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HomeMy Public PortalAboutORD15813 BILL NO. 2018-033 SPONSORED BY Councilman Graham ORDINANCE NO. I5BI AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3 ADVERTISING AND SIGNS. WHEREAS, It appears that the procedures set forth in the City Code relating to text amendments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 3 (Advertising and Signs) Article 1 (In General) is deleted in its entirety and replaced as follows: ARTICLE 1. IN GENERAL Sec.3-1. Purpose and Intent. A. Intent. 1. The intent of this chapter is to: a. Regulate existing and proposed signs of all types; b. Protect the public health,safety and general welfare; c. Protect state and federal constitutional rights to free speech; d. Protect property values; e. Create a more attractive economic and business climate; f. Enhance and protect the physical appearance of the City of Jefferson; g. Preserve the scenic and natural beauty of the City of Jefferson and provide a more enjoyable and pleasing community;and h. to promote high standards in appearance and effective communication by necessary outdoor advertising while preserving residential areas,open views and vistas,and traffic safety by effective regulation 2. General Findings. The City finds that the standards and procedures in this Chapter: a. Protect public health and safety by: i. Minimizing visual distractions and obstructions that contribute to traffic accidents; ii. Prohibiting signs that constitute a traffic hazard or obstruct the visibility of motorist, bicyclists or pedestrians, or cause confusion by virtue of visual similarity to traffic control signs; Scrivner's Note: Inserted text shown as thus. Deleted text shown as t144s. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. iii. Reducing hazards that are caused by signs that overhang or project over public right of way; iv. Providing more visual open space, and; v. Preventing potential deterioration of the community’s appearance and attractiveness that would create a blighting influence; b. Encourage signs that are attractive and functional for the type of establishment to which they pertain, and that are in scale and architectural harmony with the projec t site, project buildings, adjacent buildings and development in the district or neighborhood in which they are located; c. Reduce visual clutter and physical obstructions caused by a proliferation of signs that could diminish the City’s image, property values and quality of life; d. Keep signs within a reasonable scale with respect to the buildings to which they relate; e. Encourage the upgrading, updating or removal of signs that are poorly maintained, out of character with their surroundings, or do not conform to this Chapter; and f. Prevent signs that are potentially dangerous to the public due to structural deficiencies and disrepair. 3. The City finds that the appearance, character and quality of a community are affected by t he location, size, construction and graphic design of its signs. Therefore, signs should convey their messages clearly and simply to be compatible with their surroundings. Sec. 3-2. Applicability. A. This Chapter applies to all signs that are visible from a public right-of-way, adjacent property or outdoor areas of public property. B. No signs shall be erected, placed, displayed or maintained in any district within the City of Jefferson except as specifically allowed by this Chapter. C. Owners and Tenants. Wherever this chapter allows signage on a premise, the right to the signage, unless specifically stated otherwise the City Code, is granted to the owner of a property. The owner may delegate that right to any tenant or tenants but shall in no case grant to said tenant or tenants, individually or cumulatively, more signage than has been allotted to the owner by this code. In all cases the owner shall remain liable for complying with this code and assuring that the owner’s tenants do not exceed the allotted signage. D. Message Neutrality. This Chapter regulates signs in a manner which is consistent with the speech freedoms of both the United States and Missouri Constitutions and the Missouri Statutes, and is content neutral. Notwithstanding any other provision of this Chapter, no sign is subject to any limitation based on its non-commercial content. Any sign authorized in this Chapter may contain any non -commercial copy in lieu of any other copy. E. This Chapter does not apply to the following: 1. Governmental Signs and Legal Notices. 2. Historical Markers. 3. Holiday decorations which would not otherwise meet the definition of any type of sign set forth herein. 4. Incidental signs that are attached to a building or window and do not exceed one (1) square foot. 5 Interior signs not visible from the exterior of a building. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 6. Warning signs that are posted on private property and do not exceed three (3) square feet in area. 7. Traffic control signs that do not exceed three (3) square feet in area. 8. Signs preempted from regulation by state or federal law. 9. See Section 3-4.C for signs that are regulated by this Chapter, but exempt from sign permits. F. Prohibited Signs. The following signs are prohibited as stated below, except as otherwise provided in this Chapter. 1. Sign placed on right-of-way without permissive use of right-of-way or other proper approval, excluding governmental signs and traffic signs. 2. Off-premise sign unless in conformity with Chapter 3, Article II, of the City Code. 3. Flashing sign. 4. Advertising device, such as streamers and wind operated devices. 5. Paper poster applied directly to a wall, pole, fence or building surface. 6. Sign painted directly on a wall, fence or building surface. 7. Portable or temporary sign other than those specifically permitted herein. 8. Sign which imitates or appears to imitate any official traffic sign or device or which appears to regulate or direct the movement of traffic or which interfere s with the proper operation of any traffic sign or signal. 9. Sign placed on areas of public ownership including street right-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 highway or street in such a manner as to hamper the vision of a motor vehicle operator thereon. 11. Animated, moving or rotating sign. 12. Roof sign when the roof sign is not contained within the silhouette of the building. 13. Flag displayed on roof mounted flagpole, unless in conformance with Section 3-7.B.6.d regarding roof mounted signs in the C-3 zoning district and other regulations within this chapter concerning flags. 14. Beacon 15. Advertising flag, such as swooper flag, feather flag, and teardrop flag. 16. Inflatable display, except that inflatable devices are permitted in the RS, RD, and RA zoning districts during the period from November 1 to January 31. 17. Abandoned sign. Signs advertising business activities that no longer take place on the premises shall be removed within 90 days of the cessation of the business. Sign structures need not be removed if maintained and not displaying an abandoned sign. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 18. Abandoned sign structures. 19. Any sign unlawfully installed, erected, or maintained. Sec. 3-3. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Abandoned Sign: Any sign remaining in place or not maintained for a period of ninety (90) days after it no longer advertises or identifies an ongoing business, project or service available on the establishment premises where the display is located. Abandoned Sign Structure: A sign structure which by reason of neglect, damage or deterioration, requires repair and the owner, or other party responsible for maintaining the sign, fails to undertake and complete the repairs within thirty (30) days after written notice to do so from the City. Accessory Structure: A building or structure that is accessory (or secondary) to the primary building or structure on a lot, as determined by the Director. For the purpose of this Chapter, accessory building or structures may include, but are not limited to, stand -alone ATMs, stand-alone drive-up tellers, car washes and pump island canopies, and shall not include fences, light or utility poles, freestanding signs or retaining walls. Accessory Structure Sign: A sign attached to or located upon an accessory structure. Address: A sign that displays the official address of the property or building. Advertising devices: Streamers affixed to poles, wires or ropes; wind operated devices; flashing lights and other similar contrivances. Advertising flag: A banner style flag sign commonly referred to as “swooper flag”, “feather flag”, or “teardrop flag”. Flags affixed to a permanent flagpole, as defined in this chapter as “Flag” and in conformance with Section 3-7 shall not be considered advertising flags. Awning sign: A sign incorporated in or attached to an awning. Back-to-back sign: An advertising structure with two closely located signs with faces in opposing directions spaced less than three feet apart at the point of greatest measurement. Banner: A sign of lightweight fabric, plastic or similar material. Beacon: a light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also a light with one or more beams that rotate or move. 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. Building, Accessory: An Accessory Structure, as defined in this chapter. Building, Primary: A structure in which is conducted the principal use of the property on which it is located. Building mounted sign: Any permanent sign attached to a building. The term “building mounted sign” includes, but is not limited to, awning sign, canopy sign, marquee sign, projecting sign, wall sign. Building mounted temporary sign: Any temporary sign attached to a primary or accessory building. Business: A legally permitted non-residential use occupying a building or tenant space within a multi - tenant building. For the purposes of calculation of allowable signage area within this chapter, multiple businesses occupying the same space, as determined by the Director, shall be considered a single business. Canopy sign: A sign attached to the underside or constructed upon a canopy. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. Changeable Copy: Characters, letters, numbers, or illustrations that can be manually replaced or altered through the placement of letters or symbols on a panel mounted in or on a track system. City: The City of Jefferson, Missouri. City Council: The City Council of the City of Jefferson, Missouri. Director: The Director of the Department of Planning and Protective Services, or his or her designee. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish. Directional sign: Any on premise sign that includes information assisting in the flow of pedestrian or vehicular traffic such as enter, exit, and one -way. District: Zoning District, as identified on the Official Zoning Map (of the Zoning Cod e) of the City of Jefferson. Electronic Message Center: A sign or component of a sign that uses single or multiple changing colored lights or a video screen to form a message or series of messages that are electronically programmed or modified by electronic processes, but shall not include a sign which only shows the word “open” or “closed”. Façade Area: The exterior surface area of a building (including all windows and architectural features) in a single elevation, between finished grade and the top of the parapet wall or ridge of a hip roof. Façade Area, Multi-Tenant: Same as Façade Area except applies only to individual tenant leased space. Flag, Commercial: A piece of fabric or other flexible material, usually rectangular in shape, with distinctive colors and patterns that displays the symbol(s) of a company, or that advertises a product, service, or commercial message such as “sale” or “open”. Flag, Non-Commercial: A piece of fabric or other flexible material, usually rectangular in shape, with distinctive colors and patterns that does not meet the definition of a Commercial Flag. Flashing signs: Any sign that is not otherwise defined as an electronic message center, 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. Freestanding sign: Any nonmovable permanent sign not attached to a building. The term “Freestanding sign” includes, but is not limited to, ground sign, hanging sign, landscape wall sign, drive through facility sign, monument sign, multi-tenant sign, post sign, subdivision monument sign, Freestanding temporary sign: Any temporary sign not attached to a primary or accessory building. Temporary signs attached to a freestanding sign, light pole, or other ancillary structure on a property shall be considered a freestanding temporary sign. Government Sign: Any sign placed by any city, county, state or federal governmental agency. 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 maximum height of the sign shall not exceed ten feet and the maximum area of the sign face shall not exceed thirty -two square feet per face; and (3) illuminated ground signs adjacent to or across from residential properties shall not cast more than five footcandles 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. Illuminated Sign, Externally: a sign illuminated by external light directed primarily toward the sign and so shielded that no direct rays from the light are visible elsewhere than on the lot where the illumination occurs. Illuminated Sign, Internally: A sign designed to give forth artificial light directly or through transparen t or translucent material from a source of light within the sign, including but not limited to neon and exposed lamp signs. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. Incidental sign: An announcement or other display providing information about the occupancy or conduct of business permitted on a premises, such as logos of credit cards accepted on the premises, hours of operation, a “closed” or “open” sign, emergency contact person name and telephone number, street address, “help wanted,” “no loitering or solicitations,” security system notices, notices required by law, and similar information. Inflatable Display: A display, object or sign that is intended to be filled with air or other gas that depicts any container, figure, product, object or message. Marquee sign: Any sign affixed to a marquee over the entrance or on the face of a building and supported from the building. Menu Board Sign: A permanently mounted sign which is part of a drive through or drive in facility. This type of sign may include, but is not limited to, a changeable point of purchase advertising display that allows the retailer to list products and prices, for example, the bill of fare for a fast food restaurant. Moving sign: Any sign, not otherwise defined as an electronic message center, which moves, rotates, appears to move, or has moving parts. Multi-faced sign: A sign structure that contains three (3) or more sign faces surfaces that are located on different sides of the structure and are connected or separated from each other at their nearest point by no more than three (3) feet. Multi-faces signs include, but are not limited to, a pillar sign. Multi-tenant sign: A sign structure designed with two or more removable panels to identify the tenants in a building with more than one tenant, or in a development with more than one building. Non-conforming sign or non-conforming outdoor advertising: 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 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 t he premises which is not the same premises where the 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, painting, 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. Pennant/Streamer: Any small strips of lightweight plastic, fabric, or similar material shaped triangularly or rectangularly, suspended from a rope, wire, or string, usually in a series. The term “pennant” does not include “banner” or “flag” as defined herein. Permanent Sign: A sign constructed of durable materials intended for long term use, securely affixed to a building or the ground. Planning and Zoning Commission: The Planning and Zoning Commission of the City of Jefferson, Missouri. Portable sign: A sign that is not permanently affixed to one location and has the capability of being moved from one site to the next site, including any vehicle or trailer containing any advertising matter, w ords, symbols, or pictures, that is parked on public or private property, for the primary purpose of advertising or directing attention to a business activity or event. Post sign: A freestanding permanent 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. Premises: A parcel, tract, plot or area of land accessible by means of a street or ot her permanently Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. reserved principal means of access. It may be a single parcel separately described in a deed or plat which 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, under common ownership, and used as one. Primary façade: The side of a building designated by the owner as being the primary façade. In the case of corner lots or lots with multiple street frontages, a maximum of two sides of the buildin g may be designated as a primary façade. Property: A premises, as defined in this chapter. Projecting sign: Any sign which is firmly attached to a building and extends outward therefrom twelve inches or more. Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation, and used or intended to be used, wholly or in part, as a public street, alley, walkway, drain or public utility line. Roof sign: Any sign erected, constructed, or maintained upon or extending above the roof of any building. Sandwich board sign: A freestanding temporary sign constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member. Secondary façade: All sides of a building not designated as a primary façade. Sight Triangle/Visual Clear Zone: As defined and established in Chapter 35, Zoning. A triangular shaped portion of land on public and private property established at intersections in which nothing is erected, placed or planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. See Chapter 35 for the size and extent of sight triangles. Sign. Any display name, identification, description, illustration, device, building or building treatment which is visible to the public and which directs attention to a product, place, activity, institution, profession, person, service, business, or solicitation. Sign area: The size of the sign face panel measured in square feet, or the area of smallest square or rectangle that can encompass all items of information, including any decorative trim or embellishments, if it is not a panel. For back to back type signs, only one face shall be counted. For three and four sided signs, only two sides shall be counted. On all other signs, all faces shall be counted in computing the sign area. For examples of measurement of sign area, see Exhibit 3-2.A Exhibit 3-2.A Sign 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. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. Street or highway frontage: The distance along one side of any public street or highway measured along the right-of-way line. Temporary Sign: A sign constructed of nondurable materials intended for short term use. Temporary Sign, Commercial: Temporary sign used to promote products, services, or businesses, or to announce open houses and grand openings for businesses. Commercial temporary signs may include, but are not limited to, the following: 1. Construction Sign – Sign placed on a site during construction of a building or development project, or the rehabilitation, remodeling or renovation of a building. 2. Future Use Sign – Sign placed on a site during construction advertising the future business name or use of the site. 3. Special Event Sign – Sign displayed to advertise a Special Event. 4. Subdivision Sign – Sign placed on a property after approval of a subdivision plat advertising the availability of property or lots for sale. Temporary Sign, Non-Commercial: Temporary sign of a non-commercial nature used to make special announcements, or express opinions, or are associated with the sale, lease or devel opment of property. They may be small rigid signs made of plastic, wood or metal, attached to posts, stakes or other temporary framing mechanism. Non-Commercial temporary signs may include, but are not limited to, the following: 1. Political Sign - Sign displayed prior to an election, political campaign, referendum or ballot proposition put to the voters as part of city, state or federal governance. 2. Real Estate Sign – Sign displayed on a property or premises which is for sale, lease, or for rent. Traffic Control Sign: A sign erected on public or private property displaying only vehicle traffic control information such as “Stop”, “Enter”, “Exit”, “Deliveries”, “Truck Entrance”. Warning sign: A non-advertising sign that conveys a message of caution, warning, or danger. Examples of warning signs include, but not limited to, “Danger High Voltage,” “No Dumping,” and “No Trespassing”. Wall sign: Any sign which is firmly attached to a wall of any building and which does not ext end beyond the building more than twelve inches. Window Sign: A sign affixed to the interior of a window or placed immediately behind a window pane so as to attract the attention of persons outside the building. Section 3-4. Sign Permit Process. A. Sign Permit Required. No person shall install, erect, display, alter, move, modify or replace any non- exempt sign without first obtaining a sign permit issued by the Director in accordance with this Chapter. This section does not apply if the sign is exempt from sign permits as provided below. B. General. 1. Electrical Inspection. All exterior and interior electrical signs that use 110 volts or more shall be inspected for compliance with the Jefferson City Electrical Code. 2. Business License Requirement. Installation of signs may only be conducted by individuals, companies or organizations that possess a valid business license in the City or are exempt from such license. C. Exemptions from sign permit. The following do not require a sign permit. While exempt from permit Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. requirements, these activities and signs are subject to all other applicable requirements of this Chapter. 1. Exempted signs listed in this Chapter. 2. Changing the message in a changeable copy sign. 3. Changing of tenant panels within an existing legally permitted sign. 4. Placement of temporary signs in accordance with the provisions of this chapter. 5. Placement of Special Event signs which are approved as part of a parade permit per Chapter 32, Streets and Sidewalks. D. Sign Permit Application Requirements 1. An application for a sign permit shall be made in writing upon a form provided by the Director. The application is to be accompanied by the written consent of the owner, lessee, agent, or trustee having charge of the property on which the sign is proposed to be located, and the following information: a. Accurate and scaled site plan showing the location of the property lines, buildings, parking areas, driveways, landscaped areas, utility lines, and the existing and propo sed freestanding signs on the site. b. Current photograph or architectural building elevations showing existing and proposed building mounted signs. Exempt signs need not be shown. c. Rendering of each proposed sign with dimensions and details regarding materials and illumination. d. Electrical information necessary to ensure compliance with the adopted electrical code. e. Any other information that the Director determines is necessary to determine whether the proposed sign complies with the intent of this Chapter. 2. Fees and Penalties a. Every applicant shall, before the issuance of a sign permit, pay to the City the sign permit fee as established by Appendix Y. b. Any person who commences any work on a sign or sign structure prior to obtaining the necessary sign permit shall pay an additional penalty equal to the amount of the permit fee as established in Appendix Y. The payment of this additional penalty does not exempt any person from compliance with all other provisions of this chapter nor any penalty prescribed by law. 3. Sign Permit Consideration a. If the sign permit application is complete, the director shall review the sign permit application. If the sign permit application is incomplete, the applicant shall be notified of any deficiencies. b. If the sign permit complies with all applicable requirements of this Chapter, the Director shall issue the sign permit. 4. Sign Permit Validity, Suspension or Revocation Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. a. A sign permit becomes null and void if: i. the work on the site authorized by the permit is not commenced within 180 days after its issuance. ii. the work authorized on the site by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. b. If a permit becomes null and void, the applicant shall not commence the activities authorized by the permit until a new sign permit is obtained. c. A sign permit does not authorize any violations of any provisions of this code or of any other City code or ordinance. The Director may stop any sign or adve rtising structure installation which violates this Chapter or any other City code or ordinance. d. The Director may suspend or revoke a permit issued in error or based on incorrect, inaccurate, or incomplete information, or in violation of any City code or ordinance, or if the signage installed or being installed is not in conformance with the issued permit. 5. Appeals. A property owner may appeal the denial or revocation of a permit with the Board of Adjustment pursuant to Section 35-73.C pertaining to appeals of administrative decisions. Any appeal of an action by the Director shall be filed within 15 days of the action being appealed. Sec. 3-5. On-premise signs. A. Signs for uses authorized in Commercial and Industrial Districts (excluding the C-3 central commercial district). On Premise signs in the C-O, C-1, C-2, M-1, M-2 districts, are permitted as follows. 1. Building mounted signs. Building mounted signs such as wall signs, projecting signs, awning signs, canopy signs, and marquee signs shall conform to the following requirements. a. Size of sign allowed on primary facade. For signs located on the primary facade of a building the sign area shall not exceed ten percent (10%) of the total square feet of the primary façade area, subject to the maximum size allowed pursuant to subsection d. b. Size of sign allowed on secondary facades. For signs located on each side of the building not designated as a primary facade, the sign area shall not exceed five percent (5%) of the total square feet of the secondary façade area, subject to the maximum size allowed pursuant to subsection d. Signs on each secondary façade shall be calculated separately. c. Unless set out in an approved master signage plan as outlined in section 3-5.G, the primary facade area and secondary façade area of individual tenant spaces in multi - tenant buildings shall be calculated separately for the purpose of determining the sign area allowed for the individual tenant. d. Maximum size and height. i. The maximum square footage of total building mounted signage for any single business shall not exceed three hundred (300) square feet. ii. The maximum square footage of any single building mounted sign shall not exceed two hundred (200) square feet. iii. The maximum height of a building mounted sign shall not exceed fifty (50) feet as measured from the grade below the sign. iv. Businesses greater than 50,000 square feet of building gross floor area. The maximum size of any single building mounted sign shall not exceed two - Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. hundred fifty (250) square feet and the maximum square footage of total building mounted signage shall not exceed five hundred (500) square feet. e. Window signs shall not be included in the maximum allowable building mounted signage area. A maximum of fifty percent (50%) of the total window area of a façade (individual business façade in the case of a multi-tenant building) or fifty (50) square feet of window area, whichever is greater, may be covered in window signage. A sign permit is not required prior to placement of window signage displayed in compliance with this Chapter. f. Signs on Door. Any business may display a sign that inc ludes only the name of its business on any door, window or facade of a building where they are located so long as the sign is no larger than two (2) square feet. g. Awning and canopy signs. Advertising signs, symbols or emblems may be placed on any part of an awning or canopy 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. h. Projecting signs. 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 signs may extend not more than six and one-half (6½) feet into any front, side or rear yard. i. Accessory structure signs. Signage may be erected on accessory structures as defined in this Chapter; however, such signs shall not exceed twenty-five (25) percent of each façade area of the accessory structure or fifty (50) square feet of total signage on the accessory structure, whichever is less. 2. Freestanding signs. In addition to all other signs permitted on the property, permanent freestanding signs may be erected as follows: a. Number. A maximum of one (1) freestanding sign is permitted per property frontage along a street or highway. Every property shall be entitled to at least one (1) on premise free standing sign. b. Sign area. The sign area of all freestanding signs on a property may not exceed the greater of the following: i. One (1) square foot per two (2) linear feet of street frontage devote d to the use; or ii. One (1) square foot per fifty (50) square feet of gross floor area for the ground level of the main building; or iii. One (1) square foot per two hundred (200) square feet of total land area devoted to the use. c. Height. Freestanding sign height shall be 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, to the top of the sign structure. The maximum height of a freestanding sign shall not exceed the following: i. In the C-2, M-1, and M-2 districts, maximum freestanding sign height shall not exceed thirty-two (32) feet. ii. In the C-1 and C-0 districts, maximum freestanding sign height shall not Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. exceed ten (10) feet. d. Size. A freestanding sign shall not exceed two hundred (200) square feet. e. Illumination. Illuminated freestanding signs adjacent to or across from residential properties shall not cast more than five (5) foot candles of light at the edge of their property line. f. Drive-through uses. i. Directional signs. A property that contains a building with a drive-through window is permitted one sign on each side of each driveway accessing the property from a public street, to be located within six (6) feet of the side of the driveway, and one additional sign located anywhere on the property. Such signs shall be a maximum of three (3) feet in height, a maximum of ten (10) square feet in sign area and cannot conflict with visual clear zone regulations or interfere with line of sight for vehicles entering or exiting the site. ii. Menu Board Sign. A property that contains a buildi ng with a drive-through window is permitted one sign plus one sign per location where a parked car may communicate through a speaker or window to place an order. Such sign s shall be a maximum size of fifty (50) square feet, a maximum height of ten (10) feet from grade, shall be located within 5 feet of a drive thorough lane, and may not be located within front or side setback areas as required by Chapter 35, Zoning. 3. Variations from signage requirements. The City Council may authorize variations from the standards of Section 3-5.A when reviewing applications for a Special Exception Permit or Planned Unit Development as authorized by Chapter 35, Zoning. B. Signs for uses authorized in the C-3 Central Commercial District. On premise signs in the C-3 district are permitted as follows: 1. Building mounted signs. Building mounted signs such as wall signs, projecting signs, awning signs, canopy signs, and marquee signs shall conform to the following requirements. a. Size of sign allowed on primary facade. For signs located on the primary facade of a building the sign area shall not exceed ten percent (10%) of the total square feet of the primary façade area, subject to the maximum size allowed pursuant to subsection d. For the purposes of calculating primary façade area in the C-3 district, only the portion of the façade located below the second story windows or a height of 20 feet, whichever is less, shall be used. b. Size of sign allowed on secondary facades. For signs located on each side of the building not designated as a primary facade, the sign area shall not exceed five percent (5%) of the total square feet of the secondary façade area, subject to the maximum size allowed pursuant to subsection d. Signs on each secondary façade shall be calculated separately. For the purposes of calculating secondary façade area in the C-3 district, only the portion of the façade located below the second story window shall be used. c. Unless set out in an approved master signage plan as outlined in section 3-5.G, the primary facade area and secondary façade area of individual tenant spaces in multi - tenant buildings shall be calculated separately for the purpose of determining the sign area allowed for the individual tenant. d. Maximum size and height. i. The maximum square footage of total building mounted signage for any single business shall not exceed two hundred (200) square feet. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. ii. The maximum square footage of any single building mounted sign shall not exceed one hundred (100) square feet. iii. The maximum height of a building mounted sign shall not exceed twenty (20) feet as measured from the grade below the sign. Building mounted signs in the C-3 district shall be located below any second story windows. e. Window signs shall not be included in the maximum allowable building mounted signage area. A maximum of fifty percent (50%) of the total window area of a façade (individual business façade in the case of a multi-tenant building) or fifty (50) square feet of window area, whichever is greater, may be covered in window signage. A sign permit is not required prior to placement of window signage displayed in compliance with this Chapter. f. Signs on Door. Any business may display a sign that includes only the name of its business on any door, window or facade of a building where they are located so long as the sign is no larger than two (2) square feet. g. Awning and canopy signs. Advertising signs, symbols or emblems may be placed on any part of an awning or canopy which has been constructed in accordance with the Jefferson City Building Code. Only the image or message area on the awning or canopy shall be included in the maximum allowable sign area. If an awning, when extended, obliterates the view of a wall sign, the area o f the obliterated wall sign need not be included in the maximum allowable sign area. Signage on an awning or canopy in the C-3 district shall be limited to a maximum of twenty (20) square feet. h. Projecting signs. 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 signs may extend not more than six and one-half (6½) feet into any front, side or rear yard. i. Accessory structure signs. Signage may be erected on accessory structures as defined in this Chapter; however, such signs shall not exceed twenty-five (25) percent of each façade area of the accessory structure or fifty (50) square feet of total signage on the accessory structure, whichever is less. j. Additional Signs in C-3 District. In the C-3 district a property is permitted one additional building mounted sign, not to exceed four square feet, which meets the requirements of this section. i. The sign may be any color but may not be florescent. The sign may be made of Sign Foam or wood, and shall be no less than 3/4 inches thick nor more than 2 inches thick. ii. Sign may not obscure architectural details such as transoms or arches. iii. Sign must be at least eight (8) feet above the sidewalk, and not more than nine (9) feet above the sidewalk, measured at the lowest point of the sign. Sign must not obstruct pedestrian traffic. Sign may not project out more than four (4) feet from the front of the building. The front of the building shall not include any projections from the plane of the building measured from the point where the building meets the sidewalk. The bracket supporting the sign shall be black in color, with a wrought iron finish, made of aluminum, affixed rigidly to the sign on the top and one side so that the sign does not swing, and of a standard design as designated by the City Administrator. iv. Sign may not be attached to any metal facade. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. v. Only one sign shall be permitted for any building. vi. The Director may refuse to grant permission for any sign which in his or her opinion is not consistent with the overall image of the neig hborhood or which would be detrimental to the use of the sidewalk. 2. Freestanding signs. In addition to all other signs permitted on the property, permanent freestanding signs may be erected as follows: a. Number. A maximum of one (1) freestanding sign is permitted per property frontage along a street or highway. Properties with less than ten (10) feet of front yard building setback depth are not permitted freestanding signage on the frontage. b. Sign area. The sign area of all freestanding signs on a property may not exceed the greater of the following: i. One (1) square foot per two (2) linear feet of street frontage devoted to the use; or ii. One (1) square foot per fifty (50) square feet of gross floor area for the ground level of the main building; or iii. One (1) square foot per two hundred (200) square feet of total land area devoted to the use. c. Height. Freestanding sign height shall be 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, to the top of the sign structure. The maximum height of a freestanding s ign in the C-3 district shall not exceed ten (10) feet. d. Size. A freestanding sign in the C-3 district shall not exceed one hundred (100) square feet. e. Drive-through uses. i. Directional signs. A property that contains a building with a drive-through window is permitted one sign on each side of each driveway accessing the property from a public street, to be located within six (6) feet of the side of the driveway, and one additional sign located anywhere on the property. Such signs shall be a maximum of three (3) feet in height, a maximum of ten (10) square feet in sign area and cannot conflict with visual clear zone regulations or interfere with line of sight for vehicles entering or exiting the site. ii. Menu Board Sign. A property that contains a building with a drive-through window is permitted one sign plus one sign per location where a parked car may communicate through a speaker or window to place an order. Such sign s shall be a maximum size of fifty (50) square feet, a maximum height of te n (10) feet from grade, shall be located within five (5) feet of a drive thorough lane, and may not be located within front or side setback areas as required by Chapter 35, Zoning. 3. Variations from signage requirements. The City Council may authorize variations from the standards of Section 3-5.B when reviewing applications for a special exception permit. C. Signs for uses authorized in residential districts. On premise signs in the RU, RC, RS-1, RS-2, RS-3, RS- 4, RD, RA-1, RA-2, and N-O districts may be erected or constructed after the effective date of this chapter which conform to the provisions of this chapter. 1. On-premise signs for uses listed as a permitted, conditional, or special exception use within Chapter 35, Zoning, in the RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1, and RA-2 districts Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. (excluding day care homes, day care services, single family homes, duplex, triplex, group homes, and community residences) shall be allowed as follows: a. One non-illuminated building mounted sign may be displayed with a maximum size of twelve (12) square feet of sign area, except for uses specified in paragraphs b. and c. below. b. Churches and apartment developments consisting of 16 or more units may display one (1) building mounted or freestanding sign with maximum area of twenty -four (24) square feet. The sign shall be non-illuminated. c. Schools (as defined in Chapter 35) may display building mounted or freestanding signs. Maximum area of total signage shall not exceed one (1) square foot of signage for each ten (10) feet of street frontage. d. Height. Maximum height of building mounted signage in residential districts shall be 20 feet as measured from the grade below the sign. Maximum height of freestanding signage in residential districts shall be 10 feet as measured from the ground at the base of the sign. e. The City Council may grant additional sign area or freestanding signage when reviewing an application for a special exception permit. f. The Board of Adjustment may grant additional sign area or freestanding signage when reviewing an application for a conditional use permit. g. Uses listed as a permitted use in the residential districts may apply to the Board of Adjustment for additional sign area or freestanding signage; such application shall be processed as a conditional use permit. h. Single family homes, duplexes, triplexes, group homes, and community residences are not permitted signage under section 3-5.B. 2. N-O Districts. The maximum allowable sign area in a N-O Zoning District shall be four (4) square feet, which shall be attached to the building. Nonresidential uses in the N-O district may apply to the Board of Adjustment for additional sign area or freestanding signage; such application shall be processed as a conditional use permit. 3. Permitted Home Occupations shall be allowed signage as provided in Chapter 35 of the Code of the City of Jefferson. For the purposes of signage, day care homes and day care services shall be considered home occupations. D. Signs for uses authorized in mixed use districts. On premise signs in the MU -1 district may be erected or constructed after the effective date of this chapter which conform to the provisions of this chapter. 1. On-premise signs for uses listed as a permitted, conditional, or special exception use in MU -1 districts shall be allowed as follows: a. Building mounted signage. Building mounted signs may be displayed with a maximum total sign area for a single building as follows: i. MU-1 district: Maximum building mounted signage area of twenty-four (24) square feet. b. Freestanding Signage. One freestanding sign may be displayed per street frontage with the following dimensions: i. MU-1 district. Maximum freestanding sign size of twenty four (24) square feet. c. Height. Maximum height of signage in mixed use districts shall be as follows: Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. i. MU-1 district. Maximum height of building mounted signage: Twenty (20) feet as measured from the grade below the sign. Maximum height of freestanding signage: Four (4) feet as measured from the ground at the base of the sign. d. Illumination: i. MU-1 district. Signage in the MU-1 district may be externally illuminated by shielded spotlight or non-illuminated. Neon signs and internally illuminated signs are not permitted. e. The City Council may grant additional sign area or freestanding signage when reviewing an application for a special exception permit. f. The Board of Adjustment may grant additional sign area when reviewing an application for a conditional use permit. g. Uses listed as a permitted use in the mixed use districts may apply to the Board of Adjustment for additional sign area; such application shall be processed as a conditional use permit. h. Single family homes, duplexes, triplexes, group homes, and community residences are not permitted signage under section 3-5.C. i. Schools (as defined in Chapter 35) may display building mounted or freestanding signs. Maximum area of total signage shall not exceed one (1) square foot of signage for each ten (10) feet of street frontage. (Ord. No. 15648, §2, 4-17-2017) E. Signs in PUD zoning districts. The location, size and character of on-premise signs in the PUD District shall be established by the Planning and Zoning Commission and the City Council in the Site Plan review and approval process. F. Large Area Commercial Developments. In the C-O, C-1, C-2 districts, the City Administrator, or his designee, may grant special permission for a sign or signs identifying tenants or businesses within a Large Area Commercial Development, which meets the requirements of this section. 1. For purposes of Section 3 -5.F, “Large Area Commercial Development” (or LACD) shall mean an aggregate premises consisting of one or more privately owned premises, that are contiguous, exclusive of right way, and that in the aggregate consisting of at least twenty (20) acres of property zoned C-O, C-1, or C-2, and the boundaries of which consist of all land within a final subdivision plat approved by the City Council or a preliminary subdivision plat approved by the Planning Commission. 2. Location Requirements. a. The sign shall be located on property contained within the LACD. b. The property upon which the LACD identification sign is to be located must be owned by a single person or entity. Any such sign may not be located on commonly owned property. c. Minimum Separation Distance. i. For LACD signs located along Missouri Boulevard frontage, no LACD identification sign may be located within one hundred (100) feet, as measured along the street frontage, of another LACD identification sign for the same LACD. ii. For LACD signs not located along Missouri Boulevard frontage, no LACD identification sign may be located within 1,320 feet, as measured along the Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. street frontage, of another LACD identification sign for the same LACD. 3. The LACD identification sign may include the name and logo o f the LACD. 4. The LACD identification sign shall only include the name and/or logo of tenants or businesses in the LACD. 5. The LACD identification sign shall meet the following sign area requirements: a. The maximum sign area used to represent a single tenant or business on the LACD identification sign shall be two hundred (200) square feet. b. The minimum sign area used to represent a single tenant or business on the LACD identification sign shall be ten (10) square feet. c. Total sign area on the LACD identification sign devoted to tenants or businesses shall be four hundred (400) square feet or less. d. In addition to the sign area devoted to tenants or businesses, the name and logo of the LACD shall be limited to a maximum of fifty (50) square feet of sign area. e. Sign area used for identifying individual businesses or tenants within the LACD shall be subtracted from the available sign area permitted to the business or tenant on the property within the LACD that they are located. In the event that the business or tenant has utilized the entirety of their available sign area at their property location, they shall not be granted space on the LACD identification sign. 6. All tenants or business represented on the LACD identification sign shall be current occupants within the LACD. 7. A signage plan for the LACD shall be submitted and must be approved by the City Administrator or designee. Such signage plan shall include: a. The name, address and contact information of the property owner of the parcel upon which the LACD identification sign is to be located, the registered agent of the property owner if any, and the party responsible for the operation, maintenance, repair, and replacement of the LACD identification sign if different than the identified property owner. If any said information changes, it shall be a requirement of said plan that the Director be notified within 10 days of any such change. b. A diagram showing the exterior boundaries of the LACD and location of the LACD identification sign. c. A breakdown of existing signage and allowable sign area on each of the properties within the LACD, including signage adjustments to account for allowed space on the LACD identification sign. d. An allocation of the sign area on the LACD identification sign to the various properties and/or businesses within the LACD. e. Written approval of the signage plan and allocation of sign area on the LACD identification sign from each of the property owners within the LACD or copies of filed restrictions and covenants, executed contracts, or similar legal documents in place for all of the properties within the LACD outlining the distribution of signage area or identifying the responsible party for decisions regarding distribution of signage area on the LACD identification sign. f. Any amendments to a LACD identification signage plan must be approved by the City Administrator or designee and must be approved by all property owners within the LACD or approved by the responsible party for decisions regarding amendments to the Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. signage plan as outlined bin filed restrictions and covenants, executed contracts, or similar legal documents in place for all of the properties within the LACD. 8. All signage displayed on the LACD sign shall conform with the approved signage plan. 9. Any sign which fails to conform at any time with any provisions of section 3 -5.F or the approved signage plan shall be removed at the cost of the property owner upon whose property the LACD identification sign is located. 10. For the purposes of this section, an individual parcel may not be located within more than one LACD. In the event that a parcel is removed from a LACD or redesignated as being within a different LACD, any signage representing individual tenants or businesses located on said parcel shall be removed from the applicable LACD identification sign. 11. No variance shall be granted to any provision related of Section 3.5.F. Large Area Commercial Developments. G. Master Sign Plans 1. Applicability. After the adoption of this section, all applications for new construction which is intended to contain more than one principal use or business establishment shall be accompanied by a master signage or common signage plan or amendments thereto. The owner of the lot shall be responsible for allocating signs on the lot. 2. Master Signage Plan Contents. Any site plan application for applicable development projects shall include a master signage plan which shall include the following information and follow the procedures specified below: a. Plan. i. Plot plan at scale. ii. Computation of the total frontage of the lot, parcel or tract and maximum total sign area, maximum area of individual signs, heights of signs, and number of post signs. iii. Location and placement of all signs. iv. Setbacks and sign dimensions. v. Landscaping and other site improvements to be coordinated with the sign placement. b. Consent. The master signage plan shall be signed by all owners or their authorized agents in such form as the Director shall require. c. Procedures. A master signage plan shall be included in any development plan, site plan, planned unit development plan, or any other official plan required by the City for the proposed development, and shall be processed prior to issuance of the permit for construction of any sign on a property. 3. The master sign plan must identify the person or entity which will maintain the signs. H. Parcels that are subsequently divided shall remove signs tha t do not comply with Section 3-5. I. Electronic message centers. Electronic Message Centers shall be permitted subject to the following regulations: 1. Permitted Areas. a. Except as specifically provided below, electronic message centers shall be permitted in C-1, C-2, M-1, and M-2 zoning districts; Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. b. Electronic message centers which display only time and temperature or the cost of automobile fuel shall be permitted in the C-O, and C-3 Districts; c. One electronic message center with maximum area of twenty-four (24) square feet may be displayed on each campus of a public or private elementary, middle or high school; and shall be building mounted or part of a detached ground sign. 2. A premises may have no more than one electronic message center sign unless the premises abuts more than one street front, in which case it may have two electronic message centers, with a maximum of one electronic message center per street frontage. A second electronic message center shall not increase the total allowed signage as permitted under this chapter. 3. Electronic message centers may comprise no more than fifty (50) percent of a premises total allowed signage. 4. The message displayed shall be used only for on-premise advertising or AMBER alerts. 5. Electronic message center signs shall be equipped with automatic dimming technology which automatically adjusts the sign’s brightness based on natural ambient light conditions. No electronic message center sign may exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle meter at a prese t distance depending on sign area, measured as follows: Area of Sign (Sq. Ft.) Measurement (Ft.) 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 92 90 95 95 97 100 100 6. Any display on the electronic message center shall remain illuminated and visible for at least four seconds. 7. Messages may be replaced at intervals prescribed in paragraph 6 above, but shall not flash or scroll. 8. Protected areas: Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. a. “Protected area” is defined as a residential zone, a city park, a property identified on the National Register of Historic Places, a property located within a National Register of Historic Places District, a property located within a City of Jefferson Historic District. b. An electronic message center located within 250 feet of a protected area shall be turned off or set to a static display between the hours of 10:00 p.m. and 6:00 a.m. of the following day. 9. Except as provided in Section 3-5.I.1.(c), electronic message center signs are prohibited within 100 feet of a protected area if any part of the sign face would be visible from the protected area. A conservation district or other overlay district may exclude Electronic Message Centers from being erected within the district, after creation of the district. 10. All electronic signs shall be underwriter laboratory listed. 11. No electronic message center shall be displayed in a fashion so as to be confused with emergency lights, traffic lights, or other official signage. 12. A party aggrieved by a regulation of this section 3-5.I may apply for a variance to the regulation from the Board of Adjustment. The Board may grant a variance to the regulation if, among all other required findings of the Board, it finds that because of topography or other unique circumstance, the property would suffer a hardship by enforcement of the regulation as drafted, and that by waiving the specific provision of this section, the economic development base of the community will be increased, and that the variance granted by the Board is the most restrictive the regulation can be and still accommodate the hardship. J. Subdivision Signage. A subdivision is permitted a maximum of sixty-four (64) square feet of permanent signage, allocated among one or more freestanding or building mounted signs, upon property under the control of the subdivision association through owne rship or easement. Such signage shall be erected and maintained by a subdivision or homeowners association representing the lots within a preliminary or final subdivision approved by the City Council. Sec. 3-6. Temporary signs. A. Standards applicable to all temporary signage. 1. Temporary signs shall only be placed on a property by the property owner or after authorization by the property owner. 2. Temporary signs shall not be located upon public right -of-way or street right -of-way. 3. Setback. Freestanding t emporary signs within the Commercial and Industrial districts shall be set back at least ten (10) feet from the paved portion of a street or curb and must be set back at least five (5) feet from any other privately owned property. 4 . Temporary signs located on public right -of-way may be removed immediately in accordance with Section 3 -40. 5 . Temporary signs shall not conflict with visual clear zone regulations out lined in Section 35-55 of the Zoning Code. 6 . Temporary signs shall be kept in good repair, free of tears and securely affixed. 7 . Temporary signs shall not be lighted. 8 . Temporary signs located on the outside of buildings shall be regulated as temporary signs. Temporary signs located on the inside of windows shall be regulated as window signs (window signs are regulated by Section 3 -5 .A.1.e or 3 -5.B .1.e, as applicable). 9 . A sign permit is not required prior to placement of temporary signage that is displayed in Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. compliance with this Chapter. 10. PUD Districts. Temporary signage allowances for property zoned PUD shall be determined based on the underlying zoning distr ict outlined within the PUD Plan or most applicable district based on approved uses as determined by the Director. B. Temporary Signs in the Commercial and Industrial Districts. In the C-O, C-1, C-2, C-3, M-1 and M-2 districts, temporary signs are permitted as follows: 1. Commercial Temporary Signs. Temporary signs defined as a Commercial Temporary sign by this Chapter are permitted in the Commercial and Industrial Districts as follows: a. Building Mounted Commercial Temporary Signs. A business is permitted a maximum of fifty (50) square feet of build ing mounted temporary signage . Building mounted commercial temporary signs may be banners. The permitted building mounted temporary signage may be placed on the primary structure, accessory structures, fences enclosing outdoor seating areas or walkways adjacent to the primary building, or sign structures. b. Freestanding Commercial Temporary Signs. Freestanding commercial temporary signs are not permitted , except as outlined within this subsection . c. Sandwich board signs i. In the C-O, C-1, C -2, M -1, and M -2 districts, o ne (1) sandwich board sign is permitted per front door entrance to a business or tenant space. Sandwich board signs shall have maximum dimensions of four (4) feet tall and t hree (3 ) feet wide and shall be located within fifteen (15) feet of the front door entrance of the business being advertised . ii. In the C -3 Central Commercial District. One (1) sandwich board sign is permitted per property. Sandwich board signs in the C -3 district shall have maximum dimensions of four (4) feet tall and two (2) feet wide and shall be located within 15 feet of the fron t door entrance of the building. Sandwich bo ard signs In the C-3 central commercial district may encroach on the public sidewalk by being placed flush with the front of the building , but shall not be located in a manner that results in less than 6 feet of sidewalk walkway width or otherwise obstructs pedestrian traffic as determined by the director . d. Special allowance for placement of banners on corner properties located at major intersections . Properties located adjacent to intersections of two arterial or collector streets, as shown by the federal functional classification system map, are permitted additional commercial temporary signage as follows: i. One (1) freestanding commercial temporary sign or banner, with a maximum size of twenty -five (25) square feet. Temporary signs affixed back to back or affixed to each side of a back to back sign structure shall be considered a single sign. e. Future Use Temporary Signage During Construction. A property is permitted a maximum of sixty-four (64) square feet of freestanding or building mounted commercial temporary signage while the property has a valid City of Jefferson building permit exceeding $10,000 in construction value. Such temporary signs shall be made of cardboard, plastic, plywood, or may be a banner. f . T emporary signs permitted as commercial temporary signs may be used for non - commercial temporary sign purposes. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 2. Non-Commercial Temporary Signs. Temporary signs defined as a Non-commercial temporary sign by this Chapter are permitted in the Commercial and Industrial Districts as follows: a. Temporary Signs. One (1) freestanding or building mounted non-commercial temporary sign or banner is permitted for a property per frontage on a public stree t. Each freestanding temporary sign or banner shall have a maximum size of twenty-five (25) square feet and may be a yard sign or banner. Temporary signs affixed back to back or affixed to each side of a back to back sign structure shall be considered a single sign. b . Additional te mporary signs during election periods. A property is permitted an additional two (2) freestanding temporary signs, per property frontage on a public street, of a maximum size of thirty -two (32) square feet each for a period of sixty (60) days prior to and five (5) days after a Federal, State, or Local election that represents the district in which the property is located. Such freestanding temporary signs shall be made of cardboard, plastic, or plywood, and shall not be a banner. c . The temporary signs permitted by this section may be used for purposes of advertising the property for sale, holiday message, election signs, or any other non-commercial message as defined for non-commercial temporary sign by this Chapter. C. Residential Districts. In the RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, and N-O districts, temporary signs are permitted as follows: 1. Commercial Temporary Signs. Temporary signs defined as a Commercial Temporary sign by this Chapter are not permitted in the Residential Districts, except in the following instances: a. Temporary Signage During Construction. A property is permitted one freestanding or building mounted commercial temporary yard sign with a maximum size of five (5) square feet while the property has a valid City of Jefferson building permit exceeding $10,000 in construction value. 2. Non-Commercial Temporary Signs. Temporary signs defined as a Non-commercial temporary sign by this Chapter are permitted in the Residential Districts as follows: a. The maximum size of each temporary sign in residential districts shall be five (5) square feet. The temporary signs may be building mounted or freestanding temporary signs. b. Temporary signage allowances for specific uses. In addition to the temporary signage permitted by this subsection, the following uses (when located in a residential district) are permitted one (1) freestanding non-commercial temporary sign or banner per street frontage with a maximum size of twenty-five (25) square feet . Temporary signs affixed back to back or affixed to each side of a back to back sign structure shall be considered a single sign. i. Apartment developments consisting of sixteen (16) or more units. ii. Churches iii. Schools iv. Cemeteries v. Government owned or operated buildings c. Additional temporary signage during holiday season. A property in a residential district is permitted one temporary sign of thirty-two (32) square feet during the period from November 1 to January 31. Such temporary signs shall be made of cardboard, plastic, plywood, or may be a banner. Such signage may be illuminated. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. d. Temporary signs permitted by this section may be used for purposes of advertising the property for sale or open house, holiday signage, election signs, or any other message as defined for non-commercial temporary sign by this Chapter. D. Mixed use districts In the MU-1 districts, temporary signs are permitted as follows: 1. Temporary signs defined as a Commercial tempor ary sign by this Chapter are permitted in the Mixed use districts as follows: a. Building Mounted Commercial Temporary Signs. A business is permitted a maximum of twenty-five (25) square feet of building mounted temporary signage. Building mounted comm ercial temporary signs may be banners. b. Freestanding Commercial Temporary Signs. Freestanding commercial temporary signs are not permitted , except as outlined within this subsection . c. In the mixed use districts, one (1) sandwich board sign is permitted per property. Sandwich board signs in the MU districts shall have maximum dimensions of four (4 ) feet tall and three (3) feet wide and shall be located within fifteen (15) feet of the front door entrance of the building . d. Future Use Temporary Signage During Construction. A property is permitted a maximum of thirty-two (32) square feet of freestanding or building mounted commercial temporary signage while the property has a valid City of Jefferson building permit exceeding $10,000 in construction value. Such temporary signs shall be made of cardboard, plastic, plywood, or may be a banner. e . Temporary signs permitted as commercial temporary signs may be used for non - commercial temporary sign purposes. 2. Temporary signs defined as a Non-commercial temporary sign by this Chapter are permitted in the Mixed use districts as follows: a. A maximum of two (2) non-commercial temporary signs are permitted per property. b. Additional temporary signs during election periods. An additional two (2) non- commercial temporary signs are permitted per property for a period of sixty (60) days prior to and five (5) days after a Federal, State, or Local election that represents the district in which the property is located. c. The maximum size of each temporary sign permitted by this sub -section shall be five (5) square feet. The temporary signs may be building mounted or freestanding temporary signs. d. Temporary signage allowances for specific uses. In addition to the temporary signage permitted by this subsection, the following uses (when located in a mixed use district) are permitted one (1) freestanding non -commercial temporary sign or banner with a maximum size of twenty-five (25) square feet each. Temporary signs affixed back to back or affixed to each side of a back to back sign structure shall be considered a single sign. 1. Apartment developments consisting of sixteen (16) or more units. 2. Churches 3. Schools 4. Cemeteries 5. Government owned or operated buildings Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. e. Additional temporary signage during holiday season. A property in a mixed use district is permitted one temporary sign of thirty-two (32) square feet during the period from November 1 to January 31. Such temporary signs shall be made of cardboard, plastic, plywood, or may be a banner. Such signage may be illuminated. f. Temporary signs permitted by this section may be used for purposes of advertising the property for sale or open house, holiday signage, election signs, or any other message as defined for non-commercial temporary sign by this Chapter. E. Temporary Signage Allowances for Specific Uses. 1. Temporary Subdivision Signage. A subdivision is permitted a maximum of sixty-four (64) square feet of freestanding commercial or non-commercial temporary signage. Such signage may be displayed after a final subdivision plat of the property has been approved by the City Council for a period of three (3) years or until all platted lots have a primary structure constructed upon them, whichever is less. Sec. 3-7. Flags. A. Standards applicable to all flags. 1. Permit Requirements. a. Flags displayed in accordance with this section shall not require a sign permit. b. A building permit is required prior to erection of a flagpole, in accordance with Chapter 8, Buildings and Building Regulations, and Chapter 35, Zoning, of the City Code. Flagpoles shall be set back from property lines in accordance with applicable set back regulations for accessory structures outlined in Chapter 35, Zoning. 2. PUD District. Permitted flags for property zoned PUD shall be determined based on the underlying zoning district outlined within the PUD Plan or most applicable district based on approved uses as determined by the Director. B. Commercial and Industrial districts. Flags are permitted in the C-O, C-1, C-2, C-3, M-1 and M-2 districts as follows: 1. Commercial flags and Non-commercial flags are permitted in Commercial and Industrial districts. 2. A property in a commercial or industrial district may display a maximum of three (3) flags. 3. Flags in commercial districts shall be either affixed to a permanent ground mounted flagpole or affixed to a primary structure. Flags shall not be affixed to sign structures or other accessory structures. 4. Roof mounted flags or flagpoles are not permitted, except in the C-3 Central Commercial district as outlined in Section 3-7.B.6.d. Building mounted flags shall not protrude above the eve of a building. 5. Building mounted flags. Flags affixed to a primary structure shall be either attached flush with the side of the structure or attached to a pole mounted o n the side of the structure. Building mounted flags shall not protrude above the eve of a building nor extend more than one foot into any public right-of-way. If located above a sidewalk or walkway, flags shall not hang less than nine (9) feet above the sidewalk or walkway. 6. Flags displayed in commercial districts shall meet the following standards. a. Flagpole height. The height of a flagpole shall be as follows: Minimum height of twenty (20) feet. Maximum height of seventy-five (75) feet. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. b. Flagpole location. In accordance with setback regulations for accessory structures as outlined in Chapter 35, Zoning. c. Flag size. Flag sizes, represented as height of flag from grade beneath the flag and measure of dimensions of flag size represented as vertical measurement of flag x horizontal measurement of flag, as flag is displayed, shall be as follows: FLAGPOLE HEIGHT MINIMUM FLAG SIZE MAXIMUM FLAG SIZE 30’ or less 3’ x 5’ 6’ x 10’ 40’ 4’ x 6’ 8’ x 12’ 50’ 6’ x 10’ 10’ x 15’ 60’ or higher 10’ x 15’ 15’ x 25’ d. Roof mounted flags and flagpoles are permitted in the C-3 Central Commercial district as follows: i. A building with a minimum height of four (4) stories, not including floors below grade, is permitted one roof mounted flag. Buildings less than four (4) stories in height are not permitted roof mounted flags. ii. Flag height shall not exceed a height of one hundred forty (140) feet as measured from the ground elevation at the intersection of High Street and Madison Street. C. Residential districts and mixed use districts. Flags are permitted in the RU, RC, RS -1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-O, and MU-1 districts as follows: 1. A property is permitted to display a maximum of two (2) flags. 2. Flags displayed in residential and mixed use districts shall be non-commercial flags, as defined by this chapter. 3. Flags in residential and mixed use districts shall be either affixed to a permanent ground mounted flagpole or affixed to a structure. 4. Flags displayed in residential and mixed use districts shall meet the following standards. a. Flagpole Height. The maximum height of a flagpole in a residential district shall be thirty (30) feet. b. Flagpole Location. Flagpoles shall be located in accordance with setback regulations for accessory structures as outlined in Chapter 35, Zoning. c. Size of flag. The maximum dimensions of a flag in a residential or mixed use district shall be 6’x10’. Sec. 3-8. Lighting. All lighting within signs, located on signs, or directed to signs shall not create more than an intensity of five (5) 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. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 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 Director 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. Sec. 3-10. 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 Director shall inspect or cause to be inspected every sign within the city. The Director shall require the removal of any sign which is found 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 Sec. 3-11. Board of Adjustment. A. The Board of Adjustment, hereinafter referred to as the Board, is the Board established in Sec. 35 -100 of Chapter 35 of the Jefferson City Code of Laws. Procedures for appeals, hearings, and meetings of the Board shall be in accordance with Chapter 35. B. Powers of the Board which are in addition to the powers conveyed by Chapter 35 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 Director in the enforcement of this chapter. 3. To grant variances to the maximum size provisions of this chapter where topography or existing building(s) interfere with usual visibility. 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. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. b. Required findings, general. Before granting any variance, the Board shall find all of the following: The proposed variance, if granted, would: i. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. ii. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. iii. Not permit obtrusive or incompatible signs to injury the character of the neighborhood. iv. Not obstruct significant views and vistas. v. Not obstruct vision where such obstruction could create a traffic hazard. vi. 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 B. d. Variance where topography or existing building(s) interfere with usua l 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: i. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. ii. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. iii. Not permit obtrusive or incompatible signs to injury the character of the neighborhood. iv. Not obstruct significant views and vistas. v. Not obstruct vision where such obstruction could create a traffic hazard. vi. Be in keeping with the general spirit and intent of this chapter. 4. To grant Conditional Use Permits for certain on-premise signs, including signs authorized through conditional use review in Sections 3-5.C.1.f and g, 3-5.C.2, and 3-5.D.1.f and g. a. The Board shall find for all Conditional Use Sign(s), or imposed conditions thereon to ensure, that the Conditional Use Sign(s) will: i. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. ii. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood. iii. Not permit obtrusive or incompatible signs to injury the character of the Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. neighborhood. iv. Not obstruct significant views and vistas. v. Not obstruct vision where such obstruction could create a traffic hazard. vi. Be in keeping with the general spirit and intent of this chapter. Secs. 3-12 - 3-19. Reserved. Section 2. Chapter 3 (Advertising and Signs) is amended by the deletion of Section 3-21 (Rules and Regulations) subsection B as follows: B. 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 t han 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 s hall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to a civil penalty of Two Hundred Fifty Dollars ($250.00). Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Section 3. Chapter 3 (Advertising and Signs) is amended by deleting the language in Chapter 3 section 22 in its entirety. Sec. 3-22. Enforcement, Violations and Penalty. Reserved. Section 4. Chapter 3 (Advertising and Signs) Article 4 (Banners on Utility Poles) is deleted in its entirety and replaced, as a newly created Article pertaining to Enforcement, as follows: ARTICLE IV. ENFORCEMENT Sec. 3-40. Enforcement, Violations and Penalty. A. Enforcement by the Director. 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 Director shall institute proper action or proceedings to: 1. Prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; 2. Restrain, correct or abate such violation; or, Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 3. Prevent any such illegal act, conduct or use. B. Actions, Orders and Directives. The Director shall have the authority to establish priorities for the abatement of violations of this Chapter and implement appropriate procedures or remedies as provided herein. To abate the violatio ns. In addition to all other powers conferred upon the Director by this Chapter, he or she shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this Chapter. Failure of the alleged violator to promptly comply with such lawful orders or directives shall be deemed a violation of this Cha pter. The following remedies and enforcement powers may be used by the Director to administer and enforce this Chapter. 1. No Action. After careful consideration of the facts and circumstances, the Director may authorize no action be taken on a complaint of an alleged violation of this Chapter. 2. Agreement to Abate. The Director may enter into an agreement with a violator to abate the violation within a certain time fra me based upon certain conditions within the agreement. 3. Notice and Order. The Director may issue a notice and order to the violator ordering the cessation of the illegal condition. 4. Permits Approved with Conditions. The Director may grant approval of a sign permit or other administrative action within the authority assigned to the Director subject to the condition that the violation be corrected. 5. Revocation of Permit. Written notice of permit revocation shall be served upon the owner, the owner’s agent, tenant or lessee, or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location. Thereafter, no such construction shall proceed. Any permit or other form of authorization required under this Chapter may be revoked when the Director determines that: a. There is departure from the plans, specifications or conditions as required under terms of the permit; b. The permit was procured by false representation or was issued by mistake; or c. any of the provisions of this Chapter or the City Code are being violated. 6. Stop Work. With or without revoking permits, the Director may order work to discontinue on any building or structure on any land on which there i s an uncorrected violation of a provision of this Chapter. 7. Municipal Court Action. The Director may issue a General Ordinance Complaint to the violator requiring appearance in the Municipal Court for abatement of the violation. C. Appeal of Decisions of the Director. 1. Where it is alleged there is an error in any order, requirement, decision or determination made by the Director, any aggrieved person may appeal the order, requirement, decision, or determination to the City Administrator or his designee. The order of the Director shall be stayed during the appeal to the City Administrator. 2. Any person aggrieved by the decision of the City Administrator or his designee may appeal the order, requirement, decision, or determination to the Board of Adjustment in accordance with the provisions of 35-73.C of the Jefferson City Zoning Code. Appeals shall be filed within ten (10) days of notification of the City Administrators decision. During the pendency of any appeal to the Board of Adjustment, any sign or advertising device or structure permanently affixed shall be covered so as not to display any message. If the sign or advertising d evice or structure may be removed without damage, it shall be removed during the pendency of the appeal. D. City's right to remove illegal sign, procedures to be followed. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 1. Notwithstanding the requirements of section A above, if the Director 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 or she 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 Director; 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 constitut e a lien upon the property. 2. Any sign located in the right of way which has not received permission from the City Council for location in the right of way shall be immediately removed and may be destroyed as an abandoned sign. 3. The Director 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 with the Board of Adjustment, pursuant to Section 35-73.C pertaining to appeal of administrative decisions, to determine whether there was probable cause to remove the sign. E. 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 code violation for each and every day that said violation continues. F. Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Section 5. Chapter 3 (Advertising and Signs) is amended with the replacement of the term “Building Official” with the term “Director” in all instances. Building Official Director Section 6. Chapter 32 (Streets and Sidewalks) is amended by incorporation of a new Article pertaining to banners over streets as follows: ARTICLE IX BANNERS ON UTILITY POLES OR OVER STREETS Section 32-600. Purpose. The purpose of this section is to establish the practice and procedure for placement of banners on utility poles or over streets within certain areas of the City of Jefferson. Section 32-601. Practice. The Department of Public Works, under the direction of the Director of the Department of Public Works, shall be the lead department in the administration of this policy. (Ord. 13600, §3, 9 -2-2003; Ord. 15098, §1, 4-1- 2013 ) Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. Section 32-602. Banners on Utility Poles A. Requests for overhead banner placement shall be submitted, in writing, to the Department of Public Works not less than four weeks prior to the desired display period. Requesting organizations should contact the Department of Public Works for an application form and instructions. The application shall be accompanied with an installation fee as outlined in Appendix Y. The installation fee will be refunded should the application not be approved. B. Banners may be installed for the benefit of non -profit organizations such as, but not limited to, educational institutions (at high school level or higher), associations formed for the purposes of business, and city boards or commissions. C. For purposes of this policy, a “display period” shall consist of March 7th through August 14th, August 15th through November 14th, and November 15th through March 6th. D. Applications will be approved on a first -come, first-served basis excepted as stated hereinafter. The date of receipt of the required fees shall constitute the application date. E. All overhead banners shall be installed under the direction of the Department of Public Works. Requesting organizations may not install banners. Banners will not be installed until all permits, fees and approvals are in place and the requesting organization has delivered the banner to the Department of Public Works’ administrative offices. F. This program allows for inspection by the City of existing banners/brackets at an annual cost of $10 per banner. Should the Director of Public Works determine that a banner needs to be replaced or should the requesting organization choose to change a banner, the cost for such replacement or change shall be $10 per banner. Removed banners must be claimed by the organization at the Department of Public Works offices no less than ten (10) business days after the organization receives notice of removal. A letter mailed to the organization’s registered address will constitute notice. Unclaimed banners will be discarded. G. Organizations will be required to have a minimum of either two (2) banners, or at least five (5) percent of the total installed banners, whichever is greater, in reserve for replacements of damaged banners. H. The organization shall be responsible for all banner production costs and must deliver the banner to the Department of Public Works complete and ready for installation in accordance with the Department of Public Works specifications. I. The organization will hold harmless the City of Jefferson, Missouri from any damages which may arise from the placement of the banner. J. Banner specifications shall be as follows: Size: up to forty-eight (48) inches high (outside edge to outside edge) and sixty-four (64) feet six (6) inches long; banner must have a three (3) inch hem along the top and bottom edge for cabling, with reinforced double stitching; material shal l be 18 oz. Vinyl or banner canvas (Sunbrella) with wind slits to reduce wind load; banners must be printed on both sides; banner may not include any commercial or sponsor logo or advertisement; and banners must be clean and serviceable. All banners submitted by an organization for display during the same time period must be of the same size. (Ord. 15098, §2, 4-1-2013) Section 32-603 Temporary Event Banners Over Streets. A. Other provisions of this chapter not withstanding, temporary event banners may be erected in connection with a specific event across public streets subject to the following conditions: 1. Banner may not be attached to a light or utility pole. 2. Permission must be obtained from the property owners on either side of the street where the banner crosses the street. Scrivner’s Note: Inserted text shown as thus. Deleted text shown as thus. 3. Erection of the banner shall be subject to obtaining permission of the Director of Public Works or his or her designee who may impose conditions as to height, materials, and manner of construction. 4. Banner may be up for a period of no more than four (4) days and may not be put back up for three (3) days. 5. The temporary event banner must be erected by an association which has been organized for at least two (2) years and with at least twenty-five (25) dues paying members. 6. The temporary event banner may only advertise the event, and may not advertise any specific business, individual, or organization. 7. The temporary event banner must not interfere with traffic if it is to be maintained at times when traffic is passing under it. 8. No less than one (1) week prior to placing the temporary event banner, a permit must be obtained from Director of Public Works or his or her designee. Before issuing the permit the Director of Public Works shall verify that the banner complies with this section and that the applicant meets the eligibility requirements. Fees shall be as set forth in Appendix Y. Section 32-604. Exceptions. The banners listed in this article are not subject to the definitions of banners or advertising devices in Chapter 3 of the Code of the City of Jefferson. Section 31-605. Ownership. The City of Jefferson shall be the owners of any banners placed pursuant to this article but the City Administrator shall be authorized to gift the banners back to the donor upon their removal. Section 7. Appendix Y is amended with insertion of the following: Chapter: 32 Section: 602 Section Title: Banners on Utility Poles Fee: $10.00 per banner to be installed. Chapter: 3 Section: 603 Section Title: Temporary Event Banners Over Streets Fee: $20.00 for the first placement of each banner during any calendar year and an additional $5.00 for each subsequent placement in the calendar year. Section 8. Chapter 32 (Streets and Sidewalks) is amended with the replacement of the term “Director of Planning and Protective Services” with the term “Director of Public Works” in all instances except within Section 32-103. Director of Planning and Protective Services Director of Public Works (Except in Section 32-103) Section 9. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Liil/tyt,“ ,(W) ADiO Approved: 711t • 2-1 2'O /g - „rept/cm, _-dalLA / ./A /!/. Presiding Officer Mayor Carrie Tergin d ATTEST: APPROVED AS TO FORM: City Clerk City C. ► elor Scrivner's Note: Inserted text shown as thus. Deleted text shown as thus.