[CC 1976 App. A §14.01; Ord. No. 2449 §1, 11-14-1988]
A.Â
It
is the intent of this Article to regulate and control the location,
erection, number, and maintenance of signs and matters relating thereto
within the City of Overland in order to promote public safety, health,
and general welfare of the community. These regulations are specifically
designed to:
[CC 1976 App. A §14.02; CC 1976 §22-19; Ord. No. 2181 §§1 —
7, 5-13-1985; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-01 §1, 1-27-2003; Ord. No. 2011-23 §1, 9-12-2011]
A.Â
The
provisions of this Article shall govern the erection, alteration,
and maintenance of all signs and outdoor display structures, together
with their appurtenant and auxiliary devices, with respect to location,
size, content, construction, structure, and fire safety.
B.Â
The
provisions of this Article shall not apply to:
1.Â
Flags of any nation, State, County, City or other governmental unit
and any not-for-profit organization.
2.Â
Temporary decorations or displays celebrating the occasion of traditionally
accepted patriotic, religious or local holidays or events.
3.Â
The erection, construction, and maintenance of any sign of the City
of Overland, and of official traffic, fire and police signs, signals
and devices and markings of the State, County or City.
4.Â
Non-illuminated directional or informational signs of a public nature.
5.Â
Residential garage or patio sale signs not to exceed six (6) square
feet and located upon the premises where the sale is taking place.
6.Â
Property real estate signs not exceeding six (6) square feet in area,
which advertise the sale, rental, or lease of the premises upon which
said signs are located only, as well as directional signs erected
off-site, for the purpose of assisting the traveling public in locating
an individual piece of real estate for sale. Such directional signs
shall not exceed six (6) square feet in size, nor shall such signs
be considered to include residential project construction signs of
a directional nature as regulated elsewhere in this Article.
7.Â
One (1) bulletin board not over thirty-two (32) square feet in area,
for public, charitable, or religious institutions which are located
on the premises of said institutions.
8.Â
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
9.Â
Professional name plates, or occupational signs, and home occupation
signs not exceeding one (1) square foot in area, wall-mounted and
unit, adjacent to the main entrance of the building.
10.Â
Signs erected inside a building not visible through windows.
11.Â
(Reserved)
[CC 1976 App. A §14.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-02 §1, 1-27-2003; Ord.
No. 2011-23 §4, 9-12-2011]
A.Â
Rules Of Construction. For the purposes of this Article,
certain rules of construction shall apply to the text as follows:
1.Â
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
2.Â
The terms "shall" and "must" are
always mandatory and not discretionary; the words "may" or "should" are permissive.
3.Â
Words or terms not interpreted or defined by this Section shall be
used with a meaning of common or standard utilization.
4.Â
The word "person" includes a firm, organization,
association, partnership, trust, company, or corporation, as well
as an individual.
5.Â
The words "use" or "occupy" shall
include the words "intended", "designed",
"arranged" to be "used" or "occupied".
B.Â
ABANDONED SIGN
ANIMATED SIGN
BANNER
BUILDING FACE OR WALL
CANOPY
CHANGEABLE COPY SIGN (MANUAL)
CHANGING SIGN (AUTOMATIC)
CHURCH BULLETIN BOARD
CITY
COPY
DIRECTOR OF PUBLIC WORKS
DISTRICT
ELECTRONIC BILLBOARD
ERECT
FACADE
FACE OF SIGN
FLASHING SIGN
FRONTAGE
GASOLINE AND OIL SERVICE STATIONS
GROUND LEVEL
HEIGHT OF SIGN
ILLEGAL SIGNS
INTERIOR PROPERTY LINE
LOGO
LOT
OWNER
PERSON
PREMISES
READER BOARD
RIGHT-OF-WAY (ROW)
ROOF LINE
SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS
SETBACK
SHOPPING CENTER
SHOW WINDOW SIGN
SIGN
SIGN AREA
SIGN, ATTACHED
SIGN, COMMERCIAL DIRECTORY
SIGN, CONSTRUCTION
SIGN, DIRECTIONAL
SIGN, FLUTTERING
SIGN, GROUND
SIGN, HANGING
SIGN, ILLUMINATED
SIGN, MEMORIAL OR TABLETS
SIGN, NON-CONFORMING
SIGN, OCCUPATIONAL AND/OR IDENTIFICATION
SIGN, POLE
SIGN, PORTABLE
SIGN, PROJECT IDENTIFICATION
SIGN, PROJECTING
SIGN, PROPERTY REAL ESTATE
SIGN, RESIDENTIAL CONSTRUCTION PROJECT
SIGN, ROOF
SIGN STRUCTURE
SIGN, SUBDIVISION IDENTIFICATION
SIGN SUPPORTS
SIGN, TEMPORARY
SIGN, WINDOW, TEMPORARY
SPECIAL DISPLAYS
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD
STREET
TEMPORARY SIGN
TRAFFIC DIRECTIONAL SIGN
TRIVISION BILLBOARD
USE
ZONING CODE
Definitions. The following definitions shall apply in interpretation
and enforcement of this Article unless otherwise specifically stated:
A sign which no longer correctly directs or exhorts any person,
advertises a bona fide business, lessor, owner, project or activity
conducted or product available on the premises where such sign is
displayed.
Any sign which includes action or motion. For purposes of
this Article, this term does not refer to flashing or changing, both
of which are separately defined.
A sign made of fabric, plastic, paper or other light pliable
material, not enclosed in a rigid frame, and characteristically suspended
on an exterior wall of the building or structure or along or across
a public street.
All window and wall area of a building in one (1) plane or
elevation.
Any structure attached to the building at the inner end and
supported on the other end, or a freestanding structure, with one
(1) or more supports, meant to provide shelter from weather elements
onto which signs may be affixed or incorporated.
A sign on which copy is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
A sign such as an electronically or electrically controlled
public service time, temperature and date sign, message center or
reader board, where different copy changes are shown on the same lamp
bank.
A sign attached to the exterior of a church or located elsewhere
on church premises and used to indicate the services and/or other
activities of the church, and including the church name, if desired.
The City of Overland.
The wording or graphics on a sign surface.
The officially designated representative of the City of Overland
responsible for the enforcement of the sign ordinance and other ordinances.
As defined under the Zoning Code and Zoning District Map.
Any outdoor advertising billboard structure portion thereof
upon which alphanumeric characters, graphics or symbols defined by
a small number of matrix elements using different combinations of
light emitting diodes (LEDs), fiber optics, light bulbs or other illumination
devices within the display area, including computer programmable,
microprocessor controlled electronic displays and projected images
or messages with these characteristics are utilized to advertise a
person, thing, product, or service not located or sold on the lot
upon which the electronic billboard is placed. Electronic billboards
do not include on-premise electronic message signs.
To build, construct, reconstruct, attach, hang, rehang, alter,
place, affix, enlarge, move or relocate, and includes the painting
and repainting of existing sign structures.
The front or main part of a building facing a street; for
purposes of this Article the "facade" is defined
as measured from the ground elevation to the head beam.
The entire area of a sign on which copy could be placed.
The area of a sign which is visible from one (1) direction as projected
on a place.
Any sign which contains an intermittent or flashing light
source, or which includes the illusion of intermittent or flashing
light by means of animation or an externally mounted intermittent
light source. Automatic, electronically controlled changing signs
limited to time, temperature and date, and included as part of a permitted
on-premises attached or pole sign, are not classed as flashing signs.
The length of the lot along the street side. The front of
a lot bordering more than one (1) street is considered separate for
each street.
Any business which dispenses, or is designed to dispense
gasoline and/or oil for use in motor vehicles or boats.
Immediate surrounding grade.
The vertical distance measured from the surrounding grade
to the highest point of sign.
A sign which contravenes this Article, or a non-conforming
sign for which a permit required under a previous ordinance was not
obtained.
Property lines other than those forming a dedicated public
right-of-way.
A letter, character, or symbol used to represent a person,
corporation or business enterprise.
A parcel, tract, plot or area of land accessible by means
of a street or other permanently reserved principal means of access.
It may be a single parcel separately described in a deed or plat which
is recorded in the office of the County Recorder of Deeds, or it may
include parts of or a combination of such parcels when adjacent to
one another and used as one as determined by the Director of Public
Works.
A person recorded as such on official records and including
duly authorized agent or notary, a purchaser, lessee, devisee, judiciary;
any person having a vested or contingent interest in the property
or business in question.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
An area of land with its appurtenances and buildings which,
because of its unity of use, may be regarded as the smallest conveyable
unit of real estate.
Any sign that has changeable or removable lettering.
Shall be the right-of-way of the respective street as it
currently exists or the proposed right-of-way as indicated on the
City of Overland comprehensive plan and/or as set forth in the City
of Overland's Subdivision Regulations, whichever represents the greatest
width from the centerline of the street.
The highest point of the coping on a flat roof, false mansard,
or parapet wall; the deck line of a true mansard roof; the ridge line
between the upper and lower slopes of a gambrel roof; or the mean
height level between the eaves and ridge for a gable or hip roof.
(See Figure 1.)
A sign which is not permanent and is limited to a specific
activity or in the celebration of holidays or other special events.
The minimum horizontal distance between either the face of
curb, the edge of pavement, or the right-of-way line and the sign
structure as specified in a particular Section of this Article.
A building containing four (4) or more shops, stores, and
other places of business, and providing off-street parking facilities
in common for all of the businesses and their customers.
Any temporary sign advertising sales or specials attached
to or within three (3) feet of the glass surface of any fixed window
(glazing) visible from a public right-of-way.
Any identification, description, illustration or device,
illuminated or non-illuminated, which is visible from any public place
or is located on private property and exposed to the public and which
directs attention to a product, service, place, activity, person,
institution, business or solicitation, including any permanently installed
or situated merchandise or any emblem, painting, banner, pennant or
placard designed to advertise, identify or convey information, with
the exception of window displays and national flags. For the purpose
of removal, signs shall also include all sign structures. Not included
are decorative devices or emblems as may be displayed on a residential
mailbox. For the purposes of this Article, this definition shall include
those signs painted directly upon a building or other structure.
The area of the sign face. 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 upon a building
or other structure.
A sign erected or placed upon the wall of any building with
the plane of the face parallel to the plane of the wall below the
roof line.
A permanent pole sign designating the name of a commercial
center and listing the various tenants of the center.
A temporary sign used during construction of new buildings
or reconstruction of or additions to existing buildings, such as those
identifying the project and denoting the owner, architect, engineer,
contractor, and/or financing institutions of the project.
A sign which indicates a direction for vehicular or pedestrian
traffic or other movement.
A sign which flutters, and includes banners, flags, pennants,
or other flexible material which moves with the wind or by some artificial
means.
Any detached sign on the same lot or parcel as the use it
advertises which has its bottom portion erected upon or supported
by the ground, a ground planter box, or other supports, not taller
than six (6) feet above mean grade level.
Any sign hanging entirely beneath a canopy, portico, or marquee.
Any sign which is illuminated by light sources mounted on
or in the sign or at some other location.
The permanent part of a building which denotes the name of
the building, date of erection, historical significance, dedication,
or other similar information.
A sign legally erected under the previously existing ordinances
of the City, but which does not conform to the provisions of this
Article.
An attached wall sign not larger than one (1) square foot
in area identifying the name of a person occupying a building.
Any detached sign located on the same lot or parcel as the
use it advertises which is supported by one (1) or more stationary
poles no taller than thirty (30) 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.
Any sign not permanently affixed to the ground. Attachment
of a sign, otherwise designed to be portable, to the ground or parking
surface through the use of tiedowns, spikes, nails, screws, or similar
approach shall not be deemed an action sufficient to be classified
as "permanently affixed".
A permanent ground sign identifying an apartment complex,
condominium project, or mobile home development entry, name, and/or
street names within the project.
Any sign which projects more than twelve (12) inches beyond
the plane of the wall on which the sign is erected or attached.
A sign pertaining only to the prospective rental, lease,
or sale of the property upon which it is located. Real estate signs
shall be excluded from the definition of pole signs.
Any temporary sign that provides direction to any residential
development under construction, or promotes the residential development
on the project site. For the purposes of this Article a "residential
development" shall be restricted to development of a residential
subdivision or residential multi-family structure containing three
(3) or more dwelling units.
Any sign erected above the roofline of the building as defined
herein.
The sign and all parts associated with its construction.
A permanent ground sign identifying a subdivision entry,
subdivision name, and/or street names within the subdivision.
All structures by which a sign is held up, including, for
example, poles, braces, guys, and anchors.
Any sign intended for a limited or intermittent period of
display.
A temporary sign affixed to the inside of an exterior window
or glass door.
Signs not exceeding thirty-two (32) square feet, used for
holidays, public demonstrations, or promotion of civil welfare or
charitable purposes.
Any sign intended to attract general public interest concerning
a commercial enterprise, product, service, industry, or other activity
not conducted, sold or offered on the premises upon which the sign
is erected. This includes billboards, detached pole signs on separate
parcels, wall signs and signs otherwise attached to buildings and/or
supported by uprights or braces on the ground. Real estate signs and
political signs are excluded from this definition.
A public thoroughfare which affords the principal means of
access to abutting property.
A sign which is not permanent and is allowed for a specific
time period.
Any sign which aids the flow of traffic.
An outdoor advertising structure that uses rotating slats
to display up to three (3) changeable messages. Trivision billboards
do not include any kind of electronic billboard, including, but not
limited to, LED, digital or internally illuminated billboards.
The purpose for which a building, lot, sign or other structure
is arranged, intended, designed, occupied or maintained.
The Zoning Code of the City of Overland and the current Zoning
District Map related thereto.
[CC 1976 App. A §14.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 98-77 §1, 9-29-1998]
A.Â
Administration.
1.Â
Except where herein otherwise stated, the provisions of this Article
shall be administered by the Director of Public Works, or by deputies
of his/her department as the Council may designate to enforce provisions
of this Article.
2.Â
The Director of Public Works (or his/her authorized representative)
is hereby empowered in performance of its functions to enter upon
any land in the City for the purpose of making inspections, examinations,
and surveys, or to place and maintain thereon markers, notices, or
signs required to effect provisions of this Article. The above-authorized
person shall be required to present proper credentials upon demand
when entering upon any land or structure for the purpose of this Article.
B.Â
Duties Of The Director Of Public Works.
1.Â
The Director of Public Works shall have the power to grant sign permits,
and to make inspections of buildings or premises necessary to carry
out his/her duties in the enforcement of this Article.
2.Â
It shall be improper for the Director of Public Works to approve
plans or issue any permits or certificates for any sign until he/she
has inspected such plans in detail and found them to conform with
this Article, nor shall the Director of Public Works vary or change
any terms of this Article.
3.Â
If the Director of Public Works shall find that any of the provisions
of this Article are being violated, he/she shall notify in writing
the person responsible for such violations, indicating the nature
of the violation and stating the action necessary to correct it. He/she
shall order discontinuance of illegal use of land, buildings, or structures;
removal of illegal signage; discontinuance of any illegal work being
done; or shall take any other action authorized by this Article to
insure compliance with or to prevent violation of its provisions.
C.Â
Permit Required.
1.Â
It shall be unlawful to commence or to proceed with the erection,
construction, reconstruction, conversion, alteration, enlargement,
extension, or moving of any sign or sign structure or any portion
thereof without first having applied in writing to the Director of
Public Works for a sign permit to do so and after a sign permit has
been granted therefor. Primary responsibility for securing the necessary
permits shall be the property owner's. However, if the property owner
should contract part or all of the proposed work, it shall become
the responsibility of the person or firm hired to ensure that all
required permits and approvals have been secured prior to any work
being initiated.
2.Â
Blank forms shall be provided by the Director of Public Works for
the use of those applying for permits as provided in this Article.
Any permits issued by the Director of Public Works shall be on standard
forms for such purpose and furnished by the City Council. There shall
be a separate permit for each sign to be constructed, altered, or
erected.
3.Â
Any sign permit under which no construction work has been commenced
within six (6) months after the date of issuance of said permit or
under which proposed construction has not been completed within one
(1) year of the time of issuance shall expire by limitation.
D.Â
Voiding Of Sign Permit. A permit may be revoked by the Director
of Public Works at any time prior to the completion of the sign for
which the same was issued, when it shall appear to him/her that there
is departure from the plans, specifications, or conditions as required
under terms of the permit, that the same was procured by false representation,
or that any provisions of this Article are being violated. Written
notice of such revocation shall be served upon the owner, his/her
agent, or contractor, or upon any person employed on the building
or structure for which such permit was issued, via a stop work order,
which shall be posted in a prominent location, and thereafter no such
construction shall proceed.
E.Â
Compliance With Sign Permits. Sign permits issued on the
basis of approved plans and applications authorize only the use, arrangement,
and construction set forth in the approved plans and applications,
and no other use, arrangement, or construction. Any use, arrangement,
or construction at variance with that authorized shall be deemed a
violation of this Article as provided herein.
F.Â
Violations. If it is found that a sign is in violation of
this Article, the Director of Public Works, or his/her designee, shall
give notice to the owner of the sign, or if the owner cannot be located,
to the owner or property management agent of the premises on which
the sign is located or, if the sign erection is not complete, to the
sign erector, either personally, by United States mail, or by posting
such a notice on the premises, such notice stating:
1.Â
The violations found; and
2.Â
The violations must be brought into compliance within the requirements
of this Article and all other City ordinances within ten (10) days
from the date of such notice; and
3.Â
The requirements which must be met; and
4.Â
Any person found to be in violation of any provision of this Article
shall be subject to a fine of not more than five hundred dollars ($500.00)
or up to ninety (90) days imprisonment, or to both such fine and imprisonment,
with each day of such violation constituting a separate offense without
further notice being required.
[CC 1976 App. A §14.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 99-77 §1, 9-14-1999; Ord.
No. 2011-23 §§2, 5, 9-12-2011]
A.Â
The
following signs and advertising devices are hereby declared to be
unlawful provided, however, that nothing herein shall prevent the
posting of signs or banners approved by the Mayor and a majority of
the Council of the City of Overland:
1.Â
Animated signs.
2.Â
Any sign erected in a location prohibited by this Article.
3.Â
Any sign erected in a public easement or right-of-way.
4.Â
Any sign erected so as to prevent free ingress to or egress from
any door or window, or any other exitway required by the Building
or Fire Codes of the City.
5.Â
Any sign attached to any public utility pole, tree, fire hydrant,
curb, sidewalk or other surface located on public property.
6.Â
Any sign erected in any location where, by reason of its location
it will obstruct the view of any authorized traffic sign, signal,
or other traffic control device. Nor may any sign, by reason of its
shape, position or color interfere with or be confused with any authorized
traffic signal, sign or device. Further, no sign shall be erected
in a location where it will obstruct vision of the public right-of-way
to a vehicle operator during ingress to, egress from, or while traveling
on the public right-of-way.
7.Â
Any sign advertising an article or product not manufactured, assembled,
processed, repaired or sold or a service not rendered upon the premises
upon which the sign is located, except as otherwise permitted in this
Article.
8.Â
Any sign or advertising device such as banners attached to buildings, pennants affixed on poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, street banners, and "A" frames or other portable signs of like nature, and other similar contraptions or techniques except that as otherwise permitted by Section 400.850(B).
9.Â
Off-site or off-premises signs except as provided in this Article.
10.Â
Any flashing sign or any electronic sign except as specifically provided for in Section 400.850(C) and Section 400.850(D).
11.Â
Portable signs, not permanently affixed to the ground, except as provided for in Section 400.850(B)(1)(g) and in Section 400.850(B)(3).
12.Â
Signs which contain characters, cartoons, or contain statements,
words or pictures of an obscene, indecent, prurient, or immoral character.
13.Â
Projecting signs.
14.Â
Roof signs.
[CC 1976 App. A §14.06; Ord. No. 2449 §1, 11-14-1988]
A.Â
Any
sign legally existing prior to enactment of this Article but which
shall violate any provision of this Article, may continue to be maintained
and used after passage of this Article subject to the following provisions:
1.Â
Enlargement. No non-conforming sign shall be enlarged,
expanded, or extended to occupy a greater square footage or height
than was occupied on the date of adoption or amendment of the Article.
2.Â
Relocation. No non-conforming sign shall be moved
in whole or in part to any other portion of the lot, parcel or building
not so occupied on the date of adoption of this Article, except that
any such sign which is hereafter required to be moved by a governmental
body for the purpose of construction, relocation, widening, or improvement
of a street, highway, or other public purpose, may be relocated once
and allowed to be maintained and used as before.
3.Â
Discontinuance. If the business or service advertised or identified by a non-conforming sign ceases to be conducted for a period exceeding thirty (30) calendar days, the non-conforming sign shall be classified as an abandoned sign, and removed. See Section 400.825(E).
4.Â
Destruction. Should any non-conforming sign be destroyed by any means to an extent of up to fifty percent (50%) of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this Article. See Section 400.805(C).
B.Â
Determination Of Sign Status.
1.Â
A sign shall be considered a new sign, subject to the requirements
of this Article, if:
2.Â
A sign shall not be considered a new sign in the following instances:
a.Â
The repainting of an existing sign for ordinary maintenance.
b.Â
The repair or restoration of an existing sign to a safe condition after being damaged by storm or other accidental act in accordance with the original sign permit, and subject to the requirements of Subsection (A)(4) hereof, destruction.
c.Â
The periodic changing of advertising copy on standard outdoor advertising structures as regulated by Section 400.850(C).
3.Â
In any instance, in cases of doubt or on a specific question raised,
whether a new or non-conforming sign exists shall be determined on
appeal to the Board of Adjustment.
[CC 1976 App. A §14.07; Ord. No. 2449 §1, 11-14-1988]
A.Â
Any aggrieved person, firm, corporation, or any governmental officer, department, board or bureau may appeal a decision of the Director of Public Works before the Board of Adjustment as established and in conformance with the requirements of Article XVI of the Overland Zoning Code, subject to the further requirements of this Section.
B.Â
Grounds For Granting A Variance. The Board of Adjustment
may grant variances from this Article for any permitted form of signage
where it is found that because of the limitations on character, size,
or dimensions of a sign, or the regulations controlling the erection
or installation of a sign, the applicant would be subject to undue
hardship. Undue hardship is not considered the loss of possible advantage,
economic loss or gain, or mere inconvenience to the applicant.
[CC 1976 App. A §14.08; Ord. No. 2449 §1, 11-14-1988]
A.Â
Permit Number Displayed. Any sign hereafter erected following
passage of this Article shall display the sign permit number upon
the face of the sign in the lower right-hand corner in no less than
one (1) inch letters and numerals. In the case of pole mounted signs,
the number shall be incorporated into the base of the sign structure.
B.Â
Structural Requirements. All signs shall comply with the
pertinent requirements of the Overland Building Code.
C.Â
Safety. Any existing sign which is or becomes an immediate
danger or hazard to persons or property because of being in an unsafe
condition, or which obstructs any fire escape, window, or door, is
subject to immediate removal by the Director of Public Works without
notice and at the expense of the property and/or sign owner.
D.Â
Maintenance. Each sign shall be maintained in a safe, presentable
and good condition. All existing signs shall be painted except where
the sign is of a non-corroding material, galvanized, or otherwise
treated to prevent rust. Broken panels, missing letters, flaking or
peeling paint and other visual damage to a sign shall be repaired
within forty-five (45) days of occurrence or within ten (10) days
of written notification by the Director of Public Works.
E.Â
Abandoned Signs. Any sign or sign structure which advertises
a business no longer conducted or service no longer rendered, or a
product no longer sold on the premises or lot shall be classified
an abandoned sign and shall be removed by the owner, agent, or person
having beneficial use of the premises or lot upon which the sign is
located within ten (10) days following written notice by the Director
of Public Works concerning its removal.
F.Â
Illumination. Neither the direct nor reflected light from
primary light sources shall create a traffic hazard to operators of
motor vehicles on public thoroughfares.
G.Â
State Right-Of-Way Requirements. All signs erected within
the jurisdiction of State right-of-way requirements shall meet both
State and City requirements.
[CC 1976 App. A §14.09; Ord. No. 2449 §1, 11-14-1988]
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
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this Article.
[CC 1976 App. A §14.10; Ord. No. 2449 §1, 11-14-1988]
A.Â
One- and Two-Family Residential Uses.
1.Â
Allowable signs.
a.Â
Subdivision identification signs. Two (2) permanent
subdivision identification signs not exceeding thirty-two (32) square
feet in size per face shall be allowed per development. Where the
development has access on two (2) or more streets, or has more than
one (1) entrance on one (1) street, identification shall be allowed
at each entrance.
b.Â
Church, public or semi-public buildings, or public park identification
sign. Not more than one (1) sign per street frontage not
exceeding thirty-two (32) square feet in size per face.
c.Â
Construction sign. Not more than one (1) sign per street frontage not exceeding thirty-two (32) square feet in size per face. See Subsection C(1) of this Section.
d.Â
Residential project construction sign.
(1)Â
Promotional sign. One (1) sign not exceeding
one hundred twenty (120) square feet per face.
(2)Â
Directional signs. Any number of signs not
exceeding sixteen (16) square feet per face. Such signs may include
directions to the development and pertinent information concerning
the developer, but shall not include promotional information.
e.Â
Directional signs. Two (2) signs per entry/exit
not exceeding six (6) square feet in side per face.
f.Â
Memorial or tablet sign. One (1) sign not exceeding
six (6) square feet in size per face unless such signs are installed
by the Federal, State, County or City Government or agencies thereof.
g.Â
Property real estate signs. One (1) sign per lot
frontage not exceeding six (6) square feet in size per face.
h.Â
Special displays and other temporary signs. See Section 400.850(B).
i.Â
No trespassing, privacy signs. Signs not exceeding
two (2) square feet in size per side nor a height of four (4) feet
from the ground which prohibit trespassing, or indicate privacy of
premises, driveways, or streets.
j.Â
Home occupation wall signs. Non-illuminated home
occupation wall sign not exceeding two (2) square feet, wall-mounted
on the dwelling.
k.Â
Official government flags. Such flags shall be appropriately
maintained. Flags which are frayed, bleached by weather, ripped, stained
or otherwise degraded shall be immediately removed and replaced upon
notification from the Director of Public Works. Such flags shall be
appropriately lighted if flown at night and shall abide in all respects
to applicable State and Federal law.
2.Â
Location and height.
a.Â
No sign placed upon the ground shall be located closer than ten (10) feet to any property line and shall meet the sight triangle requirements of Section 400.290(F).
b.Â
No sign attached to the wall of a building or other structure shall
extend above the roof line of that building or structure.
c.Â
For the signs included in Subsection (A)(1) of this Section, items (a) through (c) and item (g), no sign shall exceed eight (8) feet in height from the surrounding grade to the highest point of the sign.
d.Â
Residential project construction sign.
(1)Â
Promotion sign. One (1) sign per major entrance
to the subdivision or project site.
(2)Â
Direction sign. Any number of signs located
off the premises of the subdivision or project site. Such signs shall
not be erected in such a manner as to block the view of any pre-existing
sign from the normal traffic level.
e.Â
Direction signs. No sign shall exceed three and
one-half (3½) feet above the elevation of the adjacent driveway
at the point which it meets the street right-of-way.
f.Â
Memorial or tablet signs. No sign shall exceed six
(6) feet in height from the surrounding grade to the highest point
on the sign.
g.Â
Property real estate signs. No sign shall exceed
six (6) feet in height from the surrounding grade to the highest point
on the sign.
3.Â
Other requirements.
a.Â
Construction signs. Signs identifying mechanics,
painters, architects, engineers, and similar artisans and workmen
which are attached to or on trailers on the site of construction shall
be permitted provided that upon completion of the project the trailer
must be removed within one (1) week. These trailers shall not be located
closer than ten (10) feet to the property line if such signs are visible
from the street.
All such signs shall be removed within either two (2) years
from the date of issuance of the sign permit, or when the project
has received an approved final inspection.
b.Â
Residential construction project sign.
(1)Â
On-site sign. Such sign shall be removed either
at such time as the permanent subdivision entrance sign is erected,
or when eighty percent (80%) of the lots and/or dwelling units have
been sold, whichever circumstance occurs first.
(2)Â
Off-site signs. Such signs shall be removed
either within two (2) years from the date of issuance of the sign
permit, or when eighty percent (80%) of the lots and/or dwellings
units have been sold, whichever circumstance occurs first.
c.Â
Property real estate signs. Shall be removed within
ten (10) days following the date of closing or lease initiation.
d.Â
Directional signs. May contain the street address
and/or name of the business center or the name of the use of the building,
trademark, logo, or similar matter, provided that not more than fifty
percent (50%) of the sign area is used for this purpose.
B.Â
Multi-Family Residential Uses.
1.Â
Allowable signs.
b.Â
Project identification sign. One (1) sign not exceeding
thirty-two (32) square feet in size per face shall be allowed per
project except where the project fronts on two (2) or more streets,
one (1) sign shall be permitted per frontage provided that the project
has a major traffic entrance on the street where the sign is to be
erected.
2.Â
Location and height.
[CC 1976 App. A §14.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989]
A.Â
Allowable Signs.
1.Â
Generally. All signs permitted in Section 400.835(A)(1).
2.Â
Attached signs. One (1) attached sign not exceeding ten percent (10%) of the total square footage of the building face upon which it is placed. In the instance of corner lots, an additional attached sign will be permitted on each street frontage of the building not exceeding ten percent (10%) of the total square footage of the respective building face upon which it is placed. For buildings with multiple tenants, see Subsection (C), "Other Requirements".
3.Â
Ground-mounted signs. One (1) ground-mounted sign
per lot, not exceeding forty (40) square feet per face, may be substituted
for the allowable pole sign.
4.Â
Pole sign. One (1) pole sign per lot not exceeding
fifty (50) square feet per face.
5.Â
Occupational/identification sign. One (1) attached,
non-illuminated sign not exceeding two (2) square feet in size displaying
the name, occupation and/or service located upon the premises, and
the address.
6.Â
Temporary or permanent window signs. Shall not cover more than twenty percent (20%) of the total window area or door to which they are applied. See Section 400.795(B)(10).
7.Â
Directories. For buildings with multiple occupancies,
a directory sign may be substituted in lieu of the allowable pole
sign subject to review and approval by the Planning and Zoning Commission
as to height and overall square footage.
B.Â
Location And Height.
1.Â
Signs permitted by Subsection (A)(1). All signs permitted by Subsection (A)(1) of this Section shall be governed as to height and location by the requirements of Section 400.835(A)(2).
2.Â
Attached signs. Shall be face-mounted on the building
wall, projecting not more than twelve (12) inches from the face of
the building. Such signs shall not project above the parapet wall,
mansard, or other roof line, shall maintain a clearance of ten (10)
feet above the ground or pavement, and shall be recessed where involving
a pitched roof location.
3.Â
Ground-mounted sign. Such signs shall not exceed six (6) feet in height from the surrounding grade to the highest point on the sign and shall be located no closer than ten (10) feet from the front property line or any street frontage. Such signs shall meet the sight triangle requirements of Section 400.290(F) and shall not be located so as to obstruct vision at a vehicular entry or exit from the property.
4.Â
Pole signs. Such signs shall not exceed thirty-two (32) feet in height and shall conform to the same locational requirements of Subsection (B)(3) of this Section. The bottom of the sign shall be at least ten (10) feet above the surrounding grade.
5.Â
Occupational/identification signs. Such signs shall
be flush against the building wall to which they are attached and
located adjacent to the principal entrance of the structure or business
to which they pertain.
6.Â
Window signs. Such signs may be attached to either
the interior or exterior of a window or glass door and shall be maintained
in good repair.
7.Â
Directories. As approved by the Planning and Zoning
Commission.
C.Â
Other Requirements.
1.Â
Construction and residential construction project sign as permitted by Section 400.835(C)(1).
2.Â
Each parcel shall be allowed a maximum of two (2) signs, which may be either an attached sign, a ground-mounted sign, or a pole sign, but the total number shall not include more than one (1) sign of each of these types. Signs listed in Section 400.835(A)(1), as well as window signs and occupational/directional signs as regulated by this Section are excluded from this maximum of two (2) signs.
3.Â
Buildings with multiple occupancy. For buildings
and/or property containing more than one (1) business or tenant, each
business or tenant may have an attached sign conforming to the requirements
of this Section. For the purposes of determining the total square
footage of the attached sign, only the face of each respective lease
unit to which the respective sign will be attached shall be counted.
Each sign must be attached to the lease unit containing the business
or tenant identified. Buildings or properties of multiple occupancy
are permitted one (1) directory sign, subject to approval of the Planning
and Zoning Commission. In no instance shall this Article be interpreted
as permitting one (1) pole or ground-mounted sign for each business
or tenant in such multiple-occupancy situations.
4.Â
Each building or property may have one (1) additional attached sign
conforming to the requirements of this Section on walls containing
a main entrance which face customer parking areas and are not visible
from either a public or private street. For this exception to apply,
the signs must be attached to the same wall as their respective entrances
and both the signs and the entrances must be upon the same plane of
the building.
[CC 1976 App. A §14.12; Ord. No. 2449 §1, 11-14-1988]
A.Â
Allowable Signs. All signs permitted by Section 400.840(A)(1).
B.Â
Location And Height.
1.Â
As regulated by Section 400.840(B).
2.Â
Exception. Industrial uses having more than one
(1) permanent building may provide additional attached or freestanding
signs of a directional nature subject to approval by the Planning
and Zoning Commission as to height, location and size. (This exception
shall not apply to commercial uses permitted within Industrial Zoning
Districts.)
C.Â
Other Requirements. As regulated by Section 400.840(C).
[CC 1976 App. A §14.13; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2003-10 §1, 2-24-2003; Ord.
No. 2011-23 §§3, 6 — 11, 9-12-2011]
A.Â
Automobile And Truck Service Stations — Convenience Stores
With Gasoline Pumps.
1.Â
Allowable signs.
a.Â
Brand identification signs.
(1)Â
One (1) pole-mounted sign not exceeding thirty-two (32) square
feet per face.
(2)Â
One (1) ground-mounted sign, in lieu of a pole-mounted sign,
not exceeding forty (40) square feet in size per face.
(3)Â
One (1) attached sign not exceeding ten percent (10%) of the
total square footage of the building face upon which it is placed.
In the instance of corner lots, an additional attached sign will be
permitted on each street frontage of building not exceeding ten percent
(10%) of the total square footage of the respective building face
upon which it is placed.
(4)Â
One (1) attached company logo not exceeding thirty-two (32)
square feet per street frontage.
b.Â
Price signs.
(1)Â
One (1) price sign per pump island not exceeding ten (10) square
feet per face per sign.
(2)Â
One (1) price sign as a component of the permitted pole sign
not exceeding ten (10) square feet per face in lieu of the price signs
per pump island.
(3)Â
In those instances where digital price signs are utilized, such
sign shall be constant in nature, and shall not travel, flush, inverse,
write-on, up or down scroll, roll, grow, melt, X-ray, twinkle, snow,
or otherwise change its nature.
c.Â
Self-service and/or full service signs. Two (2)
self-service or full service signs per pump island not exceeding ten
(10) square feet per face per sign.
d.Â
Signs required by law. Federal and State stamps,
octane ratings, pump use directions, no smoking signs, as required
by Federal, State and local authorities.
2.Â
Location and height.
a.Â
Brand identification signs.
(1)Â
Pole signs. As regulated by Section 400.840(B).
(2)Â
Ground-mounted signs. As regulated by Section 400.840(B).
(3)Â
Attached signs. A regulated by Section 400.840(B).
b.Â
Company logos. As regulated by Section 400.840(B)(2).
c.Â
Price signs and self-service and/or full service signs. Shall be located at the ends of pump islands and may be affixed
to the canopy, canopy supports, poles, or end pumps.
d.Â
Federal and State stamps, etc. Shall be placed upon
the body of the gasoline pump, or as required by the respective governmental
authority.
3.Â
Other requirements.
a.Â
Canopy use. An attached or detached canopy may be
used in lieu of the permitted pole sign for the location of brand
identification signs, or as an alternative location for price signs,
or company logos.
b.Â
Portable signs. The use of portable signs for the
advertisement of cigarettes, food, or other sundry items is specifically
prohibited.
B.Â
Special Displays And Other Temporary Signs.
1.Â
The following temporary signs may be approved by the Director of
Public Works for up to a thirty (30) day time period. Such signs may
be extended beyond the thirty (30) day time period, but only upon
review and approval by the Planning and Zoning Commission.
a.Â
Banners attached to buildings, pennants, streamers, pinwheels, and
the like.
b.Â
Signs announcing openings.
c.Â
Seasonal or special occasion signs such as special events and special
business hours.
d.Â
Yard signs, such as "Siding by.".
e.Â
Real estate directional signs such as "Open House", not exceeding
three (3) square feet in size per face.
f.Â
All other temporary signs not specifically referenced in this Article.
g.Â
Portable signs, signs not permanently affixed to the ground.
h.Â
Street banners erected by a public agency, non-profit, charitable,
or religious organization.
2.Â
Temporary yard signs of any kind shall not exceed six (6) square
feet in area per face, unless otherwise specifically provided in this
Article.
3.Â
Sandwich boards, not to exceed eight (8) square feet in area per
face, may be used by commercial properties in the "C-1", "C-2", "PD-C"
and "PD-MxD" districts subject to the following conditions:
a.Â
The owner or occupant of the commercial property must obtain a permit
for the sandwich board from the Director of Public Works. The permit
will be effective for one (1) year or until renewal of the business
license for the owner or occupant, whichever occurs first. A permit
for a sandwich board sign must be renewed annually at the time of
the business license renewal for the owner or occupant. The annual
permit fee shall be ten dollars ($10.00). Any sandwich board displayed
without a permit is a prohibited sign.
b.Â
Only one (1) sandwich board may be used at any one time for a commercial
property. The sandwich board may be used only during the hours the
commercial property is open for business and shall be removed at any
time the commercial property is closed.
c.Â
At no time shall a sandwich board block any public walkway, street
or driveway. A clear passage of five (5) feet shall be maintained
between any sandwich sign and the curb of the street.
d.Â
The sandwich board shall not be illuminated.
e.Â
No balloons or streamers or any similar matter shall be attached
to the sandwich board.
f.Â
The sandwich sign shall have a professional finish and no part of
the sandwich board shall display raw plywood.
g.Â
The sandwich board shall advertise only an activity, business, product
or service sold or conducted on the premises where the sandwich board
is located.
C.Â
Standard Outdoor Advertising Structure (Billboards).
1.Â
Where permitted. Advertising signs complying with
all the requirements of this Article shall be permitted upon all property
within the City of Overland having frontage on Interstate 170, with
the exception of those properties within any Residential or Planned
Residential Zoning District. Within areas zoned Planned Development
District, or property in any district upon which a conditional use
permit has been issued, such advertising signs shall only be permitted
if specifically authorized upon the final development plan or permit
approval.
2.Â
Permit required. It is hereby declared that outdoor
advertising structures present unique problems with respect to their
location and relationship to other land uses. Therefore, analysis
and judgment of the consequences of each outdoor advertising structure
is necessary to assure and promote the public health, safety and general
welfare. No outdoor advertising structure shall be erected without
first securing a permit from the City of Overland in accordance with
the requirements of this Section.
3.Â
Procedures. The granting of an outdoor advertising
permit may be initiated by a verified application of one (1) or more
of the owners of record or owners under contract of a lot or tract
of land, or their authorized representatives. Procedures for application,
review, and approval of such a permit shall be as follows:
a.Â
Application. Application for an outdoor advertising
permit for a specific tract of land shall be addressed to the Planning
and Zoning Commission and filed in its public office. The application
shall be filed on forms prescribed for that purpose by the Planning
and Zoning Commission and be accompanied by the following:
(1)Â
Filing fee per requirements of the City.
(2)Â
Legal description of the property.
(3)Â
Outboundary plat of the property.
(4)Â
The following types of descriptive plans:
(a)Â
A set of plans, to scale, approved and sealed by a licensed
engineer in the State of Missouri, providing all necessary construction
and electrical details of the sign and sign structure, including height.
(b)Â
A site plan, to scale, containing:
(i)Â
The proposed location of the sign upon the property.
(ii)Â
The distance from the proposed sign location to
any buildings upon the property, and adjoining street right-of-way
lines, and driveway entrances.
(iii)Â
The distance from the proposed sign location
to the next nearest billboard sign on either side of the street in
either direction.
(iv)Â
The distance from the proposed sign location to
the nearest street intersection in either direction.
(c)Â
A representation of the proposed sign, to scale, including the
width and length of the sign faces, and height from surrounding grade.
(5)Â
Any other information deemed necessary by the Commission.
Note: All plans, architectural drawings, renderings
or other materials or visual aids either submitted to the Planning
and Zoning Commission or presented at their meeting shall become the
property of the City and part of the permanent record of any decision.
b.Â
Review procedures. The application shall be submitted
to the Director of Public Works who shall institute an administrative
review of the application by all affected City departments. The results
of this review shall be compiled by the Director of Public Works and
shall be reported by him/her to the Planning and Zoning Commission
for its consideration. Upon receiving the application, and associated
documents from the Director of Public Works, the Planning and Zoning
Commission shall complete its review of the application and shall
render a decision either denying, approving, or approving with conditions.
The application, along with the Planning and Zoning Commission's action
and reasoning, shall be forwarded to the City Council as an informational
item where it shall be its option to either require a further review
and approval of the application at the Council level, or concur with
the Commission by taking no further action.
c.Â
Public hearings. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Article XII, amendment procedure, except that the public notice shall indicate that the public hearing is for an outdoor advertising permit. The public hearing shall be held within forty-five (45) days of verification by the Director of Public Works that the petition meets the minimum application requirements.
d.Â
Permit effective, when. Unless the City Council
exercises its power of review, or a duly filed protest is received
by the City Clerk, an outdoor advertising permit, or an amendment
thereto, shall become effective following the regularly scheduled
meeting of the City Council at which the report of the Planning and
Zoning Commission concerning the proposed permit is received. In the
event that a permit is filed in conjunction with a change of zoning,
the permit shall not become effective until the date of enactment
of the ordinance authorizing the zoning change. In the event that
some additional approval is required by some other governmental authority
or agency, the permit shall not become effective until that approval
is received.
e.Â
Effect of denial. Upon denial by the Planning and
Zoning Commission of an application for an outdoor advertising permit,
the Commission shall notify the applicant of the denial. If no appeal
is filed from the denial and if the City Council does not exercise
its power of review, no subsequent application for a permit with reference
to the same property or part thereof shall be filed by any applicant
until the expiration of twelve (12) months after the denial; although
the applicant is restrained from reapplying for a twelve (12) month
period.
f.Â
Appeal, protest or Council review of Planning and Zoning
Commission decision.
(1)Â
Appeal by petitioner from decision. Upon a
decision being reached by the Planning and Zoning Commission concerning
an application for an outdoor advertising permit, the applicant may
file an appeal with the City Council requesting a determination from
that body. A notice of appeal shall be filed within ten (10) days
following the Planning and Zoning Commission's decision, be in writing,
filed with the City Clerk in duplicate, and accompanied by a fee as
set by the City ordinance. The appeal shall specifically state how
the application as initially filed, or subsequently modified, meets
the applicable criteria set forth in this Section.
(2)Â
Protest by nearby property owners to decision. In case a protest against such a permit is presented, duly signed,
notarized, and acknowledged by the owners of more than ten percent
(10%) of the land within an area determined by lines drawing parallel
to and one hundred eighty-five (185) feet distance from the boundaries
of the property upon which the outdoor advertising structure will
be located, such permit shall not become effective except by the favorable
vote of three-fourths (¾) of all of the members of the City
Council. A notice of protest must be filed within the ten (10) days
following the Planning and Zoning Commission's decision, be in writing,
filed in duplicate with the City Clerk, and accompanied by the signatures
and addresses of the property owners involved. The notice of protest
shall include a notarized verification from the person(s) collecting
the protestant's signatures that all signatures are correct and real.
The protest shall specifically state how the application, as initially
filed, or subsequently modified fails to meet the criteria set forth
in this Section.
(3)Â
City Council review of decision. The City Council
may exercise the power of review of any Planning and Zoning Commission
decision on an application for an outdoor advertising permit, or an
amendment thereto, upon motion adopted by a majority vote at the regularly
scheduled meeting of the City Council at which the report of the Planning
and Zoning Commission on the application is received.
g.Â
Public hearing by the City Council. Before acting
on any appeal or protest, the City Council shall set the matter for
hearing. The City Council shall give written notice of such hearing
to the applicant and all other persons who appeared and spoke in opposition
to the application at the public hearing before the Planning and Zoning
Commission or to the protestants in the case of a protest. The applicant
and the protestants in the case of a protest shall be heard at the
hearing.
In addition, any other person or persons who, in the discretion
of the City Council, will be aggrieved by any decision or action with
respect to an appeal or protest may also be heard at the hearing.
h.Â
City Council decision. Following the hearing by
the City Council on an appealed or protested application, the City
Council may affirm, reverse or modify, in whole or in part, any determination
of the Planning and Zoning Commission. An affirmative vote of three-fourths
(¾) of the members of the City Council shall be required to
reverse or modify any determination of the Planning and Zoning Commission.
4.Â
Design criteria.
a.Â
Area and height.
(1)Â
The maximum area for any one (1) sign face shall be determined
at the discretion of the Planning and Zoning Commission on the basis
of the specific facts shown and situation present. Each application
for an outdoor advertising permit shall be reviewed on the basis of
its individual merits.
(2)Â
The maximum height shall not exceed fifty (50) feet from the
highest point on the sign to surrounding grade or street level, whichever
is higher.
c.Â
Embellishments. Embellishments to outdoor advertising
structures may be considered, provided they in no case extend more
than one (1) foot beyond the relevant sign face.
d.Â
Location.
(1)Â
No such sign shall be erected within one thousand (1,000) lineal
feet of an existing sign on the same side of the intersection.
(2)Â
No such sign shall be located within five hundred (500) lineal
feet of a residence, regardless of Zoning District.
(3)Â
No sign shall be located in such a manner as to obstruct or
otherwise physically interfere with the effectiveness of an official
traffic sign, signal or device or obstruct or physically interfere
with a motor vehicle operator's view of approaching, merging or intersecting
traffic.
(4)Â
No such sign shall be placed closer than five hundred (500)
feet to an intersection on a State highway or proposed State highway
and measured from the nearest edge of the right-of-way. No such sign
shall be so located to obstruct the vision of traffic using entrance
ways, driveways, or any public road intersection.
(5)Â
The minimum front yard setback for such signs shall be a minimum
of fifty (50) feet from any public right-of-way and/or private roadway
easement.
(6)Â
No sign shall be located on any public or private utility easement,
road, drainage easement or railroad right-of-way.
(7)Â
All lineal distances required by this Section shall be measured
from the nearest outside edge of the subject sign, whether a support,
structural member, or the sign surface itself to the nearest outside
edge of the corresponding sign, building, right-of-way or easement
involved.
e.Â
Construction specifications.
(1)Â
Henceforth, any such sign erected under this Article shall be
a single pedestal type, constructed of non-flammable material, excluding
wood. Construction of the sign and material specifications shall comply
with Section 903 of the Missouri Standard Specifications for Highway
Construction, as applicable, and must meet the structural requirements
of the City's Building Code.
(2)Â
Such signs may be placed back-to-back or in a "V" type construction.
(3)Â
Up to three (3) side-by-side displays will be permitted on each
sign face; however, no more than two (2) sign faces will be permitted
per sign structure.
(4)Â
No vertical stacking of sign faces or individual displays will
be permitted.
f.Â
Illumination. Neither the direct nor reflected light
from primary light sources shall create a traffic hazard to operators
of motor vehicles on public thoroughfares, nor shall the light sources
be oriented such that either direct or reflected light creates a nuisance
to adjoining properties.
5.Â
Standards for trivision billboards. Trivision billboards
shall comply with all location, design, illumination and construction
provisions of this Code for standard outdoor advertising structure
and signs, and shall also comply with the following standards:
a.Â
The static display time for each message is a minimum of eight (8)
seconds.
b.Â
The time to completely change from one message to the next is a maximum
of two (2) seconds.
c.Â
The change of message must occur simultaneously for the entire sign
face.
d.Â
The sign shall be designed such that the sign will freeze in one
(1) position if a malfunction occurs.
6.Â
Standards for electronic billboards.
a.Â
Location design. Electronic billboards shall be
subject to all location and design provisions of this Code.
b.Â
Duration of message. The electronic billboard image
or any portion thereof shall have a minimum duration of at least ten
(10) seconds and shall be a static display. No portion of the image
may flash, scroll, twirl, change color, or in any manner imitate movement.
c.Â
Transition of message. Where the electronic billboard
image or any portion thereof changes, the change sequence shall only
be accomplished by means of instantaneous re-pixelization.
d.Â
Video display prohibited. No portion of any electronic
billboard may change its message or background in a manner or by a
method of display characterized by motion or pictorial imagery, or
depict action or a special effect to imitate movement, or the presentation
of pictorials or graphics displayed in a progression of frames that
give the illusion of motion or the illusion of moving objects, moving
patterns or bands of light or expanding or contracting shapes.
e.Â
Brightness and illumination.
(1)Â
Brightness. The electronic billboard sign shall
not exceed a maximum of five thousand (5,000) nits (candelas per square
meter) during daylight hours and a maximum illumination of five hundred
(500) nits (candelas per square meter) between sundown and sunrise
measured from the sign's face at maximum brightness.
(2)Â
Fluctuating or flashing illumination. No portion
of any electronic billboard may fluctuate in light intensity or use
intermittent, strobe or moving light or light that changes in intensity
in sudden transitory bursts, streams, zooms, twinkles, sparkles or
that in any manner creates the illusion of movement.
(3)Â
Dimmer control. Electronic billboards shall
be equipped with an automatic dimmer control to produce a distinct
illumination change from a higher illumination level to a lower level
for the time period between sundown and sunrise.
f.Â
Audio. Audio speakers are prohibited in association
with an electronic billboard.
g.Â
Text size requirements. Every line of copy and graphics
displayed on an electronic billboard shall be at least twelve (12)
inches in height on a road with a speed limit of forty-five (45) miles
per hour or greater and fifty-four (54) miles per hour or less, and
at least fifteen (15) inches in height on a road with a speed limit
of fifty-five (55) miles per hour or greater.
h.Â
Malfunction and non-compliance. Electronic billboards
shall be designed and equipped to freeze the device in one (1) position
if a malfunction occurs. The electronic billboards shall be equipped
with a means to immediately discontinue the display if it malfunctions,
and the sign owner shall immediately stop the dynamic display when
notified by the City that it is not complying with standards of this
Code.
i.Â
Provision of community and public service messaging. The owner of an electronic billboard may enter into an agreement
with the City to provide the City no less than five (5) hours (1,800
ten-second spots) per month per electronic billboard in the City for
community and public service messages at such times as shall be determined
by the City.
j.Â
Billboard replacement. The owner of a billboard
existing on the effective date of this Section may, by application
for and approval of a conditional use permit, relocate the billboard
structure for the purpose of installing an electronic billboard; provided
all of the following conditions are satisfied:
(1)Â
All existing billboards and freestanding on-premise electronic
message signs and their supporting structures shall be permanently
removed from the property upon which the electronic billboard is to
be located prior to the issuance of a building permit for the electronic
billboard.
(2)Â
No freestanding on-premise electronic message signs or billboards
shall be located on the property upon which an electronic billboard
is located.
(3)Â
The electronic billboard shall be located on the same property, within the property boundaries existing upon the effective date of this Subsection (C)(6) and within two hundred fifty (250) feet of the existing billboard being replaced.
(4)Â
The electronic billboard shall comply with all location and
design provisions of this Code.
(5)Â
The maximum number of sign faces or surfaces permitted on the
electronic billboard shall not exceed two (2).
7.Â
Prohibited signage.
a.Â
Roof-mounted signs or signs affixed directly to the side of any building.
b.Â
Any changeable message sign of any kind except as expressly provided for in Section 400.850(C)(5) and Section 400.850(C)(6).
c.Â
Fluttering signs, pinwheels, pennants, streamers and banners.
d.Â
Moving signs or swinging signs.
e.Â
Signs which contain characters, cartoons or statements, words, or
pictures of an obscene, indecent, prurient or immoral character.
f.Â
Signs which contain or are an imitation of an official traffic sign
or signal, or which are of a size, location, movement, content, coloring
or manner of illumination which may be confused with or construed
as a traffic control device, or which may hide from view any traffic
or street sign or signal.
g.Â
Any sign constructed or located in such a manner such that it becomes
an immediate hazard or danger to persons or property because of being
in an unsafe condition, or which obstructs any window, door, or fire
escape of an adjacent building. Such signs will be subject to immediate
removal by the Director of Public Works or his/her designee, without
notice, at the expense of the property owners.
8.Â
Maintenance. All signs and sign supports shall be
maintained in good repair so as to prevent rust, peeling, flaking
or fading. Broken panels, missing letters, flaking or peeling paint
and other visual damage to a sign shall be repaired within forty-five
(45) days of occurrence or within thirty (30) days notification by
the Building Commissioner or his/her designee.
9.Â
All outdoor advertising structures and signs to comply with
Federal and State law. All outdoor advertising structures
and signs, including billboards, trivision billboards, projection
or other changeable message billboards, shall comply with Federal
law and regulations and Missouri State law and regulations. In the
event of any conflict between this Chapter and Federal law and regulations
or Missouri State law and regulations, the most restrictive shall
apply unless otherwise required by law.
D.Â
On-Premise Commercial Electronic Message Signs. An "on-premise electronic message sign" is a sign or portion
thereof with characters, letters, or illustrations that can be electronically
changed or rearranged without altering the face or the surface of
the sign and directs attention to a business, product, commodity,
service, entertainment or attraction sold, offered or existing upon
the same lot where such sign is displayed. Requirements are as follows:
1.Â
Such signs shall be subject to the requirements for building-mounted
or freestanding signs;
2.Â
A conditional use permit shall be required for such signs to determine
the appropriateness of the proposed location of such sign and to set
standards for the operational characteristics such as, but not limited
to, the time frames between messages, and the safety impacts on the
general public of such a display. Such signs which display only the
time and temperature and are eight (8) or less square feet in area,
and displays of gasoline and diesel fuel prices are not subject to
conditional use permit approval. Such time/temperature signs and fuel
price signs shall be constant and steady in nature, and shall not
grow, melt, X-ray, up or down scroll, write on, traverse, inverse,
roll, twinkle snow, present pictorials or other animation, or move
or create the illusion of movement.
3.Â
The behavior and display of any on-premise electronic message sign
existing on the date of the effective date of this Section that may
be electronically programmed by any means, and of any on-premise electronic
message sign installed or erected after the effective date of this
Section, shall be subject to the following restrictions.
a.Â
The electronic message sign image or any portion thereof shall have
a minimum duration of at least ten (10) seconds and shall be a static
display. No portion of the image may flash, scroll, twirl, change
color, or in any manner imitate movement.
b.Â
No portion of the on-premise electronic message sign may change its
message or background in a manner or by a method of display characterized
by motion or pictorial imagery, or depict action or a special effect
to imitate movement, or the presentation of pictorials or graphics
displayed in progression of frames that give the illusion of motion
or the illusion of moving objects, moving patterns or bands of light
or expanding or contracting shapes.
c.Â
No portion of any electronic message sign may fluctuate in light
intensity or use intermittent, strobe or moving light or light that
changes in intensity in sudden transitory bursts, streams, zooms,
twinkles, sparkles, or that in any manner creates the illusion of
movement.
d.Â
No audio speaker may be used in association with an on-premise electronic
message sign.