City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents

Section 403.010 Purpose.

[R.O. 2012 §403.010; Ord. No. 90-4-2 §1, 4-2-1990]
All signs as hereinafter defined, shall be regulated as to location, type, size, and number in all Zoning Districts in the City of Excelsior Springs. In addition to the standards and regulations contained herein, signs shall also be subject to building and other codes of the City of Excelsior Springs.

Section 403.020 Definitions.

[R.O. 2012 §403.020; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 2011-11-06-05 §3, 6-20-2011]
Words and terms used in this Chapter are defined as follows for purposes of applying the regulations of this Chapter:
MANSARD
For purposes of this regulation, a mansard having a pitch not exceeding one (1) foot horizontal and three (3) feet vertical shall be deemed a wall. A mansard having a less vertical slope shall be deemed as a roof.
SIGN
Any words, numerals, figures, devices, designs, or trademarks by which information is made known to the public outside a building and including, but not limited to, the following:
1. 
Attached signs.
a. 
Marquee sign: Any sign attached flat against the marquee or permanent sidewalk canopy of a building. No such sign shall project above, below, or beyond the awning, canopy, or marquee.
b. 
Projecting sign: Any sign extending more than one (1) foot from the face of the building to which it is attached or any sign mounted under a canopy or on a wall and having its face approximately at right angles to the face of the building. A time and temperature instrument mounted on the face of a building shall be included in this definition.
c. 
Roof sign. Any sign erected, constructed, and maintained wholly upon or over the roof of a building and having the roof as a principal means of support.
d. 
Wall sign. Any sign attached to and erected parallel to and within one (1) foot of the face or wall of a building, including signs painted on the walls of buildings.
e. 
Window sign. Any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.
2. 
Detached signs. Any sign located on the ground or on a structure located on the ground and not attached to a building.
a. 
Bench sign. A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
b. 
Changeable copy sign. A manually, mechanically, or electronically activated sign on which copy is designed to be changed. This includes readerboards, gas price signs, and theater marquees, but is not limited to them. Poster panels, painted boards, and billboards are not changeable copy signs.
c. 
Development sign. A monument sign identifying the name of a subdivision or other residential development approved as a single development.
d. 
Directory (nameplate) sign. A sign on which the names and locations of occupants or the use of a building is given. This shall include office buildings and church directories.
e. 
Electronic message center. Any electronically activated sign that displays text or images that change periodically. Included are signs that display an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and/or the use of changing lights to form a message and holographic display.
f. 
Ground and/or pole signs. Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.
g. 
Monument sign. 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.
3. 
Illuminated signs. A sign designed to give forth artificial light or designed to reflect light derived from any source.
a. 
Indirectly illuminated sign. Any sign which is partially or completely illuminated at any time by a constant, non-moving, light source which is so shielded as not to be visible at eye level.
b. 
Semi-illuminated sign. Any sign located on a building which building face is uniformly illuminated over its entire area, including the area of the sign, by use of electricity or other artificial light.
c. 
Attention attracting device. Any flasher, blinker, animation, banner, animal or human replica, or other object designated or intended to attract the attention of the public to an establishment or to a sign. Any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this regulation, any revolving, rotating, moving, animated sign with moving lights or signs which create the illusion of movement shall be considered flashing signs. Electronic message centers are not considered attention attracting devices for the purposes of this Section.
4. 
Off-premises advertising signs. An outdoor advertising sign, advertising products, service, etc., not offered on the premises.
a. 
Billboard. Sign exceeding six hundred fifty (650) square feet in area.
b. 
Junior poster panel. Sign of approximate dimension six (6) foot by twelve (12) foot.
c. 
Painted bulletin. Sign of approximate dimension fourteen (14) foot by forty-eight (48) foot.
d. 
Standard poster panel. Sign of approximate dimensions twelve (12) foot three (3) inches by twenty-four (24) foot six (6) inches.
5. 
Temporary signs. Any sign of a material such as cardboard, paper, pressed wood, plastic or metal which is attached to a fence, tree, utility pole, wheel carriage or temporary structure, or any sign which is not securely fastened to a building.
a. 
Banner sign. 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 business shall not be considered banners for the purpose of this Section.
b. 
Street banner sign. 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.
c. 
Changeable copy sign. 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.
d. 
Construction sign. A temporary sign indicating the names of the architects, engineers, landscape architects, 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.
e. 
Real estate sign. Any sign which is used to offer for sale, lease, or rent the property upon which the sign is placed.
SIGN AREA
The area of a sign set out in these regulations shall mean the area of each surface or face of the sign. Such signs as projecting, detached, and outdoor advertising panels, billboards and bulletins may have more than one (1) face, in which case the maximum area allowed herein shall apply to each face or surface unless specified otherwise. The area of the sign for purposes of these regulations shall be computed from the dimensions of the entire surface upon which the letters, logo, etc., are placed, except that when individual letters, logo, etc., are mounted individually and directly upon a building wall surface without change in the color or appearance of the wall, the area of the sign shall be deemed to the rectangle or other geometric form that encompasses the letters, logo, etc. When some questions exist as to the area of the sign, the method of computing the same shall be finally determined by the Building Official.

Section 403.030 Districts "A", "R-1" Single-Family District — Signs Permitted.

[R.O. 2012 §403.030; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 2000-1-3, 1-24-2000]
A. 
Signs may be permitted in Districts "A", "R-1" (Single-family District) as follows:
1. 
Wall sign. One (1) non-illuminated wall sign per building, not more than one (1) square foot in area, mounted on the building, indicating a permitted home occupation.
2. 
Real estate sign. One (1) non-illuminated detached real estate sign per lot, not more than six (6) square feet in area.
One (1) or more non-illuminated signs displaying information pertinent to an undeveloped subdivision shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling.
Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres plus one hundred fifty (150) square feet for each additional ten (10) acres in the development site.
3. 
Directory/wall sign. Not more than two (2) illuminated or non-illuminated wall signs per church or similar institutional use, not more than one hundred (100) square feet in area each, and not more than two (2) illuminated or non-illuminated detached directory signs per church or similar institutional use, not more then fifty (50) square feet in area per face nor more than one hundred (100) square feet in total area each, on the premises of the use, indicating activities and services therein provided.
4. 
Construction sign. One (1) non-illuminated detached construction sign not more than thirty-two (32) square feet in area.
5. 
Development sign. One (1) development sign not to exceed a total of sixty-four (64) square feet, or two (2) development signs not to exceed a total of thirty-two (32) square feet each shall be allowed at each exclusive entrance into a development in excess of twenty (20) acres in size in accordance with the following criteria:
a. 
Such signs shall be located outside the required sight distance triangle as provided by Section 400.270, "Height and Area Exceptions," Subsection (C)(7), sight distance on corner lots.
b. 
A maximum height of six (6) feet.
c. 
Such signs may be indirectly illuminated provided the light source is shielded to prevent it from shining directly on adjacent residences or streets.
d. 
Evidence of the ability to provide for the maintenance of such signs and required landscaping shall be demonstrated through the existence of a homeowner's association, management group or other permanently established organization with authority and funding adequate to provide for such maintenance.
e. 
A landscaping plan shall be submitted which shall utilize adequate landscaping and appropriate plant materials and providing, at a minimum, one (1) low level shrub per ten (10) square feet of sign area.
6. 
Garage sale sign. Signs as otherwise permitted by ordinance. No posting of garage sale signs shall be permitted on buildings, fences, poles, or other property without the consent of the owner.
7. 
No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conduit in free air carrying more than forty-eight (48) volts whether or not such wire inductors are insulated or otherwise protected. All other detached and projecting signs shall be designed and installed to withstand twenty (20) pounds per square foot of wind pressure.

Section 403.040 District "R-2" Two-Family District — Signs Permitted.

[R.O. 2012 §403.040; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
Signs shall be permitted in District "R-2" Two-Family District as follows:
1. 
Signs shall be permitted as provided under District "A" - "R-1" in Section 403.030 above.
2. 
Construction sign. One (1) or more indirectly or illuminated signs displaying information pertinent to an undeveloped apartment project shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling. Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres, plus one hundred fifty (150) square feet for each additional ten (10) acres in the development site.

Section 403.050 District "R-3" Through "R-5" Residential District — Signs Permitted.

[R.O. 2012 §403.050; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
Signs shall be permitted in District "R-3" through "R-5" Residential District as follows:
1. 
Signs shall be permitted as provided under District "R-2".
2. 
Detached sign. For any one (1) ownership containing a multi-family use there shall be permitted only one (1) non-illuminated or indirectly illuminated detached sign for each twenty thousand (20,000) square feet of land area, identifying the building or project, not more than twenty (20) feet in area and not more than six (6) feet high overall, and such sign shall be located not more than one (1) foot in front of a front or side building setback line. Such signs shall bear no product advertising.

Section 403.060 District "C-O" Non-Retail Business District — Signs Permitted.

[R.O. 2012 §403.060; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
Signs shall be permitted in District "C-O" Non-Retail Business District as follows:
1. 
Signs shall be permitted for uses permitted in District "R-1" through "R-5", which are located in this District, as provided under District "R-3" through "R-5" above.
2. 
Wall sign. Not more than two (2) non-illuminated or semi-illuminated wall signs shall be permitted on each office building, provided such signs shall indicate only the name of the building or establishments housed therein. No such sign shall have an overall area exceeding five percent (5%) of the area of the wall upon which it is mounted.
3. 
Projecting sign. One (1) projecting sign per establishment, not exceeding three (3) square feet in area, depicting only the name of the establishment or firm may be placed on the facade or under a marquee or canopy adjacent to the premises occupied. Signs should also maintain a clearance of nine (9) feet to grade.
4. 
Development sign. In the case of an office park containing three (3) or more buildings, one (1) monument sign identifying the park shall be permitted.
Such monument sign shall not have more than four (4) faces, have an overall height above average grade of not more than eight (8) feet and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to the property line.
Each building or cluster of buildings within the center of park, separated by more than twenty (20) feet from the main cluster or each other, shall be permitted one (1) monument sign per building or cluster. Such sign shall not have more than two (2) faces, shall have an overall height above grade of not more than eight (8) feet and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to the property line.
5. 
Construction sign. One (1) or more non-illuminated signs displaying information pertinent to an undeveloped office building complex or shopping center shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling. Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres plus one hundred fifty (150) square feet for each additional ten (10) acres in the development site.
6. 
No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conduit in free air carrying more than forty-eight (48) volts whether or not such wire inductors are insulated or otherwise protected. All other detached and projecting signs shall be designed and installed to withstand twenty (20) pounds per square foot of wind pressure.

Section 403.070 District "C-1" Local Business District — Signs Permitted.

[R.O. 2012 §403.070; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
Signs shall be permitted in District "C-1" Local Business District as follows:
1. 
Signs shall be permitted for uses permitted in District "R-1" through "R-5", which are located in these districts, provided under Districts "R-3" through "R-5" above.
2. 
Wall/projecting signs. Each business or commercial establishment shall be permitted not more than three (3) non-illuminated, semi-illuminated or indirectly illuminated wall signs, provided the total area of signs on a facade shall not exceed ten percent (10%) of the total area of that facade. In lieu of one (1) of the above wall signs, one (1) projecting sign of the same type of illumination and same area shall be permitted, provided no projecting sign shall extend more than three (3) feet from the face of the building and the sign shall also maintain a clearance of nine (9) feet to grade. Such signs shall not extend above the height of the wall upon which they are mounted, and any signs painted directly upon wall surfaces shall not be larger than ten (10) square feet in area.
3. 
Detached signs. In lieu of one (1) of the above attached signs, one (1) detached sign shall be permitted for each commercial building. It shall be located not less than five (5) feet from a property line and shall not exceed twenty-five (25) feet in height and shall not exceed one hundred (100) square feet in area. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conduit in free air carrying more than forty-eight (48) volts whether or not such wire inductors are insulated or otherwise protected. All other detached and projecting signs shall be designed and installed to withstand twenty (20) pounds per square foot of wind pressure.
4. 
Development sign. In the case of a shopping center or office park, one (1) detached identification sign may be permitted provided such sign shall not exceed twenty-five (25) feet in height and shall not exceed one hundred (100) square feet in area. In lieu of this pole sign, monument signs as specified below may be used. One (1) monument sign identifying the center or park shall be permitted. Such monument sign shall not have more than four (4) faces, have an overall height above average grade of not more than eight (8) feet, and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to a property line. Each building or cluster of buildings within the center or park, separated by more than twenty (20) feet from the main cluster or each other, shall be permitted one (1) monument sign per building or cluster.
Such sign shall not have more than two (2) faces, shall have an overall height above the average grade of not more than eight (8) feet and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to a property line.
5. 
Interior signs. Non-illuminated signs inside buildings and signs in enclosed malls shall not be subject to these regulations.
6. 
Construction sign. One (1) or more non-illuminated signs displaying information pertinent to an undeveloped office building complex or shopping center shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling. Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres plus one hundred fifty (150) square feet for each additional ten (10) acres in the development site.

Section 403.080 District "C-2" General Business District — Signs Permitted.

[R.O. 2012 §403.080; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 99-5-15, 5-24-1999]
A. 
Signs shall be permitted in District "C-2" General Business District as follows:
1. 
Signs shall be permitted for uses permitted in Districts "R-1" through "R-5", which are located in this district, as provided under Districts "R-3" through "R-5" above.
2. 
Wall/projecting/marquee. Each business or commercial establishment shall be permitted not more than three (3) indirectly illuminated, semi-illuminated, or non-illuminated wall, projecting or marquee signs. The total area of wall signs on each facade shall not exceed fifteen percent (15%) of the total area of the facade upon which it is placed. Such signs shall not extend above the average roof level of two (2) or more story buildings. No projecting sign may extend over a public right-of-way more than five (5) feet, nor closer to a street edge or curb face than one (1) foot, nor have an area greater than twenty (20) square feet per face. No signs shall be painted directly upon the wall surfaces.
For purposes of this Section, the term "marquee" shall mean and include a comparable permanent canopy or awning attached to a building, in the same manner as projecting signs. No such marquee, canopy or awning, with or without signs, shall extend over a public right-of-way more than five (5) feet, nor closer to a street edge or curb face than one (1) foot.
Such marquees, canopies, awnings and sign frames shall maintain a vertical clearance of nine (9) feet to grade; provided however, a marquee, canopy or awning having no electrical components may have a vertical clearance of not less than eight (8) feet to grade.
3. 
Detached signs. In lieu of one (1) of the above attached signs, one (1) detached sign shall be permitted for each commercial building. In the case of a detached sign it shall be located not less than five (5) feet from a property line and shall not exceed thirty-five (35) feet in height and shall not exceed one hundred (100) square feet in area. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conduit in free air carrying more than forty-eight (48) volts whether or not such wire inductors are insulated or otherwise protected. All other detached and projecting signs shall be designed and installed to withstand twenty (20) pounds per square foot of wind pressure.
4. 
Development sign. In the case of a shopping center or office park, one (1) detached identification sign may be permitted. Such sign shall not exceed thirty-five (35) feet in height and shall not exceed one hundred (100) square feet in area. In lieu of this pole sign, monument signs as specified below may be used. One (1) monument sign identifying the center or park shall be permitted. Such monument sign shall not have more than four (4) faces, have an overall height above grade of not more than eight (8) feet, and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to a property line. Each building or cluster of buildings within the center or park, separated by more than twenty (20) feet from the main cluster or each other, shall be permitted one (1) monument sign per building or cluster. Such sign shall not have more than two (2) faces, shall have an overall height above average grade of not more than eight (8) feet and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to the property line.
5. 
Interior signs. Non-illuminated signs inside buildings and signs in an enclosed mall shall not be subject to these regulations.
6. 
Construction sign. One (1) or more non-illuminated signs displaying information pertinent to an undeveloped office building complex or shopping center shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling. Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres plus one hundred fifty (150) square feet for each additional ten (10) acres in the development site.

Section 403.090 District "C-2A" Special Business District — Signs Permitted.

[R.O. 2012 §403.090; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
Signs shall be permitted in District "C-2A" Special Business District as follows:
1. 
Signs shall be permitted for uses permitted in District "R-1" through "R-5", which are located in these districts, provided under Districts "R-3" through "R-5" above.
2. 
Wall/projecting signs. Each business or commercial establishment shall be permitted not more than two (2) non-illuminated wall signs provided the total area of signs on a facade shall not exceed ten (10) square feet.
In lieu of one (1) of the above wall signs, one (1) projecting sign of the same type of illumination and same area shall be permitted, provided no projecting sign shall extend more than three (3) feet from the face of the building and the sign shall also maintain a clearance of nine (9) feet to grade. Such signs shall not extend above the height of the wall upon which they are mounted, and any sign painted directly upon wall surfaces shall not be larger than ten (10) square feet in area.
3. 
Detached signs. In lieu of one (1) of the above attached signs, one (1) detached sign shall be permitted for each commercial building. It shall be located not less than five (5) feet from a property line and shall not exceed five (5) feet in height and shall not exceed five (5) feet in height and shall not exceed ten (10) square feet in area. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conduit in free air carrying more than forty-eight (48) volts whether or not such wire inductors are insulated or otherwise protected.
All other detached and projecting signs shall be designed and installed to withstand twenty (20) pounds per square foot of wind pressure.
4. 
Development sign. One (1) development sign not to exceed a total of sixty-four (64) square feet, or two (2) development signs not to exceed a total of thirty-two (32) square feet each shall be allowed at each exclusive entrance into a development in excess of twenty (20) acres in size in accordance with the following criteria:
a. 
Such signs shall be located outside the required sight distance triangle as provided by Section 400.270, "Height and Area Exceptions," Subsection (C)(7), sight distance on corner lots.
b. 
A maximum height of six (6) feet.
c. 
Such signs may be indirectly illuminated provided the light source is shielded to prevent it from shining directly on adjacent residences or streets.
d. 
Evidence of the ability to provide for the maintenance of such signs and required landscaping shall be demonstrated through the existence of a homeowner's association, management group or other permanently established organization with authority and funding adequate to provide for such maintenance.
e. 
A landscaping plan shall be submitted which shall utilize adequate landscaping and appropriate plant materials and providing, at a minimum, one (1) low level shrub per ten (10) square feet of sign area.
5. 
Construction sign. One (1) or more non-illuminated signs displaying information pertinent to an undeveloped apartment project, office building complex, or shopping center shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling. Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres plus one hundred fifty (150) square feet for each additional ten (10) acres in the development site.

Section 403.100 District "C-3" Business District — Signs Permitted.

[R.O. 2012 §403.100; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 2000-3-2, 3-20-2000; Ord. No. 2011-11-06-05 §3, 6-20-2011]
A. 
Signs shall be permitted in District "C-3" Business District as follows:
1. 
Signs shall be permitted for uses permitted in District "R-1" through "R-5", which are located in these districts, provided under Districts "R-3" through "R-5" above.
2. 
On premise signs of all types permitted. Signs of all types and degrees of illumination shall be permitted, excluding attention attracting devices. No signs shall be located closer than five (5) feet to a property line and no sign shall exceed thirty-five (35) feet in height. The maximum gross surface area shall be four (4) square feet for each lineal foot of street frontage, measured on the front side in the case of a corner lot, provided the cumulative total of all signs shall not exceed a gross surface area of six hundred (600) square feet.
Alternatively, for multi-tenant commercial sites, having at least six (6) commercial tenants or uses on a common lot, the maximum surface area permitted for wall or projecting signs for each tenant or use may not exceed ten percent (10%) of the individual tenant or user's exterior front wall area. This ten percent (10%) allowance may also be made for one (1) additional side wall, in the case of tenants or uses that are freestanding or located on an end of a multi-tenant building.
Roof signs shall not project more than twelve (12) inches beyond the face of the building. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conduit in free air carrying more than forty eight (48) volts whether or not such wire inductors are insulated or otherwise protected. All other detached and projecting signs shall be designed and installed to withstand twenty (20) pounds per square foot of wind pressure.
Electronic message centers or changeable message signs shall be allowed subject to the following standards:
a. 
No more than thirty percent (30%) of the sign area may be used for electronic message centers (either mechanical or electronic) with changeable text.
b. 
Detached sign or manual changeable copy. Sign must be a detached sign and the electronic message center portion may not exceed more than fifty percent (50%) of the allowable square footage per face.
c. 
Brightness. The sign must not exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum of five hundred (500) nits (candelas per square meter) between dusk and dawn.
d. 
Dimmer control. The sign must have an automatic dimmer control, to adjust illumination from daylight to nighttime maximums.
e. 
Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited.
f. 
The sign shall have an automatic default setting to a blank screen non-illuminated or standard text/image in case of malfunction.
g. 
Any such permit issued is subject to periodical performance review by City staff to ensure that continued compliance is maintained. Failure to correct any notice of violation of the intensity requirements herein shall constitute a forfeiture of the permit and the permit shall immediately thereafter become void.
3. 
Development sign. In the case of a shopping center or office park, one (1) detached identification sign may be permitted. Such sign shall not exceed thirty-five (35) feet in height and shall not exceed one hundred (100) square feet in area. In lieu of this pole sign, monument signs as specified below may be used. One (1) monument sign identifying the center or park shall be permitted.
Such monument sign shall not have more than four (4) faces, have an overall height above grade of not more than eight (8) feet, and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to a property line. Each building or cluster of buildings within the center or park, separated by more than twenty (20) feet from the main cluster or each other, shall be permitted one (1) monument sign per building or cluster. Such sign shall not have more than two (2) faces, shall have an overall height above average grade of not more than eight (8) feet and an overall length of not more than twelve (12) feet. Such sign may be indirectly illuminated and shall not be closer than ten (10) feet to the property line.
Alternatively, for multi-tenant commercial sites, having at least six (6) commercial tenants or uses on a common lot, one (1) detached identification sign may be permitted. Such sign shall not exceed thirty-five (35) feet in height, shall not be located closer than five (5) feet to a property line, shall not have more than two (2) faces, and shall not exceed two hundred fifty (250) square feet in area per face. In the case of a corner lot, having at least two hundred (200) lineal feet of street frontage on a second (2nd) street, one (1) additional detached identification sign, having the same height, location, face geometry and sign area limitations, may be permitted on the frontage of the second (2nd) street.
4. 
Off-premise signs excluding billboard signs. Outdoor advertising structures including junior poster panels, painted bulletins and standard poster panels shall be no closer than eight hundred (800) feet to each other or a billboard, shall be at least thirty (30) feet from the front property line, and at least thirty (30) feet from a District "R-1" to a District "C-1" inclusive and shall not extend higher than thirty (30) feet above the elevation of the centerline of the adjacent roadway to which the advertising is directed. All junior poster panels, painted bulletins and standard poster panels shall be designed and installed to withstand not less than thirty (30) pounds per square foot of wind pressure.
5. 
Billboard signs. Billboards shall be allowed adjacent to any State highway in a District "C-3" subject to the regulations in this Chapter and those that are consistent with the Missouri Billboards Act (Section 226.500 et seq., RSMo.). Billboards shall be prohibited in all other residential and commercial zoning districts or adjacent to any other roadway within the City. Regulations pertaining to such structures are as follows:
a. 
Lighting.
(1) 
No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any billboard. No flashing, intermittent, or moving light or lights will be permitted. Electronic signs of all types will be permitted by special use.
(2) 
External lighting, such as floodlights, thin line and gooseneck reflectors, are permitted, provided the light source is directed upon the face of the billboard and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way on a primary highway and the lights are not of such intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.
(3) 
No billboard shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal.
(4) 
No billboard shall be so illuminated that the illumination is directed toward any residential area.
(5) 
The maximum lighting intensity level for such billboards shall be twenty (20) foot-candles (22 lux) at the light source.
b. 
Size. height, and area of billboards.
(1) 
The maximum area for any one (1) billboard shall be eight hundred (800) square feet with a maximum width of thirty (30) feet and a maximum length of seventy-two (72) feet, inclusive of border and trim but excluding the base or apron, supports, and other structural members.
(2) 
The maximum size limitations shall apply to each side of a billboard, and billboards may be placed back to back, double faced, or in V-type construction with not more than two (2) displays to each facing, but sign structure shall be considered as one (1) billboard.
(3) 
An off-premises sign shall maintain a minimum clearance of ten (10) feet measured from the ground level at the base of the sign to the bottom of the sign face.
(4) 
The maximum height of a billboard or other structure shall not exceed thirty-five (35) feet above grade level of the roadway to the bottom of the sign face, as measured from the centerline of the roadway to which the sign is oriented.
c. 
Spacing of billboards.
(1) 
No billboard shall be erected within one thousand four hundred (1,400) feet of an existing billboard on the same side of the highway on any highway in the primary system.
(2) 
No billboard shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
(3) 
The measurement in this Section shall be minimum distances between billboards measured along the nearest edge of the pavement between points directly opposite the billboard or structure along each side of the highway and shall apply only to billboards or structures located on the same side of the highway involved. Directional and official signs shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with these spacing requirements.
(4) 
Billboards or other off-premises outdoor advertising devices shall be oriented toward traffic on the primary highway system.
d. 
Setbacks, safety clearances and height.
(1) 
In order to provide a safety zone to prevent injury or property damage from collapse of a billboard caused by an act of God or other causes, each billboard shall have minimum setbacks of the following:
(a) 
At least ninety (90) feet from the nearest edge to the right-of-way of any Federal or State designated routes; and
(b) 
At least ninety (90) feet from all property lines and from all roofed structures, from all points of the billboard.
(2) 
In order to further provide a safety zone to prevent injury or property damage from collapse of a billboard caused by an act of God or other causes, each billboard shall have a maximum height, measured from the ground to the bottom of the sign face of such structure, of thirty-five (35) feet. In addition, the applicant for permit shall present documentation to the reasonable satisfaction of the Building Official that the applicant has secured the legally enforceable right to prevent the erection of other structures within the setback zones. No City building permit shall be issued for construction of any building within the setback/clearance zone for any billboard.
(3) 
No billboard shall be located adjacent to or within five hundred (500) feet of any bridge approach or intersection at grade. Said five hundred (500) feet shall be measured from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way and from the beginning of the bridge deck.
(4) 
No billboard shall be located within five hundred (500) feet of land zoned for residential or utilized for public activity purposes. No billboard or other off-premises outdoor advertising device shall be located within five hundred (500) feet from any residential structure, school, park, or historical site or historical district designated by the Federal, State, or City Government.
(5) 
No billboard shall be located within one hundred (100) feet from any on-premises freestanding sign.
e. 
Landscaping, lighting, and fencing. Before a permit is issued, the applicant shall receive approval for a plan for landscaping, lighting and fencing around the proposed billboard to ensure that the structure will be aesthetically compatible with its surroundings and aesthetic standards of the community and neighboring property, insofar as may be practicable, as well as safe and secure from trespassers or vandals. Such plans shall be reviewed and approved by the Building Official and Director of Planning and Zoning. In determining whether the landscaping plan is reasonably suitable, the Director shall take into consideration the nature of the location, the impact on the surrounding properties, the safety and security of the proposed structure, and the relative cost of the landscaping, lighting and fencing to the applicant in relationship to the overall impact upon the property values in the immediate area which would be caused by a lack of such landscaping, lighting and fencing for the proposed structure.
f. 
Nuisances. Any billboard which, because of lack of maintenance, upkeep, vandalism, accumulations of litter, refuse or debris, or the deterioration of landscaping, light, or fencing, becomes unsightly or unsafe is hereby declared to be a nuisance and shall be subject to abatement by the City in the same manner as all other nuisances on private property.
g. 
Service drives. Direct access to a billboard from curb cuts along a State highway, Federal highway, or service road shall be prohibited. Direct access shall be gained through paved roads and drives which are private and internal to a lot or parcel. All vehicles, equipment, and people used to build, service, maintain and repair such signs must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads.
h. 
Legal non-conforming billboards. Any billboard which was lawfully erected or affixed prior to the adoption of the ordinance from which this Chapter is derived and which complied with all regulations in force at the time it was erected or affixed, but which fails to conform to all applicable regulations and restrictions of this Chapter, shall be considered a legal non-conforming billboard. A legal non-conforming billboard may be continued and shall be maintained in good condition, but shall not be:
(1) 
Structurally altered so as to prolong the life of the sign;
(2) 
Altered so as to increase the degree of non-conformity of the sign;
(3) 
Expanded; or
(4) 
Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty percent (50%) of the appraised replacement costs at the time that such damage occurred.
i. 
Abandoned billboards. Where a billboard structure does not include advertising information other than for the use of the billboard for a period of one hundred eighty (180) continuous days, such billboard structure shall be deemed abandoned and shall be removed.
j. 
Permits. The City shall not issue a permit for any new billboard unless the following conditions have been met:
(1) 
Issued a permit from the State Department of Transportation;
(2) 
The applicant shall submit the following surveys:
(a) 
A certified boundary survey of the site showing location of the billboard and its setback/clearance zone; and
(b) 
A survey to indicate the relative vertical and horizontal distances between the proposed structure and all other pole-mounted signs within two thousand (2,000) feet. If, by reason of height, size, or spacing, the proposed structure creates a significant disharmony with pole-mounted signs within two thousand (2,000) feet, or unreasonable detracts from the visibility of other neighboring signs or properties, the Building Official and Director of Planning and Zoning may require reasonable modification of the dimensions of the billboard to cure such deficiencies as a condition to granting a permit; and
(3) 
The City shall charge a sign permit fee, in accordance with the schedule of fees and charges, to ensure compliance with the City's wind load and electrical requirements when the billboard is first erected, but shall not charge any subsequent permit or inspection fee for such structure.
6. 
Interior signs. Non-illuminated signs inside buildings and signs in enclosed malls shall not be subject to these regulations.
7. 
Construction sign. One (1) or more non-illuminated signs displaying information pertinent to an undeveloped office building complex or shopping center shall be permitted within that ownership, provided that no such sign shall be closer than one hundred (100) feet to an occupied dwelling. Such signs shall be permitted on undeveloped tracts of at least two (2) acres in area and the total area of such signs shall not exceed three hundred (300) square feet for two (2) acres plus one hundred (100) feet for each additional ten (10) acres in the development site.

Section 403.110 Districts "M-1" and "M-2" Light and General Industrial Districts — Signs Permitted.

[R.O. 2012 §403.110; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 2000-3-2, 3-20-2000; Ord. No. 2011-11-06-05 §3, 6-20-2011]
A. 
Signs shall be permitted in Districts "M-1" and "M-2" Light and General Industrial Districts as follows:
1. 
Signs shall be permitted as provided in District "C-3".

Section 403.120 Additional Regulations.

[R.O. 2012 §403.120; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 98-2-1, 2-2-1998; Ord. No. 2011-11-06-05 §3, 6-20-2011; Ord. No. 14-07-05 §16, 7-21-2014]
A. 
All signs shall be of sound structural quality, be maintained in good repair, have a clean and neat appearance, and land adjacent shall be kept free from debris, weeds, and trash.
B. 
All signs as permitted above shall be so constructed and installed as to be satisfactory to the Building Official.
C. 
No sign shall be installed, erected, or set in place until a sign permit has been issued therefore by the City of Excelsior Springs.
D. 
Temporary Signs.
1. 
Generally. Temporary signs allowed within the City are limited to those specifically listed in this Section, according to the zoning district in which they are located, and are subject to classification by the Building Official based on definitions and descriptions contained herein. Temporary signs shall identify a special, unique, or limited activity, service, product, or sale of limited duration.
2. 
Number and timing. A maximum of four (4) temporary sign permits for thirty (30) days each may be issued for the same business, upon property owner approval, at the same location per calendar year. Two (2) temporary sign permits may be issued at the same time to run consecutively. Major and minor shopping centers shall be allowed up to two (2) temporary signs at any one time. Each temporary sign application shall be accompanied by a permit fee as specified in the Schedule of Fees, Title I, Appendix A. All temporary signs shall be removed at the end of the day's business on the day such permit expires. Additional temporary sign permits shall not be issued for the same business at the same location within fourteen (14) days following the expiration of a previously issued temporary sign permit. Failure to comply with any specification, regulation, or control placed on a temporary sign permit set for by the office of the Building Official will immediately void said permit.
3. 
Types. The following shall be classified as temporary signs, but not limited to:
a. 
Banners;
b. 
Non-projecting wall signs;
c. 
Secured ground signs;
d. 
Sandwich boards;
e. 
Portable and wheeled signs; and
f. 
Inflatable devices.
4. 
Size, height, and area of temporary signs.
a. 
Temporary signs shall be located only on the lot upon which the special, unique, or limited activity, product or sale is to occur. Signs may be located in any required yard, but shall not extend over any lot line or within fifteen (15) feet of any point of vehicular access from a lot to a public street. Temporary signs shall not exceed thirty-two (32) square feet in gross surface area for each exposed face.
b. 
The height of any inflatable advertising device shall be limited to twenty (20) feet including the supporting or attached structure, building or equipment, and shall meet the required setback for that zoning district.
E. 
Public agencies and not-for-profit institutions may apply for City Council review and approval of identification, event scheduling and similar signage not covered elsewhere in these regulations. Approval of such signage, under conditions and limitations deemed to be in the public interest, is at the sole discretion of the Council.
F. 
Signs, posters, and similar devices used by candidates for public office shall be regulated by applicable codes and ordinances of the City of Excelsior Springs and shall not be within jurisdiction of this Section.
G. 
The Building Official may waive the permit fee for those signs which are for the sole purpose of promoting an event or effort of a philanthropic, civic, or public service nature.
H. 
Removal of signs which were engraved, carved in stone, or where otherwise a permanent part of a building prior to the adoption of these regulations will not be required.

Section 403.130 Total Exemptions.

[R.O. 2012 §403.130; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
The following signs shall be exempt from the requirements of this Chapter:
1. 
Flags or emblems of a governmental or of a political, 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 tables 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. 
Score boards in athletic stadiums.
B. 
Exemptions From Sign Permit. The following signs are exempt from the sign permit Section of this Chapter, but shall comply with all of the other regulations imposed by this Chapter:
1. 
Name plate signs not exceeding one (1) square foot in gross area accessory to a single-family or two-family dwelling.
2. 
Business signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises.
3. 
Real estate signs not exceeding thirty-two (32) square feet in area.
4. 
Construction signs not exceeding thirty-two (32) square feet in area.
5. 
Temporary signs to include garage sale signs, banners, and changeable copy signs.

Section 403.140 Prohibited Signs.

[R.O. 2012 §403.140; Ord. No. 90-4-2 §1, 4-2-1990; Ord. No. 04-7-5, 7-6-2004]
No attention-attracting device, temporary sign, or other sign which does not conform with this Section shall hereafter be erected or set in place. No vehicle, van or trailer which is inoperable or improperly licensed may be used as a sign, sign support or sign structure.

Section 403.150 Non-Conforming Signs.

[R.O. 2012 §403.150; Ord. No. 90-4-2 §1, 4-2-1990]
A. 
All existing signs which do not conform to these regulations shall be subject to the following procedures:
1. 
All non-conforming temporary signs as defined herein shall be removed within one (1) year of the effective date of this regulation.
2. 
All non-conforming wall signs, roof signs, projecting and marquee signs may remain in use until the displayed copy requires modification or replacement due to change in occupant or due to structural failure. All abandoned signs or signs with either partial or total destruction shall be removed within ninety (90) days.
3. 
Attention attracting devices shall not be replaced when removed or dismantled for repair or when they become structurally obsolete. All flashers, beacons, and similar attention attracting light sources shall be made non-blinking or non-flashing not later than one (1) year from the date of passage of this Chapter.
4. 
All non-conforming junior poster panels, painted bulletins, or standard poster panels, normally referred to as "outdoor advertising," and any non-conforming detached signs, may remain in use until the structural framework or supporting members, one (1) or more parts thereof, require modification or replacement at which time the structure shall be made conforming or be removed from the premises. The changing of the copy or advertising material on the face of the structure shall not be deemed modification or replacement.