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