Byrnes Mill City Zoning Code
ARTICLE XIX
Sign Regulations
Section 400.560 Short Title.
[R.O. 2011 §400.560; Ord. No. 240-92 §1, 7-15-1992]
This Article shall hereafter be known and cited as the "Sign Ordinance of the City of Byrnes Mill, Mo".
Section 400.563 Scope.
[R.O. 2011 §400.563; Ord. No. 240-92 §2, 7-15-1992]
A.
The provisions of this Chapter shall govern the erection of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, in respect to size, color, content, construction, location and structural and fire safety.
1.
Zoning law establishes district. The City Zoning Code shall govern the areas of the City in which any sign or outdoor display structure shall be located.
2.
Building Code applicable. In the absence from this Chapter of specifications governing details of sign construction, the applicable standards listed in the Building Code shall apply.
Section 400.565 Definitions.
[R.O. 2011 §400.565; Ord. No. 240-92 §3, 7-15-1992]
For the purpose of this Article, the following definitions shall apply:
A plastic material more than one-twentieth (1/20) of an inch thick which burns at a rate of not more than two and one-half (2½) inches per minute when subject to the ASTM Standard Test for Flammability of Plastics in sheets of six one-hundredths (6/100) of an inch thickness.
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.
City of Byrnes Mill, Missouri.
Property of the City of Byrnes Mill, whether or not the property is at the time being used for a public purpose, and includes that property which is owned, rented or leased to the City of Byrnes Mill.
The wording on a sign surface either in permanent or removable letter form.
Any sign designated to provide artificial light either through transparent or translucent material from a light source within the sign.
To build, construct, attach, hang, re-hang, place, affix, or relocate and includes the painting of lettering for signs.
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 parapet line.
Any surface of a sign upon, against or through which the message is displayed or illustrated on the sign.
The average level of the finished surface of the ground adjacent to a sign, or the exterior wall of the building to which a sign is affixed.
The measurement from the top of the highest structural element of the sign to the average level of the finished ground surface or grade.
A letter, character, or symbol used to represent a person, corporation or business enterprise.
That portion of a building wall that rises above the roof level.
Any person, firm, partnership, association, corporation, company, or organization of any kind.
That portion of a lot or building occupied by a single occupant, exclusive of common area, if any, shared with adjacent occupants.
The part of any street, road, alley or avenue dedicated for public use as a walkway or thoroughfare for pedestrians or motor vehicles, whether or not the public improvements thereon extend to the full dedicated limits.
The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
Any identification, description, or device illuminated or non-illuminated which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify or convey information. Sign supports are not considered part of the sign. Signs are limited to four (4) faces. Signs with more than four (4) faces are prohibited.
A total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure, or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. The total allowable area for a double faced sign, where the two (2) faces are not substantially parallel, shall be equal to the allowable area for a single faced sign.
A wall sign or projecting sign attached to a building wall or the generally vertical plane of a mansard-type roof.
A sign mounted or painted on, or attached to, an awning, canopy, or marquee.
A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located.
A sign such as an electronically or electrically controlled public service time, temperature and date sign message center on reader board, where different copy changes are shown.
A sign on which copy is changed manually in the field, e.g., reader boards with changeable letters or changeable pictorial panels.
See "Sign, Ground, "Sign, Pole".
Any sign which serves solely to designate the location of direction of any place or area.
Any sign containing electrical wiring which is attached or intended to be attached to an electric energy source.
Signs exempted from normal permit requirements and fees.
A sign attached to or erected against a wall of a building with the face horizontally parallel to the wall.
A sign or accessory light which is illuminated on an intermittent cycle, does not include clocks or time and temperature displays.
A sign which flutters and includes banners, flags, pennants, etc.
Any detached sign on the same lot or parcel as the use it advertises which has it bottom portion erected upon or supported by the ground, a ground planter box or other supports.
A sign containing only the name and address of the occupant or business establishment.
A sign identifying the institutional or governmental facility.
The permanent part of a building which denotes the name of the building, date of erection, historical significance or similar information.
Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Article and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Chapter, or a non-conforming sign for which a variance has been issued.
Any sign that does not contain electrical wiring or is not attached or intended to be attached to an electrical energy source.
A free standing sign attached to the ground by means of poles or standards higher than ten (10) feet.
Any letter, word, sign device or representation used in the nature of an advertisement or announcement projecting perpendicularly from the building.
Directional sign to subdivisions under construction and project site promotional signs.
A sign mounted on the roof of a building.
A sign or portion of a sign which moves in a revolving or similar manner.
A permanent ground sign identifying a subdivision name, and/or street names within the subdivision.
A sign of a civic, political, charitable, religious or commercial purpose and relating to a specific civic, political, charitable, religious or commercial event excluding garage and yard sales, which event is not continuous or a frequent occurrence.
A sign erected or attached against the wall of any building with the plane of the face parallel to the plane of the wall below the roof line.
A sign permanently affixed to either side of the glass of an exterior door or window. For the purpose of this Article, a glass brick wall shall be deemed a window. This definition does not include merchandise located in the window.
The molding, battens, nailing strips, latticing, and platforms which are attached to the sign structure.
Sign supports shall apply to all structures by which the sign is held up, including for example: poles, braces, guys and anchors.
Section 400.567 Permit Requirements.
[R.O. 2011 §400.567; Ord. No. 240-92 §4, 7-15-1992]
A.
Except as hereinafter provided for certain specified exempt signs, no sign subject to the provisions of this Article shall be erected, altered, or relocated without first obtaining a permit. To obtain a permit, the person(s) erecting said sign shall file an application upon forms provided by the City Clerk. Application for a sign and permit approval must occur prior to the erection of a sign. Otherwise, said sign shall be deemed in violation of this Article.
B.
Permit applications for a sign permit shall be submitted to the City Clerk and shall contain or have attached thereto the following information:
1.
The name, addresses, and telephone numbers of the applicant, the owner of the sign, and the person to be erecting or affixing the sign.
2.
The location of the building, structure, or zoning lot on which the sign is to be erected or affixed.
3.
A site plan of the property involved, showing accurate placement thereon of the proposed sign.
4.
Two (2) blueprints or ink drawings of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color and weight.
5.
If required by the City, a copy of stress sheets and calculations prepared by or approved by a Registered Structural Engineer licensed by the State of Missouri showing that the sign is designed for dead load, wind and wind pressure in any direction in the amount required by this and all other applicable ordinances of the City.
6.
The written consent of the owner of the building, structure, or property on which the sign is to be erected or affixed.
Section 400.570 Application For Sign Permit - Temporary.
[R.O. 2011 §400.570; Ord. No. 240-92 §5, 7-15-1992]
A.
An application for a permit for any sign not included in Section 400.573 (Permit Required Section) shall be made upon forms provided by the City Clerk.
B.
Every applicant, before being granted a permit hereunder, shall pay to the City a minimum fee of fifty dollars ($50.00) for processing the application and inspections. Upon approval a fee schedule will be furnished by the City Clerk.
C.
Nothing in this Chapter shall exempt signs from meeting the requirement of the City Electrical and Building Codes.
D.
The City Clerk shall, within fifteen (15) days, review a permit application and either approve it, reject it or forward it to the Building Commissioner and return the same to the applicant or make it otherwise available to the applicant.
E.
If the work authorized under a sign permit has not been completed within six (6) months after the date of approval, it shall become null and void.
F.
The sign erector shall notify the Building Inspector within fourteen (14) days of the sign erection. The Building Inspector shall, within fourteen (14) additional days, take, develop, date and file appropriate colored pictures of the permitted sign. Such file shall be open for public inspection during normal business hours thereafter.
Section 400.573 Permanent Sign Regulation By Zoning District.
[R.O. 2011 §§400.573, 500.150(K); Ord. No. 240-92 §6, 7-15-1992]
A.
All signs in this Article are considered permanent and shall be located in the Zoning Districts, subject to the limitations set forth in "Standards for Sign", as follows:
1.
Signs permitted in "R-1", "R-2", "R-3A", "R-3B", "MH"(A), and "MH" Residential Districts:
a.
Church bulletin boards; See Exempt for Specs.
b.
Construction signs; See Exempt for Specs.
c.
Directional signs; See Exempt for Specs.
d.
Institutional or government signs; See Exempt for Specs.
e.
Memorial signs or tablet signs; See Exempt for Specs.
f.
Political signs; See Exempt for Specs.
g.
Real estate signs; See Exempt for Specs.
h.
Subdivision map signs; See Exempt for Specs.
i.
Subdivision real estate signs; See Exempt for Specs.
j.
Official governmental flags; See Exempt for Specs.
k.
Signs not exceeding two (2) square feet in sign face per side nor a height of four (4) feet from the ground, which signs prohibit trespassing or indicate privacy of premises, driveways or roads;
l.
Name and address signs; also, house number signs;
m.
Home occupation signs; See Exempt for Specs.
3.
Signs permitted in all "B-1" General Commercial and "I-1" Light Industrial Districts (Non-Residential):
a.
All signs and flags permitted in residential districts;
b.
Awning, Marquee, and/or canopy signs; See Exempt for Specs.
c.
Business nameplate, or Occupation and/or identification signs; See Exempt for Specs.
e.
Ground signs;
f.
Hanging signs;
g.
Illuminated signs;
h.
Permanent window signs;
i.
Temporary window signs;
j.
Temporary signs; See Temporary for Specifications.
k.
Pole signs.
4.
Fees. The fee for signs, billboards and other displaced structures for which permits are required under the provisions of the Basic Code shall be at the rate of fifty dollars ($50.00) for the first five hundred dollars ($500.00) of cost or part thereof, and ten dollars fifty cents ($10.50) for each additional five hundred dollars ($500.00) of cost or any part thereof, and the cost shall be computed from the total cost of material and labor.
Section 400.575 Prohibited Signs.
[R.O. 2011 §400.575; Ord. No. 240-92 §7, 7-15-1992]
A.
The following types of signs shall be prohibited in the City;
1.
Any permanent sign which does not meet the flammability test of approved combustible plastic;
2.
Flashing signs;
3.
Moving signs;
4.
Roof signs;
5.
Standard outdoor advertising structures and/or billboards;
6.
Paper posters, and signs painted directly on the walls, chimney or other parts of a structure, including murals;
7.
Portable signs, including "A" frame, sandwich board and sidewalk or curb signs; signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
8.
No sign or other advertising structure erected, that is regulated by this Article shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of its shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.
9.
No sign regulated by this Chapter shall make use of the words "stop", "look", "yield", "danger", or any other word, phrase, symbol or character, in such a manner as to interfere with, mislead or confuse traffic.
10.
Signs or other advertising structures displaying any obscene, indecent or immoral matter.
Section 400.577 Non-Conforming Signs.
[R.O. 2011 §400.577; Ord. No. 240-92 §8, 7-15-1992]
A.
For purpose of this Section, signs having received a variance are considered to be conforming. Any sign legally existing on the effective date (July 15, 1992) of this Chapter shall be exempt from this Chapter but shall not be enlarged, extended, reconstructed, or structurally altered and shall be brought into conformity when the following occurs:
1.
Damage to a sign which requires repairs which will exceed fifty percent (50%) of the replacement value of the sign.
2.
Required maintenance which will exceed fifty percent (50%) of the replacement of the sign.
3.
A change in ownership or tenancy which requires a new occupancy permit for the premises on which a legal non-conforming sign is located;
4.
Relocation of a sign either on the premises or to another location;
5.
Remodeling which encompasses more than fifty percent (50%) of the display frontage of the business to which the sign relates.
Section 400.580 Political Signs.
[R.O. 2011 §400.580; Ord. No. 240-92 §9, 7-15-1992]
A.
On occupied residential or commercial property political signs shall be allowed throughout the City of Byrnes Mill, beginning thirty (30) days prior to a primary election and extending until two (2) days after the primary, but would extend until two (2) days after a general election for those candidates winning the primary. No permit shall be necessary. Such signs shall be not greater than thirty-two (32) square feet in sign area per sign face.
B.
In all unoccupied residential and commercial areas or vacant ground, a permit shall be necessary prior to erection of any such signs.
C.
No political signs shall be allowed on public property or City easements.
Section 400.583 Temporary Signs.
[R.O. 2011 §400.583; Ord. No. 240-92 §10, 7-15-1992]
Temporary signs, including fluttering signs, are allowed within the City of Byrnes Mill by obtaining a permit with a maximum size of thirty-two (32) square feet and shall not be displayed for more than thirty (30) days. Advertisements for the same promotion can not be reissued within a ninety (90) day period.
Section 400.585 Temporary Displays.
[R.O. 2011 §400.585; Ord. No. 240-92 §11, 7-15-1992]
Any type of inflatable sign advertising a promotion, activity or business shall require a permit, shall be exempt from thirty-two (32) square foot limitation but shall not be displayed for more than three (3) days.
Section 400.587 Exempt Signs.
[R.O. 2011 §400.587; Ord. No. 240-92 §12, 7-15-1992]
A.
Agricultural Business Signs. Business signs, not exceeding thirty-two (32) square feet per facing or sixty-four (64) square feet for the total aggregate sign area, when located on the property used for agricultural purposes and pertaining to the sale of agricultural products grown or produced on the premises. Signs may be illuminated. Changeable copy sign shall be allowed in addition to a ground sign provided permits are obtained.
B.
Awning, Canopy And Marquee Signs. Identification signs not exceeding a maximum height of four (4) feet, maximum area of twelve (12) square feet, indicated only the name of the activity conducted on the premises on which the sign is located and/or a brief general description of the business being conducted by the activity. Such signs shall maintain a clearance of at least ten (10) feet above the ground or pavement where vehicular or pedestrian movement is possible under such sign. Advertising material of any kind is strictly prohibited on awning and canopy signs.
C.
Business Nameplate. Non-electrical nameplates denoting the business name of an occupation legally conducted on the premises, provided that the sign area does not exceed two (2) square feet in area.
D.
Church Bulletin Boards. Bulletin boards, not exceeding twenty (20) square feet in area nor eight (8) feet in height at ground level at the point of erection, any such sign shall not be less than ten (10) feet from any property line.
E.
Real estate signs shall be non-illuminated. Such signs shall not be closer than ten (10) feet to any property line and there shall be not more than one (1) sign on each lot frontage. Such signs shall be not greater than six (6) square feet per sign face in residential districts or thirty-two (32) square feet per sign face in all other districts. Such signs shall be removed within ten (10) days of the sale closing or lease initiation date.
F.
Construction Signs. One (1) such sign, not exceeding thirty-two (32) square feet in surface area and not exceeding eight (8) feet in height above street level, shall be permitted on the work site of each street frontage not closer than ten (10) feet to the street right-of-way. The sign shall be removed upon completion of the work. Signs identifying mechanics, painters, architects and similar artisans and workmen, which signs are attached to or on trailers on the site of the construction, shall be permitted, provided that upon completion of the project, the trailer must be removed as quickly as practicable. These trailers shall not be located closer than ten (10) feet from the street right-of-way if such signs are visible from the street right-of-way.
G.
Directional Signs.
1.
Such signs shall contain symbols, arrows or appropriate wording to indicate points of appropriate ingress or egress or other pertinent traffic directions, including the following words;
a.
"Entrance" or "Entrance only".
b.
"One-Way".
c.
"Exit" or "Exit Only".
d.
"Do Not Enter".
e.
"No Exit" or "No Entrance".
f.
"Drive-Up Window".
g.
"Right Turn Only" or "No Left Turn".
h.
"Loading Area", "Parcel Pick-Up Area" or "Loading Zone".
i.
"Service Vehicles Only" or "No Trucks"
j.
The street address and/or name of the business center or development, the name of the use or building or a trade mark, logo or similar matter, provided that not more than fifty percent (50%) of the sign area is used for this purpose.
2.
The Planning and Zoning Commission may adopt and, if adopted, may publish standards or prototypes for directional signs to promote uniformity of directional signs in the City. If adopted and approved by the Board of Alderpersons, such provisions shall become mandatory and all such signs shall be brought into conformity.
3.
Such signs shall not exceed six (6) square feet in sign area per side, nor shall there be more than two (2) such signs per entry/exit, unless such entry/exit is divided by a raised median, in which case each side shall be treated as a separate entry or exit.
4.
Such signs shall not be greater than three and one-half (3½) feet in total height above the elevation of the adjacent driveway at the point where it meets the street right-of-way.
H.
Institutional Signs.
1.
Such signs shall not be over twenty-four (24) square feet in sign area, nor exceed a total height of eight (8) feet above grade at the base.
2.
Not more than one (1) sign shall be placed on each road frontage.
3.
Such signs shall be located only on the property of a governmental agency or on not-for-profit institutional property.
4.
Such signs shall be located not closer than ten (10) feet from any property line.
I.
Memorial Signs Or Tablet Signs.
J.
Subdivision Map Signs.
1.
Such signs may be located on private or common subdivision property provided that vision is not obstructed at an intersection.
2.
Such signs shall be easily readable from a stopped vehicle at the curb.
3.
Not greater than thirty-two (32) square feet in sign face area, not including the sign structure.
4.
Such signs may be illuminated, provided that such illumination does not shine directly onto an adjacent residence.
K.
Subdivision Real Estate Signs. Subdivision real estate signs shall not exceed thirty-two (32) square feet per sign face, shall be maintained in good repair and shall be removed within thirty (30) days of the sale of the last home or lot advertised in the subdivision, subject to the following conditions:
L.
Subdivision Signs.
1.
Such signs shall be located at least twenty (20) feet from the curb line of adjacent streets in the right-of-way or on private property abutting such adjacent streets, provided that the Planning and Zoning Commission may alter the minimum setback if it finds that doing so is in the public interest and will not create unsafe conditions.
2.
Such signs may be illuminated provided that such illumination does not shine directly onto adjacent residences.
3.
Such signs shall not be greater than thirty-two (32) square feet in area per sign face.
M.
Official Government Flags.
1.
Such flags may be flown at all times, subject to the guidelines concerning their use as set forth by the government which they represent.
2.
Such flags may be illuminated.
3.
For the purpose of this Chapter, flags of the United States, the State and the City are considered as official governmental flags.
4.
Not more than three (3) flags may be flown from a single flagpole at any one (1) time.
N.
Home Occupation. A nameplate not exceeding two (2) square feet in area and attached to the building.
O.
Temporary Window Signs.
1.
Such signs shall not cover more than twenty percent (20%) of the window or glass door to which they are applied.
2.
All signs in one (1) window shall be deemed to be one (1) sign for the purpose of this paragraph.
3.
Temporary window signs shall be maintained in good repair, shall be displayed for not longer than forty-five (45) days and shall have the most recent date of installation clearly shown on the sign in two (2) inch high letters.
4.
A temporary window sign shall not be calculated with the total square footage of the signs permitted per building side and shall be exempt from restrictions that two (2) signs per side be of different types.
Section 400.590 Standards For Signs Requiring Permits.
[R.O. 2011 §400.590; Ord. No. 240-92 §13, 7-15-1992]
A.
The following standards and conditions shall be applicable to the signs listed herein:
1.
Attached signs shall be subject to the following regulations:
a.
Such signs shall include both wall signs and projecting signs.
b.
Wall signs shall be governed by the restrictions concerning attached signs, provided that no sign shall be painted directly onto the wall of a structure.
c.
Such signs shall not extend horizontally beyond the plane of the wall to which they are attached more than twenty-four (24) inches.
d.
Such signs shall not exceed a total of fifteen percent (15%) of the frontage of the building or unit to which they are attached. However, where the side of a building or unit is used for signing, then the limitation shall be five percent (5%) for each side used, except as set forth in General Restrictions on Sign Regulations and Maintenance.
e.
Such signs shall not project greater than twenty-four (24) inches above the parapet wall or roof line.
f.
Such signs shall maintain a clearance of at least ten (10) feet above the ground or pavement where vehicular or pedestrian movement is possible under such sign.
g.
Such signs shall not exceed thirty-five (35) feet above the grade level of the fronting street. The maximum height shall not exceed thirty-five (35) feet above the elevation of the adjacent street or the elevation of the average finished ground elevation along the side of the building facing the street, whichever is greater.
h.
Such signs shall be constructed and braced to withstand a pressure of not less than thirty (30) pounds per square foot of exposed surface and shall be securely attached to the building of wall.
2.
Ground signs shall be subject to the following:
a.
No sign shall be located closer than ten (10) feet from any property line.
b.
Such signs shall be located so as not to obstruct vision at an intersection or a vehicular entry or exit from the property.
c.
Such signs may be supported by post or poles that do not exceed a height of three (3) feet plus a planter box. The sign shall not exceed a height of four (4) feet. In no event shall posts, poles, planter boxes and sign elevation exceed a height of seven (7) feet above the centerline of the adjacent roadway at a point perpendicular to the sign location.
d.
Sign area of such signs shall not exceed thirty-two (32) square feet per face, a maximum of sixty-four (64) square feet per sign.
e.
Landscaping shall be placed and maintained at the base of any ground sign.
3.
Hanging signs shall be permitted in addition to all other signs, provided that such signs do not exceed three (3) square feet per face.
4.
Illuminated signs. Any sign in this Chapter that is illuminated shall be subject to the standards of such sign as well as:
a.
All illumination shall be oriented so at to prevent undue glare onto adjacent streets or residential properties.
b.
All electrical illumination devices shall be designed to be weather-resistant and shatterproof.
c.
All illuminated signs within residential districts shall be extinguished at the time of business closing or 11:00 P.M. whichever is later, provided that this shall not prohibit continuous illumination of permitted flags, subdivision signs and subdivision map signs.
5.
Window signs shall be subject to the following restrictions:
a.
Such signs shall not cover more than twenty percent (20%) of the window or glass door to which they are applied.
b.
All signs in one (1) window shall be deemed to be one (1) sign for the purpose of this paragraph.
c.
Permanent window signs shall be painted, metal leafed or in some other manner permanently applied to either side of an exterior window or door.
d.
A permanent window sign shall be calculated with the total square footage of signs permitted per building side.
6.
Pole signs shall be subject to the following restrictions:
a.
No business shall have more than one (1) pole sign structure. Where multiple businesses are located in the same building, the allowed square footage of one (1) pole sign structure must be shared.
b.
No pole sign structure shall have more than four (4) faces. The back side of a sign is counted as a sign face even if it contains no advertisement or logo.
c.
No sign face shall be larger than one hundred twenty (120) square feet. This dimension includes dead space on sign faces that do not have continuous surfaces.
d.
The total of all four (4) sign faces shall not exceed two hundred forty (240) square feet. this dimension includes dead space on sign faces that do not have continuous surfaces.
e.
No part of the pole or any sign face shall exceed a height of thirty-five (35) feet above the average grade of the lot or thirty-five (35) feet above the adjacent public roadway, whichever is greater, except where property is contiguous to State Highway 30 or State Highway W, this height limit is fifty (50) feet.
Section 400.593 General Restrictions On Sign Regulations and Maintenance.
[R.O. 2011 §400.593; Ord. No. 240-92 §14, 7-15-1992]
A.
Except as hereinafter provided, all signs shall be subject to the following general construction standard and maintenance standards:
1.
Permanent signs, except for tablet signs and ground signs, which exceed ten (10) square in sign area or weigh fifty (50) pounds or more shall be erected by a licensed sign erector.
2.
Signs in residential areas are restricted to not more than two (2) sign faces.
[Ord. No. 856-15 §I, 6-15-2015]
3.
[1]If any sign becomes hazardous to pedestrian or vehicular traffic by reason of obstruction of walkways or fire access or exit lanes or by restricting sight distances for vehicle or pedestrian traffic, or if any sign is located so close to travel lanes or parking areas that it is struck by maneuvering vehicles, then such sign shall be relocated, removed or otherwise protected within thirty (30) days of notification by registered letter from the City Building Inspector that such danger or nuisance exists.
[1]
Editor's Note: Former Subsection (A)(3), which provided that signs in commercial districts were restricted to four (4) colors, was repealed 6-15-2015 by Ord. No. 856-15 §II. This ordinance also provided for the renumbering of former Subsection (A)(4) through (8) as Subsection (A)(3) through (7).
4.
All signs and 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 the occurrence or within thirty (30) days of notification by registered letter from the Building Inspector.
5.
Every permanent sign shall be constructed of rigid weather-proof materials and provisions shall be made for electric grounding of all metallic parts.
6.
Any sign structure which advertises a business no longer conducted or a product no longer sold on the premises or lot shall be removed by the owner, agent or person having beneficial use of the premises or lot upon which the sign is erected within thirty (30) days after the business or product is no longer present.
7.
All signs in a planned business center shall be of generally uniform appearance as approved by the Planning and Zoning Commission.
Section 400.595 Enforcement.
[R.O. 2011 §400.595; Ord. No. 240-92 §15, 7-15-1992]
A.
Authority Of Building Commissioner. The Building Commissioner/Inspector of the City shall be responsible for the enforcement of this Chapter and may, at any time the Building Commissioner deems necessary, inspect any sign structure regulated by this Chapter.
B.
Written Notice To Be Given Of Violations. If it is found that a sign is in violation of this Chapter, the Building Commissioner or the designated representative shall give written notice to the owner of the sign or, if the owner cannot be located within thirty (30) days by the Building Commissioner, to the owner of the premises on which the sign is located or, if the sign erection is not complete, to the sign erector, stating:
1.
The violations found;
2.
The conditions must be brought into compliance with this Chapter within thirty (30) days, or written proof must be presented within thirty (30) days that work has been contracted to correct violations by not later than sixty (60) days from the date of the notice;
3.
The specific standards that must be met; and
4.
Failure to comply or to make good faith efforts to comply with the terms of this notice shall constitute grounds for the Building Commissioner/Inspector to order removal of the sign at the expense of the sign owner or owner of the premises, as provided by this Chapter.
C.
Removal Of Signs By Building Commissioner. The Building Commissioner may remove a sign if:
D.
Costs To Sign Owners, Premises Owner, Or Sign Erector. The cost of sign repair or removal shall be charged;
1.
To the sign owner.
2.
If the sign owner cannot be located by the Building Commissioner within thirty (30) days, to the premises owner; or
3.
If the sign erection was not complete at the time the notice of violation was given, to the sign erector, and such cost shall be collected from his/her bonding agent if the erector is bonded.
E.
Expenses Incurred To Be Assessed As Lien On Property. In the event of failure by any party to reimburse the City within sixty (60) days for costs incurred for repair or removal ordered by the Building Commissioner, the Board of Alderpersons shall certify the charges for repair or removal to the City Clerk as a special assessment represented by a special tax bill against the real property on which the sign has been erected. The tax bill shall be a lien upon the property and shall be enforced to the same extend and in the same manner as all other special tax bills. The assessment shall bear interest at the rate of ten percent (10%) per annum.
Section 400.600 Appeals and Variances.
[R.O. 2011 §400.600; Ord. No. 240-92 §16, 7-15-1992]
A.
The Board of Adjustment is authorized to review or modify the Building Commissioner's order or determination with respect to signs covered by this Chapter, and to that end shall, during appeal, have all the Building Commissioner's powers. In addition, the Board may grant variances form this Chapter as provided by this Zoning Code.
1.
Guidelines for overturning or modifying Building Commissioner's decision. The Board of Adjustment shall, in considering appeals from the Building Commissioner's order or determination, establish that the sign or application in question complies with all the requirements of this Chapter. If it is determined that the Building Commissioner's application for this Chapter to the appellant's sign or request for a permit is erroneous, then the Board of Adjustment may overturn or modify the Building Commissioner's decision.
2.
Grounds for granting variance. The Board of Adjustment may grant variances from this Chapter where it is found that because of the limitations on character, size or dimensions of a sign, or because of the regulations controlling the erection or installation of a sign, the permittee would be subject to undue hardship. Undue hardship, however is not a mere loss of a possible advantage or convenience to the applicant.
The Board of Adjustment's decision on appeal shall be incorporated on the sign permit by reference to the decision number and date of decision.