[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.