It is the intent of this article to regulate and control the location, number, erection, and maintenance of signs and matters relating thereto within the city in order to promote public safety, health, and general welfare of the community. These regulations are specifically designed to:

(1)

Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the city.

(2)

Prohibit hazardous and dangerous signs.

(3)

Provide a desirable and attractive living environment through harmonious and uniform signage.

(Code 2006, § 405.575; Code 2008, § 405.575; Ord. No. 1761, § 1, 5-23-2001)

(a)

The provisions of this article shall govern the erection, alteration, and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, number, size, content, construction, structure, and safety.

(b)

The provisions of this article shall not apply to, and no permit is required for the following signs:

(1)

Flags of any nation, state, county, city or other governmental unit, any not-for-profit organization, or business entity, provided that business flags shall advertise on-premises for that entity and shall not exceed 32 square feet in area.

(2)

Temporary decorations or displays celebrating the occasion of patriotic, religious or holiday events.

(3)

All city, county, state and government signs, including street banners installed or authorized to be installed by the city to promote events, celebrations, the community as whole, or a specific area of the city. Such street banners shall not be considered off-site advertising.

(4)

Non-illuminated directional or informational signs by a public entity.

(5)

Temporary non-commercial signs such as those announcing political candidates or issues. For purposes of this subsection, a sign is "temporary" if it meets the definition of a temporary sign as set forth in section 405.1210. Also, for the purposes of this article, more than two signs containing the same message per street frontage shall be deemed unnecessarily duplicative. For lots with an excess of 200 feet of frontage, no more than one of such signs shall be permitted to be displayed per 50 feet of frontage of any lot.

(6)

Temporary yard signs promoting or advertising garage, patio, yard or similar sales ("yard sign") shall be permitted pursuant to the requirements of section 653.010 in conjunction with a duly issued permit allowing the sale. Such yard signs not to exceed six square feet.

(7)

Pursuant to RSMo 67.317 and the requirements of section 405.1250.

(8)

Temporary bulletin boards not over 32 square feet in area, for public, charitable, or religious institutions, that are located on the premises of the institutions.

(9)

Memorial signs or tablets, names of buildings and date of erection not exceeding eight square feet in area, when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(10)

Professional name plates or occupational signs not exceeding one square foot in area, wall-mounted and unlit, adjacent to the main entrance of the building.

(11)

Signs erected inside a building not visible through windows.

(12)

Residential project directional signs contingent upon the following: Signs shall be placed or displayed after sunset on Friday and completely removed no later than sunrise on Monday. Such signs shall be freestanding not exceeding four square feet in area, and no higher than four feet in height. Signs shall not be located within any sight triangle, shall not be attached to any utility structure, tree, fence, or existing sign standard and shall not interfere with public health or safety. Signs are prohibited upon private property without the express permission of the property owner. Signs which fail to comply with this subsection shall be subject to removal by the city.

(Code 2006, § 405.580; Code 2008, § 405.580; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 2665, § 1, 12-27-2006; Ord. No. 2973, § 6, 2-25-2009; Ord. No. 3187, § 1, 9-28-2011; Ord. No. 3202, § 8, 1-25-2012; Ord. No. 3298, § 5, 5-22-2013)

(a)

The following signs and advertising devices are hereby declared to be unlawful:

(1)

Any sign erected in a location prohibited by this article;

(2)

Any sign, including any living sign, erected or located in or above a public easement or right-of-way;

(3)

Any sign erected so as to prevent free egress to or from any passageway or any other exitway required by the building or fire codes of the city;

(4)

Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;

(5)

Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal or other traffic control device; nor may any sign, by reason of its shape, position or color, interfere with or be confused with any authorized traffic signal, sign or device. Further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator;

(6)

Any sign, signboard or billboard erected nearer than 20 feet to the curb of two intersecting streets built to a greater height than 18 inches above the crown of the street at the point of intersection;

(7)

Any sign or advertising device such as banners and pennants affixed on poles, wires, ropes or streamers, wind-operated devices, balloons, fluttering signs, pinwheels, streamers, banners, street banners, commander boards and A-frames or other portable signs of like nature and other similar contraptions or techniques except as temporarily permitted in section 405.1270(b);

(8)

Vehicle signs or advertisement extensions constructed beyond the original design surface of the vehicle, except for standard advertising or identification markings which are painted on or permanently attached to the side of a business or commercial vehicle;

(9)

Off-site or off-premises signs, including off-premises living signs, except as provided in this article;

(10)

Flashing signs;

(11)

Electronic message centers (EMC) or animated signs, except as allowed by sections 405.1250.(2), 405.1260(a)(3) and (8) and 405.1270(c);

(12)

Signs which contain characters, cartoons or contain statements, words or pictures of an obscene, indecent, prurient or immoral character;

(13)

Direct paint signs except as allowed by section 405.1260;

(14)

Roof signs;

(15)

Variable message signs;

(16)

Audio in association with a sign;

(17)

On-premises living signs not confined to the interior of any building on that premises, except as may be provided in this article.

(b)

Notwithstanding the foregoing, this section shall not be construed to prohibit canopies, marquee signs or hanging signs where erected in or above a public easement or right-of-way within a "HD-1" Historic Downtown Core District or a "HD-2" Historic Downtown Corridor District; provided that a sign permit therefor is obtained in accordance with section 405.1220. One A-frame sign per lot or parcel may be approved within a "HD-1" Historic Downtown Core District or a "HD-2" Historic Downtown Corridor District under such conditions as the community development director may impose consistent with the express purposes of the respective district. The community development director may permit location of such A-frame signs on the public sidewalk during daily business hours, provided that such signs are removed and stored inside the business premises during non-business hours.

(Code 2006, § 405.585; Code 2008, § 405.585; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 2134, § 3, 6-23-2004; Ord. No. 2135, § 3, 6-23-2004; Ord. No. 2484, § 1, 3-22-2006; Ord. No. 2665, § 2, 12-27-2006; Ord. No. 2782, § 1, 9-26-2007; Ord. No. 2950, § 1, 11-19-2008; Ord. No. 3040, § 4, 12-9-2009; Ord. No. 3187, § 2, 9-28-2011; Ord. No. 3687, exh. A(405.585), 1-25-2017; Ord. No. 4033, § 5, 11-20-2019)

(a)

For purposes of this article, the term "use" or "occupy' includes the term "intended," "designed," "arranged to be used or occupied."

(b)

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

Abandoned sign means a sign, which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

Accessory sign means a wall or mansard sign mounted on an accessory (or secondary) building or structure to the primary buildings or structures on a lot. For the purpose of this article, accessory buildings or structures may include stand-alone ATMs, stand-alone drive-up tellers, car washes, and pump island canopies. Accessory signs shall comply with all regulations herein governing wall and mansard signs, unless superseded by regulations for permanent signs in non-residential zoning districts.

Address or name plate means a wall sign containing only the name or address of the premises on which it is located. (See signs that do not require a sign permit.)

Animated sign or sign with animation means any sign, or portion thereof, which includes action or motion, including animated text, copy, images or video. For purposes of this article, the term "animated sign" does not refer to flashing signs or electronic message centers, that are separately defined.

Banner means a sign made of fabric, plastic, paper or other light pliable material, not enclosed in a rigid frame and characteristically suspended along or across a public street.

Building face or wall means all window and wall area of a building in one plane or elevation.

Canopy means any structure attached to a building at the inner end and supported on the other end or cantilevered; or a freestanding structure, with one or more supports, meant to provide shelter from weather elements onto which signs may be affixed or incorporated.

Changeable copy sign (manual) means a sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.

Copy means the wording or graphics on a sign surface.

Director of public works means the community development director of the city or his designee.

District means the zoning district of a parcel as defined under the zoning regulations and zoning district map.

Electronic message center or EMC means a sign, or portion thereof, with a fixed or changing display or message composed of a series of lights that may be changed through electronic means and that may incorporate LED or other lighting methods. A sign containing only digital time, stock information or temperature involving no additional information of an advertising nature shall not be deemed an electronic message center nor shall an animated sign be considered an EMC.

Erect means to build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate; and includes the painting and repainting of existing sign structures.

Facade means the front or main part of a building facing a street. For purposes of this article, the facade is defined as measured from the ground elevation to the roof line or top of parapet.

Face of sign means the entire area of a sign on which copy could be placed that is visible from one direction.

Flashing sign means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source including signs containing text or animation that appears to grow, melt, X-ray, up or down scroll, write-on, travel, inverse, roll, twinkle, snow or present pictorials or other animation. Animated signs, electronic message centers or signs containing only digital time, stock information or temperature involving no additional information of an advertising nature, shall not be deemed flashing signs for purposes of this chapter.

Frontage means the length of the lot along any street side. The property line of a lot bordering more than one street or right-of-way is considered separate frontage for each street.

Gasoline and oil service station means any business which dispenses, or is designed to dispense, gasoline, diesel or oil for use in motor vehicles or boats.

Graffiti means unauthorized inscribing, spraying of paint, or making symbols using chalk, dye, ink, paint, spray paint or similar materials on public or private places, structures, or other surfaces.

Height of sign means the vertical distance measured from the average surrounding grade to the highest point of sign.

Illegal sign means a sign which contravenes this article, including a sign, whether conforming or non-conforming, for which a permit required under this article or a previous ordinance was not obtained.

Industrial districts means the city's zoning districts identified as either "I-1," "I-2" or "PD-1" (planned development means industrial).

Interior property lines means property lines other than those forming a dedicated public right-of-way.

LED (light emitting diode) means an electronic device that emits light when electricity is passed through it similar to a light bulb.

Living sign means a structure, display, drawing, message, plaque or poster held by, under the control of, or attached to a human or animal, located outdoors, for advertising or providing information about a business, commodity, service, product or other commercial activity. A person or animal dressed in a costume for advertising or providing information about a business, commodity, service, product or other commercial activity also shall constitute a living sign, excluding temporary signage associated with an approved special event permit or parade. Living signs do not include activities or structures, displays, drawings, messages, plaques or posters involving non-commercial speech.

Logo means a letter, character or symbol used to represent a person, corporation or business enterprise.

Lot means a parcel, tract, plot or area of land accessible by means of a street or other permanently reserved principal means of access. It may be a single parcel separately described in a deed or plat that is recorded in the office of the county recorder of deeds, or it may include parts of or a combination of such parcels when adjacent to one another and used as one as determined by the community development director.

Multi-tenant building means a building housing two or more tenants where more than 50 percent of the building area is used for, or more than 50 percent of the tenants are engaged in, a commercial or industrial use, including shopping centers, office buildings, business parks, and similar uses.

Mural or mural sign means a painting or graphic art or combination thereof that is professionally applied to a substrate that is attached to a building wall but shall not serve as an advertising device for any goods produced or sold, service rendered, or business conducted, and does not contain:

(1)

Any brand name, product name, or abbreviation of the name of any product, company, profession or business;

(2)

Any logo, trademark, trade name or other commercial message;

(3)

Any direct or indirect depiction of or reference to profanity, nudity or controversial message or content; or

(4)

Any political message or endorsement.

Owner means a person recorded as such on official records and including duly authorized agent or notary, a purchaser, lessee, devisee, judiciary; any person having a vested or contingent interest in the property or business in question.

Premises means a parcel of real estate, including land or land and buildings.

Public art means works of art in any media that have been planned and executed with the specific intention of being sited or staged in the physical public domain usually outside and accessible to all.

Residential districts means the city's zoning districts identified as the "A," "R-1A," "R-1B," "R-1C," "R-1D," "R-1E," "R-2," "R-3B," "PD-R," and "MHD" districts.

Roof line means the highest point of the coping on a flat roof, false mansard or parapet wall. The base of a true mansard roof; base of a gambrel roof; or the base of a gable or hip roof.

Seasonal or special occasion temporary sign means a sign that is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.

Setback means the minimum horizontal distance between either the face of curb, the edge of pavement, or the right-of-way line and the sign structure as specified in a particular section of this chapter.

Shopping center means a building containing four or more shops, stores, or other retail uses, and providing off-street parking facilities in common for all of the businesses and their customers.

Sign means any letter, word, symbol, drawing, picture, design, lighting, electronic images, object, identification, description, illustration or device illuminated or non-illuminated that is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, pennant or placard designed to advertise, identify or convey information, with the exception of window displays, being more than three feet from the front facade of the building and governmental flags and on-premises business flags pursuant to compliance with this chapter. For the purpose of removal, the term "signs" shall also include all sign structures. For the purposes of this article, this definition shall include those signs painted directly upon a building or other structure.

Sign, A-frame, means a temporary portable sign not exceeding three feet in height used during operational hours for tracts zoned "HD-1" and "HD-2."

Sign area means the area of the sign face. The sign area of a multi-faced sign is the sum of the sign areas of each face that can be seen simultaneously from a single location on an adjacent street. If a sign is attached to a building or structure, or suspended or placed in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed upon a building or other structure.

Sign, attached, means a sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roof line.

Sign, construction, means a temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor, or financing institutions of the project.

Sign, direct paint, means a sign face painted directly onto a building face.

Sign, directional, means a sign which indicates a direction for vehicular or pedestrian traffic or other movement.

Sign, directory, means a freestanding sign displaying the collective name of a group of two or more uses such as the title of a multi-tenant building or shopping center.

Sign face means the one dimensional facade, or front elevation, including structural trim, upon which the sign message, logo, design or copy is placed.

Sign, fluttering, means a sign which flutters and includes banners, flags, pennants, or other flexible material which moves with the wind or by some artificial means.

Sign, ground or monument, means any detached sign on the same lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the ground, a ground planter box, or other supports.

Sign, hanging, means any sign hanging entirely beneath a canopy, marquee, a porch or covered walk, or projecting over an entrance.

Sign, illuminated, means any sign that is illuminated by light sources mounted on or in the sign or at a remote location.

Sign, incidental, means an on-premises attached sign or other display providing information on a business located on-premises that is accessory to the business and which does not require permit approval. Examples of incidental signs are as follows: logos of credit cards accepted on the premises, hours of operation, "closed" or "open" signs, street address, or signs of similar nature.

Sign, marquee, means a roof like structure or awning projecting over an entrance.

Sign, memorial, or tablets means the permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication, or other similar information.

Sign, occupational and/or identification, means an attached wall sign not larger than one square foot in area identifying the name of a person occupying a building.

Sign, off-premises, means all signs, which advertise products, or businesses, that are not located on the same premises as the sign.

Sign, on-premises, means a sign advertising a product sold or business located on the same premises as the sign. For purposes of this definition, the "premises" is the lot of record as shown on the site plan approving the facility or business upon which the on-premises sign is located.

Sign, pole, means any detached sign located on the same lot or parcel as the use it advertises that is supported by one or more stationary poles no taller than 30 feet above the mean grade line of the ground at its base.

Sign, primary, means a pole sign, ground or monument sign, attached sign, and projecting sign.

Sign, projecting, means any sign, which projects more than 12 inches beyond the plane of the wall on which the sign is erected or attached, that is supported or mounted by a pole and bracket assembly.

Sign, promotional, means a device, item or thing intended to attract the attention of the passing public, such as inflatable devices, living signs, or things that flutter or are made of flexible materials which move with the wind or by some other artificial means, including, but not limited to, pennants, banners, balloons, whirligigs, streamers and flags other than governmental and trademark flags as defined elsewhere in this section.

Sign, residential construction project, means any temporary sign that provides direction to any residential development under construction, or promotes the residential development on the project site.

Sign, roof, means any sign erected or painted on a roof but excluding marquee and canopy signs and wall signs. The generally vertical plane of a false mansard-type roof shall be interpreted as the same as a wall of a building.

Sign structure means the sign and all parts associated with its construction.

Sign, subdivision identification, means a permanent ground sign identifying a subdivision entry, subdivision name, or street names within the subdivision.

Sign, temporary, means any sign intended for a limited or intermittent period of display, made of none-rigid material. For purposes of this article, the term "temporary" means three months or less.

Sign, window, temporary, means a temporary sign of any type of material, film or fabric, affixed to the inside of an exterior window or glass door, advertising for goods or services conducted on the premises attached to or within three feet of the glass surface visible from a public right-of-way. Sun shade or other window coverings without text, images or graphics are not determined to be signage applicable to this definition.

Signs, variable message, means any mechanical advertising displays with two or more separate faces that can be programmed to move in several ways at different time intervals in order to vary the message displayed.

Special displays means signs not exceeding 32 square feet, used for holidays, public demonstrations, or promotion of civil welfare or charitable purposes. The term "special displays" does not include living signs.

Standard outdoor advertising structure and/or billboard means any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, or other activity not conducted, sold or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings or supported by uprights or braces on the ground. Permitted directional signs and signs exempted under section 405.1190 are excluded from this definition.

Street means a public or private thoroughfare, which affords the principal means of access to abutting property.

Street banner means a piece of cloth, vinyl or other material bearing a message, logo, motto, legend or name of sponsoring group, business or person and that is attached to a utility or light pole or other object located in the right-of-way along or over city streets.

Traffic directional sign means any sign which aids the flow of traffic.

Use means the purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.

Zoning code means the zoning regulations of the city and the current zoning district map related thereto.

(Code 2006, § 405.590; Code 2008, § 405.590; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 2484, § 2, 3-22-2006; Ord. No. 2515, § 1, 4-26-2006; Ord. No. 2665, § 3, 12-27-2006; Ord. No. 2782, § 2, 9-26-2007; Ord. No. 2950, § 2, 11-19-2008; Ord. No. 3040, §§ 1—3, 12-9-2009; Ord. No. 3167, § 3, 8-24-2011; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 3187, §§ 3, 4, 9-28-2011; Ord. No. 3202, § 9, 1-25-2012; Ord. No. 3298, § 2, 5-22-2013; Ord. No. 3578, § 1, 3-9-2016; Ord. No. 4033, § 7, 11-20-2019)

(a)

Administration.

(1)

Except where herein otherwise stated, the provisions of this article shall be administered by the community development director, or by deputies of his department as the board may designate to enforce provisions of this article.

(2)

The community development director (or authorized representative) is hereby empowered to enter upon any land in the city for making inspections, examinations, and surveys, or to place and maintain thereon markers, notices, or signs required to enforce provisions of this article. The above-authorized person shall be required to present proper credentials, upon demand, when entering upon any land or structure for this article.

(b)

Duties of the community development director.

(1)

The community development director shall have the power to issue sign permits in accordance with the provisions of this article, and to make inspections of buildings or premises necessary to carry out duties in the enforcement of this article.

(2)

If the community development director determines that any of the provisions of this article are being violated, notice in writing shall be given to the persons responsible for such violations, indicating the nature of the violation and stating action necessary to correct it. The director shall order discontinuance of illegal signage; or removal of illegal signage.

(3)

If the community development director determines that a sign is unauthorized and displayed within the city right-of-way or on city property without permission, such sign may be removed by the director (or authorized representative) without notice. These signs may be disposed of if unclaimed within seven days.

(c)

Permit required.

(1)

It is unlawful to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, or moving of any sign or sign structure or any portion thereof with the exception of signs in section 405.1190 without first having applied in writing and to receive approval of a sign permit by the community development director. Primary responsibility for securing the necessary permit rests with the property owners. If the property owner contracts part or all of the proposed work, it shall become the responsibility of the person or firm hired to obtain all required permits and approvals prior to starting work.

(2)

Forms shall be provided by the community development director for applicants of a permit as provided in this article. Any permits issued by the community development director shall be on standard form for such purpose. The board of aldermen has created a separate permit for each sign to be constructed, altered, or erected. All attached building signage may be combined on one permit for any one business.

(3)

A sign permit shall expire if construction work has not commenced within six months after the date of issuance of the permit or if construction has not been completed within one year of the time of issuance.

(4)

Filing fees for the various procedures and applications addressed in the city's sign regulations are to be submitted by applicants at the time of submission of the sign permit application. The community development director is authorized to set the application fee in an amount determined to cover the city's expenses incurred in processing the application or submission at issue, including, but not limited to, administrative and clerical costs, costs of title research, surveys, legal, engineering and planning review, cost of traffic and planning consultants employed by the city, publication expenses, expenses of notification to adjoining property owners, expenses of hearings, including, if necessary, court reporter, if requested by either the city or the applicant, and other investigations deemed necessary by the city. No permit shall be issued until the applicable fee is paid in full, except that no fee shall be assessed for temporary signage issued by the city pursuant to regulations of section 405.1270(b). In the event the fee or deposit noted are insufficient to pay all such expenses incurred by the city, the community development director may document additional costs incurred by the city and request payment of same within 30 days.

(d)

Voiding of sign permit. A permit may be revoked by the community development director at any time prior to the completion of the sign, when there is departure from the plans, specifications, or conditions as required under terms of the permit; or it was procured by false representation; or that any provisions of this article are being violated. Written notice of such revocation or stop work order shall be served upon the owner, his agent, or contractor, or upon any person employed on the property for which such permit was issued, and shall be posted in a prominent location.

(e)

Compliance with sign permits. Sign permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in the approved plans and applications. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article as provided herein.

(f)

Violations. If it is found that a sign is erected in violation of this article, the community development director, or designee, shall give notice to the owner of the sign; or if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located; or, if the sign erection is not complete to the sign erector, personally or by United States mail, or by posting a notice on the premises stating:

(1)

The violations found;

(2)

The violations must be brought into compliance within the requirements of this article and all other city ordinances within ten days from the date of such notice;

(3)

A list of requirements which must be met; and

(4)

The person found to be in violation of any provision of this article shall be subject to a fine of $500.00, or up to 90 days' imprisonment, or both, with each day of such violation constituting a separate offense without further notice being required.

(Code 2006, § 405.595; Code 2008, § 405.595; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 1918, § 7, 12-11-2002; Ord. No. 2919, § 6, 8-27-2008; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 3298, § 4, 5-22-2013)

Any sign legally existing prior to enactment of this article and in violation of any provision of this article, may continue to be maintained and used after passage of this article subject to the following provisions:

(1)

Enlargement. No non-conforming sign shall be enlarged, expanded, or extended to occupy a greater square footage or height than was occupied on the date of adoption or amendment of this article.

(2)

Relocation. No non-conforming sign shall be moved in whole or in part to any other portion of the lot, parcel or building not so occupied on the date of adoption of this article, except that any such sign that is hereafter required to be moved by a governmental body for construction, relocation, widening, or improvement of a street, highway, or other public purpose, may be relocated once and allowed to be maintained and used as before.

(3)

Discontinuance. If the business or service advertised or identified by a non-conforming sign ceases to be conducted for a period exceeding 30 calendar days, the non-conforming sign shall be classified as an abandoned sign and removed. See section 405.1240(d).

(4)

Destruction. Should any non-conforming sign be destroyed by any means to an extent of up to 50 percent of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this article.

(Code 2006, § 405.600; Code 2008, § 405.600; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 2782, § 5, 9-26-2007)

(a)

Structural requirements. All signs shall comply with the pertinent requirements of the city building code.

(b)

Safety. Any existing sign that is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition, or which obstructs any fire escape, window, or door, is subject to immediate removal by the community development director without notice and at the expense of the property or sign owner.

(c)

Maintenance. Each sign shall be maintained in a safe, presentable and workmanlike condition. All existing signs shall be maintained in good condition free from rust or corrosion, chipping paint and non-working components. Visual deterioration or structural damage of a sign shall be repaired within 45 days of occurrence or within ten days' notification by the community development director.

(d)

Abandoned signs. Any sign or sign structure which advertises a business no longer conducted or service no longer rendered, or a product no longer sold on the premises or lot shall be classified an abandoned sign and shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is located within 30 days following written notice by the community development director concerning its removal.

(e)

Illumination. Direct or reflected light from primary light sources shall not create a traffic hazard to operators of motor vehicles on public thoroughfares, or create glare on residential uses.

(f)

State right-of-way requirements. All signs erected within the jurisdiction of state right-of-way requirements shall meet both state, county and city requirements.

(g)

Architectural appearance. Brickwork, stonework, or similar accent material utilized to enhance the attractiveness of pole or ground signs is permitted and not calculated toward the overall sign area calculation. The above accent material shall be accomplished within reason not to violate the spirit and intent of this section.

(h)

Sign area calculation.

(1)

Freestanding signs (pole, ground-mounted, projecting).

a.

Sign area for all freestanding signs consists of the entire surface area of the sign on which items of information could be placed and viewed simultaneously. The supporting structure architectural design features or bracing of a sign shall not be counted as a part of the sign face area unless such structure or bracing is made a part of the sign's message. Where a sign has two display faces back to back, the area of only one face shall be considered the sign face area.

b.

Where a sign has more than one display face not back to back, the maximum area, which can be viewed simultaneously from any point, shall be considered the sign face area.

(2)

Attached signs. Sign area for all attached signs shall be the area of the smallest square or rectangle that can encompass all items of information.

(i)

Sign placement within or on an existing frame. All signs designed for a pre-existing structure or frame shall be designed to fit the frame or structure as though it were the original sign. Any portion of any sign or unused remaining frame or structure shall be subject to removal under the conditions for abandoned signs.

(Code 2006, § 405.610; Code 2008, § 405.610; Ord. No. 1761, § 1, 5-23-2001)

(a)

Allowable signs.

(1)

Subdivision identification signs. Two permanent subdivision identification signs located on the property developed not exceeding 96 square feet in area shall be allowed per development. Such signs shall be allowed back to back or V-shaped. Where the development has access on two or more streets, or has more than one entrance on one street, identification shall be allowed at each entrance, at a location approved by the community development director, or his designee, and compliant with section 405.380(f) provisions.

(2)

Church, public or semi-public buildings, or public park identification sign. Not more than one ground sign not exceeding fifty (50) square feet in size per face. Said sign may include an electronic message center provided it complies with the provisions of section 405.1260(a)(3)(b). Attached building signage is permitted provided such signs comply with the provisions of section 405.1260(a)(2).

(3)

Construction sign. Not more than one sign per street frontage not exceeding 32 square feet in size per face.

(4)

Residential project construction signs.

a.

Promotional sign. One sign not exceeding 120 square feet per face, located at the main entrance to the subdivision or project site. Such signs shall be allowed back-to-back or V-shaped.

b.

Off-premises directional signs. These signs are intended to direct potential home buyers to an individual project site. These signs may be approved by the community development director upon submission by the project's developers of a plan showing the proposed dimensions and location of the signs, provided that the directional signs meet the following criteria:

1.

Signs shall not exceed 32 square feet in area and shall be located at the intersection of primary public streets or upon a city-approved location.

2.

Permitted information upon an off-premises directional sign shall only pertain to the residential development.

3.

Multiple signs at any intersection or approved location shall be grouped or constructed to utilize the same set of supports per parcel.

4.

Overall square footage of a sign structure whether multiple signs at 16 square feet or 32 square feet shall be 128 square feet per face. Thereby per sign face an approved location may be occupied by four individual 32 square feet signs or eight individual 16 square feet signs.

5.

The sign structure shall not exceed 12 feet in overall height from average grade.

6.

Signs may be back-to-back or V-shaped.

7.

No location shall contain more than two sign structures.

8.

These signs are not permitted for commercial/business advertisement and, to the extent any sign permitted under this section is adjudged to be a commercial sign, any non-commercial message may be substituted for the message on any such commercial sign. Furthermore, it is the intention of these sign regulations that any other non-commercial message may be substituted for any non-commercial message on any sign permitted by this chapter.

9.

These signs shall be out of any applicable rights-of-way, out of the applicable sight triangles and shall require the approval of the property owner.

10.

Individual signs located upon a city-approved location and not included within a grouped sign structure (kiosk) shall be limited to four.

Such signs shall be removed when 98 percent of the lots or dwelling units have been sold or three or less lots remain, whichever circumstance occurs later.

(5)

Directional signs. Two permanent signs per entry/exit within a development, used to identify facilities or amenities in close proximity to the facility or amenity. Signs shall not exceed six square feet and be no higher than three feet.

(6)

Memorial or tablet sign. One sign not exceeding six square feet in size per face unless such signs are installed by the federal, state, county, or city government or agencies thereof. No such sign shall exceed six feet in height.

(7)

Property real estate signs. One sign per residential platted lot developed or undeveloped not exceeding six square feet in size per face. One sign not exceeding 32 square feet per undeveloped tract or parcel advertising the sale, rental, lease, or future use of real estate and located on the property advertised. The sign shall be removed ten days following the date of closing or lease.

(8)

Special displays and other temporary signs. See section 405.1270(b).

(9)

No trespassing sign. Signs not exceeding two square feet in size per side or a height of four feet from the ground, which prohibit trespassing, or indicate privacy of premises, driveways, or streets.

(10)

Home occupation sign. Non-illuminated home occupation wall sign not exceeding one square foot wall-mounted on the dwelling.

(11)

Official government flags.

(b)

Location and height.

(1)

No sign placed upon the ground shall be located closer than ten feet to any property line and shall meet the sight triangle requirements of section 405.380(f), notwithstanding requirements of section 405.1250 for permanent subdivision monument signage.

(2)

No sign attached to the wall of a building or other structure shall extend above the roof line of that building or structure.

(3)

No sign shall exceed eight feet in height from the surrounding grade to the highest point of the sign, except as provided for elsewhere in this section.

(c)

Residential construction project signs.

(1)

On-site sign. Such sign shall be removed either at the time the permanent subdivision entrance sign is erected, or when 98 percent of the lots or dwelling units have been sold, or three or less lots remain, whichever circumstance occurs later.

(2)

Off-site signs. Such signs shall be removed either within two years from the date of issuance of the sign permit, or when 98 percent of the lots or dwelling units have been sold, or three or less lots remain, whichever occurs later.

(Code 2006, § 405.620; Code 2008, § 405.620; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 1918, § 7, 12-11-2002; Ord. No. 3120, § 1, 1-26-2011; Ord. No. 3121, § 1, 1-26-2011; Ord. No. 3126, § 1, 1-26-2011; Ord. No. 3187, §§ 5, 6, 9-28-2011; Ord. No. 4033, § 6, 11-20-2019)

(a)

Allowable signs.

(1)

General. All signs permitted in section 405.1250(a).

(2)

Attached signs. One attached sign not to exceed the allowed square footage of the below table depicting the sign area and percentages upon the building face on which it is placed. For buildings other than multi-tenant buildings, additional attached signs will be permitted for all additional street frontages to the building or other walls that contain a customer entrance or face customer parking areas up to a total of three attached signs, and provided no additional attached sign shall exceed the maximum area and percentages of the below table. In the instance of through lots, when parcels have rear lot line street frontage, one additional attached sign will be permitted for the rear lot line frontage. For multi-tenant buildings, see subsection (c) of this section.

(3)

Ground-monument signs.

a.

Number, size. One ground-mounted sign per lot is permitted in the "C-O," "C-1," "HF," "WP," "HD-1," "HD-2," and "HD-3" districts and within the "C-2," "C-3," "I-1" and "I-2" zoning districts in lieu of the pole sign authorized in subsection(a)(4) of this section. The ground/monument sign shall not exceed 40 square feet per sign face unless a larger size is expressly permitted by any overlay district applicable to the site.

b.

EMCs. Notwithstanding the prohibitions set forth in section 405.1200, in the zoning districts where ground signs are permitted but excluding the Village Center, industrial and residential zoning districts, the community development director may approve a ground (or monument) sign with an electronic message center subject to any conditions the community development director may deem necessary and subject to the following general requirements:

1.

The EMC will serve a use within a development consisting of a minimum of one acre;

2.

The EMC may not be placed on buildings or pole signs or within buildings to be viewed from the public right-of-way;

3.

The maximum size for the EMC portion of any such ground sign is 20 square feet (per face);

4.

One EMC may be placed on each side of a multi-faced ground sign;

5.

An EMC will be permitted at only one location on any one lot within the development;

6.

The maximum height of the top of any approved ground sign with an EMC shall be six feet;

7.

An EMC ground sign must be set back at least ten feet from all property lines and must be positioned on the requested site so that the EMC portion of the sign does not cause glare or reflection on any portion of an adjacent roadway or residential property or otherwise present a safety hazard or public nuisance;

8.

EMC signs may be used to advertise only those goods and services offered on site or for display of information specifically related to city-sponsored events or activities with the permission of the city;

9.

EMC messages must be displayed for a minimum of one minute for each item shown or information displayed in the EMC. Message changes shall be instantaneous without dissolving, growing, melting, traveling up or down scrolling, fading or any other movement in text;

10.

The lighting color of text on EMC signs is limited to amber or red pixel on black background only;

11.

The brightness of EMC signs shall automatically adjust via photocell for use during daylight hours and non-daylight hours. No sign may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. The maximum permitted brightness for electronic message boards is 5,000 NIT (candela per square meter) as measured from the sign's face perpendicular to the rays of the source at maximum brightness during daylight hours and 500 NIT during non-daylight hours. The lighting and other specifications for a proposed EMC directory sign shall be submitted with the application for directory sign proposing to incorporate an EMC.

c.

Exceptions. The planning and zoning commission may modify the requirements of subsections (a)(3)b.3, 6 and 7 of this section if the purpose of this article would be better served.

(4)

Pole sign. One pole sign per lot not exceeding 64 square feet per face is permitted in the "C-3," "I-1" and "I-2" zoning districts. One pole sign per lot not exceeding 38 square feet is permitted in the "C-2" zoning district.

(5)

Supplementary/identification signs. Attached secondary identification signs displaying supplementary identification information such as the occupation, service or product located upon the premises. The maximum area of the one primary attached sign (see subsection (a)(2) of this section) and secondary signs shall not cumulative exceed the maximum square footage allowed in subsection (a)(2) of this section, excluding temporary signs. The maximum number of secondary signs (supplementary/identification signs) shall be limited to four.

(6)

Temporary window signs. Shall not cover more than 50 percent of the total window area or door to which they are applied, per building face/wall and shall be mounted on the interior and maintained in good condition.

(7)

Directories.

a.

For multi-tenant buildings, pole signs are prohibited; however, a directory sign may be permitted in any zoning district other than a residential district subject to review and approval by the planning and zoning commission relative to height, overall square footage, appearance, placement, and building materials. For developments having a secondary street frontage on a primary arterial or collector roadway, one additional directory may be requested and approved by the planning and zoning commission under the same process.

b.

Notwithstanding the prohibitions set forth in section 405.1200, the planning and zoning commission, pursuant to site plan review, may approve electronic message centers as part of a directory sign (hereinafter referred to as an EMC directory sign) subject to any conditions it may impose and subject to the following:

1.

The EMC directory sign will serve the uses within a development consisting of a minimum of two acres;

2.

Permanently placed EMC directory signs shall be allowed in the "C-1," "C-2," "C-3," "WP," "HF," "PD-C" and "PD-MXD" zoning districts only;

3.

EMC directory signs may not be placed on buildings or pole signs nor placed within buildings to be viewed from the public right-of-way;

4.

For each side of a two-faced directory sign, the maximum size the EMC portion of an EMC directory sign is 20 square feet, which size must be calculated as part of the maximum total sign surface area of the entire directory sign;

5.

An EMC directory sign will be permitted at only one location on any one lot within the development;

6.

EMC directory signs must be set back at least ten feet from all property lines and must be positioned on the requested site so that the EMC portion of the sign does not cause glare or reflection on any portion of an adjacent roadway or residential property;

7.

EMC signs can be used for text messages only. Display of cartoon figures or other animation is prohibited. Use of graphic functions such as explode, swirl, flash, grow, melt, X-ray, scroll (up or down), write-on, travel, inverse, roll, twinkle, snow or other animation and the presentation of pictorials is prohibited;

8.

EMC signs may be used to advertise only those goods and services offered on site or for display of information specifically related to city-sponsored events or activities with the permission of the city;

9.

The lighting color of text on EMC signs is limited to amber or red pixel on black background only;

10.

EMC messages must be displayed for a minimum of one minute for each item shown or information displayed on the EMC. Message changes shall be instantaneous without dissolving, growing, melting, traveling up or down scrolling, fading or any other movement in text;

11.

The brightness of EMC signs shall automatically adjust via photocell for use during daylight hours and non-daylight hours. No sign may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. The maximum permitted brightness for electronic message boards is 5,000 NIT (candela per square meter) as measured from the sign's face perpendicular to the rays of the source at maximum brightness during daylight hours and 500 NIT during non-daylight hours. The lighting and other specifications for a proposed EMC directory sign shall be submitted with the application for directory sign proposing to incorporate an EMC.

c.

For developments consisting of 30 acres or more, the planning and zoning commission, pursuant to site plan review, may further approve an animated sign portion for any approved EMC directory sign provided that:

1.

The animated portion of the EMC directory sign may advertise only goods and services offered on site, may display animation for each item shown for no less than one minute, and shall comply with the provisions of subsections (a)(7)b.1—6 of this section; and

2.

To fullest extent possible, no light from an EMC sign shall exceed one-half footcandle at the property line on which the sign is situated and the brightness of animated portion of the EMC sign must automatically adjust via photocell for use during daylight hours and non-daylight hours. The maximum permitted brightness for electronic message boards is 5,000 NIT (candela per square meter) during daylight hours and 500 NIT during non-daylight hours. The lighting and other specifications for a proposed EMC directory sign shall be submitted with the application for directory sign proposing to incorporate an EMC.

d.

Exceptions. The planning and zoning commission may modify the requirements of subsections (a)(7)b.4 and 6 of this section if the purpose of this article would be better served.

(8)

Construction sign. Construction project sign not exceeding 32 square feet and not exceeding eight feet in height.

(9)

"HD-1" Historic Downtown Core District. One ground-mounted sign not exceeding 16 square feet per face or one projecting sign not exceeding 16 square feet per face shall be permitted on each lot within a "HD-1" Historic Downtown Core District. Any such projecting sign shall afford a minimum clearance of ten feet above the sidewalk or ground elevation. Notwithstanding subsection (b)(3) of this section, ground-mounted signs within a "HD-1" Historic Downtown Core District may be located in a front yard in any location behind the lot or street right-of-way line.

(10)

"HD-2" Historic Downtown Corridor District. Either one pole sign not exceeding 38 square feet per face nor 24 feet in height or one ground-mounted sign not exceeding 50 square feet per face, or one projecting sign not exceeding 16 feet per face shall be permitted on each lot in a "HD-2" Historic Downtown Corridor District. Notwithstanding subsection (b)(3) of this section, ground-mounted signs within a "HD-2" Historic Downtown Corridor District may be located in a front yard in any location behind the lot or street right-of-way line.

(11)

Direct paint signs. Any lot in the "HD-1" Historic Downtown Core District or the "HD-2" Historic Downtown Corridor District may display a direct paint sign provided that:

a.

Any permit application for a direct paint sign shall include:

1.

The name, address and telephone number of the sign contractor and the owner and occupant of the premises where the direct paint sign is to be displayed; and the date on which it is to be displayed.

2.

A drawing to scale that shows:

(i)

All existing signs displayed on the premises; and

(ii)

The location, design and size of the proposed direct paint sign.

3.

Specifications for the design and display (including colors) of the proposed direct paint sign.

No permit for a direct paint sign shall be granted if the proposed sign specifications do not conform to the requirements of this subsection. Any unauthorized departure in construction of the direct paint sign from the specifications or permit requirements shall be enforced consistent with section 405.1220.

b.

A direct paint sign shall only be allowed:

1.

In lieu of an attached sign where additional signage is allowed under subsection (a)(2) or (c)(3) of this section; or

2.

On a wall which faces the customer parking area for the lot on which it is located.

Other than in subsection (a)(11)b.2 of this section, the display of a direct paint sign shall not result in an increase of the total amount of signage otherwise allowed for the specific lot or use.

c.

No lot or use may display more than one direct paint sign.

d.

The display of a direct paint sign shall not be allowed on any building face already served by an attached sign, ground sign, pole sign, projecting sign, hanging sign, canopy or marquee sign.

e.

The direct paint sign shall conform to the size limitations for attached signs provided in subsection (a)(2) of this section.

f.

The direct paint sign shall exhibit a high level of craftsmanship. The location, size, appearance and design of the sign shall be compatible with the surrounding neighborhood. Any direct paint sign proposed for a historic structure, neighborhood or district shall be located, designed and appear historically accurate for the respective design period or theme of the historic structure, neighborhood or district and shall not cause significant physical damage to any historically significant structure.

g.

The direct paint sign may only be applied to building faces constructed of masonry.

h.

The direct paint sign shall not be externally illuminated.

i.

The direct paint sign shall be kept in good condition. Damage to the direct paint sign, including, but not limited to, chipped paint, shall be repaired immediately. Failure to repair a direct paint sign within a reasonable time, including, but not limited to, the safe and proper removal of chipped paint, shall be a violation of this chapter subject to penalties under article XI of this chapter.

(12)

Mural signs. One or more mural signs may be displayed upon a building on any lot in the "HD-1," "HD-2" or "HD-3" Historic Downtown District, provided that:

a.

Such mural sign shall be reviewed, approved, constructed and displayed in a manner consistent with this chapter, including, without limitation, review by the downtown committee, planning commission, and approval by the board of aldermen.

b.

The planning commission shall seek design review by the downtown committee prior to the planning commission's review.

c.

A mural will be reviewed by the planning commission following design review by the downtown committee, and a recommendation shall be made by the planning commission to the board of aldermen for its approval or denial.

d.

A color sketch that is to scale of the proposed mural and reflecting its placement upon the building wall elevation shall be provided prior to review by the planning commission.

e.

Murals shall be permitted on the side or rear walls of buildings. In the instance of corner lots, whereby a building may have secondary roadway frontage to the primary building, murals may be permitted on the secondary street frontage under design review of the downtown committee in their recommendation to the planning commission.

f.

Permission of a building owner, in writing, must be obtained and submitted along with the mural application before review by the planning commission.

g.

Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause, ballot measure or political candidate or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction. The name of the business establishment within the mural at a size no greater than three percent of the overall mural will not constitute commercial speech under this section. For those mural applications that may contain limited commercial elements, the downtown committee shall be responsible to determine if the business on which the mural is located relocates, would the mural still be good quality art and something the historic downtown community would want to remain? If so, the mural's limited commercial element is not considered commercial speech or advertisement but rather pure art.

h.

Murals shall be allowed on building walls as governed by [subsection] (12)e of this section, and under review and guidance of the downtown committee and the planning commission as to whether there is sufficient wall space for the mural. The presence of one or more existing wall signs allowed by section 405.1260 for on-premises business signage shall not be interpreted to automatically prohibit the mural application, although such wall signs shall be considered as part of the review of the application. In determining the appropriateness of murals on the same wall with permissive attached business signage, the downtown committee shall be required to determine if the business located in the building on which the mural is to be installed relocates, would the mural still be good quality art and something the historic downtown community would want to remain?

i.

Murals that contain any direct or indirect depiction of or reference to nude or inappropriately partially nude persons, profanity or controversial messages are prohibited.

j.

An applicant shall demonstrate that the material to be utilized in painting a mural shall have proven durability and shall be maintained by the property owner or removed by the property owner if not maintained as determined by the building official.

k.

The city may require a bond from the property owner for assurance that such mural is maintained or will be removed if not properly maintained.

l.

Reasonable lighting of a mural may be permitted, provided it is not of an intermittent or flashing type, is not excessive and does not result in substantial glare.

m.

Graffiti shall not be considered a mural and shall not be permitted.

n.

Mural signs must be placed on a substrate material such as exterior plywood, hardboard, vinyl or metal. The substrate material may then be permanently attached to a wall. Any other mounting approach or application shall be subject to review as part of the application review and approval process.

o.

Any new mural that was not processed through the mural application process or was installed without receiving proper approval, shall constitute a violation of the Code of Ordinances and shall be subject to penalty pursuant to the general penalty provisions of section 100.190 of the Code. The property owner will also be required to go through the review process established in this section. Property owners will have 30 days after receiving notification to submit a mural application after which the mural will be deemed a sign and subject to all permitting requirements of article XII of the City Code. Any retroactive mural application will be required to comply with all mural guidelines and must receive board of aldermen approval. Murals that are installed without approval and subsequently fail to be approved must be removed at the property owner's expense within thirty (30) days after the denial.

(13)

Public art. Any lot in the "HD-1," "HD-2" or "HD-3" Historic Downtown District may display public art, provided that:

a.

Such public art shall be reviewed, approved, constructed and displayed in a manner consistent with this chapter, including, without limitation, review by the downtown committee and planning commission, and approval by the board of aldermen.

b.

The planning commission shall seek review of public art by the downtown committee prior to the planning commission's review.

c.

Public art will be reviewed by the planning commission following design review by the downtown committee and a recommendation shall be made by the planning commission to the board of aldermen for approval or denial.

d.

Public art shall not constitute a hazard to the public.

e.

Public art shall be located so as not to hinder access or sight-distance on public streets or rights-of-way.

f.

Public art shall not serve as an advertising device for any product, business, political candidate or ballot measure.

g.

Public art that contain any direct or indirect depiction of or reference to nude or inappropriately partially nude persons, profanity or controversial messages shall be prohibited.

h.

Public art shall be of durable construction and shall be:

1.

Maintained by the property owner or removed by the property owner if not maintained for public art displayed on private property; and

2.

Maintained by the artist or removed by the artist if not maintained for public art displayed on public property. If such public art is not properly maintained or is not removed by the artist, the city shall have the authority to remove such public art from public property as determined by the building official.

i.

Reasonable lighting of public art may be permitted, provided it is not of an intermittent or flashing type, is not excessive and does not result in substantial glare.

j.

The city may require a bond from the artist or property owner for assurance that such public art is maintained or will be removed if not properly maintained.

(14)

Mural and public art design/content/materials.

a.

Any proposed mural or public art to be displayed upon a building, private property or public property shall be an original work of art. The mural or public art shall be designed and constructed under the supervision of a qualified artist/muralist or other qualified professional who has sufficient knowledge and experience in the design and execution of such projects, as well as with the application of the selected medium. Any mural must exhibit exceptional design, content, material, and application standards, while incorporating high-quality materials that will enhance the overall development and appearance of the site. The materials used may be, but are not limited to, paint and other artistic mediums such as tile or mosaic original digital images, and low-relief sculpture. All materials must be appropriate for its outdoor location and climate, with special considerations for longevity and if possible, graffiti-resistant.

b.

The colors used should be complementary in accentuating the historical character of the downtown area and be consistent with a chosen theme. The design, location, scale, and content of the mural or public art should be in keeping with and enhance the building, wall, fence or boarding on which it is located, as well as the local environment. The mural or public art shall not obscure or detract from the significant architectural features of the structure or have an adverse effect on adjacent properties or facing properties. The mural or public art content should enhance our community and contribute to the unique character and quality-of-life in the city.

(b)

Location and height.

(1)

Attached signs. Shall be face-mounted on the building wall, projecting not more than 12 inches from the face of the building. Such signs shall not project above the parapet wall, mansard, or other roof line, and shall maintain a clearance of ten feet above the ground or pavement.

(2)

Projecting sign. Shall be mounted to the face of a building fronting a public street, projecting not more than five feet from the structural face of the building. Such sign shall not project above the parapet wall, mansard or other roof line, and shall maintain a clearance of ten feet above the ground or pavement.

(3)

Ground-mounted sign. Such signs shall not exceed six feet in height from the surrounding grade to the highest point on the sign and shall be located no closer than ten feet to any property line. Such signs shall meet the sight triangle requirements of section 405.380(f) and shall not be located so as to obstruct vision at a vehicular entry or exit from the property.

(4)

Pole signs. Such signs shall not exceed 30 feet in height and shall be no closer than ten feet to any property line. The bottom of the sign shall be at least ten feet above the surrounding grade.

(5)

Occupational/identification signs. Such signs shall conform to the locational requirements of subsection (b)(1) of this section.

(c)

Other requirements.

(1)

Each building or property shall be allowed a maximum of two primary sign types conforming with the requirements of these sign regulations, chosen from either attached signs, a ground-mounted sign, a pole sign, or a projecting sign. Window signs, occupational, identification and directional signs as regulated by this section are excluded from this maximum of two signs.

(2)

Buildings with multiple occupancy. For buildings or property containing more than one business or tenant, each business or tenant may have an attached sign conforming to the requirements of this section. For the purposes of determining the total square footage of the attached sign, only the face of each respective lease unit to which the respective sign will be attached shall be counted. Each sign must be attached to the lease unit containing the business or tenant identified.

(3)

Each multi-tenant building may have one additional attached sign conforming to the requirements of this section for the tenant space that is the end unit of the multi-tenant building associated with an additional street frontage to the building.

(4)

A menu board is permanently mounted sign advertising the bill of fare for a restaurant, drive-in or drive-thru restaurant. Freestanding menu boards shall not exceed six feet in height. Menu boards shall not exceed a cumulative size of 80 square feet in area. Freestanding menu boards shall have a mounted base and shall have a landscaped area at the base of the sign equal to at least two square feet for each square foot of sign area. Menu boards shall be located in a manner which provides the least impact on adjacent or nearby land uses.

(5)

All pole and monument signs shall require a landscape area equal to two square feet for each square foot of sign area. This landscape area shall be located around the base of the sign and shall be surrounded by a six-inch high vertical concrete curb, or appropriate alternative as approved by the community development director.

(Code 2006, § 405.625; Code 2008, § 405.625; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 1843, § 6, 3-27-2002; Ord. No. 1918, § 7, 12-11-2002; Ord. No. 2134, § 4, 6-23-2004; Ord. No. 2135, § 4, 6-23-2004; Ord. No. 2265, § 5, 1-27-2005; Ord. No. 2484, § 3, 3-22-2006; Ord. No. 2782, § 4, 9-26-2007; Ord. No. 2822, §§ 1—3, 1-23-2008; Ord. No. 3187, §§ 7—12, 9-28-2011; Ord. No. 3298, §§ 3, 6, 7, 5-22-2013; Ord. No. 3578, § 2, 3-9-2016; Ord. No. 4033, § 7, 11-20-2019; Ord. No. 4336, § 3, 11-30-2022)

(a)

Automobile and truck service stations; convenience stores with gasoline pumps.

(1)

Accessory advertising signs.

a.

One price sign per pump island not exceeding six square feet per face per sign, located upon the canopy support post or attached to the pump.

b.

One price sign as a component of the permitted pole sign not exceeding ten square feet per face.

c.

In those instances where digital price signs are utilized, such signs shall be constant in nature, and shall not travel, flash, inverse, write-on, up or down scroll, roll, grow, melt, X-ray, twinkle, snow, or otherwise change its nature.

(2)

Reserved.

(3)

Other required signs. Federal and state stamps, octane ratings, pump use directions, and no smoking signs, as required by federal, state and local authorities, shall be placed upon the body of the gasoline pump, or as required by the respective governmental authority.

(4)

Other requirements.

a.

Canopy use. An attached or detached canopy may be used for the location of brand identification sign(s), or as an alternative location for price signs, or company logos, not to exceed twenty (20) square feet per canopy face.

b.

Portable signs. The use of portable signs for advertisement is specifically prohibited.

(b)

Temporary signs and special or seasonal displays.

(1)

Number of signs. In any non-residential or agricultural district, no more than two of the following types of temporary signs on-premises to the business may be approved by the director of community development. No more than one of any type of temporary sign may be used concurrently. Temporary signs may not exceed 32 square feet in sign area, except a balloon inflatable for promotional events. Duration of use under the permit issued to any applicant shall be compliant with the below criteria related to the type of signage permitted. Use of the temporary signs beyond the declared timeframe, or in excess of the maximum allowed size may only be permitted upon review and approval by the planning and zoning commission. Temporary signage permitted under this section shall be subject to the following:

a.

A banner or promotional sign, as defined in section 405.1210, attached to the primary building or positioned or located on premises to the business establishment and which signage:

1.

Shall have an overall signage area not to exceed 32 square feet;

2.

Shall have a height not to exceed the roof line/height of the primary building on the premises; and

3.

Shall be setback from the public right-of-way a minimum of ten feet.

b.

Signs announcing openings, or balloons used for promotional events.

c.

In addition to the conditions in subsection (b)(1)a of this section pertaining to all promotional signs, living signs shall not be located within 300 feet of the intersections of right-of-way of primary arterial or collector roadways as depicted on the city thoroughfare plan (map #6 of the comprehensive plan).

(2)

Duration of use and permit administration. Temporary signage permitted by this section may be used for a period not to exceed 30 calendar days for each permit issued. Applicants may submit to the community development director a request for review of a quarterly permit under subsection (b)(4) of this section. In no instance shall temporary signage per premises be used under this section more than 240 days per calendar year. Evidence of compliance with this section is a production of a valid permit issued by the community development department.

(3)

Exceptions. The following temporary signs are exempt from the requirements of this section:

a.

Special events and the associated signage approved via section 405.480(d)(6) requirements or events sponsored or co-sponsored by the city;

b.

Persons acting pursuant to an order or process of a court of competent jurisdiction;

c.

Any business that operates pursuant to an approved development plan that allows and regulates the display and sale of outdoor goods; and

d.

Other temporary signs reviewed and approved via independent application by the planning and zoning commission.

(4)

Quarterly permit administration. Applicants for use of temporary signs may submit in writing to the community development director a schedule of promotions and the types of signs to be used in compliance with options permitted in this section on a quarterly basis. Approval of the permit shall be valid not to exceed 90 days. Non-compliance with the approved schedule of promotions and signage devices is subject to enforcement provisions and penalties of section 405.1220(e) and (f).

(5)

Terms and conditions. The community development director or planning and zoning commission, via application, may establish any reasonable conditions upon the permit issued that are deemed necessary to ensure compatibility with adjacent land uses and to minimize potential safety and other adverse impacts on the public and nearby uses, including, but not limited to:

a.

Balloons shall remain on-premises and shall be set back from the property line a distance equal to the height of the balloons.

b.

All temporary signs shall be set back from property lines of record a minimum of ten feet, and not located within the sight triangle of section 405.380(f), except as may be provided in this article.

c.

Excessive violations of this section will be reported to the business owner in writing under section 405.1220(f) provisions and will result in enforcement of penalties to recoup of city costs for inspections and review for compliance.

(6)

Authorization by the planning and zoning commission. All temporary signs not listed in this section, as well as any request for extensions beyond the specified time limit set by this chapter or the community development director shall be automatically referred to the planning and zoning commission for review and approval under the general requirements of this section. Applications to the planning and zoning commission shall be filed for inclusion on the next available agenda a minimum of 30 days prior to the start date of the planned special event/temporary use. The submittal timeframe may be waived by the community development director if sufficient review and processing time is available for inclusion on the next available agenda.

(7)

Substitutions. It is the intention of this sign regulations that any non-commercial message may be substituted for any commercial message on any sign permitted by this chapter. Furthermore, no sign shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign.

(c)

Off-premises advertising.

(1)

Off-premises billboards. As used herein, the term "off-premises billboards" means all signs within the boundaries of the city that are subject to the regulations set forth in RSMo §§ 226.500—226.600 , as amended. Outdoor advertising, billboards and off-premises signs are only permitted along Interstate 70, Highway 61, and Highway 64 in the "C-3," "I-1," "I-2," "PD-I," and "PD-MXD" zoning districts and are regulated as set forth herein.

(2)

Additional definitions. As used herein, all words shall have the meanings ascribed to them in RSMo 226.510 and as defined in section 405.1210, or if not defined in either of those places, all words shall have the meanings ordinarily ascribed to them.

(3)

Rules and regulations. The following rules and regulations shall specifically apply to off-premises billboards:

a.

Sign type.

1.

Electronic message centers (EMC).

(i)

Duration. The display of the full off-premises sign image or any portion thereof must have a minimum duration of ten seconds and must be a static display. No portion of the image shall flash, scroll, twirl, change color or in any matter imitate movement.

(ii)

Video display. No portion of any billboard may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes.

(iii)

Transition. Where the full billboard image or any portion thereof changes, the change shall be instantaneous re-pixilation without dissolving, growing, melting, traveling up or down, scrolling, fading or any other movement in text.

(iv)

Brightness. The brightness of EMC signs shall automatically adjust via photocell for use during daylight hours and non-daylight hours. No sign may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. The maximum permitted brightness for EMCs is 5,000 NIT (candela per square meter) as measured from the sign's face perpendicular to the rays of the source at maximum brightness during daylight hours and 400 NIT during non-daylight hours. Electronic Billboards shall be equipped with an electronic dimmer control to maintain compliance with this section. The lighting and other specifications for a proposed EMC billboard shall be submitted with the application for a billboard sign to incorporate an EMC.

(v)

Fluctuating or flashing illumination. No portion of any billboard may fluctuate in light intensity or use intermittent strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zoom, twinkles, sparkles or that in any manner creates the illusion of movement.

(vi)

Conversion. All conversions of existing static billboard (traditional) to an EMC billboard must comply with current code requirements for off-premises advertising in reference to sign size and height.

(vii)

Spacing. No EMC billboard shall be located within 500 feet of an existing freestanding on-premises electronic message sign.

(viii)

Audio speakers. Audio speakers are prohibited in association with any electronic message center billboard.

(ix)

Text size requirements. Every line of copy and graphics displayed on an electronic billboard shall be at least 12 inches in height on a road with a speed limit of 45 miles per hour or greater and 54 miles per hour or less, and at least 15 inches in height on a road with a speed limit of 55 miles per hour or greater.

(x)

Malfunction and noncompliance. Electronic billboards shall be designed and equipped to freeze the device in one position if a malfunction occurs. The electronic billboards shall be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner shall immediately stop the dynamic display when notified by the city that it is not complying with standards of this Code.

(xi)

Provision of community and public service messaging. The owner of an electronic billboard shall enter into an agreement with the city to provide the city no less than five hours (1,800 ten-second spots) per month per electronic billboard in the city for community and public service messages at such times as shall be determined by the city.

(xii)

Number of faces. The maximum number of sign faces or surfaces permitted on the electronic billboard shall not exceed two.

2.

Static billboards (traditional); lighting.

(i)

No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. No flashing, intermittent or moving light or lights will be permitted except scoreboards and other illuminated signs designating public service information, such as time, date or temperature or similar information, will be allowed.

(ii)

External lighting such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or federal-aid primary highway and lights are not of such intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.

(iii)

No sign shall be so illuminated that glare interferes with the effectiveness of, or obscures, an official traffic sign, device or signal, nor shall the illumination be directed toward any residential area, whereby producing glare.

(iv)

The maximum average lighting intensity level for such sign shall be 20 footcandles.

b.

Size of signs.

1.

The maximum area for any one sign shall be 672 square feet with a maximum height of 20 feet and a maximum length of 50 feet, inclusive of border and trim but excluding the base or apron, supports, other structural members and excluding cut-out sign features not exceeding ten square feet.

2.

The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back to back, double faced or in V-type construction.

c.

Spacing of signs.

1.

Interstate highways and freeways on federal-aid primary system. No off-premises billboard shall be hereafter erected within one mile of an existing sign on the same side of the highway.

2.

Non-freeway federal-aid primary highways. No off-premises sign structure shall be erected within 2,000 feet of an existing sign on the same side of the highway.

3.

Signs not to interfere with traffic signs, signals, etc. No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging or intersecting traffic.

4.

Measurement. The measurement in this subsection (c)(3)c shall be minimum distances between outdoor advertising sign structures measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to outdoor advertising sign structures located on the same side of the highway involved.

5.

Conversion of static billboard (traditional) to an EMC billboard. Conversion of a static (traditional) billboard to an EMC billboard shall only be permitted if the proposed EMC billboard is at least 10,560 feet (two miles) from any existing EMC billboard on the same side of the highway for a non-freeway federal-aid primary highway or 10,560 feet (two miles) from any existing EMC billboard on the same side of highway for interstate highways and freeways on federal-aid system.

d.

Setbacks, safety clearances and height. In order to provide a safety zone to prevent injury or property damage from collapse of billboard caused by acts of God or other causes, each off-premises billboard shall have minimum setbacks of the following:

1.

Each off-premises sign structure shall be built within the first 100 feet adjacent to the right-of-way of any interstate or primary highway;

2.

At least ten feet from all property lines; and

3.

At least 90 feet from all roofed structures from all points of the off-premises billboard.

In order to further provide a safety zone to prevent injury or property damage from collapse of billboards caused by acts of God or other causes, each off-premises billboard shall have a maximum height of 45 feet. In addition, the applicant for permit shall present documentation to the reasonable satisfaction of the community development director that the applicant has secured the legally enforceable right to prevent the erection of structures within the setback zones. No city building permit shall be issued for construction of any building within the setback/clearance zone for any off-premises billboard.

e.

Setbacks at highway interchanges. No off-premises billboard shall be located adjacent to or within 1,000 feet of any interchange existing or approved for construction by the state highway and transportation department, intersection at grade or safety rest area. The 1,000 feet shall be measured from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.

f.

Setbacks from residential and public activity areas. No off-premises billboard or conversion of a static billboard (traditional) to an EMC billboard shall be located within 1,000 feet of land zoned for residential or public activity purposes.

g.

Landscaping, lighting and fencing. Before a permit is issued, the applicant shall receive approval for a plan for landscaping, billboard lighting and fencing around the proposed off-premises billboard to ensure that the structure will be aesthetically compatible with its surroundings and the aesthetic standard of the community and neighboring property, insofar as may be practicable, as well as safe and secure from trespassers or vandals. Such plans shall be reviewed and approved by the planning and zoning commission. In determining whether the landscaping plan is reasonably suitable, the planning and zoning commission shall take into consideration the nature of the location, the impact on surrounding properties, the safety and security of the proposed off-premises billboard, and the relative cost of the landscaping, lighting and fencing to the applicant in relationship to the overall impact upon the property values in the immediate area which would be caused by a lack of such landscaping, lighting and fencing for the proposed off-premises billboard.

h.

Nuisances. Any off-premises billboard which, because of lack of maintenance, upkeep, vandalism, accumulation of litter, refuse or debris, or the deterioration of landscaping, lighting or fencing, 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.

i.

Service drives. Direct access to off-premises billboards from curb cuts along a state highway or service road shall be prohibited, unless approved by MoDOT. Direct access shall be gained through paved roads and drives that are private and internal to a lot or parcel. All vehicles, equipment and people used to build, service, maintain and repair such signs must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads.

j.

Underground utilities. All on-site electric service shall be installed underground, except those overhead distribution feeder lines in locations as approved by the city, under the standards in section 410.340.

k.

Permits.

1.

The city shall not issue a permit for any new off-premises billboards without a permit having first been issued by the highway and transportation department.

2.

The city shall charge an initial permit fee of $500.00 for initial inspection to ensure compliance with the city wind load and electrical requirements when the sign is first erected.

3.

Before a permit is issued, the applicant shall submit the following certification for the appropriate licensed professional regarding the following: certification from a licensed engineer that the soil and subsoil surface is capable of accepting the projected loads; certification from an electrical engineer as to the electrical portion of the sign; certification from a structural engineer as to the structural strength of the sign and certified outboundary survey of the site and its setback/clearance zone.

4.

Before a permit is issued, the applicant shall submit a sign survey to indicate the relative vertical and horizontal distances between the proposed sign and all other pole-mounted signs within 2,000 feet. If by reason of height, size or spacing the proposed sign creates a significant disharmony with pole-mounted signs within 2,000 feet or unreasonably detracts from the visibility of other neighboring signs or properties, the community development director may require reasonable modifications of the sign's dimensions to cure such deficiencies as a condition to granting a permit.

l.

Annual inspection. All billboards shall have an annual inspection to verify compliance with all applicable city land use standards.

(d)

Annual inspection. Owners of all signs erected shall be required to submit an inspection report from a state licensed engineer as to the sign's structural integrity. Such certification shall be done on or before June 1 of each year. Failure to submit a report shall result in the immediate revocation of the sign's permit.

(Code 2006, § 405.635; Code 2008, § 405.630; Ord. No. 1761, § 1, 5-23-2001; Ord. No. 1843, § 7, 3-27-2002; Ord. No. 2484, § 4, 3-22-2006; Ord. No. 2950, § 3, 11-19-2008; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 3298, § 1, 5-22-2013; Ord. No. 3848, §§ 1—3, 4-25-2018; Ord. No. 4033, §§ 8, 9, 11-20-2019)