Country Club, MO Zoning Ordinance

Section 405.210 Supplementary District Regulations.

[Ord. No. 336 Art. 15, 12-14-1999]

Height Regulations. Chimneys, church spires, belfries, monuments, water towers, tanks, fire towers, storage towers or scenery lofts, cooling towers, ornamental towers and spires, radio and television towers, antennas or aerials, elevator bulkheads, conveyors, flagpoles and grain elevators shall not be subject to the height limitations of these regulations.

Area. The open space requirements shall be regulated as follows:

Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses, cornices and ornamental features not to exceed twelve (12) inches.

Open or lattice enclosed fire escapes, required by laws, projecting into a yard not to exceed five (5) feet and the ordinary projection of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

Terraces, uncovered porches and ornamental features which do not extend more than five (5) feet above the floor level of the ground or first (1st) story may project into a required yard, provided that those projections shall be at least three (3) feet from the adjacent side lot line.

Where a lot or tract is used for educational, institutional, hotel, commercial or industrial purposes, more than one (1) metal building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

Front Yards. The front yards established in these regulations shall be adjusted in the following cases:

Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersection streets is developed or may be developed with buildings that have, with a variation of five (5) feet or less, a front yard greater or lesser in depth than required in these regulations. New buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is presently developed or may hereafter by developed with buildings that do not have a front yard as described above, then:

Where a building is to be erected on a parcel of land that is within one hundred (100) feet on existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent buildings.

Corner or through lots having a frontage of two (2) streets shall provide the required front yard on both streets.

An enclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.

Side Yards. The side yard established in these regulations shall be adjusted in the following cases:

Commercial buildings used in part for dwelling purposes shall provide side yards not less than five (5) feet in width, unless every dwelling room opens directly upon a front yard, rear yard or court.

For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.

Rear Yards. The rear yards established in these regulations shall be observed.

Lot Area Per Family. Where a lot of record at the time of the effective date of the 1999 Zoning Ordinance has less area or width than required in these regulations in the district in which it is located, such lot may nonetheless be used for a one-family dwelling or for any other non-dwelling use permitted in the district in which it is located.

Accessory Buildings. The following shall be applicable:

Accessory buildings or structures may be built in a rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of the required rear yard and shall not be nearer than five (5) feet from the side or rear lot line.

If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as a part of the main building for the purpose of determining the side and rear yards.

No accessory building shall be used for dwelling purposes.

Accessory building shall not exceed the size of the main building in height or area.

Section 405.220 Sign Requirements - Intent - Definitions.

[Ord. No. 336 Art. 16, 12-14-1999]

Intent. All signs hereinafter defined shall be regulated as to location, type, size and number in all zoning districts in Country Club Village. In addition to the standards and regulations contained herein, signs shall also be subject to building and other codes of Country Club Village.

Definitions. Words and terms used in these regulations are defined as follows for the purposes of applying the regulations of this order.

Functional types.

ADVERTISING SIGN

A sign which directs the attention of the public to any goods, merchandise, property, business, service, entertainment or amusement conducted or produced which is bought or sold, furnished, offered or dealt in elsewhere than the premises where such sign is located or to which it is affixed (commonly referred to as a billboard).

BULLETIN BOARD SIGN

A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it and announcement of persons, events or activities occurring at the institution. Such sign may also present a greeting or similar message.

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.

CONSTRUCTION SIGN

A temporary sign indicating the names of the architects, engineers, 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.

IDENTIFICATION SIGN

A sign giving the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily-recognized symbol.

MONUMENT SIGN

A permanent detached sign of generally horizontal shape, constructed of stone, masonry materials, concrete, metal, sandblasted or routed wood planks or beams or plastic and which is mounted on a base or columns of similar material.

NAME PLATE SIGN

A sign giving the name or address of the owner or occupant or a building or premises on which it is located and, where applicable, a professional status.

REAL ESTATE SIGN

A sign pertaining to the sale or lease of all or a part of a lot or tract of land on which the sign is located or to the sale or lease of all or a part of one (1) or more structures on which the sign is located.

WINDOW SIGN

Any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

Structural types.

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.

GROUND SIGN

Any sign placed upon or supported by the ground, independent of the principal building or structure on the property, where the bottom edge of the sign is less than six (6) feet above the ground.

POLE SIGN

Any sign placed upon or supported by the ground, independent of the principal building or structure on the property, where the bottom edge of the sign is six (6) feet or more above ground level.

PROJECTING SIGN

A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.

ROOF SIGN

A sign primarily supported on the roof of a structure. Roof signs shall not project more than twelve (12) inches beyond the face of the building.

WALL SIGN

A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface and which does not project more than twelve (12) inches from such building.

Temporary types. Any sign of a material such as cardboard, paper, pressed wood, plastic or metal which is attached to a fence, tree, utility pole, temporary structure or any sign which is not securely fastened to a building.

BANNER SIGN

Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or businesses shall not be considered banners for the purpose of this Section.

CHANGEABLE COPY SIGN

Any sign that is designed so that characters, letters or illustration can be changed or rearranged without altering the face of the surface of the sign. This shall also include the changing of copy on billboards.

POLITICAL SIGN

Any sign which conveys a political candidate's name or a political cause subject to a primary or general election. Said signs are not allowed on public property or public rights-of-way. Each sign shall not exceed five (5) square feet; in residential districts political signs must be located not less than ten (10) feet from the property line.

REAL ESTATE SIGN

Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

STREET BANNER SIGN

Any banner sign which is stretched across and hung over a public right-of-way. The minimum ground clearance shall be at least fifteen (15) feet.

Section 405.230 Sign Requirements - General Standards.

[Ord. No. 336 Art. 16, 12-14-1999]

Gross Area Of The Sign. Gross area shall include the entire area within a single continuous perimeter enclosing the extreme limits of the sign, exclusive of the base on which it is mounted or from which it is suspended. If more than one (1) side of a sign is used as a sign, then the area of both sides shall be computed and shall count as a portion of the gross area. 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 permitted in this regulation. For computing the gross area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters.

Sign Height. Sign height shall be measured from the ground elevation at the base of the sign to the highest point of the sign.

Traffic Safety.

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 or confuse traffic.

Any sign located within three (3) feet of a driveway or within a parking area shall have its lowest elevation at least ten (10) feet above the curb level; however, no sign shall be placed so as to project over any public right-of-way.

No sign shall be placed in the sight triangle as defined by these regulations.

Section 405.231 Billboards.

[Ord. No. 405.231 §§1 — 11, 11-8-2005]

Statement Of Purpose; Statutory Authority.

Purpose.

To preserve and promote the public health, safety and welfare of the citizens of the Village of Country Club;

To maintain and enhance the visual environment, and to preserve the right of citizens to enjoy the scenic beauty of the Village of Country Club;

To improve pedestrian and traffic safety;

To minimize the possible adverse effect of billboards on nearby public and private property.

This Off-Premises Billboard Ordinance is adopted under the zoning authority of the Village of Country Club in furtherance of the more general purposes set forth in the Zoning Ordinance. This Section is adopted and hereafter amended pursuant to Section 71.288, RSMo.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABANDONED BILLBOARD

A billboard which has carried no message for more than one hundred eighty (180) days or which no longer identifies a bona fide business, lessor, service, owner, product, or activity, date or time of past event, and/or for which no legal owner can be found. The definition shall also include any billboard structure which no longer supports the billboard for which it was designed.

ADMINISTRATOR

The designated government official whose responsibility it is to administer the provisions of this Section. These activities may include, but are not limited to, reviewing applications for billboard permits, corresponding and/or meeting with applicants, issuing and denying billboard permits, inspecting billboards, and interpreting and enforcing the provisions of this Section.

ARCHITECTURAL, SCENIC, OR HISTORIC AREA

An area of special control that contains unique visual or historic characteristics or whose natural beauty requires special regulations to ensure that all billboards displayed within the area are compatible with the area.

BILLBOARD

An off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or non-commercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues.

BILLBOARD AREA

The facing of a billboard, including copy, insignia, background, structural supports, and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to the business or product.

BILLBOARD PLAZA

An area of special control which the Village of Country Club Board of Trustees designates as appropriate for the display of billboards.

CHANGEABLE COPY

Copy that changes at intervals of more than once every six (6) seconds.

COMMERCIAL BILLBOARD

A billboard which identifies goods or services that are not sold on the premises where the billboard is located.

DIRECTIONAL SIGN

A sign erected and maintained by local officials within the public right-of-way to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest. Such signs shall conform to all applicable State regulations regarding the placement of billboards in public rights-of-way.

EXPRESSWAY or FREEWAY

A highway to which access is restricted except by ramps or interchanges.

FLASHING ILLUMINATION

A light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change at intervals of less than six (6) seconds.

HEIGHT

The vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the billboard.

ILLEGAL BILLBOARD

A billboard that was constructed in violation of regulations that existed at the time it was built.

INDIRECT ILLUMINATION

A light source not seen directly.

INTERNAL ILLUMINATION

A light source that is concealed or contained within the billboard and becomes visible in darkness through a translucent surface.

MOVEMENT

Physical movement or revolution up or down, around, or sideways that completes a cycle of change at intervals of less than six (6) seconds.

NON-CONFORMING BILLBOARD

A billboard which was lawfully erected and maintained on the effective date, November 8, 2005, of this or Section, or any amendment thereto, that does not conform to the regulations of the district in which it is located.

POLITICAL BILLBOARD

A billboard that advertises a candidate or an issue which is to be voted on in a local, State, or Federal election.

PREMISES

The contiguous land in the same ownership or control which is not divided by a street.

SCENIC ROADSIDE

Include those land areas within the municipal limits which lie within the viewshed of either side of the outermost edge of any of the roads, which are of uncommon visual importance or scenic attractiveness.

SPACING

Spacing of billboards shall be the minimum distance between outdoor advertising billboard structures measured along the nearest edge of the pavement between points directly opposite the billboards along each side of the highway and shall apply to outdoor advertising billboard structures located on both sides of the highway involved.

STRUCTURE

Anything built that requires a permanent location.

VIEWSHED

An area visible from the road that provides vistas over water or across expanses of land, such as farmland, woodlands, coastal wetlands, mountaintops or ridgelines.

Billboard Regulations: Permitted.

New billboards.

No new billboards shall be erected within the political boundaries of the Village of Country Club except in billboard plazas in designated areas of special control pursuant to Subsection (F).

Such new billboards as may be permitted by this Section shall conform to the height, size, lighting, and spacing requirement prescribed by this Section, as modified by the designation of any area of special control in which the billboard is located.

Height. All billboards shall be no greater than twenty-five (25) feet in height.

Size. All billboards shall be no greater than one hundred fifty (150) square feet in area. Except for exempted billboards in Subsection (E) only one (1) billboard shall be permitted on each billboard structure.

Lighting. In addition to the lighting restrictions of Section 226.540(1), RSMo. (Supp. 1997), which shall apply to all billboards in the Village of Country Club, no billboard shall be so illuminated that it:

Interferes with the safety of aircraft flight in the vicinity of the billboard.

Interferes with the use and enjoyment of property of any adjacent land owners.

Allows the illumination source to be directly visible from any right-of-way or adjoining property.

Spacing. (All measurements shall be made parallel to the roadway between perpendiculars extended from the billboard locations in question.)

Interstate highways and freeways on the Federal-aid primary system.

(1)

No billboard shall be erected within two thousand (2,000) feet of an existing billboard on either side of the highway.

(2)

No billboard shall be erected within two thousand (2,000) feet of an interchange, intersection at grade, or safety rest area.

Non-freeway Federal-aid primary highways.

(1)

Within the limits of the Village of Country Club, no billboard shall be erected within one thousand (1,000) feet of an existing billboard on either side of the highway.

Designated scenic roadsides. No billboards shall be permitted in areas designated as scenic roadsides.

(1)

Minimum setbacks. All billboards and billboard structures must be located at least twenty (20) feet from any property line and placed so as not to pose a visibility or other hazard to vehicular traffic in the vicinity of the sign.

(2)

Areas of special control. Areas of special control established under Subsection (F) may have regulations more or less restrictive than those of this Section, consistent with the character of the area of special control.

Billboard Regulations: Prohibited. The following are expressly prohibited unless specifically stated otherwise in this Section:

Off-premises billboards, except in billboard plazas of designated areas of special control.

Animated and moving billboards: off-premises billboards employing movement, including, but not limited to, changeable copy signs, pennants, flags, banners, streamers, propellers, discs, and searchlights.

Flashing billboards: off-premises billboards that include lights which flash, blink, or turn on and off intermittently, not including time and temperature signs.

Glaring billboards: off-premises billboards employing direct, indirect, internal, flashing, or other illumination with light sources or reflectivity of such brightness that constitute a hazard to ground or air traffic or a nuisance, as determined by the Administrator.

Inflatable billboards and objects, including, but not limited to, balloons.

Roof billboards: off-premises billboards which are erected or painted on a roof or which extend in height above the roofline of the building on which the sign is erected.

Simulated traffic signs and obstructions: any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street or highway intersection, or extend into the public right-of-way.

Billboard Regulations: Exempted Signs. The following signs do not require permits or fee payments under Subsection (I) but must meet the other requirements of the Section.

Traffic control signs.

Traffic flow informational signs.

Directional signs.

Temporary signs.

Safety control signs.

Areas of Special Control.

The Board of Trustees, by ordinance and following notice and hearing, may designate any of the following areas of special control:

Architectural, historic or scenic areas or scenic roadsides.

Billboard plazas.

The Administrator shall maintain and shall continually revise a Zoning Map of the Village of Country Club on which the Administrator shall indicate the boundaries of all designated areas of special control.

The Village of Country Club Board of Trustees shall adopt special regulations for billboards in areas of special control which shall be consistent with the character of the area of special control.

General Design and Construction Standards. All billboards shall be designated, constructed, and maintained in accordance with the following standards:

All billboards shall comply with applicable provisions of the Uniform Building Code and the Electrical Code of the Village of Country Club.

All billboards regulated by this Section shall be constructed of permanent materials and shall be permanently attached to the ground, by direct attachment to a rigid wall, frame or structure.

All billboards shall be maintained in good structural condition in compliance with all building and electrical codes, and in conformance with this Code, at all times.

Non-Conforming Billboards.

Continuance. Each non-conforming billboard and billboard structure shall be allowed to be displayed for three (3) years from the adoption of this Section, to provide a reasonable opportunity for the owner to recover the full economic value of the investment made in the billboard.

Removal. Non-conforming billboards and billboard structures shall be removed at the owner's or lessor's expense under the following circumstances:

Not later than three (3) years from the date of the adoption of this Section, if not brought into compliance with this Section.

The billboard is abandoned.

The billboard becomes damaged or dilapidated to fifty percent (50%) or more of its physical structure or economic value.

Permits, Administration, and Enforcement.

Enforcement Officer. All administration and enforcement of this Section shall be primarily implemented by the designated Code Enforcement Officer (the Administrator) in the Village of Country Club and the Planning and Zoning Board. The Administrator shall have the responsibility and full authority to administer and enforce all provisions of this Section, other than those provisions specifically reserved for the authority of the Village of Country Club Board of Trustees or the Board of Zoning Appeals. However, other staff in the Department will also be prepared to enforce this Section. Anyone who wishes to report a billboard that may be in violation of this Section should do so to the Administrator.

Permit procedure. All billboards, except as otherwise provided in Subsection (E) of this Section, shall require a billboard permit prior to being constructed, reconstructed, moved, altered, placed, or repaired. Billboard permits shall be issued by the Administrator.

Permit application. All applications for billboard permits for the erection or relocation of a billboard shall be submitted to the Administrator and shall contain or have attached at a minimum the following information in either written or graphic form:

Application date.

Name, address, and telephone number of the billboard owner and, if different, the owner of the land on which the billboard will be erected.

Address of the property where the billboard or billboard structure will be erected.

Signature(s) of the billboard owner and, if different, the owner of the land on which the billboard will be displayed.

Location of the billboard on the property in relation to public rights-of-way, lot lines, buildings, sidewalks, streets, zoning districts, other existing billboards, and intersections.

General description of structural design and construction materials of the billboard.

Drawing(s) of the proposed billboard which shall contain specifications indicating height, perimeter, and area dimensions, means of support, methods of illumination if any, and any other significant aspect of the proposed billboard.

A boundary and sign survey showing the property and the proposed sign.

Certification(s) from licensed professional engineers that the soil surface is capable of sustaining the proposed load and that the electrical and structural strength of the proposed/actual sign is satisfactory.

Any other information requested by the Administrator in order to carry out the purpose and intent of these regulations.

Permit fees. Each application for a billboard permit shall be accompanied by the applicable fees, which shall be established by the governing body of the Village of Country Club from time to time.

Permit application completeness. Within five (5) working days of receiving an application for a billboard permit, the Administrator shall review it for completeness. If the Administrator finds that it is complete, the application shall then be processed. If the Administrator finds that it is incomplete, he or she shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable Subsections of this Section.

Permit issuance/denial action. All billboard permits shall be dated and numbered in the order of their issuance. Within ten (10) working days of the submission of a complete application for a billboard permit, the Administrator shall either:

Issue the billboard permit, if the billboard that is the subject of the application conforms in every respect to the requirement of this Section; or

Deny the billboard permit if the billboard that is the subject of the application fails in any way to conform to the requirements of this Section. In case of a rejection, the Administrator shall specify in the rejection the section or sections of the Section or applicable plan with which the billboard is inconsistent.

Inspection Upon Completion. Any person installing, structurally altering, or relocating a billboard for which a permit has been issued shall notify the Administrator upon completion of the work. The Administrator shall then conduct an inspection within seven (7) working days. If the construction is complete and in full compliance with this Section and with the building and electrical codes, the Administrator shall affix to the billboard a permanent symbol identifying the billboard and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this Section and applicable codes, the Administrator shall give the owner or applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Administrator shall affix to the billboard the permanent symbol described above.

Lapses of Billboard Permit. A billboard permit shall lapse if the billboard is an abandoned billboard, or if the permittee's business license lapses, is revoked, or is not renewed. A billboard permit shall lapse if the use of the billboard is discontinued for a period of one hundred eighty (180) days or more. A billboard that was constructed or maintained in conformance with a permit under this Section, but for which the permit has lapsed, shall be in violation of the Section.

Assignment of the billboard permit. A current and valid billboard permit shall be freely assignable to a successor, as owner of the property where the billboard is located or of the leasehold of the billboard, subject to filing such application as the Administrator may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

10.

Violations. The Administrator, upon finding that any provision of this Section or any condition of a permit issued under this Section is being violated, is authorized to institute legal proceedings to enjoin violations of this Section.

11.

Complaints and revocations. The Administrator shall investigate any complaints of violations of this Section and may revoke a permit if there is any violation of the provisions of this Section or there was misrepresentation of any material facts in either the application or plans.

12.

Appeal procedure. Any person applying for a billboard permit who is denied a permit or disagrees with any ruling by the Administrator may appeal to the Village of Country Club Board of Trustees. The Board of Trustees may review or overturn the ruling, but may not issue a billboard permit. The findings of the Board of Trustees are then remitted back to the Administrator.

13.

Permits for existing billboards. For any billboard in the Village of Country Club on the effective date of this Section, an application for a billboard permit must be submitted to the Administrator within one hundred eighty (180) days. For any billboard on property annexed at a later date, applications for billboard permits shall be submitted within six (6) months of the effective date of annexation or within such period as may be established on an annexation agreement between the Village of Country Club and the landowner. Applications for permits for existing billboards submitted within one hundred eighty (180) days of the effective date of this Section shall be exempt from the initial fees adopted under authority of this Section, but not from any subsequent fees.

14.

Business tax. All new and existing billboards subject to this Section shall be taxed at a rate to be established by the governing body of the Village of Country Club, not to exceed two percent (2%) of the gross annual revenue produced by the billboard.

15.

Expiration of Billboard Permits. If an approved billboard is not erected within a period of twelve (12) months from the date the permit was originally issued, the permit shall expire and become null and void.

16.

Fines. A person who violates the provisions of this Section or the conditions of a permit shall be guilty of a civil violation. Each day of the violation constitutes a separate offense subject to a fine of one hundred dollars ($100.00). Such persons shall also be liable for court costs and reasonable attorney fees incurred by the Village of Country Club.

17.

Illegal billboards. The Administrator may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a non-conforming billboard governed by Subsection (H) not in compliance with the provisions of this Section.

18.

Immediate peril. If the Administrator shall find any billboard which poses an immediate peril to persons or property, the billboard shall be removed. If the Administrator cannot locate the billboard owner or lessor for immediate removal of the billboard, he shall remove or order the removal of the billboard at the expense of the billboard owner or lessor.

Severability. If any section, subsection, sentence, clause, phrase or portion of this Section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Protection Of First Amendment Rights. Any billboard, display or device allowed under this Section may contain, in lieu of any other copy, any otherwise lawful, non-commercial message, including any political message, that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this Section.

Section 405.240 Sign Requirements - Exemptions.

[Ord. No. 336 Art. 16, 12-14-1999]

The following signs shall be exempt from the requirements of this Article, except for the provisions of Section 405.230 above.

Flags or emblems of a governmental, civic, philanthropic, educational or religious organization displayed on private property.

Signs of a duly constituted governmental body, including traffic or similar regulatory signs, legal notices, warnings at railroad crossings and other instructional or regulatory signs having to do with health, safety, parking, swimming, dumping, etc.

Memorial signs and tablets displayed on public or private property.

Small signs, not exceeding three (3) square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances and other similar signs.

Scoreboards in athletic stadiums.

Temporary signs for garage or porch sales at a residence for a period not to exceed five (5) days. No posting of garage sale signs shall be permitted on buildings, fences, poles or other property without the consent of the owner.

Name plate signs not exceeding two (2) square feet in gross area accessory to a single-family or two-family dwelling.

Bulletin board signs not exceeding one hundred (100) square feet in gross area accessory to a church, school or public or non-profit institution.

Real estate signs not exceeding six (6) square feet in area.

10.

Construction signs not exceeding eight (8) square feet in area.

Section 405.250 Sign Requirements - District Regulations.

[Ord. No. 336 Art. 16, 12-14-1999]

In Residential Zoning Districts.

Functional types permitted.

Business signs pertaining to a home occupation and subject to the sign requirements of the home occupation code; see Section 405.270.

Bulletin board signs.

Construction signs.

Identification signs.

Name plate signs.

Real estate signs.

Structural types permitted.

Ground signs.

Wall signs.

Number of signs permitted. Two (2) signs per zoning lot.

Maximum gross area.

Business signs — home occupations: One (1) square foot in area.

Bulletin board and identification signs: Fifty (50) square feet.

Construction signs: Twenty (20) square feet.

Name plate signs: Two (2) square feet.

Real estate signs: Signs not exceeding six (6) square feet, provided that one (1) sign not more than one hundred (100) square feet in area announcing the sale of lots and/or houses in a subdivision may be located on said development. Said sign shall be removed at the end of three (3) years or when seventy-five percent (75%) of the lots have been sold, whichever occurs sooner.

Maximum height. Fifteen (15) feet.

Required setback. No sign shall be placed closer to the front property line than one-half (½) the distance of the front yard.

Illumination. Bulletin board signs may be indirectly illuminated with incandescent or fluorescent lighting.

In Commercial "B" Zoning Districts.

Functional types permitted.

Advertising signs, provided however, the sign is located within one (1) foot of Interstate Thirty-Five (I-35) right-of-way or within one (1) foot of United States Highway Thirty-Six (U.S. 36) right-of-way.

Bulletin board signs.

Business signs.

Construction signs.

Identification signs.

Name plate signs.

Real estate signs.

Structural types permitted.

Awning, canopy or marquee signs.

Ground signs.

Pole signs.

Projecting signs.

Wall signs.

Roof signs.

Number of signs permitted.

Awning, canopy or marquee signs and wall signs: No limitation.

Ground signs and pole signs: Two (2) per zoning lot.

Projecting signs: One (1) per zoning lot.

Advertising signs: One (1) per zoning lot in the "B-2" and "I-1" districts; more in the "B-1" Districts.

Maximum gross surface area. Four (4) square feet for each lineal foot of street frontage, provided no single sign shall exceed a gross surface area of three hundred (300) square feet.

Maximum height. Forty (40) feet.

Required setback. None, except that advertising signs shall maintain the same setback that is required for principal structures.

Illumination. Illuminated signs shall be permitted.

Planned Industrial District.

Functional types permitted.

Advertising signs, provided however, the sign is located within one (1) foot of U.S. Highway Fifty-Nine (U.S. 59) or within one (1) foot of U.S. Highway Seventy-One (U.S. 71) right-of-way.

Bulletin board signs.

Construction signs.

Identification signs.

Name plate signs.

Real estate signs.

Structural types permitted.

Awning, canopy or marquee signs.

Ground signs.

Pole signs.

Projecting signs.

Wall signs.

Roof signs.

Number of signs permitted. Two (2) per zoning lot.

Maximum gross surface area. Four (4) square feet per lineal foot of street frontage, provided no single sign exceeds a gross surface area of seven hundred (700) square feet.

Maximum height.

Roof signs. Twenty (20) feet above the highest point of the structure on which the sign is located.

All other signs. Fifty (50) feet.

Required setback. None, except that advertising signs shall maintain the same setback as required for principal structures.

Illumination. Illuminated signs shall be permitted.

Billboard Signs.

All billboard signs in the corporate limits of Country Club Village shall be located within one (1) foot of U.S. Highway Fifty-Nine (U.S. 59) or within one (1) foot of U.S. Highway Seventy-One (U.S. 71) right-of-way.

There shall be a spacing of five hundred (500) feet between each billboard sign in commercial or industrial zones on U.S. 71 Highway. There shall be a spacing of five hundred (500) feet between each billboard sign in commercial or industrial zones on U.S. 59 Highway.

Illumination. Illuminated signs shall be permitted, but flashing signs shall be specifically prohibited.

Permitting. It is declared unlawful for any person to erect or maintain advertising signs, markings, guide boards or signals on or over the right-of-way on any State highway within the Village without first receiving written permission from the State of Missouri Highways and Transportation Department.

Business Fireworks District.

[Ord. No. 404 §2, Exh. B — I, 5-8-2007]

Functional types permitted.

Advertising signs.

Bulletin board signs.

Business signs.

Construction signs.

Monument signs.

Identification signs.

Nameplate.

Real estate signs.

Window signs.

Structural types permitted.

Awning, canopy or marquee signs.

Ground signs.

Pole signs.

Projecting signs.

Wall signs.

Roof signs.

Temporary signs.

Number of signs permitted: three (3) per zoning lot.

Maximum gross surface area: six (6) square feet per linear foot of street frontage, provided that no single sign exceeds a gross surface area of seven hundred fifty (750) square feet allowable due to direct visibility from Interstate I-29; provided, however, that the three (3) existing wall signs of approximately one thousand two hundred (1,200) six hundred (600) and six hundred (600) square feet on the building with a street address of 18580 Highway 71, St. Joseph, Missouri 64505 are permitted and do not count against this calculation nor the number of signs in Subsection (E)(3) above.

Maximum height.

Roof signs: twenty (20) feet above the highest point of the structure on which the sign is located plus one (1) inflatable advertising character, which shall not count against the number of signs in Subsection (E)(3) above, and will not exceed thirty (30) feet above the roof.

All other signs: fifty (50) feet.

Required setback: none, except that advertising signs shall maintain the same setback as required for principal structures.

Illumination. Illuminated signs shall be permitted.

Section 405.260 Off-Street Parking and Loading Requirements.

[Ord. No. 336 Art. 17, 12-14-1999]

Applicability. Off-street parking and loading space, as required in this Article, shall be provided for all new buildings or additions thereto. Off-street parking and loading space shall be required for any existing building or structure which is altered in any manner so as to enlarge or increase capacity by adding or creating dwelling units, guest rooms, floor area or seats. Minimum off-street parking spaces in accordance with the following requirements shall be set forth as follows:

Residential/dwelling/lodging.

Single- and two-family dwellings. Two (2) spaces per dwelling unit.

Multiple-family units. Two (2) spaces per dwelling unit.

Hotel, motel, boarding house. One (1) parking space for each two (2) persons regularly employed on the premises and one (1) parking space for each rental unit, plus one (1) parking space for each two hundred (200) square feet of floor area for any commercial uses contained within or operated in association with the hotel or motel.

Educational/institutional/recreational.

Church or similar place of worship. One (1) parking space for each four (4) seats in the main auditorium (each thirty (30) inches of pew or bench is considered one (1) seat).

Golf course. One (1) parking space per four (4) members.

Hospitals. One (1) parking space per two (2) beds, plus one (1) space per two (2) employees.

Libraries, museums. Ten (10) parking spaces, plus one (1) per three hundred (300) square feet over two thousand (2,000) square feet.

Nursing homes. One (1) parking space per four (4) beds, plus one (1) space per two (2) employees.

College or trade school. One (1) parking space per two (2) students.

Elementary and junior high. One (1) parking space for each staff member and person regularly employed on the premises, plus two (2) parking spaces for each classroom.

High school, college or technical school. One (1) parking space for each staff member and person regularly employed on the premises, plus five (5) parking spaces for each classroom.

Theater, auditorium, sports stadium. One (1) parking space for each five (5) seats or seating spaces available at maximum capacity (where bench space is used, each thirty (30) inches of bench space is considered one (1) seat).

Commercial/office/service. All commercial and service uses unless specifically indicated otherwise below: One (1) parking space per two hundred (200) square feet of floor area, plus one (1) parking space per one (1) employee on maximum working shift.

Auto sales or garage. One (1) parking space for each one thousand (1,000) square feet of floor area in building or one (1) parking space for each employee, plus four (4) parking spaces for each maintenance stall, which ever is greater.

Bank or savings and loan institution. One (1) parking space for each two hundred (200) square feet of floor area.

Beauty and barbershop. Three (3) parking spaces per chair.

Bowling alley. Five (5) parking spaces per each bowling lane.

Business, professional or public office building. Three (3) parking spaces for the first one thousand (1,000) square feet of floor area, plus one (1) parking space for each additional four hundred (400) square feet of floor area over one thousand (1,000) square feet.

Dance, assembly or exhibition hall without fixed seats. One (1) parking space per seventy-five (75) feet of floor area.

Furniture or appliances store. Four (4) parking spaces, plus one (1) parking spaces per three thousand (3,000) square feet over one thousand (1,000) square feet of floor space.

Grocer or convenience food store. Parking or storage space for all vehicles used directly in the conduct of the business and one (1) parking space for each two (2) employees, plus four (4) parking spaces for each one thousand (1,000) square feet of floor area.

Medical or dental office. Four (4) parking spaces, plus one (1) parking space per four hundred (400) square feet over one thousand (1,000) square feet.

Mortuary or funeral home. One (1) parking space per fifty (50) square feet of floor space in slumber rooms, parlors or funeral service rooms.

Restaurant, nightclub, tavern. One (1) parking space per fifty (50) square feet of floor area.

Theater, auditorium, sports stadium. One (1) parking space per four (4) seats.

Industrial. Any manufacturing, industrial, warehouse or similar establishment: One (1) parking space per each employee on the maximum working shift, plus parking space to accommodate visitors and vehicles used in connection therewith.

Computation For Off-Street Parking Spaces.

"Floor area" shall mean the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

The parking space requirement for a use not specifically mentioned in this Article shall be the same as required for a use of similar nature as determined by the Building/Zoning Officer.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Location Of Parking Spaces.

All parking spaces required in the Section shall be located on the same lot with the building or use served; except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed three hundred (300) square feet from an institutional building served and not to exceed five hundred (500) square feet from any other non-residential building served.

Up to fifty percent (50%) of the parking spaces required for:

Theaters, public auditoriums, bowling alleys, nightclubs or cafes and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by

Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in Subsection (a) above provided that written agreement thereto is properly executed and filed as specified below in this Section.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement, thereby assuring their retention for such purposes, shall be properly drawn by the parties concerned, approved as to form by the Village Attorney and shall be filed with the application of a building permit.

Off-street parking space may be located within the required front yard of a "B" or "R" District, but no off-street parking shall be permitted in the required front yard of any "R" District, except upon a driveway providing access to a garage, carport or parking area for a dwelling.

Parking spaces in all "B" and "I" Districts shall not be an obstruction, so that no vehicle need be moved to allow another vehicle to enter/exit the parking area.

Each entrance to and exit from the parking lot shall be at least twenty (20) feet distance from any adjacent property located in any residential district, except where ingress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.

The parking area shall be set back in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard of ten (10) feet.

Parking Area Design Standards.

In all but the "R-1a" and "R-1b" Districts, each parking space shall be clearly delineated by markings or wheel bumpers.

A required off-street parking space shall be at least eight (8) feet six (6) inches in width and at least eighteen (18) feet in length, exclusive of access drives or aisles, ramps and columns.

No parking shall be permitted within six (6) feet of an adjoining lot located in a residential district. However, surface requirements may be modified and amended upon individual application.

Parking lots containing twenty (20) or more spaces shall be landscaped in such a way to reduce heat and glare, to minimize blowing of dust and trash, to reduce the oppressive visual effects of large open parking spaces, and to preserve the streetscape.

Along the side and rear lot lines of any parking areas abutting a residential district, a buffer strip of at least ten (10) feet and screening of at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be provided.

Loading And Unloading Regulations. Loading and unloading space shall be provided off-street and on the same premises with every building, structure or part thereof hereafter erected, established or enlarged and occupied for goods display, retail operation, department store, market, hotel, mortuary, laundry, dry cleaning, office uses or warehouses, manufacturing or other uses involving the receipt or distribution of materials or merchandise by motor vehicles. The loading and unloading space or spaces shall be located so as to avoid undue interference with the public use of streets, alleys and walkways.

For all uses in the commercial or industrial districts, loading facilities shall be provided in accordance with the following Table:

	Gross Floor Area of Establishments in Thousands of Square Feet	Required Number and Size of Loading Berths
	1 — 10	1 — (10' x 25')
	10 — 40	1 — (10' x 70')
	40 — 100	2 — (10' x 70')

For each additional one hundred thousand (100,000) square feet of gross floor area or any fraction thereof over one hundred thousand (100,000) square feet of gross floor area, one (1) additional berth shall be provided. Each such additional berth shall be at least ten (10) feet in width by seventy (70) feet in length.

Section 405.270 Home Occupations.

[Ord. No. 336 Art. 19, 12-14-1999]

Intent. The intent of this Section is to establish reasonable development standards for the conduct of home occupations in residential areas; maintain peace, quiet and domestic tranquillity within residential neighborhoods; and guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.

Standards. All home occupations, whether authorized by an annual business license only or a special use permit, shall conform to the following standards:

Permitted home occupations shall not be conducted in any building on the premises other than the building which is used by the occupant as the private dwelling.

The area set aside for home occupations shall not exceed twenty percent (20%) of the total floor area of such residence.

Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

No interior or exterior business sign shall be permitted unless it is a name plate attached to the building of not more than one (1) square foot in area.

The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds or vibrations that carry beyond the premises.

There shall be no storage of equipment, vehicles or supplies associated with the home occupation outside the dwelling. Also, the home occupation shall not displace or impede the use of parking spaces required by the parking regulations for the residential district, including any business storage in garage parking areas.

The use of mechanical equipment other than is usual for purely domestic or hobby purposes is prohibited. Furthermore, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical disturbance to radio or television instruments.

Merchandise shall not be displayed or offered for sale either within or outside of the residence.

The operation of any wholesale or retail business, unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of merchandise on the premises, is prohibited.

10.

No home occupation shall cause an increase in the use of any one (1) or more public utilities (water, sewer, electricity, garbage collection) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

11.

The home occupation shall not involve the use or storage of tractor trailers, semi-trucks or heavy equipment such as construction equipment used in a business.

12.

No process shall be allowed that is hazardous to public health, safety, morals or welfare.

13.

The use shall not generate additional pedestrian or vehicular traffic or increase in parking demand.

14.

Garage sales are permitted provided the following standards are met:

Sales shall last no longer than three (3) days.

Sales are conducted on the owner's property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants.

No consignment goods may be offered for sale.

Directional signs may be placed on the street right-of-way.

All direction and advertising signs shall be freestanding and removed within twenty-four (24) hours after completion of the sale.

All directional and advertising signs placed on private property shall have the owner's permission.

No directional or advertising signs may be larger than two (2) feet by three (3) feet.

License Required. A business license for the following home occupations may be issued by the Village Clerk upon application to the Building Inspector and payment of a license fee as set out in Village business licensing ordinances. Said business license may be issued without special use permit, provided that the home occupation is conducted solely and singly by the applicant who shall reside on the premises, does not constitute a significant impact upon the neighborhood and conforms to the standards of this Section.

Artists, sculptors, authors and composers.

Home crafts for sale off-site.

Office facility of a salesman, sales representative or manufacturer's representative provided that no transactions are made in person on the premises.

Professional office facility of a real estate broker, engineer, insurance agency or similar occupation.

Family child care home, limited to no more than three (3) children under the age of sixteen (16) including children of the adult provider.

Dressmaking, sewing and tailoring.

Teaching/tutoring including music instruction, limited to not more than three (3) pupils at one time, provided however, that in the case of music instruction, no instrument may be amplified.

Preserving and home cooking for sale off-site.

Telephone solicitation work.

Uses Not Permitted. The following uses, by nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes and are more suited to business districts. Therefore, the uses specified below shall not be permitted as home occupations.

Minor or major auto repair, painting of vehicles, trailers or boats.

Funeral chapel or home.

Gift shops.

Photo studios.

Welding or machine shops.

Rental businesses.

Catering or restaurants.

Medical or dental clinic.

Stables, kennels or animal hospitals.

10.

Any light manufacturing or assembling operation.

11.

Plumbing and electrical appliance shops.

12.

Beauty shops or schools.

13.

Day care centers of more than three (3) and tutoring of more than three (3) at a time.

Country Club City Zoning Code

ARTICLE III

Section 405.210 Supplementary District Regulations.

Section 405.220 Sign Requirements - Intent - Definitions.

Section 405.230 Sign Requirements - General Standards.

Section 405.231 Billboards.

Section 405.240 Sign Requirements - Exemptions.

Section 405.250 Sign Requirements - District Regulations.

Section 405.260 Off-Street Parking and Loading Requirements.

Section 405.270 Home Occupations.