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HomeMy WebLinkAboutOrd.5914.2026-07-06 BILL NO. 26-52 ORDINANCE NO. 59H AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING BILLBOARDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . Section 25-109, entitled "Billboards . ", of Article IV of Chapter 25 of the City Code, reading as follows: Sec. 25-109. Billboards . Billboards shall be erected only upon approval of a special use permit, as set out in section 30-104 . In addition to the requirements of section 30-104, the following regulations apply to the erection of billboards : (1) Billboards shall be allowed only in the C-2, PD, M-1 and M-2 zoning districts . (2) Billboards shall be allowed only on parcels of land bordering the following streets : a. Interstate 55. b. William Street (Route K) , west of Kingshighway. c. Missouri Route 74, west of Kingshighway. d. Kingshighway from Boulder Crest Drive south to Interstate 55 . (3) No billboard shall be placed within 1, 400 feet of another billboard. This section shall not apply to billboards which are located on opposite sides of the street to which the billboard is oriented. (4) No billboard shall be placed within 30 feet of a street right-of-way. (5) No billboard shall be placed within 100 feet of a property line of a property which is used for residential purposes . (6) For the purposes of placing billboards, a V-shaped billboard or a back-to-back type of billboard shall be considered one billboard: Sign faces of less than 150 square feet may be placed between billboard faces at the apex of the "V" or across the rear of the "V, " but no such 1 sign shall be oriented toward a street upon which billboards are not allowed. The angle of all sign faces shall be oriented so that they are between 75 degrees and 90 degrees to the street on which the billboard is permitted. (7) No billboard shall be located in such a manner as to obscure an official traffic sign, signal or device, or obstruct a driver' s view of approaching or intersection traffic. (8) The maximum area of a billboard sign face shall be 300 square feet. The maximum length of a billboard sign face shall be 30 feet. The maximum total sign face area of a billboard shall be 600 square feet. (9) There shall be a minimum clearance of ten feet from grade of the street to which the billboard is oriented to the bottom of a billboard sign face. There shall be a maximum height of 30 feet from grade of the street to which the billboard is oriented to the top of a billboard sign face. (10) Audio speakers are prohibited in association with any billboard. (11) Electronic, video or digital billboard images or any portion thereof shall have a minimum duration of at least eight seconds and shall be a static display. No portion of the image may flash, scroll, twirl, change color, or in any manner imitate movement. (12) Billboards may be illuminated, subject to the following instructions : a. No revolving or rotating beam or beacon of light shall be permitted as part of any billboard. Flashing devices shall not be permitted upon a billboard. However, changeable copy signs, such as those used for time and temperature displays, shall be permitted, but shall not be permitted to operate in a flashing or scrolling manner. b. External lighting, such as flood lights, thin line and gooseneck reflectors, are permitted, provided the light source is directed on 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 street. c._ The illumination of any billboard within 100 feet of a property line which is used for residential purposes 2 shall be diffused or indirect in design to prevent direct rays of light from shining into adjoining residential districts . d. Electronic, video or digital billboard images shall be equipped with automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. The maximum luminance produced by electronic, video or digital billboard images shall not exceed 0 . 3 footcandle greater than the ambient light level. (13) The following billboards shall not be permitted to remain or to be erected: a. Billboards which have been erected without a building permit. b. Billboards that employ any stereopticon or motion picture projection, or any portion of which gives the illusion of motion. This includes any electronic graphic signs or video displays, but does not include signs that contain changeable copy, such as time and temperature. c. Billboards which are not clean, not in good repair, not structurally sound, or obsolete (billboards shall not be considered obsolete solely because they temporarily do not carry an advertising message) . d. Billboards which appear to attempt to regulate, warn, or direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal or device. e. Billboards which are erected or maintained upon trees or painted or drawn upon .rocks or other natural features. f. Billboards which are nonconforming and damaged or destroyed to an extent of more than 60 percent of the replacement cost. g. Billboards that prevent ingress or egress from any doors, windows, or fire escapes. h. Billboards that . are attached to a standpipe or fire escape. s here1ed nztsentretand a new Section 25-109, entitled "Billboards . ", of Article IV of Chapter 25 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: 3 Sec. 25-109. Billboards . (a) The term "billboard" means an outdoor sign that advertises a business, goods, or services not located or available on the property upon which the sign is located, excluding any such sign permitted in article V. (b) Billboards shall be erected only upon approval of a special use permit, as set out in section 30-104 . In addition to the requirements of section 30-104, the following regulations apply to the erection of billboards: (1) Billboards shall be allowed only in the C-1, C-2, M-1, M- 2, and PD zoning districts . (2) Billboards shall be allowed only on parcels of land bordering the following streets or street sections and only along the frontages of said streets or street sections: a. Interstate 55; b. William Street (Missouri Route K) , west of Kingshighway; c. Shawnee Parkway (Missouri Route 74) ; d. Kingshighway from Interstate 55 south to Cape Girardeau County Park North; and e. Kingshighway from Boulder Crest Drive (northern terminus) south to Interstate 55 . (3) No billboard shall be placed within 1, 400 feet of another billboard. This restriction shall not apply to billboards that are located on the opposite side of the street to which the billboard is oriented. (4) No billboard or any portion thereof shall be placed within 30 feet of a public right-of-way. (5) No billboard or any portion thereof shall be placed within 100 feet of a property that is used for residential purposes . (6) A V-shaped billboard or a back-to-back type of billboard shall be considered one billboard. Sign faces no greater than 300 square feet in area per face may be placed between billboard faces - at the apex of the "V" or across the rear of the "V, " but no such sign faces shall be oriented toward a street upon which billboards are not allowed. Such sign faces shall count toward the total sign 4 face area. All sign faces shall be positioned such that they are between 75 degrees and 90 degrees to the street to which the billboard is oriented. (7) No billboard shall be located in such a manner as to obscure an official traffic sign, signal or device, or obstruct a driver' s view of approaching or intersection traffic. (8) The maximum area of a billboard sign face shall be 800 square feet for billboards on parcels of land bordering Interstate 55 and 300 square feet elsewhere. The maximum length of a billboard sign face shall be 50 feet for billboards on parcels of land bordering Interstate 55 and 30 feet elsewhere. The maximum total sign face area of a billboard shall be 1, 600 square feet for billboards on parcels of land bordering Interstate 55 and 600 square feet elsewhere. (9) There shall be a minimum clearance of ten feet from the grade of the street to which the billboard is oriented to the bottom of the billboard sign face. There shall be a maximum height of 35 feet from the grade of the street to which the billboard is oriented to the top of the billboard sign face, except that billboards on parcels of land bordering Interstate 55 shall have a maximum height of 45 feet from the grade of the street to which the billboard is oriented to the top of the billboard sign face. (10) Audio speakers in association with any billboard shall be prohibited. (11) Electronic, video or digital billboard images or any portion thereof shall have a minimum duration of at least eight seconds and . shall be a static display. No portion of the image may flash, scroll, twirl, change color, or in any manner convey motion. (12) Billboards may be illuminated, subject to the following restrictions : a. No revolving or rotating beam or beacon of light shall be permitted as part of any billboard. Flashing devices shall not be permitted upon a billboard. b. External lighting, such as flood lights, thin line and gooseneck reflectors, are .permitted, provided that the light source is directed toward the face of the billboard and is effectively shielded to prevent direct 5 rays of light from shining onto any portion of the street. c. The illumination of any billboard within 100 feet of a property that is used for residential purposes shall be diffused or indirect in design to prevent direct rays of light from shining onto adjoining residential properties . d. Electronic, video or digital billboard images shall be equipped with automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. The maximum luminance produced by electronic, video or digital billboard images shall not exceed 0 . 3 footcandle greater than the ambient light level. (13) The following billboards shall not be permitted to remain or to be erected, except as noted herein: a. Billboards that have been erected without a building permit, excluding such billboards that were lawfully erected prior to the original adoption of this section on December 6, 2010 and are not enlarged or upgraded in any way. b. Billboards that employ any stereopticon or motion picture projection, or any portion of which conveys motion. c. Billboards that are not clean, not in good repair, not structurally sound, or obsolete (billboards shall not be considered obsolete solely because they temporarily do not carry an advertising message) . d. Billboards that appear to regulate, warn, or direct the movement of traffic or that interfere with, imitate, or resemble any official traffic sign, signal or device. e. Billboards that are erected or maintained upon trees or painted or drawn upon rocks or other natural features . f. Billboards that are nonconforming and damaged or destroyed to an extent of more than 60 percent of the replacement cost. Such billboards may only be rebuilt upon issuance of a special use permit. g. Billboards that prevent ingress or egress from any doors, windows, or fire escapes . h. Billboards that are attached to a standpipe or fire escape. 6 ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason 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 hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS tJly\ day of , 2026. RA Robert F. Guard, Ma r ATT ST: l; g'tit ' Courtney Davis, Deputy City Clerk , 7