[Ord. No. 08-46 §1, 11-18-2008]
A.
The
scope and purpose of this Chapter is to promote the effective use
of signs in the City of Carl Junction and a healthy business climate
while protecting the aesthetic environment of the City. To accomplish
this goal this Chapter is intended to:
1.
Promote the safety and welfare of the users of streets, roads and
highways in the town;
2.
Reduce the distractions and obstructions from signs which would adversely
affect traffic safety and to alleviate hazards caused by signs projecting
over or encroaching upon public ways;
3.
Ensure that signs provide orientation and adequately identify new
uses and activities;
5.
Promote the effectiveness of signs by preventing over-concentration,
improper placement and excessive size and number.
B.
Administration And Enforcement. This Chapter shall be administered
by City staff and shall be enforced by the Code Enforcement Officer
and Building Inspector in the following manner:
1.
The Code Enforcement Officer or Building Inspector, upon finding
that any provisions of this Chapter or any condition or a permit issued
under this Chapter is being violated, is authorized to institute legal
proceedings to enjoin violations of this Section.
2.
Fines and penalties for violations of this Code are set forth in
this Chapter.
[Ord. No. 08-46 §1, 11-18-2008]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A sandwich board sidewalk or curb sign that is constructed
of solid material on both faces and hinged at the top so as to form
an "A" frame.
Any action or motion, other than flashing lights, automatic
changeable copy or indexing, in an attempt to develop a pictorial
scene through the movement of lights or parts of a sign.
Any sign substantially and permanently attached to, applied
on, structurally connected to, painted on, engraved on, etched on
or supported by any part of a building.
Any structure entirely supported by the wall to which it
is attached and which has a frame covered by canvas, cloth or other
similar temporary material and which can be retracted or rolled or
in any other manner moved to the structure by which it is supported.
An envelope of material which, when filled with or is in
constant process of being filled with normal atmosphere (hereinafter
referred to as "cold air"), billows to a point of stretching the envelope
to its fullest extension and causing the envelope to provide moderate
retentions of the cold air forced into it. The envelope shall not
be filled with nor contain heated air, helium or any other gas capable
of enabling the envelope for flight of any height or duration. There
shall be no exception to this provision. Any such balloon shall be
securely anchored with cables or ropes in good condition. Such balloons
shall be kept away from overhead wires or lines.
A temporary paper, plastic or cloth device hung to attract
attention to a business or special event.
A non-accessory sign or sign structure upon which advertising
may be posted, painted or affixed, and which is designed for the rental
or lease of the sign space for advertising not related to the use
of the property upon which the sign is located.
The building code of the City, with the electrical code,
plumbing code, fire code and any related codes adopted by the City
Council and any regulations adopted in conformance therewith.
Any zoning district designed under the zoning ordinance of
the City for office, commercial or industrial use, such zones are
zoning districts "C-1", "C-2" and "M-1".
Any structure, other than an awning, attached to a building
or structure, or freestanding, and supported independently of that
building or structure. Porticos and porte-cocheres shall be considered
canopies for the purpose of this definition.
The Chief Building Official to the City or his/her designated
representative.
Relating to the sale of goods or services.
Any building used for commercial purposes and zoned "C-1",
"C-2" or "M-1".
The letters, figures, characters, representations, picture
or wording on a sign, including any identification, description, symbol,
trademark, object, design, logo, illustration or device, illuminated
or non-illuminated, which directs attention to a product, service,
place, activity, person, institution, business or solicitation, including
any permanently installed or situated merchandise; or any emblem or
painting designed to advertise, communicate, identify or convey information.
Any sign other than an attached sign, including any inoperable
vehicle or any trailer located for the primary purpose of advertising.
Any sign other than an attache design, including the location
of or direction to any premises or area.
Any sign erected on the premises of a multi-tenant shopping
center or strip center that identifies the name of the center and
tenants therein.
Attach, alter, build, construct, reconstruct, enlarge or
move.
A continuously intermittent light or sequential light, but
not including animation or lighting changes which change the copy
of a sign.
A sign which does not name or advertise a product, service
or business but only expresses a viewpoint, non-commercial message,
opinion or idea. This includes commemorative plaques, historic markers,
holiday decorations, political signs, political or fraternal flags
or emblems or protective signs which are commonly associated with
safeguarding the permitted uses of premises including, but not limited
to, "vicious dog", "no trespassing", "neighborhood watch" and "authorized
parking only".
A parcel of land under one (1) ownership, designated as a
separate and distinct tract identified by a tract or lot number or
symbol in a duly approved subdivision plat of record. "Maximum
effective area" means the area enclosed by the minimum imaginary
rectangle, or combination of contiguous rectangles, composed of vertical
and horizontal lines, which fully contains all extremities of the
sign.
Any area within a residential zoning district "R-1", "R-2",
"R-3", "R-4" as defined in the zoning ordinance of the City, including
areas therein where legal non-residential uses are present.
Relating to public service, religion, charity, ideas or similar
items.
Any sign other than an on-premises sign.
Any sign designating the name of the owner or occupant of
the premises upon which the sign is placed or identifying such premises;
or advertising goods manufactured or produced or services rendered
on; or listing the sale or lease of the premises upon which the entire
sign is located.
Any sign that is not a portable sign.
Any sign which displays the name of a candidate for a political
office or elected position or which encourages the vote for any public
issue or question that may be found on the ballot of the next regular
or special election.
A sign which is easily moved from one location to another,
including signs which are mounted on skids, trailers, wheels, legs
or stakes and which are not fixed permanently to the ground and which
are not attached, ideological or non-commercial signs, or a sign which
refers solely to the sale or lease of the premises.
Any tract of land, consisting of one (1) or more lots, under
single or multiple ownership, which operates as a functional unit.
When developed, premises shall also possess one (1) or more of the
following criteria:
An on-premises sign suspended from or supported by a building
or structure and project therefrom a distance exceeding one (1) foot
from the face of the building or structure to which it is attached.
A sight distance triangle as described in the Building Code
of the City.
Any device, flag, light, figure, picture, letter, word, message,
symbol, plaque or poster visible from outside the site on which it
is located and designed to inform or attract the attention of persons
not on that premises, excluding those lights and landscape features
which display no words or symbols, works of art which display no word
or additional symbols and temporary holiday decorations.
Any pole, post, strut, cable or other structural fixture
or framework necessary to hold or secure a sign, providing that the
fixture or framework is not imprinted with any picture, symbol or
work using characters in excess of one (1) inch in height and is not
internally or decoratively illuminated.
The highest altitude of the street vertically under any portion
of the sign or its supports.
The dividing line between the street and the abutting property.
This shall mean the property line between the street right-of-way
and the adjacent property.
Any sign, flag, banner, pennant or valance constructed of
cloth, canvas, light fabric, cardboard, wallboard or other light materials,
with or without frames, which is not permanently secured, intended
to promote or provide information concerning a sale, event or activity
which is occurring or shall occur on the property where the sign is
displayed. A portable sign shall not be deemed to be a temporary sign.
Any vehicle that is not duly registered and operable on public
streets, roads or highways.
[Ord. No. 08-46 §1, 11-18-2008]
A.
No
person, firm or corporation shall erect a sign or sign structure of
any kind without a permit issued by the City of Carl Junction, upon
payment of a permit fee of fifty dollars ($50.00) for any sign, plus
thirty-five dollars ($35.00) for each inspection required. Signs that
have been erected without a permit shall pay a fifty dollar ($50.00)
late fee upon application if no action has been taken after ten (10)
days' notice by the City.
1.
Application for a permit shall include the following:
a.
Name and address of the sign owner.
b.
The proposed location of the sign relative to lot lines, building(s)
on or adjacent to the lot, utilities and other features pertinent
to sign placement.
c.
A plan of the sign, including dimensions and position of the sign(s);
the sign legend or commercial message; sign location; dimensions;
construction specifications; electrical components and wiring; method
of attachment and design of structured members to which attachment
is to be made; and location of the foundation or post hole location
in relation to the property line and public right-of-way.
2.
A sign permit shall become null and void if the work for which the
permit was issued has not been substantially completed within six
(6) months from the date of the permit; provided however, that the
City may, upon a showing in writing by applicant of extenuating circumstances,
issue extensions covering a period not to exceed twelve (12) months
from the date of issue of the original permit.
3.
All signs shall comply with the appropriate detailed provisions of
the current Carl Junction Building Code relating to the design, structural
members and connections. Signs shall also comply with the applicable
provisions of the National Electrical Code as adopted by the City
and the National Electrical Safety Code as it pertains to signs. In
addition:
a.
Signs shall be anchored to prevent any lateral movement that would
cause wear on supporting members or connections.
b.
No combustible materials other than approved plastics shall be used
in the construction of electric signs.
c.
Signs attached to masonry, concrete or steel shall be safely and
securely fastened thereto by means of metal anchors, bolts or approved
expansion screws of sufficient size and anchorage to support safely
the loads applied.
d.
There shall be no visible angle iron supports, guy wires, braces
or secondary supports. All sign supports shall be an integral part
of the sign design.
e.
All electric signs shall conform in design and construction to the
appropriate sections of the current National Electrical Code as adopted
and other requirements as may be deemed necessary by the Building
Inspector.
f.
Electric discharge tubing (neon, argon, etc.) not terminated in an
exterior metal sign raceway shall be terminated in receptacles designed
and approved for the purpose.
4.
Building inspections required:
a.
Footing inspections on all detached signs, including situations where
square footage or panels are added to existing detached signs.
b.
Electric inspections on all illuminated signs prior to final placement.
c.
Final inspection which shall cover the sign location, structural
members and placement of the insignia.
[Ord. No. 08-46 §1, 11-18-2008]
A.
The
following on-site signs do not require permits or payment of the fee
but must meet the other requirements of this Section:
1.
Temporary decorations or displays located on private property celebrating
the occasion of traditionally accepted patriotic or religious holidays.
2.
Signs on a truck, bus, trailer or other vehicle while operated in
the normal course of business which is not primarily the display of
such signs.
3.
Window displays and temporary on-premises signs placed in the windows
of any commercial or industrial building.
4.
Scoreboard structures in athletic stadiums.
5.
Advertising placed within athletic stadiums.
6.
Signs permitted by a special use permit issued by the City Council
or any special signs or requirements as allowed by the Planning and
Zoning Commission in reviewing the plans for the construction of buildings
and improvements of grounds in a legally zoned planned district as
defined in the zoning ordinance of the City.
7.
Any sign erected or maintained by or for any agency or government
pursuant to and in discharge of any governmental function or required
to be erected as authorized by law, ordinance or governmental regulation.
8.
Temporary non-illuminated real estate signs, not more than twelve
(12) square feet in area, advertising the sale, lease or rental of
the premises on which the sign is located.
9.
Political signs not exceeding thirty-two (32) square feet in area,
provided such signs shall not be more than five (5) feet in height
and shall not be located closer than fifteen (15) feet to the back
curb or edge of street.
10.
Nameplate signs, not exceeding two (2) square feet in area, accessory
to a dwelling.
11.
Temporary, on-premises signs in conjunction with licensed miscellaneous
sales, not exceeding two (2) square feet and located on private property.
12.
Directional on-premises signs, not exceeding three (3) square feet,
located within the property lines of the premises and not exceeding
thirty-six (36) inches in height above the adjacent street grade.
13.
Identification and nameplate signs, not exceeding three (3) square
feet, that are painted on or attached to the windows, doors or walls
of a building.
[Ord. No. 08-46 §1, 11-18-2008]
A.
The
following general restrictions shall apply to all signs within the
corporate limits of the City of Carl Junction.
1.
No sign shall be attached to any tree, public utility pole or structure,
street light, fence, fire hydrant, bridge curb, sidewalk, park bench
or other location on public property or be painted upon or otherwise
directly affixed to any rock, ledge or other natural feature without
an approved permit from the City.
2.
No sign shall be erected:
a.
At any location where, by reason of position, shape, wording or color,
it interferes with or obstructs the view of pedestrian or vehicular
traffic;
b.
Which may be confused with any authorized traffic sign, signal or
device;
c.
Which is closer than twenty (20) feet to a side lot line except in
the case of a wall sign or corner lot where a setback may be reduced
to ten (10) feet from public ways;
d.
Which is located within fifty (50) feet of any other detached sign
on the same parcel or development site; or
e.
Which projects from a building over a public way with the bottom
of the sign less than ten (10) feet vertically above the ground. In
no case shall the sign project over a public way which is intended
for vehicular traffic.
3.
Signs, the sign structure and incorporated landscaping shall be maintained in a safe and secure condition. If the Code Enforcement Officer is of the opinion that a sign is not secure, safe or in good state of repair, written notice of this fact shall be given to the person responsible for the maintenance of the sign. If the defect in the sign, sign structure or incorporated landscaping is not corrected within thirty (30) days after written notice by the Code Enforcement Officer, the officer may revoke the sign permit, thus placing the sign in violation of this Chapter and subject to action under Section 412.100 of this Chapter.
4.
No sign shall:
a.
Consist of pennants, ribbons, streamers, sheets, spinners or other
moving devices, any picture projection or have visible moving parts
or any portion of which moves or gives the illusion of motion;
b.
Consist of strings of lights or have blinking, flashing or fluttering
lights or other illuminating devices which have a changing light intensity,
brightness or color;
c.
Consist of any auditory or sound-producing device;
d.
Consist of an inflated object, fixed balloon or floating device;
e.
Emit smoke, vapor, particles or odors;
f.
Be illuminated by other than steady light;
g.
Be painted, placed or constructed directly on, or project from, a
roof;
h.
Be placed on or otherwise attached to unlicensed vehicles primarily
or consistently parked for display as advertising signs;
i.
Be movable or portable, unless as a temporary sign, or as permitted in Section 412.060 of this Chapter;
j.
Be placed so as to prevent or inhibit free ingress to or egress from
any door, window or any exit way required by the Building Code;
k.
Be for the purpose of promoting or directing attention to any activity, business, commercial purpose, commodity, service, entertainment or product not related to the other commercial uses existing on the premises upon which the sign is located, unless permitted as an off-site sign under Section 412.070.
5.
Any change in lettering, size, construction or location of any sign
shall constitute a new sign except for the variable portions of non-temporary
signs for restaurants, churches, fuel prices, theaters and similar
business marquee signs.
6.
No person shall place or maintain upon or in view of any public way
and light so that its beams or rays are directed at any portion of
a public street or highway when the light is of such brilliance and
so positioned as to blind or otherwise impair the vision of the driver
of any motor vehicle upon said street or highway.
[Ord. No. 08-46 §1, 11-18-2008]
A.
Sign Size.
1.
In all residential zoning districts, no sign shall exceed twelve
(12) square feet in area.
2.
In "C-1" zoning districts, no sign shall exceed thirty-two (32) square
feet in area.
3.
In "C-2" zoning districts, no sign shall exceed ninety-six (96) square
feet in area.
4.
In all zoning districts where the speed limit is fifty-five (55)
miles per hour or greater and the sign will face a highway, no sign
shall exceed six hundred (600) square feet.
B.
Allowable Number Of Permanent Signs.
1.
The number of freestanding, projecting or ground-level permanent signs for a building which houses one (1) business and relates to title, goods or services shall not exceed two (2) signs. One (1) sign must conform to Section 412.050 of this Chapter, and the other shall not exceed twelve (12) square feet or be placed over the height of twelve (12) feet and shall be separated by a minimum of twenty-five (25) feet. The developer, at his option, may average the sign size and height to create two (2) equal signs if the property is a corner lot, and neither sign is to be placed within fifty (50) feet of the intersection.
2.
Permanent signs for a building housing two (2) or more businesses
or services shall erect a kiosk advertising the entire activity under
one (1) name. A kiosk may be erected at each major entrance separated
by a minimum of two hundred (200) feet and shall only count as one
(1) sign. The total effective area of all wall signs allowed for a
business shall be calculated based upon the lineal footage of each
wall having a frontage on a street. If the business has a frontage
on any street, the effective area shall not exceed three (3) square
feet per lineal foot on the wall length.
3.
A painted building sign of any size may be allowed in any commercial
and industrial area, upon review by the Planning and Zoning Commission,
when the sign is in character with the historical nature of the district.
4.
Any sign which was lawfully in existence prior to the effective date of this Section of the Chapter, provided however, any change in lettering, size, construction, location or lighting of said sign shall constitute a new sign and such change shall be governed by the terms of Section 412.090. Non-conforming signs may receive normal maintenance and repairs.
[Ord. No. 08-46 §1, 11-18-2008]
A.
The
following signs do not require a permit from the City of Carl Junction
but must conform to the following sizes and standards:
1.
Home occupation sign. One (1) sign, not illuminated
and not exceeding one (1) square foot, to indicate name and address.
2.
Traffic flow informational signs. Each sign not
exceeding two (2) square feet in area describing functions or areas
so as to assist visitors to enter, park, exit or to list activities
or services at the site. Top of signs to be not more than seven (7)
feet above the ground elevation and no more than two (2) signs for
each business shall be allowed.
3.
New construction sign. A contractor, engineer, architect
or similar professional or business may erect one (1) sign, not illuminated,
at the site of the activity during the period of work.
4.
Political signs. Any person may place a sign, not
illuminated, that advertises a candidate or an issue that is to be
voted on in a local, County, State or Federal election process upon
private property with the consent of the owner.
5.
Real estate signs. For sale and open house signs,
not illuminated, may be placed by any homeowner or realty company
in the process of a real estate sale or rental.
a.
Such signs must conform to all other requirements of this Chapter.
6.
Special event signs. Special event signs intended
to support, promote, identify or advertise a special event as authorized
by the Carl Junction City Code are permitted in all zoning districts
in accordance with the following:
a.
Such signs are located entirely upon the private property authorized
by the property owner;
b.
Such signs shall not occupy any portion of a public right-of-way,
nor be placed in a location prohibited in this Chapter, except by
written permission of the City Traffic Engineer.
c.
Such signs are not displayed more than thirty (30) days prior to,
and ten (10) days past, the dates of the special event as specified
by the City of Carl Junction.
7.
Subdivision signs.
a.
One (1) freestanding sign or ground sign, not internally illuminated,
at each public entrance to a completed subdivision. The sign is not
to exceed thirty-two (32) square feet in area.
b.
One (1) freestanding sign or ground sign, not illuminated, at each
public entrance to a subdivision under construction which may show
the proposed lots, price for lots and other pertinent information
for sale purposes. The sign shall not exceed sixty-four (64) square
feet in area and shall be removed immediately upon the sale of the
subdivision lots.
[Ord. No. 08-46 §1, 11-18-2008]
A.
The
erection, construction or maintenance or off-site signs shall be limited
to properties adjacent to either side of the right-of-way of roads
designated as part of the Missouri Department of Transportation system
or classified as a major thoroughfare by the City of Carl Junction
and shall be limited to the "C-2" and "M-1" zoning districts.
B.
Off-site
signs shall be erected or placed in conformity with the following:
C.
The
bottom coping of every off-site sign shall be at least ten (10) feet
above ground or street level and a minimum of eighteen (18) feet if
the sign is placed over an area of vehicular traffic.
D.
Off-site
signs erected adjacent to highways shall not be located closer to
another off-site sign than one thousand (1,000) feet apart. These
signs shall be restricted in an area five hundred (500) feet from
an exit or entrance ramp. All off-site signs must comply with State
and Federal regulations.
E.
Off-site
signs erected adjacent to roads other than highways shall not be located
closer than one thousand five hundred (1,500) feet to another off-site
sign on the same side of the road; nor shall such an off-site sign
be located within five hundred (500) feet, as measured in any direction,
of any other off-site sign.
F.
Off-site
signs shall not advertise tobacco, distilled spirits, beer, wine or
any other product that a minor can not legally use within one thousand
(1,000) feet of public or private schools, within five hundred (500)
feet of a place of worship, within five hundred (500) feet of a publicly
owned recreation center or a publicly owned park designed for use
by minors.
G.
No
off-site sign shall be attached to a wall, building or rooftop.
H.
No
off-site sign shall be stacked one above the other nor set beside
one another at the same location.
[Ord. No. 08-46 §1, 11-18-2008]
A.
Sign
structures which remain vacant in excess of ninety (90) days, unoccupied,
devoid of any message or display a message pertaining to a time, event
or purpose that no longer applies shall be deemed to be discontinued.
B.
A sign
whose use has been discontinued is prohibited and shall be removed
by the owner of the sign or owner of the premises.
C.
This
provision does not apply to seasonal activities during the regular
periods in which they are closed.
[Ord. No. 08-46 §1, 11-18-2008]
A.
If
at the time of the adoption of this Section of the Chapter or amendments
thereto, or of any extension resulting from annexation, or of any
amendment to the Carl Junction Code, any sign which is being used
in a manner or for a purpose which was otherwise lawful but does not
conform to the provisions of this Chapter shall be deemed non-conforming.
Such sign may continue only in the manner and to the extent that it
existed at the time of such adoption, amendment or extension.
B.
Any
sign that becomes non-conforming subsequent to the effective date
of this Chapter shall be subject to the provisions of this Chapter.
C.
Legal
non-conforming signs that are located on a parcel of property which
is severed from a larger parcel of property and acquired by a public
entity for public use by condemnation, purchase or dedication may
be relocated on the remaining parcel without extinguishing the legal
non-conforming status of that sign, provided that the non-conforming
sign:
1.
Is not increased in area or height;
2.
Remains structurally unchanged except for reasonable repairs or alterations;
3.
Is placed in the same relative position on the remaining property
that it occupied prior to the relocation;
4.
Is relocated in a manner so as to comply with all applicable safety
requirements; and
5.
After relocation pursuant to this Subsection, the legal non-conforming
sign shall be subject to all provisions of this Chapter in its new
location.
D.
Alteration Or Removal Of Non-Conforming Signs.
1.
A non-conforming sign structure shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this Chapter, except as provided in Section 412.090.
2.
Any construction permit which invokes certificate of occupancy requirements
shall specify and require that any non-conforming sign located within
the boundaries of the development site authorized by said permit shall
be brought into conformance with the provisions of this Chapter.
3.
Any non-conforming sign shall be removed or rebuilt in full conformity
to the terms of this Chapter if it is damaged or allowed to deteriorate
to such an extent that the cost of repair or restoration is fifty
percent (50%) or more of the cost of reconstruction of such sign.
E.
Signs For A Legal Non-Conforming Use.
1.
New or additional signs for a non-conforming land use shall be permitted
in accordance with permitted signage for the zoning district in which
the non-conforming use is located after the effective date of this
Chapter.
2.
A non-conforming sign for a non-conforming use which is discontinued
for a period exceeding ninety (90) days or is superseded by a conforming
use shall be considered a prohibited sign and shall be removed or
brought into conformance upon establishment of a conforming use.
F.
Sign
permits for new or additional signs shall not be issued for a specific
occupancy if such occupancy displays unlawful or non-conforming signs.
[Ord. No. 08-46 §1, 11-18-2008]
A.
The
Building Inspector or Code Enforcement Officer may remove or cause
to be removed any discontinued, dangerous, defective, illegal, prohibited
or non-conforming sign subject to removal under the provisions of
this Chapter, or any other sign maintained in violation of the provisions
of this Chapter.
B.
In
cases where the health, safety or welfare of the general public is
at risk, the Building Inspector or Code Enforcement Officer may institute
the immediate removal of a dangerous or defective sign without notice.
C.
The
Building Inspector or Code Enforcement Officer may cause the removal
of unauthorized signs from the public right-of-way. Such signs may
be impounded as evidence or disposed of as abandoned property unless
claimed by the owner within thirty (30) days. Such signs shall be
deemed a nuisance and subject to removal without notice.
D.
Any
sign removed by the Building Inspector or Code Enforcement Officer
pursuant with the provisions of this Chapter shall become the property
of the City and may be disposed of in any manner deemed appropriate
by the City. Cost of removal of the sign by the City shall be considered
a debt owed to the City by the owner of the sign and the owner of
the property and may be recovered in an appropriate court action by
the City or by assessment against the property as hereafter provided.
The cost of abatement or removal shall include any and all incidental
expenses incurred by the City in connection with the sign abatement
or removal.
[Ord. No. 08-46 §1, 11-18-2008]
A.
Variances
to the requirements of this Section may be granted by the Board of
Adjustment to insure conformity to the intent of this Section. A variance
may only be granted upon a finding by the Board of Adjustment that:
1.
There are special circumstances or conditions applying to the land,
building or use referred to in the application;
2.
That such special circumstances or conditions are pre-existing and
not created by the property owner or appellant;
3.
The authorizing of the variance is necessary for the preservation
and enjoyment of substantial property rights; and
4.
The authorizing of the variance will not be materially detrimental
to persons residing or working in the vicinity of the property, to
the neighborhood or the public welfare in general.
