Cross Reference — As to billboard license fees, §605.070.
[Ord. No. 99-007 §1, 10-25-1999]
To preserve and promote the public health, safety and welfare of the citizens of our City; to maintain and enhance the visual environment and to preserve the right of citizens to enjoy our City's scenic beauty; to improve pedestrian and traffic safety; and to minimize the possible adverse effect of billboards on nearby public and private property.
[Ord. No. 99-007 §2, 10-25-1999]
As used in this Chapter, the following terms shall have these prescribed meanings:
- ABANDONED BILLBOARD
- A billboard which has carried no message for more than one hundred eighty (180) days or which no longer identifies a bona fide business, lessor, service, owner, product or activity, date or time of past event and/or for which no legal owner can be found. The definition shall also include any billboard structure which no longer supports the billboard for which it was designed.
- The designated government official whose responsibility it is to administer the provisions of this Chapter. These activities may include, but are not limited to, reviewing applications for billboard permits, corresponding and/or meeting with applicants, issuing and denying billboard permits, inspecting billboards and interpreting and enforcing the provisions of this Chapter.
- ARCHITECTURAL, SCENIC OR HISTORIC AREA
- An area of special control that contains unique visual or historic characteristics or whose natural beauty requires special regulations to ensure that all billboards displayed within the area are compatible with the area.
- A billboard is an off-premises object, device, sign or structure or part thereof displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location or to express a point of view by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or non-commercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors or by or on behalf of political candidates or issues.
- BILLBOARD AREA
- The facing of a billboard, including copy, insignia, background, structural supports and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to the business or product.
- BILLBOARD PLAZA
- An area of special control which our Board of Aldermen designates as appropriates for the display of billboards.
- CHANGEABLE COPY
- Copy that changes at intervals of more than once every six (6) seconds.
- COMMERCIAL BILLBOARD
- A billboard which identifies goods or services that are not sold on the premises where the billboard is located.
- DIRECTIONAL SIGN
- A sign erected and maintained by local officials within the public right-of-way to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest. Such signs shall conform to all applicable State regulations regarding the placement of billboards in public rights-of-way.
- EXPRESSWAY OR FREEWAY
- A highway to which access is restricted except by ramps or interchanges.
- FLASHING ILLUMINATION
- A light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change at intervals of less than six (6) seconds.
- The vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the billboard.
- ILLEGAL BILLBOARD
- A billboard that was constructed in violations of regulations that existed at the time it was built.
- INDIRECT ILLUMINATION
- A light source not seen directly.
- INTERNAL ILLUMINATION
- A light source that is concealed or contained within the billboard and becomes visible in darkness through a translucent surface.
- Physical movement or revolution up or down, around or sideways that completes a cycle of change at intervals of less than six (6) seconds.
- NON-CONFORMING BILLBOARD
- A billboard which was lawfully erected and maintained at the effective date of this Chapter, or any amendment thereto, that does not conform to the regulations of this Chapter.
- POLITICAL BILLBOARD
- A billboard that advertises a candidate or an issue which is to be voted on in a local, State or Federal election.
- The contiguous land in the same ownership or control that is not divided by a street.
- SCENIC ROADSIDE
- Scenic roadsides include those land areas within the municipal limits that lie within the viewshed of either side of the outermost edge of any of the roads which are of uncommon visual importance or scenic attractiveness.
- Spacing of billboards shall be the minimum distance between outdoor advertising billboard structures measured along the nearest edge of the pavement between points directly opposite the billboards along each side of the highway and shall apply to outdoor advertising billboards structures located on both sides of the highway involved.
- Anything built that requires a permanent location.
- TEMPORARY SIGN
- A non-permanent, sign type, advertising display intended to be used for a short, usually fixed period of time not exceeding six (6) months that directs attention to either a for-profit business or not-for-profit service entity for the purpose of conducting commercial transactions.
- An area visible from the road that provides vistas over water or across expanses of land, such as farmland, woodlands, coastal wetlands, mountaintops or ridgelines.
[Ord. No. 99-007 §3, 10-25-1999; Ord. No. 2000-010 §1, 8-14-2000]
New Billboards. Such new billboards as may be permitted by the Section shall conform to the height, size, lighting and spacing requirement prescribed by this Section as modified by the designation of any area of special control in which the billboard is located.
Height. All billboards shall be no greater than twenty-five (25) feet in height.
Size. All billboards shall be no greater than three hundred (300) square feet in area. Except for exempted billboards in Section 415.050, only one (1) billboard shall be permitted on each billboard structure.
Lighting. In addition to the lighting restrictions of Section 226-540(1), RSMo. (Supp. 1997) which shall apply to all billboards in our City, no billboard shall be so illuminated that it:
Interferes with the use and enjoyment of property of any adjacent landowners.
Allows the illumination source to be directly visible from any right-of-way or adjoining property.
Spacing (all measurements shall be made parallel to the roadway between perpendiculars extended from the billboard locations in question).
Within the limits of our City, no billboard shall be erected within one thousand (1,000) feet of an existing billboard on either side of the highway.
Designated scenic roadsides. No billboards shall be permitted in areas designated as scenic roadsides.
Minimum setbacks. All billboards and billboard structures must be located at least twenty (20) feet from any property line and placed so as not to pose a visibility or other hazard to vehicular traffic in the vicinity of the sign.
[Ord. No. 99-007 §4, 10-25-1999]
The following are expressly prohibited unless specifically stated otherwise in this Chapter.
Animated and moving billboards. Off-premises billboards employing movement including, but not limited to, changeable copy signs, pennants, flags, banners, streamers, propellers, disc and searchlights.
Flashing billboards. Off-premises billboards that include lights which flash, blink or turn on and off intermittently, not including time and temperature signs.
Glaring billboards. Off-premises billboards employing direct, indirect, internal, flashing or other illumination with light sources or reflectivity of such brightness that constitute a hazard or ground or air traffic or a nuisance as determined by the Administrator.
Inflatable billboards and objects. Including, but not limited to, balloons, except that said items may be used on the business premises for not more than ten (10) consecutive day periods.
Roof billboards. Off-premises billboards which are erected or painted on a roof or which extend in height above the roof line of the building on which sign is erected.
Simulated traffic — signs and obstructions. Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street or highway intersection or extend into the public right-of-way.
Vehicular billboards. Off-premises signs displayed on parked or stationary vehicles, where the primary purpose of the vehicle is to advertise a product or business or to direct people to a business or activity. For the purposes of this Chapter, vehicular billboards shall not include business logos, identification or advertising on vehicle primarily used for other business purposes.
[Ord. No. 99-007 §5, 10-25-1999]
[Ord. No. 99-007 §6, 10-25-1999]
[Ord. No. 99-007 §7, 10-25-1999]
All billboards shall be designated, constructed and maintained in accordance with the following standards.
All billboards regulated by this Chapter shall be constructed of permanent materials and shall be permanently attached to the ground, by direct attachment to a rigid wall, frame or structure.
All billboards shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this Code, at all times.
[Ord. No. 99-007 §8, 10-25-1999; Ord. No. 2000-010 §2, 8-14-2000]
Removal. Non-conforming billboards and billboard structures shall be removed at the owner's or lessor's expense under either of the following circumstances:
[Ord. No. 99-007 §9, 10-25-1999; Ord. No. 2001-07 §1, 3-12-2001]
Enforcement Officer. All administration and enforcement of this Chapter shall be primarily implemented by the designated Code Enforcement Officer (the "Administrator") of the City. The Administrator shall have the responsibility and full authority to administer and enforce all provisions of this Chapter, other than those provisions specifically reserved for the authority of the City Board of Aldermen or the Board of Zoning Appeals. However, other staff in the department will also be prepared to enforce this Chapter. Anyone who wished to report a billboard that may be in violation of this Chapter should do so to the Administrator.
Permit Procedure. All billboards, except as otherwise provided in Section 415.050 of this Chapter, shall require a billboard permit prior to being constructed, reconstructed, moved, altered, placed or repaired. Billboard permits shall be issued by the Administrator.
Permit Application. All applications for billboard permits for the erection or relocation of a billboard shall be submitted to the Administrator and shall contain or have attached at a minimum the following information in either written or graphic form:
Name, address and telephone number of the billboard owner and, if different, the owner of the land on which the billboard will be erected.
Address of the property where the billboard or billboard's structure will be erected.
Signature(s) of the billboard owner and, if different, the owner of the land on which the billboard will be displayed.
Location of the billboards on the property in relation to public rights-of-way, lot lines, buildings, sidewalks, streets, zoning districts, other existing billboards and intersections.
General description of structural design and construction materials of billboards.
Drawing(s) of the proposed billboard which shall contain specification indicating height, perimeter and area dimensions, means of support, methods of illumination, if any, and any other significant aspect of the proposed billboard.
A boundary and sign survey showing the property and the proposed sign.
Permit Fees. The permit fee to be paid upon application for a permit for an off-site off-premises billboard under Section 605.070 of this Code is hereby set at the sum of one hundred fifty dollars ($150.00).
Permit Application Completeness. Within five (5) working days of receiving an application for a billboard permit, the Administrator shall review it for completeness. If the Administrator finds that it is complete, the application shall then be processed. If the Administrator finds that it is incomplete, she/he shall, within such five (5) day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable Sections of this Chapter.
Permit Issuance/Denial Action. All billboard permits shall be dated and numbered in the order of their issuance. Within ten (10) working days of the submission of a complete application for a billboard permit, the Administrator shall either:
Issue the billboard permit, if the billboard that is the subject of the application conforms in every respect with the requirement of this Chapter; or
Deny the billboard permit if the billboard that is subject of the application fails in any way to conform with the requirements of this Chapter. In case of a rejection, the Administrator shall specify in the rejection the Section or Sections of the Chapter or applicable plan with which the billboard is inconsistent.
Inspection Upon Completion. Any person installing, structurally altering or relocating a billboard for which a permit has been issued shall notify the Administrator upon completion of the work. The Administrator shall then conduct an inspection within seven (7) working days. If the construction is complete and in full compliance with this Chapter and with the Building and Electrical Codes, the Administrator shall affix to the billboard a permanent symbol identifying the billboard and the applicable permit by number or other reference. If the construction is substantially complete, but not in full compliance with this Chapter and applicable codes, the administrator shall give the owner or applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Administrator shall affix to the billboard the permanent symbol described above.
Lapses Of Billboard Permit. A billboard permit shall lapse if the billboard is an abandoned billboard or if the permittee's business license lapses, is revoked or is not renewed. A billboard permit shall lapse if the use of the billboard is discontinued for a period of one hundred eighty (180) days or more. A billboard that was constructed or maintained in conformance with a permit under this Chapter, but for which the permit has lapsed, shall be in violation of the Chapter.
Assignment Of The Billboard Permit. A current and valid billboard permit shall be freely assignable to a successor, as owner of the property where the billboard is located or of the leasehold of the billboard, subject to filing such application as the Administrator may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.
Violation. The Administrator, upon finding that any provision of this Chapter or any condition of a permit issued under this Chapter is being violated, is authorized to institute legal proceedings to enjoin violations of this Chapter or to prosecute any person violating the terms of this Chapter.
Complaints And Revocation. The Administrator shall investigate any complaints of violations of this Chapter and may revoke a permit if there is any violation of the provisions of this Chapter or there was misrepresentation of any material facts in either the application or plans.
Appeal Procedure. Any person applying for a billboard permit that is denied a permit or disagrees with any ruling by the Administrator may appeal to the Board of Aldermen. The Board of Aldermen may review or overturn the ruling, but may not issue a billboard permit. The findings of the Board of Aldermen are then remitted back to the Administrator.
Permits For Existing Billboards. For any billboard in the municipality on the effective date of this Chapter, an application for a billboard permit must be submitted to the Administrator within one hundred eighty (180) days. For any billboard on property annexed at a later date, applications for billboard permits shall be submitted within six (6) months of the effective date of annexation or within such period as may be established on an annexation agreement between the municipality and the landowner. Applications for permits for existing billboards submitted within one hundred eighty (180) days of the effective date of the Chapter shall be exempt from the initial fees adopted under authority of this Chapter, but not from any subsequent fees.
Expiration Of Billboard Permits. If an approved billboard is not erected within a period of ninety (90) days from the date the permit was originally issued, the permit shall expire and become null and void.
Fines. A person who violated the provisions of this Chapter or the conditions of a permit shall be guilty of a civil violation of this Chapter. Each day of the violation constitutes a separate offense subject to a one hundred dollar ($100.000) fine. Such person shall also be liable for court costs and reasonable attorney fees incurred by the local jurisdiction.
Illegal Billboards. The Administrator may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a non-conforming billboard governed by Section 415.080, not in compliance with the provision of this Chapter.
Immediate Peril. If the Administrator shall find any billboard that poses an immediate peril to persons or property, the billboard shall be removed. If the Administrator cannot locate the billboard owner or lessor for immediate removal of the billboard, he/she shall remove or order the removal of the billboard at the expense of the billboard owner or lessor.
[Ord. No. 99-007 §11, 10-25-1999]
Any billboard, display or device allowed under this Chapter may contain, in lieu of any other copy, any otherwise lawful, non-commercial message, including any political message, that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this Chapter.