[Ord. No. 336 Art.
15, 12-14-1999]
A.
Height Regulations. Chimneys, church spires, belfries, monuments,
water towers, tanks, fire towers, storage towers or scenery lofts,
cooling towers, ornamental towers and spires, radio and television
towers, antennas or aerials, elevator bulkheads, conveyors, flagpoles
and grain elevators shall not be subject to the height limitations
of these regulations.
B.
Area. The open space requirements shall be regulated as
follows:
1.
Every part of a required yard shall be open to the sky, unobstructed
by a building, except for accessory buildings in a rear yard and except
for the ordinary projection of sills, belt courses, cornices and ornamental
features not to exceed twelve (12) inches.
2.
Open or lattice enclosed fire escapes, required by laws, projecting
into a yard not to exceed five (5) feet and the ordinary projection
of chimneys and pilasters shall be permitted by the Building Inspector
when placed so as not to obstruct light and ventilation.
3.
Terraces, uncovered porches and ornamental features which do not
extend more than five (5) feet above the floor level of the ground
or first (1st) story may project into a required yard, provided that
those projections shall be at least three (3) feet from the adjacent
side lot line.
4.
Where a lot or tract is used for educational, institutional, hotel,
commercial or industrial purposes, more than one (1) metal building
may be located upon the lot or tract, but only when such buildings
conform to all open space requirements around the lot for the district
in which the lot or tract is located.
C.
Front Yards. The front yards established in these regulations
shall be adjusted in the following cases:
1.
Where forty percent (40%) or more of the frontage on the same side
of a street between two (2) intersection streets is developed or may
be developed with buildings that have, with a variation of five (5)
feet or less, a front yard greater or lesser in depth than required
in these regulations. New buildings shall not be erected closer to
the street than the average front yard so established by the existing
buildings.
2.
Where forty percent (40%) or more of the frontage on one (1) side
of a street between two (2) intersecting streets is presently developed
or may hereafter by developed with buildings that do not have a front
yard as described above, then:
a.
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet on existing buildings on both sides, the minimum
front yard shall be a line drawn between the two (2) closest front
corners of the adjacent building on each side.
b.
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of an existing building on one (1) side only,
such building may be erected as close to the street as the existing
adjacent buildings.
3.
Corner or through lots having a frontage of two (2) streets shall
provide the required front yard on both streets.
4.
An enclosed balcony or unenclosed porch may project into a front
yard for a distance not exceeding ten (10) feet. An enclosed vestibule
containing not more than forty (40) square feet may project into a
front yard for a distance not to exceed four (4) feet.
D.
Side Yards. The side yard established in these regulations
shall be adjusted in the following cases:
1.
Commercial buildings used in part for dwelling purposes shall provide
side yards not less than five (5) feet in width, unless every dwelling
room opens directly upon a front yard, rear yard or court.
2.
For the purpose of the side yard regulations, a two-family dwelling
or a multiple-family dwelling shall be considered as one (1) building
occupying one (1) lot.
E.
Rear Yards. The rear yards established in these regulations
shall be observed.
F.
Lot Area Per Family. Where a lot of record at the time of
the effective date of the 1999 Zoning Ordinance has less area or width
than required in these regulations in the district in which it is
located, such lot may nonetheless be used for a one-family dwelling
or for any other non-dwelling use permitted in the district in which
it is located.
G.
Accessory Buildings. The following shall be applicable:
1.
Accessory buildings or structures may be built in a rear yard but
such accessory buildings shall not occupy more than thirty percent
(30%) of the required rear yard and shall not be nearer than five
(5) feet from the side or rear lot line.
2.
If a garage is located closer than ten (10) feet to the main building,
the garage shall be regarded as a part of the main building for the
purpose of determining the side and rear yards.
3.
No accessory building shall be used for dwelling purposes.
4.
Accessory building shall not exceed the size of the main building
in height or area.
[Ord. No. 336 Art.
16, 12-14-1999]
A.
Intent. All signs hereinafter defined shall be regulated
as to location, type, size and number in all zoning districts in Country
Club Village. In addition to the standards and regulations contained
herein, signs shall also be subject to building and other codes of
Country Club Village.
B.
Definitions. Words and terms used in these regulations are
defined as follows for the purposes of applying the regulations of
this order.
1.
ADVERTISING SIGN
BULLETIN BOARD SIGN
BUSINESS SIGN
CONSTRUCTION SIGN
IDENTIFICATION SIGN
MONUMENT SIGN
NAME PLATE SIGN
REAL ESTATE SIGN
WINDOW SIGN
Functional types.
A sign which directs the attention of the public to any goods,
merchandise, property, business, service, entertainment or amusement
conducted or produced which is bought or sold, furnished, offered
or dealt in elsewhere than the premises where such sign is located
or to which it is affixed (commonly referred to as a billboard).
A sign that indicates the name of an institution or organization
on whose premises it is located and which contains the name of the
institution or organization, the name or names of persons connected
with it and announcement of persons, events or activities occurring
at the institution. Such sign may also present a greeting or similar
message.
A sign which directs attention to a business or profession
conducted or to products, services or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
A temporary sign indicating the names of the architects,
engineers, contractors and similar artisans involved in the design
and construction of a structure, complex or project only during the
construction period and only on the premises on which the construction
is taking place.
A sign giving the name and address of a building, business,
development or establishment. Such signs may be wholly or partly devoted
to a readily-recognized symbol.
A permanent detached sign of generally horizontal shape,
constructed of stone, masonry materials, concrete, metal, sandblasted
or routed wood planks or beams or plastic and which is mounted on
a base or columns of similar material.
A sign giving the name or address of the owner or occupant
or a building or premises on which it is located and, where applicable,
a professional status.
A sign pertaining to the sale or lease of all or a part of
a lot or tract of land on which the sign is located or to the sale
or lease of all or a part of one (1) or more structures on which the
sign is located.
Any sign placed inside or upon a window facing the outside
and which is intended to be seen from the exterior.
2.
AWNING, CANOPY OR MARQUEE SIGN
GROUND SIGN
POLE SIGN
PROJECTING SIGN
ROOF SIGN
WALL SIGN
Structural types.
A sign that is mounted on, painted on or attached to an awning,
canopy or marquee. No such signs shall project above, below or beyond
the awning, canopy or marquee.
Any sign placed upon or supported by the ground, independent
of the principal building or structure on the property, where the
bottom edge of the sign is less than six (6) feet above the ground.
Any sign placed upon or supported by the ground, independent
of the principal building or structure on the property, where the
bottom edge of the sign is six (6) feet or more above ground level.
A sign that is wholly or partly dependent upon a building
for support and which projects more than twelve (12) inches from such
building.
A sign primarily supported on the roof of a structure. Roof
signs shall not project more than twelve (12) inches beyond the face
of the building.
A sign fastened to or painted on a wall of a building or
structure in such a manner that the wall becomes merely the supporting
structure or forms the background surface and which does not project
more than twelve (12) inches from such building.
3.
BANNER SIGN
CHANGEABLE COPY SIGN
POLITICAL SIGN
REAL ESTATE SIGN
STREET BANNER SIGN
Temporary types. Any sign of a material such as
cardboard, paper, pressed wood, plastic or metal which is attached
to a fence, tree, utility pole, temporary structure or any sign which
is not securely fastened to a building.
Any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind. National flags, flags of
political subdivisions and symbolic flags of any institution or businesses
shall not be considered banners for the purpose of this Section.
Any sign that is designed so that characters, letters or
illustration can be changed or rearranged without altering the face
of the surface of the sign. This shall also include the changing of
copy on billboards.
Any sign which conveys a political candidate's name or a
political cause subject to a primary or general election. Said signs
are not allowed on public property or public rights-of-way. Each sign
shall not exceed five (5) square feet; in residential districts political
signs must be located not less than ten (10) feet from the property
line.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
Any banner sign which is stretched across and hung over a
public right-of-way. The minimum ground clearance shall be at least
fifteen (15) feet.
[Ord. No. 336 Art.
16, 12-14-1999]
A.
Gross Area Of The Sign. Gross area shall include the entire
area within a single continuous perimeter enclosing the extreme limits
of the sign, exclusive of the base on which it is mounted or from
which it is suspended. If more than one (1) side of a sign is used
as a sign, then the area of both sides shall be computed and shall
count as a portion of the gross area. On lots where more than one
(1) sign is located, the total gross area of all the signs shall not
exceed the maximum gross area permitted in this regulation. For computing
the gross area of any wall sign which consists of letters mounted
or painted on a wall, the area shall be deemed to be the area of the
smallest rectangular figure which can encompass all of the letters.
B.
Sign Height. Sign height shall be measured from the ground
elevation at the base of the sign to the highest point of the sign.
C.
Traffic Safety.
1.
No sign shall be maintained at any location where, by reason of its
position, size, shape or color, it may obstruct, impair, obscure,
interfere with the view of, or be confused with any traffic or railroad
control sign, signal or device or where it may interfere with, mislead
or confuse traffic.
2.
Any sign located within three (3) feet of a driveway or within a
parking area shall have its lowest elevation at least ten (10) feet
above the curb level; however, no sign shall be placed so as to project
over any public right-of-way.
3.
No sign shall be placed in the sight triangle as defined by these
regulations.
[Ord. No. 405.231 §§1 — 11, 11-8-2005]
A.
Statement Of Purpose; Statutory Authority.
1.
Purpose.
a.
To preserve and promote the public health, safety and welfare
of the citizens of the Village of Country Club;
b.
To maintain and enhance the visual environment, and to preserve
the right of citizens to enjoy the scenic beauty of the Village of
Country Club;
c.
To improve pedestrian and traffic safety;
d.
To minimize the possible adverse effect of billboards on nearby
public and private property.
2.
This Off-Premises Billboard Ordinance is adopted under the zoning
authority of the Village of Country Club in furtherance of the more
general purposes set forth in the Zoning Ordinance. This Section is
adopted and hereafter amended pursuant to Section 71.288, RSMo.
B.
ABANDONED BILLBOARD
ADMINISTRATOR
ARCHITECTURAL, SCENIC, OR HISTORIC AREA
BILLBOARD
BILLBOARD AREA
BILLBOARD PLAZA
CHANGEABLE COPY
COMMERCIAL BILLBOARD
DIRECTIONAL SIGN
EXPRESSWAY or FREEWAY
FLASHING ILLUMINATION
HEIGHT
ILLEGAL BILLBOARD
INDIRECT ILLUMINATION
INTERNAL ILLUMINATION
MOVEMENT
NON-CONFORMING BILLBOARD
POLITICAL BILLBOARD
PREMISES
SCENIC ROADSIDE
SPACING
STRUCTURE
VIEWSHED
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A billboard which has carried no message for more than one
hundred eighty (180) days or which no longer identifies a bona fide
business, lessor, service, owner, product, or activity, date or time
of past event, and/or for which no legal owner can be found. The definition
shall also include any billboard structure which no longer supports
the billboard for which it was designed.
The designated government official whose responsibility it
is to administer the provisions of this Section. These activities
may include, but are not limited to, reviewing applications for billboard
permits, corresponding and/or meeting with applicants, issuing and
denying billboard permits, inspecting billboards, and interpreting
and enforcing the provisions of this Section.
An area of special control that contains unique visual or
historic characteristics or whose natural beauty requires special
regulations to ensure that all billboards displayed within the area
are compatible with the area.
An off-premises object, device, display, sign, or structure,
or part thereof, displayed outdoors or visible from a public way,
which is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location, or to express a point of view, by any
means, including words, letters, figures, design, symbols, advertising
flags, fixtures, colors, illuminations or projected images. Each substantially
different face of a billboard structure shall constitute a separate
billboard. Billboards do not include on-premises commercial or political
signage nor small commercial or non-commercial signs temporarily placed
in residential lawns by residents, owners, contractors, realtors,
or by or on behalf of political candidates or issues.
The facing of a billboard, including copy, insignia, background,
structural supports, and border and trim. The measurement shall be
determined by the smallest rectangle inclusive of all letters and
images. The structural supports shall be excluded if they do not constitute
a major part of the billboard or if the structure is not used to identify
or attract attention to the business or product.
An area of special control which the Village of Country Club
Board of Trustees designates as appropriate for the display of billboards.
Copy that changes at intervals of more than once every six
(6) seconds.
A billboard which identifies goods or services that are not
sold on the premises where the billboard is located.
A sign erected and maintained by local officials within the
public right-of-way to indicate to the traveling public the route
and distance to public accommodations, facilities, commercial services
and points of scenic, historical, cultural, recreational, educational
or religious interest. Such signs shall conform to all applicable
State regulations regarding the placement of billboards in public
rights-of-way.
A highway to which access is restricted except by ramps or
interchanges.
A light source which, in whole or in part, physically changes
in light intensity or gives the appearance of such change at intervals
of less than six (6) seconds.
The vertical distance measured from grade at the edge of
the adjacent right-of-way to the highest point of the billboard.
A billboard that was constructed in violation of regulations
that existed at the time it was built.
A light source not seen directly.
A light source that is concealed or contained within the
billboard and becomes visible in darkness through a translucent surface.
Physical movement or revolution up or down, around, or sideways
that completes a cycle of change at intervals of less than six (6)
seconds.
A billboard which was lawfully erected and maintained on
the effective date, November 8, 2005, of this or Section, or any amendment
thereto, that does not conform to the regulations of the district
in which it is located.
A billboard that advertises a candidate or an issue which
is to be voted on in a local, State, or Federal election.
The contiguous land in the same ownership or control which
is not divided by a street.
Include those land areas within the municipal limits which
lie within the viewshed of either side of the outermost edge of any
of the roads, which are of uncommon visual importance or scenic attractiveness.
Spacing of billboards shall be the minimum distance between
outdoor advertising billboard structures measured along the nearest
edge of the pavement between points directly opposite the billboards
along each side of the highway and shall apply to outdoor advertising
billboard structures located on both sides of the highway involved.
Anything built that requires a permanent location.
An area visible from the road that provides vistas over water
or across expanses of land, such as farmland, woodlands, coastal wetlands,
mountaintops or ridgelines.
C.
Billboard Regulations: Permitted.
1.
New billboards.
a.
No new billboards shall be erected within the political boundaries of the Village of Country Club except in billboard plazas in designated areas of special control pursuant to Subsection (F).
b.
Such new billboards as may be permitted by this Section shall
conform to the height, size, lighting, and spacing requirement prescribed
by this Section, as modified by the designation of any area of special
control in which the billboard is located.
2.
Height. All billboards shall be no greater
than twenty-five (25) feet in height.
3.
Size. All billboards shall be no greater than one hundred fifty (150) square feet in area. Except for exempted billboards in Subsection (E) only one (1) billboard shall be permitted on each billboard structure.
4.
Lighting. In addition to the lighting restrictions
of Section 226.540(1), RSMo. (Supp. 1997), which shall apply to all
billboards in the Village of Country Club, no billboard shall be so
illuminated that it:
5.
Spacing. (All measurements shall be made parallel
to the roadway between perpendiculars extended from the billboard
locations in question.)
a.
Interstate highways and freeways on the Federal-aid
primary system.
b.
Non-freeway Federal-aid primary highways.
(1)
Within the limits of the Village of Country Club,
no billboard shall be erected within one thousand (1,000) feet of
an existing billboard on either side of the highway.
c.
Designated scenic roadsides. No billboards
shall be permitted in areas designated as scenic roadsides.
(1)
Minimum setbacks. All billboards
and billboard structures must be located at least twenty (20) feet
from any property line and placed so as not to pose a visibility or
other hazard to vehicular traffic in the vicinity of the sign.
D.
Billboard Regulations: Prohibited. The following
are expressly prohibited unless specifically stated otherwise in this
Section:
1.
Off-premises billboards, except in billboard plazas of designated
areas of special control.
2.
Animated and moving billboards: off-premises billboards employing
movement, including, but not limited to, changeable copy signs, pennants,
flags, banners, streamers, propellers, discs, and searchlights.
3.
Flashing billboards: off-premises billboards that include lights
which flash, blink, or turn on and off intermittently, not including
time and temperature signs.
4.
Glaring billboards: off-premises billboards employing direct,
indirect, internal, flashing, or other illumination with light sources
or reflectivity of such brightness that constitute a hazard to ground
or air traffic or a nuisance, as determined by the Administrator.
5.
Inflatable billboards and objects, including, but not limited
to, balloons.
6.
Roof billboards: off-premises billboards which are erected or
painted on a roof or which extend in height above the roofline of
the building on which the sign is erected.
7.
Simulated traffic signs and obstructions: any sign which may
be confused with or obstruct the view of any authorized traffic sign
or signal, obstruct the sight distance triangle at any street or highway
intersection, or extend into the public right-of-way.
E.
Billboard Regulations: Exempted Signs. The following signs do not require permits or fee payments under Subsection (I) but must meet the other requirements of the Section.
F.
Areas of Special Control.
2.
The Administrator shall maintain and shall continually revise
a Zoning Map of the Village of Country Club on which the Administrator
shall indicate the boundaries of all designated areas of special control.
3.
The Village of Country Club Board of Trustees shall adopt special
regulations for billboards in areas of special control which shall
be consistent with the character of the area of special control.
G.
General Design and Construction Standards. All billboards
shall be designated, constructed, and maintained in accordance with
the following standards:
1.
All billboards shall comply with applicable provisions of the
Uniform Building Code and the Electrical Code of the Village of Country
Club.
2.
All billboards regulated by this Section shall be constructed
of permanent materials and shall be permanently attached to the ground,
by direct attachment to a rigid wall, frame or structure.
3.
All billboards shall be maintained in good structural condition
in compliance with all building and electrical codes, and in conformance
with this Code, at all times.
H.
Non-Conforming Billboards.
1.
Continuance. Each non-conforming billboard
and billboard structure shall be allowed to be displayed for three
(3) years from the adoption of this Section, to provide a reasonable
opportunity for the owner to recover the full economic value of the
investment made in the billboard.
2.
Removal. Non-conforming billboards and billboard
structures shall be removed at the owner's or lessor's expense under
the following circumstances:
I.
Permits, Administration, and Enforcement.
1.
Enforcement Officer. All administration and
enforcement of this Section shall be primarily implemented by the
designated Code Enforcement Officer (the Administrator) in the Village
of Country Club and the Planning and Zoning Board. The Administrator
shall have the responsibility and full authority to administer and
enforce all provisions of this Section, other than those provisions
specifically reserved for the authority of the Village of Country
Club Board of Trustees or the Board of Zoning Appeals. However, other
staff in the Department will also be prepared to enforce this Section.
Anyone who wishes to report a billboard that may be in violation of
this Section should do so to the Administrator.
2.
Permit procedure. All billboards, except as otherwise provided in Subsection (E) of this Section, shall require a billboard permit prior to being constructed, reconstructed, moved, altered, placed, or repaired. Billboard permits shall be issued by the Administrator.
3.
Permit application. All applications for billboard
permits for the erection or relocation of a billboard shall be submitted
to the Administrator and shall contain or have attached at a minimum
the following information in either written or graphic form:
a.
Application date.
b.
Name, address, and telephone number of the billboard owner and,
if different, the owner of the land on which the billboard will be
erected.
c.
Address of the property where the billboard or billboard structure
will be erected.
d.
Signature(s) of the billboard owner and, if different, the owner
of the land on which the billboard will be displayed.
e.
Location of the billboard on the property in relation to public
rights-of-way, lot lines, buildings, sidewalks, streets, zoning districts,
other existing billboards, and intersections.
f.
General description of structural design and construction materials
of the billboard.
g.
Drawing(s) of the proposed billboard which shall contain specifications
indicating height, perimeter, and area dimensions, means of support,
methods of illumination if any, and any other significant aspect of
the proposed billboard.
h.
A boundary and sign survey showing the property and the proposed
sign.
i.
Certification(s) from licensed professional engineers that the
soil surface is capable of sustaining the proposed load and that the
electrical and structural strength of the proposed/actual sign is
satisfactory.
j.
Any other information requested by the Administrator in order
to carry out the purpose and intent of these regulations.
4.
Permit fees. Each application for a billboard
permit shall be accompanied by the applicable fees, which shall be
established by the governing body of the Village of Country Club from
time to time.
5.
Permit application completeness. Within five
(5) working days of receiving an application for a billboard permit,
the Administrator shall review it for completeness. If the Administrator
finds that it is complete, the application shall then be processed.
If the Administrator finds that it is incomplete, he or she shall,
within such five-day period, send to the applicant a notice of the
specific ways in which the application is deficient, with appropriate
references to the applicable Subsections of this Section.
6.
Permit issuance/denial action. All billboard
permits shall be dated and numbered in the order of their issuance.
Within ten (10) working days of the submission of a complete application
for a billboard permit, the Administrator shall either:
a.
Issue the billboard permit, if the billboard that is the subject
of the application conforms in every respect to the requirement of
this Section; or
b.
Deny the billboard permit if the billboard that is the subject
of the application fails in any way to conform to the requirements
of this Section. In case of a rejection, the Administrator shall specify
in the rejection the section or sections of the Section or applicable
plan with which the billboard is inconsistent.
7.
Inspection Upon Completion. Any person installing,
structurally altering, or relocating a billboard for which a permit
has been issued shall notify the Administrator upon completion of
the work. The Administrator shall then conduct an inspection within
seven (7) working days. If the construction is complete and in full
compliance with this Section and with the building and electrical
codes, the Administrator shall affix to the billboard a permanent
symbol identifying the billboard and the applicable permit by number
or other reference. If the construction is substantially complete
but not in full compliance with this Section and applicable codes,
the Administrator shall give the owner or applicant notice of the
deficiencies and shall allow an additional thirty (30) days from the
date of inspection for the deficiencies to be corrected. If the deficiencies
are not corrected by such date, the permit shall lapse. If the construction
is then complete, the Administrator shall affix to the billboard the
permanent symbol described above.
8.
Lapses of Billboard Permit. A billboard permit
shall lapse if the billboard is an abandoned billboard, or if the
permittee's business license lapses, is revoked, or is not renewed.
A billboard permit shall lapse if the use of the billboard is discontinued
for a period of one hundred eighty (180) days or more. A billboard
that was constructed or maintained in conformance with a permit under
this Section, but for which the permit has lapsed, shall be in violation
of the Section.
9.
Assignment of the billboard permit. A current
and valid billboard permit shall be freely assignable to a successor,
as owner of the property where the billboard is located or of the
leasehold of the billboard, subject to filing such application as
the Administrator may require and paying any applicable fee. The assignment
shall be accomplished by filing and shall not require approval.
10.
Violations. The Administrator, upon finding
that any provision of this Section or any condition of a permit issued
under this Section is being violated, is authorized to institute legal
proceedings to enjoin violations of this Section.
11.
Complaints and revocations. The Administrator
shall investigate any complaints of violations of this Section and
may revoke a permit if there is any violation of the provisions of
this Section or there was misrepresentation of any material facts
in either the application or plans.
12.
Appeal procedure. Any person applying for a
billboard permit who is denied a permit or disagrees with any ruling
by the Administrator may appeal to the Village of Country Club Board
of Trustees. The Board of Trustees may review or overturn the ruling,
but may not issue a billboard permit. The findings of the Board of
Trustees are then remitted back to the Administrator.
13.
Permits for existing billboards. For any billboard
in the Village of Country Club on the effective date of this Section,
an application for a billboard permit must be submitted to the Administrator
within one hundred eighty (180) days. For any billboard on property
annexed at a later date, applications for billboard permits shall
be submitted within six (6) months of the effective date of annexation
or within such period as may be established on an annexation agreement
between the Village of Country Club and the landowner. Applications
for permits for existing billboards submitted within one hundred eighty
(180) days of the effective date of this Section shall be exempt from
the initial fees adopted under authority of this Section, but not
from any subsequent fees.
14.
Business tax. All new and existing billboards
subject to this Section shall be taxed at a rate to be established
by the governing body of the Village of Country Club, not to exceed
two percent (2%) of the gross annual revenue produced by the billboard.
15.
Expiration of Billboard Permits. If an approved
billboard is not erected within a period of twelve (12) months from
the date the permit was originally issued, the permit shall expire
and become null and void.
16.
Fines. A person who violates the provisions
of this Section or the conditions of a permit shall be guilty of a
civil violation. Each day of the violation constitutes a separate
offense subject to a fine of one hundred dollars ($100.00). Such persons
shall also be liable for court costs and reasonable attorney fees
incurred by the Village of Country Club.
17.
Illegal billboards. The Administrator may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a non-conforming billboard governed by Subsection (H) not in compliance with the provisions of this Section.
18.
Immediate peril. If the Administrator shall
find any billboard which poses an immediate peril to persons or property,
the billboard shall be removed. If the Administrator cannot locate
the billboard owner or lessor for immediate removal of the billboard,
he shall remove or order the removal of the billboard at the expense
of the billboard owner or lessor.
J.
Severability. If any section, subsection, sentence,
clause, phrase or portion of this Section is held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions thereof.
K.
Protection Of First Amendment Rights. Any billboard,
display or device allowed under this Section may contain, in lieu
of any other copy, any otherwise lawful, non-commercial message, including
any political message, that does not direct attention to a business
operated for profit or to a commodity or service for sale, and that
complies with all other requirements of this Section.
[Ord. No. 336 Art.
16, 12-14-1999]
A.
The following signs shall be exempt from the requirements of this Article, except for the provisions of Section 405.230 above.
1.
Flags or emblems of a governmental, civic, philanthropic, educational
or religious organization displayed on private property.
2.
Signs of a duly constituted governmental body, including traffic
or similar regulatory signs, legal notices, warnings at railroad crossings
and other instructional or regulatory signs having to do with health,
safety, parking, swimming, dumping, etc.
3.
Memorial signs and tablets displayed on public or private property.
4.
Small signs, not exceeding three (3) square feet in area, displayed
on private property for the convenience of the public, including signs
to identify entrance and exit drives, parking areas, one-way drives,
restrooms, freight entrances and other similar signs.
5.
Scoreboards in athletic stadiums.
6.
Temporary signs for garage or porch sales at a residence for a period
not to exceed five (5) days. No posting of garage sale signs shall
be permitted on buildings, fences, poles or other property without
the consent of the owner.
7.
Name plate signs not exceeding two (2) square feet in gross area
accessory to a single-family or two-family dwelling.
8.
Bulletin board signs not exceeding one hundred (100) square feet
in gross area accessory to a church, school or public or non-profit
institution.
9.
Real estate signs not exceeding six (6) square feet in area.
10.
Construction signs not exceeding eight (8) square feet in area.
[Ord. No. 336 Art.
16, 12-14-1999]
A.
In Residential Zoning Districts.
3.
Number of signs permitted. Two (2) signs per zoning
lot.
4.
Maximum gross area.
a.
Business signs — home occupations: One (1) square foot in area.
b.
Bulletin board and identification signs: Fifty (50) square feet.
c.
Construction signs: Twenty (20) square feet.
d.
Name plate signs: Two (2) square feet.
e.
Real estate signs: Signs not exceeding six (6) square feet, provided
that one (1) sign not more than one hundred (100) square feet in area
announcing the sale of lots and/or houses in a subdivision may be
located on said development. Said sign shall be removed at the end
of three (3) years or when seventy-five percent (75%) of the lots
have been sold, whichever occurs sooner.
5.
Maximum height. Fifteen (15) feet.
6.
Required setback. No sign shall be placed closer
to the front property line than one-half (½) the distance of
the front yard.
7.
Illumination. Bulletin board signs may be indirectly
illuminated with incandescent or fluorescent lighting.
B.
In Commercial "B" Zoning Districts.
1.
Functional types permitted.
a.
Advertising signs, provided however, the sign is located within one
(1) foot of Interstate Thirty-Five (I-35) right-of-way or within one
(1) foot of United States Highway Thirty-Six (U.S. 36) right-of-way.
b.
Bulletin board signs.
c.
Business signs.
d.
Construction signs.
e.
Identification signs.
f.
Name plate signs.
g.
Real estate signs.
3.
Number of signs permitted.
4.
Maximum gross surface area. Four (4) square feet
for each lineal foot of street frontage, provided no single sign shall
exceed a gross surface area of three hundred (300) square feet.
5.
Maximum height. Forty (40) feet.
6.
Required setback. None, except that advertising
signs shall maintain the same setback that is required for principal
structures.
7.
Illumination. Illuminated signs shall be permitted.
C.
Planned Industrial District.
1.
Functional types permitted.
a.
Advertising signs, provided however, the sign is located within one
(1) foot of U.S. Highway Fifty-Nine (U.S. 59) or within one (1) foot
of U.S. Highway Seventy-One (U.S. 71) right-of-way.
b.
Bulletin board signs.
c.
Construction signs.
d.
Identification signs.
e.
Name plate signs.
f.
Real estate signs.
3.
Number of signs permitted. Two (2) per zoning lot.
4.
Maximum gross surface area. Four (4) square feet
per lineal foot of street frontage, provided no single sign exceeds
a gross surface area of seven hundred (700) square feet.
6.
Required setback. None, except that advertising
signs shall maintain the same setback as required for principal structures.
7.
Illumination. Illuminated signs shall be permitted.
D.
Billboard Signs.
1.
All billboard signs in the corporate limits of Country Club Village
shall be located within one (1) foot of U.S. Highway Fifty-Nine (U.S.
59) or within one (1) foot of U.S. Highway Seventy-One (U.S. 71) right-of-way.
2.
There shall be a spacing of five hundred (500) feet between each
billboard sign in commercial or industrial zones on U.S. 71 Highway.
There shall be a spacing of five hundred (500) feet between each billboard
sign in commercial or industrial zones on U.S. 59 Highway.
3.
Illumination. Illuminated signs shall be permitted,
but flashing signs shall be specifically prohibited.
4.
Permitting. It is declared unlawful for any person
to erect or maintain advertising signs, markings, guide boards or
signals on or over the right-of-way on any State highway within the
Village without first receiving written permission from the State
of Missouri Highways and Transportation Department.
E.
Business Fireworks District.
[Ord. No. 404 §2,
Exh. B — I, 5-8-2007]
3.
Number of signs permitted: three (3) per zoning
lot.
4.
Maximum gross surface area: six (6) square feet per linear foot of street frontage, provided that no single sign exceeds a gross surface area of seven hundred fifty (750) square feet allowable due to direct visibility from Interstate I-29; provided, however, that the three (3) existing wall signs of approximately one thousand two hundred (1,200) six hundred (600) and six hundred (600) square feet on the building with a street address of 18580 Highway 71, St. Joseph, Missouri 64505 are permitted and do not count against this calculation nor the number of signs in Subsection (E)(3) above.
5.
Maximum height.
a.
Roof signs: twenty (20) feet above the highest point of the structure on which the sign is located plus one (1) inflatable advertising character, which shall not count against the number of signs in Subsection (E)(3) above, and will not exceed thirty (30) feet above the roof.
b.
All other signs: fifty (50) feet.
6.
Required setback: none, except that advertising
signs shall maintain the same setback as required for principal structures.
7.
Illumination. Illuminated signs shall be permitted.
[Ord. No. 336 Art.
17, 12-14-1999]
A.
Applicability. Off-street parking and loading space, as
required in this Article, shall be provided for all new buildings
or additions thereto. Off-street parking and loading space shall be
required for any existing building or structure which is altered in
any manner so as to enlarge or increase capacity by adding or creating
dwelling units, guest rooms, floor area or seats. Minimum off-street
parking spaces in accordance with the following requirements shall
be set forth as follows:
1.
Residential/dwelling/lodging.
a.
Single- and two-family dwellings. Two (2) spaces
per dwelling unit.
b.
Multiple-family units. Two (2) spaces per dwelling
unit.
c.
Hotel, motel, boarding house. One (1) parking space
for each two (2) persons regularly employed on the premises and one
(1) parking space for each rental unit, plus one (1) parking space
for each two hundred (200) square feet of floor area for any commercial
uses contained within or operated in association with the hotel or
motel.
2.
Educational/institutional/recreational.
a.
Church or similar place of worship. One (1) parking
space for each four (4) seats in the main auditorium (each thirty
(30) inches of pew or bench is considered one (1) seat).
b.
Golf course. One (1) parking space per four (4)
members.
c.
Hospitals. One (1) parking space per two (2) beds,
plus one (1) space per two (2) employees.
d.
Libraries, museums. Ten (10) parking spaces, plus
one (1) per three hundred (300) square feet over two thousand (2,000)
square feet.
e.
Nursing homes. One (1) parking space per four (4)
beds, plus one (1) space per two (2) employees.
f.
College or trade school. One (1) parking space per
two (2) students.
g.
Elementary and junior high. One (1) parking space
for each staff member and person regularly employed on the premises,
plus two (2) parking spaces for each classroom.
h.
High school, college or technical school. One (1)
parking space for each staff member and person regularly employed
on the premises, plus five (5) parking spaces for each classroom.
i.
Theater, auditorium, sports stadium. One (1) parking
space for each five (5) seats or seating spaces available at maximum
capacity (where bench space is used, each thirty (30) inches of bench
space is considered one (1) seat).
3.
Commercial/office/service. All commercial and service
uses unless specifically indicated otherwise below: One (1) parking
space per two hundred (200) square feet of floor area, plus one (1)
parking space per one (1) employee on maximum working shift.
a.
Auto sales or garage. One (1) parking space for
each one thousand (1,000) square feet of floor area in building or
one (1) parking space for each employee, plus four (4) parking spaces
for each maintenance stall, which ever is greater.
b.
Bank or savings and loan institution. One (1) parking
space for each two hundred (200) square feet of floor area.
c.
Beauty and barbershop. Three (3) parking spaces
per chair.
d.
Bowling alley. Five (5) parking spaces per each
bowling lane.
e.
Business, professional or public office building. Three (3) parking spaces for the first one thousand (1,000) square
feet of floor area, plus one (1) parking space for each additional
four hundred (400) square feet of floor area over one thousand (1,000)
square feet.
f.
Dance, assembly or exhibition hall without fixed seats. One (1) parking space per seventy-five (75) feet of floor area.
g.
Furniture or appliances store. Four (4) parking
spaces, plus one (1) parking spaces per three thousand (3,000) square
feet over one thousand (1,000) square feet of floor space.
h.
Grocer or convenience food store. Parking or storage
space for all vehicles used directly in the conduct of the business
and one (1) parking space for each two (2) employees, plus four (4)
parking spaces for each one thousand (1,000) square feet of floor
area.
i.
Medical or dental office. Four (4) parking spaces,
plus one (1) parking space per four hundred (400) square feet over
one thousand (1,000) square feet.
j.
Mortuary or funeral home. One (1) parking space
per fifty (50) square feet of floor space in slumber rooms, parlors
or funeral service rooms.
k.
Restaurant, nightclub, tavern. One (1) parking space
per fifty (50) square feet of floor area.
l.
Theater, auditorium, sports stadium. One (1) parking
space per four (4) seats.
4.
Industrial. Any manufacturing, industrial, warehouse
or similar establishment: One (1) parking space per each employee
on the maximum working shift, plus parking space to accommodate visitors
and vehicles used in connection therewith.
B.
Computation For Off-Street Parking Spaces.
1.
"Floor area" shall mean the gross floor area of
the specific use.
2.
Where fractional spaces result, the parking spaces required shall
be construed to be the nearest whole number.
3.
The parking space requirement for a use not specifically mentioned
in this Article shall be the same as required for a use of similar
nature as determined by the Building/Zoning Officer.
4.
Whenever a building or use is changed or enlarged in floor area,
number of employees, number of dwelling units, seating capacity or
otherwise to create a need for an increase of ten percent (10%) or
more in the number of existing parking spaces, such spaces shall be
provided on the basis of the enlargement or change.
5.
In the case of mixed or joint uses, the parking spaces required shall
equal the sum of the requirements of the various uses computed separately.
C.
Location Of Parking Spaces.
1.
All parking spaces required in the Section shall be located on the
same lot with the building or use served; except that where an increase
in the number of spaces is required by a change or enlargement of
use or where such spaces are provided collectively or used jointly
by two (2) or more buildings or establishments, the required spaces
may be located and maintained not to exceed three hundred (300) square
feet from an institutional building served and not to exceed five
hundred (500) square feet from any other non-residential building
served.
2.
Up to fifty percent (50%) of the parking spaces required for:
a.
Theaters, public auditoriums, bowling alleys, nightclubs or cafes
and up to one hundred percent (100%) of the parking spaces required
for a church or school auditorium may be provided and used jointly
by
3.
In any case where the required parking spaces are not located on
the same lot with the building or use served, or where such spaces
are collectively or jointly provided and used, a written agreement,
thereby assuring their retention for such purposes, shall be properly
drawn by the parties concerned, approved as to form by the Village
Attorney and shall be filed with the application of a building permit.
4.
Off-street parking space may be located within the required front
yard of a "B" or "R" District, but no off-street parking shall be
permitted in the required front yard of any "R" District, except upon
a driveway providing access to a garage, carport or parking area for
a dwelling.
5.
Parking spaces in all "B" and "I" Districts shall not be an obstruction,
so that no vehicle need be moved to allow another vehicle to enter/exit
the parking area.
6.
Each entrance to and exit from the parking lot shall be at least
twenty (20) feet distance from any adjacent property located in any
residential district, except where ingress to the parking lot is provided
from a public alley or public way separating the residential areas
from the proposed parking lot.
7.
The parking area shall be set back in conformity with the established
or required yards for residential uses and, where a parking area adjoins
a dwelling use, it shall have a minimum side yard of ten (10) feet.
D.
Parking Area Design Standards.
1.
In all but the "R-1a" and "R-1b" Districts, each parking space shall
be clearly delineated by markings or wheel bumpers.
2.
A required off-street parking space shall be at least eight (8) feet
six (6) inches in width and at least eighteen (18) feet in length,
exclusive of access drives or aisles, ramps and columns.
3.
No parking shall be permitted within six (6) feet of an adjoining
lot located in a residential district. However, surface requirements
may be modified and amended upon individual application.
4.
Parking lots containing twenty (20) or more spaces shall be landscaped
in such a way to reduce heat and glare, to minimize blowing of dust
and trash, to reduce the oppressive visual effects of large open parking
spaces, and to preserve the streetscape.
5.
Along the side and rear lot lines of any parking areas abutting a
residential district, a buffer strip of at least ten (10) feet and
screening of at least six (6) feet high and of sufficient density
to completely block the view from the adjacent residential property
shall be provided.
E.
Loading And Unloading Regulations. Loading and unloading
space shall be provided off-street and on the same premises with every
building, structure or part thereof hereafter erected, established
or enlarged and occupied for goods display, retail operation, department
store, market, hotel, mortuary, laundry, dry cleaning, office uses
or warehouses, manufacturing or other uses involving the receipt or
distribution of materials or merchandise by motor vehicles. The loading
and unloading space or spaces shall be located so as to avoid undue
interference with the public use of streets, alleys and walkways.
1.
For all uses in the commercial or industrial districts, loading facilities
shall be provided in accordance with the following Table:
|
|
Gross Floor Area of Establishments in Thousands of Square
Feet
|
Required Number and Size of Loading Berths
|
|---|---|---|
|
|
1 — 10
|
1 — (10' x 25')
|
|
|
10 — 40
|
1 — (10' x 70')
|
|
|
40 — 100
|
2 — (10' x 70')
|
2.
For each additional one hundred thousand (100,000) square feet of
gross floor area or any fraction thereof over one hundred thousand
(100,000) square feet of gross floor area, one (1) additional berth
shall be provided. Each such additional berth shall be at least ten
(10) feet in width by seventy (70) feet in length.
[Ord. No. 336 Art.
19, 12-14-1999]
A.
Intent. The intent of this Section is to establish reasonable
development standards for the conduct of home occupations in residential
areas; maintain peace, quiet and domestic tranquillity within residential
neighborhoods; and guarantee to all residents freedom from excessive
noise, excessive traffic, nuisance, fire hazard and other possible
effects of commercial uses being conducted in residential areas.
B.
Standards. All home occupations, whether authorized by an
annual business license only or a special use permit, shall conform
to the following standards:
1.
Permitted home occupations shall not be conducted in any building
on the premises other than the building which is used by the occupant
as the private dwelling.
2.
The area set aside for home occupations shall not exceed twenty percent
(20%) of the total floor area of such residence.
3.
Permitted home occupations shall not include the employment of any
persons not residing on the premises in the performance of the occupation.
4.
No interior or exterior business sign shall be permitted unless it
is a name plate attached to the building of not more than one (1)
square foot in area.
5.
The use shall be clearly incidental and secondary to the use of the
dwelling for dwelling purposes and the appearance of the structure
shall not be altered or the occupation within the residence be conducted
in a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs or the emission of sounds or vibrations that carry beyond the
premises.
6.
There shall be no storage of equipment, vehicles or supplies associated
with the home occupation outside the dwelling. Also, the home occupation
shall not displace or impede the use of parking spaces required by
the parking regulations for the residential district, including any
business storage in garage parking areas.
7.
The use of mechanical equipment other than is usual for purely domestic
or hobby purposes is prohibited. Furthermore, no equipment shall be
used which creates offensive noise, vibration, sound, smoke, dust,
odors, heat, glare, x-ray or electrical disturbance to radio or television
instruments.
8.
Merchandise shall not be displayed or offered for sale either within
or outside of the residence.
9.
The operation of any wholesale or retail business, unless it is conducted
entirely by mail and does not involve the sale, shipment or delivery
of merchandise on the premises, is prohibited.
10.
No home occupation shall cause an increase in the use of any one
(1) or more public utilities (water, sewer, electricity, garbage collection)
so that the combined total use for dwelling and home occupation purposes
exceeds the average for residences in the neighborhood.
11.
The home occupation shall not involve the use or storage of tractor
trailers, semi-trucks or heavy equipment such as construction equipment
used in a business.
12.
No process shall be allowed that is hazardous to public health, safety,
morals or welfare.
13.
The use shall not generate additional pedestrian or vehicular traffic
or increase in parking demand.
14.
Garage sales are permitted provided the following standards are met:
a.
Sales shall last no longer than three (3) days.
b.
Sales are conducted on the owner's property. Multiple-family sales
are permitted if they are held on the property of one (1) of the participants.
c.
No consignment goods may be offered for sale.
d.
Directional signs may be placed on the street right-of-way.
e.
All direction and advertising signs shall be freestanding and removed
within twenty-four (24) hours after completion of the sale.
f.
All directional and advertising signs placed on private property
shall have the owner's permission.
g.
No directional or advertising signs may be larger than two (2) feet
by three (3) feet.
C.
License Required. A business license for the following home
occupations may be issued by the Village Clerk upon application to
the Building Inspector and payment of a license fee as set out in
Village business licensing ordinances. Said business license may be
issued without special use permit, provided that the home occupation
is conducted solely and singly by the applicant who shall reside on
the premises, does not constitute a significant impact upon the neighborhood
and conforms to the standards of this Section.
1.
Artists, sculptors, authors and composers.
2.
Home crafts for sale off-site.
3.
Office facility of a salesman, sales representative or manufacturer's
representative provided that no transactions are made in person on
the premises.
4.
Professional office facility of a real estate broker, engineer, insurance
agency or similar occupation.
5.
Family child care home, limited to no more than three (3) children
under the age of sixteen (16) including children of the adult provider.
6.
Dressmaking, sewing and tailoring.
7.
Teaching/tutoring including music instruction, limited to not more
than three (3) pupils at one time, provided however, that in the case
of music instruction, no instrument may be amplified.
8.
Preserving and home cooking for sale off-site.
9.
Telephone solicitation work.
D.
Uses Not Permitted. The following uses, by nature of the
investment or operation, have a pronounced tendency once started to
rapidly increase beyond the limits permitted for home occupations
and thereby impair the use and value of a residentially zoned area
for residence purposes and are more suited to business districts.
Therefore, the uses specified below shall not be permitted as home
occupations.
1.
Minor or major auto repair, painting of vehicles, trailers or boats.
2.
Funeral chapel or home.
3.
Gift shops.
4.
Photo studios.
5.
Welding or machine shops.
6.
Rental businesses.
7.
Catering or restaurants.
8.
Medical or dental clinic.
9.
Stables, kennels or animal hospitals.
10.
Any light manufacturing or assembling operation.
11.
Plumbing and electrical appliance shops.
12.
Beauty shops or schools.
13.
Day care centers of more than three (3) and tutoring of more than
three (3) at a time.
