[Adopted as Title 4, Ch. 3, of the 1978 Code; amended in
its entirety 4-16-2012 by Ord.
No. 660]
This article is adopted under the zoning authority of the Village
of Warrensburg in furtherance of the more general purposes set forth
in the zoning ordinance adopted April 16, 2012, in Ordinance No. 660.
The general purpose of these regulations is to further an overall
plan for the enhancement of public safety, consistent community development,
preservation of property values, and the general welfare of the Village,
more specifically to aid in traffic control and safety by reducing
the distractive characteristics of signs along public highways, township
roads and streets, lessen congestion of land and air space, avoid
uncontrolled proliferation of signs, preserve the wholesome and attractive
character of the Village and the various approaches to its communities
and recognize that the general welfare of the public includes a plan
that provides for a community that shall be beautiful as well as healthful,
spacious as well as clean, and well-balanced in growth and development.
As used in this article, the following terms shall have the
meanings indicated:
A billboard which has carried no message for more than 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. The definition shall also include
any billboard structure which no longer supports the billboard for
which it was designed.
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 noncommercial
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.
A light source which, in whole or in part, physically changes
in light intensity or gives the appearance of such change at intervals.
A billboard that was constructed in violation of regulations
that existed at the time it was built.
A billboard which was lawfully erected and maintained at
the effective date, April 16, 2012, of this article, or any amendment
thereto, that does not conform to the regulations of the district
in which it is located.
The continuous land in the same ownership or control which
is not divided by a highway, road or street.
Spacing of billboards 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.
Anything built that requires a permanent location.
The designated government official whose responsibility it
is to administer the provisions of this article, i.e., the Zoning
Officer. These activities may include, but are not limited to, reviewing
applications for billboard permits, corresponding and/or meeting with
applicants, issuing and denying billboard permits, inspecting billboards
and interpreting and enforcing the provisions of this article.
[Amended 6-7-2021 by Ord.
No. 764]
Off-premises billboards permitted in accordance with the requirements
of this article shall also comply with the following:
A.
All billboards shall be no greater than 50 feet in height with a
minimum clearance under the bottom of the sign of eight feet;
B.
All billboards shall be no greater than 288 square feet in area;
C.
All billboards shall not have more than four billboard faces, two
on each side, on each billboard structure;
D.
All billboards shall not be so illuminated such that it:
E.
All billboards shall not have any flashing illumination;
F.
All billboards shall not be erected within 1,500 feet of an existing
billboard on either side of the highway, township road or street;
G.
All billboards shall be located in areas with a Community Business
Zone, Highway Commercial Zone or Industrial Zone;
H.
All billboards shall be located at least 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 billboard;
I.
All billboards shall be located a minimum of 200 feet from a residential
zoned area;
J.
All billboards shall be located a minimum of 100 feet from any other
on-premises sign;
K.
All billboards existing as the effective date of this article and
which would otherwise be prohibited shall only be permitted to continue
as a nonconforming billboard as hereinafter provided:
(1)
In the event that a nonconforming billboard is discontinued for a
period of one year, then said billboard shall thereafter conform to
the requirements herein provided;
(2)
When a nonconforming billboard is damaged by wind, fire, explosion
or other casualty, act of God or the public enemy to the extent of
more than 50% of its value, then said billboard shall be restored
in conformity with the regulations and requirements herein provided;
(3)
These provisions apply in the same manner to a sign which may become
a nonconforming sign due to a later amendment to this article.
This article shall not apply to the following:
A.
Official notices authorized by a court, public body or public safety
official;
B.
Directional, warning or information signs authorized by federal,
state or municipal governments;
C.
Temporary political campaign signs may be erected and maintained
within the boundaries of private property only and shall not extend
over or into the public right-of-way and all such signs shall be removed
within 14 days following the date of election to which the signs pertain;
D.
Public signs or signs of a public, noncommercial nature to include
safety signs, danger signs, municipal identification signs, signs
indicating scenic or historic points of interest, memorial plaques,
signs and emblems of nationally recognized service club organizations
and all signs erected by an order of a public official in the performance
of a public duty;
E.
Flags bearing the official design of a nation, state, municipality,
educational institution or service organization when such flags are
appropriately and properly displayed;
F.
Underground public utility warning signs marking the routes of underground
pipes, conduits and cables;
G.
Issue of general public interest sign which depicts an issue of general
public interest and/or personal beliefs and views to same may be erected
and maintained within the boundaries of private property only and
shall not extend over or into public right-of-way and such sign is
to be removed within 14 days after the public interest question has
transpired or been finalized by court or other governmental mandate;
H.
Seed grain signs denoting seed brand and variety in demonstration
field plots for comparison viewing in farm field areas.
A.
Enforcement officer. All administration and enforcement of this article
shall be primarily implemented by the Zoning Officer or his/her designate
(the "Officer"). The Officer shall have the responsibility and full
authority to administer and enforce all provisions of this article,
other than those provisions specifically reserved for the authority
of the Zoning Board of Appeals. Anyone who wishes to report a billboard
that may be in violation of this article should do so to the Officer.
B.
Permit procedure. All billboards, except as otherwise provided in § 956-4 of this article, shall require a billboard permit prior to being constructed, reconstructed, moved, altered, placed or repaired. Billboard permits shall be issued by the Officer.
C.
Permit application. All applications for billboard permits for the
erection or relocation of a billboard shall be submitted to the Officer
and shall contain or have attached at a minimum the following information
in either written or graphic form:
(1)
Application date.
(2)
Name, address and telephone number of the billboard owner and, if
different, the owner of the land on which the billboard will be erected.
(3)
Address of the property where the billboard or billboard structure
will be erected.
(4)
Signatures(s) of the billboard owner and, if different, the owner
of the land on which the billboard will be displayed.
(5)
Location of the billboard on the property in relation to public rights-of-way,
lot lines, buildings.
(6)
General description of structural design and construction materials
of the billboard.
(7)
Drawing(s) 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)
Any other information requested by the Officer in order to carry
out the purpose and intent of this article
D.
Permit fees. Each application for billboard permit shall be accompanied
by the applicable fees, which shall be established by the governing
body of the Village of Warrensburg from time to time.
E.
Permit application completeness. Within five working days of receiving
an application for a billboard permit, the Officer shall review it
for completeness. If the Officer finds that it is complete, the application
shall then be processed. If the Officer finds that it is incomplete,
he/she shall, within such five-day period, send to the applicant a
notice of the specific ways in which the application is deficient,
with appropriate references to the applicable sections of this article.
F.
Permit issuance/denial action. All billboard permits shall be dated
and numbered in the order of their issuance. Within 10 working days
of the submission of a complete application for a billboard permit,
the Officer shall either:
(1)
Issue the billboard permit, if the billboard that is the subject
of the application conforms in every respect with the requirement
of this article; or
(2)
Deny the billboard permit, if the billboard that is subject of the
application fails in any way to conform with the requirements of this
article. In case of a rejection, the Officer shall specify in the
rejection the section or sections of the article or applicable plan
with which the billboard is inconsistent.
G.
Lapses of billboard permit. A billboard permit shall lapse if the
billboard is an abandoned billboard or if the permittee'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
180 days or more. A billboard that was constructed or maintained in
conformance with a permit under this article, but for which the permit
has lapsed, shall be in violation of this article.
H.
Assignment of the billboard permit. A current and valid 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 Officer or may require and paying
any applicable fee. The assignment shall be accomplished by filing
and shall not require approval.
I.
Violations. The Officer, upon finding that any provision of this
article or any condition of a permit issued under this article is
being violated, is authorized to institute legal proceedings to enjoin
violations of this article.
J.
Appeal procedure. Any person applying for a billboard permit who
is denied a permit or disagrees with any ruling by the Officer may
appeal to the Zoning Board of Appeals. The Zoning Board of Appeals
may review or overturn the ruling, but may not issue a billboard permit.
The findings of the Zoning Board of Appeals shall be reported to the
Village Board for final decision.
K.
Permits for existing billboards. For any billboard in the Village's
jurisdictional area on the effective date of this article, an application
for a billboard permit must be submitted to the Officer within 180
days. For any billboard on property within the corporate limits of
a municipality and is detached therefrom at a later date, applications
for billboard permits shall be submitted within six months of the
effective date of such detachment. Applications for permits for existing
billboards submitted within 180 days of the effective date of this
article shall be exempt from the initial fees adopted under the authority
of this article, but not from any subsequent fees.
L.
Expiration of billboard permits. If an approved billboard is not
erected within a period of six months from the date the permit was
originally issued, the permit shall expire and become null and void.
M.
Fines. A person who violates the provisions of this article or the
conditions of a permit shall be guilty of a civil violation. Each
day the violation constitutes a separate offense subject to a $200
fine. Such persons shall also be liable for court costs and reasonable
attorney fees incurred by the Village.
N.
Illegal billboards. The Officer 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 nonconforming billboard governed by § 956-3K, not in compliance with the provisions of this article.
O.
Immediate peril. If the Officer shall find any billboard which poses
an immediate peril to persons or property, the billboard shall be
removed. If the Officer 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.
Variances as described hereinafter may be permitted by the Zoning Board of Appeals in appropriate cases, subject to the legislative intent specified in the above § 956-1, Purpose. The Zoning Board of Appeals shall have the authority to recommend to the Village Board variances from the maximum height, maximum area and minimum setback requirements.
