[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 91-86 §1, 12-4-1991; Ord.
No. 94-15 §4, 3-9-1994; Ord. No. 98-10 §1, 1-21-1998; Ord.
No. 98-25 §1, 3-4-1998; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012]
A.
Purpose. The purpose of these regulations is to create the
legal framework for a comprehensive but balanced system of street
graphics, and thereby to facilitate an easy and pleasant communication
between people and their environment. With this purpose in mind, it
is the intention of these regulations to authorize the use of street
graphics which are:
1.
Compatible
with their surroundings;
2.
Appropriate
to the type of activity to which they pertain;
3.
Expressive
of the identity of individual proprietors or of the community as a
whole;
4.
Legible
in the circumstances in which they are seen; and
5.
An on-premises
graphic shall contain a minimal amount of language, primarily to identify
the occupant to the lot.
B.
Severability. All portions of the Bridgeton City Code relating
to street graphics are hereby declared to be severable. If any part,
sentence, paragraph, Subsection or clause is adjudged invalid, the
remainder of the Bridgeton City Code relating to street graphics shall
not be affected thereby and shall remain in full force and effect.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this Chapter:
An economic unit designated in the classification system
given in the 1972 Standard Industrial Classification Manual published
by the U.S. Department of Commerce, Office of Federal Statistical
Policy and Standards.
A building used for public gatherings with a seating capacity
of not less than four hundred (400) individuals.
An off-premises graphic which Missouri law requires Bridgeton
to permit and which is visible from any point of the traveled ways
of the interstate or primary highway systems.
Code of Ordinances of the City of Bridgeton, Missouri.
The City Engineer of the City of Bridgeton, Missouri or his
designee.
A billboard whose alphabetic, graphic, or symbolic informational
content can be changed or altered on a fixed display surface, composed
of electrically illuminated or mechanically-driven changeable segments
either by means of pre-programming or by computer-driven electronic
impulses, including, but not limited to, tri-vision and projection
street graphics.
Any section of the City of Bridgeton designated by the zoning
ordinance as a residential, business, manufacturing or special district.
A street graphic capable of electronically displaying words,
symbols, figures or images that can be electronically or mechanically
changed by remote or automatic means.
Any surface against or through which a street graphic is
displayed or illustrated.
A street graphic supported by one (1) or more uprights, posts or bases placed upon or affixed in the ground and not attached to any part of a building and that does not exceed the maximum height designated for a ground sign in Section 515.040.
A street graphic which has characters, letters, figures,
designs or the outline illuminated by electric lights or luminous
tubes or LED.
Any highway in the City of Bridgeton officially designated
by the Federal Government of the United States as part of the interstate
highway system.
A street graphic affixed to a permanent canopy over the entrance
to a building.
Street graphics, including billboards, advertising a service
not provided or an article or product not manufactured, assembled,
processed, prepared or sold upon the premises upon which the street
graphic is located.
A street graphic advertising the goods and/or services provided
at the location on which the street graphic is placed.
A street graphic supported by one (1) or more poles placed in the ground and not attached to any part of a building and that exceeds the maximum height designated for a ground sign in Section 515.040.
Any highway in the City of Bridgeton 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.
A street graphic attached to and projecting from a building
and not in the same plane as the wall.
A non-electronic street graphic displaying static lettering
or images, on which the copy is changed manually with attachable letters,
symbols or pictorial panels.
A street graphic painted, erected, constructed, or maintained
upon the roof of a building.
A freestanding, temporary sign having the appearance of an
A-frame or inverted T-frame. Such signs may have parallel opposing
sign faces.
[Ord. No. 13-24 §1, 7-17-2013]
Total area of the space used to display a street graphic
not including supporting poles and structure. For a sign with two
(2) faces that are parallel and supported by the same poles or structure,
the area of the sign equals one-half (½) the total area of
the two (2) faces. For a sign with two (2) or more faces supported
by the same poles or structure but not parallel, the area of the sign
equals the total area of all faces.
The area of a wall of the building exclusive of doors, windows,
and major architectural details.
Any character or letter and/or figure, symbol, design, work,
model or device, and attendant background field, used to attract attention
and/or convey a message and which is visible to any area outside of
a building. The term includes, but is not limited to, banners, pennants,
streamers, billboards, electronic message centers, moving mechanisms,
reader boards and lights.
A street graphic painted on or attached to a wall of a building
and in the same plane as such wall.
A street graphic either: (1) applied, painted or affixed
to a window pane of a building; or (2) suspended three (3) feet or
less behind or in front of a window or the glass portion of a door
and visible from the street.
The zoning ordinance of the City of Bridgeton, Missouri.
[Ord. No. 91-86 §2, 12-4-1991; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 98-81 §1, 10-21-1998; Ord. No. 99-08 §1, 2-3-1999; Ord.
No. 04-34 §13, 5-19-2004; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012]
A.
The minimum
landscaped area surrounding any pole sign erected in the City of Bridgeton
shall be governed by the following guidelines:
1.
Pole size (diameter).
B.
A ground sign shall adhere to the minimum landscaping as defined in Subsection (A) except that the radius is determined from the base placed upon or affixed in the ground.
C.
The landscape
area shall be maintained by the owner of the property and shall have
live vegetation, ground cover, grass, trees, and/or shrubs and may
include seasonal plantings and other landscaping elements meeting
the standards adopted by the City for trees and shrubs in the City
Code and subdivision regulations.
D.
Any non-conforming
landscape area shall meet these requirements as close as practical.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 89-98 §1, 11-15-1989; Ord. No. 91-86 §2, 12-4-1991; Ord. No. 92-50 §1, 9-2-1992; Ord.
No. 98-25 §1, 3-4-1998; Ord. No. 99-08 §2, 2-3-1999; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
Except as otherwise provided in this Section, the accompanying Table of Design Elements shall apply to all street graphics and signs.[1] For purposes of applying such table, the following criteria
shall be used.
1.
Except
as otherwise provided in this Section, commercial activities are those
first permitted by the zoning ordinance in a business district, and
industrial activities are those first permitted by the zoning ordinance
in a manufacturing district. Institutional activities include those
in the North American Industry Classification System: Section 62 —
Healthcare and Social Assistance; Section 71 — Arts, Entertainment
and Recreation; Section 81, Subject 813 — Religious, etc.; Section
61 — Educational Services.
2.
Locale
"A" refers to a location fronting on and facing a parking lot, and
thirty (30) feet or more from the street right-of-way and not visible
from Interstates 70, 270 and 370.
Locale "B" refers to a location fronting on and within thirty
(30) feet of the right-of-way of any street not included in Locale
"D" or "C".
Locale "C" refers to a location fronting on and facing and within
thirty (30) feet of the right-of-way line of St. Charles Rock Road,
Natural Bridge Road, Lindbergh Boulevard, Corporate Woods Drive, Corporate
Woods Court, Corporate Woods Place, Corporate Woods Trail, Corporate
Exchange Drive, Corporate Exchange Court and Rider Trail South.
Locale "D" refers to a location backing on to Interstates 70,
270 and 370.
3.
Height
of a ground, pole, or projecting sign is measured from the ground
level at or below the sign. Height of a roof sign is measured from
the top of the walls where the roof begins.
4.
Size
of a wall sign is expressed as a percentage of the signable area.
Wall signs placed in the space between windows may not exceed in height
more than two-thirds (2/3) the distance between the top of a window
and the sill of the window above. Wall signs may not extend above
the second (2nd) story of buildings having three (3) or more stories;
provided that in locale "D" there may be not more than one (1) wall
sign at the top of the wall.
If a wall sign exceeds one hundred (100) square feet, additional square footage shall be permitted at the rate of three-fourths (.75) square feet for every foot from the property line to the wall of the building. This requirement will prevail over the percentage permitted by the Table of Design Elements.
5.
Window
signs may be located only in ground floor windows.
6.
Street
graphics, for which the attendant background is not defined by the
structure of the sign or a border included as part of the graphic,
shall have an attendant background defined by an artificial border,
all points of which are a distance from all portions of the graphic
equal to one-third (1/3) the height of the tallest letter, number
or symbol in the graphic, but not exceeding six (6) inches. In all
cases, the area of a sign includes the attendant background.
[1]
Editor's Note: The Table of Design Elements (for Street Graphics Other Than Billboards) is included as an attachment to this Chapter.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 91-86 §3, 12-4-1991; Ord.
No. 98-25 §1, 3-4-1998; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012]
A.
Notwithstanding
anything else contained in this Chapter, the following restrictions
shall govern all street graphics:
2.
A single
activity that is the sole occupant of the premises may have up to
two (2) street graphics, provided that such activity fronting on two
(2) or more streets may have up to four (4) street graphics, no more
than two (2) of which may face the same frontage.
3.
For
a building occupied by more than one (1) activity and for groups of
buildings for which off-street parking facilities are provided in
common for all occupants, there shall not be more than one (1) pole
or ground sign facing each street upon which the building or group
of buildings fronts, and not more than one (1) wall or projecting
sign for each activity. The maximum size restrictions for such pole
and ground signs may be increased by up to fifty percent (50%) if
three (3) or more activities share the sign.
4.
It shall
be unlawful for any person to display upon any street graphic or supporting
structure any obscene, indecent or immoral matter.
5.
A ground
or pole sign which is over six (6) square feet in area may be displayed
only on a frontage of seventy (70) feet or more and may not be closer
than seventy (70) feet to any other ground or pole sign which is over
six (6) square feet in size.
6.
Projecting
signs may project no more than four (4) feet six (6) inches from the
building and are not permitted at the intersection of building corners
except at right angles to a building wall. No projecting sign may
be closer than thirty (30) feet to any other projecting sign.
7.
All
street graphics may be illuminated and/or non-illuminated except as
prohibited by this Chapter.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 91-86 §4, 12-4-1991; Ord.
No. 94-15 §3, 3-9-1994; Ord. No. 98-10 §3, 1-21-1998; Ord.
No. 98-25 §1, 3-4-1998; Ord. No. 99-08 §3, 2-3-1999; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
All street graphics, signs and supporting structures shall comply with applicable requirements of the Building, Electrical and Fire Prevention Codes of the City, including the requirements of the County Codes adopted in Chapter 525.
B.
Street graphics, signs and supporting structures must be maintained in good repair and appearance. The City Engineer or his designated representative may order the removal of any street graphic, sign or structure not so maintained pursuant to Section 515.140.
C.
No street
graphic or sign shall be erected or maintained so as to prevent free
ingress to or egress from any door, window or fire escape. No street
graphic of any kind shall be attached to a standpipe or fire escape.
D.
No street
graphic or sign shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision; or at any location
where, by reason of its position, shape or color, it may interfere
with, obstruct the view of, or be confused with any authorized traffic
sign, signal or device; or which makes the use of the words "stop",
"look", "drive-in", "danger" or any word, phrase, symbol or character
in such manner as to interfere with, mislead or confuse traffic. Illuminated
signs must be so shielded or contain lamps of such reduced intensity
as may be prescribed by the City Engineer or his designated representative
to assure that they do not constitute a traffic hazard.
E.
No part
of any street graphic or sign shall be located closer than five (5)
feet to a street right-of-way.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 89-46 §1, 5-17-1989; Ord.
No. 90-28 §1, 3-7-1990; Ord. No. 91-86 §5, 12-4-1991; Ord. 94-28 §§2 — 4,
5-4-94; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 07-29 §1, 8-1-2007; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012]
A.
The following
street graphics are exempt from the provisions of these regulations:
1.
Temporary signs.
a.
Temporary
real estate signs not over twelve (12) square feet in area in residential
districts or forty-eight (48) square feet in area in business and
manufacturing districts which advertise the sale, rental or lease
of only the premises upon which the sign is located and which are
of professional quality in appearance; provided that not more than
two (2) such signs are permitted on a single premises.
b.
Temporary
directional signs indicating the location of an "open" house for sale,
which signs shall be not over one and one-half (½) square feet
in area and of professional quality and appearance and to be displayed
on Saturday and Sunday from noon until 5:00 P.M. There shall be a
maximum of two (2) such directional signs for each "open" location.
The signs shall not be displayed at subdivision entrances. The directional
signs shall only be located upon public right-of-way and only with
the consent of the owner of the property at the location of the sign.
All signs must bear the name, address, and phone number of the party
responsible for such sign.
c.
With
approval by the Design and Review Board, non-commercial signs not
over eight (8) square feet in area that are placed in a residential
district only and that are removed within five (5) working days after
the date of the event to which they pertain.
d.
Temporary
directional signs indicating the location of non-commercial events,
which signs shall be not over one and one-half (1½) square
feet in area and to be displayed on the day of the event from 5:00
A.M. until 5:00 P.M. The directional signs shall only be located upon
public right-of-way and only with the consent of the owner of the
property at the location of the sign. All signs must be freestanding
and must bear the name, address, and phone number of the party responsible
for such sign.
2.
Temporary
signs not over forty-eight (48) square feet in area denoting the architect,
engineer, project name, source of financing, and/or contractor when
placed upon work under construction provided that not more than two
(2) such signs are permitted on a single premise.
3.
Municipal
signs, legal notices, traffic control devices, and such temporary
or emergency non-advertising directional signs as may be approved
by the City Engineer or his/her designated representative.
4.
Political
signs not over eight (8) square feet in area that are placed in a
residential district only and that are removed within ten (10) working
days after the date of the election to which they pertain. The City
Engineer or his/her designated representative is authorized to remove
and destroy, without notice, political signs placed on any public
right-of-way or utility or drainage easement.
5.
Signs
not over three (3) square feet in area located on residential property
and designating only the name of the occupant and/or the address of
the premises where displayed.
6.
Directional
signs shall only be located upon public right-of-way and only with
the consent of the owner of the property at the location of the sign.
All signs must be freestanding and must bear the name, address, and
phone number of the party responsible for such sign.
7.
The
official flag of the United States of America, the State of Missouri,
the County of St. Louis and the City of Bridgeton when displayed on
a pole not exceeding thirty (30) feet in height. The official flag
of any other nation or State or of a church, synagogue or other similar
place of worship, when displayed on not more than one (1) pole.
8.
Temporary
window signs not exceeding in size fifteen percent (15%) of the window
area per window pane (not cumulative total of all window area) and
displayed for a period not exceeding fourteen (14) days no more than
three (3) times per year.
9.
Temporary graphics as may be authorized under Section 410.050(K) of the zoning ordinance.
10.
Solid
color ribbons affixed to private dwellings and surrounding property
including adjacent road right-of-way, with the exception of traffic
control devices, light standards and fire hydrants.
11.
Street
address numbers applied to or affixed to an exterior window or wall;
provided that street address numbers affixed or applied to an exterior
wall shall not exceed twenty percent (20%) of the signable area and
street address numbers affixed or applied to an exterior window shall
not exceed twenty percent (20%) of the area of the window.
12.
Subdivision monuments and/or subdivision signs within the public
right-of-way, excluding electronic message centers, provided that
the subdivision trustees, subdivision association, or residents of
the subdivision adequately maintain said monument and/or sign.
[Ord. No. 14-12 §1, 5-7-2014]
13.
Vehicles with permanently affixed or applied signage.
[Ord. No. 13-24 §2, 7-17-2013]
a.
Vehicles used in the day-to-day operation of an establishment
located in the "B-1," "B-2," "B-3," "B-4," or "B-5" Commercial Districts,
with permanently affixed or applied signage, provided that such vehicles
are parked in any parking space designated for use by the establishment,
as authorized by the Zoning Ordinance, and that such space is no closer
to any street line than the facade of the building located on the
property where the vehicle is parked. Where such parking is not available,
said vehicle shall park as far from, and in the area least visible
to, all rights-of-way, and in such a manner as not to obscure visibility
of other establishments located on the property, as determined by
the Building Code Official, except when said vehicles are parked only
to make immediate deliveries or pickups or when specifically allowed
or restricted by an ordinance authorizing a special use permit or
planned commercial district, or as authorized by a promotional activity
permit.
b.
In the event of a disagreement between the applicant and the Building Code Official as to the location of parking that is as far from, and in the area least visible to, all rights-of-way, and is located in such a manner as not to obscure visibility of other establishments located on the property, said disagreement shall be submitted to the City Council, which shall make the decision on such disagreement, provided that the applicant shall have the right to appeal such decision pursuant to Section 410.180, Board of Adjustment.
c.
Vehicles used in the day-to-day operation of an establishment
located in the "M-1," "M-2", or "M-3" Manufacturing District, with
permanently affixed or applied signage, except where specifically
restricted by an ordinance authorizing a special use permit or planned
manufacturing district.
14.
A single sandwich board sign (as defined herein) may be posted outside
for a business establishment, provided that such sign:
[Ord. No. 13-24 §2, 7-17-2013]
a.
Is freestanding and is not anchored, attached or chained to
the sidewalk, utility or light poles, or any other structure or appurtenance;
b.
Is not located on public rights-of-way, private drives, parking/loading
spaces or landscape areas;
c.
Is located within the prolongated limits of the commercial space
to which the sign refers and is within six (6) feet of the primary
entrance to the establishment;
d.
Is placed so that a clearance of paved walkways of at least
four (4) feet is maintained and that free ingress/egress from any
door, window or fire escape is not prevented;
e.
Is displayed during business hours only;
f.
Emits no sounds, has no moving parts, and utilizes no lights
or highly reflective material;
g.
Is no larger than seven (7) square feet in area per side;
h.
Is constructed of durable materials that present a finished
appearance; and
i.
Is designed to withstand wind loads.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 89-92 §1, 11-1-1989; Ord.
No. 94-15 §1, 3-9-1994; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
Except as provided in Sections 515.070, 515.090, 515.092, 515.095, 515.100, 515.105 and 515.110, the following street graphics are specifically prohibited:
1.
Off-premises
graphics, except to the extent that Missouri law may require the City
to permit billboards within six hundred sixty (660) feet of the nearest
edge of the right-of-way of any interstate or primary highway in areas
zoned industrial or commercial.
2.
Graphics
which by color, location and/or design resemble or conflict with traffic
control signs or signals.
3.
Devices such as flags, banners, streamers and/or pennants affixed on poles, wires, or ropes, except as provided in Section 515.070; flashing lights, fluttering or wind- operated devices, and flashers, animators or mechanical movement or contrivances of any kind, other than permitted electronic message centers and permitted digital billboards.
4.
Paper
posters and painted signs applied directly to the wall of a building
or a pole or other support.
5.
Portable
street graphics of any type.
6.
Revolving
street graphics of any type.
7.
Street
graphics in residential districts relating to home occupations.
8.
Street
graphics attached to parking lot light standards.
9.
Open
flames and torches.
10.
Rocks,
bricks or blocks forming letters or words.
11.
Reader
boards and electronic message centers greater than fifty (50) square
feet in area.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 89-92 §2, 11-1-1989; Ord.
No. 91-86 §6, 12-4-1991; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
In business
and manufacturing districts, marquee signs are permitted for all activities.
Marquee signs may extend not more than six (6) feet above nor more
than one (1) foot below the canopy; provided that such sign shall
be at least eight (8) feet above the level of the ground beneath it.
Marquee signs shall not exceed the allowable size of a pole sign at
the same location. A marquee sign would substitute for an allowable
wall sign.
B.
Signs
not exceeding six (6) square feet in area two (2) feet maximum in
height that provide direction only to pedestrian or motor vehicular
traffic entering, leaving or on the premises where such signs are
located are permitted in all districts. Directional signs are limited
to words like one-way, in, out, parking, exit and entrance.
C.
Signs
not exceeding thirty (30) square feet in area providing information
to the user of a drive-up window on the premises are permitted in
all business and manufacturing districts.
[Ord. No. 12-36 §1, 6-6-2012; Ord. No. 13-08 §1, 2-6-2013]
A.
When
determining whether an electronic message center or reader board is
permitted, such street graphics shall be subject to all applicable
provisions pertaining to the type of signs on which they are placed
or method by which they are mounted (e.g. wall sign, pole sign, ground
sign, etc.) and the zoning districts in which they are located and
such street graphics shall also be subject to the following limitations:
1.
In all non-residential districts, electronic message centers shall
display static images only. Such static images shall be displayed
for a period of at least five (5) seconds before transitioning to
another static image. Electronic message centers shall be designed
and maintained to avoid illumination of residential interiors.
[Ord. No. 14-12 §2, 5-7-2014]
2.
In residential zoned districts, reader boards shall be permitted, provided such reader boards are fifteen (15) feet in area or less and are located at hospitals, churches, synagogues or other similar places of worship, community centers, public or private schools or buildings or structures owned or leased and used by other public, semi-public, or civic organizations. Electronic message centers are not permitted in residential zoned districts and may not be permitted in residential districts as part of a sign package under Section 515.120 of the Municipal Code.
[Ord. No. 14-12 §2, 5-7-2014]
3.
With
regard to electronic message centers, transitions from one static
image to the next shall appear to be instantaneous without the appearance
of animation, flashing, scrolling or movement of any kind.
4.
All
electronic message centers shall come equipped with automatic dimming
technology which automatically adjusts the sign's brightness in direct
correlation with natural ambient light conditions.
5.
No electronic
message center or reader board shall exceed a brightness level of
three-tenths (0.3) foot-candles above ambient light as measured using
a foot-candle (lux) meter at a preset distance depending on sign area,
measured as follows:
|
Area of Sign
(square feet)*
|
Measurement Distant
(feet)
| |
|---|---|---|
|
10
|
32
| |
|
15
|
39
| |
|
20
|
45
| |
|
25
|
50
| |
|
30
|
55
| |
|
35
|
59
| |
|
40
|
63
| |
|
45
|
67
| |
|
50
|
71
| |
|
55
|
74
| |
|
60
|
77
| |
|
65
|
81
| |
|
70
|
84
| |
|
75
|
87
| |
|
80
|
89
| |
|
85
|
92
| |
|
90
|
95
| |
|
95
|
97
| |
|
100
|
100
|
|
|
*
|
For signs with an area in square feet other than those specifically
listed in the table (i.e. 12 sq. ft., 400 sq. ft., etc.), the measurement
distance may be calculated with the following formula:
| |||
|---|---|---|---|---|---|
|
|
|
|
| ||
|
Measurement Distance =
|
√Area of Sign Sq. Ft. x 100
| ||||
6.
Electronic
message centers displaying time and temperature are permitted in all
business and manufacturing districts. They may be displayed as a pole,
ground or projecting sign and are subject to the regulations applicable
to such signs at the same location.
7.
Off-premises
reader boards and electronic message centers are prohibited.
[Ord. No. 94-15 §2, 3-9-1994; Ord. No. 98-10 §2, 1-21-1998; Ord.
No. 98-25 §1, 3-4-1998; Ord. No. 98-51 §1, 6-3-1998; Ord.
No. 98-65 §§1 — 2, 9-2-1998; Ord. No. 98-75 §1, 10-21-1998; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012]
A.
Billboards shall be permitted as required by State law when a permit therefor has been issued as provided in Section 515.100, and in accordance with other applicable Sections of the City Code, and when the applicant has obtained a permit therefor from the Missouri Highway and Transportation Commission as provided by Missouri Statute.
B.
The following
regulations shall apply to permitted billboards:
1.
Lighting.
a.
No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. No flashing, intermittent, or moving light or lights will be permitted except (1) scoreboards and other illuminated signs designating public service information, such as time, date, or temperature, or similar information, will be allowed; and (2) digital billboards may be allowed only upon the issuance of a sign special use permit pursuant to Section 515.100(E)(2) and subject to the Missouri Highway and Transportation Commission regulations and the City Code.
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 the 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 driver'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.
2.
Size of billboards.
a.
The
maximum sign area for any billboard shall be eight hundred (800) square
feet with a maximum height of thirty (30) feet and a maximum length
of seventy-two (72) feet, inclusive of border and trim but excluding
the base or apron, supports, and other structural members. The area
shall be measured as established in rules promulgated by the Missouri
Highway and Transportation Commission.
b.
The
maximum size limitations shall apply to each side of a sign structure,
and signs 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 sign
structure shall be considered as one (1) sign.
3.
Spacing of billboards.
a.
Along
interstate highways and freeways on the Federal-aid primary system,
no billboard structure shall be erected within one thousand four hundred
(1,400) feet of an existing billboard on the same side of the highway.
b.
Along
non-freeway Federal-aid primary highways, no billboard structure shall
be erected within six hundred (600) feet of any existing billboard.
c.
Roof
signs, wall signs, marquee signs and window signs 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.
d.
Directional
or other official signs or those advertising the sale or lease of
the property on which they are located shall not be counted, nor shall
measurements be made from them for the purpose of compliance with
spacing provisions.
e.
No
sign 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.
f.
On
interstate highways and freeways on the Federal-aid primary system,
no sign shall be located adjacent to or within five hundred (500)
feet of an interchange, intersection at grade, or safety rest area.
Such distance shall be measured from the beginning or ending of the
pavement widening at the exit from or entrance to the main traveled
way.
g.
The
measurements in this Section shall be the minimum distances between
billboard sign structures measured along the nearest edge of the pavement
between points directly opposite the signs along each side of the
highway and shall apply only to billboard sign structures located
on the same side of the highway involved.
4.
Distance from residential property. No off-premises graphics
shall be located closer than five hundred (500) feet to residentially
zoned property.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 98-62 §1, 8-19-1998; Ord. No. 99-08 §4, 2-3-1999; Ord.
No. 04-34 §14, 5-19-2004; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012]
B.
For all street graphics other than billboards, a City permit is required pursuant to Subsection (D) below, prior to erection, installation, alteration or refacing of said street graphic or any sign or support structure related thereto.
C.
For all billboards, a City permit is required pursuant to Subsection (E) below, prior to erection, installation, alteration or refacing of said billboard or any sign or support structure related thereto.
D.
Parties
who desire to erect, install, alter or reface a street graphic or
any sign or support structure, other than a billboard, shall file
an application with the City Engineer (or such other City officer
as the Mayor may, from time to time, direct) along with a fee in the
applicable amount listed below:
The fee shall be one hundred dollars ($100.00) plus the applicable
amount listed below:
1.
Signs
less than twenty-five (25) square feet in size: Thirty dollars ($30.00).
2.
Signs
at least twenty-five (25) square feet but less than fifty (50) square
feet in size: Fifty dollars ($50.00).
3.
Signs
at least fifty (50) square feet but less than one hundred (100) square
feet in size: One hundred dollars ($100.00).
4.
All
signs one hundred (100) square feet or larger in size: One hundred
fifty dollars ($150.00).
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Refacing of one (1) panel space on a multi-panel pole, ground,
or monument sign may be approved administratively by the City Engineer;
provided that the panel is replaced with a new panel of like size,
materials, colors, and is otherwise harmonious with the existing panels.
If the City Engineer (or his designated official) determines that
the panel is not harmonious with the existing panels, the applicant
may appeal the decision of the City Engineer to the Design and Review
Board. The fee for a panel reface shall be fifty dollars ($50.00).
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The application shall include the plans and specifications for
each proposed street graphic in a manner that will fully advise and
acquaint the City with the location, dimensions, construction, material,
method of support and manner of illumination proposed to be used.
All street graphics shall comply with all applicable City, County
and State codes, including, but not limited to, building, electrical,
and construction codes. All street graphics that are to be illuminated
by artificial light require a separate electrical permit and inspection
as provided in the St. Louis County Electrical Code. Upon confirmation
by the City that the applicant has submitted all required materials,
the City Engineer shall forward the application to the Design and
Review Board. The Design and Review Board shall determine whether
the proposed street graphic is compatible aesthetically with the surrounding
area. If the Design and Review Board shall make such determination
in the affirmative, the City shall grant the permit, and if the Design
and Review Board shall not make such a determination in the affirmative,
the City shall not grant such permit.
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E.
Billboards.
1.
Billboards. Parties who desire to erect, install, or alter
a billboard, other than a digital billboard, shall file an application
with the City Engineer (or such other City officer as the Mayor may,
from time to time, direct) along with a fee in the amount of five
hundred dollars ($500.00), which shall be in lieu of all other permits
and inspection fees provided herein. 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, material, method of support and manner of illumination
proposed to be used and shall include a copy of the permit issued
by the Missouri Highway and Transportation Commission. 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 illuminated by artificial light require a
separate electrical permit and inspection as provided in the St. Louis
County Electrical Code. Upon confirmation by the City that the applicant
has submitted the application fee and all required materials, the
City Engineer, or other officer designated by the Mayor, shall determine
whether the proposed billboard is in compliance with applicable regulations
and ordinances. If the City Engineer, or other officer designated
by the Mayor, shall make such determination in the affirmative, the
City shall grant the permit, and if the City Engineer, or other officer
designated by the Mayor, shall not make such a determination in the
affirmative, the City shall not grant such permit.
2.
Digital billboards — sign special use permit.
a.
The
City Council finds it necessary for the promotion and preservation
of the public health, safety, welfare and aesthetics of the community
that the construction, location, size, conspicuity, brightness, legibility,
operational characteristics and maintenance of digital billboards
be controlled. Digital billboards have a direct and substantial impact
on traffic safety, pedestrian safety, community aesthetics and property
values. The City Council recognizes that a great percentage of billboards
that are blighted, unattractive, or provide an unsafe distraction
to motorists can be corrected by sensible quality control through
adequate maintenance, inspection and operational guidelines. With
respect to digital billboards, the City Council finds that they are
highly visible from long distances and at very wide viewing angles
both day and night and are designed to catch the eye of persons in
their vicinity and hold it for extended periods of time. If left uncontrolled,
digital billboards constitute a serious traffic safety threat. The
City Council intends by this Section of the City Code to establish
a legal framework for digital billboard regulation in the City. The
regulations promulgated in this Section are intended to facilitate
an easy and agreeable communication between people while protecting
and promoting the public health, safety, welfare and aesthetics of
the community. The purposes of the regulations promulgated in this
Section include:
(1)
To eliminate potential hazards to motorists and pedestrians using
public streets, sidewalks, and rights-of-way;
(2)
To safeguard and enhance property values;
(3)
To control nuisances;
(4)
To protect government investments in public buildings, streets, sidewalks,
traffic control and utility devices, parks, and open spaces;
(5)
To preserve and improve the appearance of the City through adherence
to aesthetic principles, in order to create a community that is attractive
to residents and to non-residents who come to live, visit, work, or
trade;
(6)
To eliminate excessive and confusing sign displays;
(7)
To implement the City's Comprehensive Plan;
(8)
To encourage signs which by their design are integrated with and
harmonious to the surrounding environment and the buildings and sites
they occupy;
(9)
To promote the public health, safety, and general welfare; and
(10)
To provide for fair and consistent enforcement of the regulations
set forth herein.
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Digital billboards need to be carefully regulated with respect
to location or operation for the protection of the community. Such
uses are classified in this Section as "sign special uses" and are
established and controlled by the following provisions of this Section.
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b.
The
City Council shall have authority to issue by ordinance "sign special
use permits" for digital billboards subject to the conditions, standards
and procedures contained in this Section as well as in such district
regulations.
c.
Parties
who desire to erect or install a digital billboard shall file an application
for a sign special use permit with the City Engineer, or such other
City Officer as the Mayor may, from time to time, direct, along with
a fee in the amount of five hundred dollars ($500.00), which shall
be in lieu of all other permits and inspection fees provided herein.
The application shall include the plans and specifications for each
proposed digital billboard in a manner that will fully advise and
acquaint the City with the location, dimensions, construction, material,
method of support and manner of illumination proposed to be used and
necessary descriptive material relating to the intensity and extent
of use and such other information as shall be required by the City
Engineer, or other officer designated by the Mayor, from time to time
and shall include a copy of the permit issued by the Missouri Highway
and Transportation Commission. All digital billboards shall comply
with all applicable City, County and State codes, including, but not
limited to, building, electrical, and construction codes. All digital
billboards require a separate electrical permit and inspection as
provided in the St. Louis County Electrical Code. Upon confirmation
by the City that the applicant has submitted the application fee and
all required materials, the City Engineer, or other officer designated
by the Mayor, shall forward the application to the City Council.
(1)
Upon the City Council's receipt of the application from the City
Engineer, or other officer designated by the Mayor, the City Council
shall determine whether such digital billboard would:
(b)
Promote the health, safety, morals or general welfare of the people
of the City of Bridgeton in accordance with and in the accomplishment
of the comprehensive zoning plan of the City, and in making such determination
the City Council shall consider the effect of such digital billboard
on:
(i)
Traffic conditions;
(ii)
The character of the neighborhood (including aesthetic compatibility);
and
(iii)
The general welfare of the community.
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If, by a majority vote, the City Council shall make such determination that the proposed digital billboard will not have an adverse affect on the above listed items (a), (b) and (c) and it satisfies the requirements for digital billboards pursuant to Section 515.105, then it shall grant such sign special use permit, and if the Council shall not make such determination in the affirmative, by a majority vote, it shall not grant such permit.
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(2)
The City Council may provide such terms, conditions or restrictions
upon the construction and location of a digital billboard, including
a requirement that space be made available on the digital billboard
for use by the City, as the City Council may determine, in order to
further the general objectives of this Chapter and to minimize the
possibility of creating an adverse affect on one (1) of the foregoing
conditions.
d.
Revocation of sign special use permit.
(1)
A sign special use permit may be revoked by the City Council if the
terms of the permit have been violated or the provisions of the City
Code have been violated. A sign special use permit shall be automatically
revoked if it has not been exercised within any period of two (2)
consecutive years after the date it was granted; provided however,
the City Council may, upon application of the landowner made before
or after the expiration of such sign special use permit, grant a one
(1) year extension thereof.
(2)
Procedure for revocation by Council.
(a)
In the event a sign special use permit has been violated or the provisions
of the City Code have been violated, a revocation of such permit may
be initiated by the City Council. Any proposition to revoke a sign
special use permit on the grounds that the terms of the permit or
the City Code have been violated shall be referred to the City Engineer,
which shall give not less than sixty (60) days' notice by certified
mail or by personal service to the owner of the property for which
such permit was issued and to the applicant to whom the sign special
use permit was issued of the basis for the alleged violation, the
remedial action which is required to correct the violation and that
a failure to take the remedial action within sixty (60) days of the
date of the notice may result in the sign being removed.
(b)
Any such notice shall be directed to such property owner at the address
shown on the tax records for said property in the City offices and
to the digital billboard operator at the address shown on the sign
special use permit application for said digital billboard in the City
offices, or if no such address(es) are listed in the City offices,
in the office of the Department of Revenue of St. Louis County. If
no address of the property owner and/or applicant is indicated in
the records of either the City or the County, no notice need be mailed
to the property owner and/or applicant. In such case, the City shall
post a notice on the sign to which the sign special use permit pertains.
In any event, the failure of any party entitled to notice hereunder
to receive the same shall not invalidate any proceeding to revoke
a sign special use permit.
(c)
If the above described sixty (60) day period expires without remediation,
the City Council shall hold a public hearing on the proposed revocation.
At least fifteen (15) days' notice of the date, time and place of
such hearing shall be published in an official newspaper or a newspaper
of general circulation in the City of Bridgeton. A sign special use
permit revocation may be effected by a majority vote of all members
of the City Council upon a finding that the terms of the sign special
use permit or the City Code have been violated.
F.
The permit
fees herein provided for shall cover the inspection of the location
of the proposed sign and the inspections during and after construction,
except as prohibited by the laws of Missouri.
[Ord. No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
All digital
billboards shall comply with the following requirements:
1.
The
static display time for each message is a minimum of eight (8) seconds;
2.
The
time to completely change from one message to the next is a maximum
of two (2) seconds;
3.
The
change of message must occur simultaneously for the entire sign face;
4.
The
outdoor advertising structure meets all other requirements in Sections
226.500 to 226.600, RSMo., and the City Code; any such sign shall
be designed such that the sign will freeze in one (1) position if
a malfunction occurs;
5.
The
image does not flash or flicker in accordance with Section 226.540(1)(A),
RSMo.;
6.
The
image is projected onto a securely fixed, substantial structure and
in accordance with the provisions in Sections 226.500 to 226.600,
RSMo.;
7.
No projected
image(s) or message(s) shall appear to move or be animated;
8.
No digital
billboard shall exceed a brightness level of three-tenths (0.3) foot-candles
above ambient light as measured using a foot-candle meter at a present
distance depending on sign area, measured as follows:
|
Billboard Dimensions
(feet)
|
Measurement Distance
(feet)
| |
|---|---|---|
|
11 x 22
|
150
| |
|
10.5 x 36
|
200
| |
|
14 x 48
|
250
|
9.
All
digital billboards shall come equipped with automatic dimming technology
which automatically adjusts the sign's brightness in direct correlation
with natural ambient light conditions.
10.
The
City of Bridgeton shall be entitled to display messages on any digital
billboard approved by the City ("City message"). The owner or lessee
of such digital billboard shall display such City message on its digital
billboard for a duration no shorter than the longest other message
on the digital billboard. If the City of Bridgeton does not submit
a City message, the owner or lessee of the digital billboard shall
not be obligated to display a City message until such time a City
message is submitted. The City of Bridgeton may withdraw its City
message and replace it with a new City message upon written notice
to the owner of the digital billboard.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 91-86 §7, 12-4-1991; Ord.
No. 98-25 §1, 3-4-1998; Ord. No. 98-53 §§1 —
2, 7-1-1998; Ord. No. 99-08 §5, 2-3-1999; Ord. No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
Any street
graphic and/or sign lawfully erected and in existence at the effective
date of this Chapter of the City Code of Ordinances or any amendment
thereto that does not conform to the regulations pertaining to street
graphics and signs contained in said Chapter may be continued, except
as otherwise provided herein, provided it shall be kept in good repair
and maintenance including repainting or refacing with the identical
street graphic.
B.
Whenever
any non-conforming sign is damaged or destroyed by any means to the
extent of sixty percent (60%) or more of its replacement value at
that time, the sign may be rebuilt or replaced and used thereafter
only in conformance with the regulations pertaining to street graphics
and signs.
C.
Whenever
any non-conforming on-premises graphic or the structure on which it
is located ceases to be used or does not contain a street graphic
applicable to a presently occurring activity on the premises for a
period of thirty (30) days, or any non-conforming structure for off-premises
graphics ceases to be used for the display of a street graphic for
a period of thirty (30) days, the sign or structure shall be removed
by the owner of the land on which it is located within fifteen (15)
days thereafter.
E.
A non-conforming
street graphic and/or sign may be relocated on the same or different
premises and/or enlarged only if both the street graphic and the sign
are brought into conformity with the provisions of the regulations
pertaining to street graphics and signs.
F.
Any billboard
and the structure therefor erected after August 15, 1984, within six
hundred sixty (660) feet of any interstate highway or primary State
highway shall be removed within three (3) years after the date Missouri
State law may cease to require the City of Bridgeton to permit off-premises
street graphics in such area.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 04-34 §15, 5-19-2004; Ord. No. 08-14 §1, 3-19-2008; Ord.
No. 12-36 §1, 6-6-2012; Ord. No. 14-12 §3, 5-7-2014]
A.
The owner or developer of a tract of land within a Planned Commercial
or Planned Manufacturing Zoning District, comprising an area of one
(1) acre or more, and which is proposed as the site for a single integrated
development consisting of multiple uses in one (1) or more buildings
and associated off-street parking and loading areas, may propose to
the Design and Review Board a sign package of graphics and signs for
such development. The sign package shall include necessary special
graphics and shall provide styles, sizes, locations and colors appropriate
to the function and architectural character of the proposed development
and compatible with existing development on adjacent properties. The
sign package shall conform to all requirements of this Chapter except
those regarding the size, height, location on the property, type and
number of signs allowed, which may be varied by the Board if it finds
the overall sign package to be in harmony with the intent and purpose
of the sign regulations; provided such variations do not exceed either
one hundred twenty-five (125%) of the height or one hundred twenty-five
(125%) of the sign area otherwise allowed in this Chapter. The Design
and Review Board may not approve an electronic message center or scoreboard
as part of a sign package, except when such electronic message center
or scoreboard and associated uses are located in a non-residential
zoning district. In no case shall the sign package contain a request
for variation that is identical to or substantially the same as any
request for variation for the same property that was previously denied
by the City Council under procedures contained in this Chapter, as
determined by the City Engineer. At the time of proposing the sign
package, the owner or developer shall pay a fee of four hundred dollars
($400.00). If at any time the owner or developer wishes to amend the
sign package, said owner or developer shall propose such amendment
to the Design and Review Board and simultaneously shall pay a fee
of one hundred dollars ($100.00).
B.
Upon approval of an overall sign package by the Design and Review
Board, no permit shall be issued for a sign and/or street graphic
on the premises covered by the sign package which does not conform
with the approved sign package. Applications for such permits shall
be processed in the same manner as any other application for a sign
permit and shall be subject to the same schedule of permit fees.
C.
If the owner or developer of the Planned Commercial or Planned Manufacturing
District fails or is unable to carry out the plan for development
of the site in a timely manner, the Design and Review Board may rescind
its approval of the sign package. Such rescission shall be considered
only after the Board has notified the owner or developer of its intent
and has provided an opportunity for the owner or developer to appear
before the Board to state his or her views on the contemplated action.
D.
Sign packages or sign programs approved prior to May 1, 2014, shall
be considered a preexisting legal non-conformity and may be maintained.
However, no amendments to such sign packages or sign programs shall
be permitted that do not conform to the requirements of this Section.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012; Ord.
No. 14-12 §4, 5-7-2014]
A.
Any person desiring a variation in the regulations pertaining to street graphics and signs, or who is aggrieved by any decision made by the City Engineer or his designated representative in administering such regulations, may appeal such decision as provided in this Section. Notwithstanding the foregoing, if such person is eligible for a sign package pursuant to Section 515.120, such person must apply for a sign package before proceeding with this appeal process and, in such case, the decision of the Design and Review Board may be appealed as provided in this Section. Any such appeal shall be taken within thirty (30) days of the date of denial of a permit for a street graphic or sign package by filing with the City Engineer a notice of appeal specifying the grounds thereof. All such appeals shall first be submitted to the Design and Review Board for review, and its recommendations and report shall be transmitted to the City Council with all the papers constituting the record upon which the action appealed from is taken. Six (6) affirmative votes of the City Council shall be required to grant a variance from or reverse a decision made by the City Engineer or his representative in administering the regulations pertaining to street graphics and signs or to countermand the recommendation of denial by the Design and Review Board.
B.
To vary the regulations of the Sign Ordinance the City Council shall
make a finding of fact based upon the evidence presented to it in
each specific case, showing that all of the following conditions exist:
1.
That the conditions upon which the requested variation is based will
result in a particular hardship upon the appellant, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were carried out.
2.
That the conditions upon which the requested variation is based are
not generally applicable to other property or similar activities in
the City.
3.
That the alleged difficulty or hardship has not been created by any
person acquiring or holding an interest in the property since June
6, 1984.
4.
That the granting of the variation will not endanger the public safety,
or be detrimental to the public welfare or substantially injurious
to other property or activities in the neighborhood in which the property
is located.
C.
The City Council may impose such conditions and restrictions upon
the premises benefited by a variation as may be necessary to prevent
injurious effects therefrom upon other property or activities in the
neighborhood and to better carry out the general intent of the regulations.
D.
In the event that any application for sign variance is denied by
the City Council, a reapplication concerning the same property or
site shall not be accepted until six (6) months following the date
of final action by the City Council on the original application has
elapsed, unless it can be shown to the satisfaction of the City Engineer
or his designated representative in administering such regulations
that:
[Ord. No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
Any person, firm, or corporation feeling itself aggrieved by any decision of the City Council relating to the denial of a sign special use permit for a digital billboard 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 City Council in accordance with Section 410.180.
[Ord. No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
All street
graphics, together with all their supports or structures, shall be
kept in good repair in accordance with the provisions of this Section
and all applicable codes.
B.
All street
graphics which are not galvanized or constructed of approved corrosion-
resistant, non-combustible materials shall be painted whenever, in
the opinion of the City Engineer (or such other City 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 property owner, street graphic
owner or lessee of every street graphic to maintain the immediate
premises occupied by the street graphic in a clean and sanitary condition.
D.
All wiring
and electrical connections shall be in accordance with the St. Louis
County Electrical Code of the City and all other laws or ordinances
controlling wiring and electrical connections within the City.
[Ord. No. 84-54 §1, 8-15-1984; Ord. No. 98-25 §1, 3-4-1998; Ord.
No. 08-14 §1, 3-19-2008; Ord. No. 12-36 §1, 6-6-2012]
A.
The following street graphics or signs are hereby declared to be unsafe and dangerous when any street graphic or sign becomes insecure, in danger of falling or otherwise unsafe, or if any street graphic or sign shall be unlawfully entailed, erected, or maintained in violation of any of the provisions of this Chapter 515.
B.
The following
billboards are deemed unlawful and shall be removed by the owner of
the property on which they are located:
1.
Billboards
and sign structures erected pursuant to any requirement of the Missouri
Statutes which require a City to permit billboards shall become unlawful
ninety (90) days after there shall cease to be any such statutory
requirement that the billboards be permitted; or
2.
Billboards
or sign structures which are obsolete; (signs shall not be considered
obsolete solely because they temporarily do not carry an advertising
message); or
3.
Billboards
or sign structures that are not in good repair; or
4.
Billboards
not securely affixed to a substantial structure; or
5.
Billboards
which attempt or appear to attempt to regulate, warn, or direct the
movement of traffic or which interfere with, imitate, or resemble
any official traffic sign, signal, or device; or
6.
Billboards
which are erected or maintained upon trees or painted or drawn upon
rocks or other natural features.
C.
The City Engineer or any member of his department designated by him is authorized to remove or have removed any unlawful sign or street graphic, or any sign or street graphic erected without a permit or any sign or street graphic in violation of Section 515.137 or any sign deemed to be unsafe and dangerous as provided in Subsection (A) of this Section or unlawful as provided in Subsection (B) of this Section, provided notice and opportunity to be heard are given to the owner or person in charge of said sign as hereinafter set forth.
D.
Notice
and opportunity to be heard shall be given to the owner or person
in charge of such sign or street graphic as follows:
1.
Notice
and opportunity to be heard shall be given to the owner or person
in charge of a sign or street graphic prior to the removal of any
such sign or street graphic except in a situation determined by the
City Engineer or his designated representative to be an "emergency
situation." In all emergency situations, notice and opportunity to
be heard shall be given to the owner or person in charge of a sign
or street graphic as soon as possible after the sign has been removed.
As used herein, "emergency situations" shall include those situations
where signs are erected in areas or are maintained in a condition
which pose a real and imminent danger or hazard to the safety of others
or which are a menace to traffic.
2.
The
notice required hereunder shall be in writing and shall be mailed
to the owner or person in charge of the sign as reflected in the official
records by certified mail or by personal service. Notice shall be
mailed at least sixty (60) days in advance of any removal. In the
event the name and address of the registered owner or person in charge
of a sign cannot be ascertained, notice shall be posted in a conspicuous
place where the sign is erected. The notice shall specify the basis
for the alleged unlawfulness, shall specify the remedial action which
is required to correct the unlawfulness and shall advise that a failure
to take the remedial action within sixty (60) days of the date of
the notice will result in the sign being removed. The notice shall
also include a description of the sign, the location of the sign,
the amount of any actual or proposed removal or storage charges, the
owner's right to a hearing concerning the removal, the manner in which
a hearing may be obtained or a bond posted, the right to bring a representative
to the hearing, and the date after which the sign will be sold.
3.
If the
problem has not been remediated within the above-described sixty (60)
day period, the City Council shall hold a public hearing on the proposed
removal of the sign. At least fifteen (15) days' notice of the date,
time and place of such hearing shall be published in an official newspaper
or a newspaper of general circulation in the City of Bridgeton. Formal
rules of evidence shall not apply; however, the party shall have the
right to present evidence, confront and cross-examine witnesses, and
receive a written decision based upon the facts adduced at the hearing.
4.
The
City Council shall, within two (2) business days of conducting a hearing
under this Section, state in writing its decision as to whether such
sign is unlawful or erected without a permit, along with his reasons
for so finding. The written decision, along with the reasons for such
decision, will be mailed or posted in the manner set forth herein
for providing notice of hearing. Such written decision shall constitute
a full and final determination of the matters in dispute.
E.
The City
Engineer or his designated representative is authorized to go upon
any premises in the City for the purpose of removing signs under the
provisions of this Section:
1.
For
which it has been determined that an emergency situation exists; or
2.
For which a final determination has been made to the sign is unlawful or has been erected without a permit or street graphic in violation of Section 515.137 or any sign deemed to be unsafe and dangerous as provided in Subsection (A) of this Section or unlawful as provided in Subsection (B) of this Section.
F.
The owner
or person in charge of any sign or street graphic so removed may recover
same upon furnishing evidence of his identity and ownership of the
sign, signing a release and payment of all costs, expenses and charges
involved in removal and storage of such sign or street graphic, or
posting bond therefor pending the outcome of any hearing requested.
G.
Any sign
or street graphic not claimed within thirty (30) days after removal
may be destroyed or sold in any commercially reasonable manner, and
the proceeds of the sale applied toward the charges for removal and
storage, and the balance of the proceeds, if any, shall be paid to
the City's general funds.
[Ord. No. 12-36 §1, 6-6-2012]
Whenever a commercial sign would be permitted under this Chapter,
a sign bearing a political or other non-commercial message may be
installed in its place, provided it otherwise complies with this Chapter.
Subject to the landowner's consent, a non-commercial message of any
type may be substituted for any duly permitted or allowed commercial
message or any other duly permitted or allowed non-commercial message;
provided that the sign structure or mounting device is legal without
consideration of message content. Such substitution of message may
be made without any additional approval or permitting. This provision
prevails over any morel 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 favoring
of any particular non-commercial message over any other non-commercial
message. This provision does not create a right to increase the total
amount of signage on a parcel, nor does it affect the requirement
that a sign structure or mounting device be properly permitted.
