Recommendation of Planning Commission
ORDINANCE NO. 2016- 4140
BILL NO. 4203
AN ORDINANCE AMENDING SECTION 25- 15, SIGN REGULATIONS, OF THE MARYLAND
HEIGHTS MUNICIPAL CODE REGARDING ELECTRONIC MESSAGE CENTERS
Petition of City of Maryland Heights)
WHEREAS, the City of Maryland Heights is authorized to enact zoning regulations to promote
the public health, safety and general welfare of the citizens of the City as provided under Chapter 89 of
the Missouri Revised Statutes; and
WHEREAS, Section 25- 15, Sign Regulations, of the City of Maryland Heights Municipal Code
regulates signs, including electronic message centers; and
WHEREAS, electronic message centers are now a prevalent form of communication; and
WHEREAS, it is necessary to establish specific regulations for electronic message centers to
limit and mitigate potential adverse impacts on adjoining properties and public rights-of-way; and
WHEREAS, the proposed amendments to the Code are consistent with the goals and objectives
of the Comprehensive Plan as they develop a strong sign ordinance, develop architectural and site
development
standards,
implement appropriate measures/ standards to minimize adverse impacts of
commercial and industrial uses on surrounding properties, and advance the purposes of zoning; and
WHEREAS, a Public Hearing was held before the Planning Commission regarding the proposed
amendments to the Code; and
WHEREAS, the Planning Commission has recommended approval of the proposed amendments
to the Code; and
WHEREAS, the City Council has reviewed the recommendation of the Planning Commission
and has determined that the proposed amendments to the Code are appropriate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS:
Section
1:
Appendix A, Rules and Definitions of Chapter 25, Zoning, of the Maryland Heights
Municipal Code is hereby amended to incorporate the following definition into Section A.3, Definitions
Relatingto
o Signs:
A fixed display screen composed of electrically illuminated segments that
can be electronically controlled to alter alphabetic, pictographic, or symbolic informational content.
Electronic
Section 2:
message center:
Section 25- 15. 5. B. 1, Required, of the Maryland Heights Municipal Code is hereby amended
as follows:
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Ordinance No. 2016- 4140
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Required. A sign package is required for review by the Planning Commission for the following
1.
signs:
a.
Attached tenant identification
signs on multiple- story buildings containing multiple
businesses or tenants on or above the floor plate of the second floor as per Section 2515. 11. C. 3.
b.
An additional freestanding identification sign which faces a limited access highway in
accordance with Section 25- 15. 11. 17, Additional Freestanding Sign Facing} a Limited Access
Highway.
c.
Electronic
Message
Centers
in
accordance
with
Section
25- 15. 17,
Electronic Message
Centers.
Section 25- 15. 6, Prohibited Signs, of the Maryland Heights Municipal Code is hereby
Section 3:
amended as follows:
I.
Electronic message centers which fail to meet the requirements of Section 25- 15. 17, Electronic
Message Centers
Section 4:
Section 25- 15, Sign Regulations, of the Maryland Heights Municipal Code is hereby amended
to incorporate a new Section 25- 15. 17, Electronic Message Centers, as follows:
Sec. 25- 15. 17. Electronic Message Centers.
A.
Permitted.
1.
One ( 1) permitted ground mounted identification sign per lot may be equipped with one( 1)
electronic message center per sign face, subject to the provisions of this section.
2.
Outdoor advertising structures ( billboards) meeting the requirements of Section 25- 15. 15,
Standard Outdoor Advertising Structures ( Billboards),
may be equipped with one( 1) electronic
message center per sign face, subject to the provisions of this section.
B.
Prohibited.
1.
Pre- existing nonconforming signs shall not be modified or expanded to incorporate electronic
message centers.
2.
Said prohibition includes, but is not limited to, pole and pylon signs.
3.
Attached identification signs or window signs incorporating electronic message centers shall not
be permitted.
C.
Duration of Image Display. Each image displayed shall have a minimum duration of eight( 8)
seconds.
D.
Presentation. The image shall be a static display. No portion of the image shall flash, scintillate,
fade in or fade out, scroll, twirl, change color, or in any manner imitate movement. No motion
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imagery, special effect to imitate movement, or presentation of graphics displayed in a progression of
frames that give the illusion of motion shall be permitted.
E.
Transition. When the image or any portion thereof changes, the change sequence shall only be
accomplished by means of instantaneous re- pixelization.
F.
Brightness and Illumination.
1.
Dimmer control. The electronic message center shall be equipped with an automatic dimmer
control to automatically produce a distinct illumination change from a higher illumination level to
a lower level according to ambient light conditions and for the time period between sundown and
sunrise.
2.
Brightness. The electronic message center shall not exceed a maximum of five thousand ( 5, 000)
nits( candelas per square meter) during daylight hours and a maximum illumination of five
hundred ( 500) nits ( candelas per square meter) between sundown and sunrise measured from the
sign' s face at maximum brightness.
3.
Fluctuating orflashing illumination. No portion of the electronic message center may fluctuate
in light intensity or use intermittent, strobe or moving light or light that changes in intensity in
sudden transitory bursts, streams, zooms, twinkles, sparkles or that in any manner creates the
illusion of movement.
G.
Malfunction and Non- Compliance. The electronic message center shall be designed and equipped to
freeze the device in one ( 1) position if a malfunction occurs. The electronic message center shall be
equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner
shall immediately stop the dynamic display when notified by the City that it is not complying with
standards of this code.
H.
Planning
message
Commission Review
center, a
sign
and
package
Approval.
shall
be
Prior to issuance of a sign permit for an electronic
provided
for
approval
by
the
Planning
Commission.
Said
sign package shall include:
1.
A site plan showing the location of existing and proposed signs on the property.
2.
Drawings or photographs of all existing and proposed signs on the property.
3
Photo simulations of the sign to incorporate the electronic message center from multiple angles
which include a scale figure at six( 6) feet in height adjacent to the sign.
4.
Specifications on the electronic message center demonstrating compliance with the provisions of
this subsection.
5.
Other materials or evidence as may be required to demonstrate compliance with Section 25- 15. 2,
Intent, and Section 25- 15. 3, Overall Design Goals.
6.
I.
Fees. Filing and review fees as established by the City Council.
Planning Commission Action. The Planning Commission may approve, approve with modifications,
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or deny the proposed sign package based on its conformance with this subsection as well as Section
25- 15. 2, Intent, and Section 25- 15. 3, Overall Design Goals.
J.
Appeals.
Appeals from any portion of this subsection of the Zoning Code, including the Planning
Commission' s decision on the electronic message center, shall be made to the Board of Adjustment in
accordance with Section 25- 13, Variances.
Section 5: This Ordinance shall be in full force and effect from and after its passage and approval.
PASSED BY THE CITY COUNCIL THIS 2" d DAY OF JUNE 2016.
MAY
R/ PRESIDING OFFICER
APPROVED BY THE MAYOR THIS Zd.DAY OF JUNE 2016.
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