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HomeMy Public PortalAbout2018-07-12 packet Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Notice of Meeting & Tentative Agenda City of Jefferson Planning and Zoning Commission Thursday, July 12, 2018 ~ 5:15 P.M. City Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through Main Lobby All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introductions 2. Procedural Matters • Determination of quorum and designation of voting alternates • Call for cases • Receive and review requests for continuance • Receive requests for reordering the agenda • Format of hearing • List of exhibits 3. Adoption of Agenda (as printed or reordered) 4. Approval of the Regular Meeting Minutes of June 14, 2018 5. Communications Received 6. New Business/Public Hearings Case No. P18016 –Text Amendment Pertaining to Chapter 3 of Jefferson City Code, Advertising and Signs. Request filed by city staff to amend the text of Chapter 3, Advertising and Signs. The complete text of the amendment is available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. 7. Other Business A. Sunset/McKay Court rezoning (Single family neighborhood currently zoned for duplexes) B. Southside Rezoning #1 C. Staff updates on prior cases D. Election of Officers 8. Adjourn MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION June 14, 2018 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 9 of 10 Jack Deeken 9 of 10 Dean Dutoi 4 of 10 Chris Jordan, Chairman 10 of 10 Michael Lester 9 of 10 Michelle Mahoney 7 of 10 Blake Markus 6 of 10 Dale Vaughan 9 of 10 Chris Yarnell, Vice Chairman 7 of 10 Hank Vogt, Alternate 1 of 1 COMMISSION MEMBERS ABSENT Matthew Hall, Alternate 3 of 10 COUNCIL LIAISON PRESENT Carlos Graham, Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Bryan Wolford, Associate City Counselor Eric Barron, Planning Manager Shane Wade, Civil Engineer II Ian Zollinger, Planner Ahnna Nanoski, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex-officio Members and Staff The Chairman, all regular members and one alternate was present. A quorum was present. Designation of Voting Alternates Chairman Jordan explained that staff has requested to reorder the agenda to hear Case No. P18015 first, the Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Ms. Cotten moved and Mr. Dutoi seconded to reorder the agenda to hear Case No. P18015 the Final Subdivision Plat of Turtle Creek Subdivision, Section Two, first. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell The Chairman announced that all regular members are eligible to vote on Case No. P18015 the Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Ms. Cotten announced that she will be leaving after Case No. P18015 the Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Chairman Jordan announced that Alternate Vogt will be eligible to vote on Case No. P18014, Creation of the School Street Local Historic District. Jefferson City Planning & Zoning Commission Page 2 June 14, 2018 2. Procedural Matters and Procedures Explained Mr. Zollinger explained the procedures for the meeting. The following documents were entered as exhibits. Mr. Zollinger advised that copies of the exhibits are available through the City Clerk or the Department of Planning and Protective Services: The City Code of the City of Jefferson, as amended Comprehensive Plan and Land Use Map Copies of applications under consideration A list of property owners to whom notices were sent Affidavit of publication of the public notice in the newspaper Rules of Procedure, Planning & Zoning Commission Mr. Zollinger submitted the following items for the record: Staff reports Minutes of proceedings Copies of drawings, plans, and/or renderings under consideration Letters or memoranda from staff Materials submitted by the public or applicants pertaining to the cases under consideration Councilman Graham arrived at 5:23 p.m. 3. Adoption of Agenda Ms. Cotten moved and Mr. Dutoi seconded to adopt the agenda as reordered. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell 4. Approval of Minutes of the Regular Meeting of May 10, 2018 Mr. Yarnell moved and Mr. Lester seconded to approve the minutes of the Regular Meeting of May 10, 2018 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell 5. Communications Received Correspondence was received for Case No. P18014. 6. Other New Business Case No. P18015 – 1050 South Country Club Drive, Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Request filed by Lage LLC, property owner, for a Final Subdivision Plat of 13.64 acres consisting of 34 lots. The property is zoned RS-2 Single Family Residential and is located on the west side of South Country Club Drive 350 feet north of Old Lohman Road and is described as part of the Southwest Quarter of Section 8 and part of the Northwest Quarter of Section 17, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Zollinger described the proposal and explained that this is the final phase of Turtle Creek Subdivision. He stated that Section Two consists of 41 lots on 16.02 acres and is zoned RS-2 Single Family Residential. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and distributed a visual depicting the layout of the proposed subdivision. Mr. Samson explained that the existing street, Tanman Court, will be extended. He stated that two new streets, Ronan Court and Ryder Court will end in a cul-de-sac. Mr. Samson explained that Tanman Court and Ryder Court both have extensions of right-of-way that go to the property line that would permit future extensions onto adjacent properties for future developments. He stated that parking will be allowed on one side of all streets. Mr. Samson explained that sidewalks will be constructed on one side of all streets. He stated that construction will be in two phases with Ronan Court constructed first and once all of the lots are sold Ryder Court would be the last phase. Mr. Samson explained that Lot 48 would be dedicated to the City for maintenance of a stormwater quality basin. No one spoke in opposition to this request and no correspondence was received. Jefferson City Planning & Zoning Commission Page 3 June 14, 2018 Mr. Zollinger gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Samson concurred with staff comments and recommendations. Ms. Cotten moved and Mr. Yarnell seconded to recommend approval of the Final Subdivision Plat of Turtle Creek Subdivision Section Two, subject to comments and technical corrections of the Planning and Engineering Divisions, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell Ms. Cotten left at 5:46 p.m. Chairman Jordan announced that Mr. Vogt is eligible to vote. 7. New Business/Public Hearings Case No. P18014 –Creation of the School Street Local Historic District. Request filed by Jenny Smith, lead applicant, and 21 other property owners within the proposed district for the following: 1. Creation and designation of the School Street Local Historic District for an area containing 28 property parcels and consisting of approximately 4 acres. 2. Enactment of design guidelines for properties within the district, including regulations requiring review and approval of new buildings and building modifications by the Historic Preservation Commission. The proposed historic district is generally located south of East McCarty Street, east of Wears Creek, North of Highway 50/63, and on Lafayette Street frontage. Maps of the proposed historic district area and proposed design guidelines are available on the Planning and Zoning Commission website at: www.jeffersoncitymo.gov and are on file at the Department of Planning and Protective Services and available for review during regular business hours. Mr. Barron described the proposal and explained that the primary purpose of a local historic district is to regulate building design in the interest of preserving historical character. He stated that a tiered structure of tools for historic preservation was put in place in 1998: (1) Neighborhood Conservation Advisory District; (2) Neighborhood Conservation Planned District; and (3) Historic District. Mr. Barron explained that in 2006, the City C ode was amended and the first two items in the tiered structure were removed and replaced with the Neighborhood Conservation Overlay District section of the Zoning Code. He stated that the Capitol Avenue Overlay District is a form of the Conservation Overlay District. Mr. Barron explained that statutory authority for design requirements is largely rooted in zoning powers, and it is therefore necessary for the proposed historic district to be reviewed by the Planning and Zoning Commission. He stated that the role of the Planning and Zoning Commission is to conduct a public hearing, review and make a recommendation on the application to the City Council. Mr. Barron explained that the Planning and Zoning Commission has a number of options when making a recommendation. They can make a positive recommendation, a negative recommendation, a neutral recommendation or any other recommendation that they feel the City Council needs to consider. He stated that if approved, the School Street area would have the highest historic designation available at the local level, a designation that exists nowhere else within the City. Mr. Barron explained that a public informational meeting for property owners within the area was held on April 19. He stated that the informational meeting focused on the details of the proposal, application process, and resulting regulatory requirements. Mr. Barron explained that on May 1 the Historic Preservation Commission voted to approve the proposal, and their recommendation for approval will be forwarded to the City Council along with the recommendation by the Planning and Zoning Commission. He stated that application was signed by 22 of the 28 property owners within the proposed district, which meets the 75% property owner signatory requirement for application for a local historic district. Mr. Barron explained that the application includes proposed design guidelines, which are a subjective set of criteria that would be used by the Historic Preservation Commission when reviewing future building permit applications for the area. If approved, any future exterior building proposals or modifications in the area would be subject to Historic Preservation Commission review and approval. Mr. Barron discussed the proposed design guidelines for existing buildings, new buildings and site features. He stated that new construction and exterior modifications would be subject to review by the Historic Jefferson City Planning & Zoning Commission Page 4 June 14, 2018 Preservation Commission. Mr. Barron explained that a large portion of the proposed local historic district is located in the floodplain as shown on federal floodplain maps. He stated that federal floodplain regulations only allow improvements to an existing structure located within a floodplain of up to 50% of the structure value, which is known as the Substantial Improvement Clause. Mr. Barron explained that federal regulations include a provision for elimination of the 50% maximum improvement value for contributing structures within a certified historic district. He stated that City staff is uncertain as to whether historic designation at the local level would result in removal of the 50% Substantial Improvement rule. Mr. Barron explained that Staff has no information that formation of the district would actually result in relief from those Federal floodplain regulations. He stated that Staff have tried to seek clarification on this item and have gotten no clear answers. He stated that a supplementary case file information packet was distributed at tonight’s meeting that includes the following information: (1) Email communication through Jayme Abbott, Neighborhood Services Manager, regarding Certified Local Historic Districts; and (2) Correspondence to the State Historic Preservation Office requesting determination on impact of Historic District Designation of Floodplain Regulations. Mr. Barron explained that designation of flood prone areas as open space within urban comprehensive planning documents is common, and the bulk of the proposed School Street Historic District is recommended as open space within the land use plan component of the adopted Central Eastside Neighborhood Plan. Mr. Barron gave the staff recommendation and explained that the negative recommendation is based on: (1) Staff’s level of discomfort regarding the floodplain issues, the unknown processes associated with and unknown consequences of the floodplain issues, and; (2) that the Historic District is the wrong tool for preservation of the area, that the Conservation Overlay District (what was established for Capitol Avenue) is the more appropriate tool. Mr. Barron explained that the administrative burden created by formation of the district, both on property owners and on the City, is higher than necessary and there are other tools available to provide for design requirements. He stated that the findings of historic significance by the Historic Preservation Commission should be recognized by this body. Mr. Barron explained that the Historic Preservation Commission is the body that is assigned such responsibility by the City Council and their findings should be given due weight by the Planning and Zoning Commission. Jenny Smith, 1211 Elmerine Avenue, spoke regarding this request and explained that she owns property at 612 and 614 E. McCarty Street. She stated that the Planning and Zoning Commission is not the proper purview for a review of the creation of a local historic district. Ms. Smith explained that this may be the appropriate purview to hear design guidelines. She stated that the design guidelines are based on the Capitol Avenue Overlay District guidelines. Ms. Smith explained that snice the stormwater channel was built in the 1960’s it has helped mitigate flooding in this area. She stated that the benefits of a local historic district include: (1) revitalization of neighborhoods; (2) preservation of the character of the district; (3) enhancement of property owner’s sense of pride, which leads to better maintenance of their property; (4) enhancement of a sense of community; (5) leading to a sense of voice in a community’s own future in a structured way; (6) and that the residents in this area are aware of the risk of living in a floodplain. They are not trying to take advantage of federal regulations; (7) the impetus for submitting this application was that the City wants to create a park/open space in this neighborhood; (8) 75 percent of the property owners in this area support the creation of this proposed local historic district. Mr. Yarnell inquired why choose a local historic district over a Conservation Overlay District. In response, Ms. Smith explained that a local historic district would provide the best protection for the neighborhood. The following individuals spoke in favor of this request: • Steve Denalfo, resides at 1302 Roseview Drive, owns property at 618 E. McCarty Street. Mr. Denalfo discussed flood insurance costs and commented that the existing channel was built to prevent flooding. The houses that were removed and the construction of the new Lafayette Street interchange has helped mitigate flooding. • Doug Record, 1009 Fairmount Boulevard, is a member of the Historic Preservation Commission and is speaking on behalf of Chairperson Ms. Mary Schantz. Mr. Record commented that at their May 1, 2018 meeting the Historic Preservation Commission heard testimony from residents that this proposed local historic district is important to them. Other comments made were in reference to the history in this area. Mr. Record explained that the Historic Preservation Commission passed this request unanimously. Jefferson City Planning & Zoning Commission Page 5 June 14, 2018 • Mike Gorman, resides at 305 Crest Avenue, Holts Summit, Missouri and owns property at 608 E. McCarty Street. Mr. Gorman commented that he learned of the Department of Parks, Recreation and Forestry’s proposal in their long term plan to make this area a green space. The properties adjacent to his were purchased for that purpose. Without some type of protection it would be very difficult to make improvements to his property under the Substantial Improvement Rule. He explained that a local historic district designation will help improve the neighborhood. • Jane Beetem, 1623 Payne Drive, distributed a more detailed handout of her comments. She stated that discussions related to the floodplain are irrelevant to review of design guidelines. The 50 percent rule prohibits rehabilitation in this area currently. There are vacant houses in this area that cannot be rehabbed because it is cost prohibitive. The Wears Creek Channel has protected the area from flooding. • Winn Harrison, 1916 County Road State Route OO, Holts Summit, Missouri, commented that he has not seen flooding since the Wears Creek Channel was built. • Tony Smith, resides at 1211 Elmerine Avenue and owns property at 612 and 614 E. McCarty Street and commented that property owners in this area will not be bought out if flooding occurs, which happened in Cedar City after the 1993 flood. Ourselves and other property owners are doing work on the interior of their homes and are not exceeding FEMA guidelines. We would like to be able to renovate the exteriors too. The reason that we are pursuing the creation of a local historic district is that the City owns five of the 28 properties in this area and the City wants to tear those properties down. We are also concerned of the long term plan of letting our properties depreciate and the fact that we would not be given market value for our property. The following individuals spoke in opposition to this request: • Reverend Cassandra Gould, Pastor of Quinn Chapel A.M.E. Church, 1521 Hough Street stated that the applicants have cited repeatedly their desire to maintain the historic value of that community and I too want to maintain the historic value of that community. On behalf of parishioners that have called Quinn Chapel home for 168 years I find it odd and hurtful that our church was not considered a part of this proposed district. If indeed the idea was to maintain black history and to make sure that was represented, it is interesting that the applicants were intentional about leaving out the oldest black entity in this city. It is interesting that you did not hear from any actual residents of this area, you only heard from investors that own property in this area and are protecting their investments. I do not think that decisions should be made by people who are outside of the community trying to make a decision for people inside the community. One of the things that Ms. Smith and Ms. Beetem decided was that you have a new building but we are still 168 years old. We were displaced by the construction of the Lafayette Street interchange and that is why we have a new building. Even with that our parishioners were intentional in staying in this community. I believe that this application is an attempt to exclude the very people who this community was built around and the very people who actually created the history. I am asking that this applicant be rejected and that if there is a historical district that it includes Quinn Chapel A.M.E. Church specifically. I honestly think the corridor from the Lincoln University to Quinn Chapel A.M.E. Church should be included. I did make a presentation at the Historic Preservation Commission. This is a community that has been blighted. What we need in this community is not just preservation of ideas and history but also commerce so that the community can be more vibrant. I am not against historic districts. If this proposal is to move forward it should include Quinn Chapel A.M.E. Church no matter the age of the building. We are still a stakeholder in this community and one of the oldest churches of any kind in this community and again the oldest entity to be started by people of color. • Reverend Kimberly Woodruff, 808 Jackson Street, commented that she is a lifelong member of Quinn Chapel A.M.E. Church. The old building was in the floodplain and the basement was flooded numerous times due to rain and not because of the 1993 flood. I am offended that people own property in the community but they do not live there. I find it offensive that they did not do enough research to know that Quinn Chapel A.M.E. Church should be included in any kind of decision that this area should be made into a historic district. • Mr. Arthur Brown, 714 Clark Avenue, commented that he wants to clarify some concerns. In 1994, across the street from Randy Halsey’s house, I saw a car washed down the street because of the flood. The Physical Plant Director at Lincoln University lived on the left hand Jefferson City Planning & Zoning Commission Page 6 June 14, 2018 side of School Street and the grounds crew helped clean up his basement. Coach Reed lived on the right hand side of School Street and he had flood damage. Other residents had flood damage too. During segregation a lot of people could not live on School Street, McCarty Street was the dividing line. When they tore down the buildings on Lafayette Street they fled, that is when the black people moved in. That is why it is historic. • Mr. Glover Brown, Executive Director of the Friends of Lafayette Street and the Historic Foot District, 1700 Valley Hi Road, commented that Quinn Chapel A.M.E. Church was excluded from the district even though it is the oldest black entity in Jefferson City. We have proposed an economic development package for the corner of Lafayette Street and McCarty Street. We are offering an economic development package to enhance the neighborhood first, then the community and then the City. He stated that Ms. Smith commented that the City made a mistake buying 408 Lafayette Street. In our proposal we are looking at purchasing 408 Lafayette Street thus eliminating that burden for the City and again offering economic development for this area. We are not in opposition of the historic district. What we want is for the Planning and Zoning Commission to reject the application as it is currently proposed and rewrite it. We are looking at creating a historic district that will include not just School Street, but let us look at the historic area in Jefferson City that goes from Lafayette Street to Clark Avenue and from Dunklin Street to Miller Street. • James Robinett, Jr., 1675 County Road 390, Holts Summit, Missouri, is representing the Jefferson City Chapter of the NAACP. During the Applicant’s presentation she spoke of the proposed historic district being the community’s voice. When it is not inclusive of the people in this community or a historic church it is not a community voice. It might represent some property owners but it does not represent the community. The Jefferson City branch of the NAACP opposes the application until it becomes inclusive. It is great that they want to preserve the homes in this area by creating a historic district but that has to be an inclusive effort. • Ouida S. Tolbert, 726 Lafayette Street, commented that she is not in opposition but in support of inclusion. Historic preservation is our purpose here. I am not a member of Quinn Chapel A.M.E. Church but it is a real joy to stand with Quinn Chapel A.M.E. Church in this support of inclusion. I have observed Quinn Chapel A.M.E. Church’s influence throughout Jefferson City. The following individuals wished to speak regarding this request: • Roger King, 1205 N. Park Avenue, Springfield, Missouri, explained that he used to live at 901 Roland Court. As I grew up here I saw the history, I started to see the houses and the people that cared about this community. I have resided in Springfield for the last 33 years and have resided in the midtown neighborhood historic district. I have seen blighted neighborhoods that were turned around by a historic district in Springfield. I believe that Jefferson City can do the same for blighted neighborhoods. Jefferson City needs to realize and recognize their historic properties. Correspondence in favor of the request was received from the following individuals: • Tony Smith, 1211 Elmerine Avenue • David Heise, 320 Marshall Street • Janet & Jim Gallaher, 4321 Tanner Bridge Road • Pam Taylor • Tammy Boeschen, President, Historic City of Jefferson, PO Box 105056 Correspondence expressing concerns about this request was received from Phil Freeman, Chair, Old Town Revitalization Committee. Mr. Vaughan inquired if Quinn Chapel A.M.E. Church can be added to the historic district just because of the age of the building being new. Mr. Wolford clarified that a noncontributing building can be included in the district. He explained that Quinn Chapel A.M.E. Church cannot be added to this current application, it would require a new applicaiton. The Chairman allowed rebuttal testimony from the Applicant and one person speaking in favor, in opposition and others wishing to speak. He stated that each person is allowed three minutes of testimony. Jefferson City Planning & Zoning Commission Page 7 June 14, 2018 Ms. Jenny Smith, 1211 Elmerine Avenue, gave rebuttal testimony regarding this request and apologized to Quinn Chapel A.M.E. Church for excluding them from the proposed historic district. She stated that Quinn Chapel A.M.E. Church is historic and we fully recognize your importance and contribution to the community. Ms. Smith explained that Quinn Chapel A.M.E. Church is not a contributing property because they are a new building. She stated that every other building is over 100 years old. Ms. Smith explained that at this point we cannot include them in the proposed historic district without starting a new application. She stated that the size of this proposed historic district is small because this is a massive project. Ms. Tammy Boeschen, President of the Historic City of Jefferson, 728 Deer Creek Road, gave rebuttal testimony in favor of this request. Ms. Boeschen commented that Jefferson City lags behind in realizing and recognizing their historic properties. She stated that Mr. Glover Brown mentioned economic development. Economic development does not have to fall in this district. Quinn Chapel A.M.E. Church is a historic part of this community but since their building is new they were excluded from further discussions about being included in the proposed historic district. The houses in this proposed historic district are in danger of demolition by neglect. The overall plan by the City is to let them fall down so that they can tear them down and become green space. Therefore, there is urgency for protection for this proposed historic district. The Historic Preservation Review of Demolition Permits Ordinance that was recently enacted says that the only protection for properties is if the building is over 100 years old or older or if it is in a local historic district. This is the only way that we can protect the houses that still stand that are over 100 years old. Reverend Cassandra Gould, Pastor of Quinn Chapel A.M.E. Church, 1521 Hough Street, gave rebuttal testimony in opposition to this request. Reverend Gould clarified that she is not opposed to historic preservation, she is opposed that Quinn Chapel A.M.E. Church was excluded from the proposed historic district. She referenced an email from Ms. Smith dated July 10, 2017. Reverend Gould asked for an inclusive project that includes the oldest black entity in this community. Mr. Roger King, 1205 N. Park Avenue, Springfield, Missouri, gave rebuttal testimony in a neutral position to this request. Mr. King explained that he has lived in a historic district for 33 years in the Midtown District in Springfield. He stated that property values range from $350,000 to $18,000. Mr. King explained that it took a community in Springfield to want to turn Midtown around. He stated that this community does as well. Mr. Brown explained that there is an amazing corridor along Lafayette Street from Lincoln University to the Federal Courthouse and starting at Immaculate Conception Church on East McCarty, past Lincoln University and going into the neighborhoods. In a historic district every building does not have to be 100 years old it has to be a district of historic significance. Chairman Jordan closed testimony at 8:05 p.m. Councilman Graham left at this time. Mr. Barron gave the Planning Division staff report. Mr. Barron clarified that the Historic Preservation Commission’s vote on the formation of the proposed historic district was 4 – 2 and not unanimous as stated in previous testimony. The vote on approval of the design guidelines was unanimous. Discussion: Mr. Deeken commented that this is about saving the buildings and I think this is the only option that the Applicant has. I understand Quinn Chapel A.M.E. Church’s dilemma but that is a cultural district. If Ms. Beetem would have been tasked with that it would have taken months or maybe years to do all of the history that is involved. This is not a cultural issue, I think this is a way to save those buildings. I support this request. Motion: Mr. Lester moved and Mr. Markus seconded to recommend a neutral recommendation for the creation of the School Street Local Historic District and proposed design guidelines for the School Street Local Historic District, to the City Council. Jefferson City Planning & Zoning Commission Page 8 June 14, 2018 Explanation: Mr. Lester explained that he questions the appropriateness of the Planning and Zoning Commission weighing in on this while the Historic Preservation Commission approved the creation of the School Street Local Historic District. Given the exclusion of significant aspects of the district and the surrounding area I think we should be neutral. Mr. Markus commented that this has been presented to us with the cultural aspect of the African American community. It somewhat bothers me that it is being presented that way when I think in reality it is being used to prop up old buildings and get out of federal regulations for the people who own the property. But I still think that an important thing to consider is that there is historical significance for those buildings. I did not care for the way it was presented with a packet full of African American history. For those reasons I would say to send this request to the City Council with a neutral recommendation. Vote: The motion passed 5 to 3 with the following roll call vote: Aye: Deeken, Lester, Mahoney, Markus, Vogt Nay: Dutoi, Vaughan, Yarnell 8. Other Business A. Staff updates on prior cases None. 9. Adjourn. There being no further business, the meeting adjourned at 8:22 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary Jefferson City Planning & Zoning Commission July 12, 2018 Case No. P18016 Text Amendment Pertaining to Chapter 3 – Advertising & Signs Chapter 3 – Advertising and Signage Staff summary of proposed amendments Overview: The proposed amendments are best described as a rewrite of Article 1 of Chapter 3, pertaining to on-premise advertising and signage. Staff conducted a large amount of research when drafting the proposed sign code amendments, including reviewing other cities codes, conducting field research, and reading articles and watching webinars on signage topics. While staff used the existing Chapter 3 as a template and guide, the number of amendments are too numerous to track. Staff have summarized the proposed amendments within the description of each section of the rewritten Article (staff comments in italics). Section 3-1 Purpose and Intent – describes the intent of the chapter and findings that support enactment of regulations to advertising and signage. This section was rewritten to lend more support to the purpose, intent, and findings that support the rest of the chapter. Section 3-2 Applicability – describes how the regulations apply, including assigning responsibilities to owners over tenant signage, message neutrality statement, list of signage that regulations do not apply to, and list of prohibited signage. This is a new section, meant to clarify rules of applicability, and the list of prohibited signs moved here from old section 3-5 with a few additions and clarifications. Section 3-3 Definitions – a fair number of definitions were added, deleted, or edited as a general refresh of the definition section. Staff combed the chapter in an effort to identify terms that needed to be added or deleted from the definition section. Section 3-4 Sign Permit Process – describes the permit process, including application requirements, manner in which permits are processed and approved/denied, validity of issued permits, and list of items that are exempt from permitting requirements. This section is largely new, meant to clarify the permitting process, which was minimally represented in old section 3-10. Section 3-5 On-Premise signs – outlines the allowance for signage across the various zoning districts. The section is moderately edited, with most of the provisions being transferred over from old section 3-4. A few of the notable provisions and edits include: 1. Permanent signage for commercial districts is divided into building mounted and freestanding allowances. a. Building mounted – 10% of façade area for all districts Maximum sign size of 200 sf (100 sf for C-3 district) Maximum total building signage of 300 sf (200 sf for C-3 district) Maximum building mounted sign height of 50 feet (20 feet for C-3 district) Window signage-allowed 50 sf or 50% of window area, whichever is greater. Businesses greater than 50,000 sf–max sign size 250 sf/500 sf of total signage Old code had different facade percentages for different districts – which staff found to be unnecessary. C-3 district was still regulated by (even older) frontage based allowance – which staff felt needed to be brought forward into the façade based formula. Max building sign height is proposed to be raised from 32 feet to 50 feet, except in C-3 district. Old code put window signage into façade based signage allowance, which staff has found to be an unrealistic manner of regulating window signage. b. Freestanding – area allowance based on land area, building area, or frontage. Maximum sign size of 200 sf (100 sf for C-3 district) Maximum of one sign per property frontage In C-3 district, freestanding sign only permitted if there is a front yard. Maximum Height of - 32 feet in C-2, M-1 and M-2 districts. 10 feet in C-O, C-1 and C-3 districts. Allowance for directional signs and menu boards for drive through uses. Old code is largely transferred over, except for the C-3 district verbiage which is a rewrite and the drive through allowances which are new. 2. Permanent signage for residential districts – largely not permitted, except for allowances for churches, apartment developments and schools. Maximum building mounted sign height of 20 feet and freestanding sign height of 10 feet. For the N-O district, signage is limited to 4 sf of building mounted signage. No Major Edits. 3. Permanent signage for mixed use district – permitted 24 sf of building mounted signage and 24 sf of freestanding signage. Sign height limited to 20 feet for building mounted signs and 4 feet for freestanding signs. No Major Edits. 4. Subsections E-I regarding PUD signage, Large area commercial development signage, Master sign plans, electronic message centers, and removal of unpermitted signage for property splits. No Major Edits. 5. Subdivision Signage – subsection J – allowance of 64 square feet of permanent signage which must be maintained by subdivision association. This is a new allowance based on instances where a subdivision has requested signage. Section 3-6 Temporary signs – Allowances for temporary signage are divided based on commercial signage vs. non-commercial signage, building mounted vs. freestanding temporary signage, and based on zoning districts. 1. Commercial and Industrial districts - Temporary signage allowance Commercial Signage – standard advertising of businesses, products, events, etc. Building mounted: allowed 50 sf of building mounted commercial temporary signage. Freestanding: Not permitted, except for sandwich board signs, corner lots at major intersections, and future use signage during construction. Common prohibited signs include yard signs, advertising flags, wind operated devices, inflatable devices. Sandwich board signs allowed adjacent to business door with max size of 3’x4’. In the C-3 district, sandwich board signs limited to one per property and size is limited to 2’x4’ and must be adjacent to building. Corner lot signage – special allowance of 25 sf of temporary signage for corner lots, which are typically used as locations to post community event signs that are sponsored by the business. The old code heavily restricts commercial temporary signage, and was done so consciously as an effort to prevent the proliferation of signage clutter within the community. Staff have drafted the revisions based on the same restrictive stance toward advertising clutter, except with an effort to allow signage on buildings while restricting it in the front yards. The combination of window signage and additional building mounted temporary signage should be sufficient to meet the advertising needs of businesses while preventing the proliferation of advertising clutter along the roadways. The effect of the special allowance of signage at corner lots is reduced as it is directed toward stopped traffic rather than moving traffic and corner lots typically have more frontage, which reduces the perception of the signage being clutter. Sandwich board signs are moderately used within the community (especially downtown), and when located immediately in front of a business door seem to be an appropriate level of advertising with little visual impact. Non-commercial Signage–political and opinion signs. Also real estate signs placed in this category. Permitted one sign per street frontage (freestanding or building mounted) of 25 sf. Additional signage during election period–2 additional signs per frontage of 32 sf each. The allowance for non-commercial signs on commercial properties is based on the need to advertise real estate availability (spaces for lease or property for sale) and an allowance for election signage. 2. Residential Districts – Temporary signage allowance Commercial signage – not permitted, except construction sign with a valid bldg permit over $10k Non-Commercial signage – permitted 2 temporary signs per property. Additional 2 signs per property street frontage during election periods. Maximum size of 5 sf per sign. Additional 32 sf sign during the holiday period. Additional allowance for schools, apartments, churches – one 25 sf sign per street frontage. This would allow a corner lot to have up to 6 yard signs during an election period, and a mid-block lot to have 4. Commercial advertising signs (typically business signs) are prohibited in residential districts except in the rare case of a large building project, where such signage is helpful in identifying the location for deliveries and such. 3. Mixed use district – Temporary Signage Commercial signage – limited to 25 sf of building mounted temporary signage, one sandwich board sign, and future use of property sign. Non-commercial signage – same as residential districts. The mixed use district is crafted as a midpoint between commercial and residential allowances. 4. Subdivision – permitted a maximum of 64 square feet of freestanding temporary signage – for a period of three years or after all lots have a structure built on them. 5. Other Provisions – Setbacks – temporary signs in commercial and industrial districts – 10 feet from street/curb line and 5 feet from any other property lines. In residential districts – 5 feet from street/curb line and 5 from other property lines. Signs cannot be located on right-of-way. Section 3-7 Flags – Allowances for flags are divided based on commercial vs. non-commercial flags and zoning districts. 1. Commercial and Industrial Districts – permitted flags A property is limited to display of three flags, which may be either commercial or non-commercial. Flags must be affixed to a flagpole or mounted on a building. Minimum and maximum flagpole heights are established, along with minimum and maximum flag size based on height. Roof mounted flags are prohibited, except for buildings four stories tall in the C-3 district. This section is meant to permit traditional flags while prohibiting ground and advertising flags. 2. Residential and Mixed use district – permitted flags A property is permitted 2 flags, which must be non-commercial. Maximum flagpole height of 30 feet and maximum flag dimension of 6’x10’. This section is meant to be fairly unrestrictive, except to ensure that flags and flagpoles are sized appropriately for the residential areas. Section 3-8 Lighting – establishes a protection for residential properties near bright signs. No Major Edits. Section 3-9 Non-conforming signs – establishes rules for dealing with grandfathered signs. No Major Edits. Section 3-10 Maintenance of Signs – Establishes rules for inspection and maintenance of signs. No Major Edits. Section 3-11 Board of Adjustment – Establishes procedures for signage variances and other Board of Adjustment actions regarding signage. No Major Edits. Enforcement Section – moved to new Article with edits to clarify and strengthen enforcement abilities. Banners on Utility Poles and Over Streets – Moved to Chapter 32 Streets and Sidewalks, with minor edits. Appendix Y – Street banner fees moved from text of code to Appendix Y. DRAFT 1 BILL NO. [Bill No.] SPONSORED BY COUNCILMAN ____ ______________ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3 ADVERTISING AND SIGNS AND CHAPTER 32 STREETS AND SIDEWALKS. 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 I. 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; DRAFT 2 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 project 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 the 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. DRAFT 3 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. 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 interferes 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 DRAFT 4 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. 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. DRAFT 5 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. 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 Code) 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) DRAFT 6 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 transparent or translucent material from a source of light within the sign, including but not limited to neon and exposed lamp signs. 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 the 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 DRAFT 7 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, words, 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 other permanently 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 building 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 DRAFT 8 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. 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 development 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 extend 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. DRAFT 9 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 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 proposed 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 DRAFT 10 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 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 advertising 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. DRAFT 11 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- 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 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 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 DRAFT 12 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 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 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 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 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 signs 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. DRAFT 13 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. 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 of 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. DRAFT 14 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. 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 neighborhood 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. DRAFT 15 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 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 signs shall be a maximum size of fifty (50) square feet, a maximum height of ten (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 (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 DRAFT 16 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: 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 DRAFT 17 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 street frontage, of another LACD identification sign for the same LACD. 3. The LACD identification sign may include the name and logo of 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 DRAFT 18 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 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 DRAFT 19 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 that 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; 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 DRAFT 20 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 preset 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: 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. DRAFT 21 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 ownership 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 temporary 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. Freestanding temporary signs within the Residential and Mixed Use districts shall be set back at least five (5) feet from the paved portion of a street or curb and must be set back as 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 outlined 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 compliance with this Chapter. DRAFT 22 10. PUD Districts. Temporary signage allowances 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. 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 building 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, one (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 three (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 front door entrance of the building. Sandwich board 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. DRAFT 23 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 street. 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 temporary 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. 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 street frontage 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 in residential districts 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 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 DRAFT 24 iv. Cemeteries v. Government owned or operated buildings e. Additional temporary signage during holiday season. A property in a residential district is permitted an additional thirty-two (32) square feet of temporary signage 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. D. Mixed use districts In the MU-1 districts, temporary signs are permitted as follows: 1. Temporary signs defined as a Commercial temporary 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 commercial 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 DRAFT 25 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 e. Additional temporary signage during holiday season. A property in a mixed use district is permitted an additional thirty-two (32) square feet of temporary signage 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 setback 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. DRAFT 26 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 on 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. 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 DRAFT 27 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. 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. DRAFT 28 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. 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 usual visibility. In addition to the general findings, the Board shall also find the topography or existing buildings do, in fact, interfere with usual visibility. e. Extent of variance limited. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. f. Conditions. In granting a variance, the Board may impose such conditions upon the sign and/or premises receiving the variance as may be necessary to ensure that the variance will: 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. DRAFT 29 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 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 than Two Hundred Fifty Dollars ($250.00) for each and every day that such violation shall continue. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the 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 DRAFT 30 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, 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 violations. 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 Chapter. 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 frame 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 DRAFT 31 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 is 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 device 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. 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 constitute 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. DRAFT 32 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 ) 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 DRAFT 33 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 shall 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. 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. DRAFT 34 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: Approved: Presiding Officer Carrie Tergin, Mayor ATTEST: APPROVED AS TO FORM: DRAFT 35 City Clerk City Counselor