[1]
Editor's Note: Original R.O. 1994 §§ 405.450
to 405.670, derived from Ord. Nos. 94-8, 2002-14, 2004-2009, 2005-14,
2005-16, 2005-17, 2005-18, 2005-20, 2005-27, 2006-39, 2006-41, 2007-29,
2008-32, 2009-11, 2009-27, was repealed 3-16-2010 by Ord. No. 2010-17.
[R.O. 1994 § 405.450; Ord. No.
2010-17, 3-16-2010]
It is the purpose of this Article to regulate the design, construction,
location, size, height, maintenance and modification of all signs,
providing for both the appearance and the promotion of traffic safety
and to provide for the removal of unsafe, unsightly and unlawful signs
in accordance with these standards and the Building Code of the City
of Lake Ozark.
[R.O. 1994 § 405.460; Ord. No.
2010-17, 3-16-2010]
As used in this Article, the following terms shall have these
prescribed meanings:
A temporary sign consisting of two (2) sign faces placed
back-to-back and hinged together at the top in such a manner that
each sign face leans toward the other, connected at the top and forming
a self-supporting structure which is not permanently affixed to the
ground.
An off-premises advertising sign or 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.
A sign which no longer correctly identifies an existing entity,
business, owner, service, product, activity, date and time of a past
event and/or for which no legal owner can be found.
Any sign which is located on the same property, parcel or
lot as the use, object, project, place, activity, service or person
to which it refers and whose use is incidental to the principal use
of the premises.
The designated government official whose responsibility it
is to administer, interpret and enforce the provisions of this Article.
Also referred to as the City Administrator, the Community Development
Director, the Building Official or his/her appointed designees.
An area of special control that contains unique visual or
historic characteristics or whose natural beauty requires special
regulations to ensure that all billboards or off-premises advertising
signs displayed within the area are compatible with the area.
A temporary sign made of non-rigid material, including advertising
flags and pendants that are intended to advertise for a business or
special event and that is secured or mounted to posts, a building
wall or structure.
A billboard is 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 or small commercial or non-commercial
signs temporarily placed in residential lawns by residents, owner,
contractors, realtors or by or on behalf of political candidates or
issues. See "off-premises advertising sign."
See "freestanding sign."
The current addition of the Building Code, including all
revisions and changes, published by the International Code Council
and adopted by the City of Lake Ozark.
A sign usually constructed with an aluminum box frame and
internally illuminated, with an acrylic cover with vinyl lettering
or graphics that is attached to a building façade or freestanding
sign.
A sign that permits the changing of graphics, lettering,
insignia, background, illustrations or copy by either electronic or
manual methods, including time and temperature clocks with digital
displays, electronic message boards, changeable displays or product
prices and permanent changeable copy boards.
A sign comprised of standard, reverse or open face letters
and/or numbers that advertise the name of a business or organization
and that is attached to the exterior wall (façade) of a building.
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center, retail plaza, joint-use, mixed-use project,
mixed-use building or industrial park.
A temporary sign identifying individuals and firms participating
in the construction project and the future use of the parcel.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
A sign erected and maintained by local officials within the
public right-of-way that is designed and erected for the purpose of
providing direction and/or orientation for public pedestrian or vehicular
traffic to public accommodations, facilities, commercial services
and points of scenic, historical, cultural, recreation, educational
or religious interest.
A temporary sign intended to advance a political statement, cause, or candidate for office during a primary or general election and in compliance with the provisions of Section 405.520(A)(7).
[Ord. No. 2021-16, 5-25-2021]
The current edition of the National Electrical Code (NEC)
as published by the National Fire Protection Association (NFPA), including
all revisions and changes and adopted by the City of Lake Ozark. Any
sign containing or using electrical wiring or apparatus will be governed
and regulated by such code.
A highway to which access is restricted except by ramps or
interchanges.
The front, side or rear exterior wall face of a building.
A sign attached to the façade of a building with the
exposed sign face parallel to the plane of the façade. Façade
sign are illustrated in Figure 7-1 following.
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Figure 7-1: Façade Signs
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A piece of cloth, flexible vinyl or plastic attached to a
staff or pole which allows it to be moved by air, wind or other mechanical
or non-mechanical means.
A light source which, in whole or in part, physically changes
in light intensity or gives the appearance of such. This definition
excludes time and temperature signs.
A sign principally supported by a structure affixed to the
ground and not supported by a building, including signs supported
by footing, piers, one (1) or more columns, poles or braces placed
in or upon the ground. Freestanding signs are illustrated in Figure
7-2 following.
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Figure 7-2: Freestanding Signs
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The length of an exterior building wall oriented to the public
right-of-way.
The length of the property line of any single lot along a
public right-of-way.
The length of the property lines of any single lot along
a public right-of-way. Also see "frontage, property."
The vertical distance measured from finished grade at the
edge of the adjacent right-of-way to the highest point of the sign.
Signs that are temporary in nature, clearly incidental to
and customarily associated with any national, local or religious holiday.
A sign or billboard that was constructed in violation of
regulations that existed at the time it was built.
Any sign illuminated by an external or internal light source.
A light source not seen directly.
A light source that concealed or contained within the sign
and becomes visible in darkness through a translucent surface.
A complex style sign that promotes co-location of adjoining
and adjacent business's signage on a single freestanding sign structure
on an individual premises or out-lot. The purpose of a joint use sign
is to reduce the number of freestanding signs on individual premises
within a common area of development. Joint use signs are not classified
as an off-premises sign and require the recording of a sign easement
and filing a copy thereof with the Administrator.
Sign maintenance shall include repainting, cleaning, rust
removal or other normal repair but does not include altering or changing
any structural or electrical elements, nor the size, placement, materials
or location of a sign.
To alter or change the size, location, height or content
of a sign.
See "freestanding sign."
Any sign or billboard, which was lawfully erected and maintained
at the effective date of these regulations or any amendments thereto,
that does not conform to the regulations of the district in which
it is located.
A sign or billboard that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction
or other enterprise or activity that exists or is conducted, sold,
offered, maintained or provided at a location other than the premises
on which the sign is located; also referred to as "non-accessory signs"
or "billboards."
A sign that draws attention to or communicates information
about a business, service, commodity, accommodation, attraction or
other enterprise or activity that exists or is conducted, sold, offered,
maintained or provided on the premises where the sign is located;
also referred to as "accessory signs" or "principal signs."
A sign that is permanently affixed to a building surface,
roof, canopy, awning, marquee, mansard, parapet, overhang or ground
and is designed to remain at its location for thirty (30) days or
longer.
See "freestanding sign."
A lot, parcel or tract of land, with or without buildings,
that is not divided by streets, lot or property lines all of which
is in the same ownership or control.
See "on-premises sign" or "accessory sign."
A sign, image, picture, message, advertisement or any other
object that is projected by any means from a projecting machine or
device onto the surface of a building, street, white screen or any
other surface that is not part of the sign structure in which the
projection machine is located.
The operator of a business, which owns, leases or rents building
space.
See "freestanding sign."
A temporary sign that advertises the sale, lease or rental
of the property or premises upon which it is located. Off-premises
real estate signs are prohibited by this regulation.
A sign which is erected, constructed and maintained above
the roof line of a building or painted on the roof directly and that
is supported by and attached to a building. Illustrations of permitted
roof signs are shown in Figure 7-3.
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Figure 7-3: Roof Signs
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Scenic roadsides include those land areas within the municipal
limits which lie within the view shed of either side or the outermost
edge of any of the roads, which are of uncommon visual importance
or scenic attractiveness.
An additional sign permanently affixed to a building façade
that is subordinate in size and visual impact than the primary sign.
[Ord. No. 2020-43, 12-8-2020]
The minimum required distance between the property line and
the building line. For signs the setback shall be defined as the closest
that any portion of the sign, including any projection or foundation,
may be to easements, property lines or right-of-ways (measured horizontally
or vertically).
A paved public walkway constructed for pedestrian traffic
that is situated alongside a road and is constructed of concrete or
asphalt pavement.
A sign is an object, display, device, graphic 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.
The facing of a sign, including copy, insignia and background,
including structural supports, border, trim and molding inside the
limits of the display or advertising surface. The measurement shall
be determined by the area of the smallest rectangle inclusive of all
letters and images.
Anything built that requires a permanent location.
A sign intended to display either commercial or non commercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground are considered temporary signs. Temporary signs cannot be used
for more than thirty (30) consecutive days in duration and no more
than four (4) instances of use during the calendar year. A new application
cannot be applied for within thirty (30) days of the previous temporary
sign permit that was approved by the Administrator. [See Section 405.500(3)(d)(5)
for temporary signs in a "C-1" District.]
All exterior wall areas of a building.
See "façade sign."
Any sign painted on, attached to or displayed in a window
so as to direct attention of persons outside the building to a product,
activity or business therein.
[R.O. 1994 § 405.470; Ord. No.
2010-17, 3-16-2010]
A.
The Administrator or his/her appointed designees shall hereby have
the responsibility and full authority to administer and enforce all
the provisions of this Article other than those provisions specifically
reserved for the authority of the Lake Ozark Board of Aldermen or
Board of Adjustment.
B.
It shall be unlawful for any person to erect, construct, reconstruct,
alter, move or modify a sign within the City limits without having
previously obtained a sign permit from the Administrator except as
elsewhere exempted by this Article.
C.
Any person applying for a sign permit who is denied a permit may
appeal the decision to the Lake Ozark Board of Adjustment. The Board
of Adjustment may uphold, overturn or modify the Administrator's decision
in accordance with the appeal procedures established in other Chapters
of this Code. The Board of Adjustment shall not have the authority
to grant a variance or appeal that would allow any increase in the
number of permitted signs per premises or allow the construction,
alteration, expansion, relocation or enlargement of any sign specifically
prohibited by this Article.
D.
The Administrator shall investigate any complaints of violations
of this Article and may revoke a sign permit if any violation of the
provisions of this Article are found or if there is evidence of misrepresentation
of any material fact in either the sign permit application or plans.
[R.O. 1994 § 405.480; Ord. No.
2010-17, 3-16-2010]
A.
Permit Applications. All signs, unless exempted by other Sections
of this Article, shall not be erected, constructed, reconstructed,
altered, modified, moved, placed or repaired without first obtaining
a sign permit from the Administrator. Applications for sign permits
and all supporting documentation shall provide all the information
necessary for proper determination that the proposed sign conforms
to the requirements established in this Article. If a permit is granted
for a sign not erected within one hundred eighty (180) days from the
date of issuance of said permit, said permit shall expire and be deemed
void. All applications for sign permits shall be submitted to the
Administrator for review and shall contain or have attached thereto
the following information:
1.
The names, signatures, addresses and telephone numbers of the
applicant, property owner on which the sign is to be erected or attached
and the company to be erecting or installing the sign.
2.
A set of plans (to scale) and specifications of the sign to
be erected or attached detailing the method of construction, design
loads and stresses and attachment to the building or ground. Such
plans and specifications shall include dimensions, material descriptions
and electrical details (if applicable).
3.
General sign criteria, including graphic illustrations or drawings
of the sign faces or sign message.
4.
All freestanding signs require site plans drawn to scale locating
such sign(s) by dimension from lot lines, public rights-of-way or
easements and any additional information as may be required by the
Administrator to assure compliance with this Article and the Building
and Electrical Codes of the City.
B.
Schedule Of Fees. The following schedule of fees shall be paid by
all persons, corporations or companies submitting applications for
sign permits:
1.
Façade And Roof Signs. The permit fee for façade and roof signs shall be as set forth in Section 405.920 of this Chapter.
2.
Freestanding Signs. The permit fee for freestanding signs shall be as set forth in Section 405.920 of this Chapter.
4.
Off-Premises Advertising Signs (Billboards). Permit fees for off-premises advertising signs billboards shall be as set forth in Section 405.920 of this Chapter. All off-premises advertising signs will be assessed an annual business tax at a rate not to exceed two percent (2%) of the gross annual revenue produced by the off-premises advertising sign located within the City of Lake Ozark.
5.
In addition to the above schedule of fees, any person, firm,
corporation or company who erects, constructs, reconstructs, alters,
modifies, moves, places or repairs any sign without first obtaining
a sign permit from the Administrator shall be subject to a penalty
fee of one hundred dollars ($100.00) plus the sign permit fee.
C.
Inspections. The following inspections shall be scheduled by the
sign permit applicant and performed by the Administrator to ensure
that the work is in compliance with Lake Ozark Municipal Code and
the Building and Electrical Codes. Failure to schedule the required
inspections by the property owner, business owner or sign contractor
shall be cause for the approved construction permit to be repealed
and the signage to be removed from the premises.
[R.O. 1994 § 405.490; Ord. No.
2010-17, 3-16-2010]
A.
Signs and billboards shall be designed and constructed in accordance
with the requirements of the Lake Ozark Municipal Code. The following
regulations shall govern the construction, installation, repair and
maintenance of signs:
1.
Engineering Required. All freestanding and roof signs as defined
in this Article shall be required to be designed by a registered design
professional licensed in the State of Missouri and whose signature
and seal shall be affixed to the submitted construction documents.
2.
Anchoring And Attachment. The following regulations shall apply
with regard to anchoring or attachment of signs:
a.
No permanent sign shall be suspended by non-rigid attachments
that will allow the sign to be moved by wind or swing in the wind.
b.
Façade and roof signs attached to masonry, concrete or
steel shall be safely and securely fastened by means of metal anchors,
bolts or approved expansion screws of sufficient size and anchorage
to safely support the loads applied.
c.
All freestanding signs shall have self-supporting structures
erected on and permanently attached to concrete foundations.
3.
Design Standards. All signs shall comply with the Building and
Electrical Codes of the City with regard to wind loads, seismic loads,
working stresses, attachment and electrical service and illumination.
Additionally, all signs shall conform to the following:
a.
No sign shall be erected, installed, constructed or maintained
so as to obstruct any fire escape, exit, window or door opening used
as a means of egress.
b.
No sign shall be attached any form, shape or manner which will
interfere with any required opening for light or ventilation.
c.
Signs shall be located in such a way as to maintain the required
horizontal and vertical clearance from any overhead electrical conductors.
d.
All support poles shall be clad to architecturally enhance the
appearance of the sign. Such cladding shall be limited to a maximum
of one hundred fifty percent (150%) of the width of the support pole
and shall not contain advertising materials or logos of any kind,
but may contain decorative features.
4.
Maintenance.
a.
All signs and components, supports and parts thereof shall be
maintained in good repair, free of rust, peeling, flaking or fading
paint, broken, cracked, ripped, torn or missing letters or parts.
b.
The owner of any property upon which any sign or billboard is
placed and the person maintaining the sign shall be equally responsible,
individually and jointly, for the condition of the area in the vicinity
of the sign and shall be required to keep it clean, sanitary and free
from obnoxious or offensive substances, rubbish or weeds.
c.
If any sign herein regulated is or becomes unsecured or in danger
of falling or otherwise unsafe or if any sign shall be unlawfully
installed, erected or maintained in violation of any of the provisions
of this Article or other applicable City Code, the owner thereof or
the person or firm maintaining the same shall, upon written notice
from the Administrator, make such sign conform to this Article or
other City Codes within ten (10) days of the date of such order or
notice or shall remove such sign. If within ten (10) days the order
is not complied with, such sign, advertising structure or device may
be removed or altered by the City under the direction of the Administrator
at the expense of the owner of the sign, permit holder, owner of the
property or person maintaining the sign as determined by the City.
d.
In the case of immediate danger of collapse, structural failure
or electrical hazard, the Administrator shall direct the owner thereof
or the person or firm using such signage to have the dangerous, hazard
conditions removed immediately.
e.
Any sign that, because of lack of maintenance or upkeep, vandalism,
accumulation of litter, refuse or debris or general deterioration,
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.
[R.O. 1994 § 405.500; Ord. No.
2010-17, 3-16-2010]
A.
Purpose. On-premises signage is intended for the advertisement of the business upon the property upon which the sign is located. Advertisement for any activity, businesses, event or message not related to the business conducted upon the property upon which the sign is located, except community service events or activities within the City of Lake Ozark or any other condition that would cause the sign to be defined as an off-premises advertising sign or billboard in accordance with Section 405.510 of this Article, shall be governed by Section 405.510 of this Article and shall not be deemed to be a sign within this Section.
1.
In accordance with this Article, the following general guidelines
illustrate the types of on-premises signs that are permitted within
the City of Lake Ozark after review and approval of a sign permit
application by the Administrator.
2.
Residential Uses.
a.
Each single-family, two-family or multi-family residential development
or subdivision shall be permitted one (1) freestanding monument sign
at each entrance to the residential subdivision development and shall
comply with the following regulations:
(1)
Monument signs for residential uses shall not be
constructed or placed so as to obstruct the intersection clear site
triangle as determined by the City and shall be set back no less than
five (5) feet from adjacent property lines or street right-of-way.
Residential monument signs may be illuminated but shall not be permitted
to be a flashing sign or a changeable copy sign.
(2)
Monument signs for residential subdivisions or
developments shall not be larger than sixty (60) square feet, including
the supporting structure, trim, molding, stone, concrete, brick or
other architectural or structural elements. Copy shall not exceed
sixty percent (60%) of the total sign area. The maximum height shall
be limited to five (5) feet and the maximum length shall be twelve
(12) feet.
b.
Home Occupations. A sign not exceeding six (6) square feet,
attached flat against the building, stationary and non-illuminated,
announcing only the name, address, occupation and telephone number
of the resident shall be permitted.
3.
Non-Residential Uses.
a.
Façade Signs.
(1)
Each commercial business shall be allowed façade
signs on any wall of that particular business fronting on a street
(building frontage). Façade signs shall extend no further than
eighteen (18) inches from the wall and shall have a minimum of eight
(8) feet of clearance above finish grade. A façade sign shall
not extend beyond the edges of the exterior wall to which it is attached.
Façade signs do not include signs located on the inside of
premises. Façade signs are limited to primary structures.
(2)
The total sign surface area of all façade
signs allowed for a business shall be calculated based upon the square
footage of each wall having frontage on a street. The gross surface
area for façade signs shall not exceed fifteen percent (15%)
of the total area of a single façade (building frontage area).
For multi-tenant buildings, a single façade (building frontage)
shall be the suite or area occupied by one (1) business and that is
bound or separated from other businesses by interior or exterior walls.
(3)
In the "C-1" Zoned Central Business District, principal
façade signs shall be calculated so as not to exceed fifteen
percent (15%) of the total area of a single façade (building
frontage area). The combined total surface area of all secondary signs
cannot exceed sixty percent (60%) of the allowed principal sign area.
[Ord. No. 2020-43, 12-8-2020]
b.
Freestanding Signs.
(1)
Each commercial or industrial premises shall be
permitted no more than one (1) freestanding sign per street frontage
(property frontage) unless specifically authorized or prohibited by
other Sections of this Article. Freestanding signs may be illuminated.
The maximum freestanding sign area for a premises shall be figured
as follows:
(a)
Street Frontage Less Than One Hundred (100) Lineal
Feet. Twenty (20) square feet of sign area, plus one (1) square foot
of sign area per two (2) lineal feet of street frontage.
(b)
Street Frontage Of One Hundred (100) To Two Hundred
(200) Lineal Feet. Thirty (30) square feet of sign area, plus one
(1) square foot of sign area per two (2) lineal feet of street frontage.
(c)
Street Frontage Of Two Hundred One (201) To Three
Hundred (300) Lineal Feet. Forty (40) square feet of sign area, plus
one (1) square foot of sign area per two (2) lineal feet of street
frontage.
(d)
Street Frontage Of Three Hundred One (301) To Four
Hundred (400) Lineal Feet. Fifty (50) square feet of sign area, plus
one (1) square foot of sign area per two (2) lineal feet of street
frontage.
(2)
The maximum surface area for any freestanding sign
shall not exceed two hundred fifty (250) square feet and the maximum
height for any freestanding sign shall not exceed twenty-five (25)
feet from street elevation.
Exception: Premises with property frontage in excess of three
hundred (300) lineal feet along a street shall be permitted to have
a maximum freestanding sign height of thirty-five (35) feet from street
elevation.
(3)
Each retail complex, mixed use building or joint
use development shall provide one (1) freestanding sign to identify
the businesses co-located in the joint-use, retail complex or mixed
use building for which the signage is intended to serve. This joint-use
sign shall also be permitted to contain the name of the premises,
retail building or development. Joint-use sites shall establish a
sign easement that accommodates the freestanding sign for all businesses
within the development site. A copy of the recorded sign easement
shill be submitted to the Administrator with the sign permit application.
(4)
Premises which have more than four hundred fifty
(450) feet of property frontage along a street may have one (1) additional
freestanding sign for each additional four hundred fifty (450) feet
of property frontage or fraction thereof, provided a minimum of three
hundred (300) feet of separation is maintained between all freestanding
signs on a given premises and a setback of twenty-five (25) feet from
adjacent property lines is maintained for all freestanding signs on
the premises.
(5)
No freestanding sign other than an official traffic
sign or similar shall be erected or placed within five (5) feet of
any right-of-way or easement.
(6)
No freestanding sign or sign structure shall be
erected at the intersection of any street, parking lot or vehicle
entrance and exit area in such a manner as to obstruct free and clear
vision by interfering with or obstructing the view of motorists.
c.
Roof Signs.
(1)
A roof sign is any sign erected upon, against or
directly above a roof as shown in Figure 7-3 of this Article.
(2)
Each commercial premises or business may only have
one (1) roof sign. Roof signs shall not be permitted in conjunction
with façade signs on the same building frontage. Roof signs
are limited to primary structures and may be illuminated.
(3)
Roof signs shall be setback from the outside walls
of the building no less than two (2) feet and no part of the sign
shall extend beyond any exterior wall or common fire separation wall.
(4)
The maximum height of any roof sign shall not exceed
five (5) feet.
(5)
The method used to determine the allowable roof
sign area shall be the same method used to determine façade
sign area. The total sign surface area of a roof sign allowed for
a business shall be calculated based upon the square footage of a
building wall having frontage on a street. The gross surface area
for roof signs shall not exceed fifteen percent (15%) of the total
area of a single façade (building frontage area). For multi-tenant
buildings, a single façade (building frontage) shall be the
suite or area occupied by one (1) business and that is bound or separated
from other businesses by interior or exterior separation walls.
d.
Temporary Signs.
(1)
Temporary signs are signs intended to display either
commercial or non-commercial messages of a transitory or temporary
nature. Portable signs or any sign not permanently embedded in the
ground or not permanently affixed to a building or sign structure
that is permanently embedded in the ground are considered temporary
signs.
(2)
Temporary signs shall be limited to a maximum of
thirty-two (32) square feet of sign area and no more than two (2)
temporary signs per business or street frontage.
Exception: A-frame/easel temporary signs shall be limited to
a maximum of nine (9) square feet of sign area and no more than one
(1) A-frame sign per business or street frontage.
(3)
Temporary signs shall be constructed of a durable
material and must be kept in serviceable condition. Frayed, torn,
faded or broken temporary signs are prohibited. Temporary signs shall
be safely and adequately secured, attached, weighted or anchored to
prevent accidental movement of the sign. Temporary signs shall not
be attached or placed on any vehicle, trailer, boat or farm implement.
(4)
Temporary signs shall not be placed within the
public right-of-way nor be constructed or placed so as to obstruct
the intersection clear site triangle as determined by the City and
shall be set back no less than five (5) feet from the public right-of-way.
Exception: A-frame/easel temporary signs upon permit approval
may be placed on a public sidewalk in a "C-1" Zoned Central Business
District. No temporary A-frame/easel sign shall be placed on a public
sidewalk so as to leave less than five (5) feet of clearance for pedestrians.
No A-frame/easel sign shall remain on any public sidewalk adjacent
to any premises at any time when the premises are closed to the public.
(5)
Temporary signs cannot be used for more than thirty
(30) consecutive days in duration and no more than four (4) instances
of use during the calendar year. A new application cannot be applied
for within thirty (30) days of the previous temporary sign permit
that was approved by the Administrator.
Exception: Temporary signs in a "C-1" Zoned Central Business
District are permitted for a period of six (6) months [one hundred
eighty (180) consecutive days]. Temporary signs in a "C-1" District
shall be charged a permit fee of fifty dollars ($50.00) per sign for
the full one hundred eighty (180) consecutive days in which said sign
is displayed and shall comply with all other requirements for temporary
signs.
[Ord. No. 2017-27, 8-22-2017; Ord. No. 2020-43, 12-8-2020]
(6)
Failure to remove non-conforming temporary signs,
dilapidated temporary signs or temporary signs for which the permit
has expired shall result in a Code violation fine and/or removal by
the City at the owner's expense as previously described in this Article.
e.
Changeable Copy Signs. Changeable copy sign(s) shall mean any
sign on which the message, letters, characters, illustrations or other
symbols can be changed, replaced or rearranged on the surface of the
sign.
(1)
Included in this definition are time and temperature
clocks with digital displays, electronic message boards, changeable
displays or product prices and permanent changeable copy boards.
(2)
A sign wherein written messages are indicated by intermittent lighting shall not be deemed to be flashing sign, but shall be held to the same lighting restrictions concerning resemblance of common emergency and traffic lighting and placement and shall be permitted in "C-1," "C-2," "C-3" and "M-1" Districts. Changeable copy signs shall comply with the illumination requirements contained in Article II.
(3)
At no time shall a changeable copy sign display
animated pictures or video clips and in no event shall the text or
images of such signs change more often than every five (5) seconds.
(4)
Changeable copy signs are permitted as or as part
of any permitted freestanding sign or façade sign subject to
the provisions of this Article and the regulations established for
such signs.
(5)
In addition to the general requirements for sign maintenance, all changeable copy signs shall bear a legible message, other suitable display or left blank. Electronic devices when not in use may be left blank and unlighted. Any lighted or electronic changeable copy sign in which the electrical or lighting components are operating in an erratic, broken or damaged fashion shall be turned off until repaired within thirty (30) days. Repair must take place within thirty (30) days or such sign shall be removed in accordance with Section 405.550 and other applicable Sections of this Article.
[R.O. 1994 § 405.510; Ord. No.
2010-17, 3-16-2010]
A.
Off-premises advertising signs and billboards shall be subject to
all the provisions of this Article and under Sections 226.500 to 226.600,
RSMo., and other State and Federal laws pertaining to such signs.
To the extent the provisions of this Section and Article differ from
the provisions of Sections 226.500 to 226.600, RSMo., and other State
and Federal laws, the provisions of this Article shall apply. Notwithstanding
other provisions of this Article or any other municipal regulation
which applies to off-premises advertising signs or signs in general,
the following regulations shall apply to any such off-premises advertising
sign lawfully erected after the date of adoption of these regulations.
1.
Location Of Signs.
a.
Off-premises advertising signs shall only be permitted within
two hundred (200) feet of the nearest edge of the right-of-way of
existing Highways 54 and Business 54 (Bagnell Dam Boulevard) and for
future Highway 54 Expressway in areas zoned "C-2," "C-3" and "M-1"
and does not include any off-premises advertising signage for the
proposed Horseshoe Bend Parkway extension or any other parkway, commercial
corridor or arterial street.
b.
Off-premises advertising signs along the proposed Horseshoe
Bend Parkway extension or any future expressway, parkway, commercial
corridor or arterial street shall not be permitted. When any future
expressway, commercial corridor or arterial City street is complete,
the City will conduct a study within one (1) year of highway or street
completion to determine the economic and visual impacts of off-premises
sign within the corridor.
c.
No off-premises advertising sign shall be located within one
thousand (1,000) feet of any "R," "M-S," "T-H," "LMU" or residential
"PUD" zoning district.
d.
No off-premises advertising sign shall be permitted in areas of special control designated by the Board of Aldermen by ordinance such as architectural, historic or scenic areas or scenic roadsides unless the Board of Aldermen adopts special regulations for off-premises signs in areas of special control which shall be consistent with the character of the area of special control pursuant to Section 405.570 of this Article.
e.
No off-premises advertising sign shall be located within one
thousand (1,000) feet of any church, school or park.
2.
Size Of Signs. The maximum area for any one (1) sign shall be
seven hundred (700) square feet with a maximum sign face height of
fifteen (15) feet and width of fifty (50) feet.
3.
Height Of Signs. The total maximum height of any off-premises
advertising sign shall be thirty-five (35) feet from the mean average
elevation of the nearest adjacent street or the base elevation on
the site on which the sign is placed.
4.
Spacing Of Signs.
a.
No off-premises advertising sign shall be erected within two
thousand (2,000) feet of any other existing off-premises sign in any
direction, which includes measurements from signs located outside
the City's political boundaries.
b.
No off-premises advertising sign shall be erected within two
thousand (2,000) feet of an interchange, intersection at grade or
safety rest area.
5.
Sign Illumination. Illumination of off-premises advertising signs shall be permitted, subject to the provisions of Section 226.540, RSMo., and Section 405.540 of this Article. No off-premises advertising sign shall be so illuminated that it:
6.
Permits.
a.
The Administrator shall not issue a permit for any off-premises
advertising sign as required by this Article without a permit having
first been issued by the Missouri Department of Transportation where
applicable and a copy filed with the Administrator.
b.
Identification Number. All off-premises advertising signs shall
have a permanent identification number and permit number affixed to
the sign as issued by the City upon final inspection and approval
by the Administrator. Failure to affix or maintain such identification
number and permit number on any approved off-premises advertising
sign shall be grounds for permit repeal and/or Code violation fines
as described elsewhere in this Article.
c.
Business Tax. All new and existing off-premises advertising
signs subject to this Article shall be taxed at the rate of two percent
(2%) of the gross annual revenue produced by the sign. An annual report
for the gross revenue for each permitted sign shall be submitted to
the City Clerk and is required by this Article. Failure to produce
such a report or failure to produce a factual and accurate report
of earnings for such permitted sign shall be a violation of this Article,
shall be grounds for sign permit expiration and shall be punishable
by Code violation fines as described in this Article. Such a report
of gross revenue for each sign shall be due by January 30 of each
year for the previous year. Said tax shall entitle the permit holder
to renewal without additional annual permitting fees.
[R.O. 1994 § 405.520; Ord. No.
2010-17, 3-16-2010]
A.
The following signs shall be exempt from the requirements of this
Article and do not require a permit or fees, but shall comply with
other requirements of this Article:
1.
Municipal, State or Federal signs, legal notices, traffic signs
or signs to aid safety.
2.
Signs announcing the name of the architect, engineer or contractors
of a building under construction, alteration or repair, not to exceed
thirty (30) days from the date of issue of the certificate of occupancy
for such building. Such signs shall not be larger than thirty-two
(32) square feet.
3.
Signs announcing the character of the building enterprise or
the purpose of which the building is intended not to exceed thirty
(30) days from the date of issue of the certificate of occupancy for
such building. Such signs shall not be larger than thirty-two (32)
square feet.
4.
Holiday decoration type signs, yard sale, garage sale or "No
Trespassing" signs.
5.
Real Estate Signs. Rear estate signs shall be placed only on
the property advertised and shall not be displayed on public property.
No flags, banners, lights or other attraction devices may be used
in conjunction with real estate signs. There is no time limit in effect
for real estate signs, so long as the property remains verifiably
listed on the market. Real estate signs shall comply with the following
regulations:
a.
Residential Property, One- and Two-Family Dwellings. Real estate
signs placed in residential use districts or on such properties shall
not have a surface area of more than nine (9) square feet and shall
not exceed three (3) feet in width at the widest point.
b.
Commercial Property. Real estate signs for advertised commercial
property less than one (1) acre in size shall be limited to twenty
(20) square feet of printed area, not to exceed four (4) feet in width
at the widest point, and shall be limited to one (1) sign per two
hundred (200) feet of street frontage. Real estate signs for advertised
commercial property over one (1) acre shall be permitted a maximum
sign area of thirty-two (32) square feet, with a maximum width of
eight (8) feet at the widest point, and shall be limited to one (1)
sign per three hundred (300) feet of street frontage.
c.
Undeveloped Property. Real estate signs for advertised undeveloped
property adjacent to four (4) lane public streets or roads having
a speed limit above forty (40) miles per hour, having a property area
greater than five (5) acres and where such sign is placed at least
three hundred fifty (350) feet from the centerline of such street
or road are permitted to be a maximum of eighty (80) square feet of
printed area on both sides of the sign, not to exceed sixteen (16)
square feet in width at the widest point.
6.
Signs to advertise public or civic welfare or charitable enterprises
placed on stakes, poles, posts or buildings not more than fifteen
(15) days prior to such event and shall be removed immediately following
the event.
7.
Election Signs. Signs used for the purpose of any elections of individuals or for the purpose of promoting or recanting of any current election ballot proposal shall be limited to no larger than thirty-two (32) square feet and are restricted in use until thirty (30) days prior to the actual election day of said candidate or ballot issue. It shall be the lawful duty of each candidate to remove such signage within seven (7) days after said election date. All such candidate or ballot issue signs shall be in adherence to all applicable Missouri State election Statutes. No election sign shall be placed on or within a public right-of-way or attached to a utility pole within a public right-of-way or placed in such a way as to create a traffic hazard. Any election sign placed upon any public right-of-way is subject to removal and disposal by the City's Public Works Department. Any election sign placed upon private property shall be done so only with the express permission of an owner of the property. Any individual placing a sign upon private property without the express permission of an owner may be subject to penalty for trespassing under Chapter 210, Offenses, Article VII, of the City's Code.
[Ord. No. 2021-16, 5-25-2021]
8.
Flags of any nation, government or non-commercial organization.
[R.O. 1994 § 405.530; Ord. No.
2010-17, 3-16-2010]
A.
The following are expressly prohibited unless specifically exempted
by other Sections of this Article.
1.
Off-Premises Signs. Except as permitted by other Sections of
this Article.
2.
Animated Or Moving Signs. Illuminated or non-illuminated signs
employing movement by mechanical or natural means, which are adjacent
to road rights-of-way, including, but not limited to, animated pictures
or video clips, propellers, discs, flags and searchlights.
3.
Flashing Signs. Illuminated signs on which the artificial light
or lights are not maintained stationary or constant in intensity and
color at all times when such sign is illuminated. Such signs shall
be allowed by approved permit in a "C-1" zoning district only but
shall not be permitted to resemble or be construed to resemble, or
be construed to resemble, those customarily used by emergency vehicles
(i.e. no dominant, red, blue or yellow lights) or common traffic signals
and shall contain no dominating or emphasizing word which may be misconstrued
in any way or effect a public safety warning or reference.
4.
Projection Signs. Signs that reproduce an image, movie, message,
lettering or any advertisement, by optical means, on an adjacent surface
that is not part of the sign structure.
5.
Vehicular Signs. Signs displayed on, attached to or painted
on parked or stationary vehicles, trailers, semi-trailers, recreational
vehicles or farm implements in public view parked on public or private
property and where the primary purpose is to advertise a product or
business or to direct people to a business, event or activity. For
the purpose of this regulation, vehicular signs shall not include
business logos or identification on vehicles primarily used for other
business purposes.
6.
Obscene Or Offensive. Signs containing statements, words, pictures
or likenesses of an obscene or indecent character which appeal to
the prurient interest in sex or any immoral or illegal matter or which
are patently offensive and do not have serious literacy, artistic,
political or scientific value are deemed unlawful and will not be
permitted.
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, extend into or be placed in the public right-of-way
or attached to any City, State or Federal sign or utility pole is
prohibited.
B.
Prohibited or illegal signs shall be removed upon written notification
from the Administrator or shall be removed by the City at the expense
of the property owner.
[R.O. 1994 § 405.550; Ord. No.
2010-17, 3-16-2010]
Any sign which advertises an activity, business, product or
service no longer available or conducted on the premises where the
sign is located and/or any sign or sign structures or any off-premises
sign in reference to such premises no longer in use are prohibited
and must be removed by the owner and/or lessee of the property or
facility within thirty (30) days after written notification from the
Administrator. Failure to remove said sign(s) shall constitute a nuisance
and the City shall have the right to remove.
[R.O. 1994 § 405.560; Ord. No.
2010-17, 3-16-2010]
A.
Any on-premises or off-premises sign which exists at the time that
this Article becomes effective shall, within limitations, be permitted
to exist so long as the criteria hereinafter stated exist. For the
continuation of an existing on-premises or off-premises sign to continue
to be in use, that sign must be structurally sound, present no safety
threat to any person or any property, does not create a nuisance and
be constructed and located in such a manner that it does not impede
safe traffic flow or firefighting operations.
1.
Continuance. Each non-conforming sign and sign structure shall
be allowed to continue in use pursuant to the express provisions of
this Section or any time limit established for such sign by the City's
Board of Adjustment or Board of Aldermen at the time the sign was
permitted.
2.
Removal. Once a sign no longer meets the express criteria for
continued use as a non-conforming use as set forth in this Section,
that sign or non-conforming sign shall be removed at the owner's or
leaser's expense upon written notice from the Administrator within
ten (10) days. Additionally, non-conforming signs and sign structures
shall be removed at the owner's or leaser's expense under the following
conditions or circumstances:
a.
The sign is abandoned for a period of one hundred eighty (180)
consecutive days.
b.
The sign becomes damaged or dilapidated to fifty percent (50%)
or more of its physical structure or economic value as determined
by the City.
c.
The sign experiences structural failure of any kind, from any
cause, such sign shall be removed or brought into conformance.
d.
The sign is modified or altered so as to increase the degree
or extent of the non-conformity of the sign to include additional
sign faces or lighting.
e.
The sign shall not be structurally altered (except to meet safety
requirements) so as to prolong the life of the sign.
[R.O. 1994 § 405.570; Ord. No.
2010-17, 3-16-2010]
A.
This Section permits the Lake Ozark Board of Aldermen to set aside
designated areas for architectural, historical or scenic preservation
and for sign plazas.
C.
The Lake Ozark Board of Aldermen shall adopt special regulations
for signs in areas of special control which shall be consistent with
the character of the area of special control.
[R.O. 1994 § 405.590; Ord. No.
2010-17, 3-16-2010]
Any sign, display or device allowed under this Article 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 Article.
