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HomeMy WebLinkAbout1996-092 - Regulation of Off-Premises Signs and BillboardsBILL NO. ~~~, . `12 ORDINANCE NO. ~~C `I".z AN ORDINANCE REPEALING THE RIVERSIDE ZONING CODE, CHAPTER 11, SECTION 11.065 REGULATING OFF-PREMISES SIGNS AND BILLBOARDS ON INTERSTATE AND PRIMARY HIGHWAYS WITHIN THE CITY OF RIVERSIDE, MISSOURI AND ADDING A NEW SECTION ON THE SAME MATTER. WHEREAS, the City of Riverside ("City") is a small city with a population of approximately 3,000 and is so situated as to have substantial frontages on interstate and primary highways running adjacent to or through the City including approximately 3.5 miles on both sides of Interstate Highway 635 and more than 3.4 miles on both sides of Highway 9; and WHEREAS, the protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the City and substantially contribute to the ambience, quality of life, and general welfare of the community; and WHEREAS, the private, residential, commercial, industrial, and public areas of the City including those areas along interstate and primary highways, which are the most visible and accessible areas to the public, should be developed and maintained in a manner to foster the values of privacy, aesthetics, and safety; and WHEREAS, the property values in the City and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; and WHEREAS, the Board of Aldermen is mindful of Sections 226.500 to 226.600, RSMo 1994 ("the Missouri Billboards Act") and desires to conform the City's ordinances in all respects to the requirements of such Act; and WHEREAS, the Board of Aldermen desires to protect and foster the City's interests in privacy, aesthetics and safety by supplementing and enlarging upon the provisions of the Missouri Billboards Act in a manner that promotes the City's interests without in any way prohibiting anything which the Missouri Billboards Act would require to be permitted or permitting anything which the Missouri Billboards Act prohibits; and WHEREAS, the City desires to adopt rules and regulations relating to Off-Premises Billboards which: (1) include regulations with respect to the size, lighting and spacing of such signs, (2) are consistent with the intent of the Missouri Billboards Act, and (3) are consistent with customary use, all as permitted by Section 226.540(7), RSMo 1994; IT IS HEREBY DECLARED that the erection and placement of Off-Premises Signs along interstate and primary highways within the City should be carefully regulated in the manner provided herein so that the signs do not substantially impinge upon the privacy, aesthetic, and safety interests of the community. J:\61492\00002\962.OR2 BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1. The Riverside Zoning Code, Chapter 11, Section 11.065 is hereby repealed and a new Section 11.065 enacted as follows: SECTION 11.065 SIGNS PERMITTED IN DISTRICT C-0 THROUGH M-2 WHEN THE PROPERTY IS ADJACENT TO AN INTERSTATE AND/OR PRIMARY HIGHWAY (1) General (a) Off-Premises Billboard Defined. As used herein, "Off-Premises Billboards" shall mean all signs within the boundaries of the City which are subject to the regulations set forth in Section 226.540, RSMo 1994. (b) Additional Definitions. The definitions of words and phrases contained in Section 226.510, RSMo 1994, are hereby adopted and incorporated by reference and shall apply whenever such word or phrase is used in this Section 11.065. (c) Annlication of Section 11.065. Notwithstandingprovisionsof any other sections of this Chapter, the Rules and Regulations set forth in this Section 11.065 shall apply to Off-Premises Billboards. All provisions of other sections of this Chapter which are not inconsistent with this Section 11.065 or with the Missouri Billboards Act shall remain in full force and effect with respect to Off-Premises Billboards. To the extent any other section of this Chapter may be inconsistent with this Section 11.065 as applied to Off-Premises Billboards, the Rules and Regulations of this Section 11.065 shall apply. (2) Rules and Regulations. The following rules and regulations shall specifically apply to Off-Premises Billboards: (a) Lighting: 1) No revolving or rotating beam or beacon of light that simulates any emergency light or devise shall be permitted as part of any sign. 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. 2) External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign 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 federal-aid primary highway and the lights are not of such intensity so as to cause glare, impair the vision of the J:\61492\00002\962.OR2 -2- driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle. 3) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, devise, or signal, nor shall the illumination be directed toward any residential area. 4) The maximum average lighting intensity level for such sign shall be twenty (20) foot candles. (b) Size of Signs: 1) The maximum area for any one sign shall be one thousand two hundred square feet with a maximum height of thirty feet and a maximum length of sixty 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 Commission. 2) 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 displays to each facing, but sign structure shall be considered as one sign. (c) Spacing of signs; 1) Interstate highways and freeways on the federal-aid primary system: No Off-Premises Billboard shall be erected within one thousand feet of an existing sign on the same side of the highway. 2) Nonfreeway federal-aid primary highways: No structure shall be erected within one hundred feet of an existing sign. 3) The spacing between structure provisions of subdivision (3) of this section do not apply to signs which are separated by buildings, natural surroundings, or other obstructions in such a manner that only one sign facing located within such distance is visible at any one time. 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. 4) No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic. J:\61492\00002\962.OR2 -3- 5) The measurement in this section shall be minimum distances between outdoor advertising 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 outdoor advertising sign structures located on the same side of the highway involved. (d) Setbacks. Safety Clearances and Height: In order to provide a safety zone to prevent injury or property damage from collapse of billboard caused by Acts of God or other causes, each Off-Premises Billboard shall have minimum setbacks of the following: (a) at least ninety (90) feet from its nearest edge to the right of way of any interstate or primary highway, and (b) at least ninety (90) feet from all property lines and from all roofed structures, from all points of the Off-Premises Billboard. In order to further provide a safety zone to prevent injury or property damage from collapse of billboards caused by Acts of God or other causes, each Off-Premises Billboard shall have a maximum height, measured from the ground to the highest point of such Off-Premises Billboard, of fifty (50) feet. In addition, the applicant for permit shall present documentation to the reasonable satisfaction of the Zoning Enforcement Officer that the applicant has secured the legally enforceable right to prevent the erection of structures within the setback zones. No City building permit shall be issued for construction of any building within the setback/clearance zone for any Off-Premises Billboard. (e) Setbacks at Highway Interchanges: No Off-Premises Billboard shall be located adjacent to or within one thousand (1,000) feet of any interchange, existing or approved for construction by the Missouri Highway and Transportation Department, intersection at grade, or safety rest area. Said one thousand feet shall be measured from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way. (f) Setbacks from residential and public activity areas: No Off-Premises Billboard shall be located within one thousand (1,000) feet of land zoned for residential or public activity purposes: (g) Landscaping, Li hting and Fencing: Before a permit is issued, the applicant shall receive approval for a plan for landscaping, billboard lighting and fencing around the proposed Off-Premises Billboard to ensure that the structure 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 Zoning Enforcement Officer. In determining whether the landscaping plan is reasonably suitable, the Zoning Enforcement Officer shall take into consideration the nature of the location, the impact on surrounding properties, the safety and security of the proposed Off-Premises 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 and fencing for the proposed Off-Premises Billboard. 7:\61492\00002\962.OR2 -4- (h) Nuisances: Any Off-Premises Billboard which, because of lack of maintenance, upkeep, vandalism, accumulation of litter, refuse or debris, or the deterioration of landscaping, lighting or fencing, becomes unsightly or unsafe is hereby declared to be a nuisance and shall be subject to abatement by the City in the same manner all other nuisances on private property. (i) Service Drives: Direct access to Off-Premises Billboards from curb cuts along a state highway or service road shall be prohibited. Direct access shall be gained through paved roads and drives which are private and internal to a lot or parcel. All vehicles, equipment, and people used to build, service, maintain, and repair such signs must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads. (j) Permits: 1) Permit Required. No Off-Premises Billboard shall be erected, moved, enlarged, reconstructed, owned, altered, used or allowed to exist without a special use permit which may be granted by the Planning Commission. 2) State Permit, No Off-Premises Billboard shall be newly erected without a permit if required, issued by the State Highways and Transportation Commission 3) Application. a) Application for special use permits for Off-Premises Billboards shall be on a form provided by the City Clerk with the requisite permit fee attached together with plans drafted to scale and in sufficient detail and all other documents and information necessary to allow the Planning Commission to determine whether the requirements of this Ordinance have been fully complied with in all respects. b) With the application, the applicant shall submit from the appropriate licensed professional, a certification from a licensed engineer that the soil and subsoil surface is capable of accepting the projected loads; a certification from an electrical engineer as to the electrical portion of the sign; a certification from a structural engineer as to the structural strength of the sign; a certified out boundary survey of the site and its setback/clearance zone; and a sign survey to indicate the relative vertical and horizontal distances between the proposed sign and all other pole mounted signs within one thousand (1,000) feet. If by reason of height, size or spacing, the proposed sign creates a significant disharmony with pole mounted signs within one thousand feet or unreasonably detracts from the visibility of other neighboring signs or properties, the Zoning Enforcement Officer may require reasonable modification of the sign's dimensions to cure such deficiencies as a condition to granting a permit. J:\61492\00002\962.OR2 -5- c) In no way shall failure of the City to note any engineering or structural deficiencies waive any rights of the City to enforce compliance with this Ordinance. d) The application shall be presented to the Planning Commission. e) If the application for a special use permit is approved by a majority of the Planning Commission then the application for a special use permit shall be issued subject to such conditions as the Planning Commission may require. 4) Fee for Special Use Permit for Outdoor Advertising Signs. a) The fee 1'or a special use permit for Off-Premises Billboards shall be Five Hundred Fifty and No/100 Dollars ($550.00) per year in advance for each side of the sign containing advertising copy. b) Nothing contained in the above subparagraphs shall exempt the applicant from obtaining a sign permit as required in Section 11.010 of this Ordinance. 5) Performance Bond. a) At the time the application is approved by the Planning Commission and prior to the issuance of the special use permit for an Off-Premises Billboard the applicant shall post a performance bond to secure that all of the requirements of the Zoning Code of the City of Riverside and the other ordinances of the City of Riverside have been and will be fully complied with. b. The performance bond shall be in an amount equal to five (5) times the annual permit fee. c) The form of said performance bond shall be approved by the Zoning Enforcement Officer. 6) Insurance. a) After the approval of the special use permit and prior to the issuance of the special use permit, the applicant shall provide satisfactory insurance to the City of liability insurance coverage of at least 100,000/300,000150,000 and shall endorse the City as an additional insured on the policy. b) The applicant for the Off-Premises Billboard is to prove that the liability insurance is in force when such permit is renewed. J:\61492\00002\962.OR2 -6- (k) Annual Inspection: Owners of all signs erected after this date shall be required to submit an annual inspection report from a Missouri licensed engineer as to the signs structural integrity. Such certification shall be done on or before June first of each year. Failure to submit a report shall result in the immediate revocation of the sign's permit. SECTION 2. The provisions of this Chapter shall apply to the erection, alteration, reconstruction, construction, and maintenance of all signs within the City; however, all existing signs that have previously been allowed by ordinance or approved by permit shall be permitted. SECTION 3. The sections, paragraphs, clauses, and phrases of this chapter are severable and if any phrase, clause, sentence, paragraph, or section of this Chapter shall be declared unlawful by the valid judgement, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Chapter. In the event that, contrary to the policies, interests, and values of the City, a court of competent jurisdiction issues a judgement, decree, or injunction order that this Chapter is unlawful because of any omission or prohibition in this Chapter, than all provisions of this Chapter not specifically declared to be unlawful shall remain in full force and effect. In the event that a judgement, decree or injunction order declaring all or a portion of this Chapter to be unlawful is reversed or vacated by a court of competent jurisdiction, the provisions contained in this Chapter shall remain in full force and effect. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ~ DAY OF it 1996. _~ ~' ~~~ i `Edward Rule, Mayor ATTEST: hC~Ge/ ~if~-~~~-~~ " --- Grace Kemerh ,City Clerl~j APPROVED AS TO FORM: Stephen A. Crystal, City Attorney J:\61492\00002\962.OR2 -7-