[Ord. No. 590 §1(28-1), 8-9-1999; Ord. No. 754 §3, 5-12-2008]
For the purposes of this Chapter, the following words or phrases
shall mean:
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster or other thing designed, intended or used
to advertise or inform, any part of the advertising or information
content of which is visible from any point of the traveled ways of
the interstate or primary systems. A billboard shall consist of no
more than two (2) faces.
The City of Oakland, Missouri.
The area 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 including background. The structural supports shall be excluded
if they do not constitute a major portion of the billboard or if the
structure is not used to identify or attract attention to the business
or product.
Any highway in the City officially designated by the Federal
Government of the United States as part of the interstate highway
system.
Any highway in the City officially designated by the Missouri
Highway and Transportation Commission as being in the primary highway
system as authorized by the Constitution and laws of Missouri.
[Ord. No. 590 §1(28-2), 8-9-1999]
Billboards shall be permitted only within six hundred sixty
(660) feet of the nearest edge of the right-of-way of any interstate
or primary highway and only in industrial and commercial zones and
subject to the regulations contained in this Chapter.
[Ord. No. 590 §1(28-3), 8-9-1999; Ord. No. 754 §4, 5-12-2008]
A.
No revolving
or rotating beam or beacon of light that simulates any emergency light
or device shall be permitted as part of any billboard. No flashing,
intermittent or moving light or lights will be permitted except scoreboards
and other illuminated signs designating public service information,
such as time, date or temperature or similar information, will be
allowed.
B.
External
lighting, such as floodlights, thin line and gooseneck reflectors,
are permitted if and only if:
1.
The
light source is directed upon the face of the billboard and is effectively
shielded so as to prevent beams or rays of light from being directed
into any portion of the main traveled way of any interstate or primary
highway or from being directed into a residential dwelling or commercial
business, and
2.
The
lights are not of such intensity so as to cause glare, impair the
vision of the driver of a motor vehicle or otherwise interfere with
a drivers's operation of a motor vehicle.
C.
No billboard
shall be so illuminated that it interferes with the effectiveness
of or obscures an official traffic sign, device or signal, nor shall
the illumination be directed toward any residential area in such a
manner as to cast more light at the property line of the property
upon which the billboard is constructed than would be cast by a standard
one hundred (100) watt light bulb.
E.
No billboard
shall have any type of amplified sound emitted from it.
F.
Displays
on billboards shall be static. No billboard shall use any type of
active or dynamic display such as wind-actuated elements, louvers,
sequins, metallic disks, any material that glistens or sparkles, vehicles
mounted on the billboard or billboard structure or similar forms of
display. There shall be no changeable copy, pennants, flags, banners,
streamers, propellers, disks, searchlights, balloons or other inflatable
objects, nor shall there be any lights which flash, blink or turn
on and off intermittently.
G.
No billboard
shall be located on the roof of a building or non-sign structure.
[Ord. No. 590 §1(28-4), 8-9-1999; Ord. No. 700 §1, 2-13-2006]
A.
The maximum
area for any one (1) face of a billboard shall be two hundred eighty-eight
(288) square feet with a maximum height of fourteen (14) feet and
a maximum length of twenty (20) feet, inclusive of border and trim
but excluding the base or apron, supports and other structural members.
The area shall be measured in a manner consistent with the rules of
the Missouri Highway Commission.
B.
Billboards
shall not be stacked on top of one another on the same structure and
shall have only one (1) face, except that billboards may have two
(2) faces if the faces are oriented in opposite directions. Billboards
may be placed back to back or in V-type construction with not more
than two (2) displays to each face, but such structure shall be considered
as one (1) billboard.
C.
Each
face of a billboard shall be rectangular and temporary cutouts and
extensions installed for the length of a specific display contract
may not exceed thirty-three percent (33%) of the permanent display
area.
[Ord. No. 590 §1(28-5), 8-9-1999]
A.
No billboard
shall be erected within one thousand four hundred (1,400) feet of
an existing billboard on the same side of any interstate or primary
highway.
B.
The spacing
between billboards shall not apply to billboards that are separated
by buildings, natural surroundings or other obstructions in such a
manner that only one (1) billboard or part of one (1) billboard is
visible at any one time on the same side of any primary or interstate
highway. Directional or other official signs or those advertising
the sale or lease of the property on which they are located or those
which advertise activities on the property on which they are located,
including products sold, shall not be counted, nor shall measurements
be made from them for the purpose of compliance with spacing provisions.
C.
No billboard
shall be located in such manner as to obstruct or otherwise physically
interfere with the effectiveness of an official traffic sign, signal
or device or obstruct or physically interfere with a motor vehicle
operator's view of approaching, merging or intersecting traffic.
D.
The measurements
in this Section shall be the minimum distances between billboards,
measured along the nearest edge of the pavement between points directly
opposite the billboards along each side of the highway and shall apply
only to billboards located on the same side of the highway involved,
regardless, however, of whether such billboard is located within or
is outside of the corporate limits of the City of Oakland.
[Ord. No. 590 §1(28-6), 8-9-1999]
A.
In order
to further provide a safety zone to prevent injury or property damage
from the collapse or partial dismemberment of a billboard caused by
acts of God or other causes, each billboard shall have minimum setbacks
of the following:
1.
Setbacks from highway interchanges. No billboard shall be
located adjacent to or within two thousand (2,000) feet of any interchange
existing or approved for construction by the Missouri Highway and
Transportation Department, intersection at grade or safety rest area.
The two thousand (2,000) feet shall be measured from the beginning
or ending of the pavement widening at the exit from or entrance to
the main traveled way.
2.
Setbacks from residential and public activity areas. No
billboard shall be located within five hundred (500) feet of land
zoned for residential or health uses or semi-public activity purposes
or any equivalent zoning category, except by conditional use permit
granted by the Board of Aldermen after a duly noticed public hearing
and upon the express finding that such billboard shall not:
a.
Pose
a risk of harm to any resident, citizen or other person within the
City;
b.
Cause
a decrease in the value of any property within five hundred (500)
feet of the proposed site for such billboard; and
c.
Impair
or impede traffic flow or the visibility of drivers of any traffic
sign, intersection or traffic hazard.
3.
Height regulations. The maximum height of a billboard shall
be the maximum height for a building or structure for the zoning district
within which the billboard is located.
[Ord. No. 590 §1(28-7), 8-9-1999]
A.
Before
a permit is issued, the applicant shall receive approval for a plan
for landscaping, lighting and fencing around the proposed billboard
to ensure that any structure, lighting or fencing on the premises
where the billboard is located will be aesthetically compatible with
its surroundings and the aesthetic standard of the community and neighboring
property, insofar as may be practicable, as well as safe and secure
from trespassers or vandals. Such plans shall be reviewed and approved
by the Plan Commission.
B.
In determining
whether the landscaping plan is reasonably suitable, the Plan Commission
shall take into consideration the nature of the location, the impact
on surrounding properties, the safety and security of the proposed
billboard and the relative cost of the landscaping, lighting and fencing
to the applicant in relationship to the overall impact upon the property
values in the immediate area which would be caused by a lack of such
landscaping, lighting or fencing for the proposed billboard.
[Ord. No. 590 §1(28-8), 8-9-1999; Ord. No. 755 §1, 5-12-2008]
A.
No billboard
shall be erected without a one-time permanent permit issued by the
State Highway and Transportation Commission, as required in the most
recently amended Section 226.550, RSMo., at the time of application.
B.
No billboard shall be erected, constructed or altered unless all permits required by this Chapter 530 and State law have been first acquired. Prior to the issuance of a City permit, an application shall be filed with the Ordinance Enforcement Official or such other City Officer as the Mayor may from to time direct. The application shall include the plans and specifications for each proposed billboard in a manner that will fully advise and acquaint the City with the location, dimensions, construction, materials, method of support and manner of illumination proposed to be used. All billboards shall comply with all applicable City, County and State codes including, but not limited to, building, electrical and construction codes. All billboards that are to be illuminated by artificial light require a separate electrical permit and inspection as provided in the City's Electrical Code.
C.
An initial
permit and inspection fee of five hundred dollars ($500.00) shall
be paid by the applicant when a billboard is first erected or constructed.
Thereafter, a business license fee of two percent (2%) of the gross
annual revenue produced by the billboard shall be paid annually by
December thirty-first (31st).
D.
No billboard erected before the effective date of the ordinance enacting this Chapter 530 shall be repaired, altered or moved, nor shall a billboard or any substantial part thereof, which is blown down, destroyed or removed, be erected again, reconstructed, rebuilt or relocated unless it is made to comply with all applicable requirements of this Chapter; provided however, that nothing herein shall be construed to prevent the repair or restoration as directed by the Ordinance Enforcement Official (or such other officer as the Mayor may from time to time direct) of any part of an existing billboard that is damaged by any act of God or accident.
[Ord. No. 590 §1(28-9), 8-9-1999]
A.
Continuance. Each non-conforming billboard and billboard
structure shall be allowed to be displayed for three (3) years from
the adoption of this Chapter, to provide a reasonable opportunity
for the owner to benefit from the investment made in the billboard.
B.
Removal. Non-conforming billboards and billboard structures
shall be removed at the owner's or lessor's expense under the following
circumstances:
1.
Not
later than three (3) years from the date of the adoption of this Chapter,
if not brought into compliance with this Chapter.
2.
The
billboard is abandoned.
3.
The
billboard becomes damaged or dilapidated to fifty percent (50%) or
more of its physical structure or economic value.
4.
For
purposes of this Subsection, an "abandoned billboard" shall mean a billboard that has carried no message for more than
one hundred eighty (180) days or that no longer identifies a bona
fide business, lessor, service, owner, product or activity, date or
time of past event or for which no legal owner can be found. The definition
shall also include any billboard structure that no longer supports
the billboard for which it was designed. For purposes of this Section,
a "non-conforming billboard" shall mean a billboard that was lawfully erected and maintained at the effective date of this Chapter, but that does not conform to the regulations set forth in this Chapter 530.
5.
In all
cases except emergencies, the owner or persons or firm maintaining
a non-conforming, unsafe or dangerous billboard shall be required
to correct the deficiencies or remove the billboard within ten (10)
business days of the mailing of written notice, unless the owner can
demonstrate to the Mayor that circumstances beyond the owner's control
require more than ten (10) days for the deficiencies to be corrected
or the billboard removed. Upon proof of such circumstances, the Mayor
may grant one (1) extension of time not to exceed forty-five (45)
calendar days.
If an order is not complied with during the time periods set
forth in this Section, the Mayor may cause an offending billboard
to be removed and the expense for removing it may be assessed against
the owner or occupant of the property upon which the billboard is
located in the same manner as special assessment liens may be placed
on properties that violate City housing ordinances.
C.
The following
billboards are hereby declared to be unsafe and dangerous:
When any billboard becomes insecure, in danger of falling or
becomes obsolete or substandard under any ordinance regulating billboards
to the extent that it is unsafe or otherwise becomes unsafe or if
any billboard shall be unlawfully installed, erected or maintained
in violation of any of the provisions of this Chapter, the Ordinance
Enforcement Official (or such other officer as the Mayor may from
time to time direct) shall give written notice to the owner or the
person or firm maintaining such a billboard requiring the correction
of such condition. If the billboard constitutes an immediate danger
to the public health, safety or welfare, the Mayor (or such other
officer as the Mayor may from time to time direct) shall order immediate
correction or removal.
[Ord. No. 754 §1, 5-12-2008]
Any sign which is removed and reset pursuant to Missouri State
Statute or regulation and/or pursuant to agreement with the Missouri
State Highways and Transportation Commission must comply with all
regulations set forth in this Chapter. These regulations shall govern
the resetting of billboards to the fullest extent allowed by Missouri
law.
[Ord. No. 590 §1(28-10), 8-9-1999]
A.
All billboards,
together with all their supports, shall be kept in repair in accordance
with the provisions of this Chapter and all applicable codes.
B.
All billboards
which are not galvanized or constructed of approved corrosion resistant,
non-combustible materials shall be painted whenever, in the opinion
of the Ordinance Enforcement Official (or such other officer as the
Mayor may from time to time direct), it is necessary to prevent corrosion.
C.
It shall
be the duty and responsibility of the owner or lessee of every billboard
to maintain the immediate premises occupied by the billboard in a
clean and sanitary condition.
D.
All wiring
and electrical connections shall be in accordance with the Electrical
Code of the City and all other laws or ordinances controlling wiring
and electrical connections within the City.
[Ord. No. 590 §1(28-11), 8-9-1999]
Any person, firm or corporation feeling itself aggrieved by
any decision of the Ordinance Enforcement Official (or such other
officer as the Mayor may from time to time direct) may file an appeal
directly to the Board of Adjustment of the City and the Board of Adjustment
shall have the power to affirm, modify or reverse the decision of
the Ordinance Enforcement Official (or such other officer as the Mayor
may from time to time direct).
[Ord. No. 590 §1(28-12), 8-9-1999]
A.
Any person violating any of the provisions of this Section shall be deemed guilty of a violation of the City Code and, upon conviction thereof in the Municipal Court of the City of Oakland, shall be punishable by a fine as specified in Section 100.200 of this Code.
B.
Failure to pay for an assessment made pursuant to Section 530.090(B)(5) shall constitute a violation of the City Code subject to a fine of up to one hundred dollars ($100.00) per day for each day that payment is not made for the cost of the removal after written notice of the cost of the removal is provided to such an owner or occupant. This provision may be enforced through the Municipal Court of the City of Oakland.
[Ord. No. 754 §2, 5-12-2008]
Severability is intended throughout and within the provisions
of this Chapter. If any Section, Subsection, sentence, clause, phrase
or portion of this Chapter is held invalid or unconstitutional by
a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such judgment shall
in no way affect or impair the validity of the remaining portions
of this Chapter.
