[1]
Cross References: buildings and building regulations, Chs. 500505; licenses, permits and miscellaneous business regulations, Ch. 605; authority to place and maintain traffic signs § 315.010 et seq.; streets, etc., Ch. 530; zoning, Ch. 400.
[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:
1. 
Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the City;
2. 
Prohibit hazardous and dangerous signs; and
3. 
Provide a desirable and attractive living and working environment through harmonious and uniform signage.
[1]
Editor's Note: Former Chapter 525, Signs, containing Sections 525.010 through 525.140, was repealed 12-7-2020 by Ord. No. 3212.
[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:
ARCHITECTURAL PROJECTION
A marquee, awning or other similar architectural projection extending beyond the main floor area of the structure with which it is associated.
BANNER
A sign of fabric, plastic, paper or other light, pliable material, not enclosed in a rigid frame.
BILLBOARD
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.
COMMANDER SIGN/BOARD
A sign face which can be changed using either computer-generated images or using removable images.
DOUBLE-FACED SIGN
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.
FLUTTERING SIGN
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.
FREESTANDING SIGN
A sign supported by poles, posts or columns located on the ground.
HISTORIC SIGN
A sign approved by the Board of Aldermen as a historic sign in accordance with the standards set forth in this Chapter.
INCIDENTAL SIGN
A sign located on property and that is not visible from the nearest right-of-way.
MONUMENT SIGN
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.
POLE SIGN
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.
PREMISES
Any tract of land which is improved with a building or buildings and accessory buildings or structures.
PROJECTING SIGN
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.
PYLON SIGN
A self-supporting freestanding sign resting on or supported by pylon(s) or post(s).
ROOF LINE
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.
ROOF SIGN
A sign erected, constructed or maintained upon the roof of any building.
SHOPPING CENTER
A grouping of three (3) or more shops that have common parking facilities.
SIGN
Any device, fixture, placard or structure used to display or communicate information of any kind.
SIGN AREA
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.
SIGN HEIGHT
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.
TEMPORARY SIGN
A sign intended to be displayed for a short period of time only.
VEHICLE SIGN
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.
WALL SIGN
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.
WINDOW SIGN
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]
A. 
Signs located on property that becomes vacant and unoccupied for a period of three (3) months or more shall be deemed to have been abandoned.
B. 
Any sign or sign structure deemed abandoned for three (3) months shall be promptly removed by the owner of the sign or the owner of the premises.
[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.