Oronogo City Zoning Code
ARTICLE V
Advertising and Signs
Section 405.510 Statement of Purpose.
[CC 1994 §41.500; Ord. No. 02.06, 4-1-2002]
A.
The purpose of these regulations is to create the legal framework for a comprehensive but balanced system of regulation of advertising and signs and thereby to facilitate communication between people and their environment, while minimizing any adverse public safety concerns. With this purpose in mind, it is the intention of these regulations to authorize the use of advertising and signs which are:
1.
Compatible with their surroundings;
2.
Appropriate to the type of activity to which they pertain;
3.
Expressive of the identity of individual proprietors or of the community as a whole;
4.
Legible in circumstances in which they are seen;
5.
Properly constructed and aesthetically pleasing; and
6.
Minimally intrusive upon the driving public.
In addition, in permitting the use of off-premises advertising, only in "I" district, the Board of Aldermen is mindful of the suburban setting of the community, and desires to regulate the proliferation of signs, while allowing commercial establishments to advertise their services and products with minimal regulations. |
Section 405.520 Definitions.
[CC 1994 §41.510; Ord. No. 02.06, 4-1-2002]
Unless the context otherwise requires, the following definitions should be used in interpretation and construction of this Article.
ACTIVITY
An economic unit designated in the classification system given in the 1972 Standard Industrial Classification Manual published by the United States Department of Commerce, Office of Federal Statistical and Policy Standards or any amendment thereof.
ADVERTISING
Any character or letter and/or figure, symbol, design, work model or device and a tinted background field used to attract attention and/or convey a message which is visible to any area outside of a building. The term includes banners, pennants, streamers, moving mechanisms and lights.
DISTRICT
Any section of the City of Oronogo, Missouri, designated by this Code as agricultural, residential, commercial or industrial.
FACE
Any surface against or through which advertising is displayed or illustrated.
GROUND SIGN
A sign supported by one (1) or more uprights, posts, or bases placed upon or fixed in the ground and not attached to any part of a building that does not exceed the maximum height designated for a ground sign as specified in Section 405.540.
ILLUMINATED SIGN
A sign which has characters, letters, figures, designs or the outlines illuminated by electric lights or luminous tubes.
PORTABLE SIGN
Any sign that is constructed to be movable being attached to legs, skids, sleds, wheels, trailers or any other appurtenance that allows it to be moved from location to location.
PROJECTING SIGN
A sign attached to and projecting from a building and not in the same plane as the wall.
SIGN AREA
Total area of the space used to display advertising not including supporting poles. For a sign with two (2) faces that are parallel and supported by the same pole of the structure, the area of the sign equals one-half (½) of the total area of the two (2) faces. For a sign with two (2) or more faces supported by the same pole or structure but not parallel, the area of the sign equals the total area of all faces.
WALL SIGN
A sign painted on or attached to a wall of a building and in the same plane as such wall.
WINDOW SIGN
A sign applied, painted or affixed to or in the window of a building.
ZONING CODE
Zoning Code of the City of Oronogo, Missouri.
Section 405.530 Erection of Signs.
[CC 1994 §41.520; Ord. No. 02.06, 4-1-2002]
A.
It shall be unlawful to erect any sign on any premises in the City of Oronogo except as herein provided.
1.
District "A" Agricultural, "R-S" Single-Family District and "R-M" Multi-Family District.
a.
One (1) non-illuminated wall sign per building not more than one (1) square foot in area mounted on the building indicating a permitted home occupation.
2.
District "R-M".
a.
Signs as are permitted as provided under districts "R-S" and "R-M" above.
b.
In addition, for a multi-family use, one (1) non-illuminated attached or detached sign for each twenty thousand (20,000) square feet of land identifying the use, no more than twenty (20) square feet in area and not more than six (6) feet high overall. Such sign shall be located not more than one (1) foot in front of a front or side building setback line.
3.
District "C", General Commercial District.
a.
Signs as permitted in districts "R-S" and "R-M".
b.
Each business or commercial establishment shall be permitted one (1) ground sign, shall advertise solely the single activity that is the occupant of the premises, and shall not be utilized to advertise off-premises business activity.
4.
"I" District. Signs as permitted as provided in district "C". In addition, one (1) ground sign per premises, otherwise in compliance with this Article, shall be permitted to advertise activities, regardless of location.
5.
Portable signs.
a.
They shall be allowed in districts "C" through "I".
b.
They shall be set back from all property lines at least ten (10) feet within all zoning districts.
c.
There shall only be one (1) portable sign allowed for each commercial location regardless of size or number of occupants.
d.
All portable signs requiring electrical connections shall be in conformance with the City Electrical Code.
e.
All portable signs will be suitably anchored or reasonably secured and maintained in a physically safe and complete manner.
Section 405.540 Construction and Maintenance.
[CC 1994 §41.530; Ord. No. 02.06, 4-1-2002]
A.
All signs and supporting structures shall comply with all applicable requirements of the building, electrical and fire prevention codes of the City.
B.
Signs and supporting structures must be maintained in good repair and appearance. The removal of any advertising sign or structure not so maintained may be ordered by the Board of Aldermen.
C.
No sign shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where by reason of its position, shape, or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop", "look", "danger" or any word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. Illuminated signs must be so shielded or contain lamps of such reduced intensity as may be designated by the Board of Aldermen to assure that they do not constitute a traffic hazard.
D.
Unless specifically allowed by this Chapter, no part of any sign shall be located closer than ten (10) feet to a street right-of-way.
E.
No sign may be more than thirty (30) feet in height, measured from the ground to the top of the sign.
F.
No ground sign shall be located a distance of less than one hundred (100) feet from any other ground sign of the same premise.
Section 405.550 Exempt.
[CC 1994 §41.540; Ord. No. 02.06, 4-1-2002]
A.
With the exception of Section 405.540, the following street signs and advertising are exempt from the provisions of these regulations:
1.
Temporary real estate signs not over eight (8) square feet in residential districts or forty-eight (48) square feet in area in business, commercial and industrial districts which advertise the sale, rental or lease of only the premises upon which the sign is located and which are of professional quality and appearance; provided that not more than one (1) such sign is permitted on any single premises.
2.
Signs not over fifteen (15) square feet in area which provide information of a public, charitable, or religious institution or activity and which are permanently mounted, provided not more than one (1) such sign is permitted on a single premise.
3.
Temporary signs not over forty-eight (48) square feet in area denoting the architect, engineer, project name, source of financing and/or contractor when placed upon work under construction, provided that not more than one (1) such sign is permitted on a single premise.
4.
Municipal signs, legal notices, traffic control devices and such, temporary or emergency non-advertising directional signs that may be approved by the Board of Aldermen.
5.
Political signs not over eight (8) square feet in area that are removed within ten (10) working days after the date of the election to which they pertain. Political signs placed on any right-of-way or utility easement may be removed and destroyed without notice.
6.
Signs not over three (3) square feet in area located on residential property designating only the name of the occupant and/or address of the premises where it is displayed.
7.
Garage sale signs not over six (6) square feet in total area, provided they are displayed for a period not exceeding two (2) days and, further provided, they are displayed only on the premises where such sale is to be held, provided not more than one (1) such sign is permitted on a single premise.
8.
The official flag of the United States of America, the State of Missouri or of any other nation or State or church when displayed on a pole not exceeding thirty (30) feet in height, provided that such flags are displayed on not more than one (1) pole per premise.
9.
Temporary window signs not exceeding in size fifteen percent (15%) of the window area and displayed for a period not exceeding fourteen (14) days.
Section 405.560 Certain Advertising Prohibited.
[CC 1994 §41.550; Ord. No. 02.06, 4-1-2002]
A.
The following advertising is specifically prohibited:
1.
Advertising a service not provided or an article or product not manufactured, assembled, processed, prepared or sold upon the premises upon which the advertising is located (with the exception of "I" district).
2.
Signs which by color, location and/or design resemble or conflict with traffic control signs or signals.
3.
Devices such as flags, banners, streamers and/or pennants affixed to poles, wires or ropes, flashing lights, fluttering or wind-operated devices and flashes, animators or mechanical movement or contrivances of any kind.
Section 405.570 Permits and Fees.
[CC 1994 §41.560; Ord. No. 02.06, 4-1-2002]
A.
No permits or fees are required for signs listed in Section 405.550. Permits shall be secured for all permanent signs prior to their erection, alteration, or refacing. Prior to issuance of a permit for a sign, the design of the sign shall be reviewed and approved by the City Clerk for compliance with the City Code and a fee shall be paid to the City in accordance with the following schedule:
1.
Signs less than twenty-five (25) square feet in size, fifteen dollars ($15.00).
2.
Signs at least twenty-five (25) square feet in size but less than fifty (50) square feet in size, twenty-five ($25.00).
3.
Signs at least fifty (50) square feet in size but less than one hundred (100) square feet in size, fifty dollars ($50.00).
4.
All signs one hundred (100) square feet or larger in size, one hundred dollars ($100.00).
Section 405.580 Non-Conforming Signs.
[CC 1994 §41.570; Ord. No. 02.06, 4-1-2002]
A.
Any sign lawfully erected and in existence at the effective date of this Chapter or any amendment thereto that does not conform to the regulations may be maintained in its present state provided that it shall be kept in good repair and maintenance.
B.
Whenever any non-conforming sign is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its replacement value at that time, the sign may be rebuilt or replaced and used thereafter only in conformance with these regulations.
C.
Other than in district "I", whenever any non-conforming sign ceases to be used or does not contain advertising applicable to an activity on the premises for a period of six (6) months or longer, the sign may be used thereafter only if brought into conformity with the provisions of these regulations.
Section 405.590 Variances.
[CC 1994 §41.580; Ord. No. 02.06, 4-1-2002]
A.
Any person desiring a variation in the regulations may appeal to the Board of Aldermen. Such appeal shall be taken within thirty (30) days of the date of denial of a permit for a sign by filing with the City Clerk a notice of appeal specifying the grounds thereof. The City Clerk shall forthwith transmit to the Board of Aldermen all papers upon which such action the appeal was taken. Three (3) affirmative votes of the Board of Aldermen shall be required to grant a variance from or reverse a decision made by the City Clerk.
B.
To vary regulations the Board of Aldermen shall make a finding of fact based upon the evidence presented to it in each specific case showing that all the following conditions exist:
1.
The conditions upon which the requested variation is based arise from particular hardship to the applicant and not from mere inconvenience.
2.
The conditions upon which the requested variation is based are not generally applicable to other property or similar activities in the City.
3.
The alleged difficulty or hardship has not been created by any person acquiring or holding an interest in the property after the effective date of this Chapter.
4.
The granting of the variation will not endanger the public safety or be detrimental to the public welfare or substantially injurious to other property or activities in the neighborhood in which the property is located.
C.
The Board of Aldermen may impose such conditions and restrictions upon the premises benefited by variation as may be necessary to limit the injurious effect therefrom upon other property or activities in the neighborhood and to better carry out the general intent of the regulations.
Section 405.600 Removal of Signs.
[CC 1994 §41.590; Ord. No. 02.06, 4-1-2002]
A.
The Board of Aldermen, after notice and opportunity to be heard, is authorized to remove or have removed any unlawful sign or signs erected without a permit.
1.
Notice and opportunity to be heard shall be given to the owner or person in charge of a sign in writing and shall be mailed by certified mail, or personally delivered to the owner or person in charge of the sign as reflected in the official records. The notice shall be mailed or delivered at least seven (7) business days in advance of any removal. In the event the name and address of the owner or person in charge of the sign cannot be ascertained, notice shall be posted in a conspicuous place where the sign is erected. The notice shall specify the description of the sign, the place from which it will be removed, the reason for the removal, the amount of actual or estimated storage charges, the owner's right to hearing either orally or in writing and a hearing, except upon the owner's request with the consent of the Board of Aldermen, shall be held at the next regularly scheduled Board of Aldermen meeting.
2.
If a sign is removed, the owner or person in charge of the sign so removed may recover the same upon furnishing evidence of ownership of the sign and by signing a release and payment of all costs, expenses and charges involved in removal and storage of such sign or posting bond therefore pending the outcome of any hearing requested.
3.
Any sign not claimed within thirty (30) days after removal may be destroyed or sold in a commercially reasonable manner and the proceeds of sale applied towards the charges for removal and storage and the balance of the proceeds, if any, shall be returned to the sign's owner, unless he/she cannot be located, in which case shall be paid to the City's general funds.
