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HomeMy Public PortalAboutORD08396 , PIJ BILL NO. y,2 INTRODUCED BY COUNCILMAN ORDINANCE NO. tag AN ORDINANCE REPEALING ORDINANCE NUMBER 6110 REGULATING THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF OUTDOOR ADVERTISING, BILLBOARDS AND SIGNS WITHIN THE CITY OF JEFFERSON, AND ADOPTING A NEW ORDINANCE ON THE SAME SUBJECT AND PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. Ordinance Number 6110 of the City of Jefferson, Missouri , is hereby repealed. Section 2. Purpose. The intent of this ordinance is to protect the public interest and safety and 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, billboards, and signs, while preserving residential areas, open views and vistas by effective regulation. Section 3. Definitions. As used in this ordinance and in the interpretation and enforcement thereof, the following words or xahrases mean: (a) . Sian. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution or business. (b) . Advertising devices. Banners or streamers affixed to poles, wires , or ropes , wind operated devices, flashing lights , and other similar contrivances. (c) . Back-to-Back sign. An advertising structure with two closely located s!gns with faces in opposing directions, spaced less than ten (10) feet apart at the point of shortest measurement. (d) . Business sign. Any display, device, figure , plaque, poster, billboard or sign 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. 1 (e) . Face. That area of a business sign containing the advertising information, painting, drawing or message intended or used to advise or inform, and excluding trim and supports. (f) . Face of Building. The total area of the main wall of a building, including windows, doors and openings, that abuts the front yard of a building or walls that are located on the front property line. On corner lots the face of the building shall include main walls facing the front yard and side yard or main walls fronting on all front and side property lines. (g) . Flashing signs. Any sign, the illumination of which is not constant in intensity when in use except illuminated signs which indicate the date, time or temperature , or other public, service information approved by the Board of Adjustment, shall not be considered a flashing sign. (h) . Street _nLghway Frontage. The distance along any u.i one side of any public street or highway, street or alley, measured along the right-of-wain line or parallel to the y, normal right-of-way line where the right-of-way line is not fixed. (i) . Marquee Sign. Any sign affixed to a marquee over the entrance or on the face of a building and supported from the building. (j )•.• Moving Sign. Any sign which moves or has moving parts other than parts which indicate time, temperature; or other than moving devices which may be approved by the Board of Adjustment to provide needed public service information. W . Off Premise Sign. A business sign which directs the attention of the public, the business or activity conducted 4 or product or service sold or offered at a location not on the same premises where such business sign is located. (1) . post Sim. Any business sign which is not attached to a building but is supported by braces, post, or by any other means than by attachment to a building improvement. (m) ., Premises. An area under a single ownership or a single lease,no part of which is separated from the other by any land under a different ownnership or lease agreement. (n) . Projecting Sign. Any sign which is firmly attached to a building and extends outward therefrom. (o) . Roof Sign. Any sign erected, constructed, or maintained upon the roof of any building. (p) . Sign Area. The entire area of the actual message or copy area. It shall include decorative trim or embellish- ments 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. -2- I (q) . Wall Sicn. Any sign which is painted on or firmly attached to a wall of any building and which does not extend beyond the building more than twelve (12) inches. Section 4. Off Premise Signs. (a) . No off premise sign face shall exceed six hundred (600) square feet, nor shall the height of any off premise sign exceed 30 feet above the ground level at the base of the signs or the street or highway grade level adjacent to the -signs, which ever is higher. The highest portion of any off premise sign may not exceed the height limit of the district in which it is located. (b) . After the effective date of this ordinance , off premises signs may be erected or maintained only in districts zoned for commercial or industrial uses , but not in districts zoned for local or neighborhood commercial, provided such sign is located at least 100 feet from any residential district, provided that there shall not be more than one (1) off premises sign in three hundred (300) feet of street or highway frontage. Section 5. Business Signs_. (a) . In the commercial and industrial districts there may be erected or constructed after the effective date of this ordinance, roof signs, wall signs, projecting signs , post signs, and marquee signs located on the .premises of any business. The sign area of all signs shall not exceed one-fifth (1/5) of the total square feet of the face of the building or two and one-half (2 1/2) square feet of sign area for each one foot of frontage on any street or highway adjacent to the premises up to one hundred (100) feet and one-half (1/2) square foot of sign area for" each one (1) foot of frontage over one hundred (100) feet, whichever is greater, except that in computing the square foot of the face of the building, the faces above 40 feet in height shill have a permitted sign area of one-tenth (1/10) of the total square .foot area of the faces over 40 feet. (b) . No past sign shall be erected or constructed, after the effective date of this ordinance, if after the erection or construction of such sign there will be more than one (.l). post sign for each one hundred (100) foot of highway frontage along any street or highway adjacent to the premises or at least one post sign for each premises. No post signs• shall exceed thirty-two (32.) feet in height to the topmost point, as measured from the ground at the base of the signs or from the grade level at the street or highway adjacent of it, whichever is higher. (c) . The highest portion of any roof sign may not extend more than 20. feet above main roof or parapet of a building; however the highest portion of any roof sign shall not extend above the height limit of the district in which it is located. (d) . Any sign, a display of which is required by law or erected by a governmental agency is permitted in residential areas and 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 and shall not exceed one foot of sign area for each -two feet of frontage on any street or highway adjacent to the premises. -3- (e) . Projecting signs may be erected on any building, however such signs shall not extend more than one (1) foot into any public right-of-way and must be at least nine (9) feet above the surface adjacent to the building. Projecting may extend not more than six and one-half (6 1/2) feet into any front, side or rear yard. Section 6. Certain Signs Prohibited. (a) . After the effective date of this ordinance, there shall be erected, constructed or exhibited none of the following: (1) . Flashing signs (2) . Advertising devices (3) . Paper posters applied directly to a wall or pole. (4) . Portable or temporary signs other than those specifically permitted herein (5) . 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 interfere with the proper operation of any traffic sign or signal. (6) . Signs extending into street areas or any other areas of public ownership except that a projecting sign no more than 12 inches from the building may extend over the public sidewalk. (7) . 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. (8) . Proving signs-any sign which moves or has moving parts other -than parts which indicate time, temperature or other public service information approved by the Board of Adjustment. (b) . Any sign or advertising device in existence on the effective date of this ordinance which could not be there- after erected, constructed or exhibited under- the provisions of paragraph a. , above, shall be removed or modified to conform with this section within twelve (12) months after the effective date of this ordinance. Section 7. Temporary signs. The following 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 be removed within thirty (30) days after the sale or lease, or the consummation of the disposition sought. The size of such signs to be as follows : (1) . In rural and residential districts such temporary signs shall not exceed 12 square feet in area. -4- (2) . In commercial districts such temporary signs shall not exceed 64 square feet in area. (3) . In manufacturing or industrial districts such signs shall not exceed 128 square feet in area. (b) . Temporary ground signs advertising 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. (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 (1) such temporary sign exhibited on its premises at any time, and no such sign shall exceed twelve (12) square feet in size. Section 8. 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. Section 9 . Lighting. All lighting within signs , located on signs, or directed to signs shall not create more than an intensity of 80 footcandles of light into any residential property. Section 10. Non-conforming Signs. i (a) . All non--conforming signs, other than those signs specified under the section headed "Certain Signs Prohibited" which were erected prior to the effective date of this ordinance or contracted for with contract submitted to building commissioner within ten (10) days from the effective date of this ordinance, shall be removed or made conforming by January 1, 1982 , or at such later date as is authorized by U. S. Internal Revenue Service to permit full amortization of the cost of such sign. a (b) . If any non--conforming sign is completely destroyed or damaged to the extent of seventy-five (75) percent of the sign and its structure, it shall not be permitted to be replaced. Section ll. . Permits. After the effective date of this ordinance, any person, firm or corporation shall obtain a permit before erecting or constructing any business sign or any off premises sign. The Electrical Inspector shall inspect all exterior electrical signs and interior electrical signs that operate or use 110 volts or more. The permits shall be obtained -5- from the Building Official after the payment of a fee which shall be one dollar ($1.00) for each such sign, plue one dollar ($1.00) for each transformer on a neon or fluorescent sign. Section 12. Maintenance of Signs. (a) . All signs shall be so constructed to be free from hazards, secure and strongly supported with braces or cables. They shall be kept in good repair and all surfaces shall be maintained in good appearance. All electrical signs shall conform to Electrical Code of Jefferson City. (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 ordinance, 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 of 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 Section 13. Board of Adjustment. The Board of Adjustment established in Ordinance 5880 , Article XIX, shall be the Board of Adjustment for this ordinance. Procedures for meetings and appeals shall be in accordance with Section 1902 and 1903 of Ordinance 5880 , Article XIX. The jurisdiction of the Board of Adjustment, shall be in accordance with Section 1904 of Ordinance 5880 , Article XIX, and further, the Board of Adjustment may vary the sign regulat�Qns applying to business or off premises signs where topography or existing buildings interfere with usual visibility as the Board may deem necessary provided the variance will not permit obstrusive or incompatible signs or injure the character of a residential neighborhood, open views, vistas or property values. Section 14. Enforcement, Violations and Penalty. In case any sign or advertising device or structure is erected, con- structed, reconstructed, altered, converted, or maintained in -6- violation of this ordinance or other regulations made under the authority conferred hereby, the Building Official shall institute proper action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use , -to restrain, correct or abate such violation or to 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 States Certified Mail, giving said person ten days notice of his violation or antici- pated violation. The owner or general agent of a building or premises where a violation of any provision of this ordinance 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 Iguch violation shall continue. Any person who, having been served 1with an order to remc-re any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this ordinance in the respect named in such order, shall also be subject to a civil penalty of Two hundred Fifty Dollars ($250. 00) . 1 Y Section 15 . Nffective Date. This ordinance shall be in ?f force and effect from and after its passage and approval. �•x ' / Passed ,Approved esident of the Coun ' l Mayor C..'i Attest: fz tt