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HomeMy WebLinkAbout1994-70 - Repeal Ordinance 94-49BILL NO. ~~~ ~'~ ORDINANCE NO. ~~ ?~ AN ORDINANCE REPEALINU ORDINANCE NO. 94-49 AND ADOPTING SECTION 11.065 OF THE RIVERSIDE ZONING CODE REGULATING OUTDOOR ADVERTISING SIGNS WHEN THE PROPERTY IS WITHIN 66U FEET OF THE NEAREST EDGE OF THE RIGHT-OF-WAY GF ANY INTERSTATE OR PRIMARY HIGHWAY ZONED C-O, C-1, M-1 OR M-2. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY tJE' RIVERSIDE, MISSGURI AS FOLLOWS: SECTION 1: A New Section 11.065 of the Riverside Zoning Code shall be adopted as follows: ":jeC'tiGll 11.065 ~ItaNS PERMITTED IN DISTRICT C-O 'T'HROUGH M-2 WHEN THE PROPERTY IS__A_D_J_ACE_NT TO AN INTERSTATE AND/OR PRIMARY EIIGHWAY. SIGNS PERMITTED EXCLUIVELY WHEN "I'HE PROPERTY IS ADJACENT "CO AN INTERSTATF_ AND/OR PRIMARY HIGHWAY IN DISTRICTS L-0 THROUGH M-2 SHALL BE THE FOLLOWING: (1) OUTDOOR ADVERTISING SIGNS. (a) PERMIT REQUIRED. No outdoor advertisiriq sign shall be erected, moved, enlarged, reconstructed, owned, altered, used or allowed to exist without a special rise permit which may be granted by the Board of Aldermen after recommendation from the Planning Commission. Cb) STATE PERMIT_ No outdoor advertising sign shall be newly erected without a permit_ if required, issued by the State Highways and Transportation Commission. (c) APPLICATION. (1) Application for special use permits for outdoor advertising signs shall be on a from provided by the City Clerk with the requisite permit fee attached toq_ether with plans drafted to scale and in sufficient detail to allow the Planning Commission and the Board o£ Aldermen to determirre whether the requirements of this ordinance have been fully complied with in all respects. (2) 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. (3) This application shall be presented to the Planning Commission. (4) 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 referred to the Board of Aldermen. (5) If the application is approved by a majority of the Board of Aldermen, the special use permit shall be issued subject to such conditions as are contained in this ordinance or such additional conditions as may be made by the Board of Aldermen. (6) Such special use permits may be recommended by the Planning Commission and may be granted by the Board of Aldermen. (d) FEE FOR SPECIAL USE PERMIT FOR OUTDOOR ADVERTISING SIGNS. (1) The fee for a special use permit for outdoor advertising signs shall be Five Hundred Fifty Dollars ($550.00) per year in advance for each side of the sign containing advertising copy. (2) Nothing contained in the above subparagraphs shall exempt the applicant from obtaining a sign permit as required in Section 11.010 of this zoning order. (3) In addition to all other fees, a building permit shall be obtained and a fee of Twenty Five Dollars ($25.00) paid. (4) The Planning Commission or Board of Aldermen may charge a reasonable one time inspection fee to assure compliance with local wind load and electrical requirements when the sign is first erected and a fee for any necessary legal consultation. In the event that the Planning Commission or Board of Aldermen shall require the inspection fee and legal consultation fee for the City, then the application shall not be further considered by either the Planning Commission or Board of Aldermen until the applicant has placed in escrow with the City the appropriate fee assessed by the Board of Aldermen. (e) SIZE RESTRICTIONS. (1) No sign shall be permitted in which the copy area is larger than one thousand two hundred (1,200) square feet for each side of the sign structure. Signs may be placed back to back, double faced, or in v-type construction with not more than two (2) displays to each facing, but such sign structure shall be considered as one sign. (f) SPACING. (I) No outdoor advertising sign structure shall be erected within five hundred (500) feet of an existing sign on the same side of the highway. (2) Within the City no structure shall be erected within one hundred (100) feet of an existing sign. (3) The spacing between structure provisions of this section do not apply to signs which are separated by buildings, natural surroundings, or other obstructions in such 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 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. (5) The measurements in this section shall be the 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. (g) HEIGHT OF STRUCTURE. (1) Outdoor advertising signs shall be erected with a maximum height of thirty (30) feet and a maximum length of sixty (60) 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 set by the Board of Aldermen. (h) LIGHTING. (1) The application for special permit shall clearly detail any lighting to be used on the sign. (2) No revolving or rotating beam or beacon of light that simulates any emergency light or device 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. (3) 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 driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle. (4) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal. (i) PERFORMANCE BOND. (1) At the time the application is approved by the Planning Commission and prior to the issuance of the special use permit for an outdoor advertising sign 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. (2) The performance bond shall be in an amount equal to five (5) times the annual permit fee. (3) The form of said performance bond shall be approved by the Board of Aldermen. (j) INSURANCE. (1) After the approval of the special permit and prior to the issuance of the special permit the applicant shall provide satisfactory insurance to the City of liability insurance coverage of at least 100,000/300,000/50,000 and shall endorse the City as an additional insured on the policy. (2) The applicant for the sign is to prove that the liability insurance is in force when permit is renewed." SECTION 2: All provisions of the code of the City of Riverside, Missouri which are inconsistent herewith are repealed and amended to conform with this ordinance. The City Clerk is directed to incorporate the provisions of this ordinance into the appropriate sections of the City Code. SECTION 3: If any Section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any Court of competent jurisdiction, such decision shall not affect the validity of the rem:a=fining portions of this Ordinance. PASSED THI 15TH UAY OF NOVEMBER, 1994. MAYOR H'T"I'EST 0 City Clerk APPROVED THIS 15TH DAY OF NOVEMBER, 1994. MAYOR