HomeMy WebLinkAbout1999 - 92 - Amendments to Chapter 430 of the Municipal CodeORDINANCE NO. ~?~- 9 Z
AN ORDINANCE REPEALING THE RIVERSIDE ZONING CODE, CHAPTER 430, SIGN
REGULATIONS, REGULATING BILLBOARDS ON THE INTERSTATE AND PRIMARY
HIGHWAYS, AND SIGNS WITHIN THE CITY OF RIVERSIDE, MISSOURI AND
REPLACING THAT CHAPTER 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"), as well as Section 71.288, RSMo, and desires to conform the City's
ordinances in all respects to the requirements and authorizations pursuant to state law; 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 Actpermits orpermitting anything which the Missouri Billboards Act
prohibits; and
WHEREAS, the Board of Alderman also desires to amend the City's sign regulations
applicable to non-Billboard signs to protect residential areas from visual clutter while protecting the
citizens' First Amendment rights to free speech;
IT IS HEREBY DECLARED that the erection and placement of Billboards along interstate
and primary highways within the City and the placement of Signs within the City's residential areas
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.
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
SECTION I. The Riverside Zoning Code, Chapter 430, is hereby repealed and a new
Chapter 430 is enacted as follows:
CHAPTER 430: SIGN REGULATIONS
SECTION 430.010: GENERAL PROVISIONS
A. PURPOSE AND LEGISLATIVE FINDINGS. The purposes of these sign regulations are: to
encourage the effective use of signs as a means of communication in the City while
preserving the rights of free speech under the First Amendment to the United States
Constitution; to maintain and enhance the aesthetic environment and the City's ability to
attract sources of economic development and growth; to improve pedestrian and traffic
safety; to minimize the possible adverse effect ofsigns on nearbypublic and private property;
and to enable the fair and consistent enforcement of these sign restrictions. This sign
ordinance is adopted under the zoning authority of the City in furtherance of the more general
purposes set forth in this Ordinance. The City hereby finds and determines that:
The provisions of these sign regulations will promote the safety, comfort and well
being of the users of streets, roads and highways in the City.
2. The provisions of these sign regulations will reduce distractions and obstructions
from signs which would adversely affect traffic safety, and to alleviate hazards
caused by signs projecting over or encroaching upon public ways.
3. The provisions of these sign regulations will ensure that signs provide orientation and
adequately identify new uses and activities;
4. The provisions of these sign regulations will preserve or enhance the character and
scenic vistas of the City by encouraging new and replacement signage which is:
a. compatible with the surroundings;
b. appropriate to the type of activity to which it pertains;
c. expressive of the identity of the entity or individual;
d. appropriately sized in its context, so as to be easily readable.
B. APPLICABILITY. The provisions of this Chapter shall apply to any sign erected,
constructed, altered or maintained within the zoning jurisdiction of the City of Riverside,
except as otherwise provided herein.
C. BUILDING CODE. The provisionsoftheBuildingCodesoftheCityofRiverside,Missouri,
shall regulate the construction, alteration and maintenance ofall signs, with theirpermanent
and auxiliary devices insofar as they do not conflict with the provisions of this Chapter. The
provisions of this Chapter shall apply within the City limits of Riverside, Missouri, to all
matters herein set forth.
SECTION 430.020: DEFINITIONS
For the purposes of this Chapter, certain terms or words used herein shall be interpreted or defined
a follows, unless the context clearly indicates otherwise. The rules of interpretation prescribed by
section 405.060 shall apply to this Chapter. Terms not specifically defined herein shall be defined
according to Section 405.070, if defined therein. Terms or words not defined in this section or in
section 405.070 shall be defined by reference to Webster's Third New International Dictionary,
unabridged, 1993, which is hereby incorporated by reference as if set forth in its entirety herein. In
the event of any conflict between a terns defined in section 405.070 and this Section, the provisions
of this section shall control.
ABANDONED SIGN.• A sign which has carried no message for more than 180 days or which
no longer identifies an operating business, lessor, service, owner, product, or activity, date
or time of past event, and/or for which no legal owner can be found.
AWNING: Any structure entirely supported by the wall or canopy to which it is attached and
which is covered by canvas, cloth or other similar temporary material and/or which can be
retracted or rolled to the struchrre by which it is supported.
BANNER: A sign or outdoor advertising display having the character, letters, illustrations,
ornamentations, symbol, color, or visual representation applied to cloth, paper, vinyl, fabric,
plastic, or like kind of malleable material with or without frame. National flags, state or
municipal flags, or the official flag of any institution or business shall not be considered
banners.
BILLBOARD: Any outdoor advertising sign, including any display, device, figure, painting,
drawing message, plaque, poster, or other thing designed, intended or used to advertise or
inform, that contains more than one hundred (100) square feet in surface area on any one sign
face.
CANOPY: Any structure other than an awning attached to a building at the inner end and
projected outward. The portion of the structure projected outward shall be either supported
or cantilevered.
CHANGEABLE COPY : Copy which is or may be changed manually. For purposes of this
definition, "manually" does not include painting or drawing with permanent ink or other
materials which cannot be removed by washing or by erasers, or electronic display.
COMMERCIAL MESSAGE: Any message or copy on a sign that displays words or images
advertising products, services, or events related to a business for profit, including the name
of the business.
CONTIGUOUS: For the purpose of this Chapter shall mean land that touches other land
with no intervening public street, alley, sidewalk, or other property owned and maintained
by the public.
COPY OR "SIGN COPY": Wording or pictorial graphics on a sign facing or surface either
in permanent or removable form.
COPYAREA: The area of sign copy applied to any
sign facing or surface. Copy Area steal l be computed
by drawing straight lines along copy in such a way as
to encompass individual letter and words. Copy
area is then figured in terms of square inches, feet,
and meters.
DEVICE, ATTENTION-ATTRACTING: Banners,
pennants, wind-operated mechanisms, flashing lights
and any other type of fluttering or flashing object
designed or intended to attract the attention of the
public, but shall not include 3-dimensional signs or
those otherwise defined under this Chapter.
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Facing or
Surface
DISPLAY SURFACE.• The area made available by the sign structure for the purpose of
displaying the advertising message.
ERECT: To build, construct, attach, hang, place, suspend or affix a sign to a wall, pole or
structure.
FACING OR SURFACE: Any area of a sign upon, against or through which the advertising
message is displayed or illustrated on the sign, which displays or upon which is displayed any
graphic, message, name or symbol of any kind for the purpose of advertising, announcing,
directing or attracting attention from the outside of a building and which can be seen from
a single location on an adjacent street, provided that the ends or thickness of a sign shall not
be counted as a separate sign face unless an advertising message is displayed thereon.
FLAG: A piece of cloth or other flexible material varying in size, shape, color and design,
usually attached at one edge to a staff or cord and used as the symbol of a nation, State or
City. May also be imprinted with an advertising message or design.
FOOT CANDLE. A standard unit when measuringthe quantity oflight;one foot candle shall
equal the total intensity of light that falls upon a surface that is one square foot in area, and
is one foot away from a point source of light with the intensity of one candela or one candle.
FREEWAY PRIMARYH]GHWAY.• That part of a primary highway system which has been
constructed as divided, dual lane fully controlled access facilities with no access to the
throughways except established interchanges.
FRONTAGE.• The length of the lot along the abutting street. The front of a lot abutting more
than one (1) street is considered separate for each street.
INDEXING: Turning and stopping action of the sections of a multi-prism sign designed to
show several messages in the same area.
INTERSTATE SYSTEM.• That portion of the national system of interstate highways located
within the boundaries of Missouri as officially designated or may hereafter be designated by
the state highways and transportation commission with the approval of the Secretary of
Transportation, pursuant to Title 23, United States Code, as amended.
LOT: A tract, plot, or portion of a subdivision, or other parcel of land occupied by, or
intended for, occupancy by one (1) principal building or structure and having access to a
public street.
NON-COMMERCIAL MESSAGE: Any message or copy on a sign that is not a commercial
message.
OBSCENE MATTER: Words, terms, phrases, graphics, pictures, illustrations, or other copy
which emphasizes matter in a prurient manner depicting, describing, or relating to specified
sexual activities or specified anatomical areas, as defined herein. For purposes of this
definition, "Specified anatomical areas" means: (1) less than completely and opaquely
covered: (i) human genitals, pubic region, (ii) buttocks, or (iii) female breast below a point
immediately above the top of the areola; or (2) human male genitals in a discernibly turgid
state, even if completely and opaquely covered. For purposes of this definition, "specified
sexual activities" means: (1) human genitals in a state of sexual stimulation or arousal; (2)
acts of human masturbation, sexual intercourse or sodomy; or (3) fondling or other erotic
touching of human genitals, pubic regions, buttocks or female breasts.
OFF-PREMISE SIGN: A sign, including any Billboard, which directs attention to a
business, commodity, service, entertainment or attraction conducted, sold, offered or
existing:
Elsewhere than upon the same Lot where such sign is displayed; or
2. Not for the principal use of such Lot.
ON PREMISF, SIGN: A sign, including any Billboard, which carries only advertisements
strictly incidental to a lawful use of the premises on which it is located, including signs or
sign devices indicating the business transacted, services rendered, goods sold or produced
on the premises, name of the business, name of the person, firm or corporation occupying
the premises.
PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in series, designed to
move in the wind.
PF.RSON.• Any individual, firm, agency, partnership, association, corporation, company or
organization of any kind.
PLANTER BOX: A box designed or used exclusively for the growing and display of plants,
and which is constricted of wood, brick or masonry.
PREMISES: That portion of a Lot or building occupied by a single occupant, exclusive of
any area, if any, shared with adjacent occupants. Permitted sign area shall be separately
calculated for multi-tenant, commercial buildings only when said tenants have a separate
entrance for their exclusive use.
RESIDENTIAL DISTRICT: Any lot, plot, tract, or land zoned R-1 (Single-Fami]yResidential
District), R-2 (Two-Family Residential District), or R-3 (Low Density Multiple Family
Dwelling District).
SHOPPING CENTER: Any area containing four (4) or more shops, stores and other places
of business permitted in the Commercial District under the Zoning Regulations, and
providing off-street parking facilities in common for all of the businesses and their
customers.
SIGN: Any medium, including its structure and component parts, which is used or intended
to be used to attract attention to the subject matter for advertising purposes. For purposes
of this Section, a sign shall include, but is not limited to, a device, flag, illustration, structure
or part of a structure, which displays or upon which is displayed any graphic, message, name
or symbol of any kind for the purpose of advertising or promoting the interest of any service,
establishment, product or person. Across or other religious symbol on a religious building
or site shall not be considered a sign.
SIGN-ANIMATED: A sign with action or motion, or the illusion of action or motion, caused
by any force of nature or any electrical or mechanical force. For purposes of Chapter 430,
this term does not refer to flashing signs, changeable copy signs (manual), changeable signs
(automatic), or illuminated signs, all of which are separately defined.
SIGN-AREA: The area of the Sign Facing. The "sign-area"of amulti-faced sign is the sum
of the sign areas of each face, including structural trim which can be seen from a single
location on any adjacent street and which displays, or upon which is displayed, any graphic,
message, name or symbol of any kind for the purpose of advertising, announcing, directing
or attracting attention from the outside of the building. If a sign, or letters, are attached to
a building or suspended in any manner whereby there is no apparent trim or confining border,
the sign area shall be computed by drawing imaginary straight lines around generally
rectangular margins and measuring the area so encompassed by these lines.
SIGN-AWNING c~ CANOPY: A sign attached to or illustrated on a canopy or awning,
respectively.
SIGN-CHANGEABLE COPY (MANUAL): A sign on which copy or sign panels may be
changed manually in the field, such as boards with changeable letters or changeable pictorial
panels.
SIGN-CHANGEABLE (AUTOMATIC): An electronically or electrically controlled time,
temperature and date sign, message center or readerboard, where different copy changes are
shown on the same location.
SIGN FACE: See "Facing or Surface", above.
SIGN-FLASHING: Any sign which contains an intermittent or flashing light source, or
which includes the illusion of intermittent or flashing light by means of animation, or an
externally-mounted intermittent light source. Automatic changing signs such as public
service time, temperature and date signs or electronically controlled message centers are
classed "changeable signs" not "flashing signs."
SIGN-FLUTTF,RING: A sign which flutters and includes pennants, banners, non-official
Governmental flags or other flexible material which moves with the wind or by some
artificial means.
SIGN-FREE-STANDING: A sign which is supported by one (1) or more structures or
supports including uprights, poles, or braces, that are placed on, or anchored in, the ground
and that are independent from any building or other structure.
SIGN-GROUND: A sign made of brick, masonry, stone, or wood and the bottom of which
is attached directly and permanently to the ground and physically separated from any other
structure. Any sign attached to a pole, shaft, post, stick, or beam shall be considered a "Free
Standing Sign," but shall not be considered a "Ground Sign."
SIGN-ILLUMINATED: A sign in which a source of artificial light is used in order to make
the copy readable. This definition shall include internally and externally lighted signs.
SIGN-NON-CONFORMING: A legal non-conforming sign is a sign, including the
framework and support, which was lawful when constructed, but has become non-
conforming as a result of an amendment to this Chapter.
SIGN-OCCUPATIONAL AND/OR IDENTIFICATION: A sign identifying the name of an
organization and/or person(s) occupying a building.
SIGN-POLE: A sign wholly supported by a sign structure in the ground with at least six (6)
feet of clearance from the ground to the lowest point of the sign which directs attention to
a business, commodity, service, entertainment or attraction conducted, sold, offered or
existing upon the same lot where such sign is displayed.
SIGN-PORTABLE: A sign that is temporarily affixed to one (1) location and which has the
capability of being moved from one location to another that is not apart of aself-propelled
vehicle, said vehicle being designed to perform other ordinary functions other than being a
sign. (A trailer is not aself-propelled vehicle if it must be attached to another self propelled
vehicle.)
SIGN-PROJECTING.• A sign, other than a wall sign, which is attached to and projects from
a structure or building face. The area ofdouble-faced projecting signs are calculated on one
face of the sign only.
SIGN-REAL ESTATE: A temporary sign pertaining only to the prospective rental, lease or
sale of the property on which it is located.
SIGN-ROOF: A sign erected upon or above a roof or parapet wall of a building, and which
is wholly and partially supported by said building.
SIGN-STRUCTURE: Any sign which supports or is capable of supporting any sign as
defined in this Chapter. A sign structure may be a single pole and may or may not be an
integral part of the building.
SIGN-WALL: A sign attached to, or erected against, a wall of a building, with the face
parallel to the building wall and extending not more than one (1) foot therefrom.
STRUCTURE: Anything erected, the use of which requires a permanent location on the
ground, or attached to something having permanent location on the ground including but
without limitation to buildings, factories, sheds, cabins, manufactured homes, mobilehomes,
and other similar uses.
SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided
into three (3) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale,
lease or development, either on an installment plan or upon any and all other plans, terms and
conditions including re-subdivision. "Subdivision" includes all the division or development
of residential and non-residential zoned land, whether by deed, metes and bounds
description, plat, or other recorded instrument.
SURFACE: See "Facing or Surface."
SECTION 430.030: SIGNS, PERMIT, EXCEPTIONS
A. It shall be unlawful for any person to erect, structurally alter or relocate any Sign in this City,
other than a Billboard or a Sign specifically listed in this Section 430.030(A)(1) to (6),
without first obtaining a permit from the Codes Enforcement Officer and making a payment
of the fee required in Section 430.200. Billboards shall not be erected, structurally altered,
or relocated without obtaining a special use permit from the Board of Aldermen under
Sections 430.080 or 430.090, whichever is applicable. The following signs shalt be exempt
from the permit requirement under this Ordinance:
Any sign authorized by a valid and applicable federal, state, or local law, regulation
or ordinance not within Chapter 430 of the City Code. By way of example only, said
signs shall include, but are not limited to, traffic control signs, public notice signs,
emergency warning signs, or signs approved pursuant to Sections 605.250 and
485.200(B). Physical characteristics ofsaidsigns shall conform to applicable federal,
state, or local regulation authorizing said signs.
2. Signs displaying anon-commercial message that are no more than four (4) square
feet and displayed on private property.
3. Flags of the United States, the State of Missouri, the City of Riverside, any nation
having diplomatic relations with the United States, and any other flag adopted or
sanctioned by an elected legislative body of competent jurisdiction, provided that
such Ilag shall not exceed twelve (12) square feet in area.
4. Any sign inside a building not attached to a door or window that is not legible from
a distance of more than three (3) feet beyond the lot line of the Lot or parcel on which
such Sign is located.
5. Real Estate Signs advertising the sale or lease of the premises on which the Real
Estate Sign is erected.
6. Painting, repainting, cleaning or changing copy on legally existing signs shall not
require a permit, as long as said signs are not physically altered or enlarged.
Note-These exceptions shall not he construed as relieving the owner of the Sign from the
responsibility of its erection and proper maintenance, and its compliance with the provisions
of this Chapter or any other law or ordinance.
B. NONCOMMERCIAL COPYPERMITTED. Any Sign authorized by this chapter is allowed
to contain noncommercial copy in lieu of any other copy.
SECTION 430.040: SIGNS AND DEVICES PROHIBITED
A. The following types of Signs and devices shall be prohibited to protect the public's safety
and preserve the City's aesthetics:
Attention-Attracting Devices.
2. Fluttering Signs, except flags permitted under Section 430.060 and Section 430.030.
3. Animated Signs.
B. It shall be unlawful to park, or to direct the parking of, any vehicle or trailer on which there
is a Sign painted or attached which is visible from a public street for the purpose of attracting
business to or advertising a business that is referenced in any way by said Sign, unless said
vehicle or trailer is regularly used in the course of business of said business for purposes
other than advertising or attracting business. If a vehicle or trailer with such a Sign is parked
within two thousand (2,000) feet of the Lot on which the business resides, and the vehicle
or trailer is not regularly used as a vehicle or trailer in the course of business of said business,
there shall be a rebuttable presumption that the vehicle or trailer is parked for the purpose of
attracting business or advertising a business. There shall be a rebuttable presumption that
the vehicle or trailer is not regularly used as a vehicle or trailer in the course of business if
the vehicle or trailer remains parked in the same, or approximately the same location for a
period of forty-eight (48) hours if the business is open during any portion of said period,
unless it is a trailer regularly used for the storage of goods or materials used by the business.
There shall be a rebuttable presumption that the vehicle or trailer was parked, or directed to
be parked, by the owner, chief executive officer or manager of the business referenced by the
sign. Each day during which the vehicle or trailer is unlawfully parked shall constitute a
separate offense, and each offense shall be punishable by a fine of up to one hundred fifty
dollars ($150.00) per offense.
SECTION 430.050: NON-CONFORMING SIGNS
With the exception of existing Billboards, which are governed by Section 430.080(B)(14)
or Section 430.090(B)(10), any Sign existing on the effective date of this Zoning Code, shall
be governed by the following provisions of this Chapter:
All legally existing non-conforming Signs shall be authorized and shall not be
affected by this Chapter, except that should said Signs be enlarged, replaced or
substantially altered, they shall be brought into conformity with this Chapter or
removed at the owner's expense.
2. It shall be unlawful to enlarge, structurally alter or relocate off premises any existing
Sign, except in accordance with the provisions of this Chapter.
SECTION 430.060: SIGNS IN RESIDENTIAL DISTRICTS
Subject to limitations set forth in Sections 430.100 and 430.190, the following Signs shall
be permitted in residential districts, so long as the Signs are not illuminated:
1. Any sign listed or described in Section 430.030. Any sign under Section 430.030(1)
that is required by law to be illuminated shall be illuminated.
2. Free Standing Signs.
3. Ground Signs.
4. Home Occupational Signs.
SECT1ON430.070: SIGNS ON PROPERTY IN "C-1", "I-1" and "I-2" TONING
DISTRICTS
A. Subject to limitations hereinafter set forth, only the following Signs shall be permitted in
ZOnmg Dtstriets "C-I", "I-I'~ and '~I-2'~:
1. All Signs permitted in Residential Districts.
2. Ground Signs.
3. Canopy and/or Awning Signs.
4. Occupational and/or Identification Signs.
5. Wall Signs.
6. Free-Standing.
7. Projecting Signs.
8. Roof Signs.
9. Billboards, but only in those areas of districts "C-1," "I-1," and "I-2" regulated by
Sections 430.080 and 430.090.
B. Portable Signs are unlawful in all Zoning Districts.
SECTION 430.080: BILLBOARDS PERMTCTED IN DISTRICTS "C-1," "I-1" and "I-2"
WHEN VISIBLE FROM AN INTERSTATE AND/OR FREEWAY
PRIMARY HIGHWAY
A. General.
Billboards Governed. Billboards within districts "C-1," "I-1," and "I-2" that are
visible from the Interstate System and/or a Freeway Primary Highway shall be
governed by this Section.
2. Application of this section. All provisions of this Chapter which are not inconsistent
with this Section shall remain in frill force and effect with respect to Billboards. To
the extent any other Section of this Chapter maybe inconsistent with this Section as
applied to regulating Billboards in districts "C-I," "I-1," and "I-2" that are visible and
constructed to be read from an Interstate and/or FreewayPrimary Highway, the rules
and regulations of this Section shall apply.
B. Rules And Regulations. The following rules and regulations shall specifically apply to all
Billboards governed by this Section:
Lightrng.•
a. No revolving or rotating beam or beacon of light that simulates any
emergency light or device shall be permitted as part of any Billboard. No
flashing, intermittent, or moving light or lights except scoreboards and other
illuminated signs designating public service information, such as time, date
or temperature, or similar information, shall be allowed.
b. External lighting is permitted, provided the light source is directed upon the
face of the Billboard and is 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 Freeway Primary Highway, and provided further that the lights are not of
such intensity so as to interfere with a driver's operation of a motor vehicle.
c. No Billboard shall be illuminated in a manner that interferes with the
effectiveness of, or obscures, an official traffic sign, device, or signal, nor
shall the illumination be directed toward any residential area.
d. The maximum average lighting intensity level for such sign shall be twenty
(20) foot candles.
2. Size of signs:
a. The maximum area for any one (1) Billboard shall be six hundred seventy
two (672) square feet with a maximum height of fourteen (14) feet and a
maximum length of forty eight (48) feet, inclusive of border and trim but
excluding the base or apron, support, and other structural members.
b. The maximum size limitations shall apply to each side of a Billboard.
Billboards may be placed back to back, double faced, or in V-type
construction with not more than two (2) displays to each facing, but a
Billboard with two (2) displays on a facing shall be considered as one (1)
Billboard.
3. Spacing of signs:
a. No Billboard shall be erected within two thousand (2,000) feet of an existing
Billboard on either side of the Interstate or Freeway Primary Highway.
b. On Premise Signs and those Signs listed in section 430.030 shall not be
subject to the spacing provisions of this subsection B.3, nor shall
measurements be made from such Signs for the purpose of compliance with
the foregoing spacing provisions.
c. No Billboard 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.
d. The spacing requirements in this section shall be minimum distances between
Billboards measured along the nearest edge of the pavement between points
directly opposite the Billboards along each side of the Freeway Primary
Highway or Interstate and shall apply to Billboard structures located on either
side of the Primary Highway or Interstate involved.
4. Setbacks, safety clearances and height. To provide a safety zone to prevent injury
or property damage from collapse of Billboards, each 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 Freeway Primary Highway, and
b. At least ninety (90) feet from all property lines and from all roofed structures,
from all points of the Billboard. In order to further provide a safety zone to
prevent injury orproperty damage from collapse ofBillboards,each Billboard
shall have a maximum height, including base and apron, measured from the
ground to the highest point of such Billboard, of forty (40) feet. In addition,
the applicant for perniit shall present documentation, such as a legally
enforceable lease, deed, or restrictive covenant, that the applicant has secured
the 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 Billboard.
5. Sethacks at highway interchanges. No Billboard shall be located adjacent to or
within one thousand five hundred (1,500) feet of any interchange, (existing or
approved for construction by the Missouri Department of Transportation),
intersection at grade, or safety rest area. Said one thousand five hundred (1,500) feet
shall be measured from the beginning or ending of the pavement widening at the exit
from or entrance to the main traveled way.
6. Setbacks from residential and public areas. No Billboard shall be located within two
thousand (2,000) feet of a Residential District or land zoned or used for public
recreational activities such as a public park.
7. Setbacks from River Levee Improvements. No Billboard shall be located within five
hundred (500) feet riverward or three hundred (300) feet landward of the centerline
of any existing or proposed flood protection levee.
8. Landscaping, ligJ~ting and fencing. Before a permit is issued, the applicant shall
receive approval for a plan for landscaping, lighting and fencing around the proposed
Billboard to ensure that the structure will be aesthetically compatible with its
surroundings and the aesthetic standard ofthe community and neighboring property,
insofar as may be practicable, as well as safe and secure from trespassers or vandals.
Landscaping plans shall comply with sections 425.010, 425.020, and 425.070 of
Chapter 425 of the City Code, and shall detail the grade, type of ground cover, and
specific location of any ornamental shrubs and trees. Landscaping, lighting and
fencing plans shall be submitted to and reviewed by the Planning Commission, and
approved by the Board of Aldermen as a condition precedent to receiving a permit
for said Billboard as is required by subdivision 11 of this subsection. Such plans
must be submitted concurrent with an application for a permit pursuant to subsection
11, below. In determining whether the landscaping, lighting and fencing plans are
reasonably suitable, the Planning Commission and Board of Aldermen shall take into
consideration the nature of the location, the impact on surrounding properties, the
safety and security of the proposed 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 Billboard.
9. Nuisance. Any Billboard which, because oflack ofmaintenance, upkeep, vandalism,
accumulation of litter, refuse or debris, or the deterioration of landscaping, lighting
or fencing, becomes unsafe or adversely affects the reasonable use and enjoyment of
neighboring properties is hereby declared to be a nuisance and shall be subject to
abatement by the City in the same manner as all other nuisances on private property.
10. Service Roads. Direct access to Billboards from the Freeway Primary System,
Interstate System, or an unpaved road shall be prohibited. Direct access shall be
gained through paved roads which are private and internal to the Lot on which the
Billboard is erected. Access to such private roads shall be from paved public roads
or streets. 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. Paved private roads shall be constructed to comply
with minimum city standards for residential streets as set forth in Section 510.010 of
the City's MLmicipal Code. The applicant must submit construction plans and
specifications for such paved roads, and the plans must be reviewed by the Planning
Commission for a recommendation to the Board of Aldermen. The Board of
Aldermen must approve said plans as a condition precedent to receiving a special
use permit as is required by subdivision 1 1 of this subsection. Said plans must be
filed concurrent with the permit application required by subsection 11, below.
11. Permits.
a. Penniz required. No 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 Board of Aldermen after a
recommendation of the Planning Commission.
b. State permit. No Billboard shall be newly erected without a permit issued by
the Missouri Department ofTransportation if such permit is required by State
law.
c. Application.
(1) Application for special use permits for Billboards shall be on a form
provided by the City Clerk with the requisite permit fee of five
hundred dollars ($500.00) attached together with all necessary plans,
including those plans referred to in subdivisions 8 and 10 of this
subsection, drafted to scale showing the necessary detail, and all other
required documents and information necessary to allow the Planning
Commission and the Board of Aldermen to determine whether the
specified requirements have been fully complied with in all respects.
(2) With the application, the applicant shall submit documentation 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 requirements and safety; a certification
from a structural engineer as to the structural strength of the sign; a
certified 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 Billboard and all other Billboards
within two thousand (2,000) feet. The boundary survey and Sign
survey must be certified by a Missouri licensed land surveyor.
Spacing requirements for Billboards deemed On Premise Signs shall
not be enforced pursuant to section 430.080(B)(3)(b).
(3) In no way shall faihire of the City to note any engineering or
structural deficiencies waive any rights of the City to enforce
compliance with this Chapter.
(4) The application shall first be submitted to the Planning Commission.
The application shall include ali the necessary documentation to
prove compliance with this Chapter, including without limitation,
section 430.080(B), including all documentation required by section
430.080(B) (8), (10), and (ll)(c)(2). The application shall not be
deemed submitted to the Planning Commission unless the application
includes all sufficiently detailed plans and documentation required
herein. Within thirty (30) days after the Planning Commission has
received the application, the City Administrator shall either certify
that the application is submitted or give notice to the applicant that
the application is incomplete, specifying what additional
documentation is needed by referencing specific sections of this
chapter that are not satisfied. Said thirty (30) day period will begin
upon each re-submission by the applicant. Once an application is
certified as submitted, the Planning Commission shall have ninety
(90) days to make a final recommendation to the Board of Aldermen.
If a final recommendation is not rendered within such ninety (90) day
period, the application shall be deemed recommended by the Planning
Commission and shall be forwarded to the Board of Aldermen on the
next business day.
(5) After a recommendation from the Planning Commission is obtained,
then the application for a special use permit shall be forwarded to the
Board of Aldermen for its consideration.
(6) If the application for a special use permit is approved by a majority
ofthe Board ofAldermen then the application for a special use permit
shall be approved subject to such reasonable conditions required by
the special use permit as permitted herein. An application for
Billboard special use permit shall be deemed approved if a final
determination is not rendered by the Board within ninety (90) days
after the Board received the Planning Commission's final
recommendation concerning the application. Said ninety (90) day
period may be tolled an additional sixty (60) days if the application's
content is materially altered; or if unforeseen circumstances or facts
arise during the public hearing process that were not revealed or
known by the applicant which justifies tolling the deadline; or if the
Board and applicant mutually agree upon additional time.
d. Fee. for special use permit.
(1) The fee for a special use permit for Billboards shall be five hundred
dollars ($500.00) in advance for each Billboard to cover the cost of
the initial inspection pursuant to Section 7l .288 R.S.Mo. Additional
special use permit fees and Sign fees under sections 430.190 and
440.010 shall be prohibited for Billboard applications.
(2) Nothing contained in the above subparagraphs shall exempt the
applicant from obtaining a new special use permit if altering the
dimensions or relocating a Billboard.
e. Performance bond.
(1) At the time the application is approved by the Board of Aldermen
after a recommendation of the Planning Commission, and prior to the
issuance of the special use permit for a Billboard, the applicant shall
post a performance bond to secure 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 an amount equal to the estimated
construction costs as documented in the application by the
construction bid or contract.
(3) The form of said performance bond shall be approved by the City
Administrator.
f. Insurance.
(1) After the approval ofthe special use permit, but prior to the issuance
of the special use permit, the applicant shall provide satisfactory
proof of 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 special use permit must prove that the liability
insurance is in force each year thereafter. Proof of insurance shall be
provided to the City each year with the annual inspection report as
provided below.
g. No special use permit shall be issued or approved unless the applicant
demonstrates compliance with all applicable provisions of this Chapter. The
special use permit shall be approved ifthe applicant demonstrates compliance
with all applicable provisions of this Chapter. All of the requirements set
forth in Chapter 440, to the extent said requirements are not in direct conflict
with any provision of the chapter, shall be applicable to the special use permit
required pursuant to this chapter.
12. Aniizral inspection. Owners of all Bi Ilboards erected after December 17, 1996, shall
be required to submit an annual inspection report from a Missouri licensed engineer
as to the Billboard's structural integrity. Such certification shall be done on or before
June first (1st) of each year. Failure to submit a report shall result in the immediate
revocation of the Billboard's special use permit.
13. Obscene Advertisement. No person shall display upon any Billboard any Obscene
matter.
14. Nonconfornaing Billboards. Notwithstanding section 430.050 of this Chapter, any
lawful Billboard in existence prior to the passage of this ordinance shall be deemed
a non-conforming Billboard. Non-conforming Billboards shall be permitted to
continue as long as the Billboard exists pursuant to a valid special use permit and the
Billboard remains substantially unchanged. Reasonable repair and maintenance of
the Billboard, including a change in the advertising copy, is not a change that will
terminate non-conforming rights.
15. Removal of Billboards.
a. Billboards and structures shall be removed at the owner's expense under the
following circumstances:
(1) A prior special use permit authorizing the Billboard is lawfully
revoked and the owner does not comply or refuses to comply with a
new special use permit governed by the regulations and restrictions
herein.
(2) ANon-Conforming Billboard is unlawfully enlarged, substantially
altered or changed requiring compliance with this Ordinance.
(3) The Billboard is an Abandoned Sign.
(4) The Billboard becomes damaged or dilapidated to 50% or more of its
physical structure or economic value.
SECTION 430.090: BILLBOARDS PERMITTED IN DISTRICT "I-2"
A. Billhoards Governed. Billboards that are not specifically governed by section 430.080 of
this Chapter shall be permitted only in District "I-2,"and shall be governed by the regulations
set forth in this section.
B. Regulations.
Permit required. No Billboard governed by this section shall be erected, moved,
enlarged, reconstructed, owned, altered, used or allowed to exist without a special use
permit which maybe granted by the Board of Aldermen after recommendation from
the Planning Commission.
2. Application and fees.
a. Any application for a special use permit to erect, alter, enlarge or move a
Billboard subject to the regulations in this section shall comply with the
permit process contained in section 430.080(B)(11).
b. Fees, insurance and Performance Board. Any applicant for a special use
permit for a Billboard governed by this Section shall fully comply with
section 430.080(B)(11)(d)(e)(f) with respect to fees, insurance, and
performance bonds.
3. Size restrictions. No Billboard governed by this section shall be permitted in which
the copy area is larger than three hundred (300) square feet per side. No Billboard
shall have more than one (1) copy area facing the same line of traffic.
4. Spacing.
a. No Billboard shall be less than two thousand five hundred (2,500) feet from
any existing Billboard on either side of any street or highway. Billboards that
are On Premise Signs shall not be subject to spacing requirements under this
section.
b. Copy area may be permitted on both sides of a structure. A maximum
distance of four (4) feet maybe allowed between the two (2) copy areas on
the structure.
c. No Billboard shall be located closer to the nearest right-of--way line than 2.0
times the total height of the structure. No Billboard shall be located closer
to the Lot's boundary line upon which the Billboard is placed than a distance
equal to 2.0 times the height of the structure.
5. Height of structure. No Billboard shall be erected whose total height is greater than
twenty five (25) feet including base, apron and support, and a maximum length of
twenty (20) feet.
6. Lighting.
a. The application for special use permit shall clearly detail any lighting to be
used on the Billboard.
b. All said lighting shall be so designed as to concentrate the illumination upon
the copy area of the Billboard and so designed so as to prevent glare upon the
street or adjacent property and no spot light or flood light shall project or
extend over public property. The maximum average lighting intensity level
for such sign shall be twenty (20) foot candles.
c. Any lighting which after erection shall become a hazard to traffic may be
permanently turned off or removed by the City at the owner's expense.
d. In the event that said lighting shall unreasonably disturb or annoy other
persons or the electrical devices shall malfunction or become defective the
applicant shall be given three (3) days to repair or remove the lighting by the
Codes of Enforcement Officer.
7. Surroundingpremises to be kept in sanitary condition. All premises surrounding the
Billboard shall be maintained by the owner free and clear of all noxious substances,
structures and weeds.
8. Obscene advertisement. No person shall display upon any Billboard any Obscene
matter.
9. Landscaping, lighting and fencing. No special use permit shall be granted to any
Billboard governed by this section unless lighting, landscaping and fencing plans are
submitted and approved as set forth in section 430.080(B)(8).
10. Non-Conforming uses. Lawfully existing Billboards prior to the passage of this
ordinance, and which would thereafter be governed by this section, shall be subject
to the non-conforming Billboard regulations set forth in section 430.080(B)(14).
SECTION 430.100: STANDARDS FOR SIGNS PERMITTED IN RESIDENTIAL
DISTRICTS
The following standards and conditions shall be applicable to Signs permitted in Residential
Districts:
Ground Sigres:
a. Ground Signs shall be permitted in R-2 and R-3 Districts only.
b. The maximum height of a Ground Sign shall be ten (10) feet, and the
maximum length shall be ten (10) feet.
c. A Planter Box (if used) shall not exceed twelve (12) inches mean elevation
in height.
d. One (1) Ground Sign shall be permitted for each public street frontage.
e. Ground Signs shall be constructed with brick, masonry, stone, or wood.
f. Commercial messages advertising products, activities, or services not located
on the Lot(s) on which the Ground Sign exists shall be prohibited.
2. Free-Standing Signs:
a. One (1) Free Standing Sign shall be allowed per one-hundred and twenty-five
(125) linear feet of Frontage per Lot in Residential Districts.
b. Free Standing Signs in Residential Districts shall not exceed a height of three
(3) feet measured from the ground level to the top of the sign, and shall have
a maximum length of three (3) feet.
c. Free Standing signs shall be constructed with durable materials, such as
wood, brick or masonry.
d. Commercial messages advertising products, activities, or services not located
on the Lot on which the Free Standing Sign exists shall be prohibited in
Residential Districts.
3. Home Occupation Signs:
a. Home Occupational Signs shall be subject to all provisions of the Zoning
Regulations of the City of Riverside pursuant to Section 410.140.
b. Nothing in this Section shall relieve an owner of a home occupied business
from complying with Section 410.140.
4. Real Estate Signs. Real Estate Signs shall be subject to the following restrictions:
a. Real Estate Signs shall be no larger than four (4) square feet per Sign Face.
b. Real Estate Signs shall be permitted only on the premises which are for sale
or lease.
c. Real Estate Signs advertising Lots for sale in a Residential Subdivision shall
be free standing signs not exceeding sixty-four (64) square feet and shall be
maintained in good repair, and shall be removed when ninety-five percent
(95%) of the lots in the platted subdivision have been sold or two years from
the Sign's erection, whichever comes first, subject to the following
regulations:
(i) One (1) Sign per Subdivision entrance
(ii) Said signs shall be non-illuminated.
SECTION 430.110: WALL, AWNING AND CANOPY SIGNS, PROJECTING AND ROOF
SIGNS
Wall Signs, Awning Signs, Canopy Signs, Projecting Signs, and Roof Signs, which Signs
relate only to a service, name ofbusiness, articles and/orproducts offered within the building
or structure to which the Sign is attached shall be permitted provided:
Such Signs shall not exceed ten percent (10%) of the area of the largest exposed wall
of the building on which the Sign(s) is/are to be installed and shall not extend above
the roof line more than four (4) feet.
2. Such signs shall not exceed ten percent (10%) of the area of the building wall on
which Sign(s) is/are installed, including the area of a Roof Sign.
3. A Wall Sign shall not prof ect beyond the plane of the wall for a distance of more than
twelve (12) inches except for Wall Signs mounted on a mansard roof.
SECTION 430.130: GROUND SIGNS NOT IN RESIDENTIAL DISTRICTS
Ground signs not located in Residential Districts shall be subject to the following
restrictions:
Such Signs shall be located so as to not obstruct vision at an intersection or a
vehicular entry or exit from the property.
2. Such Signs maybe supported by posts or poles that do not exceed a height of two (2)
feet plus a Planter Box (if used), at least six (6) inches but not more than twenty-four
(24) inches mean elevation in height. The Sign shall not exceed a height of six (6)
feet above the prevailing grade, nor a length of eight (8) feet.
3. The maximum size of Ground Signs shall be forty-eight (48) square feet.
SECTION 430.140: FREE-STANDING SIGNS OTHER THAN BILLBOARDS NOT IN
RESIDENTIAL DISTRICTS
Free Standing Signs other than Billboards shall be subject to the following restrictions if not
within a Residential District:
One (1) Free-Standing Sign shall be allowed for each building fronting a public
street. The foregoing, however, is subject to the specific provisions of this Chapter
regarding the total number of Signs allowed for each business, as provided for in
section 430. ] 60 of this Chapter.
2. The bottom of the Sign shall be at least seven (7) feet above the main ground level
on which the Sign is placed. The top of the sign shall not exceed a height of thirty-
five (35) feet above the nearest adjacent street level.
3. Every Free Standing Sign shall be constructed and anchored securely to meet the
following specifications:
a. Over thirty (30) feet to top of Sign: thirty-three (33) pounds per square foot
wind (WMD) load.
b. Under thirty (30) feet to top of Sign: twenty-eight (28) pounds per square foot
wind (WMD) load, based on soil compaction of three thousand (3,000)
pounds per square foot.
4. A Free Standing Sign may have an area of sixty (60) square feet, orthree-fourths ('/4)
square feet of Sign face for every foot of Frontage of the business advertised,
whichever is greater; however, the maximum allowable size for any Free Standing
Sign shall be seven hundred (700) square feet.
5. The Sign must be so located that no part of it projects beyond a one (1) foot setback
line from the property line of the street on which it abuts, or closer than one (1) foot
to an interior property line.
;,
SECTION 430.150: ON-SITE INFORMATIONAL SIGNS
On-Site I~tforrrzational Signs. On-Site informational signs shall be subject to the following
restrictions:
Such signs shall not be more than six (6) square feet per sign face, nor exceed a
height often (10) feet from ground level.
2. Such signs shall be constructed of permanent materials to withstand the natural
elements.
SECTION 430.]55: REAL ESTATE SIGNS IN NON-RESIDENTIAL DISTRICTS
Real Estate Signs Not in a Residential District.
Real Estate Signs in non-residential districts shall be no larger than thirty-two (32)
square feet per sign.
2. Real Estate Signs shall be permitted only on the premises that are advertised for sale
or lease.
SECTION 430.160: LIMITATIONS OF SIGNAGE PER BUSINESS
All Wall, Projecting, Roof, Free-Standing and Ground Signs not in Residential Districts,
shall be governed by the following restrictions:
There shall be no more than two (2) different types of Signs on the same side/top of
a building or site Frontage, except that onmulti-tenant building and shopping centers
a Free-Standing Sign shall be permitted for every three hundred (300) feet of
Frontage or fraction thereof.
2. The total signage of all Signs, except Free Standing and Ground Signs, shall not
exceed ten percent (10%) of the area of the largest exposed wall.
SECTION 430.170: PROJECTION AND CLEARANCE
Generally. All types of signs shall conform to the clearance and projection requirements of
this Section.
Clearancefrom high-voltagepower lines. Signs shall be located not less than six (6)
feet horizontally or twelve (12) feet vertically from overhead electrical conductors
which are energized in excess of seven hundred fifty (750) volts. The term
"overhead conductors ", as used in this section, means any electrical conductor, either
bare or insulated, installed above ground.
2. Cleara~ice front fire escapes, exits or standpipes. No Sign or Sign structure shall be
erected in such a manner that any portion of its surface or supports will interfere in
any way with the free use of any fire escape, exit or standpipe.
3. Projection over public property. No Sign or Sign structure shall be placed, erected
or maintained on, in or above any adjoining public right-of--way, except wall signs,
which must be at least ten (10) feet above the grade of any sidewalk above which the
sign projects.
SECTION 430.180: GENF,RAL RESTRICTIONS ON SIGN REGULATIONS AND
MAINTENANCE AND VIOLATIONS OF THIS CHAPTER
Except as hereinafter provided, all Signs shall be subject to the following general
construction standards and maintenance standards:
The Codes Enforcement Officer or his/her designee, shall initiate the necessary
procedures to remove any sign or immediate danger or hazard to persons or property,
as provided in the City's Building Code relating to the abatement of dangerous
buildings.
2. No signs or other advertising structure regulated by this Chapter shall be erected in
such a manner as to obstruct vision, or at any location where, by reason of its
position, shape or color, it may interfere with, obstruct the view of, or be confused
with any authorized traffic sign, signal or device; or which makes use of the words
"stop", "look", "drive-in", "danger", or any word, phrase, symbol or character in such
a manner as to interfere with, mislead or confuse traffic.
3. All outdoor signs and supports shall be weather resistant so as to prevent rust,
peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint
and other visual damage to a sign shall be repaired within forty-five (45) days of
notice to repair.
4. No sign shall be so illuminated that it interferes with the effectiveness of, or
obscures, an official traffic sign, device, or signal, nor shall the illumination be
directed toward any residential area.
5. Signs to be removed from premises: Any On-Premises Sign which advertises a
business no longer conducted, or a product no longer sold on the Premises or Lot,
shall be removed by the owner, agent, or person having beneficial use of the Premises
or Lot upon which the Sign is erected within thirty (30) days after the business or
product is no longer in operation or being produced or sold on Premises.
6. All Signs on a single parcel or Lot occupied multiple tenants, and all Signs in a
commercial or industrial planned unit development, shall be subject to the following
requirements:
a. The owner shall submit a Master Signage Plan concurrent with an application
for a site development plan (see Chapter 450) which contains the following:
(1) An accurate plot plan of the Lot or Parcel, at a scale of not less than
one (1) inch equals one-hundred (100) feet (1 "=100').
(2) The location of all buildings, parking lots; driveways, and landscaped
areas on the Lot or Parcel.
(3) Computation of the maximum total Sign Area, the maximum area of
individual signs, the height of signs, and the number of freestanding
signs allowed on the Lot or Parcel included in the Master Signage
Plan.
(4) An accurate indication on the plot plan of the proposed location of
each present and future Sign of any type, whether requiring a permit
or not.
(5) Standards for consistency among all Signs on the Lot or Parcel with
regard to the following: color scheme, lettering or graphic style,
lighting, location of each Sign on the buildings, material, and Sign
proportions.
b. For any new building, or for any existing building which is more than fifty
percent (50%) vacant, and which does not have an approved Master Signage
Plan, the building owner shall submit with, or prior to, the first (or next) sign
permit application, a Master Signage Plan for said building for approval.
c. If the use or uses requested in the Site Development Plan are approved by the
Planning Commission, the Master Signage Plan shall be approved by the
Planning Commission if the signs depicted therein comply with the
applicable requirements of this Chapter. The Master Signage Plan shall be
processed in the same manner as a Site Development Plan, as set forth in
Chapter 450, and shall be considered a part of the Site Development Plan,
and shall be approved concurrent with the approval of the Site Development
Plan. The Master Signage Plan shall be denied if the Signs depicted therein
do not complywith the applicable provisions ofthis Chapter. No Sign permit
shall be issued except in conformity with the Master Signage Plan.
c. This subsection 6 shall not apply tonon-conforming Signs owned by tenants
under a current lease in amulti-tenant building.
7. No Sign shall be located or erected by a person, organization, corporation,
partnership or other entity upon the property of another without the permission of the
owner of the property upon which the Sign is to be located.
8. No Sign of any type shall be located within the City, State, or Federal road
easements.
9. No Sign shall be attached to utility poles or other appurtenances which exist within
public street or road easements.
SECTION 430.190: SIGN PERMITS AND FEES REQUIRED
All Signs except those Signs identified in Sections 430.030, 430.080 and 430.090 shall
require the issuance of a sign permit prior to erection, relocation or alteration, provided that
such Signs fully comply with the definitions and specifications of this Chapter. Billboards
governed by sections 430.080 and 430.090 shall not be erected until a special use permit is
issued and all appropriate fees are paid as provided therein.
SECTION 430.200: APPLICATION FOR SIGN PERMIT
Application for a sign permit shall be subject to the following conditions:
Application for any permit required for any sign not included in section 430.060
hereof, shall be made upon forms provided by the Codes Enforcement Officer.
2. Fees for processing the application and sign inspection shall be twenty-five dollars
($25.00).
3. The Codes Enforcement Officer shall, within fifteen (IS) days, review said permit
application and either approve or reject and return same to applicant or make it
otherwise available to the applicant.
4. If the work authorized under any sign permit has not been completed within six (6)
months after the date of approval, it shall become null and void.
SECTION 430.210: ENFORCEMENT
A. Violation of any of the provisions of this Chapter is hereby declared to be unlawful, and
except as provided elsewhere herein, the Codes Enforcement Officer, or his/her designee,
shall be responsible for the enforcement of this Chapter, and may at any time he/she deems
necessary, inspect any Sign structure regulated by the ordinance.
B. Written Notice To Be Given of Violations. If it is found that a Sign is in violation of this
Chapter, the Codes Enforcement Officer, or his/her designee, shall give written notice to the
owner of the Sign; or if the owner cannot be located within thirty (30) days by the Codes
Enforcement Officer, to the owner of the premises on which the Sign is located; or if the
Sign erection is not complete, to the Sign erector stating:
"Failure to comply, or to make good faith efforts to comply with the terms of this notice shall
constitute grounds for the Codes Enforcement Officer to initiate prosecution, or enforcement
in the appropriate judicial forum as determined by the City Attorney."
SECTION 430.220: APPEALS AND VARIANCES
Within the purview of its jurisdiction, the Board of Zoning Adjustment is empowered to
review or modify the Codes Enforcement Officer's (or his/her designee) order, or
determination with respect to Signs covered by this Chapter and may consider variances as
provided by State Statutes.
SECTION 430.230: REVOCATION OF SIGN PERMITS
A. The City will consider to be legal only those Signs which comply with the applicable
requirements of this Chapter. Any Sign not satisfying these rules and those described by this
order is subject to being removed and having the sign permit revoked.
B. The Board of Aldermen shall have the power to revoke any sign permit which violates any
provision of this Chapter, which is habitually unused or which is secured by subterfuge or
which has been issued by mistake, misunderstanding or error by the City.
C. If a permit is revoked or canceled, or the application is withdrawn, the applicant is not
entitled to a refund of the fee.
D. Permits are not transferable either between Signs or between applicants.
E. When a business officially "terminates operations"or "goes out of business ", the sign permit
is considered invalid and the holder shall have thirty (30) days from the date that the business
was last open to the public to perform the following tasks:
Take the Sign down; and
2. Remove all Sign support strictures; and
3. Fill in any excavations.
F. Failure to comply with any provisions above shall be grounds for removal of the non-
conforniing Sign by the City.
SECTION 430.240: VIOLATION OF CHAPTER
It shall be unlawful for any person to violate any provisions of this Chapter. Upon
conviction, a person fow~d violating any provisions ofthis Chapter shall be fined an amount
not to exceed five hundred dollars ($500.00).
SECTION 430.250: SEVERABILITY
If any subsection, sentence, clause, phrase or portion of this Chapter is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
SECTION 2. The sections, paragraphs, clauses, and phrases ofthis 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 ofa court ofcompetent 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 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED THIS ~ DAY OF
,~ ~
iviayor
ATTEST: /~ ~~
ty Clerk
APPROVED AS TO FORM:
1999.
City Attorney