HomeMy WebLinkAboutAgenda Report - January 20, 1988 PH (6)C N C I t C 0 M M U N I C A_ 0 N
T0. THE CITY COUNCIL COUNCIL MEETING DATE:
FROM: THE CITY MANAGER'S OFFICE JANUARY 20, 1988
SUBJECT: SET PUBLIC HEARING FOR FEBRUARY 17, 1988 REGARDING PROPOSED AMENDED SIGN
ORDINANCE
RECOMMENDED ACTION: That the City Council set a public hearing for Wednesday, February 17,
1988 at 7:30 p.m. to consider the proposed amended sign ordinance as prepared by the City
Attorney.
J me; B. C roeder
C mmunity Development Director
JBS:amr:j j
NCIIICE OF PUBLIC HEARING
TO CONSIDER THE PROPOSED AMENDED CITY OF LODI SIGN ORDINANCE
NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 1988 at the 'your of
7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City
Council will conduct a oubl is hearing to consider the proposed amended City of
Lodi Sign Ordinance.
Copies of the proposed amended ordinance are available in the City Clerk's
office during regular business hours, Monday through Friday, 8:00 a.m. to 5:00
p.m., except holidays.
Information regarding this item may be obtained in the office of the Community
Development Director at 221 West Pine Street, Lodi, California.
All interested persons are invited to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
to the hearing scheduled herein and oral statements may be made at said hearing.
If you challenge the subject matter in court you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in this
notice or in written correspondence delivered to the City Clerk, 221 West Pine
Street, Lodi, at or prior to, the Public Hearing.
By Order of the Lodi City Council
Alice M. Reimche
City Clerk
Dated: January 20, 1988
Approved as to form:
i
J-
MEMGRANDUM, City of Lodi, Community Development Department
T0: Ron Stein, City Attorney
FROM: Norman tfan, Planner
DATE: ary 18, 1988
tR
SUBJECT: Revis-1
Attached is a draft copy of the sign ordinance as revised in accordance
with our department's recommendations. This new ordinance does not
substantially change the standards established under the old ordinance
for on -premise signs. However, it does accomplish several new goals as
fo l l ours :
1� Limits total signage. All signage on a lot would be counted
towards a maximum amount allotted on a square footage per
lineal frontage basis. As on -premise signs are a practical
" necessity for a?1 businesses, we believe property owners will
use their allotment for on -premise as opposed to off -premise
signs. This would effectively reduce the amount of
off -premise signs. This would effectively reduce the amount
of off -premise signage in the city and preclude us from using
a spacing requirement or an outright ban on billboards.
2) Limits number of free-standing signs. Each lot would be
Ron Stein
January 18, 1988
Page 2.
We don't anticipate any difficulties in administering these new
provisions. All on -premise signs that may become non -conforming as a
result of the adcption of this ordinance would be grandfathered in and
all off -premise signs that become non -conforming will be amortized over
a 7 -year period. Our department is in the process of establishing a
file record for each of the 40 off -premise signs that may be affected by
this ordinance.
NH :dsg
Attachment
SIGNS
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE TITLE 17, CHAPTER 17.63
SIGN ORDINANCE AND REENACTING A NEW SIGN ORDINANCE
Sections:
Section 1. Establishment of Ordinance
Article 11. Additional Requirements
Section 14. General Standards, On -Premise Signs
Section 15. Special Standards by Zone
Section 16. Removal or Restoration of All Signs
Section 17. Continued Use of Non -conforming Signs
Section 18. Abandoned Signs
Section 19. Violations
Section 20. Ordinance Conflicts
Section 21; Public Nctice and Effect
BE IT ORDAINED BY THE LODI CITY COUNCIL.
SDCTION 1. Lodi Municipal Code Title 17, Chapter 17.63 regulating
signs is hereby repealed and a rev sign ordinance is reenacted in i t s
place as follows:
I. RBaLAJ VG ALL SIGNS
Article 1. Regulating a17 signs
Section
2.
Title; Effect; Construction
Section
3.
Purpose, Scope, and Authority
Section
4.
Non-commercial Messages
Section
5.
Sign Regulation Definitions
Section
6.
Community Development Director's Powers
Section
7.
Appeals Procedure
Section
8.
Sign Inspection and Responsibilities
Section
9.
Signs on Public and Utility Property
Section
10.
Exempted Signs
Section
11.
Prohibited Signs
Section
12.
Special Standards by Type of Sign
Section
13.
Permits and Enforcement
Article 11. Additional Requirements
Section 14. General Standards, On -Premise Signs
Section 15. Special Standards by Zone
Section 16. Removal or Restoration of All Signs
Section 17. Continued Use of Non -conforming Signs
Section 18. Abandoned Signs
Section 19. Violations
Section 20. Ordinance Conflicts
Section 21; Public Nctice and Effect
BE IT ORDAINED BY THE LODI CITY COUNCIL.
SDCTION 1. Lodi Municipal Code Title 17, Chapter 17.63 regulating
signs is hereby repealed and a rev sign ordinance is reenacted in i t s
place as follows:
I. RBaLAJ VG ALL SIGNS
sign conveying a commercial message than is given to a sign similarly
situated and constructed conveying a non-commercial message. These
sections must be construed to apply to all signs, irrespective of the
commercial or non-commercial character of the content, except that
specific types of commercial signs are to be regulated more strictly.
Arry ambiguity or question shall be resolved by allowing a
non-commercial sign the same benefits, exemptions and other preferences
that may be given to a commercial sign similarly constructed and
situated, or by imposing on such commercial sign the same restrictions
imposed on the non-commercial sign similarly constructed and situated.
SECTION 3. Purpose, Scooe and Authority.
1. e city council finds and declares that the purpose of this
chapter is to establish a comprehensive system for the regulation of
the leasing out, erection and relocation of signs and/or sign
structures. This chapter is not to be interpreted to affect the
messages on the signs. it is intended that these regulations:
a) Impose reasonable standards on the number, size, height and
location of signs, and facilitate the removal or replacement of
nonessential or nonconforming signs and/or sign structures in order to:
(1) Prevent and relieve needless distraction and clutter
resulting from excessive and confusing sign displays;
(2) Safeguard and enhance property values; and
(3) Promote the public safety and general welfare.
b) Provide one of the tools essential to the preservation and
enhancement of the environment, which is instrumental in attracting
those who come to live, visit, vacation and trade, thereby
protecting an important aspect of the economy of the city.
c) Eliminate hazards to pedestrians and motorists brought about by
distracting signs and/or sign structures.
d) Improve enhance and preserve the appearance and other aesthetic
qual Ries of the city.
SECTION 4. Non-commercial Messa es. Notwithstanding any other
provisions of this chapter, any sign sponsor may allocate sign area in
either an on -premises or off -premises sign authorized by this Chapter
to a non-commercial message.
SECTION 5. Sin regulation definitions.
s use i n Sections 2 t roug unless the context otherwise
requires, the words and terms defined in Section 5 have the meanings
ascribed to them in that Section.
"Abandoned sign" means a sign which has not been maintained in
acccrdance with the provisions of this chapter for a period in excess
of 60 days following legal notice to the owner of property and the
owner of the advertising display that such sign does not meet, in the
discretion of the Community Development Director, minimum maintenance
standards.
non-commercial interests of any person or entity, located in view of
the general public and visible from a public street, and ma include
signs, billboards, posters, graphic advertising messages, advertising
copy, accessory signs and similar displays.
"Advertising message" means any copy, symbol , logotype or
grapnics which identify, promote or advertise any product, service,
business, institution or other commercial or non-commercial interest of
any person or entity.
"Advertising structure" means any structure or device erected
for the purpose of supporting any sign or other advertising display,
and the framework of the sign.
"Allowable sign area" means the total sign area permitted under
tis chapter for any site or business (see also "Sign Area
Computation").
"Amortization" means the elimination of nonconforming signs over
a period of time intended to allow the owner to realize the value of
his/her investment in the sign.
"Animated sign" means a sign with action or motion, flashing
color changes activated by electrical energy, electronic or
manufactured sources of supply, but not including wind -actuated
elements such as f lags , banners or pennants.
"Architectural graphic" means a painted design, mural , relief,
mosaic or similar feature which is incorporated into the architectural
design of a building and conveys no advertising message.
"Area identification sign" means a permanent, decorative sign
useC to identify a neighborhood, subdivision, commercial or office
complex, shopping district, industrial district or similar distinct
area of the community.
"Area of a sign" means the sum total of the geometric areas of
the display surfaces which make up the total sign or advertising
display. Necessary supports or uprights are excluded.
"Business frontage" means the length of building frontage occupied
by an individual building occupant. An occupant may have more than one
business frontage if it occupies building frontage facing on two or
more streets or public areas.
"City" means the City of Lodi .
"Civic display" means a temporary display of banners, balloons,
flags, lights or similar decorations erected on a public street or
other public property in connection with a holiday, civic event or
celebration.
"Commercial sign" means, when..describing the content of a sign
-inn advertisinn_ . identifvina. directing attentinn to_ nr. ntherwisa
relating to commerce and to property, goods or services for sale,
lease, exchange or any other transaction where value is given or
received by any party to the transaction.
"Community Development Director" means the Community Development
Director of the City of Lodi and/or his/her duly authorized assistants
or designees , hereinafter referred to as "Community Deve?opment
Director".
"Copy" means that portion of a sign or adve•r',- sing display which
i s made up of language, letters, numbers, or symbols which
state a message.
"Directional sign" means a permanent sign which directs the flow
�affic or pedestrians on private property and which contains no
advertising message.
"Directory sign" means a sign, or a group of signs designed as a
singTe display, which gives information about the location of
businesses, buildings or addresses within a residential, office,
commercial or industrial complex.
"Display surface" means the area made available by the sign
structure for the purpose of displaying the advertising message or
display.
"Double-faced sign" means a sign with two surfaces against, upon
or through which the message is displayed. Both surfaces of a
double-faced sign must be parallel to each other and must be tied
together into one integral unit with no visible air space between the
surfaces.
"Erect" means to arrange, build, construct, attach, hang, paint,
�, suspend, affix or otherwise establish an advertising display.
"Flashing sign" means a sign which uses blinking, flashing or
intermittent illumination or light reflectors, either direct, indirect
or internal.
"Frontage." See "business frontage" and "site frontage"
"Freestanding sign" means any sign
erected upon or standing on the
ground, also referred to as a ground
sign. For the purpose of this
Chapter said signs shall be supported
from the ground by one or more
poles, columns, uprights or braces.
"Freeway Information Area" includes that area within the city
described as follows: on the west by
a line drawn fifty feet west of
the west right-of-way line of Cherokee
Lane or five hundred feet west
of the west right-of-way line of the
U. S. Highway 50-99 Freeway,
whichever is greater; on the east by
a line drawn five hundred feet
east of the east right-of-way line of U. S. Highway 50-99 Freeway; and
on the north and south by the present
city limits or as the same may
exist in the future.
_4_
"Height of sign" means the vertical distance measured from the
a jacent street grade or upper surface of the nearest curb of a street
or highway to the highest point of a sign or advertising display.
"Holiday decoration" means any display commonly associated with a
o ac , state, national or religious holiday, and which is not left in
place for more than 60 days during any single observance.
"Indoor poster" means a temporary sign or poster displayed inside
a window for a period not to exceed 30 days to provide information
about a specific product, price, event or activity.
"Inflatable sign" means any
pressure or inflated with air or
attention of the public, whether
advertising message.
device which i s supported by air
gas which is used to attract the
or not it displays any specific
"Mobile sign" means a sign attached to or suspended from any type
vehicle, other than normal lettering identifying the business owning
or served by the vehicle. Such signs shall not include those normally
painted on or attached permanently to business vehicles, mass -transit
vehicles, taxicabs or special events signs.
"Noncommercial sign" means, when describing the content of a sign,
a sign not conforming to the definition of a commercial sign.
"Nonconforming sign" means any sign and/or sign structure which
was lawfully erected prior to the adoption of the ordinance codified in
this chapter, or amendments thereto, which would not be permitted under
the current provisions of this chapter.
"Off -premises sign" means any sign which identifies, advertises or
erects attention to a business, activity, product, service or other
commercial or non-commercial interest of any person not located on the
premises where the sign is located; or a freestanding structure on
which a sign is located, where the sign structure is on a premises, not
owned by the owner of the sign structure, or where the sign message is
not sponsored by the owner of the premises. The sign may contain a
commercial or non-commercial message.
"Official sign" means any sign erected by or at the direction of
any governmental agency. Such signs may include public information
bulletin boards or kiosks when sponsored by any governmental agency.
construction, message to be carried or its proposed placement, is
intended for continucus display for a period of time greater than 60
calendar days.
"Permit" shall mean a written authorization by the Community
TeveIopment Director to erect or establish a sign and/or sign structure
after compliance with this or other appropriate codes, adopted by the
Lodi City Council. The written authorization may be a sign or building
permit.
"Person" means a natural person and any organization , association
or entity having an existence recognized by law.
"Portable sign" means any sign which i s designed and constructed
in such a manner that it can conveniently be moved from place to
place. This definition shall include, but is not limited to,
cardboard, paper, fabric, canvas and plastic banners and flags.
"Premises" means such contiguous land in the same ownership and
w7iicT is not divided by a public highway, street, alley or right of way.
"Projecting sign" means a sign which i s supported by a decorative
rac et or hanger and extends at an angle from the face of a building.
This definition shall also include any sign which, because of its shape
or thickness, extends more than 12 inches from the face of a building
when mounted flat against the face of the building, but shall not
include a marquee which is designed as an integral part of a building,
or any sign which is suspended from or is supported by a wall or
building and which projects outward therefrom.
"Project
sales sign" means
a sign which
is erected for the purpose
of promoting
the sale or lease
of property
in a residential, office,
commercial or
industrial project
on the site
where the sign is located,
and which is
under construction
or has been
substantially complete for
less than one
year.
"Real estate sign" means a sign offering for sale, rent or lease
the real property on which it is located.
"Roof" means a horizontal or sloping surface of a building which
serves as a cover for the building or its entry, portico or other
appurtenances. This definition includes any part of a building which
resembles a roof in form or function.
"Roof sign" means any sign located on the roof of a building and
eir supported by the roof or by an independent structural frame. A
sign which is attached flat against the wall of a penthouse or other
similar roof structure or architectural blade is not a roof sign.
"Shopping center" means a group of commercial establishments, the
Teri—meter of which is clearly definable, developed on a continuous area
of land, planned and developed as a single unit and providing on-site
parking appropriate to the number, types and sizes of stores.
"Sign" means any structure, symbol, display, device or painting on
or in any other manner making representation on or attached to the
land, building(s), structure(s) , or part thereof. Such structures,
displays, symbols, devices or paintings include but are not limited to
letters, numbers, words, illustrations, decorations, emblems,
trademarks and light; displayed to the public for the purpose of
identifying, advertising or promoting the commercial or non-commercial
interests of any person, persons, firm, corporation or other entity
by conveying an advertising r.essage or attracting the attention of the
pcblic. This definition includes all parts of such a device, including
its structure and supports and also includes balloons, banners,
pennants, flags, lights, reflectors, reflected lights, streamers or
other devices which are used to attract the attention of the public,
whether or not they convey a specific advertising message. Signs used
by public utilities for the safety, welfare or convenience of the
public shall be exempt from the provisions of this definition:
examples of such signs are: "Danger -- High Voltage." "Public
Telephone" or "Underground Cable."
"Sign area computation". The area of each sign surface shall be
computed by calculating the area within the frame enclosing the letters
or material which composes the sign, or, where there is no frame, by
calculating the area of the surface upon, against or through whicn the
message is displayed. Where a sign is composed of separate letters
which are placed or painted on a building or other similar surface not
designed specifically for sign presentation, the sign area shall be
computed on the basis of a shape closest to the extremities
encompassing individual letters, words, or symbols.
"Sign structure" means those parts of a sign designed to support
i t i n place.
"Site" means a lot or parcel, or contiguous lots or parcels of
Tand on which a building or complex of buildings is located.
"Site frontage" means the linear dimension of a site abutting on a
public or private street right-of-way.
"Suspended sign" means a sign supported from, located below, or
comp etely covered by a building soffit or permanent canopy.
"Street frontage" nieans the property line of a lot abutting public
street right-of-way, excluding alleys to which such property has the
legal right of access.
"Temporary sign" means a sign made of paper, cardboard, cloth,
pTastic or similar material having 'limited durability if exposed to the
elements; a sign, irrespective of its durability, intended for display
for less than 60 days, and/or a sign without structural support. The
sign message on any temporary sign may be commercial or non-commercial
or a combination of both. Temporary signs do not include signs carried
by a natural person, or changing copy on permanent signs lawfully
erected and maintained.
-7-
..........
"Time and temperature sign" means a sign which displays only the
current time, temperature, and/or news of current events and carries no
advertising message. A time and temperature sign shall not be
considered a flashing or animated sign.
"Wall sign" means a sign painted on, attached to, or erected
against the face or wall of a building with the face of the sign in a
parallel plane with that of the building face or wall.
"Wind sign" means any sign, part of a sign or series of signs,
Te—signed or erected in such a manner as to move when subjected to wind
pressure. Wind sign does not include "suspended signs".
SECTION 6. Community Development Director's Powers/Right of Entry.
1. Authority. The Community Development Director is authorized and
dire cte to enforce all the provisions of this chapter. The Community
Development Director may, in his/her sole discretion, permit variations
in area and height requirements if it can be shown that such would
promote uniformity, architectural compatibility or community
aesthetics. �b variation shall exceed 20 percent of spacing and height
limitations imposed by this chapter.
2. Right of entry. Whenever necessary to make an inspection to
enforce any of the provisions of this chapter, or whenever the
Community Development Director has reasonable cause to believe that
there exists a condition which makes a sign unsafe, he/she may enter
the premises upon which such sign is located, at all reasonable times
to inspect the sign or to perform any duty imposed by this chapter,
provided that:
(a) If the premises upon which the sign located is occupied, the
Community Development Director shall first present proper credentials
and demand entry; and
(b) If the premises is unoccupied, the Community Development
Director shall first make a reasonable effort to locate the owner or
other persons having charge or control of the premises, and demand
entry.
If such entry is refused, the Community Development Director may
pursue every remedy provided by law to secure entry.
3. Ins ection. Any sign which is subject to this chapter shall be
inspected the Community Development Director to insure compliance
with this chapter.
4. Failure to permit entry. Any owner or occupant or any other
person awing charge, care or control of any building or premises, who
fails or neglects, after proper demand'is made to permit entry therein
by the Community Development Director for the purpose of inspecti„o_n_and
examination pursuant to this chapter, shall have violated this:-`,'dapter.
I. Planning Commission. In order to determine the suitability of
materials and methol--oT construction, and to provide for reasonable
interpretations of any ambiguous provisions of this chapter, appeals
may be taken to the Planning Commission.
2. Appeals. Appeals to the Planning Commission may be taken by:
Any person aggrieved by his/her inability to obtain a sign or building
permit or by the decision of any administrative officer or agency based
upon or made in the course of the administration or enforcement of the
provisions of any zoning regulation or any regulation relating to the
location.
3. Time. The time within which an appeal must be made and the form,
fees or other procedure relating thereto shall be as specified by
resolution of the city council may be amended from time to time.
SECTION 8. Sign Inspection and Responsibilities.
1. Inspection. Every on -premises or off -premises sign and/or sign
structure erected in the city is subject to inspection by the Community
Development Director, to assure compliance with the provisions of this
chapter..
2. Res onsibilit . The owner of the sign and/or sign structure is
responsible for its proper construction, maintenance, repair and
compliance with the provisions of this chapter.
SECTION 9. Signs on Public and Utility Property.
1. No person shall paint, mark or write on, or post or otherwise
affix, any hand -bill, sign or sign structure to or upon on real or
personal property, easements or rights-of-way cwned by a public agency
or by a privately -owned public utility, any sidewalk, crosswalk, curb,
curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard,
railroad trestle, electric light or power or telephone or telegraph or
wire pole, or wire appurtenance thereof, or upon any fixture of the
fire alarm or police telegraph system or upon any lighting system,
public bridge, drinking fountain, life buoy, life preserver, lifeboat
or other life saving equipment, street sign or traffic sign.
2. Exemptions. Signs exempted from the prohibition in paragraph 1
are:
(a) Signs which are erected for the safety ofmotorists and
pedestrians in connection with hazardous activities being conducted
on the property, easement or eight -of -way or on adjacent private
property .
(b) Official signs and signs required by law.
(c) House numbers painted on curbs.
(d) Signs carried by natural persons.
found erected contrary to the provisions of
removed b the City public works department,
noti ce o7 removal shall be given. The removed
30 days. During that period, the sign will be
made available t o the owner and will be returned upon payment of the
cost incurred in the removal and storage.
SECTION 10. Exempted Sians .
Except to the extent they are subject to special standards, the
following types of signs and displays, whether on -premises or
off -premises, are not subject to the provisions of this chapter and
need not be included in any aggregate area computations:
1. Official traffic -control or regulatory signs, signals or
devices, street -name signs or other signs required by law;
2. Changes in copy or advertising display on an existing sign which
do not alter the structure, size or configuration of the sign.
3. Holiday decorations;
4. Safety or caution signs, legal notices, public utility signs;
5. Memorial tablets, plaques or markers of bronze, stone or
concrete ;
6. "Open", "Closed", "No Trespassing", "Warning" and similar signs
not exceeding 2 square feet;
7. Address numbers or plates and residential nameplates;
8. Civic displays;
9. Flags, emblems or insignia of any nation, state or political
subdivision, provided that the individual surface area is not
greater than 60 square feet, and that the supporting structures
are not greater than the larger of 25 feet high or 10 feet niore
than the permitted height for a freestanding sign, whichever is
greater. Such signs not exempted are counted and regulated in
accordance with this chapter.
10. Indoor posters ;
11. Architectural graphics;
12. Signs which are located within a structure and not visible from
a public street, sidewalk or alley or other public area;
13. Directional signs;
14. Stationary lights which illuminate a building or adjacent
grounds and do not directly illuminate another sign; lights
which outline building features and are not part of the
integrated background or outline of a sign;
16. Signs constructed by public agency on public land;
17. Signs that are permitted for home occupations provided that a
Home Occupation Permit has been obtained; such signs will be an
unlighted name plate mounted on the building, not exceeding 2
square feet in area announcing name and home occupation.
SECTION I1. Prohibited Signs.
The following types of signs and displays are prohibited:
1. Freestanding signs in any residential, neighborhood shopping,
downtown commercial core districts, or within any portion of
public right of way, including street, roadway, parkway,
sidewalk or alley (except with a use permit);
2. Roof signs ;
3. Signs which constitute a hazard to traffic or pedestrians;
4. Signs located within any right-of-way of stream or drainage
channel;
5. Mobile signs or portable signs unless carried by a person or by
a motor vehicle as provided in Section 12
6. Three dimensional figures of humans or animals;
7. Signs which produce odor, sound, smoke, flame or other emissions;
YN
a. Signs which imitate or simulate official signs, or which use
yellow or red blinking or intermittent lights resembling danger
or warning signals;
I . Mobile and portable signs, whether on -premises or off -premises, are
permitted under the following conditions:
(a) The sign must be painted or otherwise directly attached
lat against the exterior surface of the body of the vehicle or
trailer or, if on a cargo -type body, the sign must be attached
flat against the stake racks or other standard vehicle
accessories used to confine cargo loads on the bed of the
vehicle or trailer;
(b) The vehicle or trailer must be currently licensed and
registered by the California Department of Motor Vehicles and
must be legally operable and capable of being operated on the
public roads;
(c) The vehicle or trailer is required for and is used to
transport people or goods in connection with the business or
other activity or interest being advertised; and
(d) The sign may not be illuminated and may not contain
letters or symbols which are manually replaceable in order that
the copy can be easily changed from time to time.
2. Directory Signs. Directory signs shall be permitted at major
entrances to residential, commercial, institutional, inductrial or
office complexes to identify occupants, addresses or building numbers
for the convenience of visitors and to facilitate emergency services.
Directory signs shall not exceed 6 feet in height and shall not exceed
a nudes un of 24 square feet on any side. No more than 3 square feet
shall be devoted to any single occupant. Directory signs shall not be
included in allowable sign -area limit computations or when calculating
the number of signs on a site. A permit pursuant to §131- of this
Chapter is required.
3. Directional Signs. Directional signs or either face of such
signs shall not exceed 4 square feet in size and shall be limited to a
maximum of 2 signs for each institution, community service organization
or church. Directional signs shall not be included in allowable sign
area computations or when calculating the number of signs on a site.
A permit pursuant to §13 of this Chapter is required.
4. Area Identification Signs. Area identification signs shall be
permitted at major entrances to neighborhoods, subdivisions,
residential complexes, and office or industrial complexes. Area
identification signs shall not exceed 6 feet in height, or 128 square
feet in area and shall not be included in allowable sign -area
computations or when calculating the number of signs on the site. A
ermi t pursuant to §13 of this Chapter is required.
or 600 square feet in a C -S or higher zone. 100 square feet of the
total sign area may be used for individual business identification
signs uniform in size, shape, and lettering. A shopping center
identification sign shall not be included in allowable sign area
computations or when calculating the number of signs on the site. A
permit pursuant to § 13 of this Chapter is required.
6. Temporary signs shall be permitted under the following
conditions :
(a) The sign area may not be more than 128 square feet;
(b) The height of the sign may not be more than 8 feet;
(c) The aggregate sign area of all temporary signs on the
premises may not be more than 128 square feet
(d) Sign may not be in place more than 60 days;
(e) If the sign message refers directly (certain date) or
indirectly (i .e. , a picture of a candidate) to a date certain,
then said sign must be removed 10 days after that date certain.
(f) The sign must contain the name and address of a person
or entity to contact, in the event the sign remained after the
time allowed for in this chapter.
(g) The sign, if it is a commercial sign, complies with the
requirements of subsection 7 through 9. (h) The location is at
a distance not less than 10 feet from any public right of way,
unless a building is so located on the premises as to preclude
erecting the sign anywhere on the premises, in which case the
sign may be attached to or mounted against the building;
( i ) The sign shall not be placed on any public or utility
property in violation of Section 9 of this chapter.
7. Tem oraa project sales signs. Notwithstanding the area and
height limitations of subsection 6, project sales signs shall be
allowed during the period when a developer or builder is actively
engaged in the sale of lots or houses, or the sale or lease of space in
a commercial. industrial or office development, provided they are
maintained in good condition. One sign is allowed for each of no more
than 2 major public entrances to the project area. Individual signs
may not exceed 64 square feet or 8 feet in height.
8. Tem oEaa real estate signs. One sign conforming to the height
and area limitations 1 n su ection 6 i s allowed on residential property
and on any property less than one acre in size. On commercial,
industrial or office properties over one acre, one sign not to exceed
32 square feet in size
9. Monument siqns or any sign with a base/frame or supporting
structure:
The size of sign structures is limited to a rnaxinnun of 60 percent of
the sign area.
SECTION 13. Permits and enforcement.
1. Permi t re uired. Except as otherwise provided i n this
chapter, i t is unlawtul for any person to erect, enlarge, alter (except
for normal maintenance or repair and changes in advertising copy or
relocate within the city), any sign without first having obtained a
sign permit and a building permit for the constructicn of a sign from
the Community Development Director, and paying the permit fees.
2. Application for permit. Application for a sign or building
permit for the construction of a sign, shall be made on forms provided
by the city and shall include, or be accomplished by, the following:
(a) Name, address, telephone number of the property owner;
(b) Name, address, telephone number and signature of the
applicant
(c) Name, address, telephone number and license number of the
licensed contractor, if sign is to be erected by same;
(d) A plot plan showing the boundaries of the parcel cn which
the sign is to be located, as well as the location of the sign
and all structures on the site, including data showing building
and property frontages. Parking , landscaping and other sits
features shall also be indicated;
(e) Two copies of drawings of the proposed sign (s) showing:
(1) the position of the sign in relation to adjacent
structures or buildings;
(2) the design, dimensions, mounting height, materials of
construction and structural details;
(3) Drawings or pictures of all existing on -premises or
off -premises signs on the site, showing their sizes,
locations and the total area of all existing signs;
(4) Any other information deemed necessary by the Community
Development Director.
3
3. Structural engineering.- The Community Development Director may
requfr--e—structural engineering or such other information necessary to
preserve the safety and welfare of the general public or to insure
compliance with this chapter or other provision of law.
4. Business license. Owners or applicants who are in the business of
constructing advertising structures or leasing such structures for
advertising purposes shall provide evidence that they have a valid
business license from the finance department of the city.
5. Issuance of Permits. )Mm all requirements of this chapter have
been satisfied and all fees paid, a sign or building permit shall be
issued by the Community Development Director.
6. Permit Fees. Fees for sign or building permits shall be as set
by resolution of the todi City Council from time'to tine.
8. Stop work order. Whenever any advertising display or structure
is being erected or maintained contrary to the provisions or this
chapter, the C nnw ity Development Ei rector may order the work stopped
by serving the permittee or owner of the property or byposting a
notice on the wojk being done. The owner or person responsible for the
performance of such work shall promptly cease performing any work on
the advertising display or structure until the Community Development
Director gives him/her authority to proceed.
9. Suspension and revocation. Any sign or building permit issued in
error, or in reliance on a falsified application, may be revoked by the
Coinmlmity Development Director. • Any sign erected or partially erected
under a permit issued pursuant to a falsified application may be
ordered removed at the owner's expense.
II. ADDITIONAL REQUIREMENTS
SECTION 14. General standards, All Signs.
1. Regulated signs. All signs erected or located in the city which
are not exempted Section 10, are subject to the provisions of this
chapter as to their location, size, height, type and function. Types
of signs which are not specifically mentioned are permitted subject to
the regulations contained in this chapter.
2. Sign area computation -- Individual Signs. Except for signs
covered by Sections(re ulated signs) through 13, the allowable
sign area shall apply to all readable surfaces of the sign. No one
side of any sign may contain more than 50 percent of the total sign
area allowed. Where an on -premises sign consists of individual
letters, numbers or symbols, painted on or attached directly to a
building which are without an integrated background and are not
enclosed i n a frame or cabinet, the area of the display shall be the
average height of the display, times the average width. If such a
display consists of more than one line or component, the area of each
line or component may be calculated separately. Where a display is
enclosed in a frame or cabinet, or has an integrated background, the
entire area within the frame, cabinet, or background must be included.
3. Allowable sign area.
(a) Where the allowable sign area is a function of business frontage,
no more than 2 business frontages may be counted in calculating the
allowable area for any building occupant.
(b) The sign area of all sides of all signs on a lot shall be counted
and shall not exceed the nwimxn calculated allowable sign area. In no
case shall the total sign area on a lot exceed the nudnLin allowance
established for the zone in which the lot is located as provided in
Section 15.
(c) Where both on -premises and off -premises signs are located on the
same site, the allowable on -premises sign area shall be reduced by the
amount of off -premises sign area, on the same premises.
15
.,
(d) The total sign area on any premises shall not be transferable to
any other proprety or parcel so as to allow a parcel or property owner
to accumual to sign area credits.
(e) Any portion of signage on a lot which exceeds the maximum allowed
becomes non -conforming and is subject to provisions in Section 17.
4. Number of si ns. The number of freestanding signs located on
any business frontage shall not exceed 1 sign, freestanding for any
single business or shopping center in the appropriate zones. Any
advertising display contained within a single frame, cabinet or
integrated background shall count as 1 sign. If a display is not so
contained, a single message or business name shall be counted as 1
sign. A business name combined with a brief slogan may be counted as 1
sign if the elements are visually integrated. Multiple signs on a
single freestanding structure, where permitted, are allowed if the
other requirements of subsection and this Subsection are
satisfied provided, that all signs supported by a single structure are
visually compatible with one another.
5. Maintenance repair and a earance— All signs shall be
maintained in good repair and shall neat in appearance. Any sign
which is determined by the Community Development Director, to be unsafe
or unsightly because of bent, broken or missing parts or poor
maintenance generally, may be declared a public nuisance.
6. Location of signs. Signs located on private property shall
not extend across property lines into adjacent property. Signs may be
located within, or project into, setbacks, except that no sign may
overhang more than 1 foot over a public right-of-way or be located in a
manner that would create a hazard for traffic or pedestrians.
S
The supporting structure of a freestanding must be located at least 10
feet from the back of the curb in residential zones and at least 2 feet
in commercial and industrial zones.
7. Wall signs. Wall signs may not extend above or beyond the
wall or surface to which they are attached and may not project more
than 1 foot from the wall.
a. Projecting signs are allowed subject to these conditions:
(a) The sign may not extend above the wall or other surface
t o which i t i s attached; and
(b) The sign may not be attached to or located on/or above a
roof.
SECITON 15. Special standards by zone.
See Chart.
SFC ION 16. Removal or Restoration of Signs.
Varies depending on underlying zoning or use
Notes: 1. The ratio of allowable sign area depends on lineal building or business frontage
2. Businesses with two street frontages take 75 percent of the total when calculating the allowable sign area
3. No one sign may have more than 50 percent of the allowable sign area on one side.
R-1 R-2 k -LD R -GA R -tail R -HU R-L,P L-1 L-5 L -C L-INI H -i hi -t
V -U r-�' U -rt rUu
A
Are off -premise
signs allowed?
NO YES
NO
$
Maximum height of
freestanding signs
20 FEET 35 FEET 35 FEET (75' IN FIA)
*
_
20 FEET
Maximum number of
si �
_ ONE*_
ONE
D
Maximum size of
_
2gg
399
489
_
20g
eidn
Ratio of allowable
_
5: 1
2: 1
3: 1
total sign area
F
Maximum allowable
48 SQUARE FEET 200 300 480 *
200
total sign area
_
YES NO YES
Can signs be
indirectly lit?
NO
YES
NO
YES
can signs be
YES
i i 1 l
Are animated
NO
signs allowed?
J
Are projecting
signs allowed?
NO
Kreadable
Maximum number of
surfaces
TWO
L
Setback from curb
JD FEET
2 FEET
*
10 FEET
Varies depending on underlying zoning or use
Notes: 1. The ratio of allowable sign area depends on lineal building or business frontage
2. Businesses with two street frontages take 75 percent of the total when calculating the allowable sign area
3. No one sign may have more than 50 percent of the allowable sign area on one side.
J_
The Community Development Director may issue a written Remove or
Restore Notice to the owner of an on -premises sign and/or sign structure,
requiring the removal or restoration of the sign and/or sign structure
within 30 days of the Notice, if any of the following conditions is
determined to exist:
1) Any sign and/or sign structure erected without first complying
with all ordinances and regulations in effect at the time of its
construction and erection or use.
2) Any sign and/or sign structure which was lawfully erected, but
whose use has ceased, or the sign structure has been abandoned by its
owner, for a period of 90 days.
3) Any sign and/or sign structure which has been more than 50
percent destroyed, and the destruction is other than facial copy
replacement, and the sign and/or sign structure -annot be repaired within
30 days of the date of its destruction.
4) Any non -conforming sign and/or sign structure whose owner,
outside of a change of copy, requests permission to remodel and remodels
that sign and/or sign structure, or expand or enlarge the building or land
use upon which the sign and/or sign structure is located, and the sign
and/or sign structure is affected by the construction, enlargement or
remodeling, or the cost of construction, enlargement or remodeling of the
sign and/or sign structure exceeds 50 percent of the cost of
reconstruction of the building.
5) Any sign and/or sign structure whose owner seeks relocation
thereof and relocates the sign and/or sign structure.
6) Any sign and/or sign structure for which there has been an
agreement between the sign and/or sign structure's owner and the city, for
its removal as of any given date.
7) Any sign and/or sign structure which is temporary.
8) Any sign and/or sign structure which is or may become a danger
to the public or is unsafe.
9) Any sign and/or sign structure which constitutes a traffic
hazard not created by relocation of streets or highways or by acts of the
city.
Said Remove or Restore Notice shall be issued by certified mail. If
the sign and/or sign structure is not removed or restored within the
30 -day period the Community Development Director may cause the removal of
the sign and/or sign structure, and the costs thereof may be charged to
the legal owner of the sign and/or sign structure. The Community
Development Director may allow an abandoned sign and/or sign structure to
remain in place, provided that the sign and/or sign structure is
maintained in good condition, and that there is a reasonable possibility
that the sign can be restored to use within a 1 -year period.
SECTION 17. Continued use of nonconforming signs.
1. Conticuance of a nonconforming use. Any advertising display which
becomes nonconforming as the result of the adoption of this chapter is
subject to the conditions hereinafter stated:
(a) Except as otherwise provided in paragraph (b), a nonconforming
sign damaged by wind or other natural causes to an extent greater
than 50 percent _of its replacement ccst, as determined by a member
of the American Institute of Real Estate Appraisers selected by the
Community Development Director, shall not be reestablished. I f the
Community Development Director determines that an appraisal is
necessary to satisfy the requirements of this Section, he/she shall
notify the cwner of the sign who shall give h°m/her written
authorization to hire an appraiser and acknowledge owner's
responsibility to pay all fees incurred as a result thereof. No
permit for reconstruction of the damaged sign shall be issued until
the Community Development Director is presented with satisfactory
evidence that the appraisal fees have been paid.
(b) A nonconforming display which is damaged or destroyed as a
result of vandalism or other malicious act may be restored or
rebuilt. This Section does not permit the display or supports to be
constructed of a different material.
(c) A nonconforming sign which is determined to be abandoned shall
be removed.
(d) A nonconforming sign must be removed if the parcel on which the
sign is located is subjected to any of the following changes:
(1) Approval of a parcel map;
(2) Approval of a tentative subdivision map;
(3) Approval of a major project review;
(4) Approval of a resolution of intent to change land us6 district.
2. Cessation of right to maintain abandoned sign. The right of a
person to maintain an abandoned, nonconforming sign shall terminate
following his/her receipt of notification that the Community Development
Director has deemed the sign abandoned.
a) Res onsibi lit for removal . Responsibility for removal of an
a an one , noncon orming sign rests with the owner of the sign or
the owner of the property upon which the sign is constructed.
b) Appeads��,Appeals from the decision of the Community
Develo� Director relative to abandoned signs or advertising
structures may be made to the Planning Commission as provided in
Section 7 - Appeals Procedure.
3 Amortization of nonconforming off -premise signs.
Notice shall be given by certified mail to the owner of the property
on which the sign is located and to the owner of the sign, if not
the same as the property owner. The owner of the sign shall be
responsible for removing the sign or bringing it into conformance
with the requirements of this chapter.
(b) Order to remove. Upon expiration of the 7 -year amortization
period provided in this Section, the Community Development Director
shall order the nonconforming sign to be removed.
SECTION 18.Abandoned signs.
1. Removal of abandoned sians. Any sign and/or sign structure which
has been abandoned fcr a period of 90 days shall be removed or restored to
use within 30 days after a notice t c restore or replace issued to the
owner of the sign and/or sign structure. Notice shall be given by the
Ccrr Y ty Development Director, using certified mail. The Communi ty
Development Director may allow an abandoned sign and/or sign structure to
remain in place, provided that the sign or sign structure is maintained in
good condition, and that there is a reasonable possibility that the sign
can be restored to use within a 1 -year period.
2. Criteria for establishing abandonment. A sign or sign structure
shall be considered abandoned when any of the following occurs:
(a) Any copy thereon i s out of date;
(b) Any business advertised thereon is no longer located at the
advertised premi ses;
(c) Anyroduct or service advertised thereon i s no longer offered
on the advertised premises;
(d) The structure no longer supports a sign or the sign no longer
contains an advertising display;
(e) A sign, structure or advertising display is visibly damaged or
partially missing.
(f) The event which i s being advertised has occurred.
SECTION 19. Violations.
1. Procedure for violations. Any advertising display or. structure
erected or maintained, or any use of property contrary to the provisions
of this chapter, is unlawful and a public nuisance. The following
procedure applies to enforcement of the provisions of this chapter:
(a) Notice of Violation. In the event of a. violation of this,
chapter, the Community Development Director shall deliver to the
person or persons in violation of this chapter a "Notice of
Violation" ordering the persons to comply with the provisions of
this chapter within. 10 days of receipt of the notice.
(b) Noncompliance; Citation. Upon failure of the persons in
violation to comply, the Community Development Director may issue to
the persons in violation, a citation to appear before the Lodi
Municipal Court and may refer the notice of the violation to the
city attorney for commencement of an action or actions for the
abatement, 'removal and enjoinment of such violation: as a public
�19^
c
-
nuisance and the institution of a criminal action in the manner
provided by law.
2. Remedies. All remedies provided for in this chapter are
cumulative and not exclusive. The conviction and punishment of any person
under this chapter does not relieve such person from the responsibilities
of correcting conditions or removing prohibited sign displays and
structures which are i n violation of this chapter.
3. Penalties. Any person violating any of the provisions of this
chapter or any applicable provisions of the Uniform Building Code is
guilty of a separate offense for each day or a portion thereof during
which a violation of any of the provisions of this chapter is committed,
continued or permitted, and upon convicticn for any such violation shall
be punished by a fine of not more than $1,000, or by imprisonment for not
more than 6 months, or by both fine and imprisonment.
SECTION 20. All ordinances or parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 21. This ordinance shall be published one time i n the "Lodi
Nims Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect thirty
days from and after its passage and approval.
Approved this day of
EVELYN M. OLSON
Attest: MAYOR
ALICE M. FEMCF E
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M, Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. was introduced at a regular meeting of the
City Council of the City of Lodi held
and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held by the following vote:
Ayes: Council Members -
Noes : Council Members -
Absant: Council Members -
Abstain- Council Members -
836
4
i
I
t I
is
626 FEDERAL SUPIIIA:SiFNT
notions of judicial efficiency come into
(7,81 Applichtion of the exhnustionthe
%
play a, well. A complaining party msy
w'
ory to this case is further arrnnted by s
be successful in vindicating his rights in
concern for finality. By regulation. the
the administrative process. If he is re.
Secretary of Interior has provided that a).
quired to pursuehis administrative reme.
peals to tile i13LA he commenced within
dies, the courts may never have to inter.
thirty days of the date of the decisionfrom
vene. And notions of administratire au.
uliich uppeal is sought. See 43 C.F.R
tonomy require that the agency be given
4,41(a). One of the reasons b«hind such t
a chance to discover and correct its own
time limitation is necessarily a concern for
errors. Finally. it is possible that fre.
finality. Parties to administrative proceed
quuTdt and deliberate flouting of adminis-
inns have an interest in knowing when
trative processes could weaken the effec•
decisions arc final and on which derision%
titeness of an agency by encouraging
their reliance can be placed. Allowing \r
people to ignore its procedures.
quoia to file a motion to vacate almost nine
395 U.S. at 194, T95, 69 S.Ct. at 1662-63,
moaths after the Deoetabow 18 dedsioltand
4.at:
allowing it to question the validity of that
In this case, it is passible that pursuit of
decision in this court almost two yeais of
all available administrative remedies may
ter the decision and eleven months after
have resolved the dispute or at least provid-
the INLA's dismissal of the appeal is ter
ed a full factual record upon which a court
ttinly at odds with the need for finality:"
could review the issues. See Craprr•op c
We therefore hold that theplaintiffs' fail
Ferrell, 408 F 2d 6S7 19th Cir.1969) carat-
ure to timely appeal the December IS dtri-
ed on othergrounds, 391 G.S. 335, 90 S.Ct,
cion to .the Ifif 1 precludes our review or
1152, 25 LEd.2d 351(19701, Had the 1BLA
the merits of that decision,
been confronted with a direct appeal from
Lailt.o.,r,h ha.od on :t•'sthelu• gmundt, tu,;i
the December 18 decision, it would have
which pernsitted to d.WictJ signs and
been able to consider Nequois's argument%,
IV.
perhaps resolve the controversy and at
191 The final issue presented by thb
least would have developed the record with
case is whether plaintiffs are entitled to a
regard to the extent to which Interior had
trial to determine compensation for the tak
searched its files for material complying
ing or their property pursuant to i6 G' .0
with the filing requirements imposed by
§ 1910,11 Defendants argue that phtintiffs
the Mining in the Parks Act12
have failed to allege facts from which a
12. There is a ractual dispute as to exactly what
13. While tittle Is no statutory time limit f.
Information regarding Nequoia's claims existed
judicial review of a deciniaa or the 19LA. pd:
within the files of the NPS prior to Nequoias
Bial review of such decisions is still slibjrrt to
filing on September 28. 1977 and as to what
general principles of estoppel and the rules of
information was restewed by the Dt.bl in con.
pleading imposed by the Federal Rules of Cod
eluding that Nequa s filing was insufficient
procedure. b',^,ed Slater v. Bibb, 6SS F.24 97
and that Its claims were therefore abandotud
979 lath Cir.lvill).
and void.
C.A. Const.Amend. 1: \'.A.M.S. Cunat. Art.
Plaintiffs allege %hat the information allegedly
abwnt from the September 28 filing, c.g., an
14, 16 USX. §- 1910 provides:
accurale map identifying each claim, was at.
The holder of any patankd or impalerard
ready in the files of the NPS and that Interior
mining claim subject to this Act who belie, -
had a duty to consider this additional informa-
he has suffered a loss by operation of this A,t
lion when passing on the validity of Nequmal's
or by orders or regulations Issued purlUxe,
claims. Had we reached the merits of the De.
therein, may bring an action in a Untted
cembcr IS decision, the questions of exactly
States district court to recover just compenv
what information wait in the agency- files, when
tion, which shall be aw'ardcdif the court finds
It was filed and whether the NIPS was aware of
that such loss constiluies a taking of proprio
such information may well have been malarial
compensable under the eonsa'lutton, Mto
our analysis. Because of Noquoia s failure to
court shall expedite its consideration of am
appeal, however, the factual record regarding
claim brought pursuant to this anion.
the information In the files was never deycl-
opcd,
NAT. ADVERTISING CO, v, CITY OF BRIDGETO1N 831
Cuea.624Flupp.atr M U.M. 19ss1
taking of their property could be found.
granted and this ln•tion is disn,nu01 with
tole find defendants' argument well taken.
prt•judin?.
In fhlifed States P. LOC4'f, -- 1;-S- ----,
In, S.Ct. 178F, 86 L.EJ'2d lid 1198:71, the
o yn,rs,.,.w
Sapreme Court confronted similar argot.
+:,•nes made by claimants whose mining
el.orts were extinguished under the FbAcr.
d Land Policy and Ntanagwnent Act for
NATIOSAI, AD\ KIMSI?C
lailore to make a timely annual filing. la
COMPANY. Plaintiff,
hAling that no taking which requirtvl runt-
l.•nsalion had occurred. the Court m,ted
s
'
that it had never ruquin-d Congress to cum
CI'T'Y OF ItR111G F� I'1)N, Ikdrm;nnt.
pmsate an owner for the consequences of
No. 81-Ga6903).
l: aibrti Stat... Vstns^. t. -'nail.
4.at:
F: -D. Missouri, F; D
ialppcllecs (aihal to inform themselves of
the prnpor filing deadline hnd fltilvd to
Darr. Uo, ll)SG.
lilt• is timely fashion the dneuments rt•-
quired by federal law. Their l+rolwrty
Commercial bills and emni-any
Ins: was ono appoli„es could have av"M
brought acdmi cludle"W"g city „rdin::wv
ed will minimal burden; it was (heir
prul,lbiung off-site eoniwerci.d hllibuan!,.
(ashore to file nn time not the action o.
'Flu. District ('mart. IlungaW..1.. lidd 11.3;
Cnr.gnss—that caused flu• pro{'era:'
the, nnlinan,•,• which prohibnwl r, n mrrc.:ri
right to he extinguished. Rcguhuion Of
Lailt.o.,r,h ha.od on :t•'sthelu• gmundt, tu,;i
property rights dm•s not -take” private
which pernsitted to d.WictJ signs and
property when an individual's reason•
signs. was :,till under t! v F-ir>=. Anu,!,6
alk•, investinenphocked expectations,call
ment.
cnatinue to be realized as long as he
.ludgmcnt fur d••{cadaur!.
complies with reasonable regulalnry re•
strietinns the legislature has imposed.
('umlil ulional l.aw X911.:3
P!. ;.Ct. at 1;99, H5 L.Fd.2d 64'
'honing unit Planning c -sl
Wo, find that Locke ix controlling in this
Citv's bar, un orf-sity curm:omi:al
bill -Like
the sppellees in Locket the
ltWlydl throughwll the community bayed use
haiutiffx here Inst their claims because of
aesthetic grounds was valid under First
their own failure to comply with reasonable
Amendment where cxeepttnns permitted
rvoilations impotiol toy Ctlilgrl'sx. On,,
litil'quate (opportunity (nr diterPl, poiiG.:d
gross did not "take" plaintiffs' mining
espre.don and allowed owner of premises
,•!aims, Rather, plaintiffs gave up those
to place signs thereon denoting lawful busi-
claims when they waited until the last Fns•
ncss or prorc<sion pursued thrrvuo. U.S.
t;hls• day for filing, when they filed insuf f!•
C.A. Const.Amend. 1: \'.A.M.S. Cunat. Art.
ri••utly and also when they failed to appeal
:t. ; 4S: Art. 6, :§ 19. 19iat: \'.:\.>t.<. ; 22,; -
lkwir loss through prescribed adn;inistra•
500 ,•t seq.: 2:3 U.S.C,A. § 1:31 La).
..
I-ve channels. We therefore hob{ that
p'aintiffs' claim under If, U.S.C. § 1910 for
Patrick C. Dowd. Coburn, Croft & Poll-
tar taking of their proln:rty is dismissed.
cell St. Louis, Mo.• for plaintiff.
Accordingly.
William A. Itieh(cr and W. Mork Itusmus•
IT 1S HEREBY ORDERED that the de•
sen, Doper. Martin.3ensen, �kuehel .l' Ib+
f,•ndnnts' motion for summary judgment is
Inge, St. Louis, Mo., for defendant.
838 626 FEDERAL SUPP1,EMF:NT
MEMORANDUM OPINION
HUNOATE, District Judge.
"1 love a billboard. I always will
Because a billboard gives me such
a
thrill.
When 1 was only a little child
A circus billboard drove me wild."
The flillboard .Varch, by John N. Rlohr.
Apparently, billboards have likewise at-
tracted the attention of the Bridgeton City
Council. This suit follows defendant's de.
nial, pursuant to its ordinance prohibition
against "billboards," of plaintiffs applica.
tions for building permits to erect outdoor
advertising structures on leased property.
The relevant Bridgeton ordinances allow
some exceptions, perhaps in the interest of
due process rights of land owners to erect
signs on their own property relating to the
business or profession carried on there.
They further permit, perhaps in the inter.
est of the first amendment, for temporary,
Periods relating to elections, signs denoting
issues or candidates supported or opposed;
no bias or preference is dictated by the
ordinance.
Can a city, in 'he interest of aesthetics,
restrict off-site signs erected for profit?
Or signs calling attention to a business or
Profession not conducted or service or
Product not available on the premises on
which the sign is located?
The Court's consideration of the difficult
questions presented here Was aided by out.
standing presentations made by counsel on
both sides.
Findings of Fact
1. Plaintiff is a corporation organized
and existing under the laws of the Slate of
Delaware and qualified to transact busi-
ness as a foreign corporation in the State
of :Missouri.
2. Plaintiff is engaged in the business
of outdoor advertising throughout the Unit.
ed States, including the metropolitan St.
Louis area.
3. Defendant is a "Constitutional Char.
ter City" under Article 6, Section 19 of the
Constitution of the State of Missouri of
1945, as amended.
4. The powers of the defendant are de
rived from Article 6, Section I%a) of List
Constitution of the State of Missouri of
1945, as amended.
5. As a part of its outdoor advertising
business, plaintiff (a) leases real estate; (bl
erects and maintains outdoor advertising
signs on the real estate it leases; and (c)
leases space on its signs to persons or
entities to display advertising on the signs
The advertising messages di.splay'cd on
plaintiff's signs include non-commerrul
and commercial speech. The speech advrr
tised is for lawful activities and is not
misleading.
6. The nun -commercial speech udrar
tised on plaintiff's signs includes (a) sa•n'it
es performed by charitable and civic orgr
nizations; (b) fund raising campaigns for
charitable and civic organizations; (c) cam
paigns to fight crime, drug addiction, sad
drunken driving; (d) political messages by
candidates for public offices; (e) messages
on political issues; and (f) messages by
religious organizations.
7. The commercial speech advertised on
Plaintiff's signs includes advertisements bs
(a) hotels and motels; (b) restaurants; (c)
motorist services; (d) tourist attraction;
(e) businesses selling products or services,
(f) radio and television stations; and (g)
financial institutions.
8. During 1984, plaintiff leased three
parcels of real estate within the municipal
boundaries of the City of Bridgeton and in
areas zoned by the defendant for commer
tial or industrial purposes. The leasedreal
estate is located within 600 feet of the
nearest edge of the right-of-way of two
interstate highways which are located with.
in the municipal boundaries of the defend
ant, are a part of the interstate highwa)
System in the Sfatp of Missouri, and are
interstate highways for the purposes of
Mo.Rev.Stat. § 226.500,et seq. (1978).
9. Plaintiff seeks to erect a 14' by 48'
monopole outdoor advertising sign on each
of the leased parcels of real estate for use
NAT, AD",HTISINO CO. v. CITY OF 11RIDGETON 839
ere a Ale r.Supp. 037 (LO -All. 19351
outdoor advertising business.
sign is located, defendant denied each of
in plaintiffs
In June of 1954 plaintiff applied to defend•
plaintiff's building permit applications.
ant for permits to build an outdoor adver•
Plaintiff was unable to build outdoor adver-
tising structure on each of t.`c leased prop-
tiling signs on the three premises it lensed,
cities.
and has not been able to rc:dize the profits
10. At all limes material to this action,
it would have realized had the signs been
Article VI of Chapter 5 of defendant's Mu•
erected and maintained.
nicipal Code t and Ordinance No. 84-85 en-
13. But for old Article VI of Chapter 5
acted by defendant on August 15, 19849
of defendant's Municipal Carle and Ordi•
prohibited off-site commercial and non -tom"
mance No. 84-34 of defendant's Municipal
mercial advertising. Due to these prohibi•
Cate, plaintiff would he entitled to it sign
tions•, the other provisions of old Article Vl
permit and could erect and maintain the
and of Ordinance No. 84-54 were not in-
type of sign plaintiff desires to erect on
tended to apply to off-site outdoor adverbs-
each of the parcels of real estate leased by
ing signs.
the plaintiff. ,
11. The provisions in old Article VI of
Chapter 5 of defendant's Municipal Code
Conclusions of Loin
and Ordinance No. 84-54 of defendant's
1. This Court has jurisdiction over this
)lunicipal Code which prohibit off-site out.
ucuon pursuant to 28 U.S.C. § 19;11, Ven -
door advertising signs were enacted by de-
is to 28 U.S.C.
fendsutt only for the purpose of maintain-
ue proper pursuant
4 1391(6)• rhe Court declines to exercise
mg and improving aesthetics within defend-
anis municipal boundaries. Aesthetics is 3
Jurisdiction over the pendent state law pre.
uvernmental interest which the defendant
enlptnn claim and therefore dues not deter -
ran advance if done properly.
mine that claim. Lbtiled brine Workers r.
6rbb ,, 3x3 U.S. 715. 86 S.Ct. 1130, I6
I2. Pursuant to defendant's urdinonccs.
L.Ed.'Li 213 119661.
which declare unlawful signs advertising
products, articles. or services not produced
3. Du the Bridgeton ordinwices at issue
or available on the property on which the
here constitute a prior restraint on free
1. In relevant part and before the August 15.
she premises upon which she graphic is local -
1984. amendment, Article VI of defendanrs hill
cd....
nicipal Code specifically prohibited "bdlbrards"
Semon 5-132(x) 01 Ordinance NO 84 -ea• Ser
and "Islignis) advertising an article or product
Exhibit 11 %.ached henna and incorporated
nm manufactured, assembled. prtsee—J, re-
herein by reference for a conspletc copy of the
paired or sold upon the premises upon which
new•-Jinaner. The present ordinance alis,ws
the sign is located." Sections 5-138(a) and 5-
she following:
I381g). See Exhibit A attacked bereto and to-
On the property wiwch it occupies. each actor
anpomted herein by reference for a complete
sty is entitled to display. on each street and
capy of the old Article VI. The article defined
parking lot on which it front, street graphics
"billboards" as:
containing a total of items of information up
I401 signs maintained by advertising agencies
in the maximum designated in Section SAM
which advertise products of their customers
fluweseq if the name of the activity c.ntmns
or clients, and all business signs individually
mu¢ than the maximum number rf Items of
orprivately owned which are nm on the
informatinn permitted, such name may be
premises of the owner or place of business to
displayed once on each frontage provided no
which they apply; including all signs and
other graphic for that activity is JuplaSed on
those otherwise attached to buildings and
the building ur prembes...
>vuOwes, as ,,If as those not allached to
Section 5-127W. The ordinance rxplicidy cx
buildings and supported by uprights of braces
—pis from its n-gul lions "Ipt.hneal signs not
on the ground.
Sccfion 5-125,
over 8 square feet in arca that arc placed in a
2- On August 15, 1984, defendant amended Its
g
Ite>idcatol Dwrict only and that arc removed
-
within 10 working days arc: the date of the
ordinance to prohibit explicitly, with specified
election to ,.hick they pertain." Section 5-
cweptions,
I31W. among other listed siun>.
t8lraphics advertising a service not provided
or an anick or product not enanofa.:tured.
awembled, processed, prepared or sold upon
v .. ,,. ' ..,... , l , . , ar{ ,. M1 ..- 7n .. �s ,, ,+,*S esry�t,i•''!?���`"d.gl ?. $a , "4'�'i�'�f•'„�. - *-..1�... - q3v€A�RSF+=3rp:"f'sT't'?y`a'':,:
or
.......... .
f§40 626 FFDFRAI. StIPPIZAIENT .1
speech?:. Yea, as to aiNertising is business Comm'", 447 U.S. 5w,
or profession provided or a product not •2.343, (IS 1,Ed.2d 341 (1980). )[ersl. g it
available on the premises where Use sign is usslisputed that the speech advert.
Ised
located. plaintiff in lawful and L not
E Is this the sort of prior restraint an free and that the Ordinances restritil
speech Forbidden by Ihi- first amendment to speech. Thus. the Court must cossisib.
• the United States Constitution' No. restrictions' validity.
I think that I shall never see 4. Do the ordinances implement 4 &.;1
A billboard lovely as a tree stantial governmental interest? A
Indeed, 11116's the billbriarils fall stintial gowriunctital interest in a n't),
I'll never see a tree at all. It.-,% been recognited. Nef Nctromrsiz
"Song of. the Open Road," r1a c Ogden -09, jai S.r
i:, Inc., supra, 453 V.S. at 5117 t. at
• A'alth POCATI flook. 6 (1944). 2892-93; Afrolbers ol'('ity Calinei(P. Tt:
Constider, what other liventuth of expres- ;m&crs for Kneels t, 464 U.S. IR9. &-rr
q I sion are available to pinintirr in this case? 11)1 S.CL 2118, 2131), 80 I.Ed.24 772, 711
The Official Manual of the State of Missilee
rd for the years IP$3 and 11184 indicates the Con"ro about the proper balance b,
SL Louis metropolitan area has more than tween commercial and aesthetic values b,
fifteen newspapers, over twenty radin sta.. long disturbed the public conscience.
Uunts, and six television stations. This is I have ridden superhighways
not counting the rights to 11stribute Is.and
- and belleved the billboard's promixtil,
hills, operate soutultrucks, or conduct sky•
writing, all of which occur in the area:
F wide
Join freeways fifty Ian" a" a loll
We are not talking at bland Iiii;-
-ut a penniless trete continent spliced with 1, it
person carrying a placard, seeking *'Justice boards Illustrating imbecile ill-iiii.,lis of
for Leonard Peltier," ses, Cuited States r. happiness
-r
F2d 5 --Al 18th Cir.1%4) tilt l.awrerwe Ferlinghetti. A Colley Ishillit of
variant); Uniti-d States r. 585 F.2d thr Alind, 64, 9 0951')
-
314 49th Cir.197S), cri1. devitill. 440 U.S.
94.1, 91) S -Ct. 14122, 59 LFIL24 634 (1979), or In the Highway Beautification Art of
14rq, the federal government recoxnizel
decrying Oppressive lax Insets. Here we are
the legitimacy of aesthetic inwrest in this
considerinir those who can afford the er` t
So. even if the ordi. regulation of oudoor signs atthe ill
pense of a tinnal
Dance Isere were. invalidated or repealed, a level:
putipsir could not employ this form of free The Congress hereby finds and de•
speech. clans that the erection and maintenance
3. To determine whether the govern. of outdoor advertising signs. dispinys,
Is and devices Ili limits adjacent to the in•
mental rortrlelbills ere it, valid restric-
tersitate System and the Primary systsystemtions on commeriiial spivech. the O)urt must
decide whether Use cointuercial speech should be contridled in Order to prott.c%
the public investment in such highways,
"mft-crns lawful activity and is not mise
rictions to promote the surety and recreational-
leatting" and then whether the rest seek value of public tnivel, and to presi-res
Ash. t
to implement a substantial governmental nesturof beauty.
interest..., dircedy advance that inter. 23 U.S.C. J 131(a) (emphasis added).
est and ... reach no further than neces- The State of Missouri, in its CAmstitution
intry to accomplish the Oven objectis e. recognizes the legitimacy of aesthetic inter
w ri,
Metromedia, file. I. Cily of San Diego, est in the regulation or Debt or sig. 4 a
453 U.S. 400, 507, 101 S.CL 2882, 2992, 69 state level:
LFA.2d SUO (1981), citing Central Hudson The general assembly may cutlet laws
Gas & Allretrie Corp. I-. Ilublic Serrice and snake appropriations to ),reserve ant
. Xf
NAT, ADVERTISING CO. v. CITY 01'
ch. .. Gra rsiolp. all ir.p.sss.. Rif
fillnXituate memorials of the hist,,ry of
the cute by Park., buildings, more.
niclits. staturs, paintings, documents
1.,,4 lgmrrA 4,h. Ii.
(if
historical value or by other means. and
'n-ok, lwti, W.m.'re
154-d.
10 present places q% historic or archuen.
J- .1'. s.,.- p. ."I -
logical interest or sernic beauty, sillj for
1-awrence- Ferlitighmii. Tilt,"
such purposes private prols.,
.r%y or the
Open Kile. Op, -n Heart. Il!)r,:).
use thereofpay he acquired by gift.
"it is hostile in a de'll"cratic
llurchAse, or entinuta domnin or be sub•
sr,tem to
invoice the jDd:ci:.ry in Ilio
jetted to reasonable regulation or con.
)f Ute
trot.
Oniri� tilirlit tim it, er.:.-r
1. ,40. Const. Art. 111, 1 '18 (01111,11451t;
this Imlilical thicket,'J" wrote Justin, I*,..
lix
Tile Missouri Constitution autborizest
Frankfitirler in 14.1m,
Green. 1339 U.S 5-9,
the state legislature to preserve scenic
R.C.t. 11118, 1200. 11111, f)o LFSi.
beauty. Missouri courts have long rt.r.
1432
(194GI 1.
ognized ;anti upheld the reasonable r"IZ11'
Cuillleevsiollol Quarli-r/g, vol. -13. Do. 3%
12000 Of signs, Including comlienstition
p. 19-10, Sept, 29,
and amortization to clintillab, noncan.
(Drilling signs, .
Writing for the mrtiority in filejpiolits I..
It Chapter li, § 5.18. %11 and 3. at pagps
Sinnt. 377 U.S. h33. 562'. " S-Vt. 1362.
and 5-25. Missouri Loral Gorre"111"" I
13-q?. 12 L.FAI.2d Ust; (11104), ('bi,f Justice
Line, published by the Ilissiler! Bar. Sre
Warren explaining III,- reasoning 1i -bind
oleo illo.Rce.Stat. 1 2.26.500, et sell. (1978)-
on,1wrt-ri, one vet;, stnt.41: 1'.-gislatill-8
If beauty is tel the eye Of the beholder,
mllrese'll Penillo. nelt Irces lie Der-. Lpg-
islawirs are elected by voters, not farms
balibull he the beauty Operator? is it the
or
cities tie o-rinmnic A fl-riii-ri
elected legislative lHilly of local residents
legiMatom. not hillb-nirds, rq-r-,;,-i!t
Whole 111-110:11" sliest lie regularly renewed
pecials.
bythe electoraw; -lie :in appointed (and
gt'iwril
lisittictuneis nonresident) tribuntil whose
enact ordistanc.-s for :in n,
;eyes may never gaze 1111011 the economic
is unquestioned.
blil;ht, visual pollutioll, and aesthetic issues
Therefore, lillic can 110 0 -ill -4 in thl- arlin
;to which the ordinance is addressed.
(if enlist itut ional Nw. and oltich ll+t in
the process of dviliocnitic decisioullink•
"" "n"
ing, isle allnuring indil idual judges ill city
after
T. I-, I%h a."]
chy to scttnd_I,,ID%s slich b-gisIg.
.1 No.." .4 s.." mn•live
OFR H4 11
or administrative, deterittinalk.1r.;.
H KATgV....y rum 11 -t . -C., anterum..114-tronlrdia,
P d- 11.4 ChiChirGnV
lar., supro. 1;';:? at 5i
' ().
W THI: KNI,
"
101 SXt- at 2925 ilb!hrquiiii, J., dissent.
JI_.1,rA
T 1. Cftl��
ink).
s hrr FArµv Amo
P.4 -n. J.I,rb N.J. V.h- V=
h,,, St. a F- I-li-A. I.,
If ;Ili qiMinance is arbitrarily enforecd in
PA, X-6- W- X- ".r 11-11M- A
a discrin-inArry Illainivr, it Well if course
M. c....
jeLIIX If- 11 -H -A A— A $..I
File exall.l.h.. file
I!nilcll Stat- Stiprt-sn.- Court wal; Careful
DAM
VW F.ill-14 It V.wy,
th 4
F...;" It-,
I -AS VI%;%H HILVIN
The rimiliory.r was ricrly Iziv,,o to on.
Inly I"INIS
rivi-stand that Under tin cirvinnstailces
WrAlOW.1"
W -W It.
would lie alisl his Knillp be I.-rillitted 1.
Filowil-PAT
110"Hillittrale in Birmingham. still that a
FIAMING"
PINVIFT INN
detrinDstrilion would Ill- allproircil if a
PYRAMIDS
tinie and phirt- were seivried that wan Ill
CAR.AAR11 PALVE
minimise traffic 11roblools.
842 629 vent HAL
Cos A. 416 F.bupp. a)7 jv.UM., tuns)
Shuttlesu•orth r.. City offfir•rninghanb 394
ject to the exemptions contained in uK
U.S. 1.17, 15,4, K9 S,CL. 935, 942, 22 L.lA.2d
ordinances.
30.2 (1909).
Therefore. the ordinances are consuta
A perfectly valid ordinance on vagrancy
tional.
or dr•,nkenness may be rendered unconsti•
it is important to have judicial decisions
tulional if uniformly and systematically all,
from which definitive principles can hr
plied only to blacks or some other specific
clearly druwn. See ,lletroutedia. /lie..
minority group. However, this should not
make the ordinance unconstitutional, only
prn, 453 U.S. at 569, 10L S.Ct. at .111
its application.
(Burger. C.J., dissenting).
"You should not roll up your pants until
If affirmed. this case would hold that
tion get to the creek," as the late conanine
where exceptions permit adequate oppurtu
lienal authority, Congressman Emanuel
nity for diverse political expression, any
Getters u wino say.
allow the owner of the premises to pica
re is no e
a
"Thera vidence that the statute
signs thereon denoting the lawful businv"
has been for will be) administered other-
or profession pursued thereon. than n ileo
wise than in the fair and non•discrinu
on uther commercial billboards throughout
tory manner which the state court has
the community based on aesthetic ground,
construed it to require." . [Car r. Aire
is valid.
Hampshire, 312 U.S. 509, 577, 61 S.Ct.
To hold otherwise erodes the federal 1, b
702, 700• tis L.M. 1049 (1941) ).
cy expressed in the Highway Beautification
es
: re f twelve hundred (1.100) degrees
tura ofeil
Act. It would dilute powers granted b}
[T)hero [is) nothing [here) to show "that
the state constitution and weaken the It
the statute has been forwill be admims-
thority of duly elected city councils to legis
tered otherw'isu than in the ... manner"
late in the arca of aesthetics,
(sensitive to and balancing all community
trtatinn or insignia used to adecrtise or pro•
luic illuminated by electric lights or lumi'
EXHIBIT A
Shuttlesrrorth, supra, 394 U.S, at 156,
ARTICLE Vi. SIGNS,
159-59, 69 S.Ct. at 941, 9.12-43. Here,
Sec, 5-125. Definitions.
there is no allegation that defendant urbi•
As used in this article the following
Lrurily enforcod the ordinances.
terms shall have the respective meunings
5. Defendant directly furthered the sub.
ascribed to them:
sutnti:l governmental interest of improving
Billboards, All signs maintained by all
and maintaining the aesthetics within tit-
verdsing agencies which tidverdse products
fendant's boundaries by prohibiting off-site
of their customers or clients, and all bust
outdoor advertising. lit., 453 U.S. at 511-
ness signs individually or privately ownvd
12, 101 'S.Ct, at '1894-95,
which are not on the premises of the owner
6. Defendant moreover has not gone
or place of business to which they appl):
farther than necessary to regulate commer-
including well signs and those otherwwt
cial speech by allowing such speech on site
attached to buildings and structures, As
and disallowing such speech off site, Id,
well as those not attached to buildings and
The ordinances do not distinguish be
supported by uprights or braces on the
tw'een commercial and non-commercial mes-
ground.
sages since the ordinances permit on-site
Combined oJylce building All offier
advertising, subject to structural restric-
buildings combined with convenience.
tions, and pr9hib11 oif•s(itt &dVtMWW. flu1r
go lis. otores or gt)€Bank( service shot,,.
• Editors note --Ord. No. 724, adopted Feb. 2,
Ord, No. 724. as amended by Ord. No. 72-14.
1972• repealed former Art. l•'1, §§ 5-125-5-159,
§ 1, adopted July 19. 1972, arc included herein
pertaining to signs, derived from Ord. No. 955•
as a new An. VI, §§ s-125-5-158.
adopted tkt: 18, 1968. S+:clions 1-34 of said
SAT, AIMItTISING CU. v, CITY l)t• 111t11)cETu` 8.13
Cos A. 416 F.bupp. a)7 jv.UM., tuns)
t 1,'rccf. To build• construct, attach, hand,
lrrojrrlion sign. Any letter. work• mud -
suspend or affix, and shall also in'
cls sign, device or n•presentat+on u;.ed in
j pare,
1,,k, the painting of wall signs.
the nature of an advertisement or an.
faring or surjuee. Any surface of the
nouncement projecting from the building
gn opon, against or through which the
d not in the same plans as tilt wall.
IhrAAage. Is displayed or illustrated t d on tilt
Rrad, bort rets ,Ua}• sign that hes
rh:utg ;tide or rernut;+ble lettering, with tilt
GasuNnr and oil sMice stations. Any
eseeptima of rnarquve signs which art cov-
( WAinrss which dispenses or is ,designed U,
tred separately in this artirie anis which is
fi-d the "Ill, huddu•g
gasoline and oil fur use in mot,,r
pernanentay to 9"t
E ,vhicies Anti boats.
or structure.
Ground siyn. Arly sign erected, con-
Ro„I line. Jhail nle:aa the toll of the
4
.eructed or maintained for the purpose of
walls where the roof begins.
c:dicating services, articles and products
l;ou% sign. tihall utWut :an)' sign p:u11tcd.
'f(,"d within the building. when such sign
-meted, con..truvW,! or noinutirwrd upon
Is supported by Dale ur Morro uprights, pasts
, the roof ofany building. inclu;img {'roj,•c•
,a bowel placid upon or affixed in the
ting signs nttuched to a parapet %%all that
not attached , ally part of a
gruuud and u
,extents shove the roof line.
bu:ldiug.
ptrombpdible npticriat. Any material
Signs. Every sago, billhuar+:, ground
sign• pole sign, wall sign.
+bleb will out ignite at or below a tempera•
sign, portable
roof sign, illuminated sign, pro ecting sign,
es
: re f twelve hundred (1.100) degrees
tura ofeil
temporary- sign, marquee, awning, canopy,
and will not continue to burn
lima and weather information• unit street
-;,ow ut that tetnpxrature'
cluck, and shilli include any anuouncenwnl.
Illwainated sign. Any sign which ha,
do.clar:tion, demonstration, display, illus-
hanclurs, Icttun, figures, designs or out
trtatinn or insignia used to adecrtise or pro•
luic illuminated by electric lights or lumi'
mule the interest of any person when the
coo., tubes as a part of the sign proper.
s:une is placed in citta of the general pub•
Lun'al fuafnyr. Shan mean that length
hc.
d lliv property line :long any street with
Sign arra. A total :area of the spat,- to
:n,;res, and egress.
be used for advertising purposes, iocludmq
.tlurvure sign. Any sign affixed to a
tilt spaces between open -type Ietoas :slid
n:argact over the entrance u, a building,
figures, including the baekgruund strut.
etb•nding and supported from the building.
lure, or other decoration or addition wtuc•h
Orrapational signs. All industrial, cunt•
is an integral part of tilt sign. 51911 sup•
:eyelet and mercantile signs advertising
ports shalt be excluded in deternoning the
the business ail its premises or any of its
area of a sign. The total allow•oi it area
,cticities, including permanent theater
for it double faced sign where the two 12)
sighs used to advurtise performances.
faces are substantially parallel shall bu the
Other adveriising structure. Any mar•
sum of the area of eaeh fact and where the
two (2) faces are nut substantially parallel
suet, canopy, awning, street clock, time
total allowable area shall be ono -half
and weather information• as further do-
sr'•'t
(+h) the sum of the areu of each face divide
fined herein,
td equally between both faces.
Pule sign. Any letter, work, model,
,1gn, device or represenattion used in the
Urrice. Banner, pennant, streamer,
wind operated mcMhanism, flashing lights
nature of an advertisement or announce-
trent not attached to a building and which
and any other type of fluttering or flushing
is supported by a single stationary pole or instrumentality, but shall not include signs
multiple poles.
which are defined under this section.
8d4 626 FEDERAL SUPPLEhIENT
NAT. ADVERTISING CO.
v. CITY OF Bltim;G .TON 945
Shopping center. An area containing
advertise the sale, rental or Icase of
d a'. mfsvep.u7
which the sign is located and provid.
tou.,w. rose
(1) Awning signs as provided for in sec.
four (4) or more shops, stores and other
the premises upon which said sign,
ing that the total display area of all
lion 5-148.
places of business permitted under the zoo•
are located only.
temporary and permanent advertising
(2) Directional signs as provided for in
ing ordinances, and providing off-street
(b) Bulletin boards not over twenty -rive
devices in the window does not exceed
section 5-154.
parking facilities in common for all the
(25) square feet in area, for public,
fifty per cent (5U) of the window
(3) Gasoline and oil service station signs
businesses and their customers.
charitable or religious, institution,
arca and that temporary signs do not
as provided for in seruon 5-149.
Structural trine. The molding, battens.
which are located on the premises of
remain niare than twenty-one (LI)
(.l) Ground signs and all other signs ort
cappings, nailing strips, latticing and plat-
said institutions and which are per.
days. Exceptions may be permitted
referred to in this article.
forms which are attached to the sign strut•
manently mounted on a pole or al.
by the design and review board. Ord.
Industrial
ture.
tached to a building or structure
No. 72-8, § 3, 2-2-72)
(5) park signs.
11'all Sign. An g
g y painted sign, letter,
(c) Signs denoting the architect, en �inecr
g g k
ja.e, 5-188. Building permits.
(fi) 1L'll be di an which signs or bulletins
Marquees
be displ�pcd.
work, model. device or representation used
or contractor when placed upon wurl
will
in the nature of an advertisement or an-
under construction, and not exceeding
la) Plans and specifications. Wo build.
(7) pole or other permanent mounted
nouneement that may be affixed to the
sixteen (14) square feet in area.
ing permit shall be granted until after un
reader boards.
front side or rear wall of any building and
(d) Memorial signs or tablets, names of
application has been filed with the building
(8) Shopping center signs including all
in the same plane as the face of the wall.
buildings and date of erection when
official showing the plans and specifics-
busin�•ss signs in shopping centers,
Window sign. A painted sign, letter,
cut into any masonry surface or
tiuns, including dimensions, material and
except temporary window signs as
work. model, symbol, logo, device or repre-
when constructed of bronze or other
details of construction of the proposed
provided for in sectio❑ 5-127(j) of this
sentation used in the nature of an adver.
incombustible materials.
structure, nor until all the provisions of
article.
tisement or announcement that may be ap-
(e) Traffic or other municipal signs, legal
this section relating to such structure have
(9) Street clucks,
plied or affixed to the window of a strut-
notices, railroad crossing signs, dam
been complied with.
(lo) Temporary banner and cloth signs.
ture or building. (Ord. No. 72-8, § 1, 2-2-
ger, and such temporary. emergency
(b) Agreement. Before n permit can be
except political posters under eight
i2)
or nonadvertising signs as may be
granted for the installation of any sign, the
(8) square feet.
Sec. 5-126. Compliance with construction
approved by the design and review
applicant for said permit must submit an
(I1) Temporary bulletin hoards for pub.
codes.
board of the city.
agreement signed by the owners of said
lic, charitable or raaigious institu.
The provisions of the building, electrical
(f) Politiral signs providing said sign,
property granting permission to applicant
tions when they are nut located on
and fire prevention codes of the city shall
are placed on property that is zoned
to install said sign and binding said owners.
the premises of said institutions.
govern the construction, alteration and
residential and that individual signs
their hcris and assigns irrevocably, to per-
(12) Temporary real estate signs. subdi.
maintenance of all signs. including outdoor
are not over eight (8) square feet in
mit the city through its agents to enter on
vision signs and signs giving di.
display signs, with their permanent and
size and that they are removed within
saidreal property for the purpose of re
rations as to real estue for sale
auxiliary devices, so far as they do not
ten (10) working days after the date
moving said sign as provided undcr this
and not located on the premises to
conflict with the provisions of this article.
of the election to which the signs
article and waiving and holding the city
which they pertain.
Approval of signs under special permit
pertain. No political signs permitted
harmless from any damage to said real
(13) Temporary signs relating to events
niust be obtained from the design and re-
under this section shall be placat
property and structure thereon occasioned
to lake place within ninety (90) days.
view board. (Ord. No. 72-8, § 2, 2-2-12)
upon any public right-of-way or utility
by said removal.
(14) Permanent theater signs of all
Sec. 5-127. Exception to requirement for
or drainage easement snd the city
Iv) forms and ('ontent. The building
types•
permits and fees.
engineer or his representative is au-
official may prescribe suitable regulations
(15) Temporary theater signs displayed
It shall be unlawful for any person to
thorized to reniove and destroy an)
not inconsistent with the provisions of this
uut.,ide of the building.
erect, alter or relocate any sign or other
political sign placed on such rightof•
article concerninl: the form and content of
(10) Time and weather information signs.
advertising structure in this city without
t
way or easement.
all ,applications for the various type of p e r
(17) Hoof signs.
first obtaining a permit therefor from the
(g) Professional name plates not excted•
ing three (3) square feet in area.
mils herein required. (Ord. No, 72-8, § a,
;'-2-721
Signs (18) nal building surface.
9
building official and making payment of
the fee, if any. required in section 5-130
(h) Occupational signs not over four (4)
Sec. 5-129. Signs undcr special permit•
nal
(19) Traditional barber poles when illumi-
except for those signs listed below which
square feet in area (on building).
(a) The following signs and variations in
nated and/or revolving or proposed
as accessory sign in addition to
sire exempted from the requirements for a
(i) Signs erected inside a building and not
the requirements of this article may be
signs permitted under section 5-186
permit and the overall size and number
visible through windows.
authorized only by special permit from the
of this Article.
limitation of signs per lot or building speci-
(j) Temporary window signs denoting
design and review board with the approval
(20) Variations in the size, erection and
fied elsewhere in this urricle:
prices of merchandise or special sales
or the building offical upon a finding that
construction when strict compliance
(a) Ileal estate signs not exceeding
conducted or to be conducted in the
the welfare of the city and its trade and
would substantially decrease the ef•
twelve (12) square feat i„ area, which
building. structure or premises on
commerce will nut be adversely affected:
fectiveness of the sign and the pub -
;j
-. Y
8.16 U6 FEDERAL SUPPLEMENT
lie welfare will not be adversely af.
fected.
(b) The Special permits provided for here-
in shall specify the terms and condi•
Lions under which the signs are to he
maintained and removed, (Ord. So.
72-F, § :i,' 2-721
See. 5-130. Permit fees.
(a) So permit fees are required for the
erection of signs exempted in section 5-18
or for those listed in subsections (1)(11),
(12) and (I;p of section 15-129 of this article.
(b) Before the issuance of each required
sign permit n fee shall he paid to the build.
ingofficial, as follows:
(1) Swn, twent Y fn,- 19.1) square feet or
less in.iz........ .... i10.00
19) Sign. ore. twemyfve t it ngii rte
reel but nut ...r fifty 0io),yuurc
1, et ............................................. Moo
Fat Signs lore rift) I:At s lvvm feet Imt
not over one hundred I loo) geinn•
feet ...... ...... _.... ........ ................ an.o
11) alh igns uccr one hundred (1w)
.quare
r-1 ... .................. ... Sa uo
(c) Fur each temporary ground sign as
defined in subsection (a) and (b) of section
5-157 there shill lie no fee.
(d) The I)cnnit fees heroin provided fur
Shall cover the iiispt•ction (inspection fees
for {eriodic maintenance listed in section
5-134) of the location of till, proposed signs
and the inspocliun during and after con•
struclion, and all monies so collected by the
building official shall be turned over to the
city collector for deposit in the general
revenue fund of the city.
(e) Each face of a sign used for display
or advertising purposes shall be taxed as a
separate sign. During the progress of con.
struclion and erection thereof and at the
conclusion thereof, the sign shall be rt.
spocted by the building official.
(f) If the sign is illuminated, an electrical
permit and inspection by the electrical in.
specter shall be required. A fee covering
the electricul permit and inspection shall be
charged as provided by the electrical code.
(Ord. No. 72-8, § 6, 2-2-72)
Sec. 5-131. Right to appeal.
Anyone applying for a permit for a sign
under the provisions of this article, wheat
application has been denied, niay upleal to
the city council for the issuance of such
permit, and the council may grant such
permit and allow a variation in the stnct
application of the provisions and requlrr
mentsof this article where there are prue
tical difficulties or unnecessary hardship,,
or where the public . interest will lit bes(
served by allowing such variation. (Ord
No. 72-8, § 7. 2-2-72)
Sec. 5--132. Sign location.
All signs must be located on the propert)
of the business or building they advertise
Setback lines are given as follows: 1*1,
sign, section 5-153; ground sign, sect ion
5-150; and temporary sign, section fr157,
and gasoline and oil service stations, sae
tion 5-149, (Ord. No. 72-8, § 8, Z-24.11
Sec, 5-133. Sign maintenance.
(a) Signs must be kept in good rvintu
and supporting structures must be kc)it in
upright condition.
(b) Painting is required every two (21
years, except where the sign is galvanized
or otherwise treated to prevent rust. or
unless made of noncorroding material.
(c) The building official shall order the
removal of any sign that is not muint inrd
in accordance with the provisions of Ua.
article. (Ord. So. 72-8, § 9, 2-2-12)
Sec. 5-134. Periodic inspections; fees
(a) It shall be the duty of the buildir�,
official to make. as considered necessary, a
thorough inspection of all signs in the cat)
and a fee of five dollars ($5.00) shall be
charged for each inspection.
(b) If the sign is an illuminated sign.
there shall be at the time of inspection b)
the building official. an additional insixc•
tion by the electrical inspector and a ftY
shall be charged as provided by the elect -
cal code.
(c) In cases where signs are subject w
electrical inspections the engineering de
partment of the city may issue one permit
for the electrical work and other construc-
tion.
onstruetion. and may issue a single receipt cover
NAT. ADVERTISING CO. v, CITY OF BRIDGETON 8.17
ell.... art F.Supp. U7 (LU.Nu. 19101
nag permit and fees of the electrical inslme-
ed in section 5-I'37tg) and (h) :f this article
tor. Separate accounting shall be made to
and/or one (1) "store ho -.is sign" may he
the treasurer for all electrical inspection
lettered on the Blas. • ;tow window or entry
fees collected hereunder.
door portion of each store or office front of
(d) If (he inspection fees are not paid us
the occupant in addition to the other signs
herein provided, the sign, including star-
permitted by this section. (Ord. No. 72-M,
dards and supports, shall he removed as
§ 12, 2-2-721
provided for in the case of signs erected
Ser, 5.-137. I'Mawful signs generally.
without a permit. (Ord. No. 724. § 10•
pal Any row sign in.t:filed, erected, or
2.2-72)
maintained in violation of any provisions of
&-c. 5-135. Identification and -narking,
this article s6:dl be an unlawful sign.
Vvery sign constructed or maintained
(h) Any existing sign enlarged, rehuilt.
.hall be plainly narked with the mane of
slrnrturally : lb red or relocated other than
the person, firm or corporation erceung or
in : ceurd:mcr with tit, provision, of tbis
maintaining such sign; the permit numbor;
;article shall be au unlawful sign.
date of erection; and voltage of any eleetri
cul apparatus. (Ord. No. 7'1-8, § 11, 2-2-
(c) Any existing sign which i, no longer
applicable to the property or building upon
Stc. .`x136. Limitations on number of
which such sign is located shall to con-
sidered an unlawful sign.
signs.
la) Each building occupied by ane person
(d) Any sign legally existing under prior
or business (with the exec{ atialt of gasoline
regulations, but which shall violate any
,nd ru;.,rr�r,r....� ..1.:..r ............._..., ,.t...
provision of this article, may continue to be
-.sha..It bea :iut.- ,lnwvd ... _..., u
_ ------.._le
where in this artic )
maintained and used subject to the follow-
maximum of two (2) signs, providing that
Ing provisions:
the conditions of this article arc met, which
(1) Any legally existing sign, under prier
may be either a wall sign or a projecting
r(•gulations that is moved to anoth•!r
sign, or a roof sign, or it pernianently
loratiou, cilhcr on the same or to othe -
ulountvd reader board, or it pole sign, but
prvmi.ces, shall be considered it new
the total number of signs ,hull not inehl(le
sign'
mory than one (1) sign of each of these
12) Any legally existing sign that ii ell.
types,
Larged or recuustrucicd skill be vote
Ilii If the business it located un a corner
sidered to be a new s'Ign. exalt that
I1 l it may have a wall sign or projec•
neither ill-., n;lett-ring, repainting nurtill",
tiny; si);n ml each street side or the building
ordinary inuinwimove of such sign. nor
in addition to one pule sign.
the repair or restoration to u safe con•
M Itusinessux located in buildings or
diduu after being damaged by storm or
other accidental act, as shown and in
,teres having more than one (1) tenant
accordance with the original sign per.
.hall be allowed only on (1) sign which may
alit, shall constitute such a change a.
(., either it wall sign, projecting sign or
to classify the sign as a new one.
)a•rmanontly mounted reader board. If.
hoaevor,
(31 Any legally existing sign which is or
a tenant the ground floor of a
rombinod office building Cutnplies with the
becomes an immediate danger or haz•
provisions of section 5-153 he may be nl•
ur(I to persons or properly because of
L,u'vd a pole sign,
being in an unsafe condition, or which
Id) Permanent
obstructs any- fire escupe, window or
painted signs on w'indow's
door, is sul,jcct to the provisions of this
that comply with the provisions of this
article portaining to the removal of
article are in lieu of u wall sign,
dangerous and hazardous signs.
(v) One (1) nonilluminuted, small scale
(4) Any legally existing sign is subject to
pruNssional or uccuputional sign as provid• .
the pruvisiona of dais article requiring
� s
�
material or galvanized or otherwise
treated to prevent rust. and that
gasoline and oil srr
It vice atatl00x Iii xCCtln❑ fi 149.
must he ke rt in
( good repair and Itty
(9) Sign advertising fill article or pr(,luct
supporting structures kept in nu up.
not manufactured, assembled, pr
8.18 eta FEDERAL SUPPLEMENT
that it be painted ever' two (',l years (f) Portable
signs are prohibited, excet
except Inhere the sign is of nuncorrod• as provided for p
ing
material or galvanized or otherwise
treated to prevent rust. and that
gasoline and oil srr
It vice atatl00x Iii xCCtln❑ fi 149.
must he ke rt in
( good repair and Itty
(9) Sign advertising fill article or pr(,luct
supporting structures kept in nu up.
not manufactured, assembled, pr
right condition. (Ord. No. 72-8, § 1;3,
cessed, repaired or sold upon thr
?,-2-7.2)
premises upon which the sign is to
("I The features noted below shall be Sated.
eliminated from all signs prior to Feb. (hl Sign advertising a service not ren
ruary 1, 1:)73:
delved on the premises upon which u„
WAll flashing lights and flashing dr
xlgn is located,
vices of any nature;
(i) Revolving signs of any type,
(ii) All periodic illuminationof a'1Y
U) Signs in residential districts for ham,
lights in a sign in any timing or
occupation.
se
quence whatsoever;
(k) Signs on parking lot light standards
(iii) All periodic changes in intensity of
(1) Show or display signs placed in
illumination;
or on
automobiles or other vehicles or writ.
(iv) All animation or moving parts of ten on the windows, doors or panel. of
any nature. (Ord. No. 72-8, § 13, 2-2-
automobiles or other vehicles wilt.,
72; Ord. No. 72-64, § 1, 7-19-72)
such vehicles are parked in an area of
Sec. 5 133. Specif c prohibited figns
high public visibility for a period ,•x
;tad
devices
deeding fourteen (14) hours, excret
The following signs and advertising de.
§1114,a2y2-7t2hnOrd, No.O7t8-114,7§
vices are specifically prohibited in the city
1.
9-20-78)
and no other section of this article shall be
interpreted to permit any
Sec, 5-139, Fire escape obstruction.
sign so prohibit-
ed:
No sign shall be erected or
a Billboards.
maintained s
as to prevent free ingress to or ogn•ss
(h) Conflicting signs.from Signs or devices
anyrtshalldowobel
which by color, location or design re•
sign of any kind attachere d to a
stand pipe or fire escape.
semble or conflict with traffic•control
(Ord. No. 72-;.
§ 15, 2-2-72)
.signs or devices.
(c) Exterior use of advertising devices.
Sec. "
x340. Traffic hazards.
such as banners an I i ennants affixed
No sign or other advertising structure
on poles, wires or ropes and stream•
regulated by this article shall be erected at
ers, wind operated devices, flashing
the intersection of any streets in such a
lights, and any other type of flutter•
manner as to obstruct free and clear vision,
ing devices,
or at any location where, by reason of its
(d) -Nlechauical contrivances. No si ❑
g
Position, shape or color, it may interfere
erected in the city shall contain flash•
with, obstruct the view of, or be confused
ors, animators, or meehanfcal move•
muni
with any authorized traffic sign, sign) or
device; or which
or contrivances of any kind, ex•
makes use of the words
"look", "Drive
cepting clocks, time and weather in.
aStop, in", "Danger" or
formation and conventional barber
any word, phrase, symbol or character in
symbols.
such manner as to interfere with, mislead
(e) Paper poste -s ttnd painted signs ape
or confuse traffic. Illuminated signs must
be so shielded or contain lamps
Plied directly to the wall of a building
or
of such
reduced intensity as may be by
pole or other supports. .
prescribed
the building official to assure that they do
NAT, AbYr.ItTISING CO. v. CITY OF Illtlt)GM N 8.19
ells a 630 F.supp• ASr eF p.Mw. /9AS)
wt amstitute a traffic hazard. (Ord. No.
(d) The building official is authorized to
Ili. 2-2-72)go
upon any premises in the city for the
:.1•, fr191. Obsome natter,
purpose of removing signs under the• provi-
It shall tic unlawful for any ln•rson to
Moons of this sectio I. Signs removed by th,-
building official shall be returned for the
4uplay upon any sign or other advertising
owner's account for a period of thirty (301
,trocture any obscene, indecent or immoral
days and shall be returned to the owner
natter. (Ord. No. 72-H, § 17, 2-2
upon payment of Life ex{,enses of the re-
i,-112. Vinlati,�ns, punislunt•nt; re.
moval. If not claimed within that time
molal no defense.
they shall be the property of the city and
(a) Any person who shall violate fifty pro-
may be destroyed or sold for the payment
,:.wna of this article shall be deemed
of expense of removal.
gulity of a misdemeanor, find each day or
{..rt of it day such violation shall continue
(c) The building official shall order the
L:dl constitute a separate offense,
rcnwvai of all unlawful signs as provided
for in section 5-137. (Ord No. 72-8, § 19,
ibl Upon conviction. :I person found vi(i
-12 2)
2-22-7
;,tag any provisions of this article shall bt,Scc..`r191.
unsafe signs.
punished as provided in section 1-8, Bridge -
,,,if Code. The fact that a sign has been
The building official shall order the Ire•
rcmuved shall be nu defense to prosecution
moval of any aign of immediate danger or
hereunder. (Ord. No. 72-8 4 18, 2-2-72)
hazard to persons or property as pruvldrd
S.C. 5-143. Removal of slgus procedure
io the building code. It shall be unlawful
�vnarally.
for :toy person to maintain or to permit to
Unsold signs any be removed as Pro,
remain upon any premises owned, 110-d,lal
occupied or used by him, or it, will. notice
,;aril in the building code.
thereof. any unsafe or insecure sign liable
(11.1 The building official shall order the
to injure any person or property, or to
removal of all unlawful signs as provided
maintain or permit to remain on any such
for in the case of signs erected without a
premises any sign which because of condi-
Ixr mit.
tion or appearance would have a damaging
(c) If any sign is erected without a tier-
effect upon other property in the city.
mit, the building official shall order it re-
(Ord. So. i2-8. § M.2-2-721
m Idd and if the order is not compliedhed with
K cc. -14:. Hoofmf signs.
within seni la the building official
(x) of. roof shall be constructed
,hall have it r roved at the expense of the
otri shale material;
entirely or an into the
lw•rson erecting or maintaining it, and the
uprig•.t
and lit!
uprights, supports and braces shall he con•
1,ersun causing it to be erected. If the
strucu•d entirely of ouch and shall tic
uwner or other person in charge of a sign
t
securely anchored fir nhcrw iso fa,osncd or
fails to pay the annual electrical inspection
supported so that it will not constitute a
fee Provided for in sectionr-130, Lite build.
nae°see to persons or property. All roof
ing official shall notify the owner or Person
signs shall be so constructed ur so erected
charged with the sign that the inspection
has been made and that the ree is due, and
, to stand the wind pressure of not leas
that the sign is to be removed within seven
than thirty WO) pounds por square Pout of
(7) days unless the fee is paid, and I, not so
area subjected to such pressure.
removed the building official shall cause
(b) No roof signs shall exceed, in square
the same to be removed fit the expense of
font size, the linear front footage of the
the owner. Such expense Mull) be n lien
portion of the building the business oceu-
against the property in favor of the city
pies. No roof sign shall project higher
and shall be imposed and collected in the
than four (4) feet above the roof line and
manner provided by ordinance for theimpo•
anchors thereof shaft be kept in good re-
)ition and collection of special tax bills.
pair. The building official shall order the
azo r.SVpp _p
I
850 1626 FEDERAL SUPPLEMENT
removal of any sign that is not maintained (d) No projecting sign shall project near.
in accordance with the provisions of this er to the curb line than two (2) feta,
section. (Ord. So. 72-8, § 21, 2-5-72) (e) No projecting sign shall extend down.
Sec. 5_146. Wall signs. ward nearer than ten (10) feet to it%
(a) So wall sign shall extend above the
roof line nor beyond the building line more
than eighteen (iS) inches, except, hotcuver,
if the sign is illurninated the light reflectors
may projeet six (t) feet, heyond the buil,)-
ing litre, No wall sign shall exceed, in
square foot size, the linear front footage of
the property located thereon, less the total
square footage of any existing; signs locat-
ed on said property. All wall signs shall be
"lade of incombustible materials and safely
and adequately attached to such buildings.
(b) Signs p;,inted on the building surface
ere permitted only by special permit as
provided in section 5-129(a)(18) and must
conform to all provisions of this article.
(Ord. So. 73-8, § 22. 2-2-72)
Sec. 5-147. projecting signs,
(a) A projecting sign relating to services,
articles, rad products within the building to
which the sign is attached and which dues
Uot exceed twenty-five (25) square feet in
arra for cads building or stare fronting a
puhlic street or road shall be allowed.
However, if a building is occupied by only
one tenant and the front wall area adjoin -
ilia a public street exceeds five hundred
(500) square feet. such building may have a
projecting sign with nn area equal to five
per cent (5%) of the urea of the front wall
of the building on which tate sign is to be
installed. The maximum permitted sign
area, under any conditions, or any one
building occupied by one tenant shall not
exceed two hundred fifty t250) square feet.
(b) Buildings located on corner lots may
have one such sign on each street or road.
side of the building, provided the building
wall area adjoining each street is computed
separately for each allowable sign area.
(c) So projecting sign shall extend more
than four (4) feet six (6) inches from the
building includingstru^,tura{ supporting or
extending members attached to the build-
ing.
r
ground or pavement.
(O No projecting sign shall extend above
the roof line. Every projecting sign must
be constructed and braced to withstand s
horizontal wind pressure of not less than
thirty (30) pounds for every square foot of
surface exposed iind shall be securely m.
tachod to the building wall in an approved
manner.
(g) A projecting sign shall be construct•
el of incombustible material. (Ord. No.
72-8, § 23, 2-2-72)
Sec. 5-148, Awning signs. flags and ban.
ners.
So advertising sign, flag or banner shall
be attached to or be suspended from any
awning, except that a sign may be painted
upon the valance of tiny canvas awning or
in a single line of letters not more than six
(6) inches in height, and the wording shall
be confined to the following: the number
of the premises; the name of the building
or institution; and/or the general business
or trade carried on in the building. Such
sign shall not have a total length to exceed
seventy-five per Cent (75x) of the length of
the valance and shall not advertise any
particular article. nor shall any such sign
refer to a price. (Ord. No. 72-8, § 24,
2-2-72)
Sec. 5-149. Filling station signs.
Advertising signs for gasoline and oil
filling stations shall conform to the follow.
ing requirements in lieu of any other re
quirements:
(a) One pole sign not exceeding thirty-six
(36) square feet for each face situated
on private property.
(b) The pole sign must be so located that
no part of the sign may project be-
yond it five (5) foot setback line from
the street or highway right-of-way,
(c) ho pole sign shall extend downward
nearer than ten (10) feat to the
ground or pavement.
NAT. ADVERTISING CO, v, CITY OF BRIDGETON 851
Ca9 s�61b f.SupyU) f6.D.Mn. 19aN
,ill Maximum height of pole sign is twen•
See. 5-151. Industrial park signs.
%V -eight (281 feet.
R'hen the general welfare of the inhab-
(e) A wall sign not exceeding twenty-five
heats of the city will not be adversely
C25) square feet in area and projec-
affected the special permit for a sign in
ting no more than twelve (12) inches
industrial parks may take into considere-
facing the street.
tion the. greater distance from the adjacent
In Buildings on corner lots may have
streets and highways of certain buildings,
such a sign on each street side of the
and the design and review board may grunt
building.
variations as to s:xe, area and location of
(g) One portable sign on private property
the signs in such industrial purks. (Ord.
not exceeding l\yelt'e (I'..) square feet
No. 72-8, § 27, 2-22-72)
on each side. (Ord. No. 72-8, § 25,
Sec. 5-152. Marquees.
Marquees and marquee signs may ex -
$,e. 5-150. Ground signs.
tend to a point two (2) feet back of the curb
(a) No ground sign (as defined in section
line, but no such marquee or sign shall
;x125) shall be at any point over fifteen
extend downward nearer than eleven (11)
feet above the level of the sidewalk at its
115) feet above the ground level and shall
lowest level.
have an open space of one (1) foot between
the lower edge of such sign and the ground
(b) There may be placed thereon an lHu-
Irrcl
minated sign which may extend the entire
tb) Every ground sign shall be stoutly
length and width of the marquee, provided
constructed and unchomd in it secury and
sutell sign does not extend more than nine
(l)) feet above nor one (U foot below such
1u!(stantial m:uutar•
marquee, but under no circumstances shall
(c) The ends of all such signs shall be at
the sign have a vertical width of greutei
hast six (6) Not distant from any wall or
than nine (9) feet.
fence, or tatty obstruction which waUld pre•
(c) No additional sign shall be attache(
cent a clear passage around.
to a marquee. (Ord. No. 72-8, § 28, 'L-$
(d) No ground sign shat) exceed tine hum
72)
dred (100) square feel in area. Not more
than one ground sign shall be erected on
Sec. 5_153• pole signs generally.
Any one lot or tract of land, or one sign for
(a) One (1) pole sign shall be allowed fo
each three hundred (100) feel of frontage
each building or Stora fronting a publi
and (orated at least three hundred (300)
street which is occupied by only one pet
Net apart on such lot or tract of land,
son, or business, providing that not mor
(c) No ground sign when erected on a lot
than one (1) sign shull be allowed on th
poles supporting the sign. Subject, holm
fronting on intersection streets shall be
ever, to the specific provisions of this art
erected within fifty (50) feet of the inter•
ele regarding the total number of sign
section of the 5tre'ets.
allowed for each business as provided fc
l0 Ground signs may be erected or in.
in section 5-13ti.
tiole
stalled using the same setback required for
g)signs shall not exceed in squad
lade signs (sign must be located so that no
feet the linear footage of property locutc
part of the sign projects beyond a five (5)
Gat setback lint from the street or high,
thereon less any existing signs.
way right-of-way) if the ground sign does
(c) >laximum height of pole sign is thiri
not exceed thirty-six (36) square feet.
(30) feet.
(g) Any ground sign in excess of thirty-
(d) The pole sign must be so located th
six (36) square feet must not extend be-
no part of the sign may project beyond
gond the established building line. i0rd.
five (5) foot setback line from the street
No. 724, § 26, 2-3-72)
highway right-of-way.
.ir-r,-M
852 626 FEDERAl, Sum%FmE:NT
(e) No pole sign shall extend downward
nearer than ten (10) feet to the ground or
pavement.
(A A pole sign shall be constructed .of
incombustible material.
(g) Fur buildings or stores fronting a
public street that have more than one ten-
ant, a pole sign shall be allowed not to
floor tenant having a rninimunt of fifty (50)
fee! store frontage, providing that the pole
911;11 complies with the above regulations.
(h) In tilt case of it multiple occupancy
building or project. one (1) (ole sign con•
twining the name or use of the building for
each wall adjacent to a public street, sub-
ject, however, to the specific provisions of
this article regarding the total number of
signs of all types. Tenants of said building
or project shall not be permitted pole signs.
(Ord. So. 72-8, § `10. 2-2-72)
Sec. (5-15.1. Small directional signs.
Small pow signs indicating the directio
to a business (exit and entrance) may b
erected and maintained providing:
(a) The building official shall investigat
and make his finding that the sig
will serve a public purpose and that
public necessity for such directiona
sign exist$;
(bl Shall issue its special permit therefor
and
(c) Such signs shall not exceed eighteen
(18) inches by twenty-four (24) inche
in sire, and shad) be installed undo
the sulwrvision of the building officia
in a manor and at a height so as no
to interfere with the ordinary an(
lawful use of the street. (Ord. No.
TLS, § 30, 2-2-72)
Sec. &-1515. Reader sign...
Permanently mounted reader boards are
permitted with Special permit by the design
and review board, provided they comply
with all provisions of this url(cltb (Ord.
No. 724, § 31, 4-2-,21
Sec. 5-156. Shopping center signs.
When the genural welfare of the inhab•
itants of the city will .not be: arh'ersely
affected the special Itermit for signs ill
shopping centers may take into considvra.
tion the greater distance from the ad)'aevnt
streets and highways of certain building,,
and the design and review board may grant
variations as to size, arta and location of
the signs in such shopping centers. (Ord.
No. 72-8, § 32. 2-2-72)
C.... X_1'1 T......... _..-..
(al Temporary around signs advertising
or announcing the future use of develol,
meat of the prollerty on which such slgn+
Pro located may be maintained subject la
the provisions of this article. provideti such
signs do not exceed one hundred (!1511
square feet in area or remain longer thtut
six (6) months.
lb) "For Rent" and "For Lease" signs (n
commercial or industrial districts fur Ileo
buildings shall not exceed forty-eight (45-)
square feet or remain more than ninety (90)
day's after the building is completed.
(c) "For Rent" and "Fur Lease" signs u.
commercial, local business, or industrial
districts for existing buildings (when thea)
become vacant) shall not exceed twelve (12)
square feet or remain more than liinety (90)
days. but may be renewed upon reque„t-
(d) Temporary ground signs roust be lo-
cuted so that no part of the sign project,
beyond it five (5) foot setback line from the
street or highway right-of-way.
(e) "For Rent". "Fur Sale" or Far
Lease” signs fur new subdivisions ;mil
signs advertising the development of a new
subdivision. shall not exceed forty-eight
(48) square feet or remain more than ninety -
(90) days after the subdivision is completed.
Said signs must be posted on the suhdivi-
RntIm 'epic On °a 'a
certified check in the amount of one bun•
dred dollars ($100.00) shall be deposited
with the city clerk, to be refunded upon
satisfactory compliance with permit rv-
quiremenls. (Ord. No. 72-8, § 33, 2-2-72)
Sec. 5-158. Reflectors and lights.
Goose neck reflectors and .'ights art) per
rnitted on ground signs, and wall signs if
the reflectors are provided with proper
glass lenses concentrating the illumination
NAT. ADVERTISING CO. Y. CITY OF IIRIDGF.TON 853
(al- 426 FSupp. N.ir IF -UAW. 199%)
upon the area of the sign so as to prevent AN VI OF NUCIIA)'1'F' DING ARTICLE 5 OF E
glart upon the street or adjacent properly.
turd. 3 -72) BRIDGETON CODE OF ORDI-
Sec, 5-159-5 108. Reversed. NA\CES TO PROVIDE REVISED
REGULATIONS FOR SIGNS AND
CODE STREET GRAPHICS,
MiT1CUr, 411. .(. :. •:
Sec. 5-1613, Adopted,
The St Iouis County Mechanical Code,
as amtndv(I (section 1101.025 of the cmnriy
Code), adopted May 4, 1974, is hurt -by
adopted as the mechanical code. of the city
ss fully its if set out herein. (Ord. No.
7s-88. § )flip. 7-12-78)
Editor's note—Urd, No. 7h-88, udoptud
)nly 11, 1978, did not specifically amend
this Code; hence inclusion of § 1(6) uS
§ 5-IG9 was at the discretion of the editor.
sec. x,110. Turms of agreement; compur,-
sation; restrictive provisions.
(a) T,,,•nis of agrrcnrrn(, The county
shall provide the city code enforcement ser-
vices as specified in section 5-169. tom•
menciog on May 3, 1975, and continuing
from year to year; however either party
may terminate upon giving ninety -day prior
written notice.
(b) Compensation. The county $hull
collect all feesanti Shull retain two-thirds
of the fees and remit quarterly one-third of
the fees to the city.
(cl Re•stric(ive p,orisions. If the city
has adopted provisions more restrictive
than those contahivfl in the npplicahle coun-
t)' code, the city shall approve all plans
Prior tti submission to the county's dtpnrt-
ment of public works. The city shall ap-
prove all plans for compliance with awning
or other regulatory ordinances prior to sub-
mission to the county's department of pub-
lic works, (Ord. No. 78-49, § 2, 5-3-78)
Editor's note—Ord, No. 78-49, adopted
May 8. 1978• did not specifically amend this
Code; heave inclusion of § 2 as § 5-170
was at the discretion of the editor.
EXHIBIT B
BILI. NO. 3087
As revised 8•-1.'1-84
ORDINANCE NO. 8h54
Its:
WHEREAS changes in recent years have
indicated It need for a complete revi-
sion of the sign regulations adopted in
1x72: and
WHF.ItEAS the Design and Review Board,
after review anti study, has, by letter
dated March 29, 198.1, rtcummended a
Wntplttety new set of sign regulations;
and
WHEREAS tbt (:ity Council finds the
present sign regulations inadequate. to
afford the control or the design and
lll;lrement of signage appropriate to
eurrcnt development.
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF BRIDGL`TON, MISSOURI. AS Fol,
LOWS:
Section I. Article VI of Chapter 5 of the
Bridgeton Code of Ordinances is re-
pealed in its entirety and a new Article
V1 of Chapter 5 enacted to read as
fullow,:
PROPOSED SH;N REGULATIONS—
JANUARY 1, 1:181
Srtunn :. t.:. ..
... �I.rtw::rr.l ..r pur',+rnt•
trhnam-
ltams of hdurmeti"n
rawa e5- nr,ign
Sccla,n
.leflion:r
ro'..1N bon and
:laina•nanev
Stvl.n 5,-1'31 .-......
.titn at fraphias Gxemrn
<trort Gmphirs
rci n r.-192 ....
.. Pruhd"tad
scattan 5-199.
......-Sl•arial Gr ph_
` 3eni..n :• 18.1 ...
.. .I'annits and F1•as
S,m (',mf. r 6"n 5tnat
3..'tu.n Z.-1:ei ..
.... (raphes -i I ie-
I'r,.grams roe Gr.phie>
t
4.
854 6:-6 FR DEItAL SUPPLEMENT
act
5,•ctim, (..bats .... ... . Cari;uu•e,.
- ruw•erx of atc,nl of
Satnm .'r 1:111 .........- :4ljuamrnt
Seaton •'.d al.... , ...... R. mord of Siena
ARTICLE VI STREl'T GRAPHICS
SECTION i>-I2;'—STATE.%IF:NT OF 1111H.
Pt CSF.
The purpose of these regulations is to cre•
at•• the legal framework for a comprehen•
situ but bai:utced system of street graph•
ics, and thereby to facilitate an easy and
pleasant communication between people
and their encirunntcnt. With this purpose
in mind. it is rho tnr.nv; „t nr r6,...... .J.t.
tions to authorize the use of street graph-
ics which are:
a) Compatible with their surrounding;;
h) Appropriate to the type of urtitity to
which they pertain;
0 Expressive of the identity of individu-
al proprietors or of the community as
a whole: and
d) Legible in the circumstances in which
they are seen.
SECTIOS 5-126—DEFINITIONS
Unless the content otherwise requires. the
following definitions shall be used in the
interpretation and construction of this arti.
cle.
ACHVITI•: An economic unit designate,l
in the claysifivmion system given in the
19'2 Standard Industrial Classification
ll:mu:tl published by the U.S. Department
Commerce. morce. Office of Federal Statistical
Policy and nd Stam •lar ds
DISTRICT: Any section of the City of
Bridgeton designated by the Zoning Ordi-
nance as a residential. business, manufac-
turing or special dlsIf(Qt,
FACE: Any suriace against or through
which a street graphic is displayed or illus.
Crated.
GROUND SIGN: A ,treet graphic sup•
purled by one or more uprights, posts ar
bases placed upon or affixed in the ground
and not attached W arty part of a huildiog
anti that docs not exceed :the maximum
height designuted for a ground sign in Sec-
tion 11-128.
ILLUMINATED SIGN: A street graphiv
which has characters, letters, figures, do
signs or the outline illuminated by electric
lights or luminous tubes.
MARQUEE SIGN: A street graphic af•
fixed to a permanent canopy over the cm
trance to n building.
PCLE SIGN: A street graphic supl,orted
by one or more poles placed in the ground
art,] not attached to any part of a building
and that exceeds the maximum height des•
ignuled for a ground sign in Section t .12S.
PROJEC'NNG SIGN: A street graphic at.
tached to and projectin; from a building
and not in the same plane as the wall.
READER BOARD: Any street gntphir
that has changeable or removable lettering
and which is permanently mounted as it
wall. pole, or ground sign.
ROOF SIGN: A street graphic painted,
erected. constructed. or maintained upon
the roof of a building.
SIGN AREA: Total area of the space used
to display it street graphic not including
supporting poles and structure. For a sign
with two faces that are parallel and sup
ported by the same poles or structure, ill,-
area
hearea of the sign equals one-half the total
area of the two faces. For a sign with two
or more faces supported by the same pules
or structure but not parallel, the area of
the sign equals the total arta of all faces.
STREET GRAPHIC Any character or let-
ter and/or figure, symbol. design, work.
model or device, and uttendent background
field, used to attract attention and/or con-
vey a message and which is visible to any
area outside of a building. The term in:
eludes banners, pemtants, streamers, mov-
ing
oving mechanisms and lights.
WALL SIGN: A street graphic painted on
or attached to a wall of a building and in
the same plane as such wall.
WINDOW SIGN: A street graphic applied.
painted or affixed to or in the window of It
building.
NAT, ADVERTISING Co, V. CITY OF BItIDGF,TON 835
- Cn•u►5115.3uM 1151 nJr.adu. tt1141
ZUNINt ORDINANCE: The zoning ordi- 805 (Nursing and Professional Care Facili•
sante of the city of Bridgeton, Missouri.
ties):
sonda)rd Schools);)8221(Colirges, L•niaer
SECTION 5-127—ITEMS OF INF'OHMA•
sinus, Professional Junior
chools and Intl
ri ol:
TION ALLOWED
leges); a
842 (Arboreta, Botanical Gardens and Zo-
111 On the property which it occupies,
is entitled to disp111, on each
logical Gardens): 866 (Religious Organiza-
rarh activity
ttreet and parking lot on which it fronts,
tons)-L.ocule location front•
arret graphic., containing a total of items
to the ut:lxitmtrn desig.
l,) "A" refers to a
ini; on and facing a parking lot, and :10 feet
of information It,,
in Section fr-l28. llowever if the
or more feet from the street right-of-way
noted
name of the activity contains mere than the
and not Visible from Interstate or 7o and
maximum number of items or information
n0•
1,'rmitted, such name may be displayed
Locale "R" refers to It location fronting
unre on each frontage provided nu other
on and within 3o feet of the right -of -Way of
graphic for that activity is displayed on the
any street not included in L,made "D" or
building or premises.
.,C"•
b) An "item of information" means any
A the following! a syllable of a word; ata
ubbnrvintiolr n number; it symbol' a gen•
metric shape.- In addition, street graphics
combining several different geometric or
numgeora,ric shapes of unusual configura-
tion are to be assessed one additional item
for each nun-eontinuous plane.
ct In computing ratans of information,
lrttvriug less than three inches in height as
size
well ns street ad a ess numbers of any size
are not included t contained 111 u window
eiga or it wall sign.
SECTION 5-1'28--TARI.F; OF DESIGN
F:LF.M ENTS
The accumpany'Ing Table of Design Ele-
went; sliult apply to all street graphics and
Signs governed by these regulations. For
purimses of applying such Table the follow-
ing criteria shall be used:
, it, this
vuu!
` N'Ial
• provided • : htr
"tt as ft 1
ext.
111 !
1
•
>ubsedion, commercial activities are those
first permitted by the ?,oning Ordinance in
a Business District. and industrial activities
..., 1... rat,. •/nn:nn
are utose first, pc onn -j •••^• 1-
Ordinance in a',tanufacturing District. in-
,litulional activities include those in Stan•
darl Industrial Classification Categories
Locale "C' refers to a location fronting
nu soul facing and within Ao feet of the
ri{;hl-of•way of St. Charles Ruck Road,
,Natural Bridge (toad and Lindbergh Houbr
Yard.
iardc "D" riders to a locution fronting
on and facing Interstate 70 and 270.
c) Height of a ground, pole, or projelaing
sign is measured from the ground level at
or below the sign. Height of a roof sign is
measured from the tell of the walls where
the roof begins.
d) Size of a wall sign is expressed as a
percentage of the signable area. S4'rUble
area is the area of a wall of the building
exclusive of doors, windows and major or-
chi,ectural dcutils. Wall signs placed in
the space between windows clay not exceed
in height mare than two-thirds the distant
i
hulwem, the lop of a window and
tile of
t
the wiod
ow above.
Wall , 6
may
no,
extend above the second story of building:
}:acing three or more stories; provided Iha
tit local "D" there may be not more that
one wall sign at the top of the wat
e) Window signs may F.e locatt-d on)y i
ground floor windows
856
626 FEDERAL SILIPPLEMENT
CO. v. CITY OF BRIDGETON
NAT. AVVJ'.ItTISING 857
T
t
()F DISPLAY
g) -All street graphics may be illuminated
? 1,
and/or non -illuminated except as prohibited
& .4�
E c !2 t: n :2 :2 2
gotwithstAnclins! anything else contained in
n
this Article VI, the following restrictions
by this Article VI.
govern all street graphics:
SECTION �-130—CONSTRUCT(ON AND
V
Chap
MAINTENANCE
:%I Provided that the items of information
a) All street graphics, signs and support-
L R A A a
ilowence authorized by Section 5-128 is
dis-
ing structures shall comply with applicable
6
root Vxcoctled, street graphics may be
requirements of the building, electrical and
- i3
1:
p1;kycd its ground signs. pole signs. wall
fire prevention codes of the City. including
igrs, window signs, projecting signs, roof
the requirements of Sections '�20 and 5 -
:gni or special graphics except as prohibit-
85,
by Sections .5-128 and 5-129.
W A single activity Lhat is the sole occu-
1b) Street graphics. signs and supporting
structures must be maintained in good re.
Of the premises may have up to two
pair and appearance. The City Engineer or
j.11L
!iat
his designated represen
representative shall order
ZZZ Z15
,trevt graphics. provided such activity
g
W .2
fronting on two or more streets and park-
the removal of any street graphic, sign or
J i
Z
-222
ung lots or pedestrian malls or walks may
structure not so maintained.
Z
11;Ive up to four street graphics, at) more
front
0 No street graphic or sign shall be
than two of7which rally face the same
Age.
erected or maintained so as to prevent free
ingress to or egress from any door. window
No
Z
cl. For a building uccupied by more than
or fire escape. street graphic of any
Z
Z
P
activity and for groups of buildings for
kind shall be attached to a stand pipe or
�hich off-stmvt parking facilities are pro-
fire escape.
It. V
k.1,41 in common for all occupants, there
d) No street graphic or sign shall be
;h:ill, not be more than one pole or ground
erected at the intersection of any streets in
W
R
Agn facing each street upon which the
such a manner us to obstruct free and clear
location by
In
building or group of buildings fronts, and
vision; or at any where, reason
of ts position, shape or color, it may inter -
X W
Z
not more than one wall or projecting sign
R I Z
for each activity. The maximum size re -
fere with, obstruct the view of, or be con.
;V, IT Z
,victions for such pole and ground signs
fused with any authorized traffic sign. sig-
W
SR
may be increased by up to 60 percent if
nal or device; or which makes the use of
the wants "Stop", "look", "Drive-in",
.21
three or more attivitivs share the sign.
"Danger" or ally word, phrase, symbol or
]I it shall be unlawful fur 3n)' person if)
character in such manner ;is to interfere
di,play upon any street graphic or support-
with, mislead or confuse traffic. Illuminat-
A R -n g
ing structure any obscene, indUCQ11t or iln-
ed signs must be so shielded or contain
jj(
V. ii
moral matter.
lamps of such reduced intensity alt may be
+ < i =
-5
re 2 -.
V. A 'S E, Z F Lt i� zP88 FX3 ?*S
e) A ground or pole sign which is over
prescribed by the City Engineer or his des.
ignated representative to assure that they
P
its square , feet in area may be displaved
and
Mily On it frontage of 70 feet or more U
do not constitute a traffic hazard.
Z a
- 4F
4
may not be closer than 70 feet to any other
v) No part of any street graphic or sign
be
U
ground or pole sign which is over six
shall located closer than five feet to 3,
square feet in size.
str ect right-of-way.
go
1) Projecting signs may project no more
SECTION 5-131—STREET GRAPHICS
EXEM7
P, Z
than four feet six inches from the building
;old are not permitted at the intersection of
The following street graphics are exempt
building corners except at right angles to a
from the provisions of these regulations:
building wall. No projecting sign may be
a) Temporary real estate signs not over
closer than, 30 feet to any other projecting
12 square feet in area in Residential Dis-
ign.
tricts or 48 square feet in area in Business
I
858 1626 FEDERAL SUPPLEMENT
and Manufacturing Districts which adver.
tise the We, rental or lease of only the
premises upon which the sign is located
and which are of professional quality in
appearance; provided that not more than
two such signs are permitted on a single
premises.
b) Reader Hoards not over IS square
feet in area which are located on the preen•
ises of a public• charitable or religious insti-
tution and which are pernumently mounwd.
c) Temporary signs not over 48 square
feet in area denoting Lilo architect, engi-
neer, project name, source of financing,
and/or contractor when placed upon work
under construction urovided that not more
than two such signs are permitted on d
s.ngle premise.
d) Municipal signs, legal notices. traffif
control devices. and such temporary of
emergency non-adveripsing directional
signs as may be approved by the City F.ngi:
neer or his designated representative•
e) political signs nut over N square feei
in area that are placed in a Residential
District only amt that arc removed withid
10working days after the date of the elcc:
lion to which they pertain. The City Engi=
neer or his designated representative is
authorized to remove ;end destroy without
notice a I' ;
ict, ) u n.eut signs placed on any pallia
right-of•wa)• or utility ur drainage ease:
ment.
R Signs not over 3 square feet in ared
located on residentialral propertyand d sl
6:
nating only the name of the occupant
and n
r
the addressof the premises > who
rd
r e rd
displayed.
g) Garage sale signs not over 6 square
feet in total area provided they are dis•
played for a period not exceeding 'l days
and further provided they are displayed
only on the premises where the sale they
refer to is being held.
h) The official flag of the United Slates
of America. the State of Missouri, the
County oiSt. Louis and the City of Bridge"
ton when displayed on a pole not exceeding
30 feet in height. The official flag of any
other nation or state or of a church, when
displayed on n pole not exceeding ;30 feet in
height, provided that Such flags are dis-
played on not more than one pale.
1) Temporary window signs not exceed
ing in size 15 percent of the window area
and displayed for a period not exceeding 13
days.
J) Temporary graphics as may be autho
rized under Section 5.11 of the Zoning Ordi
nance.
SECTION 6x13.3—STREET GRAPHIl1
PROHIMUD
Except as provided in Sections fi-131(j), ;,•
13:3 and 5-135 the following street graphics
are specifically prohibited:
a) Graphics advertising a service net pro•
vided or an article or product not manufac-
tured, assembled. procrrsed. prepared ur
sold upon the premises upon which the
graphic is located.
b) Graphics which by color, location
and/or design resemble or conflict with
truffic•control signs or signals.
c) Devices such as flags, bamers,
streamers and/or pennants affixed em
poles, wires, or ropes, except as provided in
Section 5-131(h): flashing lights, fluttering
or wind operated devices, and flashers. aal.
mators or mechanical movement or contri•
vances of any hind.
d) Paper posters and painted signs ap•
plied directly to the wall of a building or a
pole or other support.
e) streetri) ra hies of any type
9 P .I
0 Revolving street graphics of an) tYIN.
g) Street graphics in residential districts
relating to home occupations.
h) Street graphics attached to parking
lot light standards.
i) Open flames and torches.
SECTIO\ 5-133—SPECIAL GRAP11110J
a) I n Business and Manufacturing Di, -
trick marquee signs are permitted for all
activities. Marquee signs may extend not
more than six feet above nor more than one
foot below the canope; provided that such
sign shall be at least eight feet above lite
level of the ground beneath it. Marquee
NAT. ADVVItTISINC CO3 v. CITY OF IIIUDGETON 859
Cllr w 626 F.Supp• 937 lF.n .Nu, I466)
„gns shall not exceed the allowable sire of
d) All signs ane hundred (Ulu) square
a pale sign at the same location.
frat or larger in size—$100.00. I
III Tinle;md-temperature devices, as well The permit fees herein provided for shall
as electronic and non -electronic reader cover the inspection of the location of the
Guards, for all activities are permitted in all proposed sign and the inspections during
Business and Munuficturing Districts.
and after construction.
They may be displayed Its a pole, ground or
SECTION 5-13:r NON-CONFOR\LING
Projecting sign, um1 are subject to the erg•
S7'RE:E"I' GRAPHICS A\D SIGNS
ulatiuns upphcnblu to such signs at the
No device stay be
a) Any street graphic and/or sign i aw-
ante Vocation. such
than :300 fent to an) other such
fully erected :mil in existence at the etfec-
closer
live date of this Article VI of Chapter 5 of
dmieu•
the City Code of Ordinances or any amend -
c) Signs not exceeding six square feet in
merit thereto that does not conform to the
arca that provide direction only to pedestri•
regulations pertaining to street graphics
an or motor vehicular traffic entering, leav-
and signs contained in said article, may be
ag or on the premises where such signs
are located are permitted in all Districts.
continued, except its otherwise provided
herein. provided it shall be kept in good
d) Signs not exceeding 30 Square feel in
n•pair and maintenance including repaint'
area providing information to the user of a
ing or refacing with the identical street
ddve•up window on the premises are Per-
graphic.
mated in all Business and 1LutufaCtUring
1,) Whenever any non•confurming sign is
Districts,
damaged or destroyed by any means to the
el I.imitatmus with respect to items Of
extent of sixty (t:dl percent or more of its
mformalion displayed apply to all special
n•plarement value at that time, the sign
graphics except the numerals indicating the
may be rebuilt or rvplan•d and used Ihcrc-
unie and/or temperature, letters on reader
in
after only in conformance with the regula-
to street graphics and
boards which are less than five inches
tions pertuining
height, and graphics as permitted under
signs,
subsections (d and td) above.
c) Whenever any non -conforming sign
s1:(TI0N 5-13.1-11EIOIIJ'S AND FEES
ceases to be used or dues not contain a
No pwnniti or fees are required for signs
street graphic appheable to an activity on
listed in Section 5-131. Permits shall be
the premises for a period of six months or
secured for all other permitted signs prior
lunger, the sign Inay be, used thereafter
to their erection, alteration or refacing.,only
ii it is brought into conformity with
•
Prior to tile a sign, issuance o(a permit for .
1pc, pruv ivinns of the regulations pertaining
the design of the street graphic shall be
)o street graphics and signs.
reviewed and approved by the Design and
d) 11'hcnvrcr the non conforming 6'trecC
Iteviuw Board for aesthetic compatibilt,,
graphic on a sign is to be changed in any
With the surroumling area, and a fee shall
res{eeL to a new or different street graph;
be paid to the City in aecordaree with the
ic, Whether perluinimg Lu the same or it
following schedule.
different activity. the new or different
a) Signs less than twenty-five (25)
street graphic shall conform to tire regula•
Square feel in sire—$15,01)
tions on items of information allowed cun-
b) Signs at least twenty-five ('Lu) square
twined in Sections 5-127 and fr126.
feet but less than fifty (50) square
e) p non -conforming street graphic
feet in size-3"-'5.00•e)
sign may be relocated on the sarnc
0 Signs at least fifty (50) square feel
or different premises and/or enlarged only
but less than one hundred 000) squirt
if both the street graphic and the sign ar�g
feet in size -WAX).
brought into conformity with the provisions
860 626 FEDER1
of the regulations pertaining to stret
graphics and signs.
SECTION :176—PROGRAMS FO
GRAPHICS AND SIGNS
a) The owner or developer of a tract c
land, comprising an area of not less Lha
one acre and which is proposed as the sit
for a single integrated development cot
sisting of one lir more buildings fund assoc
aced off�street parking and loading area:
may propose to the Design and Revie`
Board an overall program of graphics an
signs for such development. The progru
of graphics anti Signs shall include neve:
nary special graphics and Shall provid
sty'ies, sires, locations and colors appropr
ate to the function and architectural cha
atter of the proposed development an
compatible with existing development o
adjacent property. The program shall cot
form to all requinmvnts of this Article b
except Oros;- regarding the size, location
type and number of signs which may b
varied by the Board if it finds the overa
program to be in harmony with the inter
r
and purpose of the sign regulations.
b) Upon approval of an overall prograi
of graphics and signs by the Design an
[review Board, no permit shall be issued fr
a sign and/lir graphic on the premises con
eyed Uy the program which docs not cot
form with the approved program. Applic;
tions for such (urmhs shat) he processed i
the same manner as any o0wr apilbeatio
for n sign permit and shah be subject to d:
same schedule of permit fees.
c
If Owner ordurelc Lr of ttiL tru
of land fails or is unable to carry out th
plan for development of tine site in a timel
manner, the Design and Review Board ma
rescind its approval of the overall prograt
for graphics and signs: Such recision sha
..et•�, canny for the
Owner or developer to appear before Otte
Board to state his views on the contem-
plated action.
SECTION 5-137—VARiANCES
a) Any person desiring a variation in the
regulations pertaining to street graphics
and signs. or who is aggrieved by any
decision made by the City Engineer lir his
designated representative in administering
such regulations, may appeal to the City
Council. Such appeal shall be taken within
thirty (30), days of the date of denial of a
permit for a sign, by filing with the City
Engineer a notice of appeal specifying the
grounds thereof, The City tt gineer shall
forthwith transmit to the Coy Council all
the papers constituting the record upon
which the action appealed from is taken.
Six (6) affirmative votes of the City Council
shall be required to grant a variance from
or reverse it derision made by the City
Engineer or his representative in admints•
tering the regulations pertaining to street
graphics and signs.
b) To vary the regulations the City Colin•
cil shall make a finding of fact based upon
the evidence presented to it in each specific
case, showing that all of the following con.
ditions exist:
!)'(hat the conditions upon which the
requested variation is based will re.
suit int a particular hardship upon the
appellant, as distinguished from a
mere inconvenience, if the strict letter
Of tine regulations were carried out.
2) That the conditions upon which the
requested variation is based are nor
generally applicable to other property
or similar activities in the City,
3) That the alleged difficulty or hardship
has nut been created by any person
acquiring
1
or holding an interest
the
P m
property since June 6, 1984,
a) That the granting of the variation will
not endanger the public saftty, or be
detrimental to the public welfare or
substantially injurious to otter prop-
erty or activities in the neighborhood
in which the property is located.
The City Council may impose such condi-
tions and restrictions upon the premises
benefitted by a variation as may be neces-
sary to prevent injurious effects therefrom
upon other property or activities in the
neighborhood and to better carry out the
general intent of the regulations.
\ NT• :LDVERTISING CO. v. "TY Ut' 111tIUCta'Q\ 861
Ca<.. 624 F.`:upN, a17 tr u.M'l' %IWSI
,K(TION 5 178-12L':110VA1. 01' SIGNS pvsignat d ru pant alatIv110Y buw�cver, Like paal rule,, r'
a) The City Engineer or any tnentber of t . Shall have Lite right to present evidence.
his department designated Uy hint is autho confront and cruss•ex:unine w'itnesse and
rind to rennuve lir hit", any ill,, receive a written decision based upon Lite
lawful sign, or any sign erected without a (;rets adduced at the hearing• %ti limiterpermit, provided notice and opportunity' to , slay re,lw St a hanring either orally or in
heard are given to lira owner lir person writing ;m I the hearing. escept upon tiee
m charge of a sign as hereinafter set flirt). Owner's request with the consent of the
hl Notice and opportunity to be he:u•d city, sl�a,l be heicl within tnventy-four hours
,
, to tide Owner ur parson in of the hearing r,tio—t, bot if sue.)
hall he given )carutg
is nut requested wit)in seven nes
busis days
-kill b m( such sighs as follows:
11 \uLice and opportunity to be if, uf,ar4it'``ot�ided! thijing or usign urnySnhuttn,tinoc� 1.
,hall be given to the owner or person in ah v
charge of it sign prior to Lite rcrnnv:el of •1) TI,t. ('.icy' 1•:ngiucer lir his .lesigu;ttvd
ny such sign except in a x,tontion deter• rcpreS0't:l1ive• Shall, two
wn)in husir.ess
ed b tine City Engineer or his designut- •lays of c•onclucling a he:ering under this
am Y Stara in t,rtti:lg his decision as to
rd representalive to he an
"Emergency Sit• section.
natio»'. In :ill Emergency Situations, no- whether such sig:: is unlawful or ereeLl!d
Lice and opportunity to he heard shall be w'ithnut a permit, along with his reasons
given to the owner or person in charge of a (or so finding. Tile written deaisimn, along
sign as soon a.' possihie after the sign has with the «assns for such decision, will he
been removed. As used herein Emergency mailed or posted in the manner set forth
situations shalt includ those situations herein for providing notice of hearing,
where signs are erected in areas lir are Such written decision ,hall constitute :1 full
maintained in a condition which pose a real ,tad final determinaua❑ of the matters in
and imminent clanger or hili:ird to the safe• dispute.
y of others or which are :t menace Lo c) The city t:ngincer or his designated
Irafiic. r,•prescnlativt• is nothorized to go upon any.
Z! Tile notice required hereunder shall be premises in the City for the purpuse of
in writing and shall be mailed to the owner removing signs under the provisions of this
or on in eh;lige of the sign as reflected ,cion:
in the official records. If ativance notice 1) for which it Ila, ht:e•n dau.rruincd that
end opportunity to be heard arc required an t:nu•rgvney Situation esi'tsa
hereunder, notice 111:,11 Le meddled at least YS for which no bearing has J_, -n re.
.even business days in advance of :,it), n•' t{ucated witidn seven hu,iness di'..;'i of
the mailing onotice:
ennead. In the event the n;une and adih•ess lir pasting f or
of lite registered owner or person in charge fur which a haat has
l ur
all w.t
i i..
notice i
tr
nut la i
ed.r p•si n
,n �
-cels a :, tile h
•ht
of a sign cannot be ;n� {sten made t
L"
posted in a conspicuous place where the tuts been crecrcd without a permit.
aign is erected. The notice shall specify
the description of the sign, the place from d) The owner or person in charge of any
over same ull
which it was or will be removed, Lite reason
Cr rSigtnishingtevidence of himay s identity and own -
for the removal, the amount of any attu, I •.r n,,..h,n. signing a release and
the owners right to It hearing concern Ing payment payment til costs, ex t nsit+r'at �l ce asuch
the removal, the manner in which a hearing involved in removal b true
nnly he obtained or a bond posted, the right sign, or posting bond therefor pealing
to bring a representative to the hewing, outcome oC :my hearing rrqucstud.
and the date after which the sign will be eq ;\ny sign not claimed within thirty GSOS
sold. days after renis , .may be destroyed or
3) The hearing p.ovided hereunder shall sold in :uq' cunnnt•tvi;dpy n`asumable roam
U,! held before the City Engineer lir tris ner, and the procccds of t},e saie applied
St .9 9•I9 Wr IWIr .11 CIlllur L+itt•vr
toward the charges for removal and stor-
age, and the bada rice of the proceeds. if uny
shall be paid to the City's general funds.
Section 2 This ordinance shall be in full
force and effect from and after its
passage and approval.
PASSED THIS 15th DAY OF Inst,
1954.
APPROVED THIS !riot DAY OF AilKu t.
IUSd.
F.%V. Bill Abram
` W. (Rill) Abram, Mayor
ATTEST;
/at More P.Oellermann
Mary E. Oellennann, City Clerk
JUDGM EST
Findings of fact and conclusions of law,
dated this day, are hereby incorporated into
and made a part of this judgment.
IT IS HEREBY ORDERED, AD.
JUDGED, AND DECREED that judgment
be and the same is entered in favor of
defendant City of Bridgeton.
IT IS HEREBY FURTHER ORDERED,
ADJUDGED, AND DECREED that, under
the circumstances, plaintiff's requests fop
an award of attorney's fees pursuant to 42
U.S.C. § 1988 and for Bearing thereon be
and the same are denied.
Clarence J. DAU and Geraldine A. Dau,
Husband and Wife. Plaintiffs.
V.
STORM LAKE. PRODUCTION CREDIT
ASSOCIATION and Kenneth
Stephens. Defendants,
No. C 81-1140,
United Statex District Court,
N.D. low, W.D.
Dec. 30, 1985,
Agricultural loon borrowers filed com-
plaint against production credit association
purporting to assert violations of federal
and state statutes, Federal and State Con,
stitutions, and state common lacy right,
arising out of certain loan transaction,
which occurred in 1987. On production
credit association's motion to dismiss a,
well its on borrowers' notice of rescission
default. the District Court, Donald l:
O'Brien, Chief Judge, held that: (1) ngn.
eulturul loons were exempt from require•
ments of truth in lending statute; (2) pro
duction credit association was a "creditor,"
rather than a "debt collector," under the
Debt Collection Practices Act, and thu,
could not be liable to borrowers for all egvd
violations of Act; (3) borrowers' complaint
against production credit association failed
to state a valid claim for violations of red.
eral securities laws in view of fact that
complaint concerned neither sccuritics nor
investment companies; and (4) stock of pro
duction credit association, as stock of an
instrumentality of the United States, was
exempt from Iowa Blue Sky !vitt•.
Order accordingly.
I. Consumer Credit 3=73
requirements of truth in lending statute [1,',
U.S.C.A. § 1603(llj. Truth in lending Act.
§§ 102 et seq., 104(1), 15 U.S.C.A. §§ 1601
pt spa.. 1r,03M
2 Consumer Protection 3>10
Production credit association was it
"creditor," rather than a "debt collector."
under the Debt Collection Practices Act [15
U.S.C.A, § 1692 et scq.], and thus could not
be liable to borrowers for alleged violations
of Act. Consumer Credit Protection Act,
§ 802 et seq., as amended. 15 U.S.C.A.
§ 1692 et seq.
Sea publication Words and Phrases
for other judicial constructions and
deriuit ions,
7• Securities Regulation P136, 219
Agricultural loan borrowers' complaint
against production credit association failed
DAU V. 5TORN% LAKE Ir1tODUMION CREDIT ASSN 863
cite u 636 Fs -pp. 66204.0.1- 16631
ich
W stale a valid claim for violations Of fad- transw,cpartntiv,r+pla ls nttiffs claim+that thisd in Court
oral securities laws in view• of fact that yi
complaint concerned neither securities nor hats jurisdieuun over this cases the basis
investment companies. Securities Act of or but), federal question jurisdiction and
utictiol
1 el sptlan5lJ §tJ14, c§ Islet fan lung. la"tion ris tdismti�s d this taCourt has
"eurities Exchange Act ,)f
. reviewed documents Is•the the motion
15 U,S.C.A. § 78a et scq
and beef in support 4the motion to +hs•
1. Securitips It,,gulation 3-:56 miss. As a result, this Court treats such
Suck of production envlitsxlinciation' oration os a motion for +lunniary judgmonl,
,. stock of an instrumenudity of the knit• , 121h). In its discussion of de•
rd Suttvs, was exempt from luwa lilac 5kp rcndunts' motion for summary judgment,
p,aw [l.C.A- § 502-2011- the Court will address each of plaintiffs'
S. Consumer Protection c-8 claims separately.
Agricultural loan burrowers had no
claim against production credit association 1. 15 U.S.C. § 16.01, cI srq.
under Itool F,suate Settlement Procedure 1 In Counts 1, 11,111, IV, VI and VIII,
Act 112 U.S.C.A. § 2601 et seq.j in absence I l ort to Idle ag' claims arising
Of any allcgaLion that any of loan proceeds plaintiffs purport
were used to finance purchase or transfer out of the federal Truth in lending Act.
Of legal title of real property, and in view' 1.5 U.S.C. § 1601, rt scq. Credit transac•
of regulation exonapting transaction that tiers involving extensions of credit primari-
was subject of latcsuil based upon `L acre Iy for business, commercial or agricultural
maximum limitation. Re:d Estate Settle' purposas arra expressly csempt from the
went Procedures Act of 1974, § 'l et seq., requirements of suhchapter 1 of the Truth
in Lending Act. 15 U.S.C:. § ilio7(i). Alfri•
I: U.S.C.A; § 2601 et seq. cultural purposes are defined broadly to
Include the production, harvest, exhibition,
Clarence J. Dau and Geruldine A. Dau, marketing, transportation, proces,ing• or
manufacture of agricultural products. in -
pro se.
,.....:.1 t e,,,..,, Cherokee. Iowa, Williato eludes the :requisition of farm land. roes
It. King, Steven L. Kelson, Des >louu•s, property trom a farm msh;coe, dila
i;-
laws, for defendants. conal property used prinittrih nin farming.
15 U.S.C. § 1602(s): sce alsu 12 C.F.R.
OICUI:F{ §'CL(',.2(e) (198U, in reviewing plaintiffs'
DONALD F. O'BRIEN, Chief Ju(ige. compiaint and the (],)contents attached, the
Cour. finds that the loans in question were
The Court has before it defendants' 'no' Atural purposes, As a result, the
ti,m to dismiss its w'etl as plaintiffs' noticeC• •rc .'ants that plaintiffs have not stated a
of rescission default. A hearing was held claim under the Truth in Lending Act. Ser
on this matter in Sioux City, Iowa, at which K10 Bunch, 111x. r. Norivest Bank of
plaintiffs appeared pro se and defendants Block Hills 7.18 F.2d 1246, 1218-49 (Sth
were represented by counsel. After carr (•ir.19S1).
full)- considering the briefs and oral nrgw
mrnts of the parties, the Court grants de,
fendants' motion to dismiss :old vacates 11. 15 li.S.C. § 1C�"_, cl .ct•y.
plaintiffs' notice of rescission default. 121 In Counts l and V1 of plaintiffs'
plaintiffs complaint contains eight complaint, it is alleged that defendants via
counts, which purport to assert violations luted the federal Debt Collection Practice::
or telco(] and state stalutus; federal and Act. 15 U.S.C. § Iti92. rt seq. Under the
state constitutions, and sate common law' Debl Collection PraelleYti stet, a (]ebl ntlh'e•
righ4s arising out of certain secured loan to
is Setincd as -ally person who uses any