ORDINANCE NO. 2005-36
AN ORDINANCE OF THE CITY OF KIRKSVILLE, MISSOURI, PROVIDING FOR THE REPEAL OF SECTIONS 163 THROUGH 168 OF CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF KIRKSVILLE, MISSOURI, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KIRKSVILLE, MISSOURI, AS FOLLOWS:
Section 1. That Sections 163 through 168 of Chapter 6 of the Code of Ordinances, City of Kirksville, Missouri, are hereby repealed and declared null and void and of no effect; and new Sections 163 through 168 are enacted to read as follows:
ARTICLE XI. SIGNS
Sec. 6-163. Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Abandoned Sign Any sign or portion thereof, (see definition this section) that does not represent any business in whole or in part, is considered to be an abandoned sign.
Attention attracting device. Any flasher or blinker, with a strobe like effect or other object designed or intended to attract the attention of the public to an establishment, which because it is flashing could create a safety hazard.
Awning. A structure constructed of various materials which projects from the front or surface of a building. The awning may or may not have a message on it. If an awning carries an advertising message or symbol or corporate logo, it shall be considered a facia sign.
Banner. A strip of cloth or other synthetic material that displays or projects a message for an event or product. Banners are normally meant to be used for intermediate events, or advertisement needs.
Billboard or poster panel signs. A freestanding sign structure especially built for the display of characters, letters, or illustrations produced on paper sheets, vinyl, or painting applied directly to the surface or sign structure.
Building code. The current building code adopted by the City of Kirksville.
Central business district (CBD). An area of the city described as follows:
South right-of-way line of Normal Street on the south; west right-of-way line of Osteopathy on the west; east right of way of Mullanix Street on the east and the north right of way line of Cottonwood Street on the north (see map next page).
Code enforcement officer. The person charged with the administration and enforcement of this chapter, or his duly authorized deputy.
Curb line. The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the city code official.
Detached sign. Any sign located on the ground or on a structure located on the ground or a pole and not attached to a building.
Central Business District & Old Town Boundary
Illuminated sign. Any sign that is partially or completely illuminated by use of internal electricity or other lighting source.
Mansard. A sloping roof which projects from the wall of a building. For purposes of this regulation a mansard having a pitch not exceeding one (1) foot horizontal in three (3) feet vertical shall be deemed a wall. A mansard having a lesser vertical slope shall be deemed as a roof.
Marquee sign. Any sign attached flat against the marquee or permanent sidewalk canopy of a building.
National Electrical Code. The current electrical code that is currently adopted by the City of Kirksville, Missouri as published by the National Fire Protection Association.
Projecting sign. Any sign extending more than one (1) foot from the face of the building to which it is attached or any sign mounted under a canopy or on a wall and having its face approximately at right angles to the face of the building. A time and temperature instrument mounted on the face of a building shall be included in this definition.
Old Town. That area contained within the CBD and further described as follows: The Old Town district is an area bounded from the south side of Illinois Street to the north, east to the alley east of Marion Street, south to Jefferson Street, west to Marion Street, south to Normal Street, west to Main Street, north to Pierce Street, west to Osteopathy Street, north to Washington Street, east to First Street, then north to Illinois Street. (See Map. Page 2)
Roof sign. Any sign erected, constructed and maintained upon or over the roof of a building and using the roof as a principal means of support.
Sandwich Board Sign. A sign that is so designed to be self-supporting by design. Often times this sign is of the folding type and when collapsed is flat in nature, therefore sandwiches together.
Sign. Any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter contained thereon, which shall include paint on the surface of the building when used for the purposes of advertising. This shall include, but is not limited to pole signs, billboard or poster panels, illuminated signs, marquee signs, roof signs, electric signs, wall signs, and projecting signs. Murals shall not be considered signs. Signs normally consists of four (4) types:
(1) Freestanding sign: An off-premise sign erected on a freestanding
framework supported and affixed by one (1) or more uprights or braces in or upon the ground.
(2) Canopy signs and projecting signs. A sign affixed to a building or
structure not mounted flush with a wall.
(3) Temporary Sign. Any sign which has no structural support, footing,
foundation, pier, pole, grade beam or any other accepted method of frost heave prevention. It shall include any sign which is not designated or manufactured to be permanently anchored or affixed to the ground, building or structure, but rather is designed or primarily used as a sign which is moveable from place to place. This shall include, but is not limited to, signs affixed to a trailer or other portable structure, and "A" frame or sandwich signs and yellow-flashing signs. This shall include signs of a material such as cardboard, paper, pressed woods, plastic or metal which is attached to a fence, tree, or temporary structure.
(4) Wall sign. Any sign attached to and erected parallel to and/or within one (1) foot of the face or wall of a building, including signs painted on the walls of buildings.
Sign area. The area of a sign set out in these regulations shall mean the total area of the surface "or face" of the sign. Such signs as projecting, detached and outdoor advertising panels and bulletins may have more than one (1) face, in which case the maximum area allowed herein shall apply to the total face or surface per sign side. The area of the sign, for purposes of these regulations, shall be computed from the dimensions of the entire surface upon which the letters, logo, etc., are placed, except that when individual letters, logos, etc., are mounted individually and directly upon a building wall surface without change in the color or appearance of the wall, the area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, logo, etc. When some question exists as to the area of a sign, the method of computing the same shall be determined by the code administrator.
Sign height (how measured). Sign height shall be measured from the average grade level of the land or surface directly beneath the sign that serves the parcel or lot where the sign is located to the highest projection on the sign.
Sec. 6-164. Where permitted.
Signs may be permitted in all districts as follows: (the reference to zoning classes are taken from the city zoning ordinance).
(1) One and two-family residential districts. (R-1, single-family residential; R-2, two-family residential; R-2S, two-family special residential.
a. One (1) permanent nonilluminated detached or wall sign per building,
not more than two (2) square foot in area, indicating a permitted home occupation.
b. One (1) permanent nonilluminated detached "For Sale" or "For Rent" sign per lot, not more than fifteen (15) square feet in area.
c. Not more than two (2) permanent illuminated or nonilluminated wall
signs per church or other institutional use, not more than fifty (50) square feet in area each, providing location information, public activities, use, and directional information related to the property on which the sign rests.
d. One (1) temporary nonilluminated detached sign per building, not
more than fifty (50) square feet in area, showing names of architects, engineers, builders, or contractors on the premises of a building being constructed, provided such sign shall be removed upon completion of the building.
e. Height of any sign not to exceed eight (8) feet.
(2) Multifamily districts. (R-3, multifamily residential; R-3S, multifamily special residential; R-4, general residential; R-4S, general residential special.
Signs shall be permitted as provided under District R-1, and R-2 above, except that for any one (1) ownership containing a multifamily use there shall be permitted only one (1) nonilluminated or indirectly illuminated detached sign for each ten thousand (10,000) square feet of land area, identifying the building or project, not more than thirty-two (32) square feet in area and not more than eight (8) feet high overall, and such sign shall be located not more than one (1) foot in front of a front or side building setback line. Such signs shall be limited to location information, public activities, use and directional information, related to the property on which the sign rests.
(3) District O-1-P, office planned district, C-1, local business district, and CBD, central business district.
a. Signs shall be permitted for residential, governmental, churches, and similar permitted uses, which are located in these districts as provided under residential sign regulations contained in this chapter.
b. Each business or commercial establishment shall be permitted not
more than two (2) wall signs provided the total area of signs on a facade shall not exceed fifteen (15) percent of the total area of that facia. In addition to the above wall signs, one (1) projecting sign or freestanding sign 200 square feet or less shall be permitted, provided no projecting sign shall extend more that six (6) feet from the face of the building. Such signs shall not extend above the height of the wall upon which they are mounted, and any signs painted directly upon wall surfaces shall not be larger than one hundred (100) square feet in area, nor shall any signs extend over public property.
c. As aforementioned in lieu of a projecting sign, one (1) detached sign shall be permitted for each commercial building. It shall be located not less than five (5) feet from a property line and shall not exceed twenty-five (25) feet in height (The sign size may be 2.0 square feet for each lineal foot of lot frontage. However, in no case shall the sign exceed two hundred (200) square feet in area). In the case of a corner lot, (in determining the primary allowable signage dimension), the street side that has the greatest length shall be used. In addition to the primary allowable sign size, where a commercially zoned lot has more than one (1) street frontage, the maximum allowed fascia signage size may be increased by fifty (50) percent for each street side of the lot. Example; a multi-frontage lot having a dimension of one hundred (100) feet by one hundred eight (108) feet (with three (3) sides exposed), would be permitted to have two hundred (200) square feet of fascia sign area on the primary side with one hundred (100) square feet of sign area for each secondary street side, or a total signage area four hundred (400) square feet.
d. In case of a local planned shopping center or office park, the complex may have one (1) detached identification sign provided such sign shall not exceed twenty-five (25) feet in height and shall not exceed two hundred (200) square feet in area. In the case of office parks or multi-use tenant occupancy, each business may be permitted to have one (1) additional identification sign which shall be no greater than thirty-two (32) square feet.
e. Nonilluminated signs inside buildings and signs in enclosed malls shall not be subject to these regulations.
f. Billboards shall not be permitted in the Old Town District, O-1-P, C-1 and CBD zones.
(4) Old Town District Signs serve multiple purposes and have the ability
to detract from or enhance the surroundings where they are placed. Signs placed in the Old Town District are encouraged to meet the following criteria:
a. All Signs must meet all applicable city codes.
b. Sign Types should enhance and fit the building architecture.
Although signs should be clearly visible, the character of the building architecture, including detailing and materials, should not be obstructed by signs.
c. The size of the sign should be in scale with the building and street.
The use of large signs should be avoided. Large signs frequently found in strip shopping centers are designed to be perceived by motorists. The Old Town district is intended to be quaint, historic and pedestrian friendly. Accordingly, signs should be smaller in scale and clearly seen at a pedestrian scale.
Scale of Sign The size and placement of signs attached to buildings should be coordinated with those of adjacent buildings. Signs should be placed so they are similar in scale and do not significantly vary up or down from those on adjacent buildings or storefronts. If the sign is replacing existing ones not in scale or character with Old Town design objectives the design of the sign should be one that will set a standard for future sign replacement.
Sign Band If permissible, a sign band should be incorporated into the design of the faηade, located above storefront clerestory and below the second story window. Sign letters and background should be designed in character with the building architecture. Sign letters painted on the building, in the band or elsewhere on the building is prohibited. Raised letters should not project out from the building faηade more than three (3) inches. The sign band height should not exceed thirty (30) inches.
Wall/Window Signs Wall signs shall not exceed ten percent (10%) of the area of the first fifteen (15) vertical feet of wall area. The length of wall signs shall not exceed two-thirds (2/3) of the building wall length. Painted window signs are encouraged when under twenty-five percent (25%) of the glass area. Wall signs should not exceed the height of the building cornice.
Street Address Street numbers should be prominently displayed at each business entrance and be clearly visible from the street. Street numbers should not be painted on the building except on doors or transoms. Building addresses on the facades of buildings shall be individual cast or cut letters of a material compatible with the building architecture.
Projecting Signs Only in the case of the downtown area, projecting signs may not project over public property more that one (1) half the distance from the building to the curb, and may not project into a public alley or parking lot. A sign may not project over the street line. The bottom of the projecting sign shall be a minimum of eight (8) feet above the ground and must be no larger in size than one square foot of area for each linear foot of the side of the building to which the sign is attached, not to exceed thirty-two (32) square feet per face. The use of corner projecting signs shall follow the above guidelines and when used shall preclude the use of any other signs.
Pole Signs One pole sign shall be permitted; however, it must be located entirely on private property.
Illumination Illuminated signs are permitted as provided for in the city sign code. External direct or indirect illumination must be provided by a continuous light source positioned to prevent light shinning directly into the street or adjacent properties. Light sources may be incandescent or florescent. Frames and support for these signs should blend with the building architecture.
Neon Signs Exterior neon signage and lighting that is visible from public streets shall be allowed with approval by the city. Exterior neon signage shall not be a safety hazard. Exposed interior neon signs should be mounted on the interior of storefront windows on the first floor only.
Awnings and Building Canopy Signs Signage on awnings shall be limited to the vertical flap of the awning. The color of the flap and letters should be compatible with the colors and materials of the building. Signboards under awnings or canopies shall be limited in size to 14 x 48 and should be consistent in color and material with the building architecture.
Color The color contrast between the letters and background should make the sign easy to read. The sign color should complement the color of the building and adjacent signs. Strive to avoid stark color contrasts between the sign and the adjacent building.
Franchise Signs Sign colors that are mandated by franchise company regulations shall be permitted but must adhere to the standards contained herein.
Banners Banners shall be permitted. Banners shall not be permitted to be displayed from canopys. Banners shall be attached to the building fascia. Permanent banners and pennants shall not be used on the building exterior or site.
Murals Signs painted directly on a building are not permitted. Murals painted on a building are permitted if done for artistic purposes or for expressing a historic or cultural idea. Mural advertising is not permitted.
Roof Signs Roof signs shall be allowed on multi-story buildings (three or more stories) and shall identify only the building or business therein. No roof sign shall project more than sixteen (16) feet above the roofline. See Sec. 6-168. Other signs, General. (d) Variances.
Billboards Billboards are prohibited.
Abandoned Signs When a business ceases operation the on-premise signage shall be removed by the building owner according to the following schedule:
A. Sign and/or cabinet within thirty (30) days.
B. Supporting structure within one hundred and eighty (180) days.
Maintenance All signs, including their structural supports, anchors, electrical devices shall be kept in good repair and working order. The display surfaces of all signs shall be kept painted or posted at all times.
Non-conforming Signs Non-conforming signs shall comply with the requirements of the city code.
Multiple Business Signs When two or more businesses occupy the same building, sharing the same entrance, identifying signs should be grouped together in a single panel. The letters and background contained in the panel or directory should be similar.
Temporary Signs Temporary signs, except sandwich board signs, are prohibited. (Exception see page 12 item b. temporary signs.)
(5) District C-3, extensive business district, M-1, light industrial district, and
M-2, heavy industrial district.
a. Signs shall be permitted for residential, governmental, churches,
and similar uses, that are located in this district as provided under the residential section previously addressed in this chapter.
b. Signs of all types and degrees of illumination shall be permitted, excluding attention-attracting devices. No signs shall be located closer than five (5) feet to a property line and no such sign shall exceed thirty-five (35) feet in height measured from the grade level beneath the sign. (The sign size may be determined by 1.0 square feet for each lineal foot of lot frontage. Signs shall not exceed two hundred (200) square feet in area for each exposed face.) In addition to this primary allowable sign size, where a commercially zoned lot has more than one (1) street frontage, the maximum allowed signage size may be increased by fifty (50) percent for each street side of the lot. Example; a multi-frontage lot having a dimension of one hundred (100) feet by one hundred eight (108) feet, (with three (3) sides exposed) would be permitted to have two hundred (200) square feet of sign area on the primary side with one hundred (100) square feet of sign area for each secondary street side, or a total signage area four hundred (400) square feet.
c. Each business or commercial establishment shall be permitted not more than two (2) wall projecting or marquee signs. The total area or signs on each facade shall not exceed twenty (20) percent of the total area of the facade upon which they are placed and in no case be over two hundred (200) square feet in total area. Such signs shall not extend above the average roof level of one (1) story buildings more than ten (10) feet, and shall not extend above the average roof level of a two (2) or more story building.
d. In the case of a shopping center or office park, one (1) detached
identification sign no greater in size than thirty-two (32) square feet may be permitted in addition to the business facia signs for separate tenants. However, the parks identification sign shall not exceed thirty-five (35) feet in height and (the sign size may be 1.0 square feet for each lineal foot of lot frontage). In no case shall the sign exceed two hundred (200) square feet in area. When a detached sign is mounted on a column or similar support and the bottom of such sign is not less than ten (10) feet above ground level, said sign edge may extend to but not beyond a public right-of-way line.
e. Equivalent zoning districts (planned and corridor zoning). The sign regulations contained in the sections R-1 through M-2 shall be the same regulation governing the equivalent planned zoning district and corridor zoned district. Example, sign regulations in a C-3P and HDCZ zone would be the same as in the C-3 conventional zone district.
(6) By Pass Signs
The following specific regulations pertain to any sign located along these corridors, highways, or streets regardless of zoning.
a By-pass only. Signs may be permitted along the Highway 63 by-pass subject to the following:
1. Two hundred eighty-eight (288) square feet per face, two (2) back-to-back faces per sign only. Signs must be set back fifteen (15) feet from right-of-way or property line. Maximum height of signboards from grade elevation may not exceed thirty-five (35) feet.
2. Spacing of signs that are more than two hundred (200) square feet shall conform to MoDOT spacing of seven hundred fifty (750) feet between each structure where zoning permits.
3. No side-by-side signs shall be permitted.
(7) Other Major Corridor Signs
a. South Baltimore Street (Highway 63). From the southern right-of-way line Highway 6 East, south to city limits both sides (where zoning permits).
b. North Baltimore Street (Highway 63). From Highway 6 West, north to city limits (where zoning permits).
c. Highway 11 East. From Baltimore Street east to the city limits (where zoning permits).
d. Highway 6 East. From eastern right-of-way line of South Baltimore Street east to the city limits (where zoning permits).
e. Highway 6 West. From west right-of-way line of North Baltimore Street (Highway 63) west to the city limits (where zoning permits).
Signs permitted in the above referenced areas are subject to the following criteria:
Sign size, two hundred sixty (260) square feet per face.
Sign spacing, seven hundred fifty (750) lineal feet from any other off
premise sign.
Sign height, thirty-five (35) feet from grade level.
No side-by-side signs permitted.
Sec. 6-165 Temporary Signs.
Except where otherwise prohibited; In addition to the allowed advertising signage set forth herein, each business shall be allowed to use a portable sign for their advertising needs. These signs shall be permitted by the Code Administrator after a site plan has been submitted and approved by the Code Administrator. The fee for the temporary sign shall be $10.00 ten dollars. The temporary sign shall be located on private land and shall not exceed 32 square feet in total area. In cases where businesses do not have sufficient land for the placement of a temporary sign, a sandwich sign shall be permitted in the adjacent sidewalk area if the sign does not create a safety hazard and is removed at the end of the business day.
Temporary signs shall be clean and maintained in a sound state of repair.
Temporary signs that are in need of repair shall be removed or repaired as ordered by the Code Administrator.
Banners: Banners shall be regulated in the following manner.
a. Each commercial business may be allowed up to three (3) banners.
Each banner shall be limited to no greater size than thirty two (32) square feet. Businesses that display banners in commercial zones are not required to obtain a permit. In cases where businesses have similar advertisement methods; wraps symbols, etc., these methods of advertisement shall be allowed; however, they will not be counted as banners. Banners over thirty two (32) square feet will be considered temporary signs and will be subject to the regulation contained in this section. Except in b & c below, no banners will be allowed on or over the public right-of-way.
b. In all districts, including Old Town Districts, temporary signs or banners of a public or semi-public nature shall be permitted. Banners of a public or semi-public nature or function shall be permitted to be displayed on private property or in the right-of-way subject to approval of the city.
c. Banners, signs displayed on vehicles or persons. Banners and signs, displayed on vehicles or persons shall not be regulated by this article.
Sec. 6-166. Additional regulations.
(a) Permit required. Sign permit fees will be established by the cost of
construction of said sign. Permit fees, except for temporary signs, shall be based on the current fee schedule established for all structures, buildings, and signs in the building code.
(b) All signs shall be structurally sound, be maintained in good repair, have
a clean and neat appearance, and land adjacent shall be kept free from debris, weeds, and trash. All signs shall be designed and installed to withstand not less than eighty (80) pounds per square foot of wind pressure, except where otherwise provided. All signs as permitted above shall be so constructed and installed to meet the requirements of the city's building code.
(c) Signs which are essential and necessary for the safety and welfare of the public, including historical markers on premises officially recognized by city, county, state, or federal units of government, and which are not of an advertising or promotional nature shall be exempt from these regulations.
(d) Prohibited signs. No attention attracting device, flashing sign, temporary signs, or other sign that could interfere with traffic safety or constitute a nuisance shall be allowed.
(e) Government signage, road improvement signs, and emergency informational signs shall not be regulated by this article.
(f) Seasonal signage, Christmas, Thanksgiving, Fall Deer and Spring
Turkey (firearm hunting season), shall be authorized without city permission, however, they shall be removed within fourteen (14) days after the holiday or event.
(g) Nonconforming signs: All existing signs which do not conform to these
regulations shall be subject to the following procedures:
(1) All existing nonconforming portable signs (including banners
and signs on the right-of-way) as defined herein shall be removed not later than ninety (90) days from the effective date of this article.
(2) Any nonconforming sign, if it is showing signs of collapse or facial mending, shall be repaired or removed.
(3) Signs that are altered, in size, height, or structure, shall conform to this article.
(h) Removal of Abandoned Signs: Any sign that is so old or dilapidated and is structurally deficient shall be considered an abandoned sign and shall be acted on by the City in the same manner as the abandoned signs. All owners or agents will be served with notice by the City to remove the sign.
Sec. 6-167. Other signs, general.
(a) Signs, posters, and similar devices used by candidates for public office shall be regulated by applicable codes and ordinances of the City of Kirksville and shall not be within jurisdiction of this section.
(b) The code administrator may waive the permit fee for those signs which are for the sole purpose of promoting an event or effort of a philanthropic, civic, or public service nature.
(c) Removal of signs which were engraved, carved in stone, or were
otherwise a permanent part of a building prior to the adoption of these regulations will not be required. In addition, signs that are a part of the buildings design or landscape are not to be regulated per this article.
(d) Variance. The City of Kirksville's, Board of Adjustment may grant variances in special cases where this regulation creates a unique situation that would pose a direct hardship upon the owner. A variance shall not be granted because of economic reasons as a basis only. The board of adjustment shall not grant variance to height and size of a sign. Requests for variance in height and size of signs shall be heard by the city council. The criteria for public hearing in the case of request for variance shall be followed as regulated in Appendix A, Kirksville Zoning Ordinance, Article II, 25-[18](c).
Sec. 6-168. Violation - Penalties.
Any person convicted of a violation of this section shall be punished as
provided in section 1-7 of the Code.
Section 2. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Kirksville, Missouri, as an addition or amendments thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 3. This ordinance shall be in full force and effect from and after its passage and approval.
PASSED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 27th DAY OF June , 2005.
Debbie Masten, Mayor
ATTEST:
Vickie Brumbaugh, City Clerk