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Kirksville City Zoning Code

ARTICLE XII

SIGNS

Sec. 44-621.- Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means any sign, or portion thereof, that does not represent any business in whole or in part.

Attention attracting device means any flasher or blinker, with a strobe-like effect or other object designed or intended to attract the attention of the public to an establishment, which because it is flashing could create a safety hazard.

Awning. See Canopy.

Banner means a strip of cloth or other synthetic material that displays or projects a message for an event or product. Banners are normally meant to be used for intermediate events, or advertisement needs.

Billboard or poster panel signs means a freestanding sign structure especially built for the display of characters, letters, or illustrations produced on paper sheets, vinyl, or painting applied directly to the surface or sign structure advertising a product or service not located on

the same lot. The term "billboard" does not include real estate, subdivision, or downtown sandwich type signs.

Building code means the current building code adopted by the city.

Canopy means a roof-like cover, constructed of various materials which projects from the front or surface of a building covering a door, entrance, or window. An awning may or may not have a message or signage on it. If an awning carries an advertising message or symbol or corporate logo, it may be counted as a wall or fascia sign.

Central business district (CBD) means an area of the city described as follows: Beginning at the intersection of Franklin and Patterson streets, then west on Patterson to First Street, north on First to Normal Street, west on Normal to the old Norfolk and Western Railroad right-of-way, north on the right-of-way to Pierce Street, west on Pierce to Osteopathy Street, north on Osteopathy to Washington Street, east on Washington to the old Norfolk and Western Railroad right-of-way, north on the right-of-way to Missouri Street, east on Missouri to Main Street, north on Main to Cottonwood Street, east on Cottonwood to High Street, south on High to Harrison Street, east on Harrison to Mulanix Street, south on Mulanix to Washington Street, east on Washington to Florence Street, south on Florence to McPherson Street, west on McPherson to Mulanix Street, south on Mulanix to Normal Street, west on Normal to Franklin Street, south on Franklin to Patterson Street, to the point of beginning.

Code enforcement officer means the person charged with the administration and enforcement of this article, or a duly authorized deputy.

Curbline means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curbline shall be established by the code enforcement officer.

Detached sign means any sign located on the ground or on a structure located on the ground or a pole and not attached to a building. Often called a freestanding, pole, or pedestal sign.

Directly illuminated sign means any sign that has a separate lighting source directed upon the face of the sign.

Door sign means a sign with letters or illustrations mounted on the door of a retail establishment. Signs of this type will not be counted as a wall sign, even if such letters or illustrations are mounted on the exterior surface.

Downtown Kirksville area means that area contained within the CBD and further described as follows: The Downtown Kirksville area is bounded from the south right-of-way line of Illinois Street, on the north; east of a line which extends parallel and 215 feet west of the centerline of Main Street, on the west; west right-of-way line of High Street, on the east; and north right-of-way line of Jefferson Street, on the south.

Fluttering sign means signs which flutter in the wind and includes pennants, banners, nonofficial governmental flags or other flexible material which moves with the wind or by some artificial means. This includes the type of air powered "sign man" signs that imitate a person with arms that stands up and falls, and then repeats, with the use of an air blower.

Illuminated sign means any sign that is partially or completely illuminated by use of internal electricity or other lighting source.

Indirectly illuminated sign means any sign that has internal lighting features that direct light through the faces of the sign, to illuminate the words or pictures.

Mansard means a sloping roof which projects from the wall of a building. For purposes of this regulation a mansard having a pitch not exceeding one foot horizontal in three feet vertical shall be deemed a wall. A mansard having a lesser vertical slope shall be deemed as a roof.

Marquee sign means any sign attached flat against the marquee or permanent sidewalk canopy of a building.

Monument sign means a freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign.

Moving message orvideo sign means a sign that involves wording moving electronically across the face of a sign, or may have a video image on the face of the sign. These types of signs may not use strobe-like effects.

National Electrical Code means the electrical code currently adopted by the city as published by the National Fire Protection Association.

Neon-lighted sign means an electric sign lighted by a long luminous gas-discharge tube that contains rarefied neon or other gases. Neon-lighted signs are the most common use for neon lighting.

Non-illuminated sign means a sign that has no internal or external lighting source to illuminate the sign face.

On-premises sign means a sign pertaining to an existing permitted use on the property upon which the sign is located. These signs must be made of metal, wood, or other structural supports that meet the wind resistance requirements. Flexible vinyl or tarpaulin type materials are not allowed for use as part of a permanent sign structure unless the flexible material is stretched tight and is completely covered by glass or a clear Lexan type material. Stick-on vinyl lettering or designs attached to a hard surface is acceptable.

Product sign means a sign that advertises a product and does not include the name of the business in use on the site. These signs do not require a permit, but must be attached to a fixed structure on the property, such as a building, driveway canopy, private light pole, fence, etc.

Projecting sign means any sign extending more than one foot from the face of the building to which it is attached or on a wall and having its face approximately at right angles to the face of the building.

Roof sign means any sign erected, constructed and maintained upon or over the roof of a building and using the roof as a principal means of support.

Sandwich board sign means a sign that is so designed to be self-supporting by design. Often times this sign is of the folding type and when collapsed is flat in nature, therefore "sandwiches" together.

Searchlight means an apparatus containing a light source and a reflector for projecting a high-intensity beam or beams of approximately parallel rays of light. A searchlight is considered to be an advertisement or an attention attracting device and is subject to all sign permitting processes.

Sign.

(1)

The term "sign" means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter contained thereon, which shall include paint on the surface of the building when used for the purposes of advertising. The term "sign" shall include, but is not limited to, pole signs, billboard or poster panels, illuminated signs, marquee signs, roof signs, searchlights, electric signs, wall signs, and projecting signs. Murals shall not be considered signs.

(2)

Signs normally consists of four types:

Detached, freestanding, pedestal, or pole sign means an off-premises sign erected on a freestanding framework supported and affixed by one or more uprights or braces in or upon the ground.

Projecting signs means a sign affixed to a building or structure not mounted flush with a wall.

Temporary sign means any sign which may not have any structural support, footing, foundation, pier, pole, grade beam or any other accepted method of frost heave prevention. The term "temporary sign" may include any sign which is not designated or manufactured to be permanently anchored or affixed to the ground, building or structure, but rather is designed or primarily used as a sign which is moveable from place to place. The term "temporary sign" shall include, but is not limited to, signs affixed to a trailer or other portable structure, and "A" frame or sandwich signs and yellow-flashing signs. The term "temporary sign" shall include signs of a material such as cardboard, paper, pressed woods, plastic or metal which is attached to a fence, tree, or temporary structure. Any temporary sign requires a permit.

Wall sign fascia sign orawning sign means any sign attached to and erected parallel to and/or within one foot of the face or wall of a building, including signs painted on the walls of buildings, or on the vertical flap of an awning or canopy.

Sign area means the area of a sign set out in these regulations shall mean the total area of the surface or "face" of the sign. Such signs as projecting, detached and outdoor advertising panels and bulletins may have more than one face, in which case the maximum area allowed herein shall apply to the total face or surface per sign side. The area of the sign, for purposes of these regulations, shall be computed from the dimensions of the entire surface upon which the letters, logo, etc., are placed, except that when individual letters, logos, etc., are mounted individually and directly upon a building wall surface without change in the color or appearance of the wall, the area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, logo, etc. The sign area of a double-sided sign will be computed using one side of the sign, as long as they are identical. When some question exists as to the area of a sign, the method of computing the same shall be determined by the code enforcement officer.

Sign height (how measured). Sign height shall be measured from the average grade level of the land or surface directly beneath the sign that serves the parcel or lot where the sign is located to the highest projection on the sign.

Signboard sign means a type of sign placed under a canopy or awning, advertising the store or business it is in front of. Normally placed at a right angle to the front wall of the store, so that pedestrians can read the store's name.

(Code 1989, § 6-163; Ord. No. 11970, § 1, 8-1-2011; Ord. No. 12231, 2-6-2017)

Sec. 44-622. - Where signs permitted, number and types of signs allowed, and sign size.

(a)

Signs may be permitted in all zoning districts, but each zoning district has varying allowances for types and sizes of signs. The reference to zoning classes is taken from this chapter. The categories listed below are defined as:

(1)

Where signs permitted. Location or type of structure or area use.

(2)

Type of signs allowed. The different types of signs allowed in the designated district.

(3)

Number of signs allowed. The maximum number of signs of each type allowed in defined area.

(4)

Sign size. The maximum number of square feet allowed for each sign face.

(5)

Sign height. The maximum height of the sign allowed, as measured from the average grade level of the land directly beneath the sign to the highest point on the sign.

(6)

Other. Other requirements in size, location, type, restrictions, etc.

(b)

Advertising signs in the city must advertise only for those lots or buildings on which the sign rests, with the exception of billboard signs and temporary/sandwich signs. Signs are allowed based on the zoning district the signage is being placed in, as follows:

(1)

This subsection is application to the following zoning districts:

R-1 Single-Family Residential

R-2 Two-Family Residential

RP-2 Planned Two-Family Special Residential

R-2-S Two-Family Special Residential

RP-2-S Planned Two-Family Special Residential

RP-5 Planned Mobile Home Park

a.

Where permitted: Permitted home occupation.

1.

Type allowed: Detached sign or wall sign.

2.

Number allowed: One per home.

3.

Sign size: Two square feet.

4.

Height: Eight feet.

5.

Other: Must be a permanent, non-illuminated sign.

b.

Where permitted: For sale or for rent signs for lots or buildings.

1.

Type allowed: Detached sign.

2.

Number allowed: One per lot.

3.

Sign size: 15 square feet.

4.

Height: Eight feet.

5.

Other:

(i)

Can be a permanent or temporary, non-illuminated sign.

(ii)

Can use existing sign pedestals and faces to mount for sale or for rent information.

(iii)

"For Rent" or "For Sale" signs may only be located on the property for sale or for rent.

c.

Where permitted: Church or other institutional use.

1.

Type allowed: Detached sign or wall signs.

2.

Number allowed: One detached sign and two wall signs.

3.

Sign size: 50 square feet each.

4.

Height: Eight feet.

5.

Other:

(i)

Must be a permanent sign.

(ii)

Can be illuminated or non-illuminated.

(iii)

Signs must provide only name or location information, public activities, use, or directional information related to the property on which the sign rests.

d.

Where permitted: Buildings under construction.

1.

Type allowed: Detached sign.

2.

Number allowed: One per building.

3.

Sign size: 50 square feet.

4.

Height: Eight feet.

5.

Other:

(i)

These are temporary signs only and are non-illuminated.

(ii)

Signs may show only names of architects, engineers, buildings, contractors, and location/company information on the premises of a building being constructed, provided any sign is removed upon completion of the building. These signs do not require a permit.

(iii)

A small contractor sign is permitted on the premises of any building worked on by that contractor but must be removed as soon as the work is completed. This type of sign does not require a sign permit, but is limited to a maximum size of four square feet. Lawn service contractors are also allowed a sign in the yard while working on a site but the sign must be removed when the contractor finishes the project at the end of the day.

(2)

This subsection is application to the following zoning districts:

R-3 Multifamily Residential

RP-3 Planned Multifamily Residential

R-3S Multifamily Special Residential

RP-3S Planned Multifamily Special Residential

R-4 General Residential

RP-4 Planned General Residential

R-4S General Special Residential

RP-4S Planned General Special Residential

a.

Signs shall also be permitted as provided for under subsection (b)(1) of this section.

b.

Where permitted: Multifamily home with a minimum of 10,000 square feet of land area.

1.

Type allowed: Detached sign.

2.

Number allowed: One sign for each 10,000 square feet of land area.

3.

Sign size: 32 square feet.

4.

Height: Eight feet.

5.

Other:

(i)

Any sign must be permanent.

(ii)

The sign can be non-illuminated or indirectly illuminated.

(iii)

Signs shall be limited to location or contact information, public activities, and use and directional information related to the property on which the sign rests.

(iv)

Signs must be located not more than one foot in front of any required front or side building setback line as determined by the code enforcement officer.

(3)

This subsection is application to the following zoning districts:

O-1P Office Planned

C-1 Local Business

CP-1 Planned Local Business

CBD Central Business District

CBDP Planned Central Business District

LDCZ Low Density Corridor Zone

MDCZ Medium Density Corridor Zone

a.

Signs shall also be permitted as provided for under subsections (b)(1) and (2) of this section.

b.

For CBD and CBDP zoning districts, these requirements apply only to those areas not included within the Downtown Kirksville area for sign regulations.

c.

All signs can be non-illuminated, indirectly illuminated, or directly illuminated.

d.

Signs may only apply to the permitted use on that property, lot, or building where that sign rests.

e.

Billboards are not permitted in any of the zones listed above.

f.

Sign letters or pictures painted on a buildings wall surface that advertise the business is considered to be a wall sign.

g.

Where permitted: Any standalone business or commercial establishment.

1.

Type allowed: Wall signs, projecting signs, detached signs, canopy sign, moving message sign.

2.

Number allowed: Two wall signs or one wall sign and one canopy sign, plus one projecting sign or one detached sign.

3.

Sign size:

(i)

Wall signs: Each wall sign shall not exceed 15 percent of the total area of that wall fascia the sign is mounted on, with 100 square feet being the maximum sign size allowed.

(ii)

Projecting sign: 200 square feet.

(iii)

Detached sign: One square foot for each linear foot of lot frontage, with 200 square feet being the maximum.

(iv)

Canopy sign: A canopy sign is limited to only the vertical flap of the canopy.

4.

Height:

(i)

Wall signs: Shall not extend above the height of the wall on which they are mounted.

(ii)

Projecting sign: Shall not extend above the height of the wall on which it is mounted.

(iii)

Detached sign: 25 feet.

5.

Other:

(i)

A projecting sign shall not extend more than six feet from the face of the building.

(ii)

No sign shall extend over public property other than a projecting sign over the public sidewalk.

(iii)

Any detached sign shall be located no less than five feet from any neighboring property line.

(iv)

In the case of a corner lot (when figuring the sign size by the lot frontage), the street side that is addressed shall be used for the calculation.

(v)

In the case of a corner lot with multiple street frontages, an additional wall sign shall be allowed on each side street frontage.

(vi)

A moving message sign would be counted as either a wall sign, projecting sign, or detached, sign, depending on where it is located.

h.

Where permitted: Planned local shopping center or office park.

1.

Type allowed: Wall signs, projecting signs, detached signs, canopy sign, moving message sign.

2.

Number allowed: One wall sign or canopy sign, one detached sign (mounted on a fixture that advertises the shopping center or office complex), one projecting sign.

3.

Sign size:

(i)

Wall sign: Each wall sign shall not exceed 15 percent of the total area of that wall fascia the sign is mounted on, with 100 square feet being the maximum sign size allowed.

(ii)

Detached sign: 32 square feet.

(iii)

Projecting sign: 32 square feet.

(iv)

Canopy sign: A canopy sign is limited to only the vertical flap of the canopy.

4.

Height:

(i)

Wall sign: A wall sign shall not extend above the height of the wall on which it is mounted.

(ii)

Detached sign: 25 feet.

(iii)

Projecting sign: Shall not extend above the height of the wall on which it is mounted.

5.

Other:

(i)

The detached sign provided for a local shopping center or office park may have a 200 square foot main sign at the top which advertises the name of the shopping center or complex.

(ii)

The individual company advertising signs below the large sign naming the shopping center or complex are limited to 32 square feet in size.

(iii)

No sign shall extend over public property or right-of-way.

(iv)

Any detached sign shall be located no closer than five feet from any neighboring property line.

(v)

A business in a shopping center or office park that does not have a main sign that advertises the complex on the street frontage are allowed to have a detached sign advertising their business next to the right-of-way. These signs must be at least 40 feet from any other sign advertising businesses in the same complex when measured parallel to the street frontage. In this case, maximum sign size allowed is 100 square feet.

(vi)

A moving message sign would be counted as either a wall sign, projecting sign, or detached, sign, depending on where it is located.

(4)

Signs in the central business district and the Franklin Street corridor. The following regulations apply to all sign requirements within the designated area called the central business district and the Franklin Street corridor:

a.

The Franklin Street corridor is defined as follows: 150 feet east and west of the centerline of Franklin Street from the centerline of Normal Avenue to 220 feet north of the centerline of Elm Street.

b.

Signs shall also be permitted as provided for under subsections (b)(1) and (2) of this section but not as permitted in subsection (b)(3) of this section.

c.

All signs, with the exception of sandwich board signs, must advertise those lots or buildings on which the sign rests.

d.

Signs permitted within the central business district and the Franklin Street corridor.

1.

Any sign within these areas must be positioned so as not to obscure existing architectural details. Building names or dates of construction that are raised or otherwise denoted from a building façade and are of historical significance shall be saved and free from obstruction or damage from new sign installation. All signs shall be located below the second floor windowsill line of a building, unless historical evidence indicates signage in a different location for any particular structure. Signage color formats, materials, and lighting should be restrained and harmonious with the building's architecture.

2.

Commercial and institutional land uses within these areas are allowed to erect the following number of signs: one wall sign or one canopy sign, plus one projecting sign or one signboard sign or one monument sign, plus two window signs, plus one sandwich board sign, plus one roof sign, if historical evidence shows such signage.

(i)

Wall sign. A wall sign may not exceed ten percent of the area of the first ten vertical feet of wall area, but shall be located below the second floor windowsill line of a building, if applicable. Wall signs shall not exceed two-thirds of the building wall length. A wall sign shall not exceed the height of the building. Buildings on corner lots may have one additional wall sign on the other street facing façade, which shall follow the guidelines for wall signs herein.

(ii)

Projecting sign. A projecting sign shall be limited in size to no more than one square foot of area for each linear foot of the side of the building to which the sign is attached, but may not exceed 32 square feet. A projecting sign may project over a public sidewalk no more than one-half the distance from the building to the curb and provide a minimum of seven feet, six inches of clearance above the sidewalk surface. A projecting sign may be installed over a public alley given it provides at least 15 feet of clearance above the alley and does not project more than three feet into the alley. A projecting sign shall not exceed the height of the building.

(iii)

Canopy sign. A canopy sign shall be limited to the vertical flap or the diagonal surface of the canopy and shall not exceed two-thirds of the vertical flap or the diagonal surface of the canopy.

(iv)

Signboard sign. A signboard sign shall be installed under a canopy serving the ground floor. The maximum size of a signboard shall be 14 inches by 48 inches with minimum of seven feet, six inches of clearance above the sidewalk surface.

(v)

Window signs. Window graphics should use high quality and durable materials and if painted should be placed on the inside surface of a door or window so as to prevent weathering. Window graphics should cover no more than 75 percent of the glass surface, including logos and text, and should be centered vertically and horizontally on the exposed glass surface.

(vi)

Sandwich board sign. A sandwich sign shall be permitted in an adjacent sidewalk area of the business if the sign does not create a safety hazard, is removed at the end of the business day, and there is room for two people to walk down the sidewalk side by side. These signs do not require a permit, but they can only be placed on the sidewalk that is in front of the business being advertised. Signs are limited to six feet in height and may not take up more than two feet of the width of the sidewalk.

(vii)

Roof sign. Roof signs shall only be installed if historical evidence indicates roof signage. Roof signs are encouraged to remain under 50 square feet and shall not extend more than five feet above the roof line.

(viii)

Banners. Banner or products or services signs may be no greater than 32 square feet and shall be limited to one banner per 15 feet of building frontage. Any banner displayed does not require the purchase of a permit as long as it is attached to the private building. Banners may not be displayed from a canopy or awning. Banners within the central business district shall not be displayed for more than a total of four months throughout a single year.

(ix)

Murals and painted signs. Murals painted on a building are permitted if done for artistic purposes or for expressing a historic or cultural idea. Sign letters or pictures painted on a building or in a sign band or elsewhere on the building is prohibited, unless there is a historical precedent for the building.

(x)

Neon signs. Exterior neon signage and lighting is allowed. Exterior neon signage must be mounted so it is not a safety hazard. Neon signs mounted inside windows must be on first floor windows only, but are not counted as an advertising sign.

(xi)

Monument signs. Monument signs shall be no greater than 30 square feet and no greater than eight feet in height.

e.

Prohibited signs and lights.

1.

Searchlights.

2.

Billboards.

f.

Historic downtown appearance. When designing and installing signs, business and property owners are asked to consider the historic precedent of the downtown area, and of restoration efforts made by other property owners, and try to complement the individual storefront characteristics of adjoining properties. The following ideas and suggestions are not requirements, but owners are encouraged to follow these guidelines to enhance the Downtown Kirksville area and to promote the historic character and appearance of the downtown:

1.

Sign size. The size of any sign should be in scale with the building and street. The use of large signs should be avoided. Large signs found in strip shopping centers are designed to be perceived by motorists. The Downtown Kirksville area is intended to be historic and pedestrian friendly. Accordingly, signs should be smaller in size and clearly seen at a pedestrian scale.

2.

Sign placement. The placement of signs attached to buildings should be coordinated with those of adjacent buildings. Signs should be placed so they are similar in scale and do not vary significantly up or down from those on adjacent buildings or storefronts.

3.

Sign bands. Any sign band should be incorporated into the design of the façade, located above storefront clerestory and below the second story windows. Sign letters and background should be designed in character with the building architecture.

4.

Street address. Street address numbers should be prominently displayed at each business entrance and be clearly visible from the street. Street numbers may be painted on the front door or transom. Building addresses on the façades of buildings shall be individual cast or cut letters of a material compatible with the building architecture.

5.

Sign lighting. Non-illuminated, directly illuminated, or indirectly illuminated signs are all allowed. All direct illumination should be positioned to prevent light from shining directly into the street or onto adjacent properties.

6.

Sign supports. Frames and any supports for advertising signage should blend with the building architecture.

7.

Sign colors. The color of the flap and letters on canopy or awning signs should be compatible with the colors and materials of the building and its architecture.

8.

Color contrast. The color contrast between the letters and background of any sign should make the sign easy to read. Light colored letters over darker backgrounds are the easiest to read. The sign color should complement the color of the building and adjacent signs. Strive to avoid stark color or design contrasts between the sign and any adjacent buildings.

9.

Franchise signs. Sign colors that are mandated by franchise company regulations shall be permitted.

10.

Multiple businesses. When two or more businesses occupy the same building and share the same entrance, signs should be grouped together in a single panel. The letters and background contained in the panel or directory should be similar.

(5)

This subsection is application to the following zoning districts:

C-3 Extensive Business

CP-3 Planned Extensive Business

HDCZ High Density Corridor Zone

M-1 Light Industrial

MP-1 Planned Light Industrial

M-2 Heavy Industrial

MP-2 Planned Heavy Industrial

a.

Signs shall also be permitted as provided for under subsections (b)(1) through (3) of this section, not including the Downtown Kirksville area (subsection (b)(4) of this section).

b.

Signs may only apply to the property, lot, or project that the sign rests on, with the exception of billboards.

c.

All signs can be non-illuminated, indirectly illuminated, or directly illuminated. Any sign that is directly illuminated must not allow the illumination source to be directly visible from the right-of-way or adjoining property. Attention-attracting devices/signs are not allowed, with the exception of searchlights.

d.

Sign letters or pictures painted on a building's wall surface used for advertising are considered to be a wall sign.

e.

Where permitted: Any standalone business or commercial establishment.

1.

Type allowed: Wall signs, projecting signs, detached signs, canopy sign, marquee signs, signboard sign, moving message sign, and billboard signs (see separate section for regulations on billboard signs).

2.

Number allowed: Two wall signs or two marquee signs or two canopy signs or two projecting signs (or any combination of two of the foregoing signs), plus one detached sign.

3.

Sign size:

(i)

Wall and marquee sign size: Each wall or marquee sign shall not exceed 20 percent of the total area of that wall fascia the sign is mounted on, with 200 square feet being the maximum sign size allowed for each sign.

(ii)

Projecting sign: 200 square feet maximum.

(iii)

Detached sign: Two square feet for each linear foot of lot frontage, with 280 square feet being the maximum.

(iv)

Awning sign: An awning sign is limited to only the vertical flap of the canopy.

(v)

Signboard sign: Maximum size of 14 inches by 48 inches with a minimum of 90 inches of clearance above the sidewalk surface.

4.

Height:

(i)

Wall, projecting, or marquee signs: Shall not extend above the average roof level of one story buildings more than ten feet, and shall not extend above the average roof level of a two or more story building.

(ii)

Detached sign: 35 feet.

5.

Other:

(i)

A projecting sign shall not extend more than six feet from the face of the building.

(ii)

No sign shall extend over public property.

(iii)

Any detached sign shall be located no less than five feet from any neighboring property line.

(iv)

In the case of a corner lot (when figuring the sign size by the lot frontage), the street side where the building is addressed from shall be used for the calculation.

(v)

In the case of a corner lot with multiple street frontages, an additional wall sign or marquee sign or projecting sign shall be allowed on each side street frontage.

(vi)

Businesses with franchise requirements to have more than one pedestal sign in front of the business, to meet brand recognition requirements of the franchiser, will be considered on an individual basis by the code enforcement director.

f.

Where permitted: Planned local shopping center or office park.

1.

Type allowed: Wall signs, projecting signs, detached signs, awning sign, marquee signs, moving message sign, signboard sign.

2.

Number allowed: Two wall signs or two marquee signs or two awning signs or two projecting signs (or any combination of two of the foregoing signs), plus one detached sign (mounted on a fixture that advertises the shopping center or office complex).

3.

Sign size:

(i)

Wall or marquee: Each wall or marquee sign shall not exceed 20 percent of the total area of that wall or fascia the sign is mounted on, with 100 square feet being the maximum sign size allowed.

(ii)

Detached sign: 60 square feet.

(iii)

Projecting sign: 32 square feet.

(iv)

Awning sign: An awning sign is limited to only the vertical flap of the canopy.

(v)

Signboard sign: Maximum size of 14 inches by 48 inches with minimum of 90 inches of clearance above the sidewalk surface.

4.

Height:

(i)

Wall, projecting, or marquee signs: Shall not extend above the average roof level of one story buildings more than ten feet, and shall not extend above the average roof level of a two or more story building.

(ii)

Detached sign: 35 feet.

5.

Other:

(i)

The detached sign provided for a local shopping center or office park may have a 200 square foot main sign at the top which advertises the name of the shopping center or complex.

(ii)

The individual company advertising signs below the large sign naming the shopping center or complex are limited to 60 square feet in size. The bottom of the lowest mounted individual company sign must be a minimum of ten feet above the ground level.

(iii)

No sign shall extend over public property.

(iv)

Any detached sign shall be located no less than five feet from any neighboring property line.

(v)

Businesses in a shopping center or office park that do not have a main sign that advertises the complex on the street frontage are allowed to have a detached sign advertising their business next to the right-of-way. These signs must be at least 40 feet from any other sign advertising businesses in the complex when measured parallel to the street frontage. In this case, the maximum sign size allowed is 160 square feet.

(vi)

A moving message sign would be counted as either a wall sign, projecting sign, or detached sign, depending on where it is located.

(6)

Highway billboard signs. The following specific regulations pertain to any sign located along the Highway 63 or Highway 6 highways within the city limits:

a.

Maximum size of 288 square feet per face.

b.

Two back-to-back faces per sign only.

c.

Signs must be set back a minimum of 15 feet from the right-of-way or from the adjoining side property line.

d.

Maximum height of billboards from grade elevation may not exceed 35 feet.

e.

The spacing of signs shall be no closer than 1,400 feet between each sign structure on the same side of the road.

f.

Signs may not be stacked one above another.

g.

Billboard signs may be placed only on land that is zoned as C-3, CP-3, M-1, MP-1, M-2, MP-2, or HDCZ.

h.

No side-by-side signs shall be permitted.

i.

Signs cannot maintain flashing, intermittent, or moving lights or imitate or resemble an official traffic sign.

j.

To obtain a billboard sign permit from the city for a location along the Highway 63 or Highway 6 rights-of-way, the applicant must first bring a copy or proof of an approved sign permit from the state department of transportation.

(7)

Major corridor billboard signs.

a.

Areas in the city where billboards are allowed:

1.

South Baltimore Street, from Shepherd Avenue to the south city limits, where zoning permits.

2.

North Baltimore Street, from where Highway 6 goes west from Baltimore Street, north to the city limits, where zoning permits.

3.

Illinois Street, from Baltimore Street east to the city limits, where zoning permits.

4.

Shepherd Avenue from Baltimore Street east to the city limits, where zoning permits.

5.

Highway 6 from Baltimore Street west to the city limits, where zoning permits.

6.

Any location along Highway 63, where zoning permits.

b.

Billboard signs may be placed only on the street sections listed above and on lots that are zoned as C-3, CP-3, M-1, MP-1, M-2, MP-2, or HDCZ.

c.

Signs must be set back a minimum of 15 feet from the right-of-way or from the adjoining side property line.

d.

Maximum size of 260 square feet per sign face, for locations that are not along Highway 63 or Highway 6.

e.

Two back-to-back faces per sign only.

f.

Maximum height of billboards from grade elevation may not exceed 35 feet.

g.

The spacing of signs that are more than 200 square feet per face shall be no closer than 750 feet between each sign structure on the same side of the road, for locations that are not along Highway 63 or Highway 6.

h.

The spacing of signs that are less than 200 square feet per face shall be no closer than 200 feet to any other sign structure on the same side of the road, for locations that are not along Highway 63 or Highway 6.

i.

No side-by-side signs shall be permitted.

j.

Billboard signs must meet all state laws and requirements per state department of transportation regulations.

k.

Any current nonconforming billboard sign (not currently in a location that allows billboards, but had been grandfathered) located in the city limits may not be reconstructed or enlarged, have lighting added, height increased, etc. If the sign deteriorates to more than 50 percent of its replacement cost, it may not be reconstructed and must be removed. If there is no advertising for a current business for a period of 60 days or more, any grandfathering rights will be revoked and immediate removal of the billboard will be required. Any sign that remains blank for a continuous period of more than 60 days is deemed abandoned and no longer a legal nonconforming sign. For purposes of this subsection, a sign is blank if:

1.

The advertising message it displays becomes illegible in whole or substantial part.

2.

No advertising copy is visible on the sign.

3.

The advertising copy promotes only the rental of the sign.

(Code 1989, § 6-164; Ord. No. 11970, § 1, 8-1-2011; Ord. No. 11979, § 1, 11-21-2011; Ord. No. 12231, 2-6-2017; Ord. No. 12469, § 13, 8-16-2021)

Sec. 44-623. - Temporary signs, banners, and searchlights.

(a)

Temporary signs. Except where otherwise prohibited, in addition to the allowed advertising signage set forth herein, each business shall be allowed to use a portable, temporary sign for their advertising needs. These signs shall be permitted by the code enforcement director after a site plan has been submitted and approved. The fee for the temporary sign is as noted in the fee schedule published by the city, a copy of which is available at city hall during normal business hours, or on the city's website. The temporary sign permit will expire after the number of months purchased by the permit. A temporary sign can only be purchased for up to three months. The person purchasing the temporary sign permit must make sure the expiration date is written in the lower right-hand corner of the sign to assist in enforcement of the section. If the sign is discovered without an expiration date, the sign must be removed immediately until the date can be applied to the sign. The temporary sign shall be located on private land and shall not exceed 32 square feet in total area. In cases where businesses do not have sufficient land for the placement of a temporary sign, a sign shall be permitted in the adjacent sidewalk area if the sign does not create a safety hazard, does not obstruct the sidewalk, and is removed at the end of the business day. Temporary signs promoting community or public related events may be located on any lot with permission of the lot owner. Signs advertising new or existing businesses must be located on the property where the business is currently located or where it has plans to locate. Temporary signs shall be clean and maintained in a sound state of repair. Temporary signs that are in need of repair shall be removed or repaired as ordered by the code enforcement director.

(b)

Products and service signs and banners.

(1)

These are signs that do not advertise a business name, but the services or products that a business provides, such as "15-inch pepperoni pizza $10.00"; "cold beer 24-pak $15.00"; "milk $2.50 gallon"; "we buy gold"; "flu shots"; "Powerball tickets here"; "oil changes here"; etc., and shall be regulated in the following manner:

a.

Signs may be no larger than 32 square feet in size.

b.

All signs must be attached to a structure on the business property such as a fence, the building, awning support, or private light pole. Any of these signs stuck into the ground or the parking lot will be considered a temporary sign and will require a permit.

c.

Any banner or sign as described above displayed in a commercial business zoning district does not require the purchase of a permit. All banners, while not requiring a permit and not required to meet the wind pressure requirement, shall have a neat and clean appearance and be maintained in good repair.

d.

All banners and signs must be clean and maintained in a sound state of repair. Any that are torn, dirty, or defaced must be removed.

(2)

Advertising banners or products and services signs are not allowed to be above or in the public right-of-way.

(3)

In all districts, including the Downtown Kirksville area, temporary signs or banners of a public or semipublic nature shall be permitted. Banners of a public or semipublic nature or function shall be permitted to be displayed on private property or in the right-of-way subject to approval of the city.

(4)

Banners or signs displayed on vehicles or persons shall not be regulated by this article.

(c)

Searchlights. A permit for the use of a searchlight, or for a searchlight to be used as an attention attracting device, may be permitted and granted under the following additional regulations:

(1)

A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 45 degrees from grade level, and roof level.

(2)

The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million footcandle power. No more than four beams of light may be projected from any premises.

(3)

All searchlights must be designed and maintained and focused so as to prevent rays of light from being directed at any portion of the rights-of-way or adjoining property, and no light shall be of such intensity or brilliance to cause glare to impair the vision of the driver of any vehicle, or to create greater than 0.5 footcandles at four feet height at the property line.

(4)

No searchlight may be operated between the hours of 12:00 midnight and 7:00 a.m.

(5)

No searchlight may be operated on a premises for more than seven consecutive days.

(6)

No permit for a searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application.

(7)

Searchlights may be used in commercial zones only.

(Code 1989, § 6-165; Ord. No. 11970, § 1, 8-1-2011; Ord. No. 12231, 2-6-2017; Ord. No. 12233, 3-6-2017)

Sec. 44-624. - Additional regulations.

(a)

Permit required. Sign permit fees will be established by the cost of construction of said sign. The cost of construction includes the sign, materials, and labor for installation. Permit fees, except for temporary signs, shall be based on the current fee schedule established for all structures, buildings, and signs in the building code.

(b)

Sign condition and design. All signs shall be structurally sound, be maintained in good repair, have a clean and neat appearance, and land adjacent shall be kept free from debris, weeds, and trash. All signs shall be designed and installed to withstand not less than 80 pounds per square foot of wind pressure, except where otherwise provided. All signs as permitted above shall be so constructed and installed to meet the requirements of the city's building code.

(c)

Exempted signs. Signs which are essential and necessary for the safety and welfare of the public, including historical markers on premises officially recognized by city, county, state, or federal units of government, or for the overall benefit of the public, and which are not of an advertising or promotional nature shall be exempt from these regulations.

(d)

Prohibited signs. No attention-attracting device, strobe-flashing sign, temporary sign, or other sign that could interfere with traffic safety or constitute a nuisance shall be allowed.

(e)

Government signs. Government signage, road improvement signs, and emergency informational signs shall not be regulated by this article.

(f)

Seasonal signage. Signs advertising Christmas, Thanksgiving, other holidays, fall deer and spring turkey firearm hunting season shall be authorized without city permission. However, this type of signage shall be removed within 14 days after the holiday or event.

(g)

Nonconforming signs. All existing signs which do not conform to these regulations shall be subject to the following procedures:

(1)

All existing nonconforming portable signs (including banners and signs on the right-of-way) as defined herein shall be removed not later than 90 days from the effective date of the ordinance from which this article is derived.

(2)

Any nonconforming sign, if it is showing signs of collapse or facial mending, shall be repaired or removed.

(3)

Signs that are altered in size, height, or structure shall conform to this article.

(4)

Removable letter signs that are mounted on trailers or on a portable base are considered as nonconforming signs. Attaching or embedding these signs to the ground so that they are no longer movable is still considered as nonconforming.

(5)

Nonconforming signs shall be repaired or modified to comply with the requirements of this Code, or removed.

(h)

Abandoned signs. When a business ceases operation, the on-premises signage shall be removed by the building owner according to the following schedule:

(1)

Sign and/or cabinet: Within 30 days.

(2)

Supporting structure: Within 180 days.

(i)

Removal of abandoned signs. Any sign that is so old or dilapidated and is structurally deficient shall be considered an abandoned sign and shall be acted on by the city in the same manner as abandoned signs. All owners or agents will be served with notice by the city to remove the sign.

(j)

Signs not subject to regulations. Signs that are located inside buildings and inside enclosed malls shall not be subject to these regulations.

(k)

Maintenance. All signs, including their structural supports, anchors, and electrical devices, shall be kept in good repair and working order. The display surfaces of all signs shall be kept painted or properly finished at all times.

(l)

State statues. All signs and billboards placed next to the rights-of-way of the State's primary highway system are required to meet all of the requirements of RSMo 226.500 through 226.600.

(m)

Help wanted signs. Help wanted signs may be displayed only on the site of the business looking for additional employees. These signs may not be displayed in the right-of-way or on other business locations unless they are behind a window display area inside of a building.

(n)

Light-emitting intensity. The light-emitting intensity of video signs or message signs with picture capabilities are not allowed to cause glare to the point of distracting drivers, or shining in the windows of adjacent residential properties. Complaints of excessive light on these types of signs are an indication that the light intensity is too high and therefore must be turned down or reduced.

(o)

Video signs and moving message signs. Video signs are not allowed to change an image any sooner than every ten seconds. A moving message sign is allowed to continue scrolling a message across the screen if it is words/letters only.

(p)

Fluttering signs. Fluttering signs which flutter in the wind are allowed with the following provisions:

(1)

All signs must be placed no closer than 25 feet to the street right-of-way line.

(2)

Signs of this nature that advertise products or services of the business are allowed without a permit as long as they are attached to a permanent structure on private property.

(3)

Signs of this nature that advertise the name of a business are allowed only by purchasing a temporary sign permit.

(q)

General purpose of sign standards. The general purpose of these sign standards is to promote, preserve, and protect the health, safety, general welfare, and convenience of the public, to preserve and protect the aesthetic quality of the city, and to achieve the following:

(1)

Promote the safety of persons and property by providing signs that do not create a hazard or otherwise interfere with the safety of persons or property;

(2)

Enhance the appearance and economy of the city by providing that signs:

a.

Do not create a nuisance to persons using the public rights-of-way.

b.

Do not constitute a nuisance to occupancy of adjacent property by their brightness, size, height, or movement.

c.

Do not overwhelm people by the number of messages presented, and do not interfere with the exercise of freedom of choice to observe or ignore said message, according to the observer's purpose.

d.

Do not create or worsen visual clutter or visual blight.

e.

Do otherwise protect, preserve, and enhance the appearance and economy of a quality landscape in the city.

(Code 1989, § 6-166; Ord. No. 11970, § 1, 8-1-2011; Ord. No. 12231, 2-6-2017)

Sec. 44-625. - General sign regulations.

(a)

Public office candidates. Signs, posters, and similar devices used by candidates for public office shall be regulated by applicable codes and ordinances of the city and shall not be within jurisdiction of this article.

(b)

Public signs. The code enforcement director may waive the permit fee for those signs which are for the sole purpose of promoting an event or effort of a philanthropic, civic, or public service nature.

(c)

Special signs. Removal of signs which were engraved, carved in stone, or were otherwise a permanent part of a building prior to June 27, 2005, the adoption of this regulation, will not be required. In addition, signs that are a part of the building's design are not to be regulated per this article.

(d)

Variance. Where this regulation creates a unique situation that would pose a direct hardship upon the owner, a variance may be granted after a request and public hearing before the planning and zoning commission, a reference of approval or denial from the planning and zoning commission, and a final decision from the city council. A variance shall not be granted because of economic reasons as a basis only. The criteria for public hearing in the case of request for variance shall be followed as regulated in section 44-12(c). For any request for sign variances, the certified letters to individual property owners are not required. The required notice of public hearing placed in the local newspaper will meet the public notice requirement.

(e)

PUD zoning. In the case of a PUD (planned unit development) zoning district, which has both commercial and residential areas, the residential areas will be considered R-1, Single-Family residential zoning, and commercial will be considered C-1, Local Business zoning for the purpose of advertising signage. Any deviations from this designation must be approved by the code enforcement director.

(f)

Yard sale or moving sale signs. Signs that are commonly referred to as yard sale, garage sale, or moving sale signs have the following regulations and restrictions:

(1)

These types of signs do not require a permit.

(2)

Signs may be up no longer than four days.

(3)

Signs must be removed within 24 hours after the sale has ended.

(4)

Signs may not be attached to poles or street signs.

(5)

Signs are not allowed on the right-of-way of any state highway, but may be placed on city right-of-way with the adjacent property owner's permission.

(6)

Signs may not be placed where they interfere with traffic or sight distances, such as at street intersections.

(7)

For any yard sale or moving sale sign not complying with these requirements, the code enforcement officer, or designee, or a representative of the police department is hereby authorized to remove such sign without prior written notice to the owner of the sign.

(g)

Removal of signs. If a real estate sign, auction sign, notice, poster, or other paper or device, is posted or affixed to any lamppost, utility pole, or traffic-control sign in the right-of-way, or upon any public structure or building, or placed in the ground in the right-of-way, the code enforcement officer, or designee, or a representative of the police department, is hereby authorized to remove such sign without prior written notice to the owner of the sign.

(Code 1989, § 6-167; Ord. No. 11970, § 1, 8-1-2011; Ord. No. 12231, 2-6-2017)

Sec. 44-626. - Penalty.

Any person convicted of a violation of this section shall be punished as provided in section 1-8.

(Code 1989, § 6-168; Ord. No. 11970, § 1, 8-1-2011; Ord. No. 12231, 2-6-2017)