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:
ABANDONED BILLBOARD
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.
BILLBOARD
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.
BILLBOARD AREA
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.
FLASHING ILLUMINATION
A light source which, in whole or in part, physically changes
in light intensity or gives the appearance of such change at intervals.
ILLEGAL BILLBOARD
A billboard that was constructed in violation of regulations
that existed at the time it was built.
NONCONFORMING BILLBOARD
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.
PREMISES
The continuous land in the same ownership or control which
is not divided by a highway, road or street.
SPACING
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.
STRUCTURE
Anything built that requires a permanent location.
ZONING OFFICER
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:
(1) Interferes with the safety of aircraft flight in the vicinity of
the billboard;
(2) Interferes with the use and enjoyment of any adjacent landowners;
or
(3) Allows the illumination source to be directly visible from any right-of-way
or adjoining property;
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.
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.