Kearney City Zoning Code
ARTICLE XXVII
Sign Regulations
Section 405.780 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Public Safety. The purpose of this Article is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building in order to protect pedestrians and motorists from damage or injury caused by improperly situated signs, promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the City of Kearney.
B.
Appearance. The purpose of the Article is also intended to create a more attractive economic and business climate within the office, commercial and manufacturing areas of the community by enhancing and protecting the physical appearance of the community and preserve and promote the natural beauty of the City of Kearney.
C.
It is the intent of the City of Kearney not to unduly restrict outdoor advertising signs. However, placement and construction of outdoor advertising signs should do the following:
1.
Be compatible with surrounding land uses;
2.
Preserve property values of surrounding properties;
3.
Should protect existing businesses which are adequately identified and advertised from a proliferation of signs which reduce the effectiveness of individual signs;
4.
Should not distract adjoining residences;
5.
Should not distract nor reduce sight distance for vehicular traffic.
Section 405.785 Scope.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The regulations of this Article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City of Kearney not located within a building. Any sign not expressly permitted by these regulations shall be prohibited. The regulations of this Article related to the location of signs, by function and type, within zoning districts shall be in addition to the building codes regulating the proper installation of signs.
Section 405.790 Severability.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
If any provision of this Article is held to be invalid or inapplicable to any sign or signs, it is intended that the invalid part or parts be severed from the remaining provisions in order to continue in force and in effect as many provisions of this Article as possible. It is specifically intended that should severance occur, if necessary, that will allow the application of restrictions on the height, size, type, number and location of signs.
Section 405.795 Definitions.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section.
ABANDONED SIGN
A sign structure and its supporting members that has ceased to be used for a period of six (6) months for the display of sign copy advertising a current activity or business.
BILLBOARD
An off-premises sign, including both the supporting structural framework and attached sign faces, used principally for advertising a business activity, use, product or service unrelated to the primary use or activity of the property on which the sign is located; excluding off-premises directional or temporary real estate signs.
BUILDING CODE
The Building Code currently adopted by the City, including all applicable volumes and standards.
CHANGEABLE MESSAGE
Any combination of static images, text, pictures, and/or messages displayed on a changeable message sign face.
[Ord. No. 1317-2016 § 1, 12-5-2016]
CHANGEABLE MESSAGE DURATION
The duration that a changeable message remains static.
[Ord. No. 1317-2016 § 1, 12-5-2016]
CHANGEABLE MESSAGE SIGN FACE
A sign face installed on an off-premise outdoor advertising sign that can change messages by electronic or mechanical means.
[Ord. No. 1317-2016 § 1, 12-5-2016]
CHANGEABLE MESSAGE TRANSITION METHOD
The means by which a changeable message transitions from one (1) message to the next.
[Ord. No. 1317-2016 § 1, 12-5-2016]
DIRECTIONAL SIGN
Any on-premises sign that is designed and erected solely for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic within the site limited to four (4) square feet in size and, at entrance/exit drives, limited to one (1) directional sign located at entrance/exit drives.
DIRECTOR OF COMMUNITY DEVELOPMENT
The officer or other person charged with the administration and enforcement of this Article or his/her duly authorized representative.
DISPLAY SURFACE
The area made available by the sign structure for the purpose of displaying the advertising message.
DOUBLE-FACED SIGN
A sign constructed to display its message on the outer surface of two (2) identical and opposite parallel planes.
ELECTRICAL CODE
The Electrical Code currently adopted by the City, including all applicable volumes and standards.
ELECTRIC SIGN
Any sign containing or using electrical wiring.
FOOT CANDLE
The English unit of measurement for illuminance, which is equal to one (1) lumen, incident upon an area of one (1) foot.
[Ord. No. 1317-2016 § 1, 12-5-2016]
GROUND OR MONUMENT SIGN
A sign placed at or near ground level not exceeding six (6) feet in height and generally having no clearance under it.
HOLIDAY DECORATION SIGN
Temporary signs, in the nature of decorations, clearly incidental to, and customarily and commonly associated with, any national, local or religious holiday.
ILLUMINANCE
The photometric quantity most closely associated with the perception of brightness. Illuminance is measured in foot candles.
[Ord. No. 1317-2016 § 1, 12-5-2016]
ILLUMINATED SIGN
Any sign which is illuminated by an external or internal light source which is visible.
OFF-SITE SIGN
Any sign which is not located on the same property or lot as the use, object, project, place, activity, service or person to which it refers.
PERMANENT SIGN
A sign that is permanently affixed to a building surface, roof, ground, parapet or overhang.
POLE SIGN
Any sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six (6) feet or more above grade.
POLITICAL SIGN
Any sign of any kind solely promoting, supporting or opposing any candidate, office, issue or proposition to be voted upon at any public election or other political issue not voted upon.
PORTABLE SIGN
A temporary sign that is not permanently affixed to one (1) location and has the capability of being moved from one site to the next.
PROJECTING
The distance by which a sign extends beyond the building line.
SIGN
Any object, device, display or structure or part thereof, situated outdoors, which is used to advertise, identify, display, direct, attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
SIGN AREA
The area of the smallest rectangle which completely encloses the display surface of the sign, including any framing, trim or molding.
SIGN STRUCTURE
Any structure which supports or is capable of supporting any sign as defined in this Article.
STATIC
A complete changeable message that has no motion flashing, animation, or video, or any simulation of the foregoing.
[Ord. No. 1317-2016 § 1, 12-5-2016]
STRUCTURE
That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.
TEMPORARY OR BANNER SIGN
A promotional sale sign, event sign, fund-raising sign or similar signs displayed no more than thirty (30) days. Temporary signs include, but are not limited to, banners constructed of vinyl or fabric, sandwich signs, fabric attached to or advertising messages painted on wood and portable signs.
WALL SIGN
Any sign attached, erected, painted or projected against the wall of a building or structure including marquees.
Section 405.800 Permits.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Permit Required. No sign shall hereafter be erected without obtaining a required sign permit. Applications for sign permits shall provide the information necessary for a proper determination that the proposed sign conforms to the requirements established in this Unified Development Code.
B.
Planning And Zoning Commission Review. New or expanded permanent signs and replacement/reface of existing pole signs require a site plan review by the Planning and Zoning Commission prior to submittal of a sign permit application.
C.
Permit Application And Site Plan Requirements. The following information shall accompany a sign permit and concept plans (see Section 405.135) and site plans (see Section 405.140).
1.
Plans and specifications showing the location on the lot or building face, support of sign and type of illumination.
2.
A scale drawing showing sign faces, exposed surfaces and the proposed message and design accurately represented as to size, area, proportion and color.
3.
A calculation of the total amount of sign area presently existing on the property.
4.
The applicant's attestation that the sum of the areas of the requested sign or signs and the existing sign does not exceed the maximum allowed by the provisions of this Article.
5.
Other information as deemed necessary by the Planning and Zoning Commission or Board of Aldermen.
D.
Permit Expiration. If a sign for which a permit is granted is not erected within ninety (90) days from the date of issuance of said permit, said permit, unless renewed by resubmittal of a sign permit application, shall be deemed void.
E.
Permit Fees. A sign permit fee shall be paid in an amount as established by the Board of Aldermen.
F.
Signs Not Requiring Permits. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made, shall not require a permit, nor shall the following signs require a sign permit:
1.
Any sign placed or painted on the inside of a building or outside of any vehicle.
2.
Nameplates attached directly to the wall of a building or structure.
3.
Municipal signs, legal notices, trespassing signs or signs to aid safety.
4.
Information or direction signs containing no advertising copy.
5.
Real estate signs advertising the sale, rental or lease of the premises.
6.
Tablets constructed of bronze, brass, stone or other incombustible materials, when built or attached to the walls of a building; provided that such tablet bears only the name of the owner, the name or use of the building or reading material commemorating a person or event.
7.
Signs announcing the name of the architect, engineer or contractors of a building under construction, alteration or repair and signs announcing the character of the building enterprise or the purpose for which the building is intended.
8.
Signs to advertise public or civic welfare or charitable enterprises placed on posts, poles or buildings limited to thirty (30) square feet. Such signs shall be removed within five (5) days following the event.
9.
All political signs. Such signs shall be removed within five (5) days following the event.
10.
Holiday decoration signs, garage sale, yard sale, residential moving sales, auctions, direction signs for parties, reunions or weddings limited to four (4) square feet. Such signs shall be removed within five (5) days following the event.
11.
These exceptions shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance and its compliance with the provisions of this Article or any other law or ordinance regulating the same. All such signs shall be placed on private property and behind the existing or proposed right-of-way.
Section 405.805 Maintenance.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The owner of any property on which any sign is placed and the person maintaining the sign shall be responsible, individually and jointly, for the condition of the area in the vicinity of the sign and shall be required to keep it clean, sanitary and free from noxious or offensive substance.
B.
If any sign is or becomes insecure or in danger of falling or otherwise unsafe, the Director of Community Development or his/her authorized representative shall notify the person or persons maintaining the same to make the sign safe and secure or to remove same. In the event that the sign is not made secure or removed, the City may remove same at the cost of the one obtaining the permit. The standard shall be the current edition of the Uniform Sign Code.
C.
Abandoned signs shall be torn down within thirty (30) days of written notice by the City.
Section 405.810 Prohibited Signs and Locations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Signs installed without a sign permit, unless classified as a sign not requiring permit.
B.
Signs erected or maintained without the consent of the owner of the real property or the person or entity in legal possession of the real property.
C.
Rotating, Animated, Moving Or Flashing Signs. This provision does not prohibit the static display of an electronic reader board or LED sign that may change to the next message at no faster than two (2) second intervals.
D.
No private sign or its supporting structure shall interfere with the lines of vision between a motorist and any official traffic sign or signal or other vehicles approaching any street intersection. The determination as to such sign interference with traffic safety shall rest with the City.
E.
No private sign shall display flashing intermittent lights resembling those customarily used by emergency vehicles or traffic signals and shall use no dominating or emphasizing word that might be misconstrued to be a public safety warning, traffic sign or signal.
F.
No sign of any type used for advertising purpose shall be located between any side of a building and any interior property line which is adjacent to any residential zoning district.
G.
It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.
H.
No sign of any type shall be located within the City, State or Federal right-of-way or shall be attached to utility poles or other appurtenances which exist within easements or City, State or Federal right-of-way.
Section 405.815 General Standards.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Materials. Except for flags, and in certain cases temporary signs, all signs shall be constructed of permanent materials, permanently attached to the ground, a building or another structure. Specifically, signs may be constructed from wood, plastic, metal and/or masonry materials or materials permitted after review by the Planning and Zoning Commission and/or Board of Aldermen.
B.
Design Guidelines.
1.
Compatibility of sign design. Monument signs should be designed to be consistent with the architectural style of the main building or buildings upon the site. This includes incorporating construction materials or color.
2.
Continuity of sign design. Multiple signs located within a single development or complex should have a common design established through the use of similar sign colors and materials, sign supports, method of illumination, sign cabinet or other configuration of sign area, shape of sign and components and letter style and size.
C.
Illumination.
1.
Location and design of light source. Whenever an external artificial light source is used for a sign, such source shall be located, shielded and directed so as not to be directly visible from any public street or private residence.
2.
Direct glare. All artificial illumination shall be designed, located, shielded and directed as to prevent the casting of glare or direct light upon adjacent property or streets.
D.
Electrical Elements. All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the officially adopted building code.
E.
Structural Elements. The construction and structural components of all signs shall be in accordance with the standards and regulations of the officially adopted building code.
F.
Sign Area Calculation.
1.
Sign area for signs contained entirely within a cabinet or mounted on a wall or monument shall be calculated by measuring the entire area of the cabinet.
2.
Sign area for letters or symbols painted or mounted directly on walls or monument signs or on the sloping portion of a roof shall be calculated by measuring the smallest single rectangle which will enclose the combined letters and symbols.
3.
Only one (1) side of any double-faced sign shall be counted in calculating maximum sign area.
G.
Signs On Lots With Multiple Users. Where more than one (1) user occupies a lot or tract, the owner of the lot or tract shall be responsible for allocating permitted signage among such users.
H.
Traffic Safety.
1.
Confusion with traffic signals. No sign shall be maintained at any location where by reason of its position, size, shape, content, color or illumination it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, sign or device or where it may interfere with, mislead or confuse traffic.
2.
Obstruction of sight triangle. No sign, nor any part of sign, shall interfere with the vision triangle. (See Section 405.685, Vision Triangle)
I.
Signs In Rights-Of-Way. Except as provided in this paragraph, no sign except governmental signs authorized in this Section shall be placed in or extend into or over any public property or right-of-way.
Section 405.820 Political Signs.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Political Signs On Public Property Or Right-Of-Way. No political sign shall be placed in or on any public property or within the right-of-way.
B.
Political Signs In Residential Areas. Political signs located in any area zoned for and predominantly developed for residential use shall not exceed two (2) feet by (2) feet on each side.
C.
Political Signs In Other Areas. Political signs located in any area zoned for use other than residential or in any area not then predominantly developed for residential use may be thirty-two (32) square feet, other than on a billboard.
D.
Exceptions. The provisions of this Section shall not apply to billboards, notices posted by order of any court or notices to the public required by law to be posted in public places.
E.
Sign Removal. Political signs affiliated with an election or event shall be removed within five (5) days following the event.
F.
Fee Not Required. Sign permit fee is not required for political signs.
Section 405.825 Temporary or Banner Signs.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
For each business or property there shall be permitted, upon approval of a sign permit application, the display of one (1) temporary or banner sign for a period of time between one (1) and thirty (30) days as requested by the applicant on the sign permit application.
B.
No permit for additional temporary or banner signs shall be issued within a number of days matching the same length of time of posting allowed under the previous permit for temporary sign or banner. No temporary sign shall exceed fifty (50) square feet in area. All signs shall be placed on private property at least five (5) feet behind the existing or proposed right-of-way and outside the sight distance triangle along any street or driveway intersection.
C.
Temporary signs shall meet all other requirements of this Article and may be issued by the Director of Community Department without Planning and Zoning Commission approval.
Section 405.830 Non-Conforming Signs.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Retention Of Non-Conforming Signs. A non-conforming sign may continue except as otherwise provided in or authorized by this Section or unless such sign becomes an abandoned sign.
B.
Alterations. A non-conforming sign may not be enlarged in any way to include larger supporting structures, sign face area or height. A change in the information on the face is allowed if the change does not increase the area of the sign face.
C.
Replacement. Non-conforming signs shall only be replaced with conforming signs or a sign that is more conforming.
Section 405.835 Billboards.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Conditional Use.
1.
A billboard may be permitted as a conditional use in areas zoned for a "C" General Commercial District or "M" Industrial District under the following criteria:
a.
The lot has a minimum frontage of two hundred (200) feet bordering a public right-of-way on I-35.
b.
The proposed sign structure would be located at least one thousand four hundred (1,400) feet in any direction from an existing off-site, billboard sign.
2.
Required findings for conditional use.
a.
Billboards or off-site signs shall be in harmony with the general character of the building and shall relate to other on-premises signs in terms of location, scale and color.
b.
Billboards or off-site signs shall not dominate a particular site or result in an over concentration of advertising devices.
c.
Billboards or off-site signs shall be placed with due regard for the property rights of adjacent landowners and shall be erected, to the greatest degree possible, away from property lines.
d.
Billboards or off-site signs shall not obscure, conflict or project over another sign.
B.
Siting Criteria For All Billboards.
1.
The billboard must not be larger than three hundred (300) square feet on a single sign surface.
2.
The sign shall have a maximum of two (2) faces.
3.
The total billboard height shall be limited to forty (40) feet.
4.
All lighting shall be constant in color and intensity. No part of the sign device shall be animated, move, flash or produce noise.
[Ord. No. 1317-2016 § 2, 12-5-2016]
5.
All billboards shall be a unipole (single supporting member), metal construction.
6.
Billboards shall be erected two hundred (200) feet or more from any residence located in a residential zone.
7.
The supporting pole for the sign shall not be located closer than thirty (30) feet to any principal structure and no part of the structure shall project over an accessory use or another sign.
8.
No part of the billboard shall project over a right-of-way, either public or private, and no part of the structure shall be located closer than forty (40) feet to the intersection of two (2) or more public streets.
9.
All applicants must possess a valid permit from the State of Missouri prior to erecting a billboard.
C.
Standards For Changeable Message Billboards.
[Ord. No. 1317-2016 § 3, 12-5-2016]
1.
Converting an existing billboard to a changeable message billboard may be allowed through approval of a conditional use permit.
2.
Location and spacing. No changeable message billboard shall be erected, located or placed within one thousand four hundred (1,400) feet of another changeable message billboard on the same side of the highway. This distance shall be measured along the nearest edge of the pavement along the same side of the highway. This shall not prohibit a structure with back-to-back changeable message faces.
[Ord. No. 1360-2018, 2-20-2018]
3.
Duration of message. Each message shall have a minimum duration of at least ten (10) seconds and shall be a static display. No portion of the image may flash, scroll, twirl, change color, or in any manner imitate movement.
4.
Transition of message. Where the billboard image or any portion thereof changes, the change sequence shall only be accomplished by means of instantaneous re-pixelation or change of the entire image without animation or movement. This time to completely change from one (1) message to the next is a maximum of two (2) seconds.
5.
Video display prohibited. No image or message shall appear to move or be animated.
6.
Brightness and illumination. A changeable message billboard face shall be equipped with a light sensor that automatically adjusts the illuminance of the changeable message sign face as ambient lighting changes. In no event shall a changeable message sign face increase nighttime ambient illumination by more than three tenths (0.3) footcandles when measured perpendicular to the changeable message sign face at a distance based on the changeable message sign face size in accordance with the following formula:
Changeable Message Sign Face Size in Square Feet | Measurement Distance in Feet |
|---|---|
0 to 100 | 100 |
101 to 350 | 150 |
651 to 1,000 | 250 |
7.
Use of changeable message billboards by City. The City shall have the use of the any changeable message billboard on a space available basis.
Section 405.840 Signs Permitted in Residential Zoning Districts.
Editor’s Note — Table 19 Residential Zoning District Signage is included as an attachment to this chapter.
Section 405.845 Signs Permitted in "C-O", "C-1", "C" Commercial and "M" Industrial Zoning Districts.
Editor’s Note — Table 20 Signs Permitted in "C-O", "C-1", "C" Commercial and "M" Industrial Zoning Districts is included as an attachment to this chapter.
Section 405.850 Signs Permitted in "CBD" Downtown Business Overlay District.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The Downtown Business Overlay District is the historic downtown district and is oriented toward pedestrian traffic. Individual uses do not usually provide off-street parking and the buildings generally have no front or side yards. Signs should be designed and located to communicate with pedestrians at the street level. Signs should provide clear and understandable identification for buildings, businesses and parking. Signs should be carefully designed and located so as to respect the visual integrity of historic architecture including building scale, proportions, surface texture and decorative ornamentation. Because of the unique character and historic nature of this zoning district, all signage will be subject to review and approval by the Planning and Zoning Commission.