Troy City Zoning Code
ARTICLE X
Sign Regulations 1
Section 405.425 Sign Regulations.
[R.O. 2006 §405.300; Ord. No. 503A, 7-17-2000]
Sign regulations for each zoning district, and for special uses/purposes, are contained in the City's ordinances. It is the intent of these regulations to regulate and control the type, location, height and size, erection, number and maintenance of signs within the City of Troy for aesthetic and other purposes.
Section 405.430 Billboards.
[Ord. No. 1373, 12-16-2024]
A.
General Provisions.
1.
All billboard signs must comply with the more restrictive of these regulations or the requirements contained in all State and Federal laws, including, without limitation, Sections 226.500 to 226.600, RSMo., as amended (the "State sign law").
2.
All new billboard signs must comply with all provisions of applicable building codes and the applicant must obtain all necessary permits or licenses which are necessary or required.
3.
Where a billboard sign, whether installed prior to or after the effective date of this Chapter, does not include any message for a period of one hundred twenty (120) continuous days, such billboard structure shall be deemed abandoned thereafter and shall be removed.
4.
No billboard sign shall be placed on rocks, trees, or on poles maintained by public utilities.
5.
The owner of a billboard sign and each user thereon shall indemnify and hold the City harmless from and against any loss, claim or expense (including attorney's fees, publisher's liability and advertiser's liability) arising, directly or indirectly, from the erection and/or use of said billboard sign, and such owner and user shall maintain liability insurance in accordance with, in an amount to be approved by the City, except that the minimum insurance for publisher's and advertiser's liability shall be five hundred thousand dollars ($500,000.00) per occurrence, one million dollars ($1,000,000.00) aggregate.
6.
In the event of any conflict between the provisions of this Section and any other provision in this Chapter, the provisions of this Section shall prevail.
7.
An existing non-conforming billboard may be removed and replaced with a billboard upon the Board of Aldermen's approval of, and pursuant to, a relocation and reconstruction agreement. Additional conditions and restrictions relating to the replacement of billboards shall be set forth in the replacement and relocation agreement. Each such replacement and relocation agreement shall contain:
8.
Prior to consideration by the Board of Aldermen of a replacement and relocation agreement, such application shall be reviewed by the Planning and Zoning Board, and submitted to the Planning and Zoning Board, who shall make a recommendation to the Board of Aldermen if:
a.
A proposed relocation site is compatible with the uses and structures on the site and in the surrounding area;
b.
The proposed billboard would create a traffic or safety problem, including problems associated with on-site access circulation or visibility;
c.
The proposed billboard would interfere with on-site parking or landscaping required by the City's Municipal Code; and
d.
The proposed billboard would otherwise result in a threat to the general health, safety and welfare of the community.
In considering approval after a recommendation from the Planning and Zoning Board, the Board of Aldermen shall consider the same forgoing criteria. If the Board of Aldermen approves a replacement and relocation agreement, the applicant will be required to apply for any applicable sign permits.
9.
The sign face of an existing billboard, that is visible from the highway, and that does not have a digital display may be changed for a digital display, provided that the dimensions of the digital display are no greater than the existing sign face, and that the digital display complies with all applicable requirements of the City's Municipal Code.
10.
Audio speakers are prohibited in association with a billboard.
B.
Standards For Location, Spacing, Size, Height And Lighting.
1.
Location And Spacing.
a.
No billboard sign shall be maintained, erected, or located anywhere in the City unless the proposed site for such billboard sign is in an area of the City then zoned "I-1" or "I-2."
b.
All billboard signs shall be exempt from the setback requirements of the zoning district in which they are permitted. All billboard signs, shall, however, be set back from the road right-of-way a minimum of thirty (30) feet.
c.
No billboard sign shall be located on the right-of-way or any road or any slope or drainage easement for such road.
d.
No portion of a billboard shall be placed within a fifty (50) foot radius of any point of a building. Once a billboard has been erected, a fall line equal to the height of the billboard plus ten (10) feet shall be maintained. No buildings or structures shall be located within this zone. Existing buildings within this zone shall be considered pre-existing non-conforming.
e.
No billboard shall be placed within a one thousand (1,000) foot radius of the nearest point of any structure on a residentially zoned property, measured from the base of the billboard.
2.
Size.
a.
The maximum area for any one (1) billboard shall be three hundred ninety-two (392) square feet, inclusive of border and trim but excluding the base, apron, or supports and other structural members. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire billboard.
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 (2) displays to each facing, but such billboard structure shall be considered as one (1) billboard.
c.
Temporary cutouts, to the extent permitted by Missouri Department of Transportation are allowed; provided, such cutouts do not exceed thirty percent (30%) of the normal size of the sign, and are not in place for a period of three (3) years or more. When temporary cutouts are utilized, the size of the sign may exceed the prescribed maximum size set forth herein.
3.
Height. The maximum height to top of signage shall not exceed forty-five (45) feet above ground level or the grade level of the adjoining street, whichever is higher.
4.
Lighting.
a.
No revolving or rotating beam or beacon of light shall be permitted as part of any billboard sign. No flashing, intermittent or moving light or lights shall be permitted as a part of any billboard sign.
b.
External lighting, such as floodlights, thin line and gooseline reflectors are permitted; provided, the light source is directed upon the face of the billboard sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of any road or highway near such billboard sign, 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 sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal.
5.
Digital Billboards. Billboards having a digital display (digital billboards) are permitted; provided that such billboards do not flash, scroll or employ any form of animation or moving images. Digital billboards must present a static display that changes no more frequently than every ten (10) seconds. A digital billboard that complies with the provisions of this Section shall not be considered a flashing sign. Digital billboards shall also be subject to the following requirements:
a.
When the full billboard image or any portion thereof changes, the change sequence must be accomplished by means of instantaneous re-pixelization.
b.
The digital billboard must not exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of three hundred (300) nits (candelas per square meter) between dusk and dawn as measured from the sign's face at maximum brightness.
c.
Digital billboards must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between dusk and dawn.
6.
Fees.
a.
Application Fees. A non-refundable application fee of one thousand dollars ($1,000.00) shall be paid to the City upon application for any billboard sign to defray the ordinary and necessary expense of the City to assure compliance with local wind and other structural loads and electrical requirements.
b.
Billboard Yearly License Fee. A licensing fee of one thousand dollars ($1,000.00) shall be paid to the City every year. See Table I to Tittle IV, Table of Fees.
7. BILLBOARDS POLE SIGNS
Definitions.
All signs which advertise products or businesses which are not located on the same premises as the sign.
Any detached sign located on the same lot or parcel as the use it advertises, which sign is supported by one (1) or more stationary poles longer than three (3) feet above the mean grade line of the ground at its base; provided that this shall not include a permitted ground sign.
Section 405.435 Violations and Penalties, Signs Generally.
[Ord. No. 1373, 12-16-2024]
A.
All signs erected within the City limits of Troy, Missouri, found not to be following the provisions of the prevailing ordinance in force at the time of their erection or were erected without the proper permits shall be deemed illegal.
1.
Code Violations. If it is found that a sign is in violation of this Chapter, official notice shall be given to the owner of the sign or if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located or, if the sign erection is not complete, to the sign erector. Such notice shall state:
a.
The violations found.
b.
That all violations must be brought into compliance with the requirements of this Chapter and all other provisions of the Troy Zoning Code within the time frame allowed [five (5) days from the date of such notice for an installed sign or immediately for a temporary sign or specialty display].
c.
The requirements which must be met.
d.
That any person found to be in violation of any provision of this Chapter shall be subject to a fine of up to five hundred dollars ($500.00), up to ninety (90) days imprisonment, or both. With each day of such violation constituting a separate offense without further notice being required.
2.
Removal Of Signs In Violation. All signs that are defined as "prohibited" under the terms of this Chapter or that are located on public property or public rights-of-way are subject to immediate removal by City staff without any notice or warnings being issued.
a.
All signs removed by City staff become City property and may be destroyed. Under the terms of this Section, the parties from whom the signs are taken will not be entitled to compensation or remuneration.