[Ord. No. 649 §1, 3-4-2002]
The lawful use of land and advertising signs and bulletin boards
which do not conform to the provisions of the Code shall be discontinued
within one (1) year from the date of the approval of any zoning ordinance
and the use of land and signs and bulletin boards which become non-conforming
by reason of a subsequent change in that ordinance shall also be discontinued
within one (1) year from the date of the change.
[Ord. No. 678 §1, 3-3-2003]
A.
It
is the purpose of this Article to protect and promote the health,
safety and general welfare of the community; to regulate signs such
that they will not, by reason of their size, location, construction
or manner of display, endanger the public safety of individuals, confuse,
mislead or obstruct the vision necessary for traffic safety.
B.
It
is further the intent of this Article to protect property values and
to promote the preservation of Concordia's character and natural scenic
beauty in order to create a more aesthetically pleasing environment
while allowing our community's businesses the opportunity to market
their services and products.
C.
Finally,
it is the intent of this Article to promote the attractive use and
placement of signs as an integral part of our Comprehensive Plan for
municipal development and consistent with the property rights guaranteed
to all persons by the Constitutions of the United States and the State
of Missouri.
[Ord. No. 678 §1, 3-3-2003]
For the purpose of this Article, the following words and phrases
shall have the meaning ascribed to them in this Section. If any terms
defined in this Section differentiates from definitions elsewhere
in the Zoning Regulations, the definition herein shall control for
the purposes of enforcing, applying and interpreting the sign regulations
set forth in this Article.
A sign employing actual motion or the illusion of motion.
Animated signs which are differentiated from changeable signs as defined
and regulated by this Article include the following types:
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or both of the classifications noted below:
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purpose of this Article, flashing will not be defined as occurring if the cyclical period between on/off phases of illumination exceeds four (4) seconds.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
A person for whom a sign is proposed to be erected, requesting
that a sign permit be issued.
A sign attached to a building or other structure.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also WALL SIGN.
A detached or freestanding sign having one (1) or more panels
designed to contain informative messages of advertisement which are
changed from time to time, not appurtenant to the use of, products
sold on, or the sale or lease of, the property on which it is displayed.
A sign with the capability of content change by means of
manual or remote input including signs that are:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually.
ELECTRICALLY ACTIVATEDChangeable sign whose message, copy or content can be changed by means of remote electrically energized on/off switching combinations of alphabetical or pictographic components arranged on a display surface. Illumination may be integral to the components such as characterized by lamps or other light-emitting devices or it may be from an external light source designed to reflect off the changeable component display.
A sign principally supported by a structure affixed to the
ground and not supported by a building, including signs supported
by one (1) or more columns, poles or braces placed in or upon the
ground.
A monument sign identifying the name of a subdivision or
other residential development approved as a single development.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish.
It shall not include any of the above-mentioned activities when performed
as an incident to the change of advertising.
An electrically activated changeable sign whose variable
message capability can be electronically programmed.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
An illuminated non-flashing sign whose illumination is derived
entirely from an external artificial source and is so arranged that
no direct rays of light are projected from such artificial source
into public streets.
Any sign placed within a building but not including "window
signs" as defined by this Article. This Article does not regulate
interior signs, with the exception of window signs.
The four (4) block area from 1st Street south of Interstate
70 to Northwest 8th Street north of Interstate 70. This area primarily
advertises to specifically draw customers from I-70.
Any sign attached flat against the marquee or permanent sidewalk
canopy of a building.
A freestanding sign orientated to the drive-through lane
for a restaurant that advertises the menu items available from the
drive-through window and which has no more than twenty percent (20%)
of the total area for such a sign utilized for business identification.
A freestanding, ground-mounted sign with a height no greater
than eight (8) feet and a width no greater than twelve (12) feet which
identifies a particular subdivision or establishment. A monument sign
must be located on the subdivision sight or establishment premise
and must conform to setback requirements as presented in future Sections
of this Article and must be placed in a position so as not to hinder
sight triangle for access onto intersecting roads.
A sign displayed after the business or product advertised
is no longer located, operating or available on the premises to which
the sign pertains.
A sign which directs attention to a business, profession,
product, service, entertainment, merchandise or goods not conducted,
sold, present or offered upon the premise or land where such sign
is located.
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on or the sale or lease of the property on which
it is displayed.
A name, identification, description, display, illustration
or device which is intended for a period of display in excess of thirty
(30) days. Any sign that is not considered a temporary sign within
this Article shall be considered permanent.
A natural person, heirs, executors, administrators or assigns,
and includes a firm, partnership or corporation, its or their successors
or assigns, or the agent of any of the aforesaid.
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
Any sign that is not permanently affixed to a building, structure
or the ground and/or is designed to be moved from place to place,
with or without wheels. Specifically included for purposes of description,
but not without limitations, are signs mounted on trailers, with or
without wheels, A-shaped "sandwich board signs" and inverted T-shaped
signs.
The lot or parcel of land used in the active conduct of business,
service, profession or activity, including but not limited to, structures,
driveways, parking lots, storage areas, landscaping and loading areas.
That State highway to which a building fronts and therefore
is the highway that services that establishment. For the parcels of
land that lie within the "Interstate 70 service area", the primary
highway will be that portion of Interstate 70 that would front the
premise if the establishment faced I-70.
A sign other than a wall sign that is attached to or projects
more than eighteen (18) inches from a building face or from a structure
whose purpose is other than the support of a sign.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign that revolves three hundred sixty degrees (360°)
about an axis. See also ANIMATED SIGN, MECHANICALLY ACTIVATED.
The minimum required distance between property line and the
building line.
Any commercial establishment consisting of wholesale business,
retail business or office, or any combination thereof, having a combined
leasable floor area of fifty thousand (50,000) square feet or more.
The floor area may be either under one ownership or multiple ownership.
Any name, identification, description, display, illustration
or device which is affixed to or represented directly or indirectly
upon a building, structure or land in view of the general public and
which directs attention to a product, place, activity, person, institution
or business. A sign shall include writing, representation or other
fixture of similar character within a building only when permanently
installed, illuminated and located in a window. The following shall
not be considered signs within the meaning of this definition:
Flags or insignia of any government.
Legal notices, identifications, information, traffic-related
or directional signs erected or required by governmental bodies.
Signs, measuring not more than four (4) square feet, designed
to direct and facilitate the flow of vehicular traffic into and out
of a commercial establishment and containing no advertising matter.
If the sign copy is mounted or painted on a background panel
or area distinctively painted, textured or constructed as a background
for the sign copy; then the sign area is measured as that area that
is contained within the outside dimensions of the background panel
or surface.
If the sign copy is mounted as individual letters and/or graphics
against a wall or fascia of a building or other structures that has
not be painted, textured or otherwise altered to provide a distinctive
background for the sign copy; then the sign area is measured as the
area enclosed by the smallest single rectangle that will enclose all
sign copy.
If the sign copy is mounted or painted on an illuminated sign
or illuminated architectural element of a building; then the entire
illuminated surface or illuminated architectural element containing
sign copy will be counted as the sign area.
If the sign copy is mounted as individual letters and/or graphics
on a canvas or likewise materials covering a structure that will produce
shade or protection from the elements of nature for a building (an
awning) and the entire awning structure is illuminated or non-illuminated;
then the sign area is measured as the area enclosed by the smallest
single rectangle that will enclose all sign copy. The names or physical
address of the establishment owning the awning shall be allowed on
the front facing of all awnings.
Number of sign faces.
One. The area of the single face only.
Two. If the interior angle between the two
(2) sign faces is forty-five degrees (45°) or less, the area will
be the area of one (1) face only; if the angle between the two (2)
sign faces is greater than forty-five degrees (45°), the sign
area will be the sum of the areas of the two (2) faces.
Three or more. The sign area will be the sum
of the area of the three (3) or more faces.
Spherical, free form, sculptural, other non-planar signs. The sign area will be the sum of the areas of the four (4) vertical
sides of the smallest polyhedron that will encompass the sign structure.
If a sign has more than one (1) component (e.g. a service stations
identification/price sign combination mounted on the same surface);
then the sign area will be the area of the smallest rectangle that
will encompass the several components of the sign.
Any commercial establishment consisting of wholesale business,
retail business or office, or any combination thereof, where the total
leased area is less than fifty thousand (50,000) square feet.
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.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than eighteen
(18) inches from the building or structure wall including signs affixed
to architectural projections from a building, provided the copy area
of such sign remain on a parallel plane to the face of the building
facade or to the face of the architectural projection to which it
is affixed.
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
an adjacent property.
[Ord. No. 678 §1, 3-3-2003]
A.
This
Article shall be known and may be cited as the Concordia, Missouri,
Sign Ordinance.
B.
All New Work Shall Conform. All signs erected, constructed
or altered in the City of Concordia shall comply with the requirements
set forth in this Article.
C.
Maintenance. It shall be unlawful to maintain a sign that
has been erected or altered in violation of this Article. Maintenance
of signs that were erected prior to the adoption of this Article is
lawful.
[Ord. No. 678 §1, 3-3-2003]
A.
Permit Required. No person shall erect any sign as defined in this Article without first obtaining a permit from the Code Official, except for those signs that are exempted from the requirement by Section 405.790.
B.
Filing Of Permit. All applications for permits as specified
above shall be filed with the Codes Official upon forms furnished
by him, and shall be accompanied by plans, to scale, showing the sign
area, the position of the sign in relation to lot lines and street,
the position of the sign in relation to adjoining buildings or structures,
the location of the building, structure or lot to which the sign is
to be erected, the method of illumination, if any, and such other
information as the Codes Official may require to assure full compliance
with this Article.
C.
Fee Schedule. The permit fee shall be calculated and distributed
to the applicant at the time of the application. The permit fee shall
not be collected unless the sign has been approved.
1.
The fee structure for all ground signs and pole sign requests shall
be calculated by use of the following formula:
Height X Square Feet X Fee = Permit Fee
Fees as set out in Chapter 150, Table B of Title I of this Code shall be assigned to the height of ground or pole signs for which a permit is requested.
D.
Limitations. The permit shall become null and void for the
following reasons:
1.
The work authorized by a permit granted under this Article has not
commenced in a six (6) month period.
2.
The work authorized by a permit granted under this Article has been
abandoned for a six (6) month period after beginning.
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Upon occurrence of either of the above-named incidents, a new
permit with all applicable fees will be required before any work may
continue.
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[Ord. No. 678 §1, 3-3-2003]
A.
Illuminated Signs. All erected or maintained illuminated
signs shall be illuminated with only non-flashing and non-intermittent
light or lights. No flashing or intermittent lamps shall be allowed.
Furthermore, no illuminated sign shall be of the intensity or brilliance
to cause glare or to impair the vision of the operator of any motor
vehicle or to otherwise interfere with such operator.
B.
Off-Premise Signs. All off-premise signs as defined in this
Article are prohibited without a proper grant from the Missouri Department
of Transportation. This provision does not apply to Official Business
Directional as provided by the State of Missouri Department of Transportation.
C.
Attached Signs. No attached sign shall obstruct any window,
door, stairway or other opening intended for ingress or for necessary
ventilation or light. No sign shall be attached to any tree or public
utility pole.
D.
Signs Erected On Natural Features. No on-premise sign may
be permitted which is erected or maintained upon trees or painted
or drawn upon rocks or other natural features.
E.
Signs Painted On Buildings. Any existing sign that is painted
directly on the surface of a building may remain and may be repainted
even though it may exceed the total allowable surface area of signs.
However, any new sign that is to be painted directly on the surface
of a building must comply to the total allowable surface area of signs
as defined in this Article.
F.
Revolving Signs. Revolving signs shall be prohibited in
the City of Concordia, Missouri, except for barbershop poles, which
shall not exceed four (4) feet in height.
G.
Projecting Signs. No signs shall project over any lot line. No sign shall project over any street or street right-of-way. No projecting sign shall be less than eight (8) feet above grade level at its lowest point nor shall extend to a height greater than twenty-five (25) feet as determined by Subsection (N) below.
H.
Setbacks.
1.
Setback from right-of-way. No sign except those
Official Business Directional signs of the Missouri Department of
Transportation shall be erected inside of the public right-of-way.
In addition, if the paved surface of the road extends to the edge
of the right-of-way, the structure supporting the sign must be located
a minimum of five (5) feet from such paved roads when measuring from
the right-of-way to supporting wall or structure. At no time shall
the nearest part of a sign, whether it be at ground level or in the
air, be erected within the public right-of-way.
2.
Setbacks from side lot lines. All signs shall be
set back at least ten (10) feet from all side lot lines. The setback
shall be determined from street or lot lines to that part of the sign
that extends nearest to said line whether it be at ground level or
above ground level. Regardless of these setbacks, no sign shall be
located such that it interferes with or impairs the vision of the
operator of any motor vehicle.
I.
Non-functional Signs.
1.
Non-functional, non-conforming signs. It shall be
unlawful for any non-conforming sign to remain on display after it
ceases to be functional. If a non-conforming sign is found to be non-functional
for a period of ninety (90) days, the owner shall be given written
notice to remove such sign in ten (10) days after the receipt of said
notice. Should the owner refuse or neglect to comply with the order,
the Board of Aldermen may order such sign to be removed by whatever
means practical and all expenses therefor shall be repaid to the City
of Concordia by the owner within thirty (30) days after demand.
2.
Non-functional, conforming signs. If a sign that
is otherwise considered to be a conforming sign according to this
Article becomes non-functional for a period of ninety (90) days, this
sign will be considered a non-functioning, conforming sign. Non-functioning,
conforming signs may remain in place for an indefinite period but
must be painted or otherwise colored a solid white, beige, blue, brown
or black color and may bear no advertising material.
J.
Portable Signs.
1.
Portable signs that bear a message to advertise or promote a product or service shall be allowed in the B-1 Central Business Zone, the B-2 Highway Business Zone, the BR-1 and BR-2 Business/Residential Zones and the I-1 and I-2 Industrial Zones. Use shall be limited to one (1) such sign per lot or parcel. Such sign, if illuminated, must comply with Subsection (A) of this Section. The placement of such sign must be in compliance with the manner set forth in Subsection (H)(1) and (2) of this Section.
Furthermore, the area of such signs shall not exceed thirty-two
(32) square feet. These signs must be held in place by stakes, guy
wires or other adequate means. These signs, as defined in this Article,
will not be considered as detached or freestanding signs.
A permit is required for these signs, however, no fees shall
be charged.
2.
Portable signs that bear a message other than advertisement or promotion of a product or service may be placed on private property in any of these zones. Such sign, if illuminated, must comply with Subsection (A) of this Section. The placement of such sign must be in compliance with the manner set forth in Subsection (H)(1) and (2) of this Section.
The sign area shall be limited to four (4) square feet in size.
These signs as defined in this Article will not be considered as detached
or freestanding signs.
A permit is required for these signs, however, no fees shall
be charged.
K.
Temporary Signs. Temporary signs as defined in this Article
shall be classified as one of the following categories and may be
placed in the right-of-way upon consent of the adjoining property
owner and shall be subject to the regulations that pertain thereto.
1.
Real estate, sale, rental or lease signs. Temporary
signs which pertain to the use, sale or lease of real estate shall
be permitted but must not exceed thirty-two (32) square feet in the
B-1 Central Business Zone, the B-2 Highway Business Zone, the BR-1
and BR-2 Business/ Residential Zones and the I-1 and I-2 Industrial
Zones.
Temporary signs which pertain to the use, sale or lease of real
estate shall be permitted in the R-1, R-2 and R-3 Zones but must not
exceed eight (8) square feet.
One (1) sign shall be allowed for each two hundred (200) square
feet.
A permit is not required for these signs.
2.
Signs on motor vehicles. Temporary signs pertaining
to the sale of motor vehicles, boats and/or trailers shall be permitted
by this Article with no permit or fee required. However, signs on
motor vehicles, boats and/or trailers which are determined by the
Code Official to be circumventing the intent of this Article are prohibited.
Circumvention shall include, but not be limited to, signs which are
continuously in the same location or signs that extend beyond the
height, width or length of the vehicle.
3.
Special event and/or announcement signs.
a.
Temporary signs pertaining to campaigns, drives or events of a political,
civic, philanthropic, educational or religious organization shall
be allowed by this Article with no permit or fee required. Such signs
must be removed not later than thirty (30) days after they are erected.
Temporary window signs measuring no more than four (4) square feet
shall be allowed in all windows and public bulletin board areas so
long as said sign is in compliance with this Article.
4.
Political signs. Signs bearing a political message
relating to an election, primary or referendum shall be permitted
without the need of acquiring a permit and may be placed in the right-of-way
upon consent of adjoining property owner and provided they are removed
by the candidate or political committee not later than one (1) week
following the election, primary or referendum to which they relate.
The Code Official of the City of Concordia, or his agent, shall remove
any signs that have not been removed within this timeframe. The removal
costs shall be sent to the candidate or committee responsible for
the placement of such signs. Any such sign placed on private property
shall also be removed within one (1) week following the election,
primary or referendum to which they relate. The Code Official shall
notify any property owner on whose property such signs have been placed
if the signs are not removed within the time period set forth.
L.
Signs For Home Occupations. Signs for home occupations shall
be limited to one (1) nameplate which may display the name of the
occupant and/or the name of the home occupation(s). Such sign shall
not exceed four (4) square feet in area and shall be non-illuminated.
M.
Affixed Signs. Signs affixed to any wall or roof of a building
or signs composed of individual letters without a background may be
located on the edge of a roof or parapet wall on a flat roof or at
the line of the eaves on other types of roofs. A sign affixed to any
of the above locations shall not project more than three (3) feet
above the area to which it is affixed as follows:
N.
Height Of Signs. No sign that is attached or affixed to
any wall of a building or roof shall extend to a height greater than
twenty-five (25) feet above the level of the ground upon which it
is erected.
O.
Freestanding Or Detached On-Premise Signs. No freestanding
or detached sign in the B-1, B-2, BR-1, BR-2, I-1 or I-2 zones shall
have a maximum area of greater than two hundred (200) square feet.
Freestanding on-premise signs shall have a height no greater than
forty-five (45) feet above the finished grade of the primary highway
it services. (See definitions for PRIMARY HIGHWAY and for INTERSTATE 70 SERVICE AREA.)
[Ord. No. 678 §1, 3-3-2003]
A.
Sign In Zones B-1, B-2, BR-1 and BR-2.
1.
In B-1, B-2, BR-1 and BR-2 zones, signs may be located and may be
window, attached, detached or projecting signs. These signs may be
single-faced or double-faced, identifying uses, goods sold or services
rendered on the premises.
2.
No lot or parcel in these zones may have more than one (1) detached sign except as provided in Subsection (3) of this Section.
3.
Lots or parcels located in these zones with more than three hundred
(300) linear feet of frontage along the public way may have two (2)
freestanding signs. Lots or parcels with more than five hundred (500)
linear feet of frontage along the public way may have up to three
(3) freestanding or detached signs. All detached signs on any one
lot or parcel shall maintain a minimum separation of one hundred (100)
linear feet.
4.
Golf courses and other outdoor recreational facilities may have non-advertising
signs appropriate to their use, i.e., driving range distance markers
and hole numbers.
5.
In no case shall the aggregate area of all signs located on any parcel
located in these zones exceed six hundred (600) square feet.
B.
Signs In the Industrial Zones.
1.
In the I-1 and I-2 Zones signs may be in accordance with Sections 405.790(H)(1) and (2) and may be attached, detached or projection signs, single- or double-faced, identifying goods sold or manufactured on the premises, or services rendered on the premises.
2.
No lot or parcel of land located in this zone shall have more than one (1) freestanding or detached sign except as provided in Subsection (3) of this Section.
3.
Lots or parcels located in these zones with more than three hundred (300) linear feet of frontage along the public way may have two (2) freestanding signs. Lots or parcels with more than five hundred (500) linear feet of frontage along the public way may have up to three (3) freestanding or detached signs. All detached signs (see Portable Signs, Section 405.790(G)) on any one lot or parcel shall maintain a minimum separation of one hundred (100) linear feet.
4.
In no case shall the aggregate area of all freestanding signs located
on lots or parcels in this zone exceed six hundred (600) linear feet.
C.
Signs In The R-1, R-2 And R-3 Residential Zones.
1.
The following signs are permitted in R-1 Residential Zones:
a.
Monument signs which identify a particular residential subdivision to be located on the subdivision site. No more than two (2) signs at each entrance may be located on any subdivision. Such sign, if illuminated, must comply with Section 405.790(A) of this Article. The placement of such sign must be in compliance with the manner set forth in Section 405.790(H)(1) and (2) of this Article.
b.
Signs, including but not limited to, home occupation signs with an
aggregate area not exceeding four (4) square feet directing and guiding
traffic on private property but not bearing advertisement matter.
2.
The following signs are permitted in R-2 Residential Zones:
a.
All signs permitted in R-1 Residential Zones.
b.
Detached signs, either single- or double-faced, one to a property, which identifies the property management and does not measure more than eight (8) square feet in size. Such sign, if illuminated, must comply with Section 405.790(A) of this Article. The placement of such sign must be in compliance with the manner set forth in Section 405.790(H)(1) and (2) of this Article.
[Ord. No. 678 §1, 3-3-2003]
A.
Applicability. This Section regulates the placement of signs
in all shopping centers and strip malls as defined in this Article.
B.
Attached Signs. In shopping centers or strip malls each store or shop front may have an attached sign aggregating four (4) square feet of area for every running foot of frontage. However, no attached sign or supporting structure shall extend more than three (3) feet above the level of a flat roof or the level of the eaves on other types of roofs. (See Section 405.790(M) Affixed Signs.)
C.
Detached Signs.
1.
Each shopping center may have one (1) detached sign directing the
public to the shopping center and identifying use of services rendered
on the premises. These signs shall have a total area of not greater
than four hundred (400) square feet. These signs shall not extend
to a height of greater than forty-five (45) feet above the finished
grade of the primary highway it services. (See definitions for PRIMARY HIGHWAY and for INTERSTATE 70 SERVICE AREA.) Directional signs measuring not more than four (4) square feet
in area, designed to direct and facilitate the flow of vehicular traffic
into and out of a commercial establishment and containing no advertising
matter shall not be considered detached signs within the meaning of
this Article.
2.
Each strip mall center may have one (1) detached sign directing the
public to the shopping center and identifying use of services rendered
on the premises. These signs shall not extend to a height of greater
than forty-five (45) feet above the finished grade of the primary
highway it services. (See definitions for PRIMARY HIGHWAY and for INTERSTATE 70 SERVICE AREA.) The strip
mall may choose to have multiple detached signs in lieu of the single
sign located throughout the establishment identifying use of services
rendered on the premises. The aggregate sign area shall not exceed
six hundred (600) square feet and shall have a height of not greater
than twelve (12) feet above the level of the ground upon which they
are erected. Directional signs, measuring not more than four (4) square
feet in area, designed to direct and facilitate the flow of vehicular
traffic into and out of a commercial establishment and containing
no advertising matter shall not be considered detached signs within
the meaning of this Article.
[Ord. No. 678 §1, 3-3-2003]
A.
The
permit fee shall be calculated and distributed to the applicant at
the time of the application. The permit fee shall not be collected
unless the sign has been approved.
1.
The fee structure for all ground signs and pole sign variance requests
shall be calculated by use of the following formula:
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Height X Square Feet X Fee = Permit Fee
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The following fees shall be assigned to the height of ground
or pole signs for which a permit is requested:
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0 feet to 8 feet = $ 0.15
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over 8 feet to 15 feet = $ 0.25
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over 15 feet to 25 feet = $ 0.35
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over 25 feet to 35 feet = $ 0.45
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over 35 feet = $ 0.50
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2.
The fee structure for wall signs for which a variance is requested
shall be calculated by use of the following formula:
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Fee X Square Feet = Permit Fee
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The following fee shall be assigned to all wall signs for which
a permit is requested:
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$1.00 per square foot
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[Ord. No. 678 §1, 3-3-2003]
A.
Structure.
1.
All freestanding, detached and monument signs, except those which
are less than thirty-two (32) square feet in size and having an overall
height of less than eight (8) feet, or those that are temporary signs
as defined by this Article shall have a frame adequately designed
and constructed for support of signage material and shall at all times
comply with the City of Concordia's Property Maintenance Ordinance.
2.
The applicant shall bear the burden of proving that the frame is
adequately constructed. The City reserves the right to require a certification
from a registered professional engineer of the State of Missouri.
B.
Welding. Qualified welders, whether done in the shop or
field, must do all welding of structural frames.
C.
Guys. Guys shall be required on the following signs:
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a.
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Project signs of horizontal length of twenty-five (25) feet
or greater.
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b.
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Freestanding signs that cannot be sufficiently anchored or supported.
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1.
Signs without guys shall be figured as cantilevers and extra care
shall be taken with the effectiveness at the anchor or supporting
end.
2.
Guys, together with the supports on the buildings, establish certain
frame members as simple beams.
3.
When there is not sufficient room for cable guys at both sides of
a sign, angle or side guys may be used. All angle or side guys shall
form an angle of no less than forty-five degrees (45°) with the
face of the sign and the wall of the building.
D.
Wind Loads. All projecting signs, roof signs, detached signs,
rectangular signs and freestanding signs shall be designed and erected
to withstand wind load experienced in this area by a registered, professional
engineer of the State of Missouri.
E.
Foundations. A base that provides protection against frost
movement shall adequately support permanent signs. Material used in
the construction of the sign base shall be of a non-deteriorating
or relatively low-deteriorating nature. All foundations must be designed
by a registered, professional engineer of the State of Missouri.
[Ord. No. 678 §1, 3-3-2003]
[Ord. No. 678 §1, 3-3-2003]
A.
Enforcement Procedure.
1.
It shall be the duty of the Code Official to enforce the provisions of this Article. If the Code Official shall find that any provision is being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, including signs or work being done, removal of illegal buildings or structures and abatement of nuisance conditions. A copy of such notice is not a prerequisite to bringing any legal action noted in Subsection (2) below and the failure to give notice shall not in any way affect such legal action.
2.
The Code Official shall conduct on-site inspections to insure compliance
with all applicable laws and conditions attached to permit approvals.
The Code Official shall also investigate all complaints of alleged
violations of this Article.
3.
The Code Official shall keep a complete record of all essential transactions
of the office, including applications submitted, permits granted or
denied, variances granted or denied, revocation actions, violations
investigated, violations found and fees collected.
B.
Legal Actions. The Municipal Officers, upon notice from
the Code Official, are directed to institute any and all actions and
proceedings, whether legal or equitable, including seeking injunctions
or violations and the imposition of fines that may be appropriate
or necessary to enforce the provisions of this Article in the name
of the City of Corcordia, Missouri. The Concordia Municipal Court,
a division of the Lafayette County Judicial Circuit Court of the State
of Missouri shall have jurisdiction to levy all fines in accordance
with Section 560.026, RSMo., and take all actions necessary as to
the enforcement of this Article.
C.
Validity. If any Section, Subsection, sentence, clause,
phrase or portion of this Article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed as a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions.
[Ord. No. 678 §1, 3-3-2003]
A.
Administrative Appeals. The Board of Adjustment shall hear
and decide matters where written appeal alleges an error in any interpretation,
order, requirement, decision or determination of the Code Official
in the enforcement of this Article. The action of the Code Official
may be modified or reversed by the Board of Adjustment by a concurring
vote of a majority of the Board members.
B.
Variances. The Board of Adjustment shall decide upon written
requests for variances from the terms of this Article. Variances shall
be limited to variations in the dimensions and placement of signs.
Before the Board may grant a variance, it must find that a relaxation
of the terms of this Article is warranted because literal enforcement
of this Article would result in undue hardship. The burden of showing
undue hardship is on the applicant. Before the Board may exercise
its discretion and grant a variance on the grounds of undue hardship,
the applicant must show that:
1.
The plight of the applicant is due to unique circumstances arising
out of conditions peculiar to the property in question and not due
to the general conditions in the neighborhood.
2.
The alleged hardship includes substantially more than mere inconvenience
or inability to attain higher financial return or both.
3.
The sign to be authorized by the variance will not alter the essential
character of the neighborhood.
4.
The alleged hardship is not the result of actions taken by the applicant
or a prior owner of the property.
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The Board of Adjustment shall grant a variance only upon the
concurring vote of a majority and, in so doing, may prescribe conditions
and safeguards as are appropriate for carrying out the intent and
purposes of this Article.
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C.
Appeal Procedure.
1.
Appeals to the Board of Adjustments may be taken by any person aggrieved
or by an officer, department, any board or bureau of the City of Concordia,
any neighborhood organization as defined in Section 32.105, RSMo.,
representing an aggrieved person affected by any decision of the Code
Official or Building Inspector. Such appeal shall be taken within
thirty (30) days of such decision by filing with the Code Official
and with the Board of Adjustment a notice of appeal specifying the
grounds thereof. The Code Official shall forthwith transmit to the
Board all the papers constituting the record upon which the action
appealed is taken.
2.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Code Official certifies to the Board after the notice
of appeal has been filed with him/her that by reason of facts stated
in the certificate a stay would, in his/her opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed otherwise than by proper legal notice.
3.
The Board shall fix a reasonable time for the hearing of the appeal,
give not less than fifteen (15) days' public notice thereof in the
official newspaper of the City, as well as due notice to the parties
in interest and decide the same within a reasonable time. Upon the
hearing, any party may appear in person or by agent or by attorney.
4.
A non-refundable administrative fee as set out in Chapter 150, Table B of Title I of this Code shall be paid to the City Clerk at the time the application is filed and the applicant shall obtain a receipt therefor which shall be delivered to the Mayor of the City. An additional non-refundable fee, as set out in Chapter 150, Table B of Title I of this Code, shall be paid to the City Clerk prior to the time publication of the notice of public hearing is ordered by the Board of Adjustment of the City in the official newspaper of the City and the applicant shall obtain a receipt therefor which shall be delivered to the Mayor of the City. All fees received hereunder by the City Clerk of the City shall be paid over to the credit of the General Revenue Fund of the City.
5.
The permit fee shall be calculated and distributed to the applicant
at the time of the application. The permit fee shall not be collected
unless the Board of Adjustment grants the requested variance.
a.
The fee structure for all ground signs and pole sign variance requests
shall be calculated by use of the following formula:
Height X Square Feet X Fee = Permit Fee
Fees as set out in Chapter 150, Table B of Title I of this Code, shall be assigned to the height of ground or pole signs for which a variance may be requested.
6.
Within twenty (20) days of the public hearing, the Board of Adjustment
shall reach a decision on the requested appeal and shall inform, in
writing, the appellant, the Code Official and the Board of Aldermen
of its decision.
7.
Upon official notification of the decision of the Board of Adjustment,
the Code Official shall take all necessary action as instructed by
the Board of Aldermen.
D.
Further Appeals.
1.
In exercising the above powers, the Board of Adjustment may reverse
or affirm wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.
Any owners, lessees or tenants of buildings, structures or land jointly
or severally aggrieved by any decision of the Board of Adjustment
may appeal to the Board of Aldermen for review within thirty (30)
days after the decision has been rendered.
2.
Any person aggrieved by a decision of the Board of Aldermen (concurring
with or opposed to the decision of the Board of Adjustment), including
the City of Concordia, may present to the Circuit Court of Lafayette
County, a petition duly verified stating that the decision is illegal
in whole or in part, specifying the grounds of the illegality and
asking for relief therefrom.
