[Ord. No. 149, 1999]
A.
This Off-Premises Billboard Ordinance is adopted in furtherance of
the following general purposes, in accordance with the provisions
of Section 71.288 of the Revised Statutes of Missouri:
1.
To preserve and promote the public health, safety, and welfare
of the citizens of the City of Leadington;
2.
To maintain and enhance the visual environment and scenic beauty
of the City of Leadington;
3.
To improve traffic and pedestrian safety; and
4.
To minimize the possible adverse effect of billboards upon nearby
public and private property.
[Ord. No. 149, 1999]
As used in this Chapter, the following terms shall have the
meanings indicated:
A billboard which has carried no message for more than one
hundred eighty (180) days or which no longer identifies a bona fide
business, lessor, service, owner, product or activity, date or time
of past event, and/or for which no legal owner can be found. This
definition shall also include any billboard structure which no longer
supports the billboard for which it was designed.
An area of special control that contains unique visual or
historic characteristics or whose natural beauty requires special
regulations to ensure that all billboards displayed within the area
are compatible with the area.
A billboard is an off-premises object, device, display, sign,
or structure, or part thereof, displayed outdoors or visible from
a public way, which is used to advertise, identify, display, direct
or attract attention to an object, person, institution, organization,
business, product, service event or location, or to express a point
of view, by any means, including words, letters, figures, design,
symbols, advertising flags, fixtures, colors, illuminations or projected
images. Each substantially different face of a billboard structure
shall constitute a separate billboard. Billboards do not include on-premises
commercial or political signage nor small commercial or non-commercial
signs temporarily placed in residential lawns by residents, owners,
contractors, realtors, or by or on behalf of political candidates
or issues.
The facing of a billboard, including copy, insignia, background,
structural supports, and border and trim. The measurement shall be
determined by the smallest rectangle inclusive of all letters and
images. The structural supports shall be excluded if they do not constitute
a major part of the billboard or if the structure is not used to identify
or attract attention to the business or product.
An area of special control which the City of Leadington designates
as appropriate for the display of billboards.
A billboard which identifies goods or services that are not
sold on the premises where the billboard is located.
A highway to which access is restricted except by ramps or
interchanges.
The contiguous land in the same ownership or control which
is not divided by a street.
Spacing of billboard shall be the minimum distance between
outdoor advertising billboard structures measured along the nearest
edge of the pavement between points directly opposite the billboards
along each side of the highway and shall apply to outdoor advertising
billboard structures located on both sides of the highway involved.
[Ord. No. 149, 1999]
A.
No new billboards shall be erected within the city limits of the City of Leadington, Missouri, except in billboard plazas or in designated areas of special control, pursuant to Section 415.060 of this Chapter. New billboards permitted by this Chapter shall conform to the height, size, lighting and spacing requirements prescribed by this Chapter, as modified by the designation of any area of special control in which the billboard is located.
1.
Height. All billboards shall be no greater than twenty-five
(25) feet in height.
2.
Size. Billboards shall contain no more than one hundred fifty (150) square feet in area. Except for billboards specifically exempted under Section 415.050 of this Chapter, only one (1) billboard shall be permitted on each billboard structure.
3.
Lighting. In addition to the lighting restrictions prescribed
in Section 226.540(1), RSMo. 1997 Supp., as amended, the provisions
of which shall be applicable to and incorporated by reference herein,
no billboard shall be so illuminated that it:
4.
Spacing. All billboards shall be subject to the following spacing
regulations. For the purpose of calculating spacing of billboards,
all measurements shall be made parallel to the roadway between perpendiculars
extended from the billboard locations in question.
a.
Interstate highways and freeways on federal-aid primary system:
b.
Non-Freeway Federal-Aid Primary Highways. Within the city limits
of the City of Leadington, no billboard shall be erected within one
thousand (1,000) feet of an existing billboard on either side of the
highway.
c.
Designated Scenic Roadsides. No billboards shall be permitted
in areas designated as scenic roadsides.
5.
Minimum Setbacks. All billboards and billboard structures must
be located at least twenty (20) feet from any property line and placed
so as not to pose a visibility or other hazard to vehicular traffic
in the vicinity of the sign.
[Ord. No. 149, 1999]
A.
The following are prohibited unless specifically stated otherwise
in this Chapter:
1.
Off-premises billboards, except in billboard plazas of designated
areas of special control.
2.
Animated And Moving Billboards. Off-premises billboards employing
movement, including, but not limited to, changeable copy signs, pennants,
flags, banners, streamers, propellers, discs and searchlights.
3.
Flashing Billboards. Off-premises billboards that include lights
which flash, blink or turn on and off intermittently, not including
time and temperature signs.
4.
Glaring Billboards. Off-premises billboards employing direct,
indirect, internal, flashing or other illumination with light sources
or reflectivity of such brightness that constitutes a hazard to ground
or air traffic, or which constitutes a hazard as determined by the
Administrator.
5.
Inflatable billboards and objects, including, but not limited
to, balloons.
6.
Roof Billboards. Off-premises billboards which are erected or
painted on a roof or which extend in height above the roofline of
the building on which the sign is erected.
7.
Simulated Traffic Signs And Obstructions. Any sign which may
be confused with or obstruct the view of any authorized traffic sign
or signal, or obstruct the sight distance triangle of any street or
highway intersection, or extent into the public right-of-way.
8.
Vehicular Billboards. Off-premises signs displayed on parked
or stationary vehicles, where the primary purpose of the vehicle is
to advertise a product or business, or to direct people to a business
or activity. For purposes of this Chapter, vehicular billboards shall
not include business logos, identification, or advertising on vehicles
primarily used for other business purposes.
[Ord. No. 149, 1999]
The following signs do not require permits or fee payments under Section 415.090 but must meet the other requirements of this Chapter: traffic control signs, traffic flow informational signs, directional signs, temporary signs and safety control signs.
[Ord. No. 149, 1999]
A.
The Board of Aldermen may by ordinance upon public notice and hearing,
designate billboard plazas or architectural, historic, scenic areas
or scenic roadsides as areas of special control.
B.
The Administrator shall maintain and shall continually revise a map
of the City of Leadington upon which the Administrator shall indicate
the boundaries of all designated areas of special control.
C.
The Board of Aldermen shall adopt special regulations for billboards
in areas of special control which shall be consistent with the character
of the area of special control.
[Ord. No. 149, 1999]
A.
All billboards shall be designed, constructed and maintained in compliance
with the following standards:
1.
All billboards shall comply with the applicable provisions of
any uniform building and electrical code which may be in force and
effect within the City of Leadington.
2.
All billboards regulated by this Chapter shall be constructed
of permanent materials and shall be permanently attached to the ground,
by direct attachment to a rigid wall, frame or structure.
3.
All billboards shall be maintained in good structural condition,
in compliance with all provisions of this Chapter.
[Ord. No. 149, 1999]
A.
Continuance. Each non-conforming billboard and billboard structure
shall be allowed to be displayed for five (5) years from the date
of adoption of this Chapter, to provide a reasonable opportunity for
the owner to benefit from the investment made in the billboard.
B.
Removal. Non-conforming billboards and billboard structures shall
be removed at the expense of the owner or lessor under the following
circumstances:
[Ord. No. 149, 1999]
A.
Enforcement Officer. All administration and enforcement of this Chapter
shall be primarily implemented by an enforcement officer ("Administrator")
designated by the Board of Aldermen. The Administrator shall have
the responsibility and full authority to administer and enforce all
provisions of this Chapter, other than those specifically reserved
by the Board of Aldermen. However, the provisions hereof shall in
all respects be enforceable by prosecution through the municipal court
of the City of Leadington, or by any civil action permitted by law
filed in any other court of competent jurisdiction. Reports of billboard
violations shall be submitted directly to the attention of the Administrator.
B.
Permit Procedure. A billboard permit shall be obtained prior to construction,
re-construction, moving or re-location, alteration, placement or repair
of any billboard within the City of Leadington. Building permits shall
be issued by the Administrator.
C.
Permit Application. All applications for billboard permits shall
be submitted to the Administrator, and shall include the following
information in written or graphic form:
1.
Application date;
2.
Name, address and telephone number of billboard owner and, if
different, the owner of the land upon which the billboard is to be
erected;
3.
Address of the property where the billboard or billboard structure
will be erected;
4.
Signature(s) of the billboard owner and, if different, the owner
of the underlying land;
5.
Location of the billboard on the property in relation to any
public right-of-way, lot lines, buildings, sidewalks, streets, and
other existing billboards and intersections;
6.
General description of structural design and materials of billboard;
7.
Drawings of the proposed billboard which shall contain specifications
indicating height, perimeter and area dimensions, means of support,
methods of illumination, if any, and any other significant aspect
of the proposed billboard;
8.
A boundary and sign survey showing the property and the proposed
sign;
9.
Certification from a licensed professional engineer that the
soil surface is capable of sustaining the proposed load and that the
electrical and structural strength of the proposed sign is satisfactory;
10.
Any other information requested by the Administrator in order
to carry out the purpose and intent of these regulations.
D.
Permit Fees. Each application for a billboard permit shall be accompanied
by the applicable permit fees which shall be established by the Board
of Aldermen from time to time.
E.
Permit Review. Within five (5) working days of receiving an application
for billboard permit, the Administrator shall review it for completeness.
If the Administrator finds that it is incomplete, the application
shall then be processed. If the Administrator finds that it is incomplete,
he or she shall, within such five-day period, send to the applicant
a notice of the specific deficiencies therein, with appropriate references
to the applicable provisions of this Chapter.
F.
Issuance Or Denial Of Permit. All billboard permits shall be dated
and numbered in the order of issuance. Within ten (10) working days
of the submission of a complete application for billboard permit,
the Administrator shall either:
1.
Issue the billboard permit, if the billboard that is the subject
of the application conforms in every respect with the requirements
of this Chapter; or
2.
Deny the billboard permit, if the billboard that is the subject
of the application fails in any way to conform to the requirements
of this Chapter. In case of a rejection, the Administrator shall specify
in the rejection the applicable sections of this Chapter with which
the billboard is inconsistent.
G.
Inspection Upon Completion. Any person installing, structurally altering
or relocating a billboard for which a permit has been issued shall
notify the Administrator upon completion of the work. The Administrator
shall then conduct an inspection within seven (7) working days. If
the construction is complete and in full compliance with this Chapter
and with any buildings and electrical codes then in effect in the
City, the Administrator shall affix to the billboard a permanent symbol
identifying the billboard and the applicable permit by number or other
reference. If the construction is substantially complete but not in
full compliance with this Chapter and any applicable codes, the Administrator
shall give the owner or applicant notice of the deficiencies and shall
allow an additional thirty (30) days from date of inspection for the
deficiencies to be corrected. If the deficiencies are not corrected
by such date, the permit shall lapse. If the construction is then
complete, the Administrator shall affix to the billboard the permanent
symbol described above.
H.
Lapses Of Billboard Permit. A billboard permit shall lapse if the
billboard is an abandoned billboard, or if the permitee's business
license lapses, is revoked or is not renewed. A billboard permit shall
lapse if the use of the billboard is discontinued for a period of
one hundred eighty (180) days or more. A billboard that was constructed
or maintained in conformance with a permit under this Chapter, but
for which the permit has lapsed, shall be in violation of the Chapter.
I.
Assignment Of Billboard Permit. A current and valid billboard permit
shall be freely assignable to a successor, as owner of the property
where the billboard is located or of the leasehold of the billboard,
subject to filing such application as the Administrator may require
and by paying any applicable fee. The assignment shall be accomplished
by filing and shall not require any further approval from the City.
J.
Violations. The Administrator, upon finding any provision of this
Chapter or any condition of a permit issued under this Chapter is
violated, is authorized to institute prosecution or other legal proceeds
to enforce this Chapter, including any injunctive or other legal or
equitable relief.
K.
Complaints And Revocations. The Administrator shall investigate any
complaints of violations of this Chapter and may revoke a permit if
there is any violation of the provisions of this Chapter or there
was misrepresentation of any material facts in either the application
or plans.
L.
Appeal Procedure. Any person applying for a billboard permit who
is denied a permit or disagrees with any ruling by the Administrator
may appeal to the Board of Aldermen. The Board may review or overturn
the ruling, but may not issue a billboard permit. The findings of
the Board are then remanded back to the Administrator for further
action consistent therewith.
M.
Permits For Existing Billboards. For any billboard already existing
in the City of Leadington on the effective date of this Chapter, an
application for a billboard permit must be submitted to the Administrator
within one hundred eighty (180) days. For any billboard on property
annexed at a later date, applications for billboard permits shall
be submitted within six (6) months of the effective date of annexation,
or within such period as may be established on an annexation agreement
between the City and landowner. Applications for permits for existing
billboards submitted within one hundred eighty (180) days of the effective
date of this Chapter shall be exempt from the initial fees adopted
under authority of this Chapter, but not from any subsequent fees.
N.
Business Tax. All new and existing billboards subject to this Chapter
shall be taxed at a rate to be established by the governing body of
the City of Leadington, not to exceed two percent (2%) of the gross
annual revenue produced by the billboard.
O.
Expiration Of Billboard Permits. If an approved billboard is not
erected within a permit of twelve (12) months from the date the permit
was originally issued, the permit shall expire and become null and
void.
P.
Fines. A person who violates the provisions of this Chapter or the
conditions of any permit shall be guilty of a civil violation. Each
day of the violation shall constitute a separate offense, subject
to a fine in the amount of one hundred dollars ($100.00). Any violator
shall also be liable for court costs and reasonable attorneys' fees
incurred in connection with the enforcement of these provisions.
Q.
Illegal Billboards. The Administrator may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a non-conforming billboard governed by Section 415.080, not in compliance with the provisions of this Chapter.
R.
Immediate Peril. If the Administrator shall find any billboard which
poses an immediate peril to persons or property, the billboard shall
be removed. If the Administrator cannot locate the billboard owner
or lessor for immediate removal of the billboard, he/she shall remove
or order the removal of the billboard at the expense of the billboard
owner or lessor.
[Ord. No. 149, 1999]
Any billboard, display or device allowed under this Chapter
may contained, in lieu of any other copy, any otherwise lawful, non-commercial
message, including any political message, that does not direct attention
to a business operated for profit or to a commodity or service for
sale, and that complies with all other requirements of this Chapter.
