[Ord. No. 3456, 1-7-2019[1]]
This Chapter shall be known as the "Sign Regulations" and may
be cited as such and may be referred to in this Chapter as the "code."
[Ord. No. 3456, 1-7-2019]
A.
These Sign Regulations are adopted under the zoning authority of
the City in furtherance of the more general purposes set forth in
the zoning ordinance. Generally, it is the purpose of these Sign Regulations
to provide minimum standards to safeguard life, health, property,
property values and public welfare by regulating and controlling the
quality of materials, construction, location, installation, maintenance
and abandonment of Signs, in addition to the number, size, Sign type,
and type of illumination of all Signs and Sign structures located
on private property. Some specific illustrations of the purposes of
these Sign Regulations are:
1.
To encourage the effective use of Signs as a means of communication
in the City.
2.
To maintain and enhance the aesthetic environment and the City's
ability to attract sources of economic development and growth.
3.
To promote economic vitality and provide for a desirable and
attractive environment to live, work and visit.
4.
To ensure safety of pedestrians, motorists, drivers and passengers
and other users of the public rights-of-way and open spaces by ensuring
Signs are maintained and structurally safe, do not distract or reduce
the effectiveness of public Signs, and improve traffic safety.
5.
To provide necessary signage to direct the police and emergency
services.
6.
To regulate Signs on public property, easements, buildings and
rights-of-way.
7.
To protect property values by minimizing adverse effects of
Signs on adjacent property, which can occur from conditions such as
light trespass, obstructing views and access, or visual clutter.
8.
To protect the residents of the City from unreasonable intrusions
that affect their right of privacy.
9.
To provide for the fair and consistent enforcement of these
Sign restrictions.
[Ord. No. 3456, 1-7-2019]
A.
Sign Permits. Every Sign shall conform to the requirements of these
Sign Regulations, irrespective of when such Sign was established within
the City limits unless otherwise allowed for in these Sign Regulations.
Any Sign, except a Temporary Sign, shall, by definition, be a structure.
No Sign shall be erected, enlarged, constructed or otherwise installed
without first obtaining a Sign permit, unless specifically exempted
by these Sign Regulations, and a Sign permit shall be legally issued
only when in compliance with these Sign Regulation. All Signs shall
be constructed in such a manner and of such material that they shall
be safe and substantial.
[Ord. No. 3612, 11-7-2022]
B.
Zoning District Requirements. Signs are allowed in each zoning district
as provided in Appendix A to this Chapter, and Non-Residential Signs
in Appendix B to this Chapter: Table of Permitted and Specially Permitted
Signs. The Appendices list requirements by numbers of Signs allowed
(per structure or on each premises), size, height, setbacks and illumination.
Each cell in the tables lists exclusively permitted Signs and standards;
except that Ground Signs, Elevated Signs and Monument Signs are mutually
exclusive. The number of Signs and aggregate square footage of Sign
Face Areas per Parcel are also specified.
[Ord. No. 3456, 1-7-2019]
If any one (1) or more of the provisions of these Sign Regulations,
or the applicability of any such provision to a specific situation,
shall be held invalid or unenforceable, such provision shall be modified
to the minimum extent necessary to make it or its application valid
and enforceable, and the validity and enforceability of all other
provisions of these Sign Regulations and all other applications of
any such provision shall not be affected thereby.
[Ord. No. 3456, 1-7-2019]
In any case where a provision of these Sign Regulations is found
to be in conflict with the City Code, a provision of any other ordinance
or other legislation of the City existing on the effective date of
these Sign Regulations, the provision which establishes the stricter
requirement shall prevail.
[Ord. No. 3456, 1-7-2019]
A.
In addition to a building permit as may be required under the City
of Harrisonville Building Code, a Sign permit shall be obtained from
the City prior to installation, construction or alteration of any
permanent Sign regulated under these Sign Regulations except for those
Signs specifically exempted under the City Code. Sign permits shall
be granted pursuant to the provisions governing Sign permits.
B.
To appeal any decision (denial of permit, partial approval, code interpretation) made by the City in reference to Chapter 435, any individual, firm or corporation disputing such decision made may appeal to the Board of Zoning Adjustment to reverse any order, requirement or decision of the party appealed from or to issue an order in favor of an appellant, following the requirements of Chapter 405: Zoning Regulations, Article XXII.
[Ord. No. 3456, 1-7-2019]
In any case where a requirement of these Sign Regulations applies
to Premises in the purview of the City of Harrisonville Historic Preservation
Commission, such requirement shall be subjected to that Commission's
review in whatever procedure is applicable by law prior to issuance
of a Sign permit and, if applicable, prior to submission to another
City board for review. The Historic Preservation Commission shall
review and respond to Sign permit applications within forty-five (45)
days of receiving a completed application.
[Ord. No. 3456, 1-7-2019; Ord. No. 3612, 11-7-2022]
Any word or phrase, which is defined in this Section, shall have the meaning assigned to it by this Section whenever the word or phrase is used in these Sign Regulations. See Section 435.080 for definitions and/or descriptions of Functional Types and Structural Types of Signs, General Definitions. As used in these Sign Regulations the following terms shall have these prescribed meanings:
Any Sign described under Section 435.160.
The total combined square feet resulting from adding together
all Sign Face Areas of all Signs legally located on a Parcel. The
Sign Face Area of each Sign shall be calculated as specified in Section
435.130(D), Computation of Sign Face Areas.
A roof-like cover that projects from the wall of a building
for the purpose of shielding a doorway, walkway or window from the
elements. Awnings are often made of fabric or flexible plastic supported
by a rigid frame and may be retracted into the face of the building.
Awnings are not considered as temporary signs.
A Billboard is an Off-Premise Sign that is regulated in Section 435.140.
A depiction or drawing to scale showing horizontal and vertical
elements of a building or structure, including but not limited to
walls, roof lines and other architectural features.
A Sign made of fabric, cloth, vinyl or some other textile
material. Fabric Message Displays are considered a Temporary Sign
type.
The front of a building or any of its sides facing a public
way or space, especially one (1) distinguished by its architectural
treatment.
A Sign Structure permanently attached to the ground and that
is wholly independent of any building or other structure. The term
"Freestanding Sign," includes, but is not limited to, Ground Signs
and Monument Signs.
Any Sign Structure that is illuminated by an external or
internal light source that is visible.
See "FULLY ILLUMINATED," "INDIRECTLY ILLUMINATED" and "INTERNALLY
ILLUMINATED."
Any Sign Structure that is partially or completely illuminated
at any time by an external light source that is shielded to not be
visible at eye level.
Any Sign Structure that is illuminated internally over its
entire area by use of electricity or other artificial light.
A tract of land having specifically described legal boundaries.
A roof-like structure, often bearing a Sign, projecting over
an entrance. Example, but not limited to, a theater.
A solid support of a Sign Face the width of which is no less
than fifty percent (50%) of the Sign Face width.
A Sign Structure that contains two (2) or more Sign Face
surfaces that are located on different sides of the Sign Structure
and are separated from each other at their nearest point by no more
than three (3) feet.
A single office, commercial or industrial Parcel that is
designed or intended for occupancy by two (2) to four (4) businesses.
Any single building designed and constructed for two (2)
or more tenants, each with separate public exterior entrances.
A Lot or contiguous group of Lots under single ownership
or under single control usually considered a unit for purposes of
residence, development and/or business.
Any Sign type not classified as a Temporary Sign, and requiring
a sign permit, and which is constructed of durable materials, and
is permanently fixed in place with the exception of Sandwich Board
and Sidewalk Signs, and is intended to be displayed for an indefinite
period of time.
A Lot or Parcel, together with all buildings and structures
thereon. In the case of multi-tenant buildings or multi-tenant non-residential
developments or shopping center buildings with any number of retail,
service, or other establishments, a premise shall be defined as each
tenant space or business space structure. Sign regulations, with the
exception of temporary sign regulations, shall apply to each tenant
space or business space and its structure. Temporary signs shall not
be allowed on parcel premises common areas of Multi-Tenant Buildings
or Multi-Tenant Non-Residential Developments.
A unified retail commercial grouping in one (1) or more buildings
of a minimum five (5) retail or service establishments.
Any object, device, display or structure, or part thereof, that is used to advertise, identify, display a message, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including, words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Other than Billboards, On-Premise Signs, except temporary signs, are accessory structures to the principal structure or use on a Parcel. Special regulations relating to Billboards are located in Section 435.140, Regulations Relating to Billboards. Examples of items which typically do not satisfy the necessary elements of this definition, include, but are not limited to, original art displays, architectural elements incorporated into the style or function of a building, or inscriptions on decorative rocks.
The area of the Sign that contains the words or pictorial
images making up the message of the Sign as more fully defined in
Section 435.130(D).
The area or display surface as defined in Section 435.130(D).
The vertical distance to the highest point of a Sign Structure,
as measured from the average grade at the base of the Structure or
directly below a projecting structure.
All elements of a Sign, including the Sign Face, background
or decorative elements related to the presentation of the Sign's message,
and the structural supports.
A Sign directing attention to a name, a business product,
development, or service which is offered, manufactured, or sold at
a location other than the Lot or Parcel upon which such Sign is located.
Any Sign other than an Off -Premise Sign.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner or anything constructed
or erected with a fixed location on the ground or attached to something
with a fixed location on the ground. Structures include but are not
limited to buildings, walls, fences, billboards, poster panels, above
ground storage tanks, and similar uses. Excluded are temporary signs,
sidewalks, pavement and public improvements such as utility poles,
street light fixtures, and street signs.
A sign that is, due to its materials and methods of construction, intended to be posted for a temporary period of time, not to exceed thirty (30) days, nor more often than four (4) times per year, on any given parcel or property, on public or private property, and is constructed from non-durable materials, including, but not limited to, paper, cardboard cloth, fabric, plastic and/or wallboard and does not constitute a structure subject to the City's Building Code or this Chapter. Such Signs are regulated under Section 435.120.
One who possesses or occupies land or buildings by title,
under a lease, or through payment of rent; an occupant, inhabitant
or dweller of a place.
[Ord. No. 3456, 1-7-2019; Ord. No. 3612, 11-7-2022]
Appendix A to this Chapter presents the type, maximum number,
size, height and other restrictions relating to specific signage that
are permitted by right in each zoning district.
A.
Functional Sign Types.
1.
ANIMATED SIGNS: Electronic Signs with computer-generated animation
that are components of otherwise permitted Signs for a principal land
use on the Premises where the Sign is placed; and whose message does
not attract the attention of viewers through flashing displays.
2.
ATTENTION-ATTRACTING DEVICE: Any flasher, blinker, animation
or other object displayed temporarily to attract the attention of
the public.
3.
BANNERS: A Sign of lightweight fabric or similar material that
is mounted to a pole or building. Promotional banners may be used
to announce open houses or grand openings or special events. Banners
are classified as temporary signs.
4.
BUSINESS SIGN: A Sign which directs attention to a business
or profession conducted or to products, services or entertainment
sold or offered upon the Premises where such Sign is located or to
which it is affixed.
5.
CONSTRUCTION SIGN: A Sign indicating the names of the architects,
engineers, landscape architects, contractors and similar artisans
involved in the design and construction of a structure, complex or
project only during the construction period and only on the Premises
on which the construction is taking place. Also including incidental
Signs to such project that direct deliveries or parking and warn the
public of dangers inherent to the project.
6.
CONSTRUCTION SAFETY SIGN: A Temporary Sign to protect the public
from potential injury or harm by notifying the traveling (driving
or pedestrian) public of safety issues regarding construction of infrastructure
repairs or improvements within the public right-of-way.
7.
ELECTRONIC MESSAGE BOARD: A type of Sign that presents its message
through illumination of intermittent or moving lights forming the
letters, numbers or symbols of the message, whether or not the message
appears to move across the Sign Face.
8.
ENTRANCE/EXIT SIGN: A Sign used to safely direct vehicular traffic
and emergency services into or out of a Parcel or to or from a business
via a driveway from a street if each Sign complies with the following:
9.
IDENTIFICATION SIGN, PROPERTY: A Sign giving the name and address
of a structure, business, development or establishment. Such Signs
may be wholly or partly devoted to a readily recognized symbol.
10.
INFLATABLE SIGN: A Sign that is intended to be expanded by air
or other gas for its proper display or support. Inflatable signs are
classified as temporary signs.
11.
POLE SIGN: A Freestanding Sign attached to a bare pole, as distinct from an "Elevated Sign." New pole signs are not allowed. Existing pole signs must be used and maintained, or they become non-legal non-conforming and must be removed. These signs are prohibited unless existing and allowed per Section 435.150 of these Sign Regulations.
B.
Structural Sign Types.
1.
AWNING, CANOPY OR MARQUEE SIGN: A Sign that is mounted on, painted
on, or attached to an awning, canopy or marquee. No such Signs shall
project above, below or beyond the awning, canopy or marquee.
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Figure 1 Canopy Sign
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2.
GROUND SIGN: Any Sign placed upon, or supported by, the ground
independent of the principal structure on the Parcel, where the bottom
edge of the Sign is less than six (6) feet above the ground, and the
support structure is no less than fifty percent (50%) of the width
of the face of the Sign, presenting a monolithic base.
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Figure 2 Ground Sign
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Ten (10) feet maximum height as measured from the top of the
Sign to the average of the grade elevation at the Sign base.
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Planter is optional.
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Landscaping is required. The landscaping shall extend no less
than three (3) feet from the base of the Sign.
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3.
ELEVATED SIGN: Any Sign placed upon, or supported by, the ground
independent of the principal structure on the Parcel where the bottom
edge of the Sign is ten (10) feet or more above the ground level,
and where the support structure is other than a bare pole.
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Figure 3 Elevated Sign
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Z = Maximum height varies by zoning district. See Appendix A
to this Chapter. Height is measured from the top of the Sign as measured
from the average of the grade elevation from the Sign base.
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The support structure must be other than a bare pole.
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4.
MONUMENT SIGN: Any Sign whose base is greater in width than
the face of the Sign, and whose height is no greater than six (6)
feet.
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Figure 4 Monument Sign
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X = ± 110% of the width of the Sign Face.
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Y = ± 10% of the width of the Sign Face.
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Six (6) feet maximum height as measured to the highest point
of the Sign from the average of the grade elevation at the Sign base.
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Landscaping is required in other than industrial zoning districts.
The landscaping shall extend no less than three (3) feet from the
base of the Sign.
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5.
SANDWICH BOARD AND SIDEWALK SIGNS: A Sign that is intended to
be easily moved by an individual and that is not permanently affixed
to a structure or the ground, including, but not limited to, a-frame,
t-frame and sandwich board Signs. These sign types are constructed
of permanent durable materials. Banners on t-posts are not included
in this definition.
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Figure 5 Sandwich Board and Sidewalk Signs
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6.
PORTABLE MOVABLE DISPLAY SIGN: A movable display, capable of relocation, under its own power, or towed by a motor vehicle. The display message of the Sign may be painted or non-painted and capable of being readily altered. Portable Movable Display Signs may be with or without electrical illumination, power or wheels. Portable Movable Display Signs are prohibited unless existing and allowed per Section 435.150 of these Sign Regulations.
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Figure 6 Portable Movable Display Sign
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7.
PROJECTING SIGN: A Sign that is wholly or partly dependent upon
a building structure for support and which projects more than twelve
(12) inches from such structure. Projecting Signs shall not project
more than five and one-half (5 1/2) feet beyond the face of the
building. Projecting Signs shall be a minimum of ten (10) feet above
the level of any sidewalk from the bottom of the Sign.
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Figure 7 Projecting Sign
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8.
ROOF SIGN, ELEVATED/PROJECTING: A Sign totally supported on
the roof of a structure, not including flush-mounted logo roof Signs.
Elevated/Projecting Roof Signs shall not project more than twelve
(12) inches beyond the face of the structure. In no case shall an
Elevated/Projecting Roof Sign project more than ten (10) feet beyond
the highest point of the portion of the roof on which the Sign is
located.
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Figure 8 Roof Sign Elevated/Projecting
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9.
ROOF SIGN FLUSH-MOUNTED: A Sign totally supported on the roof
of a structure of the Tenant of such structure. Flush-Mounted Roof
Signs shall be mounted parallel to the peak of the roof. In no case
shall a Flush-Mounted Roof Sign project above the highest point of
the roof.
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Figure 9 Roof Sign Flush-Mounted
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10.
WALL SIGN: A Building-Mounted Sign either attached to or displayed
or painted on an exterior wall in a manner parallel with the wall
surface and not projecting from such surface more than twelve (12)
inches.
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Figure 10 Wall Sign
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[Ord. No. 3456, 1-7-2019]
A.
Official Government Signs on public property and public rights-of-ways,
that are used to inform the public of important travel, emergency,
and safety information. Such Signs, include, but are not limited to,
those regulated by Federal and State laws and regulations, and which
therefore preempt City regulation, except for the provisions of Section
435.130(E), "Traffic Safety," and do not require a Sign permit. Also,
Official City Signs on private property to warn the public of dangerous
buildings or conditions and provide notice to the property owner of
required legal action.
1.
Official Federal And State Signs. Signs placed on private or
public property by the Federal and State government pursuant to Federal
or State law or regulations.
2.
Official City Traffic Signs. Signs placed by the authority of
the City, or City agency or City public authority in the public rights-of-way,
such as traffic Signs, signals, or regulatory devices, railroad crossing
Signs, instructional Signs or warnings to safeguard the pedestrian
and driving public or direct emergency services.
3.
Official Public Notice Signs. Official Government public notices
or official instruments; or regulatory Signs to notify the public
of laws or regulations having to do with health, safety, parking,
swimming, dumping, or Signs identifying other properties controlled
by such governmental body, agency or authority.
4.
Property Identification Sign. The City shall specify the name
and address of a structure, building, business, development or property
to which it is affixed, provided that the Sign consists of lettering
no larger than twelve (12) inches in height on a building, three (3)
inches on a mailbox.
[Ord. No. 3456, 1-7-2019]
A.
The following:
1.
Flags. Flags or emblems of a government or of civic, philanthropic,
educational or religious organization displayed on non-residential
private property. One (1) additional flag with a business logo may
be mounted on a flagpole. Not more than fifty percent (50%) of parking
lot light poles located on a Parcel may have a fabric message display
attached to such pole.
2.
Window Signs. Signs mounted to the interior of any first floor
windows in non-residential zoning districts, provided such Signs do
not exceed more than thirty-three percent (33%) of all of the first
floor window area measured between two (2) feet and ten (10) feet
above grade, and at least fifty percent (50%) of the entire window
area remains clear of any visual obstructions.
3.
Personal Sign. A Sign carried by a person.
[Ord. No. 3456, 1-7-2019]
A.
The types of Signs listed below are prohibited and may be removed
by the City of Harrisonville at any time through standard regulatory
enforcement proceedings.
1.
Private Signs On Public Property. Any Sign not otherwise allowed
by these regulations that is attached to a fence, tree, temporary
structure, utility pole or any other public property, except those
authorized by agencies of the Federal, State or local government.
These signs are subject to immediate removal by City Code Enforcement.
[Ord. No. 3612, 11-7-2022]
2.
Sound Or Smoke Emitting Sign. A Sign that emits or utilizes
in any manner any sound capable of being detected on any traveled
street or highway by a person with normal hearing; or a Sign that
emits smoke, vapor, particles or odors.
3.
Pole Signs.
4.
Portable Movable Display Signs.
5.
Moving/Flashing Signs.
[Ord. No. 3456, 1-7-2019]
A.
Amortization Of Certain Prohibited Signs. The types of Signs listed
below are prohibited; except that legally erected existing Signs —
because of their more substantial construction and the economic investment
in them by their owners — may remain until removed by the owner
of the Parcel on which the prohibited Sign is located, or by the operator
of the business for which the Sign is displayed. Any Sign not removed
within the time period listed may be removed by the City of Harrisonville,
unless appealed through the Board of Zoning Adjustment:
B.
Amortization Of Certain Non-Conforming Permitted Signs. Off-Premise
Signs that are non-conforming shall be made conforming or removed
within three (3) years from the adoption of these Sign Regulations.
[Ord. No. 3456, 1-7-2019; Ord. No. 3612, 11-7-2022]
A.
Purpose And Findings. The Governing Body enacts this Section to establish
reasonable, narrowly tailored regulations for the posting of Temporary
Signs on public and private property. Temporary Signs left completely
unregulated, can become a threat to public safety as a traffic hazard,
and a detriment to property values as an aesthetic nuisance.
By implementing these regulations, the City intends to:
1.
Balance the rights of individuals to convey their messages through
temporary signs and the right of the public to be protected against
the unrestricted proliferation of signs;
2.
Further the objectives of the City's comprehensive plan;
3.
Protect the public health, safety and welfare;
4.
Reduce traffic and pedestrian hazards;
5.
Protect property values by minimizing the possible adverse effects
and visual blight caused by signs;
6.
Promote economic development; and
7.
Ensure the fair and consistent enforcement of the temporary
sign regulations.
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This Section is not intended to, and should not be read to include
content-based regulations. If for any reason any portion or part of
the regulations set out in this Section, or the application thereof
to any person or circumstances is declared to be unconstitutional
or invalid, such decision will not affect the validity of the remaining
portions of this Section.
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B.
Regulations. Temporary Signs, as defined in 435.070, may be posted
on property in all Zoning Districts of the City, subject to the following
requirements:
1.
The total square footage for Temporary Signs on any lot or parcel
in any district, in the aggregate, shall not exceed thirty-two (32)
square feet, with no individual sign exceeding sixteen (16) square
feet. The total square footage of a Temporary Sign is measured to
include all of the visible display area of one (1) side of the sign
and only the area of one (1) side of a double-sided one hundred eighty
degree (180°) opposite sides sign is included in the aggregate
calculation.
2.
Signs shall not exceed ten (10) feet in height measured from
the average grade at the base of the sign.
3.
No Sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tripping hazard. Temporary Signs shall meet all setback requirements specific to structures and other sign types for any given zoning district and are prohibited in any sight triangle as defined in Sections 410.160 and 410.350(I).
4.
No sign shall be illuminated or painted with light reflecting
paint.
5.
A sign shall only be posted with the consent of the property
owner or occupant. Signs posted in the public right-of-way may only
be posted with the permission of the person or entity that has a duty
to maintain such section of the right-of-way. Provided, further, no
Temporary Sign shall be placed closer than five (5) feet to edge of
the pavement or curb of the street if permission is given for placement
in a public right-of-way or dedicated easement.
6.
All temporary signs must be maintained in a state of good repair
for the duration of their use.
7.
Sign permits are not required for Temporary Signs.
8.
Temporary Signs are Signs that are intended to be posted for
a temporary period of time, not to exceed thirty (30) days, nor more
often than four (4) time periods per year, on any given lot, parcel,
or property.
C.
Removal or replacement of Temporary Signs:
1.
The person who has posted or directed the posting of the Sign is
responsible for the removal or replacement of that Sign.
2.
If that person does not remove or replace the Sign in accordance
with these regulations, then the property owner or occupant of the
building or lot where the Sign is posted is responsible for the Sign's
removal or replacement.
D.
Obscene Materials. Obscene signs, flags, banners, or any sign of
any type are prohibited. "Obscene" is defined as
any material that:
1.
Whether the average person, applying contemporary community standards
would find that the work, taken as a whole, appeals to the prurient
interest;
2.
Whether the work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable State law; and
3.
Whether the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value.
[Ord. No. 3456, 1-7-2019; Ord. No. 3471, 8-5-2019; ; Ord. No. 3612, 11-7-2022]
A.
Sandwich Board And Sidewalk Signs. One (1) Sandwich Board or one
(1) Sidewalk Sign may be permitted display per premise, with a permit.
The signs shall be constructed of permanent, and approved, materials
The provisions of Section 435.130(B), "Sign Maintenance" shall apply.
These types of Signs are never allowed to block the public way or
any ADA accessible route on any public or private sidewalk or accessible
route, Signs in violation may be removed immediately by City Code
Enforcement.
B.
Maximum Gross Area Or Aggregate Sign Face Area Of Sandwich Board
And Sidewalk Signs. The maximum gross area or Aggregate area of all
Sign Face Areas displayed upon any Premises shall be limited to six
(6) square feet.
[Ord. No. 3456, 1-7-2019]
A.
The following provisions shall apply to all On-Premises and Off-Premises
Signs except for those Signs specifically exempted under these Sign
Regulations.
1.
Conformance To Building And Electrical Codes. In order to provide
for the safety of the public all Signs shall be constructed and maintained
in conformance with all Building Code and National Electrical Code
requirements. Signs with electricity and per the City Code as to require
a building or electrical permit shall obtain one from the Director
of Codes prior to installation or placement.
a.
All Signs involving Internal lights or other electrical devices,
or circuits shall display a label certifying it as being approved
by the Underwriter's Laboratories, Inc.
b.
All electrical service to a Sign shall comply with the National
Electrical Code.
c.
Clearance from all electrical power lines shall conform to the
requirements of the National Electrical Code.
2.
Sign Maintenance.
a.
All Signs, together with all their supports, braces, guys and
anchors, shall be kept in good repair and, unless constructed of galvanized
or non-corroding metal, shall be given a protective coating as necessary
to maintain a clean appearance and safe condition.
b.
All Signs shall be maintained in accordance with all City ordinances,
including ordinances concerning nuisances and vegetation.
3.
Sign Limitations.
a.
Sign Height. Sign height shall be measured from the ground elevation
at the base of the Sign to the highest element of the Sign.
b.
Signs Indirectly Illuminated. Indirectly illuminated Signs shall
not allow light to spill directly onto adjoining property.
c.
Animated Signs. Electronic animated Signs are permitted Signs.
In order to prevent unreasonable intrusions into the right of privacy
of the public and protect the safety of the public, the applicant
may propose, and the City may condition its approval to require operational
limitations, such as hours of operation, mode of operation, brightness
or frequency of display change. No electronic message panel shall
be permitted unless the Governing Body determines than the following
conditions will be met:
(1)
The message area of the panel must be oriented
toward a local thoroughfare street or highway and shall not exceed
one (1) lumen from any existing residence within a three hundred (300)
foot radius of the Sign.
(2)
The mode of operation for the panel display shall
be limited to the fade-in/fade-out mode where a message appears on
the Sign, is dissolved or turned off, and another message takes its
place, not to exceed a change of message or animated image more than
six (6) per minute. The display area of the panel shall not be operated
to attract the attention of viewers through flashing displays.
(3)
The proposed message panel will not endanger traffic
safety given its size, height, color, brightness, mode of operation
and its relationship to surrounding traffic patterns, speeds and roadway
geometrics.
(4)
The proposed message panel shall be designed as
an integral part of a larger Sign package for the Parcel.
(5)
No portion of the animation or electronic message
panel shall exceed the height limit for the Sign in the subject district.
(6)
Animated Signs permitted by the provisions of this
Section shall comply with all other Sign Regulations.
4.
Computation Of Sign Area.
a.
To determine compliance with the maximum allowable Sign Face
Areas permitted under these Sign Regulations, the area of a Sign shall
be considered the Sign Face Area unless otherwise stated.
b.
Sign Face Area. The Sign Face Area shall be computed within
the smallest rectangle enclosing the limits of a Sign Face, or the
combination of the areas of all such rectangles delimiting each Sign
Face, together with any frame or material, texture or color forming
an integral part of the Sign Face or used to differentiate the Sign
Face from the structure upon which it is placed.
(1)
The computation of the area of a Sign Face Area
shall not include the structure, supports or uprights on which the
Sign Face is placed or any portions of a Sign Structure that are not
intended to contain any message or idea and are purely structural
or decorative in nature, other than those portions contained within
the rectangle that delimits the Sign Face.
(2)
For any Sign on which the words, letters, figures,
symbols, logos, fixtures colors or other design elements routinely
change or are intended to be changed from time to time, the Sign Face
Area shall include the entire area within which any words, letters,
figures, symbols, logos, fixtures, colors or other design elements
may be placed, together with any frame or material, texture or color
forming an integral part of the Sign Face or used to differentiate
the Sign Face from the structure upon which it is placed.
(3)
Any open space contained within the limits of the
rectangle delimiting the Sign Face of the Sign Structure shall be
included in the computation of the area of the Sign Face, or Sign
Face module. The area of the Sign Structure shall include the entire
Sign Structure, including the Sign Face Area.
(4)
For multi-faced Signs, when the Sign Face surfaces
are parallel (back-to-back), or where the interior angle formed by
the faces is forty-five degrees (45°) or less, the area of the
Sign Face shall be taken as the area on the largest side. For all
other multi-faced Signs, the area of the Sign Face shall be the total
area on all Sign Face sides that can be viewed at one time from any
angle.
c.
On Lots where more than one (1) Sign is located, the total gross area of all the Signs shall not exceed the maximum gross area specified in Appendix A and B. The Maximum Gross Area of Temporary Signs is specified under Section 435.120, and the maximum gross area of permitted Signs shall be established in Appendix A or B, as per the Zoning Code.
|
Figure 11 Examples Of Sign Face Area Measurements
 |
d.
Sign Structure Area. The area of a Sign Structure shall be computed
as the Sign Face Area including all portions of a Sign Structure that
provide a background for the Sign Face but are not intended to contain
any message or idea and are purely structural or decorative in nature.
|
Figure 12 Examples Of Sign Structure Area Measurements
 |
5.
Traffic Safety.
a.
No Sign shall be maintained at any location where, by reason
of its position, size, shape or color, it may obstruct, impair, obscure,
interfere with the view of, or be confused with any traffic or railroad
control Sign, signal or device, or where it may interfere with, mislead,
confuse, or endanger the safety of the traveling public.
b.
Any Sign located within three (3) feet of a driveway approach
or within a parking area shall have its lowest elevation at least
ten (10) feet above the curb level.
c.
No Sign shall be placed so as to be located within or project
over any public right-of-way, unless permitted by the Planning Commission
following consideration and determination of conformance with the
following criteria:
(1)
Signs projecting over the sidewalk in the "CBD-1"
Central Business District may be permitted, provided that no Sign
projected over a sidewalk shall cause potential injury to pedestrians.
(2)
Regardless of any Section contained in the Code,
the City shall have the right to remove or relocate any Sign within
the public right-of-way as may be necessary to maintain, improve or
expand infrastructure and other public improvements within the existing
public right-of-way. Removal, relocation or other necessary action
shall be at the expense of the developer, property owner, building
owner and/or association responsible for the Sign or to which the
Sign is associated.
6.
Landscaping. Ground Signs, Monument Signs and Elevated Signs
shall be landscaped as required in these Sign Regulations. Landscaping
consisting of trees, bushes, or ornamental shrubs shall be provided
for all ground Signs, Monument Signs and Elevated Signs. One (1) area
or group planting shall be provided for each ten (10) square foot
of Sign Face Area, but not less than four (4) plantings shall be provided.
Landscaping shall extend no less than three (3) feet from the base
of the Sign.
[Ord. No. 3456, 1-7-2019]
A.
Billboards shall be regulated under this Section 435.140, and if a regulation in this Section 435.140 conflicts with another regulation contained in these Sign Regulations, then the regulation in this Section 435.140 shall take priority and apply.
1.
Permit Required. In addition to the Sign permit required by
this Chapter, a building permit shall be obtained from the Director
of Codes prior to installation or placement of any Billboard. Billboards
shall be constructed and maintained in conformance with all Building
Code and National Electrical Code requirements. Plans required for
issuance of a building permit for a Billboard shall be certified as
to conformance with all structural and wind-load resistive standards
of the Building Code by a registered design professional in the State
of Missouri.
2.
Purpose. Billboards targeting messages at drivers on Missouri
State highways and roadways within the City have a significant adverse
impact on the safety of the traveling public when such structures
because of their size, lighting, spacing, location, height or design
distract or confuse travelers, interfere with vision, or obscure traffic
signs or signals. Billboards targeting messages at drivers on the
interstate and Missouri State highways within the City also have a
significant adverse aesthetic impact on the community when such structures
dominate the surrounding environment both visually and physically
with their large sizes, bright lighting, close spacing, intrusive
locations and great heights. Therefore, the erection and placement
of Billboards along Missouri State highways and roadways within the
City are subject to reasonable regulations relative to size, lighting,
spacing, location and height to avoid adverse safety impacts; and
to adapt the State Highway Commission standards so that in-town Billboards
are compatible with urban land uses, where neighbors are closer to
one another than in open rural areas. Avoiding such adverse impacts
is intended to further the substantial public interest in protecting
private investment in adjoining properties and public investment in
the interstates and highways, promote the recreational value of public
travel, preserve the natural beauty of the community, provide a favorable
first impression of the community and promote the safety of public
travel.
3.
Special Use Permit Required For A Billboard. In addition to
complying with the terms of these Sign Regulations, a special use
permit must be obtained in accordance with the procedures set forth
in the Zoning Regulations, and to ensure the Billboard complies with
Federal and State laws and regulations.
4.
Placement Of Billboards. The following conditions and/or situations
shall be considered to determine the legal placement of all Billboards,
including, but not limited to, State and Federal laws and regulations:
a.
Billboards shall be located on private property.
b.
A Billboard shall not be located closer than one thousand five
hundred (1,500) feet from any other Billboard. Spacing shall be determined
based on Signs that have received a Special Use Permit or that are
Signs established as legal non-conforming uses. Billboards having
received prior authorization or that are a legal non-conforming use
shall have priority over a later applicant in determining compliance
with the spacing restrictions. Where two (2) different applications
conflict with each other, so that only one (1) of the applications
may be granted, the first application received by the City will be
the first considered for approval. The second application shall remain
pending until resolution of the first application. The second applicant
shall be advised, in writing, if the first application considered
is granted, and the second application shall be automatically denied.
If the first application is denied, the second application shall then
be considered.
c.
Billboards shall not be located adjacent to or within one thousand
five hundred (1,500) feet of any interchange, intersection at grade
or safety rest area that is existing or approved for construction.
The one thousand five hundred (1,500) feet shall be measured from
the beginning or ending of the pavement widening at the exit from
or entrance to the main traveled way or, if there is no pavement widening,
then from the midpoint of the intersection.
d.
To preserve adjoining property values and avoid adverse aesthetic
impacts, Billboards shall not be located within one thousand five
hundred (1,500) feet of land zoned for residential purposes.
e.
Billboards shall be permitted only within six hundred sixty
(660) feet of the nearest edge of the rights-of-way of Interstate
49.
f.
Billboards shall be permitted only in the following zoning districts:
"C-2," "M-1."
g.
No Billboard shall be permitted to be mounted, attached or affixed
to a building rooftop or the walls of any building.
5.
Lighting Of Billboards.
a.
Billboards shall not include any revolving or rotating beam
or beacon of light that simulates any emergency light or device.
b.
Billboards shall not include any flashing, intermittent or moving
light or lights.
c.
Billboards may be lighted by external lighting, such as floodlights,
thin line and gooseneck reflectors, provided the light source is directed
upon the face of the Billboard and is effectively shielded so as to
prevent beams or rays of light from being directed into any portion
of the main traveled way of the interstate or highway or into any
portion of adjacent properties and the lights are not of an intensity
so as to cause glare, impair the vision of the driver of a motor vehicle,
or otherwise interfere with a driver's operation of a motor vehicle.
d.
Billboards shall not be illuminated so that it interferes with
the effectiveness of, or obscures, an official traffic Sign, device
or signal.
e.
Billboards shall not have a maximum average lighting intensity
level that exceeds twenty (20) foot-candles.
6.
Size Of Billboards. The Sign Face Area of Billboards shall not
exceed a maximum area for any one (1) Sign of one thousand two hundred
(1,200) square feet with a maximum height of thirty (30) feet and
a maximum length of sixty (60) feet, inclusive of border and trim
but excluding the base or apron, supports and other structural members.
The maximum size limitations shall apply to each side of a Billboard
Sign Structure, and Billboards may be placed back to back, double
faced, or in a V-type construction with not more than two (2) displays
to each facing, but the Billboard structure shall be considered as
one (1) Billboard.
7.
Setbacks And Height Of Billboards.
a.
To provide a safety zone to prevent injury or property damage
from collapse caused by acts of nature or other causes, Billboards
shall meet the following minimum Safety Setback Requirements from
all points of the Sign:
(1)
At least ninety (90) feet from the Billboard's
nearest edge to the rights-of-way of any Federal or State highway;
(2)
At least ninety (90) feet from all property lines
on which the Billboard is located, and all roofed structures including
roofed structures located on the Parcel on which the Billboard is
located; and
(3)
At least ninety (90) feet from any other structure
that would require a building permit for its construction including
structures located on the Parcel on which the Billboard is located.
b.
To provide a further safety zone to prevent injury or property
damage from collapse of Billboards caused by acts of nature or other
causes, Billboards shall not exceed thirty (30) feet in height above
the rights-of-way grade from which it is viewed. In cases where the
grade at the location of the proposed Billboard is higher than the
right-of-way grade adjacent to which it is located, the City may require
the overall height of the Sign to be lowered as a condition of granting
a permit to prevent the Sign from unreasonably detracting from the
visibility of other neighboring Signs or properties.
c.
The application for the Billboard Sign permit shall contain
documentation to the satisfaction of the City that the applicant has
secured the legally enforceable right to prevent the erection of structures
within the Safety Setback Requirement zones. No building permit shall
be issued for construction of any building within the Safety Setback
Requirement zone.
8.
Service Drives To Billboards. Billboards shall be accessible
by means of a paved drive that is internal to the Lot or Parcel on
which the Billboard is located. All vehicles, equipment and people
used to build, service, maintain and repair the Billboard must confine
their activity so as not to interfere with pedestrian or vehicular
traffic on public roads.
9.
Additional Information Required Prior To Permitting Of A Billboard.
a.
Billboards shall not be permitted by the City until a permit
has been issued by the Missouri Highway and Transportation Commission.
b.
Billboards shall not be permitted before the applicant has submitted
the following certifications from the appropriate professionals registered
in Missouri:
(1)
Certification from a professional engineer registered
in the State of Missouri that the soil and subsoil surface is capable
of accepting the projected loads of the Billboard;
(2)
Certification from a professional engineer registered
in the State of Missouri as to the electrical portion of the Billboard;
(3)
Certification from a professional engineer registered
in the State of Missouri as to the structural strength of the Billboard;
and
(4)
A certified boundary survey from a surveyor registered
in the State of Missouri of the Billboard site and its Safety Setback
Requirement zones.
c.
Billboards shall not be permitted before the applicant has submitted
a Billboard survey to indicate the relative vertical and horizontal
distances between the proposed Billboard and all other Billboards
within one thousand five hundred (1,500) feet. If by reason of height,
size or spacing the proposed Billboard unreasonably detracts from
the visibility of other neighboring Billboards or properties, the
City may require reasonable modification of the Billboard's dimensions
to cure these deficiencies as a condition to granting a permit.
d.
Billboards shall not be permitted before the applicant has submitted
to the City financial security in the form of a bond, letter of credit
or other financial security as approved by the Director of Codes;
a right of access; and any other measures necessary and sufficient
to ensure removal of Billboards that are not validly permitted or
that constitute a nuisance.
10.
Inspection Of Billboards. Owners of all Billboards shall be
required to submit an inspection to the City concerning a sign's structural
integrity as deemed necessary by the City from time to time upon reasonable
notice to the owner or operator of the property on which the Billboard
is located. Failure to submit a report shall result in the immediate
revocation of the Sign's permit.
[Ord. No. 3456, 1-7-2019]
All signs legally existing at the time of passage of these regulations
and which are made non-conforming by the enactment of these Sign regulations
and are not subject to amortization requirements may remain in use
under the conditions of legal non-conformance. Signs in legal non-conformance
shall not be enlarged, moved, lighted or reconstructed.
[Ord. No. 3456, 1-7-2019]
A.
Abandoned Signs.
1.
Any Sign that fails to meet the maintenance requirements of
these Sign regulations for a period of ten (10) days, after notice
to the Sign owner, owner or operator of the property on which such
Sign is located, shall be deemed to be abandoned.
2.
Any Sign that is deemed dangerous by City staff under Subsection (B)(2) below shall be deemed abandoned ten (10) days after written notification to the Sign owner, owner or operator of the property on which such Sign is located.
3.
If the owner of the Sign disputes the determination that the
Sign is abandoned, they may first appeal to the Director of Codes
for reconsideration. If the Director of Codes denies the appeal, then
the Sign owner may appeal to the City Administrator.
B.
Sign Removal.
1.
Prohibited signs may be removed immediately by the City.
2.
Signs that are deemed to be abandoned or otherwise found to
be in violation of these Sign Regulations shall be removed by the
owner of the Sign or owner of the Premises within thirty (30) days
from the written notice by the City. The City shall have the discretion
to grant an additional thirty (30) days for the required improvements
or repairs to be made provided substantial progress is being made
to correct the deficiencies and a written request for an extension
is received at least five (5) working days before the end of the original
notice. Any Signs not removed within the time period required by this
Subsection may be removed by the City and all Removal Costs charged
to the owner of the Premises upon which the Sign was located or the
owner of the Sign itself.
3.
Should any Sign become structurally unstable or in danger of
falling or otherwise unsafe in the opinion of the Director of Codes,
the owner or person or firm maintaining the Sign shall, upon written
notice from the City, forthwith in the case of immediate danger and
in any case within ten (10) days, remove such Sign or secure it in
a manner approved by the City. Any Sign not removed or secured within
ten (10) days from the written notice may be removed by the City and
all costs ("Removal Costs") charged to the owner, agent, or person
having beneficial interest of the building or Premises upon which
the Sign was located, or in the Sign itself.
4.
If any Sign is installed, erected or constructed in violation
of these Sign Regulations, the owner or person or firm maintaining
the Sign shall, upon written notice from the City, within ten (10)
days, remove the Sign or bring it into compliance with these Sign
Regulations. Any Sign not removed or properly altered to be in compliance
with these Sign Regulations within ten (10) days from the written
notice may be removed by the City and all Removal Costs charged to
the owner, agent, or person having beneficial interest of the building
or Premises upon which the Sign was located, or in the Sign itself.
5.
If the owner or agent of the owner of any Sign removed by the
City under these Sign Regulations does not reimburse the City for
all the Removal Costs within thirty (30) days of the removal of the
Sign by the City, then the City may sell the Sign, at private or public
sale, and any of its structure necessary to cover the City's Removal
Costs at such price the City chooses, or, at the City's discretion
and sole option, dispose of the Sign and any of its structure so removed
by the City, and the owner, agent, or person having a beneficial interest
in the Sign or building or premises upon which the Sign was located
shall have no claim against the City for any reason. The City shall
not be responsible or liable for any damage or loss of value to any
such Sign removed by the City.
C.
Replacement Of Damaged Sign Faces And Illumination Repairs Following
A Natural Disaster.
1.
The replacement of damaged Sign Faces and illumination repairs
to existing non-conforming Signs following a natural disaster such
as a tornado, thunderstorm, wind, ice storm, or other act of nature
shall be permitted without requiring a permit fee or causing the Sign
to be brought into compliance with current Sign Regulations.
2.
Existing non-conforming Signs which sustain structural damage
as a result of a natural disaster shall be repaired or reconstructed
within ten (10) days to meet all current Sign Regulations.
[Ord. No. 3456, 1-7-2019]
A.
Developer/owners of commercial centers may elect to submit a Master
Signage Plan to accommodate multiple Signs in one (1) development.
If a developer elects to submit a Master Signage Plan, no permit shall
be issued for an individual Sign requiring a permit in such development
unless and until a Master Signage Plan for the platted Lot on which
the Sign will be erected has been approved by the City as conforming
with this Section.
1.
Plan Submittals. Master Signage Plan submittals: For any platted
Lot on which the owner proposes to erect one (1) or more Signs requiring
a permit, such owner shall submit to the City a Master Signage Plan
containing the following:
a.
An accurate plot plan of the platted Lot, at such scale the
Planning and Zoning Department may reasonably require;
b.
Location of buildings, parking lots, driveways and landscaped
areas on such platted Lot;
c.
Computation of the maximum total Sign Face Area, the maximum
area for individual Signs, the height of Signs and the number of freestanding
signs allowed on the platted Lot(s) included in the Master Signage
Plan under Sign Regulations; and
d.
An accurate indication on the plot plan of the proposed location
of each present and future Sign of any type, whether requiring a permit
or not.
2.
Sign design standards and development requirements.
b.
Consent. The Master Signage Plan shall be signed by all owners
or their authorized agents in such form as the City shall require.
c.
Procedures. A Master Signage Plan shall be included in any site
plan or other official plan required by the City for the proposed
development and shall be processed simultaneously with such other
plan.
d.
Amendment. A Master Signage Plan may be amended by filing a
new Master Signage Plan that conforms with all requirements of the
Sign Regulations then in effect.
e.
Binding Effect. After approval of a Master Signage Plan, no
Sign shall be erected, placed, painted or maintained except in conformance
with such Master Signage Plan, and such Plan may be enforced in the
same way as any provision of the Sign Regulations. In case of any
conflict between the provisions of such a Plan and any other provision
of the Sign Regulations, the Sign Regulations shall control.
