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HomeMy Public PortalAboutORD11288 BILL NO. 89-53 AMENDED SPONSORED BY COUNCILMAN FELDMAN, MASON ORDINANCE NO. Fir o AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE 8396 REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF OUTDOOR ADVERTISING WITHIN THE CITY OF JEFFERSON, REPEALING ORDINANCE 10719 PERMITTING SIDEWALK SIGNS IN SPECIFIED CIRCUMSTANCES, AND REPEALING CHAPTER 3, AQVERTISING AND SIGNS, OF THE CODE OF THE. CITY OF JEFFERSON, MISSOURI, AND ENACTING A NEW CHAPTER 3 IN LIEU THEREOF, TO BE PART OF THE CODE OF THE CITY OF JEFFERSON. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Ordinance 8396, Ordinance 10719 and Chapter 3 Advertising and Signs, of the Code of the City of Jefferson, Missouri, are hereby repealed in their entirety and a new Chapter 3 Advertising and Signs, is enacted in lieu thereof, which shall read as follows: Sea. 3-1. Intent. Am The intent of this chapter is to protect the public interest and safety, to enhance and preserve natural features and aesthetics within the city and to promote high standards in appearance and effective communication by necessary outdoor advertising while preserving residential areas, open views and vistas by effective regulation. Sec. 3-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Advertising devices: Banners or streamers affixed to poles, wires or ropes; wind operated devices; flashing lights and other similar contrivances. Back-to-back sign: An advertising structure with two closely located signs with faces in opposing directions, spaced less than ten feet apart at the point of shortest measurement. Billboard: An off-premise sign which advertises a product or service and/or has a maximum size of more than thirty-two square feet per sign face. 1 ® Building Official: The Director of the Department of Planning and Code Enforcement of Jefferson City and/or his duly authorized representative. City: Means the City of Jefferson, Missouri. City Council: Means the City Council of the City of Jefferson, Missouri. Erect: Means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish. ,Face: That area of a sign containing the advertising information, painting, drawing or message intended or used to advise or inform, but excluding structural supports. Flashing signs: Any sign, the illumination of which is not constant in intensity when in use. Illuminated signs approved by the Board of Adjustment which indicate the date, time, temperature, or other public service information shall not be considered flashing signs. Ground sign. detached: A permanent business sign which meets the following specifications: (1) the bottom of the sign shall be no more than three feet from the ground; (2) the face of the sign ® shall be rectangular with the sign width to exceed the height; (3) the maximum height of the sign shall not exceed seven feet and the maximum area of the sign face shall not exceed thirty-two square feet per face; and (4) illuminated ground signs adjacent to or across from residential properties shall not cast more than five foot-candles at the edge of their property line. Heights shall be measured from the ground level beneath the midpoint of the base of the sign. For spacing purposes, a detached ground sign shall be considered to be a post sign. Marquee sign: Any sign affixed to a marquee over the entrance or on the face of a building and supported from the building. Moving sign: Any sign which moves, appears to move, or has moving parts. Signs approved by the Board of Adjustment which indicate the date, time, temperature, or other public service information shall not be considered moving signs. Non-conforming sign or non-conforming outdoor, advertising: Means a sign which was lawfully erected but which does not conform to the requirements of city codes, ordinances or regulations enacted at a later date or which later fails to comply with city codes, ordinances or regulations due to changed conditions. Off-premise directional sign: A sign containing directional information about the location of places of commerce and industry; 2 hospitals; historic, cultural, religious and educational buildings and sites; and public buildings and places. Off-gremise sign: A directional sign devoid of advertising which directs the attention of the public to a business or activity conducted at a location which is not on the same premises where such directional sign is located. On-premise sign: Any display, device, figure, plaque, poster, or other outdoor advertising maintained or used to advertise or to inform or to direct the attention of the public to a business or activity conducted upon the premises upon which such sign is located, or to a product or service sold or rendered thereon. Outdoor advertising: An outdoor sign, display, device, figure, paintinq, -drawing. message, plaque, poster, billboard. or other thing designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any point of any public right-of-way. Planning-and Zoning Commission: Means the Planning and Zoning Commission of the City of Jefferson, Missouri. . Post sign: Any sign which is not attached to a building but is supported by braces, pole(s) , post(s) , or by any means other than by attachment to a building improvement. ANk Premises: A lot together with all buildings and structures thereon. Exojecting, sign: Any sign which is firmly attached to a building and extends outward therefrom twelve inches or more. Roof sign: Any sign erected, constructed, or maintained upon or extending above the roof of any building. Sign area: The entire area of the actual message or copy area. It shall include decorative trim or embellishments but shall not include structural elements outside the limits of such display surface and not forming an integral part of the display. For back- . to-back type signs, only one face shall be counted. On all other signs, all faces shall be counted in computing the sign area. Street or highway frontage: The distance along one side of any public street or highway measured along the right-of-way line. Wall sign: Any sign which is firmly attached to a wall of any building and which does not extend beyond the building more than twelve inches. 3 ® See. 3-3. off-premise signs. (a) No off-premise sign ;shall be eiscted until a Conditional Use Permit shall have been granted by the Board of Adjustment in accordance with Sec. 3-12 of this chapter.. (b) The area of off-premise signs shall be counted as a part of the total allowable sign area of the premises on which it is located. Sec. 3-4. On-premise signs. (a) In the commercial and industrial districts there may be erected or constructed after the effective date of this chapter wall signs, projecting signs, pole signs, post signs, and marquee signs located on the premises of any business. The sign area of all signs shall not exceed two and one-half square feet of sign area for each one foot of frontage on any street or highway adjacent to the premises up to one hundred feet and one-half square foot of sign area for each one foot of frontage over one hundred feet, except in the C-3 Central Commercial Zoning District the sign area of all signs shall not exceed one and one-half square feet of sign area for each one foot of frontage. Frontage on public alleys and municipal parking lots shall be included in the maximum sign area calculations only when the business establishment has its only public entrance onto the alley or lot. ® (1) The square footage of on-premise directional signs which contain no symbolic or textual advertisement shall be excluded from the maximum allowable sign area. (2) Advertising signs painted on or attached to the inside or outside of windows shall be included in the maximum allowable sign area. (b) Awning signs. Advertising signs, symbols or emblems may be placed on any part of an awning which has been constructed in accordance with the Jefferson City Building Code. Only the image or message area on the awning shall be included in the maximum allowable sign area. If an awning, when extended, obliterates the view of a wall sign, the area of the obliterated wall sign need not be included in the maximum allowable sign area. (c) No post sign shall be erected or constructed, after the effective date of this chapter, if after the erection or construction of such sign there will be more than one post sign for each one hundred feet of frontage along any street or highway adjacent to the premises provided however, every premises shall be entitled to at least one post sign. No post sign shall exceed thirty-two feet in height as measured from the ground at the base of the sign or from the grade level of the adjacent street or • highway centerline, whichever is higher. 4 (d) Any sign, display of which is required by law or which is erected by a governmental agency, is permitted in residential areas. Such signs shall not be included in the determination of sign area under the provisions of this section. Any sign erected by a public, educational, religious, or charitable institution is permitted in residential areas; however, the total area of such signs shall not exceed one square foot of sign area for each ten feet of frontage. (e) Conditional Use signs. on-premise signs in residential districts may be permitted by the Board of Adjustment when the Board grants a Conditional Use Permit for a commercial or industrial use. (f) Signs in planned zoning districts. The location, size and character of on-premise signs and off-premise directional signs in the PUD, C-4, and M-3 Planned District shall .be established by the Planning and Zoning Commission and the City Council in the Site Plan review and approval process. 4 (g) Projecting signs may be erected on any building, however, such signs shall not extend more than one foot into any public right-of-way and must be at least nine feet above the surface adjacent to the building. Projecting signs may extend not more than six and one-half feet into any front, side or rear yard. Aft Bea. 3-5. Certain signs Prohibited. (a) After the effective date of this chapter, there shall be erected, constructed or exhibited none of the following: (1) Billboards (2) Off-premise signs unless approved by the Board of Adjustment in accordance with Sec. 3-12 (b) (4) of this chapter. (3) Flashing signs (4) " Advertising devices (5) Paper posters applied directly to a wall, pole, fence or building surface (6) Signs painted directly on a wall, fence or building surface (7) Portable or temporary signs other than those specifically permitted herein 0 5 (8) Signs which imitate or appear to imitate any official traffic sign or device or which appear to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal. (9) Signs placed on areas of public ownership including street rights-of-way and public sidewalks except that a projecting sign may extend no more than twelve inches from a building over a public sidewalk. (10) Any sign on which the illuminating or lighting device is so placed as to reflect or shine .directly into the adjacent highways or streets in such a manner as to hamper the vision of a motor vehicle operator thereon. (11) Moving signs (12) Roof signs when the roof sign is not contained within the silhouette of the building. (13) Wall signs the uppermost part of which is more than thirty-two feet above grade. (14) Business, company, or any other non-governmental flags displayed on roof-mounted flag poles. Sea. 3-6. Temporary signs. Temporary signs are allowed as follows: (a) Temporary signs advertising the sale or lease of the property on which such sign is located may be maintained provided they are removed within thirty days after the sale or lease or the consummation of the disposition sought. The maximum size of such signs shall be as follows: (1) In rural and residential districts such temporary signs shall not exceed eight square feet. (2) In commercial districts such temporary signs shall not exceed sixty-four square feet. (3) In manufacturing or industrial districts such signs shall not exceed one hundred twenty-eight square feet. (b) Temporary signs advertising the future use or development of property on which such signs are located may be erected in excess of the above maximums by approval of the Board of Adjustment. 6 (c) Temporary business signs on the site of parking lots or service stations, either portable or temporarily attached to a building, pole or other structure, provided that no business establishment may have more than one such temporary sign exhibited on its premises at any time and no such sign shall exceed twelve square feet in size. (d) Temporary political signs may be erected thirty days prior to the election and shall be removed within seven days after the election_ . The owner of the property on which political signs are located shall be responsible for removal of the signs. (1) In rural and residential zoning districts such temporary political signs shall not exceed four square feet per lot, premises or tract. (2) In commercial, Planned Unit Development and industrial zoning districts such temporary political signs shall not exceed eight square feet per lot, premises or tract. See. 3-7. Flags. In any district there may be displayed any city, county, state, national, United Nations, military or governmental flag and organizational flags, and in commercial and industrial districts not more than two other official business or organizational flags may be displayed. (a) In the C-3 Central Commercial District no flagpole shall exceed a height of one hundred forty feet measured from the High and Madison Street elevation. In all other districts no flagpole shall exceed a height of seventy-five feet above ground level. (b) Flag size shall be limited as follows: FLAGPOLE HEIGHT MAXIMUM FLAG SIZE 30' 6' x 10' 40' 8 ' x 12 ' 50' 10' x 15' 60' 15' x 25' 75' or higher 20' x 30' (c) The area of a flag flown on a pole mounted on top of a building in the C-3 District shall not exceed five percent of that building's largest facade which fronts on the street, or the area listed in subsection (b) , whichever is larger. (d) The design and construction of flagpoles shall comply with all applicable codes. No flagpole shall be erected or installed • without first obtaining a building permit. 7 (e) The United States flag and the Missouri state flag shall be excluded from the maximum allowable sign area, however, business, company, institutional and any other non-governmental flags shall be included in the total allowable signage of a premises. Sea. 3-8. Lighting. . All lighting within signs, located on signs, or directed to signs shall not create more than an intensity of ten footcandles of light into any residential property. Sec. 3-9. Non-conforming Signs. (a) If any non-conforming sign is completely destroyed or damaged to the extent of seventy-five percent of the replacement cost of the sign and its structure, it shall not be replaced. (b) The message displayed on a non-conforming sign may be changed and painted messages on a non-conforming sign may be repainted. (c) A non-illuminated, non-conforming sign shall not be illuminated. (d) A non-conforming sign may be changed or altered for the expressed purpose of making it a conforming sign. (e) In order to eliminate an unsafe condition(s) the Building Official may order that- repairs and/or alternations be made to a non-conforming sign. Such ordered repairs shall be the minimal necessary to correct an unsafe situation(s) . (f) The type of materials used in the construction of the structural elements of a sign shall not be changed after the date the sign becomes a non-conforming sign nor shall structural alterations be made to a non-conforming sign except as may be required by subsection (e) of this Section. (g) Nothing contained in this section shall be construed so as to permit the enlargement of a non-conforming sign. Sea. 3-10. Permits. After the effective date of this chapter, any person, firm or corporation shall obtain a permit before erecting or constructing any permanent sign. The Electrical Inspector shall inspect all exterior and interior electrical signs that use 110 volts or more for compliance with the Jefferson City Electrical Code. The permits shall be obtained from the Department of Planning and Code s 8 AML Enforcement after the payment of the fee(s) established by the City Council. Sec. 3-11. Maintenance of signs. (a) All signs . shall be constructed so as to be free from hazards, and shall be strongly supported with braces, posts, or cables. They shall be kept in good repair and all surfaces shall be maintained in good appearance. All electrical signs shall continuously conform to the Electrical Code. (b) The Building Official shall inspect or cause to be inspected every sign within the city. He shall require the removal of any sign which he finds to have been erected or constructed in violation of this chapter and shall require the removal or repair of any sign which is: 1. Not securely affixed to a substantial structure 2. Not in good repair 3. Related to a business or product which is no longer in operation or available 4. Unclean or faded to such an extent as to be unsightly 5. Creating a dangerous or unsafe condition for traffic or pedestrians See. 3-12. Board of Adjustment. (a) The Board of Adjustment, hereinafter referred to as the Board, is the Board established in Sec. . 32-80 of Chapter 32 of the Jefferson City Code of Laws. Procedures for appeals, hearings, and meetings of the Board shall be in accordance .with Chapter 32. (b) Powers of the Board which are in addition to the powers conveyed by Chapter 32 are: (1) To interpret the provisions of this chapter in such a way as to carry out the intent and purposes of these outdoor advertising regulations. (2) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter. (3) To grant variances to the maximum size provisions for temporary real estate signs and to the provisions of this chapter where topography or existing building(s) • interfere with usual visibility. 9 a. Applicant's responsibilities. when requesting a variance, it shall be the responsibility of the applicant to show how the sign, property and/or particular circumstance fully meets all of the findings the Board is required to make. b. Required findings, general. Before granting any variance, the Board shall find all of the following: The proposed variance, if granted, would: 1. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. 2 . Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. 3. Not permit obtrusive or incompatible signs to injury the character of the neighborhood. 4. Not obstruct significant views and vistas. 5. Not obstruct vision where such obstruction AML could create a traffic hazard. 6. Be in keeping with the general spirit and intent of this chapter. C. Variance to the provisions of Sec. 3-6 to allow temporary signs advertising the future use or development of property to be erected in excess of the maximums specified in Sec. 3-6 (a) . No specific findings are required. d. Variance where topography or existing building(s) interfere with usual visibility. In addition to the general findings, the Board shall also find the topography or existing buildings do, in fact, interfere with usual visibility. e. Extent of variance limited. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. f. Conditions. In granting a variance, the Board may impose such conditions upon the sign and/or premises receiving the variance as may be necessary to ensure that the variance will: 10 ® 1. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. 2. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. 3. Not permit obtrusive or incompatible signs to injury the character of the neighborhood. 4. Not obstruct significant views and vistas. 5. Not obstruct vision where such obstruction could create a traffic hazard. 6. Be in keeping with the general spirit and intent of this chapter. (4) To grant Conditional Use Permits for off-premise directional signs, certain on-premise signs, and time and temperature signs. a. The Board shall find for all Conditional Use Sign(s) ; or imposed conditions thereon to ensure, that the Conditional Use Sign(s) will: 1. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. 2. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. 3. Not permit obtrusive or incompatible signs to injury the character of the neighborhood. 4. Not obstruct significant views and vistas. 5. Not obstruct vision where '-such obstruction could create a traffic hazard. 6. Be in keeping with the general spirit and intent of this chapter. b. Off-premise directional signs. 11 1. Before granting a Conditional Use Permit for an off-premise directional sign, the Board shall find, in addition to the general findings listed in (a) above, the following specific findings: (a) The proposed sign will be located in a district zoned C-2, General Commercial; M-1, Light Industrial, or M-2, General Industrial, and will be at or near the collector or arterial street intersection which is closest to the premises to be identified by the off-premise directional sign. Collector and arterial streets shall be those streets so identified in the City's most current Transportation Plan. (b) The proposed sign will be at least one hundred feet from any residential district. (c) There is not an existing off-premise sign within three hundred feet of frontage of the proposed sign. (d) The proposed sign is directional and does not advertise product(s) or service(s) . 2. The maximum size and height of an off-premise sign which may be authorized by the Board is: (a) Thirty-two square feet per sign face, and (b) Twelve feet as measured from the ground at the base of the sign or from the grade level of the adjacent street or highway centerline, whichever is higher. The owner of the sign may apply for a size and/or height variance(s) under Sec. 3- 12 (b) (3) a. of this chapter. 3. In its deliberations, the Board shall give consideration to the number and nature of premises which may need, now or in the future, directional, off-premise signs situated at the applicant's requested location and may accordingly reduce the size of the requested off-premise Conditional Use sign. C. Time and temperature signs. The Board may grant a • Conditional Use Permit for a sign, illuminated or 12 non-illuminated, which indicates the date, time or temperature, or which displays other public service information. Before granting a Conditional Use Permit for such a sign, the Board shall find, in addition to the general findings listed in (a) above, the following specific findings: 1. The proposed sign will be located in a district zoned for commercial or industrial uses. 2. The proposed sign meets the spacing . requirements of this chapter. 3. The proposed public service message, if any, is, in fact, public service information and not advertising for a product or service. d. Certain on-premise signs. On-premise signs in residential districts may be permitted by the Board when the Board grants a Conditional Use Permit for a commercial or industrial use. On-premise signs in multi-family residential districts may be permitted by the Board when plans and specifications are submitted and approved by the Board. Procedures to be followed and the authority of the Board with respect to such signs shall be as specified in Sec. 32-80 (h) (4) a.3. of the Jefferson City Code of Laws. Sec. 3-13. Enforcement, Violations and Penalty. (a) Enforcement by the Building Official. In case any sign or advertising device or structure is erected, constructed, reconstructed, altered, converted, or maintained in violation of this chapter or other regulations made under the authority conferred hereby, the Building Official shall, institute proper action or proceedings: (1) Prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; (2) Restrain, correct or abate such violation; or, (3) Prevent any such illegal act, conduct or use. It shall be the duty of the Building Official to afford the offending party notice of the specific complaint by United State Certified Mail, giving said person ten days notice of his violation(s) or anticipated violation(s) and order the correction of the violation. 13 AlMh (b) Appeal of Decisions of the Building Official. Where it IV is alleged there is an error in any order, requirement, decision or determination made by the Building Official, any aggrieved person may appeal the order, requirement, decision or determination to the Board of Adjustment in accordance with the provisions of Sec. 32-80 of the Jefferson City Code of Laws. (c) City's right to remove illegal sign, procedures to be followed. If the Building Official shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, he shall give written notice to the permittee or property owner thereof. If the permittee or property owner fails to remove or alter the sign or advertising structure so as to comply with the standards herein set forth within a reasonable time specified in such notice, such sign or other advertising structure may be removed or altered to comply by the Building Official; any expense incidental to such removal or alteration shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. The Building Official may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily without notice. Such signs or other advertising structures are hereby declared to be a public nuisance. When any sign is removed summarily without notice, the owner or lessee thereof shall have the right to a post-seizure administrative hearing to determine whether there was probable cause to remove the sign. (d) Penalties. The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or general agent, architect, builder, contractor or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed guilty of a misdemeanor, punishable by a fine of not "less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00) for each and every day that said violation continues after due notice as provided herein, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for each and every day that such violation shall continue. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the Sregulations made under authority of this chapter in the respect 14 ® named in such order, shall also be subject to a civil penalty of Two Hundred Fifty Dollars ($250.00) . (e) Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Section Z. This ordinance shall be in force and effect from and after its passage and approval. Passed: _�f15d9 Approved: Pre g Of er ayo Attest: City Clerk 15