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St Robert City Zoning Code

CHAPTER 408

Signs

Section 408.001 Statement of Purpose.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
This Section provides standards for the erection and maintenance of signs. All signs shall be erected and maintained in accordance with these standards and the Building Code of the City.
B. 
The general purpose of these standards is to promote, preserve and protect the health, safety, general welfare, convenience and enjoyment of the public, to preserve and protect the aesthetic quality of St. Robert by achieving the following:
1. 
To promote the safety of persons and property by providing that signs:
a. 
Do not create a hazard due to collapse, fire, collision, decay, abandonment or other safety considerations;
b. 
Do not obstruct fire fighting or police surveillance;
c. 
Do not create traffic hazards by confusing or distracting motorists;
d. 
Do not impair the driver's ability to see pedestrians, obstacles or other vehicles or to read traffic signs and signals; and
e. 
Do not otherwise interfere with or detract from the safety of persons or property.
2. 
To protect the public welfare and to enhance the appearance and economy of the City by providing that signs:
a. 
Do not interfere with scenic views;
b. 
Do not create a nuisance to persons using the public rights-of-way;
c. 
Do not constitute a nuisance to occupancy of adjacent property;
d. 
Are not detrimental to land or property values;
e. 
Do not overwhelm people by the number of messages presented;
f. 
Do not negatively affect the City's tourism industry;
g. 
Do not create visual clutter or visual blight;
h. 
Do otherwise protect and preserve a quality landscape in the City; and
i. 
Do otherwise enhance the appearance and economy of the City.
3. 
To regulate the construction and proliferation of billboards within the City limits of St. Robert in accordance with the enabling legislation delineated in Chapter 71, RSMo.

Section 408.003 Definitions.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
For the purpose of this Chapter, the following words, terms and phrases shall have the meanings given herein:
ABANDONED SIGN
A sign or billboard which no longer identifies a bona fide business, leaser, service, owner, product or activity, date or time of past event and/or for which no legal owner can be found.
ACCESSORY SIGN
A sign that's use is incidental to the principal use of the premises.
ADMINISTRATOR
The designated government official whose responsibility it is to administer the provisions of this Chapter. These activities may include, but are not limited to, reviewing applications for sign permits, corresponding and/or meeting with applicants, issuing and denying sign permits, inspecting signs and interpreting and enforcing the provisions of this Chapter. Also referred to as the Land Use Administrator.
ARCHITECTURAL, SCENIC OR HISTORIC AREA
An area of special control that contains unique visual or historic characteristics or whose natural beauty requires special regulations to ensure that all signs displayed within the area are compatible with the area.
AWNING
A shelter supported entirely from the exterior of a building.
BANNER
A sign composed of non-rigid material secured or mounted to posts, a building wall or structure.
BILLBOARD
An off-premises object, device, display, sign or structure or part thereof displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location or to express a point of view by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or non-commercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors or by or on behalf of political candidates or issues.
BILLBOARD AREA
The facing of a billboard, including copy, insignia, background, structural supports and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to the business or product.
BLADE SIGN
See "FREESTANDING SIGN".
BUILDING CODE
The International Building Code as promulgated by the International Code Council, as adopted by the City of St. Robert.
CABINET SIGN
A sign usually constructed with an aluminum box frame and internally illuminated, with an acrylic cover with vinyl lettering or graphics that is attached to a building facade or freestanding sign.
CANOPY
A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
CHANGEABLE COPY
An outdoor LED or marquee sign that permits the changing of graphics, lettering, insignia, background or copy by either electronic or manual methods.
CHANNEL LETTER SIGN
A sign comprised of standard, reverse or open-face letters and/or numbers that advertise the name of a business or organization and that is attached to the exterior wall (facade) of a building.
COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, such as a shopping center, retail plaza, joint-use, mixed-use project, mixed-use building or industrial park.
CONSTRUCTION SIGN
A temporary sign identifying individuals and firms participating in the construction project and the future use of the parcel.
COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
COPY CHANGE
See "REPLACEMENT SIGN".
DIRECTIONAL SIGN
A sign erected and maintained by local officials within the public right-of-way that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
EXPRESSWAY OR FREEWAY
A highway to which access is restricted except by ramps or interchanges.
FACADE
The front, side or rear exterior wall face of a building.
FACADE SIGN
A sign attached to the facade of a building with the exposed sign face parallel to the plane of the facade. Facade signs are illustrated in Figure 6 below.
408 Figure 6.tif
Figure 6 Facade Signs
FLASHING ILLUMINATION
A light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change at intervals of less than six (6) seconds. This definition excludes time and temperature and LED signs.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the ground and not supported by a building, including signs supported by footings, piers, one (1) or more columns, poles or braces placed in or upon the ground. Freestanding signs are illustrated in Figure 7 below.
408 Figure 7.tif
Figure 7 Freestanding Signs
FRONTAGE, BUILDING
The length of an exterior building wall oriented to the public right-of-way or other properties that face it.
FRONTAGE, PROPERTY
The length of the property line(s) of any single lot along either a public right-of-way or other properties on which it borders.
HEIGHT
The vertical distance measured from the finish grade line to the highest point of the sign.
ILLEGAL SIGN
A sign or billboard that was constructed in violation of these regulations that existed at the time it was built.
INDIRECT ILLUMINATION
A light source not seen directly.
INTERNAL ILLUMINATION
A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.
JOINT-USE
A complex style sign that promotes co-location of adjoining and adjacent businesses signage on a single freestanding sign structure on an individual premise or out-lot. The purpose of a joint-use sign is to reduce the numbers of freestanding signs on individual premises within a common area of development. Joint-use signs are not classified as an off-premise sign and require the recording of a sign easement and filing a copy thereof with the Land Use Administrator.
MAINTENANCE
Includes repainting, cleaning or other normal repair of a sign not involving structural or electrical changes. Maintenance includes all copy changes, but does not include changes in the structural elements, size, placement, materials, electrical wiring or location of the sign.
MARQUEE
A roofed structure projecting from and supported by a building or freestanding when such roofed structure extends beyond the building line, building wall or street lot line.
MAXIMUM HEIGHT
The maximum height of a sign shall be measured from the elevation of the point nearest the sign on the centerline of the public street or highway nearest the sign upward to the elevation of the highest part of the sign or its supporting structure, whichever is higher. Notwithstanding the foregoing, unless otherwise specified in this Chapter, all signs may have a height of eight (8) feet measured from the ground location of the sign to the highest part of the sign or its supporting structure, whichever is higher.
MONUMENT SIGN
See "FREESTANDING SIGN".
NON-CONFORMING SIGN
Any sign or billboard which was lawfully erected and maintained at the effective date of this Chapter or any amendment thereto that does not conform to the regulations of the district in which it is located.
OFF-PREMISE SIGN
A sign or billboard that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises or development site on which the sign is located.
ON-PREMISE SIGN
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
OUTDOOR ADVERTISING SIGN
See "BILLBOARD".
POLE SIGN
See "FREESTANDING SIGN".
POLITICAL SIGN
A temporary sign intended to advance a political statement, cause or candidate for office during a primary or general election. Political signs shall not exceed thirty-two (32) square feet in area; shall not be placed in any public right-of-way; shall not be attached to any utility pole, street light, traffic sign or traffic signal; and shall be removed no later than fourteen (14) days after a primary or general election has concluded.
PREMISES
The contiguous land in the same ownership or control which is not divided by a street. A lot, parcel or tract of land, with or without buildings, that together are considered as a property or premises.
PRINCIPAL SIGN
A sign that displays the actual business or use of the premises and is located on the actual property of the structure being advertised.
PROJECTING SIGN
A display sign which is attached directly to the building wall and which extends no more than eighteen (18) inches from the face of the wall.
PROPRIETOR
The operator of a business which owns, leases or rents building space.
PYLON SIGN
See "FREESTANDING SIGN".
REAL ESTATE SIGN
A temporary sign that advertises the sale, lease or rental of the property or premises upon which it is located. Off-premises real estate signs are prohibited by this regulation.
REPLACEMENT SIGN
Any sign installed in place of an existing sign provided that said replacement sign:
1. 
Is owned by and advertises the same business as the previous sign or advertises a new business within a retail or business complex on the same premise.
2. 
Is not taller or wider than the previous sign.
3. 
Contains an amount of advertising space less than or equal to the previous sign.
4. 
Does not increase the cumulative total of signs contained on the property.
5. 
Is located in the same location as the previous sign.
6. 
Is not an outdoor LED sign.
ROOF SIGN
A sign, which is erected, constructed and maintained above the roof line of the building. Illustrations of permitted roof signs are shown in Figure 8.
408 Figure 8.tif
Figure 8 Roof Signs
SETBACK
The minimum required distance between the property line and the building line. For signs, the "setback" shall be defined as the closest that any portion of the sign, including any projection or foundation, may be to easements, property lines or rights-of-way (measured horizontally or vertically).
SIDEWALK
A paved public walkway constructed for pedestrian traffic that is situated alongside a road or formed like sidewalks that are alongside roads (such as a cement footpath through a park).
SIGN
An object, display, device, graphic or structure or part thereof displayed outdoors or visible from a public way which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location or to express a point of view by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Additionally, signs are used to attract attention to a business or structure that is located on the same lot. Any surface, fabric, device or display designed to visually convey information to the general public. The term "sign" includes its structural support and component parts. In cases where more than one (1) display surface or device is attached to one (1) structural support, the entire structure shall be considered as one (1) sign. Signs do not include on-premises commercial or political signage or small commercial or non-commercial signs temporarily placed in lawns by residents, owners, contractors, realtors or by or on behalf of political candidates or issues.
SIGN COPY
See "COPY".
SIGN SURFACE AREA
The facing of a sign, including copy, insignia and background, structural supports and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the sign or if the structure is not used to identify or attract attention to the business or product.
SPACING
Spacing of billboards shall be the minimum distance between outdoor advertising billboard structures measured along the nearest edge of the pavement between points directly opposite the billboards along each side of the highway and shall apply to outdoor advertising billboard structures located on both sides of the highway involved.
STRUCTURE
Anything built that requires a permanent location.
TEMPORARY PORTABLE SIGN
A temporary sign that is made of non-combustible materials on a rigid frame with message letters that can be easily changed and may be illuminated or non-illuminated. Portable signs are generally mounted on wheels and towed from one location to another and has no permanent foundation and is not permanently attached to the ground or to a building or building surface.
TEMPORARY SIGN
A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Temporary signs cannot be used for more than thirty (30) consecutive days in duration and no more than four (4) instances of use during the calendar year. A new application cannot be applied for within sixty (60) days of the previous temporary sign permit that was approved by the City.
WALL
All exterior wall areas of a building.
WALL SIGN
See "FACADE SIGN".

Section 408.005 Permitted Signs.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
No new on-premise signs shall be erected within the political boundaries of the City of St. Robert, except those that meet the requirements of this regulation and only after receiving the proper permit.
B. 
Any sign copy that no longer advertises or identifies a use conducted on the property, which said sign is erected, must have the copy covered or removed within thirty (30) days after written notification from the Land Use Administrator. Upon failure to comply with the written notification after the thirty (30) day period, the Land Use Administrator shall cause to have said signage removed and any expense incident to that removal shall be paid by the owner of the building, structure or ground on which the sign is located.
C. 
As authorized by this regulation, the following general guidelines illustrate the types of on-premise signs that are permitted within the City of St. Robert after review and approval of a sign permit application by the Land Use Administrator.
1. 
Facade signs.
a. 
Each business shall be allowed facade signs on any wall. In the event the business does not front on a street, it shall be allowed signage as if it fronted on a local street. These signs shall extend no further than eighteen (18) inches from the wall. Facade signs do not include signs located on the inside of the premises or lettering and graphics attached to windows. A facade sign shall not extend beyond the outer edges of the exterior walls.
408 Figure 9.tif
Figure 9 Facade Sign Calculation
b. 
The total sign surface area of all facade signs allowed for a business shall be calculated based upon the lineal footage of each wall having frontage on a street (building frontage) as shown in Figure 9. The gross surface area, either for individual facade signs or in aggregate for multiple facade signs, shall not exceed four (4) square feet per lineal foot of building frontage length.
c. 
If a premises or building contains walls that face more than one (1) property line or encompasses property frontage bounded by more than one (1) street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall facing a different frontage.
2. 
Freestanding signs.
a. 
Each premise shall be permitted no more than one (1) freestanding sign, unless specifically authorized by other Sections of this regulation.
b. 
Each residential development or subdivision shall be permitted one (1) freestanding sign at each entrance to the residential subdivision development.
c. 
No freestanding sign other than an official traffic sign or similar sign shall be erected or placed within five (5) feet of any street right-of-way or public utility easement.
d. 
Projecting components of freestanding signs shall not be allowed any closer than ten (10) feet to the furthest projection of overhead electrical distribution system conductors.
e. 
No freestanding sign or sign structure shall be erected at the intersection of any street, parking lot or vehicle access area in such a manner as to obstruct free and clear vision by interfering with or obstructing the view of motorists.
f. 
No freestanding sign shall encroach or be constructed within any easement or street right-of-way.
g. 
Premises which have more than four hundred twenty-five (425) feet of property frontage along a street may have one (1) additional freestanding sign for each additional four hundred twenty-five (425) feet of property frontage or fraction thereof, provided a minimum of three hundred (300) feet of separation is maintained between all freestanding signs on a given premise and a setback of twenty-five (25) feet from adjacent property lines is maintained for all freestanding signs on the premise.
h. 
Each retail complex, mixed-use building or joint-use development shall reserve one (1) freestanding sign to identifying the businesses co-located in the joint-use site, retail complex or the mixed-use for which the signage is intended to serve. Joint-use sites shall establish a sign easement that accommodates the freestanding sign for all businesses within the development site.
i. 
A premise fronting on a local or collector street shall be allowed an on-premise freestanding sign with an effective area determined by adding fifty (50) square feet to a ratio of one (1) square foot of effective area per lineal foot of property frontage along the local or collector street.
j. 
A premise fronting on an arterial street or interstate shall be allowed a freestanding sign with a surface area determined by adding one hundred (100) square feet to a ratio of two (2) square feet of surface area per lineal foot of property frontage along the arterial street or interstate as illustrated in Figure 10 below.
408 Figure 10.tif
Figure 10 Freestanding Sign Calculations
k. 
The maximum surface area for any freestanding sign shall not exceed three hundred fifty (350) square feet and the maximum height for any freestanding sign shall not exceed eighty (80) feet.
3. 
Roof signs.
a. 
A premise may only have one (1) roof sign and only if the premise does not have a projecting sign or facade sign.
b. 
A roof sign is any sign erected upon, against or directly above a roof as shown in Figure 5. Roof signs shall be set back from the outside walls of the building no less than two (2) feet and no part of the sign shall extend beyond any exterior wall or common fire separation wall.
c. 
The maximum height of any roof sign shall not exceed five (5) feet.
d. 
The method used to determine the sign surface area allowed for wall signs shall be used to calculate the sign surface area allowed for roof signs as shown in Figure 11 below.
408 Figure 11.tif
Figure 11 Freestanding Sign Calculations

Section 408.007 Prohibited Signs.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The following are expressly prohibited unless specifically stated otherwise in this regulation:
1. 
Off-premise signs, except as permitted by other Sections of this regulation.
2. 
Animated and moving signs. Signs employing movement by mechanical or natural means which are adjacent to road rights-of-ways including, but not limited to, changeable copy signs, propellers, discs and searchlights.
3. 
Flashing signs. Signs that include lights which flash, blink or turn on and off intermittently, not including time and temperature signs.
4. 
Glaring signs. Signs employing direct, indirect, internal, flashing or other illumination with light sources or reflectivity of such brightness that constitute a hazard to ground or air traffic or a nuisance as determined by the Administrator.
5. 
Inflatable signs and objects. Sign devices which are not used as a temporary sign for the advertisement of a special event, promotion or sale. Upon the completion of the advertised promotion or event, the temporary sign or object shall be removed immediately.
6. 
Simulated traffic signs and obstructions. Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street or highway intersection or extend into the public right-of-way.
7. 
Vehicular signs. Signs displayed on or in parked or stationary vehicles, trailers or semi-trailers where the primary purpose is to advertise a product or business or to direct people to a business, event or activity. For the purposes of this regulation, vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other business purposes.
8. 
Any sign which may project, by graphic illustration or wording, an advertisement that may be construed as obscene or offensive.
B. 
Prohibited or illegal signs shall be removed immediately upon written notification from the Land Use Administrator. An appeal to the Board of Adjustment, which has been filed in the Land Use Administrator's office, shall temporarily stay the removal of any prohibited or illegal sign by the appellant until a decision has been rendered by the Board of Adjustment.

Section 408.009 Exempted Signs.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The following signs shall be exempt from the requirements of this Chapter and do not require a permit or fee payments under Section 408.019 but must meet the other requirements of this regulation:
1. 
Temporary decorative banners, streamers and pendants that do not exceed twenty (20) square feet in sign area and are not used as permanent signage for the business.
2. 
Traffic safety control signs.
3. 
Yard sale and garage sale signs.
4. 
Construction signs provided there is only one (1) sign per construction site entrance and it does not exceed six (6) feet in height or forty-eight (48) square feet in gross area.
5. 
Temporary signs as defined by this regulation and meeting the permit requirements set forth in Section 408.019.
6. 
Flags of any nation, government or non-commercial organization.
7. 
Scoreboards and sponsor advertisements on athletic fields.
8. 
Window signs in the interior of a mercantile or business.
9. 
Signs of less than six (6) square feet in outline area indicating the name of the building, date of erection, monumental citation, commemorative tablet and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other type of permanent type of construction material and made an integral part of the structure.
10. 
Barber poles that are no more than six (6) inches in diameter or more than two (2) feet in overall height.
11. 
Holiday decorations that meet all existing fire and safety codes.
12. 
Interior signs located within a building interior, enclosed lobby or building courtyard.
13. 
Real estate signs located on the premises being advertised for sale, lease or rent.
14. 
Drive-thru restaurant menu boards, vehicle service bay signage and hotel/motel drive entrance and exist signs.
15. 
Replacement signs as defined by this regulation.
16. 
Changing the copy or display face of any billboard within the City of St. Robert that has been authorized by the Missouri State Highway and Transportation Commission.

Section 408.011 Maintenance.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Every sign and billboard permitted by this regulation shall be kept in good condition and repair. When any sign or billboard becomes unsecure, in danger of falling or is deemed unsafe by the Land Use Administrator or his representative or if any sign or billboard shall be unlawfully installed, erected or maintained in violation of any provisions of this regulation, the owner thereof or the person or firm using same shall, upon written notice by the Land Use Administrator, make said signage or outdoor advertisement conform to the requirements of this regulation within ten (10) days of the written notice. In the case of immediate danger of collapse, structural failure or electrical hazard, the Land Use Administrator shall direct the owner thereof or the person or firm using same to have the dangerous hazard conditions removed immediately.
B. 
All signs, sign support structures and billboards, together with all of their supports, braces, guys and anchors, shall be kept in repair and proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times.
C. 
The owner of any property upon which any sign or billboard is placed and the person maintaining the sign shall be equally responsible, individually and jointly, for the condition of the area in the vicinity of the sign and shall be required to keep it clean, sanitary and free from obnoxious or offensive substances, rubbish or weeds.
D. 
If any sign or billboard herein regulated is or becomes unsecure or in danger of falling or otherwise unsafe or violates any provision of this regulation, the Land Use Administrator shall notify the owner of the property on which the sign is situated or the owner of the sign or the permit holder or the person maintaining the sign by personal contact or serving a written notice or sending it by certified mail to one (1) of the above indicated people to remove the same within ten (10) days or at the end of that ten (10) days such sign or advertising structure or device may be removed or altered by the City under the direction of the Land Use Administrator at the expense of the owner of the sign or permit holder or owner of the property or person maintaining the sign as determined by the Land Use Administrator.
E. 
When any sign that is in such hazardous condition as to be immediately dangerous to the safety of the public, the Land Use Administrator is hereby authorized to take all necessary legal action to protect the public or property.
F. 
Any sign or billboard that, because of lack of maintenance or upkeep, vandalism, accumulation of litter, refuse or debris or general deterioration, becomes unsightly or unsafe is hereby declared to be a nuisance and shall be subject to abatement by the City in the same manner as all other nuisances on private property.

Section 408.013 Construction Standards.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Signs and billboards shall be designed and constructed to comply with the provisions of this regulation and the building codes of the City for use of materials, illumination, loads and stresses.
1. 
Wind loads. Freestanding signs, roof signs and billboards shall be designed and constructed to resist wind forces as specified in the Building Code.
2. 
Seismic loads. Freestanding signs, roof signs and billboards shall be designed and constructed to resist seismic forces as specified in the Building Code.
3. 
Working stresses. In freestanding signs, roof signs and billboards, the allowable working stresses shall conform to the requirements of the Building Code.
4. 
Attachment. Facade signs and roof signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied.
5. 
Electrical service and illumination. All signs and billboards shall not be illuminated by other than electric means and electrical service, electrical devices and wiring shall be installed in accordance with the requirements of the Electrical Code.
B. 
The following inspections shall be scheduled with Building Department Permit Clerk and inspected by the Land Use Administrator during the installation and erection of all permitted signs to ensure that work is compliance with this Chapter and the adopted building codes of the City:
1. 
Foundation/footing systems.
2. 
Structural framework and mounting assemblies.
3. 
Electrical wiring and connections.
4. 
Final inspections when all work has been completed.
C. 
Failure to schedule required inspections by the property owner, the business owner or the company performing the work shall be cause for the approved construction permit to be repealed and the signage to be removed from the premises.

Section 408.015 Non-Conforming Signs.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Any on-premises sign or billboard which exists at the time that this regulation becomes effective shall, within limitations, be permitted to exist so long as the criteria hereinafter stated exist. For the continuation of an existing on-premises sign or billboard to continue to be in use, that sign must be structurally sound, present no safety threat to any person or any property, does not create a nuisance and be constructed and located in such a manner that it does not impede fire-fighting operations.
B. 
Continuance. Each non-conforming sign and sign structure shall be allowed to continue in use pursuant to the express provisions of Subsection (A) of this Section.
C. 
Removal. Once a sign no longer meets the express criteria for continued use as a non-conforming use as set forth in Subsection (A) cited above, that sign or non-conforming sign shall be removed at the owner's or leaser's expense upon written notice from the Land Use Administrator.
D. 
Non-conforming signs and sign structures shall be removed at the owner or leaser's expense under the following circumstances.
1. 
The sign is abandoned for one hundred eighty (180) consecutive days.
2. 
The sign becomes damaged or dilapidated to fifty percent (50%) or more of its physical structure or economic value.

Section 408.017 Administration and Enforcement.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
A permit is hereby required prior to the erection, construction, reconstruction, alteration, moving or conversion of any sign, except as elsewhere exempted by this Chapter.
B. 
The Administrator shall have the responsibility and full authority to administer and enforce all the provisions of this regulation, other than those provisions specifically reserved for the authority of St. Robert Board of Aldermen, Planning and Zoning Commission or Board of Adjustment.
C. 
The Land Use Administrator is authorized to order the removal of any sign that is not maintained in accordance with the provisions of this regulation or the adopted building codes of the City.
D. 
The Administrator, upon finding that any provision of this regulation or any condition of a permit issued under this regulation is being violated, is authorized to institute legal proceedings to enjoin violations of this regulation.
E. 
Any person applying for a sign permit who is denied a permit may appeal the decision to the Board of Adjustment. The Board of Adjustment may uphold, overturn or modify the Administrator's decision in accordance with the appeal procedures established in other Chapters of this regulation.
F. 
The Administrator shall investigate any complaints of violations of this regulation and may revoke a permit if there is any violation of the provisions of this regulation or there was misrepresentation of any material facts in either the application or plans.
G. 
The Administrator may remove or order the removal at the expense of the sign owner or leaser of any illegal sign and any sign, other than a non-conforming sign governed by Section 408.015, not in compliance with the provisions of this regulation.
H. 
Any sign which poses an immediate peril to persons or property shall have the sign removed. If the Administrator cannot locate the sign owner, tenant, occupant or leasee for immediate removal of the sign, he shall remove or order the removal of the sign at the expense of the sign owner.
I. 
A person who violates the provisions of this regulation or the conditions of a permit shall be guilty of a civil violation. Each day of the violation constitutes a separate offense subject to a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) and up to ninety (90) days of confinement. Such persons shall also be liable for court costs and reasonable attorney fees incurred by the local jurisdiction.
J. 
Any person, corporation or group may file an appeal with the St. Robert Board of Adjustment concerning any matter pertaining to the disapproval of a sign application by the Land Use Administrator. Appeals shall be filed on the forms provided by the City for that purpose and in accordance with the guidelines set forth in Chapter 409 of this regulation.
K. 
Any person, corporation or group who need relief from the specific dimensional requirements set forth in this regulation may seek approval of a variance. A variance request shall be filed on the forms provided by the City for that purpose and in accordance with the guidelines set forth in Chapter 409 of this regulation. The following dimensional requirements shall be eligible for a variance by the St. Robert Board of Adjustment:
1. 
Minimum and maximum height limitations.
2. 
Minimum and maximum area limitations.
3. 
Minimum setback distance limitations.
L. 
The Board of Adjustment shall not have the authority to grant a variance or appeal that would allow any increase in the number of permitted signs per premise or allow the construction, alteration, expansion, relocation or enlargement of any sign specifically prohibited by this regulation.

Section 408.019 Permit Application.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
All signs, except as otherwise provided in Section 408.009 of this Chapter, shall require a construction permit prior to being constructed, reconstructed, moved, altered, placed or repaired. Construction permits shall be issued by the Administrator. Applications for a sign permit shall be made to the City Building Department Permit Clerk upon forms provided by the City for that purpose.
B. 
All applications for on-premises signs shall be accompanied with plans and specifications of the proposed sign as required by the Land Use Administrator. Supporting documents may include, but are not limited to, engineered site plans, graphic illustrations including dimensions, material descriptions, structural plans and details that specify design loads and stresses and any additional information as may be required to assure compliance with this regulation and the building codes of the City.
C. 
The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the signage is to be erected or installed.
D. 
All applications for sign permits shall be submitted to the Administrator and shall contain following information to be considered complete.
1. 
Filing fee submitted with application.
2. 
Applicant/owner information with mandatory signatures.
3. 
General sign criteria which include material descriptions, dimensional specifications and placement locations.
4. 
Applicant's signature.
5. 
All designs, graphics, plans, drawings, technical specifications and engineering which is identified on the application. Missing or omitted supporting documentation will delay processing of the application until the necessary information is submitted.
6. 
Any other information or supporting documentation that may be requested by the Administrator in order to carry out the purpose and intent of these regulations.
E. 
The following schedule of fees shall be paid by all persons, corporations or companies submitting applications for sign permits to the City:
1. 
Facade signs. Sixty dollars ($60.00) per signable building frontage.
2. 
Freestanding signs. One hundred twenty-five dollars ($125.00) per sign structure.
3. 
Billboards. Five hundred dollars ($500.00) plus all billboards subject to this regulation may be assessed an annual business tax at a rate not to exceed two percent (2%) of the gross annual revenue produced by the outdoor advertising sign located within the City of St. Robert.
4. 
Copy change and temporary signs. There will be no fee for copy changes, temporary signs or temporary portable signs. Structural or electrical modifications will require a new sign permit.

Section 408.021 Severability.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
If any Section, Subsection, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

Section 408.023 Protection Against First Amendment Rights.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
Any sign, display or device allowed under this Chapter may contain, in lieu of any other copy, any otherwise lawful, non-commercial message, including any political message, that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this regulation.

Section 408.025 Authority.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
The criteria established by this Section are adopted under the zoning authority of the City of St. Robert in furtherance of the more general purposes set forth in these Land Development Regulations. This Section is adopted and hereafter amended pursuant to Section 71.288 and Sections 226.500 to 226.600, RSMo.

Section 408.027 Billboard Dimension Specifications.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
New Billboards.
1. 
No new billboards shall be erected within the political boundaries of the City of St. Robert, except those that meet the requirements of this Section and only after receiving the proper permit.
2. 
Such new billboards as may be permitted by this regulation shall conform to the height, size, lighting and spacing requirement prescribed by this regulation.
B. 
Height. The maximum height of a billboard along any interstate shall be thirty (30) feet and a maximum length of seventy-two (72) feet.
C. 
Size. All billboards shall be no greater than eight hundred (800) square feet in area.
D. 
Lighting. In addition to the lighting restrictions of Section 226.540(1), RSMo., which shall apply to all billboards in St. Robert, no billboard shall be so illuminated that it:
1. 
Interferes with the safety of aircraft flight in the vicinity of the billboard.
2. 
Interferes with the use and enjoyment of property of any adjacent landowners.
3. 
Allows the illumination source to be directly visible from any right-of-way or adjoining property.
E. 
Spacing. All measurements shall be made parallel to the roadway between perpendiculars extended from the billboard locations in question.
1. 
No billboard shall be erected within two thousand (2,000) feet of an interchange or intersection at grade.
2. 
No billboard along any freeway shall be erected closer than three thousand (3,000) feet from another billboard.
3. 
No billboard shall be erected closer than eight hundred (800) feet from a mixed-use ("MU") zoning district.
4. 
No billboard shall be erected closer than one thousand (1,000) feet from any residential area zoned "R-1", "R-2", "R-3" or "R-M".
5. 
No billboard shall be erected closer than one thousand (1,000) feet from any church, school or park.
6. 
Billboards shall be allowed in general commercial ("C-2") and industrial zoning districts only and shall meet the minimum setback requirements established in Subsections (E)(1) through (E)(5) above. Non-conforming situations shall apply.

Section 408.029 Prohibited Billboard Appurtenances.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The following are expressly prohibited unless specifically stated otherwise in this regulation:
1. 
Off-premise billboards that include lights which flash, blink or turn on and off intermittently, not including time and temperature.
2. 
Off-premise billboards employing direct, indirect, internal, flashing or other illumination with light sources or reflectivity of such brightness that constitute a hazard to ground or air traffic or a nuisance as determined by the Administrator.

Section 408.031 Areas of Special Control.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The St. Robert Board of Aldermen, by regulation and following public notice and hearing, may designate any of the following areas of special control:
1. 
Architectural, historic or scenic areas or scenic roadsides.
2. 
Sign plazas or specific areas designated for aesthetic design controls.

Section 408.033 Construction and Maintenance Standards.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
All billboards shall be constructed and maintained in accordance with the criteria set forth in Section 408.013 of this regulation and the building codes of the City.
B. 
All billboards shall be maintained in accordance with the guidelines delineated in Section 408.011 of this regulation and the building codes of the City of St. Robert.

Section 408.035 Non-Conforming Billboards.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
Unless otherwise specifically provided for in this regulation and subject to restrictions and qualifications set forth in this Chapter, non-conforming billboards that lawfully existed on the effective date of this regulation may be continued.

Section 408.037 Permit Application - Contents and Submission.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
All new billboards shall require a construction permit prior to being constructed, reconstructed, moved, altered, placed or repaired. The permit requirements and fees delineated in Section 408.019 (Permit Application) of this regulation shall govern all new billboards erected within the City of St. Robert.

Section 408.039 Severability.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
If any Section, Subsection, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

Section 408.041 Protection Against First Amendment Rights.

[Ord. No. 2118 §§1 — 3, 8-18-2008]
Any sign, display or device allowed under this Chapter may contain, in lieu of any other copy, any otherwise lawful, non-commercial message, including any political message, that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this regulation.