[R.O. 2008 § 410.160; Ord. No. 6232 § 1, 6-9-2016]
A. 
A permit may be revoked by the Planning and Development Department at any time it appears that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation or that any provisions of this Chapter are being violated.
1. 
Notice of such revocation shall be served upon the owner, his/her agent, contractor or upon any such person employed on the building or structure for which such permit was issued via a stop work order which shall be posted in a prominent location and thereafter no such construction shall proceed.
2. 
A new permit application shall be completed that correctly and completely reflects the departure from the voided permit(s) and/or plans, specifications or conditions. If said application is not returned within ten (10) days (for an installed sign or immediately for a specialty display) of the date of notification, a summons to the O'Fallon Municipal Court may be issued. A summons may be issued for each subsequent day of non-compliance.
3. 
If the sign, as detailed in the revised permit application, does not meet the standards of this Chapter, the Planning and Development Department shall notify the owner or authorized agent of same and shall allow ten (10) days (for an installed sign or immediately for a specialty display) for the removal of the sign. If the sign is not removed within the time allotted, a notice of violation and a summons to appear before the O'Fallon Municipal Court may be issued as of the expiration of the grace period and each subsequent day thereafter until the violation is abated.
4. 
Any sign permit under which no construction work has been commenced within ninety (90) days after the date of issuance of said permit or under which proposed construction has not been completed within six (6) months of the time of issuance shall expire by limitation.
[R.O. 2008 § 410.170; Ord. No. 6232 § 1, 6-9-2016]
A. 
All text amendments, variances, interpretations or appeals sought from the provisions of this Chapter shall follow the procedures outlined in the O'Fallon Zoning Code.
1. 
To obtain a variance the applicant must show that this property was acquired in good faith and where by reason of exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the practical use of his/her property in the manner similar to that of other property in the zoning district where it is located.
[R.O. 2008 § 410.180; Ord. No. 6232 § 1, 6-9-2016]
A. 
General Provisions.
1. 
All billboard signs must comply with the more restrictive of these regulations or the requirements contained in all State and Federal laws including, without limitation, Sections 226.500 to 226.600, RSMo., as amended (the "State sign law").
2. 
All new billboard signs must comply with all provisions of applicable building codes and the applicant must obtain all necessary permits or licenses which are necessary or required.
3. 
Where a billboard sign, whether installed prior to or subsequent to the effective date of this Chapter, June 9, 2016, does not include any message for a period of one hundred twenty (120) continuous days, such billboard structure shall be deemed abandoned thereafter and shall be removed.
4. 
No billboard sign shall be placed on rocks, trees, or on poles maintained by public utilities.
5. 
The owner of a billboard sign and each user thereon shall indemnify and hold the City harmless from and against any loss, claim or expense (including attorney's fees, publisher's liability and advertiser's liability) arising, directly or indirectly, from the erection and or/use of said billboard sign, and such owner and user shall maintain liability insurance in accordance with, in an amount to be approved by the City, except that the minimum insurance for publisher's and advertiser's liability shall be five hundred thousand dollars ($500,000.00) per occurrence, one million dollars ($1,000,000.00) aggregate.
6. 
In the event of any conflict between the provisions of this Section and any other provision in this Chapter, the provisions of this Section shall prevail.
7. 
The provisions of Section 410.140(B)(1) and (2) shall apply to billboards. Also, an existing non-conforming billboard may be removed and replaced with a billboard upon the City Council's approval of, and pursuant to, a relocation and reconstruction agreement. Additional conditions and restrictions relating to the replacement of billboards shall be set forth in the replacement and relocation agreement. Each such replacement and relocation agreement shall contain: (i) identification of the location of the relocation agreement; (ii) conceptual design drawings for the relocated billboard; and (iii) the time period within which billboard removal and construction must occur.
8. 
Prior to consideration by the City Council of a replacement and relocation agreement, such application shall be reviewed by the Planning and Development Department, and submitted to the Planning and Zoning Commission, who shall make a recommendation to the City Council as to whether: (i) a proposed relocation site is compatible with the uses and structures on the site and in the surrounding area; (ii) the proposed billboard would create a traffic or safety problem, including problems associated with on-site access circulation or visibility; (iii) the proposed billboard would interfere with on-site parking or landscaping required by the City's Municipal Code; and (iv) the proposed billboard would otherwise result in a threat to the general health, safety and welfare of the community. In considering approval after a recommendation from the Planning and Zoning Commission, the City Council shall consider the same forgoing criteria. If the City Council approves a replacement and relocation agreement, the applicant will be required to apply for any applicable sign permits.
9. 
The sign face of an existing billboard, that is visible from, Interstate Highway 64 and Interstate Highway 70, and that does not have a digital display may be changed for a digital display, provided that the dimensions of the digital display are no greater than the existing sign face, and that the digital display complies with all applicable requirements of the City's Municipal Code.
10. 
Audio speakers are prohibited in association with a billboard.
B. 
Standards For Location, Spacing, Size, Height And Lighting.
1. 
Location And Spacing.
a. 
No billboard sign shall be maintained, erected, or located anywhere in the City unless:
(1) 
The proposed site for such billboard sign is in an area of the City then zoned non-residential; and,
(2) 
The proposed site of such billboard sign is within six hundred sixty (660) feet of the nearest edge of the right-of-way of, and visible from, Interstate Highway 64 and Interstate Highway 70; and
b. 
No billboard sign shall hereafter be maintained, erected or located within one (1) mile of an existing billboard sign on the same side of the highway, irrespective of whether such existing billboard sign is located within or outside the territorial limits of the City. This distance shall be measured along the nearest edge of the pavement at points directly opposite the billboard sign along each side of the highway. This shall apply only to billboard signs located on the same side of the highway involved.
c. 
No billboard sign shall be placed closer than five hundred (500) feet of an intersection on a dual or proposed dual highway; provided, however, that such billboard may be affixed to or located adjacent to a building at such intersection in such a manner as not to materially cause any greater obstruction of vision than caused by the building itself.
d. 
All billboard signs shall be exempt from the setback requirements of the zoning district in which they are permitted. All billboard signs shall, however, be set back from the road right-of-way a minimum of thirty (30) feet.
e. 
No billboard sign shall be located on the right-of-way or any road or any slope or drainage easement for such road.
f. 
No portion of a billboard shall be placed within a fifty (50) foot radius of any point of a building. Once a billboard has been erected, a fall line equal to the height of the billboard plus ten (10) feet shall be maintained. No buildings or structures shall be located within this zone. Existing buildings within this zone shall be considered pre-existing non-conforming.
[Ord. No. 6596, 8-22-2019]
g. 
No billboard shall be placed within a one thousand (1,000) foot radius of the nearest point of any structure on a residentially zoned property, measured from the base of the billboard.
2. 
Size.
a. 
The maximum area for any one (1) billboard shall be six hundred seventy-two (672) square feet with a maximum height of twenty (20) feet and a maximum length of fifty (50) feet, inclusive of border and trim but excluding the base, apron, or supports and other structural members. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire billboard.
b. 
The maximum size limitations shall apply to each side of a billboard structure, and billboards may be placed back-to-back, double faced, or in V-type construction with not more than two (2) displays to each facing, but such billboard structure shall be considered as one (1) billboard.
c. 
Temporary cutouts, to the extent permitted by Missouri Department of Transportation are allowed, provided such cutouts do not exceed thirty percent (30%) of the normal size of the sign, and are not in place for a period of three (3) years or more. When temporary cutouts are utilized, the size of the sign may exceed the prescribed maximum size set forth herein.
3. 
Height. The maximum height to top of signage shall not exceed forty-five (45) feet above ground level or the grade level of the adjoining street, whichever is higher.
4. 
Lighting.
a. 
No revolving or rotating beam or beacon of light shall be permitted as part of any billboard sign. No flashing, intermittent or moving light or lights shall be permitted as a part of any billboard sign.
b. 
External lighting, such as floodlights, thin line and gooseline reflectors are permitted, provided the light source is directed upon the face of the billboard sign 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 road or highway near such billboard sign, and 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 driver's operation of a motor vehicle.
c. 
No billboard sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal.
5. 
Digital Billboards. Billboards having a digital display (digital billboards) are permitted, provided that such billboards do not flash, scroll or employ any form of animation or moving images. Digital billboards must present a static display that changes no more frequently than every ten (10) seconds. A digital billboard that complies with the provisions of this Section shall not be considered a flashing sign. Digital billboards shall also be subject to the following requirements:
a. 
When the full billboard image or any portion thereof changes, the change sequence must be accomplished by means of instantaneous re-pixalization.
b. 
The digital billboard must not exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of three hundred (300) nits (candelas per square meter) between dusk and dawn as measured from the sign's face at maximum brightness.
c. 
Digital billboards must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between dusk and dawn.
6. 
Fees.
a. 
Application Fees: A non-refundable application fee calculated in the same manner as application fees payable for other signs shall be paid to the City upon application for any billboard sign to defray the ordinary and necessary expense of the City to assure compliance with local wind and other structural loads and electrical requirements.
[R.O. 2008 § 410.190; Ord. No. 6232 § 1, 6-9-2016]
Whenever a sign containing a commercial message would be permitted under this Chapter, subject to the landowner's consent, a sign containing a non-commercial message may be installed in its place, or vice versa, provided it otherwise complies with this Chapter. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or vice versa. This provision does not create a right to increase total signage on a parcel, nor does it affect the requirements that the sign comply in all other respects with the provisions of this Chapter.