[R.O. 1998 § 525.010; Ord. No. 3212, 12-7-2020[1]]
A.
It is the intent of this Chapter to regulate
and control the location, erection, number and maintenance of signs
and matters relating thereto within the City of St. Ann in order to
promote public safety, health and general welfare of the community,
without infringing upon the rights granted by the First Amendment
to the Constitution of the United States of America. These regulations
are specifically designed to:
[R.O. 1998 § 525.020; Ord. No. 3212, 12-7-2020]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
A marquee, awning or other similar architectural projection
extending beyond the main floor area of the structure with which it
is associated.
A sign of fabric, plastic, paper or other light, pliable
material, not enclosed in a rigid frame.
Any sign which: (i) is located on a lot not having a building
located on it; (ii) is visible from any point of the travelled ways
of an interstate highway; and (iii) is not a roof sign, monument sign
or projecting sign.
A sign face which can be changed using either computer-generated
images or using removable images.
Double-faced signs shall include only those signs where the
sign faces are parallel or where the interior angle formed by the
faces of a V-shaped sign is sixty degrees (60°) or less, both
faces are of equal size and the distance between the sign faces does
not exceed eighteen (18) inches.
A sign which flutters or is made of flexible materials which
moves with the wind or by some other artificial means, including,
but not limited to pennants, banners, balloons, whirligigs and streamers.
A sign supported by poles, posts or columns located on the
ground.
A sign approved by the Board of Aldermen as a historic sign
in accordance with the standards set forth in this Chapter.
A sign located on property and that is not visible from the
nearest right-of-way.
A self-supporting, freestanding sign resting on or supported
by a solid base or similar structure on a foundation in the ground.
Monument signs shall have a base that at its narrowest point is equal
to at least fifty percent (50%) of the width of the sign's sign face.
Any on-site detached sign supported by one (1) or more stationary
poles longer than two (2) feet above the mean grade line of the ground
at its base, provided that this shall not include a permitted ground
sign as set forth herein.
Any tract of land which is improved with a building or buildings
and accessory buildings or structures.
A sign attached to a building or other structure which projects
more than eighteen (18) inches from the building face and which is
constructed with the reading faces not parallel to the building face.
A self-supporting freestanding sign resting on or supported
by pylon(s) or post(s).
The highest point of the main roof structure and not to include
cupolas, pylons, projections or minor raised portions or architectural
projections of the roof.
A sign erected, constructed or maintained upon the roof of
any building.
A grouping of three (3) or more shops that have common parking
facilities.
Any device, fixture, placard or structure used to display
or communicate information of any kind.
The size of the sign face (panel) measured in square feet,
as defined by the calculations herein; or the area of the smallest
square or rectangle that can encompass all items of information if
it is a wall sign. The base of a monument sign is not considered part
of the sign area, unless it is incorporated as part of the sign itself.
The "sign area" of a multi-faced sign is the sum of the sign areas
of each face, including structural trim which can be seen from a single
location on an adjacent street. If a sign is attached to a building
or suspended in any manner whereby there is no apparent trim or confining
border, the sign area shall be computed by drawing an imaginary straight
line around a generally rectangular margin and measuring the area
so encompassed by these lines. With respect to double-face signs meeting
the definition above, the sign area of each face shall me measured
separately.
The vertical distance measured from the nearest adjacent
public street grade or upper surface of the curb, whichever permits
the greatest height, to the highest point of such sign.
A sign intended to be displayed for a short period of time
only.
A sign mounted upon, painted upon, or otherwise erected on
a trailer, truck, automobile or other vehicle so that it shall be
visible from a street.
A sign mounted flat against the wall of a building or structure
with the exposed face of the sign in a plane parallel to the face
of such wall and which does not extend above the roof.
A sign affixed to the interior or exterior of a window.
[R.O. 1998 § 525.030; Ord. No. 3212, 12-7-2020]
A.
Subject to limitations hereinafter set
forth, only the following types of signs shall be permitted in residential
districts in accordance with the regulations hereinafter prescribed:
1.
Permanent Signs.
a.
Wall Or Ground Sign. All subdivisions
and properties used for non-residential uses located in residential
zoning districts are permitted either one (1) twenty-four (24) square
foot sign per frontage or two (2) such signs per vehicular entrance
to the subdivision or institution. The maximum height for such signs
shall be six (6) feet if ground mounted and ten (10) feet if a wall
sign. Any ground-mounted sign permitted under this Subsection shall
have plantings within three (3) feet of the base and no more than
two (2) feet of the supporting poles shall be visible. Such signs
require a permit.
b.
Ground Sign. All properties in residential
zoning districts are permitted three (3) ground signs, each of which
are not to exceed six (6) square feet in size. Such signs may be double-faced.
Such signs shall not be placed within ten (10) feet of the right-of-way.
Corner lots may have one (1) additional ground sign, also not to exceed
six (6) square feet in size. Such signs do not require a permit.
c.
Pole Sign. All properties in residential
zoning districts are permitted one (1) pole sign, having a sign area
not exceeding fifteen (15) square feet in size, and being no more
than three (3) feet in height. Any pole sign, including any associated
structure, must comply with all applicable provisions of the City's
building and/or zoning ordinances and regulations. The sign may be
constructed from any material that is intended to be permanent in
nature, and that is of sufficient durability to withstand year-round
weather conditions, including inclement weather conditions. Such signs
require a permit.
2.
Temporary Signs.
a.
Ground Sign. New subdivisions may
have two (2) additional temporary ground signs not to exceed twenty-four
(24) feet in size, and eight (8) feet in height, which may be placed
in a location, and for a duration, approved by the City as part of
the approval of the subdivision development. Such signs require a
permit.
b.
Ground Sign. Any properties that
have a non-residential use in residential zoning districts may have
two (2) additional ground mounted signs per frontage not to exceed
twenty-four (24) feet in size, and eight (8) feet in height. Such
signs shall be placed not less than ten (10) feet from the right-of-way.
The additional signs permitted under this Subsection shall not be
displayed for more than fifteen (15) consecutive days, and shall not
be displayed more than fifteen (15) days in any forty-five-day period.
Such signs require a permit.
c.
Fluttering Or Banner Sign. All properties
in residential zoning districts may have one (1) fluttering sign and
one (1) banner sign, provided it is constructed of weather-resistant
materials and reasonably designed to withstand prevailing weather
conditions. Such signs shall not be displayed more than fifteen (15)
consecutive days, and shall not be displayed more than fifteen (15)
days in any forty-five-day period. Such signs shall have a maximum
sign area of ten (10) square feet. Such signs do not require a permit.
3.
Mandatory Signs. The following signs
are hereby declared by the City to be required to protect the health,
safety and welfare of the City's residents, and therefore are required
to be located on all applicable properties as set forth herein:
a.
Signs displaying the street address
for all properties located in the residential zoning districts. Such
signage is necessary to promote the health, safety and general welfare
of the City's residents as it allows emergency responders to identify
the proper address in responding to calls for services. Such signs
do not require a permit.
b.
Directional signs detailing the entrances,
exits and traffic circulation for all institutional uses, or other
non-residential uses in the residential zoning districts. Such signs
shall not exceed two (2) square feet in size. The maximum height for
such signs if ground signs or mounted to a fence shall be three and
one-half (3 1/2) feet above grade, or six (6) feet above grade
if wall mounted. Such signage is necessary to promote the health,
safety and welfare of the City's residents by promoting the safe and
proper flow of vehicular and pedestrian traffic on the property. The
Board of Aldermen may approve, after receiving a recommendation from
the Planning and Zoning Commission, a unified directional sign plan
that may vary from the requirements set forth herein, upon a finding
that the unified directional sign plan would promote the health safety
and general welfare of the City's residents. Such signs require a
permit.
c.
Ground Sign. Any properties in the
residential zoning districts where there is an active construction
permit shall have an additional ground mounted sign per frontage not
to exceed twenty-four (24) feet in size and eight (8) feet in height.
Such sign shall be placed not less than ten (10) feet from the right-of-way.
Such sign shall display the names and contact information for the
contractor, architect, engineer and property owner. Such signage is
necessary to protect the health, safety and welfare of the City's
residents, as it allows for the expeditious contacting of necessary
parties in the event of an emergency. Such signs require a permit.
4.
Prohibited Signs. Except as may be
otherwise allowed herein, the following signs shall be prohibited
in non-residential zoning districts:
a.
Banners.
b.
Billboards.
c.
Fluttering signs.
d.
Flashing lights or those that appear
to move.
e.
Moving signs.
f.
Roof signs.
g.
Signs on public street right-of-way.
h.
Signs that are in disrepair or hazardous.
i.
Signs posing a danger to motorists
or pedestrians or which block vision at entrances, intersections,
or sharp curves.
j.
Signs directly painted on any wall
or any wall of any structure.
k.
Vehicle signs.
[R.O. 1998 § 525.040; Ord. No. 3212, 12-7-2020]
A.
Subject to limitations hereinafter set
forth only the following types of signs shall be permitted in non-residential
zoning districts in accordance with the following regulations hereinafter
prescribed:
1.
Permanent Signs.
a.
Wall Sign. All properties located
in non-residential zoning districts are permitted one (1) wall sign
for each main entrance to the building to which it is attached. Such
signs shall not be larger than five percent (5%) of the size of the
wall to which they are attached, but in no event shall such signs
be larger than one hundred fifty (150) square feet. In calculating
the size of sign permitted, the entire side of the building on which
the sign is to be attached can be used to determine the applicable
size of the wall, except that no sign shall overhang the edges of
the actual wall to which it is attached. Such signs shall be a minimum
of eight (8) feet above the ground if travel beneath such a sign is
allowed, and in no instance shall such a sign be more than thirty-five
(35) feet above grade. Such signs must either face the street or be
located above the primary entrance utilized by visitors to the property.
Such signs must not project above the roof, nor more than fifteen
(15) inches from the wall to which they are attached.
(1)
For multi-tenant buildings,
uniform sign standards must be approved by the Planning and Zoning
Commission.
(2)
For shopping centers,
the Board of Aldermen, following a recommendation from the Planning
and Zoning Commission, may approve uniform sign standards which permit
additional wall signs on the rear or side of a commercial building
subject to compliance with all the following terms, conditions and
restrictions:
(a)
The primary public entrance
to the building for which the sign is to be located must face inward
into the development area and not face a street, road or highway.
(b)
The rear or side of
the building on which the additional wall signs are to be permitted:
(1) must face a State or County arterial roadway or highway; (2) the
sign may not face a residentially zoned district; and (3) such additional
signs may not be placed on the side of a building facing internally
to the development.
(c)
Such additional wall
signs shall be limited to one (1) per occupant and shall not cumulatively
exceed five percent (5%) of the face of the wall to which they are
attached, and in no instance shall any single sign exceed thirty-five
(35) square feet.
(d)
Such signs may not project
above the wall or parapet.
(e)
In adopting such uniform
sign standards allowing for additional side or rear building signage,
the Board of Aldermen shall consider and may condition approval of
such signs on such reasonable terms as it may determine, including,
but not limited to, installation and maintenance of enhanced architectural
and/or aesthetic treatment of the exterior appearance of the building
and/or installation and maintenance of enhanced landscaping of the
area facing the street which the additional signage is to face.
(3)
All signs authorized
under this Subsection require a permit.
b.
Ground Sign. All properties located
in non-residential zoning districts are permitted one (1) ground sign
per lot. If a property in a non-residential zoning district has multiple
frontages to a State or County arterial road, then such property may
have one (1) ground sign for each frontage to said arterial road.
Such sign shall not be larger than thirty (30) square feet for lots
less than three (3) acres, fifty (50) square feet for lots more that
are between three (3) and ten (10) acres, and one hundred (100) square
feet for lots that are larger than ten (10) acres. Such sign shall
have a maximum height of four (4) feet, unless they front a State
or County arterial road, in which case, such sign shall not be more
than six (6) feet above the grade for said arterial road, but in no
event shall any such sign be more than eight (8) feet in height inclusive
of the sign's supporting members. No more than two (2) feet of any
pole shall be visible, or above the ground. Such sign must either
face the street or be located above the primary entrance utilized
by visitors to the property. Any such sign fronting a State or County
arterial road shall be located at least three (3) feet from the property
line. Additionally:
(1)
Uniform sign standards
must be approved by the Board of Aldermen, following a recommendation
from the Planning and Zoning Commission, for multi-tenant buildings.
(2)
Must have plantings
within three (3) feet of the base with no more than two (2) feet of
supporting poles visible.
(3)
A commander board sign
may be incorporated into the design of a ground sign subject to the
following conditions:
(a)
The commander board
sign must be a part of the overall ground sign and shall not be accomplished
by attachment to temporary signs.
(b)
The area of the commander
board sign shall be included in the overall area of the ground sign.
(c)
Commander signs shall
utilize either computer generated digital messages (LED) or removable
lettering.
(d)
Commander signs may
not use visual scrolling or flashing. Each sign face shall be displayed
continuously for no less than sixty (60) seconds before being replaced
by another sign face.
(4)
All signs authorized
under this Subsection require a permit.
c.
Pole Sign.
(1)
All properties in non-residential
zoning districts are permitted one (1) pole sign, having a sign area
not exceeding fifteen (15) square feet in size, and being no more
than three (3) feet in height. Any pole sign, including any associated
structure, must comply with all applicable provisions of the City's
building and/or zoning ordinances and regulations. The sign may be
constructed from any material that is intended to be permanent in
nature, and that is of sufficient durability to withstand year-round
weather conditions, including inclement weather conditions. Such signs
require a permit.
(2)
Additional signs shall
be a maximum size of one hundred fifty (150) square feet, and no taller
than thirty-five (35) feet. Such signs shall be located at least one
hundred fifty (150) feet from the right-of-way of any interstate highway
in the "C-2" Zoning District. If such a sign is approved as a conditional
use, the permit shall set forth the required location of the sign.
Such signs must be a minimum of ten (10) feet above the ground if
travel is allowed beneath it. Such signs require a permit.
d.
Window Sign. Properties located in
non-residential zoning districts are permitted one (1) window sign
per window, up to a maximum of two (2) signs per building. Such signs
shall be no more than two (2) square feet each. Such signs must face
the street or direction of the entrance to the building. Such signs
may be installed without a permit. The Board of Aldermen, following
a recommendation from the Planning and Zoning Commission, may approve
the use of opaque window signage that exceeds the amount permitted
hereunder.
e.
Ground Sign. All properties in non-residential
zoning districts are permitted two (2) ground signs not to exceed
sixteen (16) square feet in size. Each sign may have two (2) sign
faces. Such signs shall not exceed eight (8) feet in height from grade.
One (1) of the signs permitted hereunder, may be substituted for a
wall sign not to exceed six (6) square feet. Any such wall sign shall
not project more than six (6) inches from the wall. Such signs may
be installed without a permit.
f.
Billboards. Properties located in
non-residential zoning districts are permitted a billboard in accordance
with the regulations set forth herein:
(1)
All billboards must
comply with the more restrictive of this Chapter or the requirements
contained in all State and Federal laws, including, without limitation,
Sections 226.500 to 226.600, RSMo., as the same may be amended.
(2)
No billboard may exceed
eight hundred (800) square feet per sign face, with each face having
a maximum height of thirty (30) feet and a maximum width of seventy-two
(72) feet. No such sign shall have more than two (2) sign faces.
(3)
There shall be no more
than one (1) billboard per lot.
(4)
A billboard must be
located within seven hundred fifty (750) feet of the nearest edge
of the right-of-way, and visible from the main traveled way of, any
highway which is part of the interstate or primary system of the State
of Missouri and in areas zoned for commercial uses.
(5)
A billboard may not
be located within one thousand (1,000) feet of any lot that is residentially
zoned.
(6)
A billboard may not
be located within one thousand four hundred (1,400) feet of any other
billboard on the same side of the adjacent interstate or primary highway.
The distance between such signs shall be measured along the nearest
edge of the highway pavement between points directly opposite the
signs. All other distance measurement points shall be those which
yield the shortest distance between the relevant points. If signs
are angled or V-shaped, the nearest point of the structure to the
other relevant point is to be used.
(7)
No billboard shall be
illuminated so as to allow light to fall directly or indirectly on
any parcel of property other than the one upon which the billboard
is erected. No lighting shall be so installed or maintained as to
interfere with the vision of persons traveling on nearby roadways.
Billboards shall not be visible as a result of illumination of the
sign from dusk until dawn from any property, and in any dwelling unit
thereon, located in a residential zoning district in the City.
(8)
No billboard shall revolve,
flash or be obscene.
(9)
The size and area of
a billboard contained within a frame or having a defined edge shall
be measured by the outside dimensions of the frame or edge.
(10)
No billboard shall
be attached to any other structure or building.
(11)
Billboards require
a permit.
2.
Temporary Signs.
a.
Banner Sign. The Board of Aldermen
may authorize placement of a temporary banner sign on properties located
in non-residential zoning districts subject to the following conditions:
(1)
Such sign shall not
exceed twelve (12) square feet in size and may not be more than two
(2) feet in width.
(2)
Such sign shall not
exceed six (6) feet in height and may not be mounted such that its
highest point is more than twelve (12) feet above grade.
(3)
The number of such signs
permitted, and the duration for which they may be displayed, shall
be approved by the Board of Aldermen, taking into account the design
of the building and the architectural impact of such signs.
(4)
Such sign must be located
so as to face a collector street or highway or may be located on the
frontage of the property containing the major public entrance.
(5)
When mounted perpendicular
to a wall, the sign may not project more than two (2) feet from the
wall.
(6)
Such signs must be constructed
of a fabric or vinyl material and may not be constructed of plastic,
wood or other rigid materials.
(7)
Such signs require a
permit.
b.
Temporary Window Sign. Properties
located in non-residential zoning districts are permitted one (1)
temporary window sign per window. Such signs shall be no more than
ten percent (10%) of the window area, and have a maximum height of
ten (10) feet above grade. Such signs must face the street or direction
of the entrance to the building. Such signs are only allowed for a
forty-five-day time period, and must have the installation date marked
on the back of the sign. Such signs may be constructed of paper or
plastic. Such signs require a permit.
c.
Thirty-Day Signs. Properties in a
non-residential zoning district may have additional temporary signage
for a period of time not to exceed thirty (30) days in a calendar
year, subject to the following conditions:
(1)
If a banner sign, such
sign shall have a maximum size of twenty (20) square feet.
(2)
If a wall or window
sign, such sign shall be the lesser of: (a) five percent (5%) of the
wall or window area to which they are attached; or (b) one hundred
fifty (150) square feet.
(3)
If a ground sign, such
sign shall be a maximum of fifty (50) square feet in developments
that are under three (3) acres in size, and one hundred (100) square
feet in developments that are greater than three (3) acres in size.
(4)
No banner sign nor inflatable
device shall be higher than twenty-five (25) feet above grade. Wall
signs may not be erected higher than thirty-five (35) feet above grade.
Ground signs shall not be more than eight (8) feet above grade.
(5)
In the case of multi-tenant
developments, the development may have one (1) inflatable device per
roadway frontage.
(6)
Such signs must be located
facing the street or the direction of the public entrance.
(7)
If a wall sign, such
sign must not project more than two (2) feet from the wall to which
it is attached.
(8)
If a banner sign, must
be placed perpendicular to the wall.
(9)
In the event of a change
of ownership for a property in a non-residential zoning district,
the temporary signage permitted hereunder shall be allowed for sixty
(60) days during the first year following the closing on the property.
With the approval of the Director of Public Services, this extended
display period can be deferred to a subsequent year.
(10)
All signs permitted
hereunder may only be installed after the property owner, or its designee,
has filed an application for a temporary sign permit and issuance
of a temporary sign permit by the Director of Public Services. At
a minimum, the application for a temporary sign permit shall include
the name and address of the property owner, the name of the individual
responsible for the sign and compliance with these regulations, written
permission of the property owner if different than the business owner
and shall be accompanied by a sketch or drawing showing the specific
locations of the signs and devices covered by the permit.
(11)
No permit shall be
issued to any property owner that has not obtained the requisite occupancy
permit, business license or that is in arrears for any permit fees,
licenses or other fines and assessments payable to the City.
(12)
The cost for the permit
required hereunder shall be twenty-five dollars ($25.00) per temporary
sign and fifty dollars ($50.00) for each inflatable device.
(13)
All signs installed
or placed hereunder shall be constructed of appropriate materials
designed for the type of sign construction, and shall be installed
in a business like fashion and secured to the ground or building.
No temporary signs shall be located on the public right-of-way or
placed in such manner as to obstruct traffic or inhibit pedestrian
traffic. Temporary signs are only permitted as on-site signs, and
are not permitted as off-site signs. No temporary signs shall be placed
in a manner that might confuse or distract motorists.
3.
Mandatory Signs. The following signs
are hereby declared by the City to be required to protect the health,
safety and welfare of the City's residents, and therefore are required
to be located on all applicable properties as set forth herein:
a.
Signs displaying the street address
for all properties located in the non-residential zoning districts.
Such signage is necessary to promote the health, safety and general
welfare of the City's residents as it allows emergency responders
to identify the proper address in responding to calls for services.
Such signs do not require a permit.
b.
Directional signs detailing the entrances,
exits and traffic circulation for all properties in the non-residential
zoning districts. Such signs shall not exceed two (2) square feet
in size. The maximum height for such signs if ground signs or mounted
to a fence shall be three and one-half (3 1/2) feet above grade,
or six (6) feet above grade if wall mounted. Such signage is necessary
to promote the health, safety and welfare of the City's residents
by promoting the safe and proper flow of vehicular and pedestrian
traffic on the property. The Board of Aldermen may approve, after
receiving a recommendation from the Planning and Zoning Commission,
a unified directional sign plan that may vary from the requirements
set forth herein, upon a finding that the unified directional sign
plan would promote the health safety and general welfare of the City's
residents. Such signs require a permit.
c.
Ground Sign. Any properties in the
non-residential zoning districts where there is an active construction
permit shall have an additional ground-mounted sign per frontage not
to exceed twenty-four (24) feet in size, and eight (8) feet in height.
Such sign shall be placed not less than ten (10) feet from the right-of-way.
Such sign shall display the names and contact information for the
contractor, architect, engineer and property owner. Such signage is
necessary to protect the health, safety and welfare of the City's
residents, as it allows for the expeditious contacting of necessary
parties in the event of an emergency. Such signs require a permit.
4.
Prohibited Signs. Except as may be
otherwise allowed herein, the following signs shall be prohibited
in non-residential zoning districts:
a.
Banners.
b.
Fluttering signs.
c.
Flashing lights or those that appear
to move.
d.
Moving signs.
e.
Roof signs.
f.
Signs on public street right-of-way.
g.
Signs that are in disrepair or hazardous.
h.
Signs that relate to discontinued
businesses or uses no longer in existence.
i.
Signs posing a danger to motorists
or pedestrians, or which block vision at entrance, intersections or
sharp curves.
j.
Signs directly painted on any wall
or any wall of any structure.
k.
Vehicle signs.
[R.O. 1998 § 525.050; Ord. No. 3212, 12-7-2020]
A.
Non-Conforming Temporary Signs. All signs
installed and found not to be in conformance with the provisions of
this Chapter, regardless of when erected, shall be removed immediately
upon official notice of non-compliance from the Director of Public
Services.
B.
Non-Conforming Permanent Signs. No sign
which is non-conforming in one respect may be altered even if such
change is permitted herein, e.g., if a sign exceeds the maximum height
permitted, said sign shall not be enlarged even if such increase in
sign area is permitted within these regulations, unless such alterations
bring the structure into complete conformance with current standards.
1.
Grandfathering Of Existing Signs.
Installed signs which do not conform to the provisions of this Chapter,
but were previously approved and legally installed at the time of
its passage, shall not be required to adhere to the general regulations
stated herein for as long as they are maintained in their original
state. If the sign is altered in any way, except for maintenance required
to keep the sign in good repair, then it shall be removed per Subdivision
(2) below.
2.
Conditions For Removal. Signs falling within the scope of Section 525.050(B)(1) must be brought into compliance with the provisions of this Chapter if one (1) of the following occurs:
a.
There is any alteration in the existing
sign's size, shape or configuration (this does not include modification
of the text or graphics on the sign face);
b.
The sign is moved to another location
on the subject property;
c.
The sign's frame or structural support(s)
are replaced or altered for reasons other than normal maintenance
of the sign; or
d.
The sign falls into a dangerous or
defective condition.
C.
The repair or replacement of damaged or
malfunctioning portions of the sign face (including repair or replacement
of the entire sign face) is not considered to be an alteration of
a sign, provided that the repair or replacement does not alter the
size, shape or configuration of the sign face.
[R.O. 1998 § 525.060; Ord. No. 3212, 12-7-2020]
[R.O. 1998 § 525.070; Ord. No. 3212, 12-7-2020]
A.
No person shall maintain or permit to be
maintained on any premises owned or controlled by him/her any sign
which is in a dangerous or defective condition. Any such sign shall
be promptly removed or repaired by the owner. The Director of Public
Services shall give ten (10) days' written notice to the owner of
the premises on which the sign is located. Such notice may be personally
served, mailed to the last known address of such person, or posted
on the premises.
B.
Each sign shall be maintained in a safe,
presentable and good condition including the replacement of defective
parts, painting, repainting, cleaning and other acts required for
the maintenance of the sign. The Director of Public Services shall
require compliance or removal of any sign determined by him/her to
be in violation of this Section.
C.
All signs shall be constructed and/or braced
to withstand a horizontal wind load pressure of thirty (30) pounds
per square feet of surface exposed and shall be securely attached
to the supporting member or structure.
D.
The face of all signs shall be vertical.
[R.O. 1998 § 525.080; Ord. No. 3212, 12-7-2020]
A.
All sign illumination shall be oriented
to prevent undue glare onto adjacent streets or residential properties.
B.
All electrical illumination devices shall
be designed to be weather-resistant and shatter-proof.
C.
All signs with internal lighting shall
be appropriately grounded and shall require an electrical permit.
D.
All sign faces, that are backlit, shall
be considered to be a portion of the sign for purposes of computing
the allowable sign area.
[R.O. 1998 § 525.090; Ord. No. 3212, 12-7-2020]
A.
Except as otherwise provided, the following
signs are exempt from the sign area and height restrictions of this
Chapter and the permit requirements of this Chapter:
1.
Official traffic or governmental
signs;
2.
Incidental signs, provided such signs
are not in a dangerous or defective condition;
3.
Scoreboard structures on athletic
fields, which are to be regulated as accessory structures under the
City's Zoning Regulations;
4.
One (1) small wall sign per premises
attached to a wall or building, not exceeding two (2) square feet
in outline area, that is stationary and not illuminated;
5.
Historic signs approved in accordance
with the standards governing historic signs set forth in this Chapter;
6.
All signs located on the interior
of a covered mall structure, provided that each such sign shall comply
with the applicable provisions of the Building and Electrical Codes
as are in effect at the time that any such sign is so located.
[R.O. 1998 § 525.100; Ord. No. 3212, 12-7-2020]
A.
Historic Signs. Upon application, the Board
of Aldermen may approve a sign as a historic sign upon determination
by the Board that the sign qualifies as a landmark by reason of its
unique character and appearance, provided that in order to be eligible
for classification as a historic sign, such sign shall conform with
the following requirements:
1.
The sign shall be freestanding, with
a minimum age of forty (40) years which has continuously been located
on the same property within the City since its original construction;
2.
The sign has been recognized as historically
significant by at least one (1) public agency which has an active
historic preservation program, or the sign has been registered as
a national historic landmark.
[R.O. 1998 § 525.110; Ord. No. 3212, 12-7-2020]
Unless excepted by this Chapter or
the Building Code, no sign shall be erected, constructed, posted,
painted, altered, maintained or relocated until a permit has been
issued by the Director of Public Services. Before any permit is issued,
an application on forms provided by the City shall be filed, together
with drawings and specifications as may be necessary to designate
the location, construction, materials, manner of illuminating, and
securing or fastening, and the wording or delineation to be carried
on the sign. All signs that are to be illuminated by one (1) or more
sources of artificial light shall require a separate electrical permit
and inspection.
[R.O. 1998 § 525.120; Ord. No. 3212, 12-7-2020]
Structural and safety features and
electrical systems shall be in accordance with the requirements of
the City's Building Code. In case of conflict between provisions of
this Chapter and the Building Code, this Chapter shall apply. No sign
shall be approved for use unless it has been inspected by the Director
of Public Services and is found to be in compliance with the approved
plans and the requirements of this Chapter and applicable technical
codes. Signs found to be in violation shall be promptly corrected.
Any sign in violation which is determined to be an immediate danger
to public health and safety may, after notice to the property owner
and the sign owner, be dismantled and removed by the City. The expense
incurred by the City shall be charged to the owner of the property
on which the sign is erected and the sign owner.
[R.O. 1998 § 525.130; Ord. No. 3212, 12-7-2020]
The fee for sign permits shall be
assessed at the rate of fifty cents ($0.50) per square foot of a sign,
but not less than fifteen dollars ($15.00). The fee for each inspection
under this Chapter shall be forty dollars ($40.00).
[R.O. 1998 § 525.140; Ord. No. 3212, 12-7-2020]
Any person, firm, association, or corporation who shall violate any provisions of this Chapter or fails to comply with any order of the Director of Public Services issued pursuant to the terms of this Chapter shall, upon conviction thereof, be subject to the penalties provided for violation of City ordinances by Section 100.220 of this Code.
[R.O. 1998 § 525.150; Ord. No. 3212, 12-7-2020]
A.
The Board of Adjustment is empowered to
review or modify the Director of Public Services's order or determination
with respect to signs covered by this Chapter and to that end shall,
during appeal, have all the Director of Public Services's powers.
In addition, the Board may grant variances from the provisions of
this Chapter as hereinafter provided.
1.
Guidelines For Overturning Or Modifying
Director of Public Services's Decision. The Board of Adjustment shall,
in considering appeals from the Director of Public Services's order
or determination establish that the sign or application in question
complies with all the requirements of this Chapter. If it is determined
that the Director of Public Services's application of this Chapter
to the appellant's sign or request for a permit is erroneous, then
the Board of Adjustment may overturn or modify the Director of Public
Services's decision.
2.
Grounds For Granting Variance. The
Board of Adjustment may grant variances from this Chapter where it
is found that because of: (a) the limitations on character, size,
or dimensions of a sign, or (b) the regulations controlling the erection
or installation of a sign, the permittee would be subject to undue
hardship. Undue hardship is not a mere loss of a possible advantage
or convenience to the applicant.
The Board of Adjustment's decision
on an appeal shall be incorporated on the sign permit by reference
to the decision number and date of decision.
3.
Procedure For Requesting Appeals
And Variances. Application for review or variances shall be accompanied
by the required filing fee.
4.
Supporting Regulations. Insofar as
they are applicable and consistent, the provisions of the City's Zoning
Code, shall be applicable to appeals taken to the Board of Adjustment
for variances from, or interpretations of, this Chapter.
[R.O. 1998 § 525.160; Ord. No. 3212, 12-7-2020]
If any Section, sentence, clause
or phrase or portion of this Chapter is for any reason held invalid
or unconstitutional by any court of competent jurisdiction such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
of this Chapter.
[R.O. 1998 § 525.170; Ord. No. 3212, 12-7-2020]
In the event that any provision of
this Chapter would permit a sign containing a commercial message but
prohibit a sign containing a non-commercial message, subject to the
property owner's consent, a sign containing a non-commercial message
may be installed in its place, or vice versa, provided it otherwise
complies with this Chapter. Such substitution of message may be made
without any additional approval or permitting. This provision prevails
over any more specific provision to the contrary within this Chapter.
The purpose of this provision is to prevent any inadvertent favoring
of commercial speech over non-commercial speech, or vice versa. This
provision does not create a right to increase total signage on a parcel,
nor does it affect the requirements that the sign comply in all other
respects with the provisions of this Chapter.
