HomeMy Public PortalAboutORD12542 1
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BILL NO. 96-99 PASSED AS AMENDED
SPONSORED BY COUNCILMAN Landwehr
ORDINANCE NO. 12542
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING THE CODE OF THE
CITY OF JEFFERSON, MISSOURI, CHAPTER 3, SECTION 3-5.A(1) BY ADDING AND
DELETING CERTAIN PROVISIONS REGULATING OFF-PREMISES BILLBOARDS ON
FEDERAL AND STATE DESIGNATED ROUTES WITHIN THE CITY OF JEFFERSON,
MISSOURI AND ADDING A NEW ARTICLE ON THE SAME MATTER.
WHEREAS, the City of Jefferson("City")is so situated as to have substantial frontages
on interstate and primary highways running adjacent to or through the City including
approximately six (6) miles on both sides of Highway 54 and more than ten (10)miles on both
sides of Highway 50 and one (1) mile on both sides of Highway 63; 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
special 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 federal and state designated routes,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
enhanced by the
WHEREAS, o the highest standards of privacy,aaesthetics and safety for the
benefit of all its residents;and
WHEREAS,the City customarily and historically has carefully regulated the size, location
and a
ppearance of all billboards permitted within the City; and
WHEREAS, the City is mindful of Sections 226.500 to 226.600, RSMo ("the Missouri
Billboards Act")and desires to conform the City's ordinances in all respects to the requirements
of such Act;and
WHEREAS,the City 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 permits 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
billboards;(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;
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IT IS HEREBY DECLARED that the erection and placement of Off-Premises Billboards
along federal and state designated routes within the City should be carefully regulated in the
manner provided herein so that the billboards do not substantially impinge upon the privacy,
aesthetic, and safety interests of the community.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
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Section 1. Chapter 3 of the Code of the City of Jefferson,Missouri,is hereby amended
by creating an Article numbered"Article I", entitled"Generally", to which Sections 3-1 through
3-12, inclusive shall be assigned.
Section 2. Section 3-5.A(1)of the Code of Jefferson City,Missouri,is hereby repealed
as follows:
Sec.3-5.Certain Signs Prohibited.
A. After the effective date of this chapter,there shall be erected,constructed or exhibited none
of the following:
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Section 3. Chapter 3 of the Code of the City of Jefferson, Missouri, is hereby amended
by creating a new Article II,to which Section 3-13 shall be assigned and renumbered Section 3-
21, as follows:
ARTICLE ti.OFF-PREMISES ADVERTISING
See.3-20. Definitions.
Off-Premises Billboard: As used herein,"Off-Premises Billboards"shall mean all billboards
within the boundaries of the City which are subject to the regulations set forth in Section 226.540
RSMo. ,
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Federal Designated Routes: As used herein,"federal designated routes"shall mean federal i
routes constructed or maintained by federal funding including,but not limited to,routes 50,54 and
63.
State Designated Routes: As used herein,"state designated routes"shall mean state routes
constructed or maintained by state funding including,but not limited to,routes 94,179,B,C and W.
Additional Definitions RSMo The definitions of words and phrases contained in Section 226.510,
are hereby adopted and incorporated by reference and shall apply whenever such word or
phrase is used in Sections One through Thirteen herein.
Sec.3-21. Rules and Regulations.
Notwithstanding provisions of any other sections of this Chapter,the Rules and Regulations set forth
in Sections One through Thirteen below shall apply to Off-Premises Billboards. All provisions of
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other sections of this Chapter which are not inconsistent with Sections One through Thirteen or with
the Missouri Billboards Act shall remain in full force and effect with respect to Off-Premises
r Billboards. To the extent any other section of this Chapter may be inconsistent with Sections One
through Thirteen as applied to Off-Premises Billboards,the Rules and Regulations of Sections One
1 through Thirteen shall apply.
A. The following rules and regulations shall specifically apply to Off-Premises Billboards:
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1.
Lighting: ,
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 will be permitted.
R b. External lighting,such as floodlights,thin line and gooseneck reflectors are
permitted,provided the light source is directed upon the face of the billboard
and is effectively shielded so as to prevent beams or rays of light from being
directed into any portion of the main traveled way on federal and state
designated routes 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;
C. No billboard shall be so illuminated that it interferes with the effectiveness of,
or obscures,an official traffic sign,device or signal;
d. Nor shall the illumination be directed toward any residential area; +
e. The maximum average lighting intensity level for such billboard shall be
twenty(20)foot candles at the light source.
2. Area of Billboards:
a. The maximum area for any one billboard shall be six hundred(600)square
feet with a maximum width 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;
b. The maximum size limitations shall apply to each side of a billboard structure,
and billboards 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 billboard.
3. Spacing of Billboards:
a. Federal designated routes: No Off-Premises Billboard shall be erected within
one thousand (1,000) feet of an existing billboard on the same side of the
highway;
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b. State designated routes: No Off-Premises Billboard shall be erected on any
state designated route;
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; j
d. The measurement in this section shall be minimum distances between
billboard structures measured along the nearest edge of the pavement
between points directly opposite the billboard along each side of the highway
and shall apply only to billboard structures located on the some side of the
highway involved.
4. Setbacks,Safety Clearances and Height:
a. Setbacks: In order to 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 minimum setbacks of the following:
(a) at least ninety (90)feet from its nearest edge to the right of way of any
federal or state designated routes,and (b)at least ninety(90) feet from all
property lines and from all roofed structures, from all points of the Off-
Premises Billboard;
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b. Safety: 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 bottom of sign face of such Off-Premises Billboard,of
thirty-five (35) feet. In addition, the applicant for permit shall present
documentation to the reasonable satisfaction of the Director of Planning and
Code Enforcement 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.
5. Setbacks at Highwav Interchanees and Bridges: No Off-Premises Billboard shall be
located adjacent to or within two thousand (2,000) feet of any interchange,
1 intersection at grade,safety rest area,or bridge approach. Said two thousand(2,000)
feet shall be measured from the beginning or ending of the pavement widening at the
exit from or entrance to the main traveled way and from the beginning of the bridge
deck.
6. Setbacks from Residential and Public Activity Areas: No Off-Premises Billboard
shall be located within five hundred(500)feet of land zoned for residential or utilized
for public activity purposes.
7. Landscaping,Lighting and Fencing: Before a permit is issued,the applicant shall
? I receive approval for a plan for landscaping,billboard lighting and fencing around the
tis i proposed Off-Premises Billboard to ensure that the structure will be aesthetically
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z compatible with its surrounding 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 Director
of Planning and Code Enforcement. In determining whether the landscaping plan is
reasonably suitable,the Director of Planning and Code Enforcement 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.
8. 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 as all
other nuisances on private property.
9. 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.
f� 10. Legal Nonconforming Billboards: Any billboard which was lawfully erected or f
affixed prior to the adoption of this ordinance and which complied with all
regulations in force at the time it was erected or affixed,but which fails to conform
1 to all applicable regulations and restrictions of this ordinance,shall bu considered a
I legal nonconforming billboard. A legal nonconforming billboard may be continued
and shall be maintained in good condition,but shall not be:
a. Structurally altered(except to meet safety requirements)so as to prolong the
n` life of the sign;
b. Altered so as to increase the degree of nonconformity of the sign;
C. Expanded;
d. Re-established after damage or destruction if the estimated cost of
reconstruction exceeds seventy-five(75)percent of the appraised replacement
costs at the time such damage occurred.
11. Abandoned Billboards: Where a billboard structure does not include advertising
information other than for the use of the billboard for a period of one hundred eighty
(180)continuous days,such billboard structure shall be deemed abandoned and shall
be removed.
,. . 12. Permits:
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a. The City shall not issue a permit for any new Off-Premises Billboard without
a permit having first been issued by the Missouri Department of
J Transportation;
b. The City shall charge a permit fee equal in amount to its building permit fee
for other signs or similar structures to assure compliance with the City wind
r load and electrical requirements when the billboard is first erected,but shall
not charge any subsequent permit or inspection fee for such billboard;
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C. Before a permit is issued, the applicant shall submit two surveys: (1) a
certified boundary survey of the site showing location of the billboard and its
setback/clearance zone; and (2) a billboard survey to indicate the relative
vertical and horizontal distances between the proposed billboard and all other
pole mounted signs within one thousand(1,000)feet. If by reason of height,
size or spacing,the proposed billboard creates a significant disharmony with
pole mounted signs within one thousand(1,000)feet,or unreasonably detracts
from the visibility of other neighboring signs or properties,the Director of
Planning and Code Enforcement may require reasonable modification of the
billboard's dimensions to cure such deficiencies as a condition to granting a
permit.
13. Renewal Inspection and Permit: Owners of all billboards erected after this date shall
be required to submit an inspection report from a Missouri licensed engineer as to the
billboard's structural integrity. Such certification shall be done on or before June
first of each third year. Failure to submit a report shall result in the immediate
revocation of the billboard's permit.
IB. Penalties. The owner or general agent of a building or premises where a violation of any
provision of this chapter has been committed or shall exist,or the owner,general agent,
lessee or tenant of any part of the building or premises in which such violation has been
committed or shall exist, or general agent, architect, builder,contractor or any other
person who commits,takes part,or assists in such violation or who maintains any building
or premises in which any such violation shall exist,shall be deemed guilty of a misdemeanor,
punishable by a fine of not less than Ten Dollars($10.00)and not more than One Hundred
Dollars($100.00)for each and every day that said violation continues after due notice as
provided herein,but if the offense be willful,on conviction thereof,the punishment shall be
a fine of not less than One Hundred Dollars ($100.00)nor more than Two Hundred Fifty
Dollars($250.00) for each and every day that such violation shall continue. Any person
who,having been served with an order to remove any such violation,shall fail to comply with
said order within ten days after such service or shall continue to violate any provision of the
regulations made under authority of this chapter in the respect named in such order,shall
also be subject to a civil penalty of Two Hundred Fifty Dollars($250.00). I .
Nothing contained herein shall prevent the city from taking such other lawful actions as may be
necessary to prevent or remedy any violation.
Sec.343 22.Enforcement,Violations and Penalty.
A. Enforcement by the Building Official. In case any sign or advertising device or stnucture is
'',� •j ,� erected,constructed,reconstructed,altered,converted,or maintained in violation of this chapter
or other regulations made under the authority conferred hereby,the Building Official shall institute
proper action or proceedings:
I. Prevent such unlawful erection, construction, reconstruction, alteration, conversion,
maintenance or use;
2• Restrain,correct or abate such violation;or,
3. Prevent any such illegal act,conduct or use.
It shall be the dirty of the Building Official to afford the offending party notice of the specific
complaint by United States Certified Mail, giving said person ten days notice of his violation(s) or
anticipated violation(s)and order the correction of the violation.
B. Appeal of Decisions of the Building Official. Where it is alleged there is an error in any order,
requirement,decision or determination made by the Building Official,any aggrieved person may
appeal the order,requirement,decision or determination to the Board of Adjustment in accordance
with the provisions of Sec.35-80 of time Jefferson City Code of Laws.
C. City's right to remove illegal sign,procedures to be followed. if the Building Official shall find
that any sign or other advertising structure regulated herein is unsafe or insecure,is a menace to
the public, is abandoned or maintained in a dilapidated condition, or has been constructed or
erected or is being maintained in violation of the provisions of this chapter,he shall give written '
notice to the permittee or property owner thereof. If the permittee or property owner fails to
:. remove or alter the sign or advertising structure so as to comply with the standards herein set forth f
within a reasonable time specified in such notice,such sign or other advertising structure may be f
removed or altered to comply by the Puilding Official;any expense incidental to such removal or l
alteration shall be charged to the owner of the property upon which the sign is located and shall
constitute a lien upon the property.
The Building Official may cause any sign or other advertising structure which is an immediate f� '
peril to persons or property to be removed summarily without notice. Such signs or other
advertising structures are hereby declared to be a public nuisance. When any sign is removed
' summarily without notice, the owner or lessee thereof shall have the right to a post-seizure
administrative hearing to detennine whether there was probable cause to remove the sign.
D. Penalties. The owner or general agent of a building or premises where a violation of any provision
of this chapter has been committed or shall exist, or the owner, general agent,lessee or tenant
of any part of the building or premises in which such violation has been committed or shall exist, i
or general agent, architect, builder,contractor or any other person who commits,takes part,or
assists in such violation or who maintains any building or premises in which any such violation
shall exist,shall be deemed guilty of a misdemeanor,punishable by a fine of not less than Ten
Dollars($10.00)and not more than One Hundred Dollars($100.00)for each and every day that
said violation continues after due notice as provided herein, but if the offense be willful, on
conviction thereof, the punishment shall be a fine of not less than One Hundred Dollars
($100.00)nor more than Two Hundred Fifty Dollars($250.00)for each and every day that such
violation shall continue. Any person who,having been served with an order to remove any such
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violation,shall fail to comply with said order within ten days after such service or shall continue nder authoriy of this chapter in the respect
to violate any provision alltlalso be to a c
l su v 1 penaltytof Two Hundred Fifty Dollars
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' ) named in such order, .
($250.00).
E. Nothing contained herein shall prevent the city from taking such other lawful actions as may be
I necessary to prevent or remedy any violation.
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Sec.3-2A�Applcability of Rules.
A. Thhe erection, alteration, reconstruction,
e provisions of this article shall apply to t
construction and in of all Off-Premises Billboards within the City.
B. To the extent that any other provision of this chapter shall be more restrictive than the
provisions set forth in this article,the more restrictive provision shall apply.
C. 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 judgment,decree or injunction order of a court of competent jurara�raphssand
ruling shall not affect any of the remaining phrases, clauses, sentences, p b
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 judgment,decree or injunction order that this
chapter is unlawful because of any omission or prohibition in this chapter,then all provisions
of this chapter not specifically declared to be unlawful shall remain in full force and effect.
In the event that a judgment,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.
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j Section 4. This Ordinance shall be in full force and effect from and after the date of its
I passage and approval.
Passed:—L--P—( �� Approved:
IPresiding Officer ayor
ATTEST:
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