Concordia City Zoning Code
ARTICLE XX
Sign Regulations
Section 405.765 Non-Conforming Uses.
[Ord. No. 649 §1, 3-4-2002]
The lawful use of land and advertising signs and bulletin boards which do not conform to the provisions of the Code shall be discontinued within one (1) year from the date of the approval of any zoning ordinance and the use of land and signs and bulletin boards which become non-conforming by reason of a subsequent change in that ordinance shall also be discontinued within one (1) year from the date of the change.
Section 405.770 Statement of Purpose.
[Ord. No. 678 §1, 3-3-2003]
A.
It is the purpose of this Article to protect and promote the health, safety and general welfare of the community; to regulate signs such that they will not, by reason of their size, location, construction or manner of display, endanger the public safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety.
B.
It is further the intent of this Article to protect property values and to promote the preservation of Concordia's character and natural scenic beauty in order to create a more aesthetically pleasing environment while allowing our community's businesses the opportunity to market their services and products.
C.
Finally, it is the intent of this Article to promote the attractive use and placement of signs as an integral part of our Comprehensive Plan for municipal development and consistent with the property rights guaranteed to all persons by the Constitutions of the United States and the State of Missouri.
Section 405.775 Definitions.
[Ord. No. 678 §1, 3-3-2003]
For the purpose of this Article, the following words and phrases shall have the meaning ascribed to them in this Section. If any terms defined in this Section differentiates from definitions elsewhere in the Zoning Regulations, the definition herein shall control for the purposes of enforcing, applying and interpreting the sign regulations set forth in this Article.
A sign employing actual motion or the illusion of motion. Animated signs which are differentiated from changeable signs as defined and regulated by this Article include the following types:
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or both of the classifications noted below:
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purpose of this Article, flashing will not be defined as occurring if the cyclical period between on/off phases of illumination exceeds four (4) seconds.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
A person for whom a sign is proposed to be erected, requesting that a sign permit be issued.
A sign attached to a building or other structure.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also WALL SIGN.
A detached or freestanding sign having one (1) or more panels designed to contain informative messages of advertisement which are changed from time to time, not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
A sign with the capability of content change by means of manual or remote input including signs that are:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually.
ELECTRICALLY ACTIVATEDChangeable sign whose message, copy or content can be changed by means of remote electrically energized on/off switching combinations of alphabetical or pictographic components arranged on a display surface. Illumination may be integral to the components such as characterized by lamps or other light-emitting devices or it may be from an external light source designed to reflect off the changeable component display.
A sign principally supported by a structure affixed to the ground and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground.
A monument sign identifying the name of a subdivision or other residential development approved as a single development.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish. It shall not include any of the above-mentioned activities when performed as an incident to the change of advertising.
An electrically activated changeable sign whose variable message capability can be electronically programmed.
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated).
An illuminated non-flashing sign whose illumination is derived entirely from an external artificial source and is so arranged that no direct rays of light are projected from such artificial source into public streets.
Any sign placed within a building but not including "window signs" as defined by this Article. This Article does not regulate interior signs, with the exception of window signs.
The four (4) block area from 1st Street south of Interstate 70 to Northwest 8th Street north of Interstate 70. This area primarily advertises to specifically draw customers from I-70.
Any sign attached flat against the marquee or permanent sidewalk canopy of a building.
A freestanding sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window and which has no more than twenty percent (20%) of the total area for such a sign utilized for business identification.
A freestanding, ground-mounted sign with a height no greater than eight (8) feet and a width no greater than twelve (12) feet which identifies a particular subdivision or establishment. A monument sign must be located on the subdivision sight or establishment premise and must conform to setback requirements as presented in future Sections of this Article and must be placed in a position so as not to hinder sight triangle for access onto intersecting roads.
A sign displayed after the business or product advertised is no longer located, operating or available on the premises to which the sign pertains.
A sign which directs attention to a business, profession, product, service, entertainment, merchandise or goods not conducted, sold, present or offered upon the premise or land where such sign is located.
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on or the sale or lease of the property on which it is displayed.
A name, identification, description, display, illustration or device which is intended for a period of display in excess of thirty (30) days. Any sign that is not considered a temporary sign within this Article shall be considered permanent.
A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
Any sign that is not permanently affixed to a building, structure or the ground and/or is designed to be moved from place to place, with or without wheels. Specifically included for purposes of description, but not without limitations, are signs mounted on trailers, with or without wheels, A-shaped "sandwich board signs" and inverted T-shaped signs.
The lot or parcel of land used in the active conduct of business, service, profession or activity, including but not limited to, structures, driveways, parking lots, storage areas, landscaping and loading areas.
That State highway to which a building fronts and therefore is the highway that services that establishment. For the parcels of land that lie within the "Interstate 70 service area", the primary highway will be that portion of Interstate 70 that would front the premise if the establishment faced I-70.
A sign other than a wall sign that is attached to or projects more than eighteen (18) inches from a building face or from a structure whose purpose is other than the support of a sign.
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
A sign that revolves three hundred sixty degrees (360°) about an axis. See also ANIMATED SIGN, MECHANICALLY ACTIVATED.
The minimum required distance between property line and the building line.
Any commercial establishment consisting of wholesale business, retail business or office, or any combination thereof, having a combined leasable floor area of fifty thousand (50,000) square feet or more. The floor area may be either under one ownership or multiple ownership.
Any name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business. A sign shall include writing, representation or other fixture of similar character within a building only when permanently installed, illuminated and located in a window. The following shall not be considered signs within the meaning of this definition:
Flags or insignia of any government.
Legal notices, identifications, information, traffic-related or directional signs erected or required by governmental bodies.
Signs, measuring not more than four (4) square feet, designed to direct and facilitate the flow of vehicular traffic into and out of a commercial establishment and containing no advertising matter.
If the sign copy is mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy; then the sign area is measured as that area that is contained within the outside dimensions of the background panel or surface.
If the sign copy is mounted as individual letters and/or graphics against a wall or fascia of a building or other structures that has not be painted, textured or otherwise altered to provide a distinctive background for the sign copy; then the sign area is measured as the area enclosed by the smallest single rectangle that will enclose all sign copy.
If the sign copy is mounted or painted on an illuminated sign or illuminated architectural element of a building; then the entire illuminated surface or illuminated architectural element containing sign copy will be counted as the sign area.
If the sign copy is mounted as individual letters and/or graphics on a canvas or likewise materials covering a structure that will produce shade or protection from the elements of nature for a building (an awning) and the entire awning structure is illuminated or non-illuminated; then the sign area is measured as the area enclosed by the smallest single rectangle that will enclose all sign copy. The names or physical address of the establishment owning the awning shall be allowed on the front facing of all awnings.
Number of sign faces.
One. The area of the single face only.
Two. If the interior angle between the two (2) sign faces is forty-five degrees (45°) or less, the area will be the area of one (1) face only; if the angle between the two (2) sign faces is greater than forty-five degrees (45°), the sign area will be the sum of the areas of the two (2) faces.
Three or more. The sign area will be the sum of the area of the three (3) or more faces.
Spherical, free form, sculptural, other non-planar signs. The sign area will be the sum of the areas of the four (4) vertical sides of the smallest polyhedron that will encompass the sign structure.
If a sign has more than one (1) component (e.g. a service stations identification/price sign combination mounted on the same surface); then the sign area will be the area of the smallest rectangle that will encompass the several components of the sign.
Any commercial establishment consisting of wholesale business, retail business or office, or any combination thereof, where the total leased area is less than fifty thousand (50,000) square feet.
A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground or not permanently affixed to a building or sign structure that is permanently embedded in the ground are considered temporary signs.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall including signs affixed to architectural projections from a building, provided the copy area of such sign remain on a parallel plane to the face of the building facade or to the face of the architectural projection to which it is affixed.
A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from an adjacent property.
Section 405.780 General Provisions.
[Ord. No. 678 §1, 3-3-2003]
A.
This Article shall be known and may be cited as the Concordia, Missouri, Sign Ordinance.
B.
All New Work Shall Conform. All signs erected, constructed or altered in the City of Concordia shall comply with the requirements set forth in this Article.
C.
Maintenance. It shall be unlawful to maintain a sign that has been erected or altered in violation of this Article. Maintenance of signs that were erected prior to the adoption of this Article is lawful.
Section 405.785 Permits.
[Ord. No. 678 §1, 3-3-2003]
A.
Permit Required. No person shall erect any sign as defined in this Article without first obtaining a permit from the Code Official, except for those signs that are exempted from the requirement by Section 405.790.
B.
Filing Of Permit. All applications for permits as specified above shall be filed with the Codes Official upon forms furnished by him, and shall be accompanied by plans, to scale, showing the sign area, the position of the sign in relation to lot lines and street, the position of the sign in relation to adjoining buildings or structures, the location of the building, structure or lot to which the sign is to be erected, the method of illumination, if any, and such other information as the Codes Official may require to assure full compliance with this Article.
C.
Fee Schedule. The permit fee shall be calculated and distributed to the applicant at the time of the application. The permit fee shall not be collected unless the sign has been approved.
1.
The fee structure for all ground signs and pole sign requests shall be calculated by use of the following formula:
Height X Square Feet X Fee = Permit Fee
Fees as set out in Chapter 150, Table B of Title I of this Code shall be assigned to the height of ground or pole signs for which a permit is requested.
D.
Limitations. The permit shall become null and void for the following reasons:
1.
The work authorized by a permit granted under this Article has not commenced in a six (6) month period.
2.
The work authorized by a permit granted under this Article has been abandoned for a six (6) month period after beginning.
Upon occurrence of either of the above-named incidents, a new permit with all applicable fees will be required before any work may continue. |
Section 405.790 Restrictions.
[Ord. No. 678 §1, 3-3-2003]
A.
Illuminated Signs. All erected or maintained illuminated signs shall be illuminated with only non-flashing and non-intermittent light or lights. No flashing or intermittent lamps shall be allowed. Furthermore, no illuminated sign shall be of the intensity or brilliance to cause glare or to impair the vision of the operator of any motor vehicle or to otherwise interfere with such operator.
B.
Off-Premise Signs. All off-premise signs as defined in this Article are prohibited without a proper grant from the Missouri Department of Transportation. This provision does not apply to Official Business Directional as provided by the State of Missouri Department of Transportation.
C.
Attached Signs. No attached sign shall obstruct any window, door, stairway or other opening intended for ingress or for necessary ventilation or light. No sign shall be attached to any tree or public utility pole.
D.
Signs Erected On Natural Features. No on-premise sign may be permitted which is erected or maintained upon trees or painted or drawn upon rocks or other natural features.
E.
Signs Painted On Buildings. Any existing sign that is painted directly on the surface of a building may remain and may be repainted even though it may exceed the total allowable surface area of signs. However, any new sign that is to be painted directly on the surface of a building must comply to the total allowable surface area of signs as defined in this Article.
F.
Revolving Signs. Revolving signs shall be prohibited in the City of Concordia, Missouri, except for barbershop poles, which shall not exceed four (4) feet in height.
G.
Projecting Signs. No signs shall project over any lot line. No sign shall project over any street or street right-of-way. No projecting sign shall be less than eight (8) feet above grade level at its lowest point nor shall extend to a height greater than twenty-five (25) feet as determined by Subsection (N) below.
H.
Setbacks.
1.
Setback from right-of-way. No sign except those Official Business Directional signs of the Missouri Department of Transportation shall be erected inside of the public right-of-way. In addition, if the paved surface of the road extends to the edge of the right-of-way, the structure supporting the sign must be located a minimum of five (5) feet from such paved roads when measuring from the right-of-way to supporting wall or structure. At no time shall the nearest part of a sign, whether it be at ground level or in the air, be erected within the public right-of-way.
2.
Setbacks from side lot lines. All signs shall be set back at least ten (10) feet from all side lot lines. The setback shall be determined from street or lot lines to that part of the sign that extends nearest to said line whether it be at ground level or above ground level. Regardless of these setbacks, no sign shall be located such that it interferes with or impairs the vision of the operator of any motor vehicle.
I.
Non-functional Signs.
1.
Non-functional, non-conforming signs. It shall be unlawful for any non-conforming sign to remain on display after it ceases to be functional. If a non-conforming sign is found to be non-functional for a period of ninety (90) days, the owner shall be given written notice to remove such sign in ten (10) days after the receipt of said notice. Should the owner refuse or neglect to comply with the order, the Board of Aldermen may order such sign to be removed by whatever means practical and all expenses therefor shall be repaid to the City of Concordia by the owner within thirty (30) days after demand.
2.
Non-functional, conforming signs. If a sign that is otherwise considered to be a conforming sign according to this Article becomes non-functional for a period of ninety (90) days, this sign will be considered a non-functioning, conforming sign. Non-functioning, conforming signs may remain in place for an indefinite period but must be painted or otherwise colored a solid white, beige, blue, brown or black color and may bear no advertising material.
J.
Portable Signs.
1.
Portable signs that bear a message to advertise or promote a product or service shall be allowed in the B-1 Central Business Zone, the B-2 Highway Business Zone, the BR-1 and BR-2 Business/Residential Zones and the I-1 and I-2 Industrial Zones. Use shall be limited to one (1) such sign per lot or parcel. Such sign, if illuminated, must comply with Subsection (A) of this Section. The placement of such sign must be in compliance with the manner set forth in Subsection (H)(1) and (2) of this Section.
Furthermore, the area of such signs shall not exceed thirty-two (32) square feet. These signs must be held in place by stakes, guy wires or other adequate means. These signs, as defined in this Article, will not be considered as detached or freestanding signs.
A permit is required for these signs, however, no fees shall be charged.
2.
Portable signs that bear a message other than advertisement or promotion of a product or service may be placed on private property in any of these zones. Such sign, if illuminated, must comply with Subsection (A) of this Section. The placement of such sign must be in compliance with the manner set forth in Subsection (H)(1) and (2) of this Section.
The sign area shall be limited to four (4) square feet in size. These signs as defined in this Article will not be considered as detached or freestanding signs.
A permit is required for these signs, however, no fees shall be charged.
K.
Temporary Signs. Temporary signs as defined in this Article shall be classified as one of the following categories and may be placed in the right-of-way upon consent of the adjoining property owner and shall be subject to the regulations that pertain thereto.
1.
Real estate, sale, rental or lease signs. Temporary signs which pertain to the use, sale or lease of real estate shall be permitted but must not exceed thirty-two (32) square feet in the B-1 Central Business Zone, the B-2 Highway Business Zone, the BR-1 and BR-2 Business/ Residential Zones and the I-1 and I-2 Industrial Zones.
Temporary signs which pertain to the use, sale or lease of real estate shall be permitted in the R-1, R-2 and R-3 Zones but must not exceed eight (8) square feet.
One (1) sign shall be allowed for each two hundred (200) square feet.
A permit is not required for these signs.
2.
Signs on motor vehicles. Temporary signs pertaining to the sale of motor vehicles, boats and/or trailers shall be permitted by this Article with no permit or fee required. However, signs on motor vehicles, boats and/or trailers which are determined by the Code Official to be circumventing the intent of this Article are prohibited. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle.
3.
Special event and/or announcement signs.
a.
Temporary signs pertaining to campaigns, drives or events of a political, civic, philanthropic, educational or religious organization shall be allowed by this Article with no permit or fee required. Such signs must be removed not later than thirty (30) days after they are erected. Temporary window signs measuring no more than four (4) square feet shall be allowed in all windows and public bulletin board areas so long as said sign is in compliance with this Article.
4.
Political signs. Signs bearing a political message relating to an election, primary or referendum shall be permitted without the need of acquiring a permit and may be placed in the right-of-way upon consent of adjoining property owner and provided they are removed by the candidate or political committee not later than one (1) week following the election, primary or referendum to which they relate. The Code Official of the City of Concordia, or his agent, shall remove any signs that have not been removed within this timeframe. The removal costs shall be sent to the candidate or committee responsible for the placement of such signs. Any such sign placed on private property shall also be removed within one (1) week following the election, primary or referendum to which they relate. The Code Official shall notify any property owner on whose property such signs have been placed if the signs are not removed within the time period set forth.
L.
Signs For Home Occupations. Signs for home occupations shall be limited to one (1) nameplate which may display the name of the occupant and/or the name of the home occupation(s). Such sign shall not exceed four (4) square feet in area and shall be non-illuminated.
M.
Affixed Signs. Signs affixed to any wall or roof of a building or signs composed of individual letters without a background may be located on the edge of a roof or parapet wall on a flat roof or at the line of the eaves on other types of roofs. A sign affixed to any of the above locations shall not project more than three (3) feet above the area to which it is affixed as follows:
N.
Height Of Signs. No sign that is attached or affixed to any wall of a building or roof shall extend to a height greater than twenty-five (25) feet above the level of the ground upon which it is erected.
O.
Freestanding Or Detached On-Premise Signs. No freestanding or detached sign in the B-1, B-2, BR-1, BR-2, I-1 or I-2 zones shall have a maximum area of greater than two hundred (200) square feet. Freestanding on-premise signs shall have a height no greater than forty-five (45) feet above the finished grade of the primary highway it services. (See definitions for PRIMARY HIGHWAY and for INTERSTATE 70 SERVICE AREA.)
Section 405.795 Zone Restrictions.
[Ord. No. 678 §1, 3-3-2003]
A.
Sign In Zones B-1, B-2, BR-1 and BR-2.
1.
In B-1, B-2, BR-1 and BR-2 zones, signs may be located and may be window, attached, detached or projecting signs. These signs may be single-faced or double-faced, identifying uses, goods sold or services rendered on the premises.
2.
No lot or parcel in these zones may have more than one (1) detached sign except as provided in Subsection (3) of this Section.
3.
Lots or parcels located in these zones with more than three hundred (300) linear feet of frontage along the public way may have two (2) freestanding signs. Lots or parcels with more than five hundred (500) linear feet of frontage along the public way may have up to three (3) freestanding or detached signs. All detached signs on any one lot or parcel shall maintain a minimum separation of one hundred (100) linear feet.
4.
Golf courses and other outdoor recreational facilities may have non-advertising signs appropriate to their use, i.e., driving range distance markers and hole numbers.
5.
In no case shall the aggregate area of all signs located on any parcel located in these zones exceed six hundred (600) square feet.
B.
Signs In the Industrial Zones.
1.
In the I-1 and I-2 Zones signs may be in accordance with Sections 405.790(H)(1) and (2) and may be attached, detached or projection signs, single- or double-faced, identifying goods sold or manufactured on the premises, or services rendered on the premises.
2.
No lot or parcel of land located in this zone shall have more than one (1) freestanding or detached sign except as provided in Subsection (3) of this Section.
3.
Lots or parcels located in these zones with more than three hundred (300) linear feet of frontage along the public way may have two (2) freestanding signs. Lots or parcels with more than five hundred (500) linear feet of frontage along the public way may have up to three (3) freestanding or detached signs. All detached signs (see Portable Signs, Section 405.790(G)) on any one lot or parcel shall maintain a minimum separation of one hundred (100) linear feet.
4.
In no case shall the aggregate area of all freestanding signs located on lots or parcels in this zone exceed six hundred (600) linear feet.
C.
Signs In The R-1, R-2 And R-3 Residential Zones.
1.
The following signs are permitted in R-1 Residential Zones:
a.
Monument signs which identify a particular residential subdivision to be located on the subdivision site. No more than two (2) signs at each entrance may be located on any subdivision. Such sign, if illuminated, must comply with Section 405.790(A) of this Article. The placement of such sign must be in compliance with the manner set forth in Section 405.790(H)(1) and (2) of this Article.
b.
Signs, including but not limited to, home occupation signs with an aggregate area not exceeding four (4) square feet directing and guiding traffic on private property but not bearing advertisement matter.
2.
The following signs are permitted in R-2 Residential Zones:
a.
All signs permitted in R-1 Residential Zones.
b.
Detached signs, either single- or double-faced, one to a property, which identifies the property management and does not measure more than eight (8) square feet in size. Such sign, if illuminated, must comply with Section 405.790(A) of this Article. The placement of such sign must be in compliance with the manner set forth in Section 405.790(H)(1) and (2) of this Article.
Section 405.800 Shopping Centers and Strip Malls.
[Ord. No. 678 §1, 3-3-2003]
A.
Applicability. This Section regulates the placement of signs in all shopping centers and strip malls as defined in this Article.
B.
Attached Signs. In shopping centers or strip malls each store or shop front may have an attached sign aggregating four (4) square feet of area for every running foot of frontage. However, no attached sign or supporting structure shall extend more than three (3) feet above the level of a flat roof or the level of the eaves on other types of roofs. (See Section 405.790(M) Affixed Signs.)
C.
Detached Signs.
1.
Each shopping center may have one (1) detached sign directing the public to the shopping center and identifying use of services rendered on the premises. These signs shall have a total area of not greater than four hundred (400) square feet. These signs shall not extend to a height of greater than forty-five (45) feet above the finished grade of the primary highway it services. (See definitions for PRIMARY HIGHWAY and for INTERSTATE 70 SERVICE AREA.) Directional signs measuring not more than four (4) square feet in area, designed to direct and facilitate the flow of vehicular traffic into and out of a commercial establishment and containing no advertising matter shall not be considered detached signs within the meaning of this Article.
2.
Each strip mall center may have one (1) detached sign directing the public to the shopping center and identifying use of services rendered on the premises. These signs shall not extend to a height of greater than forty-five (45) feet above the finished grade of the primary highway it services. (See definitions for PRIMARY HIGHWAY and for INTERSTATE 70 SERVICE AREA.) The strip mall may choose to have multiple detached signs in lieu of the single sign located throughout the establishment identifying use of services rendered on the premises. The aggregate sign area shall not exceed six hundred (600) square feet and shall have a height of not greater than twelve (12) feet above the level of the ground upon which they are erected. Directional signs, measuring not more than four (4) square feet in area, designed to direct and facilitate the flow of vehicular traffic into and out of a commercial establishment and containing no advertising matter shall not be considered detached signs within the meaning of this Article.
Section 405.805 Permit Fees.
[Ord. No. 678 §1, 3-3-2003]
A.
The permit fee shall be calculated and distributed to the applicant at the time of the application. The permit fee shall not be collected unless the sign has been approved.
1.
The fee structure for all ground signs and pole sign variance requests shall be calculated by use of the following formula:
Height X Square Feet X Fee = Permit Fee | ||
The following fees shall be assigned to the height of ground or pole signs for which a permit is requested: | ||
0 feet to 8 feet = $ 0.15 | ||
over 8 feet to 15 feet = $ 0.25 | ||
over 15 feet to 25 feet = $ 0.35 | ||
over 25 feet to 35 feet = $ 0.45 | ||
over 35 feet = $ 0.50 | ||
2.
The fee structure for wall signs for which a variance is requested shall be calculated by use of the following formula:
Fee X Square Feet = Permit Fee | ||
The following fee shall be assigned to all wall signs for which a permit is requested: | ||
$1.00 per square foot | ||
Section 405.810 Structure and Design.
[Ord. No. 678 §1, 3-3-2003]
A.
Structure.
1.
All freestanding, detached and monument signs, except those which are less than thirty-two (32) square feet in size and having an overall height of less than eight (8) feet, or those that are temporary signs as defined by this Article shall have a frame adequately designed and constructed for support of signage material and shall at all times comply with the City of Concordia's Property Maintenance Ordinance.
2.
The applicant shall bear the burden of proving that the frame is adequately constructed. The City reserves the right to require a certification from a registered professional engineer of the State of Missouri.
B.
Welding. Qualified welders, whether done in the shop or field, must do all welding of structural frames.
C.
Guys. Guys shall be required on the following signs:
a. | Project signs of horizontal length of twenty-five (25) feet or greater. | |
b. | Freestanding signs that cannot be sufficiently anchored or supported. |
1.
Signs without guys shall be figured as cantilevers and extra care shall be taken with the effectiveness at the anchor or supporting end.
2.
Guys, together with the supports on the buildings, establish certain frame members as simple beams.
3.
When there is not sufficient room for cable guys at both sides of a sign, angle or side guys may be used. All angle or side guys shall form an angle of no less than forty-five degrees (45°) with the face of the sign and the wall of the building.
D.
Wind Loads. All projecting signs, roof signs, detached signs, rectangular signs and freestanding signs shall be designed and erected to withstand wind load experienced in this area by a registered, professional engineer of the State of Missouri.
E.
Foundations. A base that provides protection against frost movement shall adequately support permanent signs. Material used in the construction of the sign base shall be of a non-deteriorating or relatively low-deteriorating nature. All foundations must be designed by a registered, professional engineer of the State of Missouri.
Section 405.815 Non-Conforming Signs.
Section 405.820 Enforcement.
[Ord. No. 678 §1, 3-3-2003]
A.
Enforcement Procedure.
1.
It shall be the duty of the Code Official to enforce the provisions of this Article. If the Code Official shall find that any provision is being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, including signs or work being done, removal of illegal buildings or structures and abatement of nuisance conditions. A copy of such notice is not a prerequisite to bringing any legal action noted in Subsection (2) below and the failure to give notice shall not in any way affect such legal action.
2.
The Code Official shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to permit approvals. The Code Official shall also investigate all complaints of alleged violations of this Article.
3.
The Code Official shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, violations investigated, violations found and fees collected.
B.
Legal Actions. The Municipal Officers, upon notice from the Code Official, are directed to institute any and all actions and proceedings, whether legal or equitable, including seeking injunctions or violations and the imposition of fines that may be appropriate or necessary to enforce the provisions of this Article in the name of the City of Corcordia, Missouri. The Concordia Municipal Court, a division of the Lafayette County Judicial Circuit Court of the State of Missouri shall have jurisdiction to levy all fines in accordance with Section 560.026, RSMo., and take all actions necessary as to the enforcement of this Article.
C.
Validity. If any Section, Subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
Section 405.825 Appeals and Variances.
[Ord. No. 678 §1, 3-3-2003]
A.
Administrative Appeals. The Board of Adjustment shall hear and decide matters where written appeal alleges an error in any interpretation, order, requirement, decision or determination of the Code Official in the enforcement of this Article. The action of the Code Official may be modified or reversed by the Board of Adjustment by a concurring vote of a majority of the Board members.
B.
Variances. The Board of Adjustment shall decide upon written requests for variances from the terms of this Article. Variances shall be limited to variations in the dimensions and placement of signs. Before the Board may grant a variance, it must find that a relaxation of the terms of this Article is warranted because literal enforcement of this Article would result in undue hardship. The burden of showing undue hardship is on the applicant. Before the Board may exercise its discretion and grant a variance on the grounds of undue hardship, the applicant must show that:
1.
The plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property in question and not due to the general conditions in the neighborhood.
2.
The alleged hardship includes substantially more than mere inconvenience or inability to attain higher financial return or both.
3.
The sign to be authorized by the variance will not alter the essential character of the neighborhood.
4.
The alleged hardship is not the result of actions taken by the applicant or a prior owner of the property.
The Board of Adjustment shall grant a variance only upon the concurring vote of a majority and, in so doing, may prescribe conditions and safeguards as are appropriate for carrying out the intent and purposes of this Article. |
C.
Appeal Procedure.
1.
Appeals to the Board of Adjustments may be taken by any person aggrieved or by an officer, department, any board or bureau of the City of Concordia, any neighborhood organization as defined in Section 32.105, RSMo., representing an aggrieved person affected by any decision of the Code Official or Building Inspector. Such appeal shall be taken within thirty (30) days of such decision by filing with the Code Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Code Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed is taken.
2.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Official certifies to the Board after the notice of appeal has been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by proper legal notice.
3.
The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in the official newspaper of the City, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
4.
A non-refundable administrative fee as set out in Chapter 150, Table B of Title I of this Code shall be paid to the City Clerk at the time the application is filed and the applicant shall obtain a receipt therefor which shall be delivered to the Mayor of the City. An additional non-refundable fee, as set out in Chapter 150, Table B of Title I of this Code, shall be paid to the City Clerk prior to the time publication of the notice of public hearing is ordered by the Board of Adjustment of the City in the official newspaper of the City and the applicant shall obtain a receipt therefor which shall be delivered to the Mayor of the City. All fees received hereunder by the City Clerk of the City shall be paid over to the credit of the General Revenue Fund of the City.
5.
The permit fee shall be calculated and distributed to the applicant at the time of the application. The permit fee shall not be collected unless the Board of Adjustment grants the requested variance.
a.
The fee structure for all ground signs and pole sign variance requests shall be calculated by use of the following formula:
Height X Square Feet X Fee = Permit Fee
Fees as set out in Chapter 150, Table B of Title I of this Code, shall be assigned to the height of ground or pole signs for which a variance may be requested.
6.
Within twenty (20) days of the public hearing, the Board of Adjustment shall reach a decision on the requested appeal and shall inform, in writing, the appellant, the Code Official and the Board of Aldermen of its decision.
7.
Upon official notification of the decision of the Board of Adjustment, the Code Official shall take all necessary action as instructed by the Board of Aldermen.
D.
Further Appeals.
1.
In exercising the above powers, the Board of Adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Any owners, lessees or tenants of buildings, structures or land jointly or severally aggrieved by any decision of the Board of Adjustment may appeal to the Board of Aldermen for review within thirty (30) days after the decision has been rendered.
2.
Any person aggrieved by a decision of the Board of Aldermen (concurring with or opposed to the decision of the Board of Adjustment), including the City of Concordia, may present to the Circuit Court of Lafayette County, a petition duly verified stating that the decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom.