARAGE SALE
GROSS SURFACE AREA
ILLUMINATION
INTERNAL ILLUMINATION
MAXIMUM HEIGHT
PROTECTED AREA
ROOF
ROOF EAVES
ROOFLINE
ROOF RIDGE
SIGN
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Definitions. As used in this Article, the following terms
shall have these prescribed meanings:
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of a building.
A light source that is placed outside of or away from the
sign in a manner so as to illuminate the sign externally.
Front or principal face of a building; any side of a building
that faces a public way or space.
Any sale conducted where used or unwanted household items
are offered for sale, usually held in the garage, carport or driveway
of the seller's home. Also commonly referred to as "yard sales".
The entire area within a single continuous perimeter composed
of a single face enclosing the extreme limits of characters, lettering,
illustrations, ornamentation or other figures, together with any other
material, design or color forming an integral part of the display
including the frame.
Light directed at, attached to or otherwise related to a
sign, including exposed tubing or bulbs on the sign; maps or lights
shining onto its surface; or illumination transmitted through the
sign face.
A light source that is enclosed within the sign and viewed
through a translucent panel.
The maximum height of a sign shall be measured from the elevation
of the point nearest the sign on the centerline of the public street
or highway nearest the sign upward to the elevation of the highest
part of the sign or its supporting structure, whichever is higher.
In reference to electronic, digital signs, a residential
district, non-commercial parks, public open land, street intersections,
community parks, nature preserves, historic districts
The roof slab or deck with its supporting members, not including
vertical supports.
The projecting overhang at the lower edge of a roof.
The top edge of a roof or building parapet, whichever is
higher, but excluding any mansards, cupolas, pylons, chimneys or any
minor projections.
The upper and lower roof ridges are the horizontal lines
formed by the juncture of two (2) sloping planes formed by the surfaces
of a roof.
A name, identification, description, emblem, display or device
which is affixed to, printed on, or represented directly or indirectly
upon a building, structure, or parcel of land; which is illuminated
or non-illuminated; visible or intended to be visible from any public
place; and which directs or calls attention to a person, place, product,
institution, business, organization, activity or service. Signs shall
also include any permanently installed or situated merchandise, including
any banner, pennant, placard, statue, vehicle or temporary sign. Certain
categories of signs are defined as follows. Other categories of signs
are defined elsewhere in this Article.
ABANDONED SIGN: A sign located on a property
which is vacant and/or unoccupied for a period of six (6) months;
a sign which is damaged, in disrepair, or vandalized and not repaired
within ninety (90) days; a sign which contains an outdated message
for a period exceeding thirty (30) days.
A-FRAME: Portable sign where the two (2) sign
faces are attached at the top in a hinged fashion to allow the bottom
portion of the two (2) faces to spread apart and rest on the ground
to support the sign.
AMENITY IDENTIFICATION SIGN: A sign which
directs attention to a resort/community commodity, service, recreational
area, or other amenity.
AWNING SIGN: A sign with its copy on a shelter
made of any non-rigid material, such as fabric or flexible plastic
that is supported by or stretched over a frame and attached to an
exterior wall of a building or other structure.
BANNER SIGN: A temporary sign with its copy
on non-rigid material such as cloth, plastic, fabric or paper with
no supporting framework.
[Ord. No. 4351, 5-27-2021]
BILLBOARD: A sign with a single sign face
area of between three hundred (300) and seven hundred (700) square
feet located off site and designed to accommodate replaceable advertising
messages. (See also Outdoor Advertising Sign.)
CANOPY SIGN: A sign on a rigid multi-sided
structure attached to a building or on any other freestanding structure
that may have a roof with support but no walls.
CHANGEABLE SIGN: A sign that is designed so
that its characters, letters, illustrations or other content can be
changed, altered or rearranged without physically altering the permanent
physical face or surface of the sign. This includes manual, electrical,
electronic, or other variable message signs.
CONSTRUCTION SIGN: A temporary sign identifying
individuals or companies involved in design, construction, wrecking,
financing or development work when placed upon the premises where
that work is under way, but only for the duration of the work.
DIRECTIONAL/INFORMATIONAL SIGN: An on-premises
sign for the convenience of the public giving directions, instructions,
facility information or other assistance around a site, such as location
of exits, entrances, parking lots, amenities, and housing units, to
encourage proper circulation. It may contain the logo of an enterprise
but no other advertising copy.
DIRECTORY SIGN: A sign which displays the
names and/or addresses of the establishments, housing units, amenities,
or uses of a building or group of buildings.
FLASHING SIGN: Any sign which has intermittent
or changing lighting or illumination of duration less than thirty
(30) seconds shall be deemed a flashing sign.
FREESTANDING SIGN: The general term for any
sign which is permanently affixed to the ground and on a foundation.
It is supported on a foundation by one (1) or more upright poles or
braces, and is not attached to a building or any other structure.
HOME OCCUPATION SIGN: A small announcement
or professional sign, not over two (2) square feet in area, attached
to the home advertising a home occupation.
[Ord. No. 4465, 3-9-2023]
ILLEGAL SIGN: A sign which does not meet the
requirements of this Article or which is not a registered non-conforming
sign. This specifically includes a sign that remains standing when
the time limits set by the permit are exceeded and any sign not removed
after notification from the Planning and Zoning Administrator to remove
the sign.
ILLUMINATED SIGN: A sign illuminated in any
manner by an artificial light source, whether internally or externally
lit, including, but not limited to, neon signs and any sign which
has characters, letters, figures, designs or outlines illuminated
by artificial lighting.
INFLATABLE SIGN: A sign that is intended to
be expanded by air or other gas for its proper display or support.
INFORMATIONAL SIGN: Public or private directional,
street or traffic signs, address numbers, names of buildings, rooms,
etc., and other signs of a similar nature.
INSTRUCTIONAL SIGN: A sign which provides
direction or instruction to guide persons to facilities intended to
serve the public (e.g., restrooms, public telephones, public walkways,
parking areas, and commercial resort-community amenities, maps, housing
units, or transportation schedules).
INTERIOR SIGN: Any sign placed within a building,
including in a window. Interior signs are not regulated by this Chapter.
MARQUEE SIGN: Any sign attached to a covered
structure projecting from and supported by a building with independent
roof and drainage provisions and which is erected over a doorway or
doorways as protection against the weather.
MENU BOARD: A freestanding sign oriented to
the drive-through lane for a restaurant that advertises the menu items
available from the drive-through window, and which has not more than
twenty percent (20%) of the total area for such a sign utilized for
business identification and which is not regulated by this Chapter.
MONUMENT SIGN: A freestanding sign with a
base affixed to the ground, with no open space between the sign and
the ground. Such signs may be two-sided,
NON-CONFORMING SIGN: A sign that met all legal
requirements when constructed but is not in compliance with current
sign regulations.
OFF-PREMISES SIGN: Sign, graphics or a display
for commercial, industrial, institutional, service or entertainment
purposes, promoting products, or services conducted, sold or offered
somewhere other than upon the same premises where the sign is located,
and whose purpose is to sell or identify a product, service or activity.
In the context of this Section the word premises shall be interpreted
as being a separate tract or parcel of land that has been or may be
conveyed by deed or has otherwise been specified as a separate lot
on an approved land development plan.
ON-PREMISES SIGN: Sign, graphics or a display
for commercial, industrial, institutional, service or entertainment
purposes, promoting products, uses or services conducted, sold or
offered upon the same premises where the sign is located, and whose
purpose is to sell or identify a product, service or activity. In
the context of this Subsection the word premises shall be interpreted
as being a separate tract or parcel of land that has been or may be
conveyed by deed or has otherwise been specified as a separate lot
on an approved land development plan.
OUTDOOR ADVERTISING SIGN: A permanent sign
erected, maintained or used in the outdoor environment for the purpose
of the display of messages not appurtenant to the use of products
sold on, or the sale or lease of, the property on which it is displayed.
POLE SIGN: A freestanding sign with a base
supported from the ground by a pole or a similar support structure
of narrow width.
POLITICAL SIGN: A temporary sign larger than
four (4) square feet identifying, either singly or combined, a political
candidate, slate of candidates, issue, or party. These signs are used
or intended to be used for the display of any announcement, advertisement
or notice of any individual candidate or slate of candidates for any
public office or similar political purposes.
POLITICAL YARD SIGN: A temporary political
sign four (4) square feet or smaller.
PORTABLE SIGN: Sign, graphic or display for
commercial, industrial, institutional, service, entertainment or informational
purposes which can be readily moved from place to place and which
is not affixed to a building, to another permanent structure or to
the ground. Portable signs are considered to be temporary signs.
PROJECTING SIGN: A sign which is supported
by an exterior wall of a building or other structure and which is
constructed and displayed perpendicular to the face of the building
or other structure so that both sides of the sign are visible.
REAL ESTATE SIGN: A temporary sign which is
used to offer for sale, lease or rent the premises upon which the
sign is placed.
ROOF SIGN: A sign which is erected, constructed,
and maintained on or above the roof of a building.
SIGN AREA: The area of the sign face.
SIGN FACE: The surface upon, against or through
which the sign copy is displayed or illustrated, not including structural
supports or architectural features of a building or sign structure.
TEMPORARY SIGN: A sign constructed of non-permanent
materials, including, but not limited to, vinyl, cardboard, coroplast,
plastic, sheet metal or wood and placed either on the ground on a
pole(s) without a footing to support such pole(s), or to a building
with such materials as rope, string, tacks or screws and not enclosed
in some form of permanent cabinet or structure.
[Ord. No. 4351, 5-27-2021]
WALL SIGN: A sign painted on, or attached
to, a wall or window of a building or other structure and which is
mounted parallel to the surface so that only one (1) side is visible
to the public.
WARNING SIGN: A sign containing no advertising
material but which warns the public of the existence of danger.
WINDOW SIGN: Any sign printed, attached, glued
or otherwise affixed to the exterior or interior glass of a window.
C.
Applicability. A sign may be erected, placed, established,
painted, created or maintained in the jurisdiction only in conformance
with the standards, procedures, exemptions and other requirements
of this Article. These regulations apply to both commercial and non-commercial
messages.
D.
Administration. The Administrator of this sign ordinance
shall be the Planning and Zoning Administrator. The Planning and Zoning
Administrator shall have the responsibility and authority to administer
and enforce all provisions of this Article, other than those provisions
with powers specifically reserved to the Board of Aldermen and/or
the Board of Adjustment.
E.
General Provisions.
1.
Conformance of codes. Any sign hereafter erected
shall conform to the provisions of this Article and the provisions
of the current building code and of any other ordinances or regulations
within this City pertaining thereof.
2.
Signs in rights-of-way. No sign other than an official
traffic sign shall be placed within any public right-of-way, unless
specifically authorized by other ordinances or regulations of the
City. Signs placed in the right-of-way shall be subject to removal.
3.
Projections over public ways. Signs projecting over
public walkways shall have a minimum height of ten (10) feet from
grade level to the bottom of the sign and no more than thirty (30)
feet from grade level and shall not contain more than two hundred
(200) square feet in area.
4.
Traffic visibility. No sign or sign structure shall
be erected within thirty (30) feet of the intersection of any street
or 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.
5.
Computation of frontage. If a premise contains walls
facing more than one (1) property line or encompasses 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.
6.
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 Planning and Zoning Administrator, 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 Planning and
Zoning Administrator forthwith in the case of immediate danger, and
in any other 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 Planning
and Zoning Administrator 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.
7.
Obsolete sign copy. Any sign copy that no longer advertises or identifies a commercial 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 Planning and Zoning Administrator; and upon failure to comply with such notice, the Planning and Zoning Administrator 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 as described in Subsection (M)(1)(c).
8.
Abandoned sign. Any sign structure that has no message or no sign face for a continuous period of six (6) months or more, or for which has advertisement that no longer applies shall be considered an abandoned sign. The sign shall be removed within thirty (30) days after written notification from the Planning and Zoning Administrator; and upon failure to comply with such notice, the Planning and Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located as described in Subsection (M)(1)(c).
9.
Placement. No sign, permanent or temporary, may
block or impede pedestrians on a sidewalk. If any sign is found to
be in violation of any provision of this Section and the identity
of the individual placing the sign at that location cannot be determined,
the owner of the business or property that is advertised on the sign
shall be held prima facie responsible for such violation. Signs, including
supports, shall be set back from any right-of-way or access easement
at least ten (10) feet, with the exception of signs within the "C-2"
Central Business District. If a sign is located on a corner of an
intersection, it must be located a minimum of thirty (30) feet from
the right-of-way or street easement at the intersection and at least
ten (10) feet from any right- of-way or access easement, whichever
is greater.
10.
Non-conforming signs. Any permanent sign legally
existing at the time of the passage of this Article, but that does
not conform in 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 removed by its owner,
subject to the following limitations:
a.
Structural alterations are permissible only where such alterations
will not increase the degree of non-conformity of the signs.
b.
Any legally non-conforming sign shall be removed or rebuilt without
increasing the existing height or area if it is damaged, or 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 Planning and Zoning Administrator.
c.
Deteriorated signs whose replacement cost for repair exceeds fifty
percent (50%) will be considered to have lost its non-conforming status.
11.
Signs located within a designated historic district or designated
historic property. Any sign falling under the regulations of this Chapter and located within a designated historic district or on the property of a designated historic property is subject to Title IV, Chapter 410: Historic Preservation and requires a certificate of appropriateness issued by the Ste. Genevieve Historic Preservation and Landmarks Commission.
F.
Table Summary Of Permitted
Signs. The following Table establishes permitted signs within
the corporate limits of the City of Ste. Genevieve.
[Ord. No. 3978 §6, 6-11-2015; Ord.
No. 4351, 5-27-2021; Ord. No. 4465, 3-9-2023]
Sign Type
|
R-1, R-2, M-H
|
C-1, C-2, C-4
|
I-1, I-2
|
A
|
H-1, H-2 (2)
|
---|---|---|---|---|---|
Banner
|
✓
|
✓
|
✓
|
✓
|
✓
|
Freestanding
|
✓ (5)
|
✓
|
✓
|
✓
|
✓
|
On-premises
|
✓ (3)
|
✓
|
✓
|
✓
|
✓
|
Wall/building
|
✓
|
✓
|
✓
|
✓
| |
A-frame/menu board
|
✓
|
✓
|
✓
|
✓
| |
Amenity
|
✓
|
✓
|
✓
|
✓
|
✓
|
Awning/canopy
|
✓
|
✓
|
✓
|
✓
| |
Construction
|
✓
|
✓
|
✓
|
✓
|
✓
|
Informational/directional/tourism
|
✓ (4)
|
✓
|
✓
|
✓
|
✓
|
Directory
|
✓ (5)
|
✓
|
✓
|
✓
|
✓
|
Flashing/animated
|
✓ (5)(8)
|
✓ (5)(8)
| |||
Freestanding/monument
|
✓ (7)
|
✓
|
✓
|
✓
|
✓
|
Guest lodging (9)
|
✓ (R-2 only)
|
✓
|
✓
| ||
Home occupation
|
✓
|
✓
|
✓
|
✓
|
✓
|
Illuminated
|
✓
|
✓
|
✓
|
✓
|
✓
|
Inflatable
|
✓ (1)
|
✓ (1)
|
✓ (1)
|
✓ (1)
| |
Marquee
|
✓
|
✓
|
✓
|
✓
| |
Off-premises
|
✓
|
✓
|
✓
|
✓
| |
Pole sign
|
✓
|
✓
|
✓
|
✓
| |
Temporary
|
✓ (3)
|
✓
|
✓
|
✓
|
✓
|
Projecting
|
✓
|
✓
|
✓
|
✓
| |
Window
|
✓
|
✓
|
✓
|
✓
|
✓
|
LED/digital message (5)
|
✓ (8)
|
✓ (8)
| |||
Government
|
✓
|
✓
|
✓
|
✓
|
✓
|
(1)
|
Requires approval of the Board of Aldermen.
|
(2)
|
Any signage permitted per Section 405.205 is regulated by the Historic Preservation Ordinance for the City of Ste. Genevieve and the certificate of appropriateness process. This should not be construed as to allow signage where signage is not permitted.
|
(3)
|
Requires special use permit for a home occupation.
|
(4)
|
Signs placed by local, State or Federal Government authorities
only.
|
(5)
|
Requires special use permit from Planning and Zoning Commission/Board
of Aldermen.
|
(6)
|
Residential facilities only.
|
(7)
|
Subdivision entrances only.
|
(8)
|
Restricted to the 500, 600 and 700 blocks of Center Drive, 600
through 1000 blocks of Rozier Drive, Ste. Genevieve Drive. Highway
32, Highway 61, and Progress Parkway.
|
(9)
|
Guest lodging in "R-2" and "C-2" only. Signage advertising use
in "R-1" not permitted.
|
(1)
Requires approval of the Board of Aldermen.
(2)
Any signage permitted per Section 405.205, is regulated by the Historic Preservation Ordinance for the City of Ste. Genevieve and the certificate of appropriateness process. This should not be construed as to allow signage where signage is not permitted.
(3)
Requires special use permit for a home occupation.
(4)
Signs placed by local, State or Federal Government authorities only.
(5)
Requires special use permit from Planning and Zoning Commission/Board
of Aldermen.
(6)
Residential facilities only.
(7)
Subdivision entrances only.
(8)
Restricted to the 500, 600 and 700 blocks of Center Drive, 600 —
1000 blocks of Rozier Drive, Ste. Genevieve Drive, Highway 32, Highway
61, and Progress Parkway.
(9)
Guest lodging in "R-2" and "C-2" only. Signage advertising use
in "R-1" not permitted.
G.
Electronic Signs.
1.
Electronic (digital) signs are permitted in "C-1", "C-2", "I-1" and
"I-2" zoning districts that are located on the following roadways
only: the 500, 600 and 700 block of Center Drive, 600 — 1000
blocks of Rozier Drive, Ste. Genevieve Drive, Highway 32, Highway
61, and Progress Parkway.
2.
No more than one (1) electronic message center sign is allowed per
lot or development site or within one hundred (100) feet of another
electronic message center.
3.
Electronic message center signs must be designed to conform to the
current building code.
4.
The maximum height of an electronic message center component of a
freestanding sign is twelve (12) feet.
5.
Message center signs shall have a maximum brightness of ten thousand
(10,000) nits during the daytime and one thousand (1,000) nits at
night and be equipped with an automatic dimmer control and a photocell
and must automatically adjust the display intensity according to natural
ambient light conditions. The use of red LED is prohibited.
6.
All displays in electronic message centers must be static with a
minimum duration of eight (8) seconds. Transition time must be no
longer than one (1) second. Scrolling messages are prohibited.
7.
Messages displayed may flash only when the displayed message is replaced
by another message.
8.
An electronic message center located within two hundred fifty (250)
feet of a residential district, non-commercial park, public open land,
community park or nature preserve may not operate between the hours
of 10:00 P.M. and 6:00 A.M. on the following day.
9.
Electronic message center signs are prohibited within one hundred
(100) feet of a "protected area" if any part of the sign would be
visible from the protected area.
10.
Electronic message center signs must provide written certification
from the manufacturer that the light intensity is under the prescribed
limit.
11.
The electric supply for all electronic message center signs must
be located underground.
12.
All signs involving electrical devices or circuits shall display
a label certifying it as being approved by the Underwriters Laboratories,
Inc. or other recognized listing body.
13.
All electrical service to a sign shall comply with the electrical
code that is effective at the time of the permit issuance.
H.
Illumination.
1.
Illuminated signs within residential districts may be directly illuminated
by direct, white light that does not flash or move and will not result
in glare or spillover at the lot line. Signs in residential districts
may not be internally illuminated.
2.
Illumination on all signs must be shielded so that no glare or spillover
occurs at the lot line adjoining any residential district or residential
use within a non-residential district.
3.
Illumination on all signs must be shielded so that no glare or spillover
occurs into the public right-of-way.
4.
Flashing lights, rapidly changing or intermittent-type illumination,
rotating beams, beacons or illumination resembling an emergency light
are prohibited.
5.
The electric supply for all illuminated signs must be located underground.
6.
All signs involving internal lights or other electrical devices or
circuits shall display an Underwriters Laboratories, Inc. approval
label.
7.
All electrical service to a sign shall comply with the electrical
code that is effective at the time of the permit issuance.
I.
Exemptions.
1.
Sign permits shall not be required for the following:
a.
Informational signs. Up to two (2) signs indicating
address, number and/or name of occupants of the premises, that do
not exceed two (2) square feet in area per side, and do not include
any commercial advertising or other identification.
b.
Decals. Decals affixed to windows or door glass
panels, such as those indicating membership in a business group or
identifying credit cards accepted at the establishment.
c.
Flags, emblems and insignia of government agencies, religious, charitable,
public or non-profit organizations.
d.
Private drive signs. On-premises private drive
signs are limited to one (1) per driveway entrance, not exceeding
two (2) square feet in area, with language limited to the words "private
drive" and the addresses of any residences using the private driveway.
e.
Public signs. Signs erected by government agencies
or utilities, including traffic, utility, safety, railroad crossing
and identification signs for public facilities and any signs erected
by the City under direction of the Board of Aldermen and/or City Administrator.
f.
Security and warning signs. On-premises signs regulating
the use of the premises, such as "no trespassing", "no hunting" and
"no soliciting" signs that do not exceed one (1) sign two (2) square
feet in area in residential areas and one (1) sign five (5) square
feet in area in commercial and industrial zones. These limitations
shall not apply to the posting of conventional "no trespassing" signs
in accordance with State law.
g.
Temporary signs. Display of these signs shall be
limited to no more than eighteen (18) square feet in gross surface
area in residential zones and sixty-four (64) square feet in gross
surface area in all other zones and of no greater height than five
(5) feet above the ground as measured from the ground to the top of
the sign, unless temporarily attached to a building, but in no event
taller than the facade of the wall upon which the sign is attached.
These signs shall not be displayed in excess of sixty (60) consecutive
days nor any more than one hundred twenty (120) days total in a calendar
year.
[Ord. No. 4351, 5-27-2021]
i.
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.
j.
Vehicular signs. Advertising signs placed on the
surface of a vehicle or trailer when the following conditions are
met:
(1)
The primary purpose of such a vehicle or trailer is not the
display of signs.
(2)
The signs are magnetic, decals or painted upon the vehicle or
equipment.
(3)
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 functions of the
business to which such signs relate.
k.
Holiday decorations. Displays erected on a seasonal
basis in observance of religious, national, or State holidays, which
are not intended to be permanent in nature and that contain no advertising
material.
2.
Exemptions from the necessity of securing a permit 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.
J.
Prohibited Signs.
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.
No sign shall be attached to any utility pole, light standard, public
tree or any other public facility located within the public right-of-way
except as otherwise permitted by this Chapter.
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 emergency vehicle warnings from a distance.
4.
Vehicles and trailers used primarily as static displays, advertising
a product or service, nor utilized as storage, shelter or distribution.
5.
Inflatable signs, except those approved by the Board of Aldermen.
6.
No billboards shall be allowed within the City limits except as provided
in Sections 226.500 — 226.600, RSMo., 1994.
K.
Sign Plan Approval.
1.
Enforcement. It shall be the duty of the Planning
and Zoning Administrator to enforce the provisions of this Chapter
and to refuse to issue any building permit for any sign which would
violate any of the provisions hereof.
L.
Permits Required.
1.
Unless specifically exempted, a building permit must be obtained
from the Planning and Zoning Administrator for the erection and maintenance
of all signs erected or maintained within the City limits.
2.
No permit for the erection, alteration or enlargement of any sign
shall be issued by the Planning and Zoning Administrator unless:
3.
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. Engineered
calculations, signed and sealed by a design professional registered
with the State of Missouri, will be required for any sign requiring
a footing/foundation for its erection. Applications shall be submitted
on forms provided by the City, completed as required; at a minimum,
they shall have attached the following information, in either written
or graphic form:
a.
Plat of the property with the location of the sign on the premises
in relation to lot lines, buildings, sidewalks, streets, public rights-of-way
and street intersections within three hundred (300) feet of the proposed
sign.
b.
Type of sign (e.g. freestanding, pole, monument, wall, etc.) and
general description of structural design and construction materials.
c.
Drawings of the proposed sign containing specifications indicating
height, perimeter, area, dimensions, type of lettering proposed, means
of support, method of illumination and any other significant characteristics.
d.
Any other information requested by the Planning and Zoning Administrator
in order to carry out the purpose and intent of this Article.
e.
The required sign permit fee as established by resolution of the
Board of Aldermen.
f.
A copy of any other permits as may be required (e.g: certificate
of appropriateness, variance, floodplain development permit).
4.
Inspection for compliance. Every sign for which
a permit has been issued and every existing sign for which a permit
is required, including roof, ground, wall, marquee and poles signs,
shall be inspected by the Building Inspector.
5.
Discrepancies. Any discrepancies between any sign
as approved and the sign as constructed shall be identified in writing
by the Planning and Zoning Administrator or said designee and may
result in the halt of construction and correction of the discrepancy.
If the discrepancy is not corrected within twenty (20) days after
written notice, the sign may be ordered removed by the Planning and
Zoning Administrator.
6.
Complaints. The Planning and Zoning Administrator
shall investigate any complaints of violations of these regulations
and may revoke any permit if there is any violation of these regulations
or if there was any misrepresentation of any material fact in either
the sign permit application or the plans.
7.
Changes to signs. No sign shall be structurally
altered, enlarged or relocated except in conformity to the provisions
herein, nor until a proper permit, if required, 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.
8.
Permit fees. Permit fees to erect, alter or relocate
a sign shall be in accordance with the fee schedule adopted within
this City.
9.
Expiration of sign permit.
a.
If the sign authorized by any sign permit has not been erected or
completed within one hundred twenty (120) days from the date of issuance
of that permit, the sign permit shall be deemed expired.
b.
An expired sign permit may be renewed within thirty (30) days from
the expiration date for good cause shown and upon payment of a permit
extension fee as established by resolution of the Board of Aldermen.
M.
Abatement Of Violations. In case any sign is erected, constructed,
reconstructed, altered, moved, converted or maintained, or any sign
is used in violation of this Article, the proper local authorities
of the municipality, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, moving, conversion, maintenance
or use, to restrain, correct or abate such violation. Such regulations
shall be enforced by the Planning and Zoning Administrator who is
empowered to cause any sign or premises to be inspected and examined
and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of the regulations
enumerated herein.
1.
Removal of unlawful signs.
a.
The Planning and Zoning Administrator is authorized to remove unlawful
signs on street right-of-way and on property owned by the City.
b.
The Planning and Zoning Administrator is authorized to order the
owner of any private property to remove or bring into compliance any
unlawful sign on the owner's property within a reasonable time. The
order shall require the unlawful sign to be removed or brought into
compliance unless the owner submits an appeal request to the Board
of Adjustment within ten (10) days of receipt of such order. If the
Board finds that the sign is unlawful, it shall order the sign removed
or brought into compliance within a specified time.
c.
If a sign is not removed or brought into compliance as specified
in a non-appealed order of the Planning and Zoning Administrator or
as specified by the Board of Adjustment, the Planning and Zoning Administrator
may cause the sign to be removed. The Planning and Zoning Administrator
shall submit the actual cost of such removal to the owner of the property.
If the owner does not pay the cost within thirty (30) days of receipt,
the Planning and Zoning Administrator shall certify the cost to the
City Clerk who shall cause a special tax bill against the property
to be prepared and collected. The tax bill shall be due and payable
from the date of issuance and shall be a lien on the property from
the date of issuance until paid. Tax bills issued pursuant to this
Subsection shall bear interest from the date of issuance at the current
percentage rate per annum.
d.
The remedies provided in this Subsection are not exclusive but are
in addition to other remedies provided for in this Code.
N.
Violation And Penalty. Any person violating any of the provisions
of this Article shall be subject to a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) for
each day that such violation continues; but if the offense is willful,
on conviction thereof the punishment shall be a fine of not less than
one hundred dollars ($100.00) and not more than five hundred dollars
($500.00) for each day that such violation continues or imprisonment
for ten (10) days for each day such violation shall continue, or both
such fine and imprisonment at the discretion of the court
O.
Requests For Variance. Requests for variances from the sign regulations may be submitted in the form of a special use permit request and in accordance with the procedures set forth for applications to the Planning and Zoning Commission for special use permits in Chapter 405, Zoning Regulations.
P.
Right Of Appeal. Appeals to the Board of Adjustment pursuant to this Section shall be submitted in accordance with the procedure set forth for appeals to the Board of Adjustment in Chapter 405, Zoning Regulations.
1.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
by any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person or by any officer, department, board or bureau
of the municipality affected by any decision of the Administrative
Officer.
2.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Administrator certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him/her that
by reason of facts stated in the certificate a stay would, in his/her
opinion, cause immediate peril to life or property.