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:
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.
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.
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.
An area of special control which our Board of Aldermen designates
as appropriates for the display of billboards.
Copy that changes at intervals of more than once every six
(6) seconds.
A billboard which identifies goods or services that are not
sold on the premises where the billboard is located.
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.
A highway to which access is restricted except by ramps or
interchanges.
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.
A billboard that was constructed in violations of regulations
that existed at the time it was built.
A light source not seen directly.
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.
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.
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 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.
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]
A.
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.
B.
Height. All billboards shall be no greater than twenty-five
(25) feet in height.
C.
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.
D.
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:
1.
Interferes with the use and enjoyment of property of any adjacent
landowners.
2.
Allows the illumination source to be directly visible from any right-of-way
or adjoining property.
3.
Spacing (all measurements shall be made parallel to the roadway between
perpendiculars extended from the billboard locations in question).
4.
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.
5.
Designated scenic roadsides. No billboards shall
be permitted in areas designated as scenic roadsides.
6.
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]
A.
The
following are expressly prohibited unless specifically stated otherwise
in this Chapter.
1.
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.
2.
Flashing billboards. Off-premises billboards that
include lights which flash, blink or turn on and off intermittently,
not including time and temperature signs.
3.
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.
4.
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.
5.
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.
6.
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.
a.
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]
A.
All
billboards shall be designated, constructed and maintained in accordance
with the following standards.
B.
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.
C.
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]
A.
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]
A.
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.
B.
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.
C.
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:
1.
Application date.
2.
Name, address and telephone number of the billboard owner and, if
different, the owner of the land on which the billboard will be erected.
3.
Address of the property where the billboard or billboard's structure
will be erected.
4.
Signature(s) of the billboard owner and, if different, the owner
of the land on which the billboard will be displayed.
5.
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.
6.
General description of structural design and construction materials
of billboards.
7.
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.
8.
A boundary and sign survey showing the property and the proposed
sign.
D.
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).
E.
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.
F.
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:
1.
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
2.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
