De Soto City Zoning Code
ARTICLE V
Sign Regulations
Section 405.230 Permit.
[CC 1988 §29-77; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3689 §1, 6-19-2006; Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
A building permit must be approved by the City prior to construction, reconstruction, movement, alteration, placement or repair of any permanent sign except for signs painted on the surface of a wall or fence; signs erected by a jurisdiction for street direction; or signs designating the location of a transit line, a railroad station or other public carrier when not more than three (3) square feet in area.
Section 405.240 Required Setback.
[CC 1988 §29-78; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
Signs and structures, where permitted, shall be set back from the established right-of-way line of any street at least as far as the required front yard depth for a principal building in the zoning district where located and may be attached flat against the building in any case.
Section 405.245 City Community Message Board for Events.
[Ord. No. 3979 §2, 6-17-2013; Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
A.
Civic organizations, religious entities and educational institutions shall have the opportunity to post events and notices that are of interest to the residents and visitors to the City of De Soto. Application for messages to be placed on the message board can be made at City Hall during normal business hours. Upon approval, messages will appear on the board one (1) week prior to the event. An administrative fee of five dollars ($5.00) will be collected at the time of application.
B.
Business advertisement is prohibited to appear on the message boards.
C.
This same process shall be undertaken for the posting of signs on the community message boards located at various locations throughout the City. The sign size shall be the same as applied to temporary signs as defined above
Section 405.250 Suspended Signs.
[CC 1988 §29-79; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
Suspended or hanging signs shall maintain a minimum clearance of eight (8) feet from the bottom of the sidewalk or ground surface.
Section 405.255 Banners
[Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
Banners are prohibited on all City rights-of-way as well as public property. The City Council may, at its discretion, grant a variance upon appropriate application.
Section 405.260 Maintenance.
[CC 1988 §29-80; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3689 §1, 6-19-2006; Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
All allowable signs shall be in good repair, shall be free of unsightly or hazardous conditions and shall be firmly anchored. All signs showing excessive weathering or fading, broken or missing letters, materials, bulks, supporting elements or attachments shall be repaired to good condition or shall be removed within thirty (30) days after receiving proper notice for permanent signs. Temporary signs shall be repaired to good condition or shall be removed within ten (10) days after receiving proper notice.
Section 405.270 Nonconforming Signs.
[CC 1988 §29-81; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
A non-conforming sign damaged fifty percent (50%) or more of its replacement value must conform to the current sign regulations. A non-conforming sign damaged less than fifty percent (50%) of its replacement value may be repaired and continue as a non-conforming sign.
Section 405.280 (Reserved) [1]
[1]
Editor's Note—Ord. No. 3689 §1, adopted June 19, 2006, repealed Section 405.280, Real Estate Signs, in its entirety. Former Section 405.280 derived from CC 1988 §29-82; Ord. No. 2788 §4, 10-21-1985. At the editor's discretion, this Section has been reserved for the City's future use.
Section 405.290 Temporary Signs.
[Amended Ord. No. 4013 § 2, 4-21-2014; Ord. No. 4035 §2 4-20-2015]
A.
The following signs are temporary signs:
1.
Directional signs. Directional signs shall be permitted so long as they are permanent in nature and are in compliance with size restrictions set forth within this Article.
2.
Bandit signs. Bandit Signs are prohibited.
3.
Snipe signs. Snipe signs are prohibited.
5.
Real estate signs. Real estate signs are permitted only on the property intended for rent, lease or sale. One (1) sign per street frontage is allowed, with the signs being no larger than eighteen (18) inches by twenty-four (24) inches on both sides. Signs may not be placed any sooner than thirty (30) days from the time said property is ready for rent, lease or sale and must be removed with ten (10) days of rental, lease or closing. At no time shall the real estate sign obstruct a public sidewalk.
6.
Main Street business easels. Business easels or sandwich signs shall be no larger than thirty-two (32) inches by forty-eight (48) inches being constructed of wood, metal, or plastic. Dry-erase and chalk fronts are permitted as long as they are attached to an approved method of construction. Easels or sandwich signs shall display only information pertinent to a given business on a given day. Signs must be stored inside the business each day at the close of business. At no time shall an easel or sandwich sign obstruct a public sidewalk.
7.
Political signs.
a.
Political signs are prohibited from placement on City rights-of-way and where applicable on state rights-of-way.
b.
Political signs shall be placed on private property only.
c.
In a residential district political signs shall not exceed eighteen (18) inches by twenty-four (24) inches per sign on each side, and the exposed political sign face shall not exceed an aggregate gross surface area of sixty-four (64) square feet in any one (1) lot.
d.
Political signs located in an area zoned for commercial or industrial use shall not exceed thirty-two (32) square feet in total and shall not have any side greater than eight (8) linear feet. In commercial and industrial zoned areas, the exposed political sign face shall not exceed an aggregate gross surface area of five hundred twelve (512) square feet per lot.
e.
Political signs may be placed no sooner than thirty (30) days prior to the election and shall be removed within ten (10) days after the election. At no time shall the political sign obstruct the vision of pedestrians or vehicles.
B.
Exception(s). Temporary signs as defined above will be allowed in the following criteria and time frame:
1.
Civic organizations, not-for-profit groups, religious and educational entities will be permitted to place temporary signs based on the following criteria:
a.
Non-recurring events will be allowed the placement of five (5) temporary signs with erection permitted fifteen (15) days prior to the event. The signs must be removed no later than three (3) days following the event. Placement of signs is permitted in areas consistent with this Article.
b.
Recurring events will be allowed the placement of five (5) temporary signs with erection permitted one (1) day prior to the event. The signs must be removed no later than three (3) days following the event. Placement of signs is permitted in areas consistent with this Article.
2.
Signs advertising work being done at a given property are allowed during the time the work is being done but must be removed within thirty (30) days from the completion of the work. (e.g. Joe's Roofing may put a Joe's Roofing sign on the property within the parameters defined above, with the sign being removed within thirty (30) days from the completion of the roofing job).
3.
Event signs are allowed on the property of the location of the event, on the day of the event and must be removed at the conclusion of the event.
C.
Signs Prohibited. All signs are prohibited within City and State rights-of-way without exception.
Section 405.295 Off-Premises Signs and Billboards On Primary Highways.
A. OFF-PREMISES SIGNS AND BILLBOARDS ADDITIONAL DEFINITIONS
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
All signs and billboards within the City which are subject to the regulations set forth in Sections 226.500 to 226.600, RSMo., 1994.
The definitions of words and phrases contained in Section 226.510, RSMo., 1994 are hereby adopted and incorporated by reference and shall apply whenever such word or phrase is used in this Section.
B.
Notwithstanding the provisions of any other Section of this Chapter to the contrary, the provisions of this Section shall apply to all off-premises signs and billboards on primary highways. All provisions of other Sections of this Chapter which are not inconsistent with this Section or with the Act or HB #831 shall remain in full force and effect with respect to off-premises signs and billboards on primary highways. To the extent any other Sections of this Chapter may be inconsistent with this Section as applied to off-premises signs and billboards on primary highways, the provisions of this Section shall apply.
C.
The following regulations shall apply to off-premises signs and billboards on primary highways:
1.
Lighting.
a.
No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. No flashing, intermittent, or moving light or lights will be permitted except scoreboards and other illuminated signs designating public service information, such as time, date, or temperature, or similar information, will be allowed.
b.
External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or Federal-aid primary highway and the lights are not of such intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.
c.
No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.
d.
The maximum average lighting intensity level for such sign shall be twenty (20) foot-candles.
2.
Size of signs.
a.
The maximum area for any one (1) sign shall be one thousand two hundred (1,200) square feet with a maximum height of thirty (30) feet and a maximum length of sixty (60) feet, inclusive of board and trim but excluding the base or apron, supports, and other structural members.
b.
The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back to back, double-faced, or in V-type construction with not more than two (2) displays to each facing, but sign structure shall be considered as one (1) sign.
3.
Spacing of signs.
a.
Non-freeway Federal-aid primary highways. No structure shall be erected within five hundred (500) feet of an existing sign.
b.
The spacing between structure provisions of this Section do not apply to signs which are separated by buildings, natural surroundings, or other obstructions in such a manner that only one (1) sign facing located within such distance is visible at any one time. Directional or other official signs or those advertising activities on the property on which they are located, including products sold, shall not be counted, nor shall measurements be made from them for the purpose of compliance with spacing provisions.
c.
No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
d.
The measurement in this Section shall be minimum distances between outdoor advertising sign structures measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to outdoor advertising sign structures located on the same side of the highway involved.
4.
Setbacks, safety clearances and height. In order to provide a safety zone to prevent injury to persons or damage to property from collapse of signs caused by acts of God or other causes, each sign shall have a minimum setback of at least ninety (90) feet:
a.
From its nearest edge to the right-of-way of any primary highway; and
b.
From all property lines and from all roofed structures, overhead electrical lines and public rights-of-way, from all points of the sign.
In order to further provide a safety zone to prevent injury or property damage from collapse of billboards caused by acts of God or other causes, each off-premises billboard shall have a maximum height, measured from the ground to the highest point of such off-premises billboard, of thirty-five (35) feet. In addition, the applicant for permit shall present documentation to the reasonable satisfaction of the Building Inspector that the applicant has secured the legally enforceable right to prevent the erection of structures within the setback zones. No City building permit shall be issued for construction of any building or structure within the setback zone for any sign. |
5.
Setbacks from residential areas. No sign shall be located within five hundred (500) feet of land zoned for residential or agricultural purposes.
6.
Lighting and fencing. Before a permit is issued, the applicant shall receive approval for a plan for lighting and fencing around the sign to ensure that the structure will be safe and secure from vandals if deemed necessary and appropriate. Such plans shall be reviewed and approved by the Building Inspector.
7.
Nuisances. Any sign which, because of a lack of maintenance, upkeep, vandalism, accumulations of litter, refuse or debris, or the deterioration of lighting or fencing, become unsightly or unsafe is hereby declared to be a nuisance and shall be subject to abatement by the City in the same manner as all other nuisances on private property.
8.
Permits.
a.
The City shall not issue a permit for any new sign without a permit having first been issued by the Missouri Department of Transportation.
b.
The City shall charge a permit fee of five hundred dollars ($500.00) for the initial inspection of the sign but shall not charge any subsequent permit or inspection fee for such sign. This provision shall not prohibit the City from imposing a business license tax on such sign.
c.
Before a permit is issued, the applicant shall submit the following certifications from the appropriate licensed professional:
(1)
Certification from a licensed soils engineer that the soil and subsoil is capable of accepting the projected loads;
(2)
Certification from the licensed electrical engineer as to the electrical portion of the sign;
(3)
Certification from a licensed structural engineer as to the structural strength of the sign; and
(4)
A certified outboundary survey from a licensed surveyor of the site and its setback and clearance zone.
d.
Before a permit is issued the applicant shall submit a sign survey to indicate the relative vertical and horizontal distances between the proposed sign and all other signs within five hundred (500) feet.
10.
Owners of all signs regulated by this Section shall be required to submit annually an inspection report from a licensed structural engineer as to the structural integrity of the sign. Such certification shall be supplied to the City on or before June first (1st) of each year that such certification is required. Failure to submit such certification shall result in the immediate revocation of the permit for the sign.
11.
The provisions of this Section apply to the erection, alteration, construction, reconstruction and maintenance of all signs in areas zoned either "C-1", "C-2", "C-3", "M-1" or "M-2" within the City.
Section 405.300 Illumination.
[CC 1988 §29-83; Ord. No. 2788 §4, 10-21-1985]
When any sign is illuminated, the light or lights shall be shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property located in any residential district.
Section 405.310 In Any Residential District.
[CC 1988 §29-84; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3689 §1, 6-19-2006]
A.
Any permanent sign accessory to a dwelling, a home occupation or a professional office in a residence shall not exceed one (1) square foot in area, shall be attached flat against the building concerned and shall not be illuminated.
B.
Any temporary sign may be set back from the right-of-way line of any street in minimum of one-half (½) the depth of the required front yard of the lot which it is maintained.
C.
A church, educational institution or any public or institutional building may have for its own use a bulletin board not over twenty (20) square feet in area which, if not attached flat against the building, shall be at least one-half (½) the distance of the required front yard in the district in which it is located.
Section 405.320 In All Other Districts.
[CC 1988 §29-85; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3689 §1, 6-19-2006]
A.
There may be a temporary sign or billboard provided:
1.
Exterior signs shall not exceed a total of two hundred (200) square feet in area or ten percent (10%) of the total wall area of the building facing the public street, whichever is less.
2.
Signs, where permitted and there is no front yard, shall be integral with or attached to the principal building and shall not project more than six (6) feet from the front thereof and shall not extend beyond the street curb nor more than three (3) feet above the parapet wall or roof line.
3.
For any motor vehicle service station, motor vehicle sales establishment, motel, restaurant, financial institution or planned shopping center, in all zoning districts where these uses are permitted, there shall be one (1) exterior business sign displaying the identifying name and/or symbol of such business or planned shopping center. In addition, in the planned shopping center such sign may contain the identifying name and/or symbol of all establishments contained therein. Such signs shall be supported on a freestanding structure located in front of such use and shall meet the setback requirements of the district and shall not be located within twenty-five (25) feet of the side lot line of an adjoining lot in any residential district. Such free-standing sign shall be not less than seven (7) nor more than thirty (30) feet in height and shall not exceed twenty (20) feet in width.
4.
In case of a use involving no building or structure, signs shall be set back from the right-of-way line of any street at least one-half (½) as far as the required front yard depth for a principal building in the districts where located and shall not be located closer than twenty-five (25) feet to the side of an adjacent lot in any residential district.
Section 405.325 Violation.
[Ord. No. 3970 §2, 3-18-2013; Ord. No. 4013 §2, 4-21-2014; Ord. No. 4035 §2, 4-20-2015]
The remedies set forth in this Article shall apply to the owner or owners or the lessees or agents of such owner of real property where such violation shall be found, within Municipal Court for violation of this Article. Any property owner or owners, or the lessees or agents of such owner allowing, permitting or authorizing such violation shall be guilty of a misdemeanor and may be punished as provided in Section 100.090 of this Code. Each day of violation shall be deemed a separate offense.