Peculiar City Zoning Code
ARTICLE IX
Signs
Section 400.1760 Purpose and Intent.
[Ord. No. 111808 §1(400-901), 11-18-2008]
A.
The Board of Aldermen finds:
1.
An excess of large, intense signs causes a visual blight on the character of the City of Peculiar. This visual blight adversely affects the aesthetic quality of life and traffic safety for residents, businesses, pedestrians and drivers. In order to promote the appearance of the City, while protecting the rights of sign owners to expression and identification, the regulation of existing and proposed signs is necessary to protect the public health, safety and general welfare.
2.
The purpose of this Article is to encourage signs which are integrated with and harmonious to the buildings and sites which they occupy, to eliminate excessive and confusing sign displays, to preserve and improve the appearance of the City as a place in which to live and to work and as an attraction to non-residents who come to visit and to restrict signs which increase the probability of accidents by distracting attention or obstructing vision.
3.
This Article provides minimum standards to safeguard life, safety, property and public welfare by regulating the size, height, construction, location, electrification, operation and maintenance of all signs and sign structures exposed to public view within the City. The pleasing visual appearance and traffic safety of the City cannot be preserved and achieved by measures less restrictive than the procedures and standards of this Article.
Section 400.1770 Definitions.
[Ord. No. 111808 §1(400-902), 11-18-2008]
For purposes of this Article, the following words and phrases shall have the meanings given below:
Any flashing, blinking or animated, banner, clock or other object designed or intended to attract the attention of the public to an establishment or sign.
A shelter projecting from and supported entirely by the exterior wall of a building, constructed of non-rigid materials attached to a supporting framework.
A sign that is mounted, painted or otherwise applied on or attached to an awning.
The area of a sign that is used for display purposes excluding the minimum frame and supports.
A temporary sign made of non-rigid material such as fabric, canvas, plastic or paper and without an enclosing rigid framework.
Any sign that advertises, promotes or gives information on products or businesses not conducted within the premises or location upon which the sign is located.
A sign attached to a building and includes, but is not limited to, wall signs, banners, under canopy signs, projecting signs, awning signs and window signs.
A sign directing attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located or to which it is affixed.
A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy and placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
A sign that is mounted, painted or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area.
Any panel which is characterized by changeable copy, whether illuminated or not, regardless of method of attachment. Changeable copy signs shall be permitted in accordance with the requirements for the same type primary sign.
Any sign which combines the characteristics of two (2) or more types of signs. Combination signs shall conform to all requirements for all types of signs comprising the combination sign.
Any sign, wording, logo or other representation that names or advertises a business, location, product, service or other commercial activity.
Land within or related to a development not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.
A temporary sign erected on the premises on which construction, alteration or repair is taking place, displayed only during the period of active continuous construction, showing only the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.
Any freestanding sign not attached to a building.
Any sign which has characters, letters, figures, designs, faces, backgrounds or outlines illuminated by a light source, whether external or internal, or any sign which uses electrical/mechanical equipment or devices in its operation.
A sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
Cutouts or letters on top of signs, which shall not project above the sign more than six (6) feet.
To build, construct, attach, hand, place, suspend or affix and shall also include the painting of signs on the exterior of a building or structure.
The front or main face of any building or structure.
An illuminated sign in which artificial or reflected light is not intended to be maintained in a stationary or constant intensity.
Any sign supported by uprights, braces, poles or other vertical members in or upon the ground and not attached to a building.
Non-permanent signs or displays, including lighting, celebrating national, State and local holidays or holiday seasons.
A sign giving the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.
A sign which is not a legal non-conforming sign and does not meet the requirements of this Article.
Any sign which is either:
SEMI-ILLUMINATEDA sign which is uniformly illuminated internally over its entire area, including the area of the sign, by use of electricity or other artificial light;
INDIRECTLY ILLUMINATED: A sign which is partially or completely illuminated at any time by an external light source which is so shielded as to not be visible at eye level; or
FULLY ILLUMINATED: A sign which is illuminated by an external or internal light source which is visible.
An on-premise sign containing no other message, copy, announcement or decoration other than instruction or direction to the public. Such signs include, but are not limited to, the following: identifying rest rooms, public telephones, walkways, entrance and exit drives, freight entrances and traffic direction.
A business sign used to direct attention to more than one (1) business, profession, commodity, service or entertainment sold or offered on the premises on which such sign is located or to which it is affixed.
Individual letters mounted on a facade or parapet wall.
A structure of a permanent nature that projects from the wall of a building or its supports.
A wall or freestanding sign that lists the foods or other products available at drive-through facilities.
A temporary sign used to inform the public of the list of entrees, dishes, foods and entertainment available in a restaurant.
The area of the sign occupied by the message.
A freestanding sign that is wider than it is tall, supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles and having the appearance of a solid base.
A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.
Any sign which is not a commercial sign.
A sign which, though lawful when erected, would be prohibited under later-enacted changes to the regulations applicable to it.
Any sign which is lighted by natural sunlight only.
A sign that no longer advertises or identifies a bona fide business conducted on the property or product sold.
A sign which advertises goods, products, services, establishment or facilities not sold or offered at the property on which the sign is located.
A sign that is painted directly on a building or structure. Painted wall signs shall be regulated as wall signs.
A sign constructed to remain indefinitely.
A freestanding sign that is affixed, attached or erected on a single pole.
A sign designed to be moved easily and not permanently attached to the ground or other permanent structure. Portable signs include, but are not limited to, A- or T-frame signs, menu and sandwich board signs and signs designed to be transported by means of wheels.
A sign which is not permanently affixed to one (1) location and has the capability of being moved from one site to the next without disassembly.
A sign which uses a building or structure as its main source of support and contains copy that is perpendicular or at an angle to the building face and does not extend above the roof line.
A freestanding sign other than a pole sign that is taller than it is wide, permanently affixed to the ground by supports, but not having the appearance of a solid base.
A sign advertising that real property is for sale, lease or exchange by the owner or his agent, giving directions to the property and giving the owner's or agent's name, address and telephone number.
The point where the eaves of the roof connect to the top of the wall, except where a mansard roof is used. Mansard roof level shall be the uppermost elevation of the roof.
The line formed by the junction of the top surface of the roof and the outside wall of any building, excluding any structure constructed solely as an architectural feature to extend height or to screen equipment.
A sign, any part of which extends above the eaves of the roof or the roof itself. A sign hanging from and entirely below the eave is not a roof sign.
A temporary advertising or business ground sign constructed in such a manner as to form an "A" or a tent-like shape, whether hinged or not hinged at the top.
Any painting, device, structure, fixture or placard using graphics, symbols and/or written copy which is used or intended to be used to attract attention to an activity, belief, establishment, location, product, goods or services. Sign shall include both commercial and non-commercial signs whenever not specifically designated.
The area of a sign included within a single continuous perimeter drawn around the entire message area and/or background. The necessary supports, uprights or base upon which the sign is placed shall be excluded from the sign area. The sign area of an individually lettered sign without background is measured by enclosing the entire sign with a continuous perimeter. When computing the area of double-faced signs having less than two (2) feet distance between faces, only one (1) side of the sign shall be computed as the total area.
The area or display surface used for the message.
The vertical distance measured from the highest point of the sign to the grade of the centerline of the adjacent right-of-way surface. When the grade at the base of the sign is more than one (1) foot higher than the grade at the centerline of the adjacent right-of-way, sign height may be measured from the grade of an adjacent parking lot.
Any type of sign fastened to trees or poles.
Balloons, pennants and other physical devices used for advertising as approved by the City Planner.
A sign directing traffic to amenities such as a clubhouse or swimming pool within the subdivision.
A sign identifying the subdivision, located at one (1) or more of the subdivision entrances.
A sign intended for display on a temporary basis.
A sign that is painted on the proper body of a vehicle or a magnetic sign which can be attached.
A sign attached to or erected against an exterior wall of a building or structure, which projects not more than twelve (12) inches from a wall and presents only one (1) face of advertising copy to the public.
A sign attached to, placed or painted upon or placed within eighteen (18) inches of the window or glass door of a building and/or is solely intended for viewing from the exterior of such building.
Section 400.1780 Sign Permit Required.
[Ord. No. 111808 §1(400-903), 11-18-2008]
A.
Except as otherwise provided in this Article, no sign shall hereafter be erected, constructed or altered except as provided by this Article and only after a permit for such sign has been issued by the City Planner.
B.
A sign permit shall not be required to repair, clean, repaint or refurbish any existing sign, unless such activity involves the replacement, reconstruction or relocation of the sign.
C.
A sign permit shall not be required for changing the copy of a sign, provided there are no changes to the sign structure or cabinet and the area of the sign is not being enlarged.
D.
An application for a sign permit shall contain the following:
1.
The name, address, telephone number and signature of the owner or lessee or contractor of the property upon which the sign is to be located;
2.
A site plan which shows the location and dimensions of buildings, structures and existing and proposed signs located on the lot upon which the sign is to be placed;
3.
A dimensioned elevation of the building on which the sign is to be placed with the location of the sign clearly identified;
4.
A scaled or dimensioned drawing of the sign; and
5.
All applicable application fees.
E.
The City Planner shall review a completed sign permit application and shall issue the sign permit upon determination that the sign meets the requirements of this Article.
F.
Issuance of a sign permit shall not relieve the applicant from complying with all other applicable local or State laws relating to displaying or erecting a sign.
G.
Signs associated with developments approved within the "C-P" Planned Commercial District or within a planned unit development shall not be erected, constructed or altered prior to the issuance of a permit in accordance with this Section.
H.
Approved sign permits shall become null and void one hundred twenty (120) days after their date of approval.
I.
The City Planner is hereby authorized and empowered to revoke any approved sign upon the failure of the holder thereof to comply with the provisions of this Article.
J.
Within five (5) days of the erection, construction or modification of a sign pursuant to an approved sign permit, the applicant shall notify the City Planner who shall inspect such sign and approve the same if it is in compliance with the provisions of this Article. If the sign does not comply with the provisions of this Article, the City Planner shall notify the applicant in writing of such non-compliance and give the applicant thirty (30) days to comply; a shorter time period may be required when it is determined the condition of the sign or sign structure present a danger to the public health, safety or welfare.
Section 400.1790 Violation, Penalty.
[Ord. No. 111808 §1(400-904), 11-18-2008]
A.
Any applicant, person, firm, corporation or other entity violating the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00); each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
B.
The applicant, the owner of the sign, the owner of the land or structure upon which the sign is located and the person in charge of erecting the sign or sign structure shall all be subject to the provisions of this Section.
Section 400.1800 Exempt Signs.
[Ord. No. 111808 §1(400-905), 11-18-2008]
A.
This Article shall not apply to the following signs:
1.
Signs which are not visible from any public right-of-way.
2.
Signs required by Federal or State law which do not exceed the minimum number and dimensional requirements of that law.
3.
Construction project signs, provided:
4.
Holiday decorations.
5.
Political message signs, provided that:
[Ord. No. 05192014B §I, 5-19-2014]
a.
Signs shall not be erected earlier than thirty (30) days prior to the election or event to which they pertain, and it shall be the responsibility of the property owner to have these signs removed no later than seven (7) days after the election or event.
b.
Maximum size in residential zoning districts shall be six (6) square feet in face area.
c.
Maximum size in commercial and industrial zoning districts shall be thirty-two (32) square feet in face area.
d.
There shall be no political signs on any public property, utility poles or rights-of-way.
6.
Real estate signs, provided:
a.
Maximum size for signs located in non-residential districts shall be thirty-two (32) square feet;
b.
Maximum size for signs located in residential districts shall be six (6) square feet;
c.
One (1) sign allowed per street frontage;
d.
Sign(s) shall not be displayed prior to the property being offered for sale and shall be removed within ten (10) days of the sale closing;
e.
Sign(s) shall be located on the premises being offered for sale;
f.
Signs located in residential districts may advertise an open house, provided they are only displayed on the actual day of the event and are removed at the conclusion of the event; and
g.
Flags, banner or other attention-attracting devices shall only be displayed for a maximum of thirty (30) days within any ninety (90) day period.
7.
Public signs, including informational, legal notices, railroad crossing signs and other warning or emergency signs as are necessary to enforce City laws or control traffic.
8.
Memorial signs.
9.
Flags, emblems or insignia provided they do not contain and are not used for advertising.
10.
Sign(s) for churches or schools, provided:
11.
Nameplate signs up to two (2) square feet in area listing only the name and profession of an occupant in a commercial building.
12.
Residential subdivision identification signs, provided:
14.
Scoreboards in athletic stadiums.
15.
Incidental signs.
16.
Non-commercial messages may be placed on any sign otherwise permitted by this Article.
Section 400.1810 Prohibited Signs.
[Ord. No. 111808 §1(400-906), 11-18-2008]
A.
The following signs are prohibited in all districts and shall be removed in accordance with Section 400.1940 of this Chapter:
1.
Outdoor advertising (poster panels, billboards and off-site promotional signs), except where a special use permit has been obtained for such sign;
2.
Snipe signs;
3.
Directly illuminated signs, except to the extent specifically authorized in this Article;
4.
Pole signs;
5.
Roof signs;
6.
Signs in the public right-of-way;
7.
Obsolete signs;
8.
Abandoned non-conforming signs;
9.
Flashing, blinking, moving or otherwise animated signs;
10.
Signs containing obscene messages; and
11.
Signs containing false or misleading advertising.
Section 400.1820 Signs Permitted in The "AG" District.
[Ord. No. 111808 §1(400-907), 11-18-2008]
Sign Type | Number | Size | Height | Illumination | Setbacks | ||
|---|---|---|---|---|---|---|---|
Front | Side | Rear | |||||
Business, only pertaining to the sale of agricultural products produced on the premises | 1 per 660 feet of frontage | 20 square feet | 10 feet | None | Same as principal structure | ||
Construction | 1 | 20 square feet | 6 feet | None | |||
Identification | 1 | 20 square feet | 10 feet | None | |||
Nameplate | 1 per premises with a home occupation | 2 square feet | 6 feet | None | |||
Real estate | 1 | 12 square feet | 6 feet | None | |||
Section 400.1830 Signs Permitted in "R-E", "R-1", "R-2", "R-3" and "R-4" Residential Districts.
[Ord. No. 111808 §1(400-908), 11-18-2008]
Sign Type | Number | Size | Height | Illumination | Setbacks | ||
|---|---|---|---|---|---|---|---|
Front | Side | Rear | |||||
Nameplate | 1 | 2 square feet | No higher than top of the wall on which it is placed | None | Same as principal structure | ||
Real estate | 1 | 12 square feet | 6 feet | None | |||
Subdivision amenity market | As determined by community development planner | 4 square feet | 6 feet | None | |||
Subdivision entrance | 1 pair per main entrance, as determined by community development planner | 32 square feet | 6 feet | Semi or indirectly | 10 feet from right-of-way line | ||
Section 400.1840 Signs Permitted in "O-C," "C-1," "C-2" Commercial and "DOD" Downtown Overlay Districts.
[Ord. No. 111808 §1(400-909), 11-18-2008; Ord. No. 051810A §1, 5-18-2010; Ord. No. 081511 §1, 8-15-2011; Ord. No. 07012013A, 7-1-2013; Ord. No. 03212022A, 3-21-2022[1]]
Sign Type | Number | Size | Height | Illumination | Setbacks | ||
|---|---|---|---|---|---|---|---|
Front | Side | Rear | |||||
Individual Business Establishments and Neighborhood Shopping Centers | |||||||
Wall | 2 per business establishment and 1 monument or pylon sign | 10 percent of the facade to a maximum 100 square feet | No higher than the top of the wall on which it is placed | Semi | Same as principal structure | ||
Pylon, the bottom edge of which shall be at least 10 feet above the adjacent grade | 2 per business establishment and 1 monument or pylon sign | 2 square feet per lineal foot of street frontage up to 100 square feet maximum | 20 feet | Semi | 5 feet from property line and shall not extend over property lines or be a sight-visibility obstruction | ||
Monument | 100 square feet | 20 feet | Semi or indirectly | ||||
Awning or canopy | 2 per business establishment | 10 square feet | No higher than the top of the awning or canopy on which it is placed | None | |||
Projecting | 1 per business establishment | 20 square feet | No higher than the top of the wall from which it projects; no closer than 10 feet to the grade below | Semi | May project up to 36 inches over the public right-of-way | ||
Menu board | 2 per drive-through lane, only 1 of which may have a speaker | 32 square feet | 8 feet | Semi | Same as principal structure | ||
Shopping Centers, Comprised of Multiple Freestanding Buildings and/or Multiple Tenants And Designed as a Unified Development | |||||||
Wall | 2 per business establishment | 10 percent of the facade to a maximum 100 square feet | No higher than the top of the wall on which it is placed | Semi | Same as principal structure | ||
Pylon, the bottom edge of which shall be at least 10 feet above the adjacent grade | 1 per street frontage, to be used as a joint use sign | 2 square feet per lineal foot of street frontage up to 200 square feet maximum | 25 feet | Semi or indirectly | |||
Monument | 150 square feet | 10 feet; plus 1 additional foot per 1 foot of additional setback, up to 20 feet maximum | Semi, indirectly or fully | 5 feet from property lines and shall not extend over property lines or be a sight-visibility obstruction | |||
Awning or canopy | 2 per business establishment | 10 square feet | No higher than the top of the awning or canopy on which it is placed | None | |||
Projecting | 1 per business establishment | 20 square feet | No higher than the top of the wall from which it projects; no closer than 10 feet to the grade below | Semi | May project up to 36 inches over the public right-of-way | ||
Menu board | 2 per drive-through lane, only 1 of which may have a speaker | 32 square feet | 8 feet | Semi | Same as principal structure | ||
Sandwich board | 1 per business | Not larger than 32 inches in width | Not larger than 48 inches in height | No sign shall be placed in the public right-of-way, or in any public parking place, except as permitted by City, and the sign must have a minimum 4 feet clearance on the sidewalk. In no case may a sign be displayed when a business is closed. | |||
[1]
Editor's Note: Ord. No. 03212022A changed the designation of "A-C" Arts and Cultural Overlay District" to "DOD" Downtown Overlay District." By implication the title of this Section has also changed.
Section 400.1850 Signs Permitted in "I-1" and "I-2" Industrial Districts.
[Ord. No. 111808 §1(400-910), 11-18-2008; Ord. No. 051810A §1, 5-18-2010; Ord. No. 081511 §1, 8-15-2011]
Sign Type | Number | Size | Height | Illumination | Setbacks | ||
|---|---|---|---|---|---|---|---|
Front | Side | Rear | |||||
Wall | 2 per business establishment and 1 monument or pylon sign | 10 percent of the facade to a maximum 100 square feet | No higher than the top of the wall on which it is placed | Semi | Same as principal structure | ||
Pylon, the bottom edge of which shall be at least 10 feet above the adjacent grade | 2 per business establishment and 1 monument or pylon sign | 2 square feet per lineal foot of street frontage up to 200 square feet maximum | 20 feet | Semi | 5 feet from property line and shall not extend over property lines or be a sight-visibility obstruction | ||
Monument | 200 square feet | 20 feet | Semi or indirectly | ||||
Section 400.1860 Signs Permitted in "C-P" Planned Commercial District.
[Ord. No. 111808 §1(400-911), 11-18-2008; Ord. No. 07012013A, 7-1-2013]
Signs permitted in the "C-P" Planned Commercial District shall be based upon the requirements of the zoning district most similar to the land uses contained therein and shall be allowed as part of the plans approved for the development, as approved by the Board of Aldermen.
Section 400.1870 Temporary Signs.
[Ord. No. 111808 §1(400-912), 11-18-2008; Ord. No. 081809 §1, 8-18-2009]
A.
Temporary signs may be allowed as follows:
1.
There shall be no restriction on the number and size of temporary non-commercial signs in all districts.
2.
Temporary commercial signs shall be allowed only upon issuance of a sign permit in conformance with this Article, which shall specify the size and location of the temporary sign as well as the time period for which it may be displayed.
3.
Temporary commercial signs:
a.
Shall be displayed for no more than one hundred twenty (120) total days per lot in any calendar year;
b.
Shall not exceed sixty (60) square feet in area;
c.
Shall not exceed one (1) sign per street frontage;
d.
Shall not be displayed prior to forty-five (45) days before nor after ten (10) days following an event being advertised and must be displayed on-premises.
4.
Commercial banner signs may be allowed as follows:
a.
Seven (7) days or less, no size limitation;
b.
More than seven (7) days, all banner signs shall be limited to sixty (60) square feet or obtain approval from the Board of Aldermen to allow greater than sixty (60) square feet of signage;
c.
Shall be displayed for no more than one hundred twenty (120) days per lot in a calendar year;
d.
Shall not exceed one (1) sign per street frontage;
e.
Shall not be displayed prior to forty-five (45) days before nor after three (3) days following an event being advertised;
f.
Displayed on-premises; and
g.
The Board of Aldermen may approve off-premise banner signs.
Section 400.1880 Non-Conforming Signs.
[Ord. No. 111808 §1(400-913), 11-18-2008]
Non-conforming signs shall not be replaced, expanded, enlarged or modified to denote the change in the type of business or a change in ownership or substantially improved other than in compliance with these regulations.
Section 400.1890 Sign Standards.
[Ord. No. 111808 §1(400-914), 11-18-2008]
A.
All signs shall comply with the following requirements:
1.
Limitations.
a.
No sign shall exceed the number, size, height and location limitations of the district in which it is located; and
b.
Window signs shall not cover more than thirty-five percent (35%) of the area of each window. Total signage placed on any window may not include unused signage amounts allowable for other windows. For the purpose of defining window area, multiple windows separated by mullions or frames of less than four (4) inches are considered a single window. Window sign area shall not be considered in computing the maximum allowed building signage.
2.
Illumination.
a.
The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness shall not cause adverse glare to surrounding areas; and
b.
Except where otherwise expressly permitted, no signs shall be equipped with blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color.
3.
Placement of signs.
a.
Except as provided in this Article, a sign shall not be located in, or project over, the public right-of-way or other public property;
b.
Building signs shall be placed so as not to project above the roof line, except signs may be placed on a parapet wall and up to the ridge of a mansard roof;
c.
At street intersections, no sign exceeding thirty (30) inches in height shall be erected within the visibility triangle as defined in this code;
d.
Signs placed at or near driveway entries shall not obstruct the view of drivers entering or leaving driveways;
e.
Signs shall not be placed on trees, utility poles, benches and fences;
f.
Signs shall not be placed in such a manner as to obstruct a door or fire escape of any building;
g.
Except as provided in this Article, freestanding signs shall be set back a minimum of three (3) feet from any property line adjacent to a street or the street right-of-way; and
h.
Signs shall not be placed and/or designed in such a manner as to create a traffic hazard. Examples of such sign placement and/or design include, but are not limited to, signs which interfere with traffic sight distances, traffic flow or the visual access to a traffic sign; and signs with color, configuration, text or location which cause them to be mistaken for, or otherwise imitate, a traffic sign or signal.
4.
Construction standards.
a.
All signs shall be constructed in accordance with applicable construction code requirements;
b.
All signs shall be designed and constructed to resist wind pressures of at least thirty (30) pounds per square foot;
c.
Permanent signs shall be constructed of approved durable materials;
d.
Use of banner signs as permanent signs is prohibited;
e.
Signs which rotate, spin or otherwise move are prohibited; and
f.
Portable signs are prohibited as permanent signs.
Section 400.1900 Billboard Signs.
[Ord. No. 111808 §1(400-915), 11-18-2008]
A.
General Provisions. In addition to complying with the terms of this Article, a special use permit must be obtained in accordance with the procedures set forth in this code prior to the erection of a billboard.
1.
Placement of billboards.
a.
Billboards shall be located on private property;
b.
A billboard shall not be located closer than one thousand five hundred (1,500) feet from any other billboard or within five hundred (500) feet of any freestanding sign. Spacing shall be determined based on signs that have received a sign permit or signs that are established as legal non-conforming uses. Signs having received prior authorization or that are a legal non-conforming use shall have priority over a later applicant in determining compliance with the spacing restrictions. Where two (2) different applications conflict with each other, so that only one (1) of the applications may be granted, the first (1st) application received by the City Planner will be the first (1st) considered for approval. The second (2nd) application shall remain pending until resolution of the first (1st) application. The second (2nd) applicant shall be advised in writing if the first (1st) application considered is granted and the second (2nd) application shall be automatically denied. If the first (1st) application is denied, the second (2nd) application shall then be considered;
c.
Billboards shall not be located within five hundred (500) feet of a park;
d.
Billboards shall not be located within five hundred (500) feet of a residential zoning district;
e.
Billboards shall be permitted only within one hundred (100) feet of the right-of-way of U.S. Interstate I-49 or its frontage/outer roads;
[Ord. No. 01072019A, 1-7-2019]
f.
Billboards shall be permitted in zoning districts identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
[Ord. No. 01072019A, 1-7-2019]
g.
No billboard shall be permitted to be mounted, painted, attached or affixed to a building rooftop or the walls of any building or the side of a vehicle.
2.
Illumination of billboards.
a.
Billboards shall not include any revolving or rotating beam or beacon of light that simulates an emergency light or device;
b.
Billboards shall not include any flashing, blinking, intermittent or moving light or lights;
c.
Billboards may be lighted by external lighting, such as floodlights, thin line and gooseneck reflectors, provided the light source is directed upon the face of the billboard and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the public right-of-way or into any portion of adjacent properties and the lights are of an intensity that does not cause glare, impair vision or otherwise interfere with motorists;
d.
Billboards shall not be illuminated so they interfere with the effectiveness of, or obscures, an official traffic sign, device or signal; and
e.
The total maximum wattage per sign face shall be four hundred (400) watts.
3.
Permitted sign face area.
a.
The sign face shall not exceed a maximum area for any one (1) sign of six hundred seventy-two (672) square feet;
b.
The sign face shall not exceed a maximum height of fourteen (14) feet and a maximum width of forty-eight (48) feet, inclusive of border and trim, but excluding the base or apron, supports and other structural members; and
c.
The maximum size limitations shall apply to each side of a back-to-back or V-face sign structure.
4.
Setbacks, height and materials of billboards.
a.
All billboards shall comply with the front, side and rear yard setback requirements for principal structures in the underlying zoning district. No portion of the billboard shall be extended past the required setback;
b.
Billboards shall not exceed thirty-nine (39) feet in height measured from the elevation of the adjacent public right-of-way. The City Planner may require the overall height of the sign to be lowered as a condition of granting a permit to prevent the sign from unreasonably detracting from the visibility of other neighboring signs or properties;
c.
All billboards greater than ten (10) feet in height must be constructed of a steel monopole design with a tubular steel support, tubular steel framing, metal catwalk and a single display panel and a concrete foundation; and
d.
Center mount and flag mount designs are allowed, along with back-to-back and V-face signs. Back-to-back and V-face shall count as one (1) sign. Triangle face billboards are prohibited.
5.
Vehicular and pedestrian encroachment. All vehicles, equipment and people used to build, service, maintain and repair the signs must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads.
6.
Permitting.
a.
An application for a billboard permit shall meet the requirements for sign permits and provide the following:
(1)
Site plan indicating proposed billboard location, orientation to the roadway, setbacks, adjacent structures including parking areas and driveways;
(2)
A vicinity map indicating nearby billboards and freestanding signs;
(3)
Construction plans indicating sign height, dimensions and face area; and
(4)
Proposed lighting plan for the billboard.
b.
Billboards shall not be permitted before the applicant has submitted the following certifications from the appropriate professionals registered in Missouri:
(1)
Certification from a professional engineer registered in the State of Missouri that the soil and subsoil surface is capable of accepting the projected loads, if any land disturbance permit has been filed on the property;
(2)
Certification from a professional engineer registered in the State of Missouri as to the structural strength of the sign; and
(3)
Copy of the master electrician's license who will install the electrical features.
c.
Billboards shall not be permitted by the City until a permit has been issued by the Missouri Highway and Transportation Commission, when required.
d.
If by reason of height, size or spacing the proposed sign creates a significant disharmony with a principal freestanding sign within one thousand five hundred (1,500) feet or unreasonably detracts from the visibility of other neighboring signs or properties, the City may require reasonable modification of the billboard's dimensions to cure these deficiencies as a condition to granting a permit.
e.
A sign permit for a billboard shall be valid for one hundred eighty (180) days. If no construction has commenced at the site within one hundred eighty (180) days, the permit shall become void.
f.
A sign permit issued under the authority of these regulations shall in no way relieve the applicant or property owner from permitting pursuant to the Building Code.
Section 400.1910 Sign Maintenance.
[Ord. No. 111808 §1(900-916), 11-18-2008]
A.
Every sign or other advertising structure, together with all its supports or braces, shall be kept in good repair. The sign location shall be free of rubbish and weeds. All structural members and all copy areas shall be kept painted and clean so as to prevent deterioration, oxidation, rust, paint fading, paint peeling or other unsightly conditions.
B.
When a sign is found to be inadequately maintained, the City Planner shall notify the applicant in writing of such maintenance violation and provide the applicant thirty (30) days to comply. When such sign has not been improved in compliance with this Section, the City Planner may order the removal of such sign.
Section 400.1920 Abandoned Signs.
[Ord. No. 111808 §1(900-917), 11-18-2008]
Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be removed by the owner, agent or lessee having the beneficial use of the building, structure or land upon which such sign may be found. If the owner, agent or lessee fails to remove the sign, the City Planner may have the sign removed in accordance with this Article.
Section 400.1930 Electronic Message Board Sign.
[Ord. No. 111808 §1(900-918), 11-18-2008]
A.
No off-premises electronic message board sign shall include any flashing, intermittent or moving light or lights except those signs giving public service information such as time, date, temperature, weather and news. This paragraph does not prohibit an LED display, provided:
B.
No on-premises electronic message board sign shall include any flashing, intermittent or moving light or lights except those signs giving public service information such as time, date, temperature, weather and news. This paragraph does not prohibit an LED display, provided:
Section 400.1940 Sign Removal.
[Ord. No. 111808 §1(400-919), 11-18-2008]
A.
Signs of a temporary nature which are erected or maintained in violation of this Article shall be removed immediately by the owner or operator. The City Planner and City of Peculiar Police Department are hereby authorized to remove and confiscate such signs.
B.
Signs of permanent nature which are erected or maintained in violation of this Article shall be removed after notice to do so. The City Planner shall notify the owner or operator of such sign in writing of such violation and provide the owner or operator thirty (30) days to remove the sign or to bring it into compliance with this Article. Upon the failure to remove the sign or comply with the notice, the City Planner shall cause the removal of the sign. Any costs of removal incurred by the City Planner shall be assessed to the owner of the property on which sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and such charge shall be a lien on the property. The City Planner shall refuse to pay costs so assessed.
C.
The City Planner may cause any sign which is an immediate peril to persons or property to be removed immediately without notice.
Section 400.1950 Additional Wall Sign.
[Ord. No. 051810A §2, 5-18-2010]
One (1) additional wall sign may be allowed by special use permit consistent with Article V.
Section 400.1960 Highway Pole Signs.
[Ord. No. 081511 §2, 8-15-2011]
A.
In addition to other signs permitted by this Article, highway signs shall be permitted for freestanding businesses having a minimum of fifty percent (50%) of its site within one-fourth (¼) mile of the centerline of the intersections of 71 and J Highways. Highway signs shall comply with pole sign design criteria and with the following requirements:
1.
The height of the sign shall not exceed fifty (50) feet in overall height above the natural or average grade.
2.
The area per face of a highway sign shall not exceed one hundred (100) square feet. A maximum of two (2) faces shall be permitted.
3.
Landscaping, such as flowering trees, shrubs and bushes, shall be provided around the base of the sign as approved.
4.
Highway signs shall not be closer than thirty (30) feet to all property lines nor located within any easement, nor shall they be closer than two hundred (200) feet between each sign.
5.
Reader boards shall not be permitted. Only one (1) highway sign is permitted for each property.