In addition to any other provisions of this chapter, the following provisions apply:
(a) Intent. This section is intended to permit, in limited circumstances, the development and construction of large static and digital billboard displays to provide off-premises commercial and non-commercial messaging in select zoning districts. The restrictions set forth in this section has been developed to require certain size, height, lighting, and display restrictions, as well as institute security measures, to ensure that each billboard will not cause unnecessary distraction(s) to its citizens.
(b) General Billboard Provisions.
(1) Definitions. Unless otherwise specified, the terms "Billboard", "Static Billboard", "Digital Billboard", and "Off-premises sign", shall be interpreted as having the definitions set forth in Section 1115.03
.
(2) Sign Area and Height.
A. Signs which are located on roadways with five (5) lanes of traffic or more shall not exceed 600 square feet in sign area.
B. Signs which are located on roadways with four (4) lanes of traffic or less shall not exceed 300 square feet in sign area.
C. No static or digital billboard shall exceed sixty (60) feet in height to the top of the static or digital display panel.
D. No static or digital billboard shall exceed one hundred and twenty (120) square feet in additional structural area surrounding the static or digital display panel for non-commercial display to accommodate architectural features.
E. No static or digital billboard shall exceed seventy-two (72) feet in total height to accommodate architectural features.
(3) Sign Location.
A. The leading edge of a billboard shall be no closer than ten (10) feet in any direction to the Thoroughfare Plan right-of-way;
B. No Static or Digital billboard shall be located within three hundred (300) feet of a residential district.
C. Digital Billboards.
1. No Digital billboard shall be erected within two thousand five hundred (2,500) foot radius of an existing digital billboard.
2. No Digital billboard shall be located within two thousand five hundred (2,500) foot radius of an existing static billboard
D. Static Billboards. No Static billboard shall be located within two thousand five hundred (2,500) foot radius of any existing static or digital billboard.
(4) Sign Illumination.
A. Static Billboards may be illuminated. Static Billboards may not use illumination to change or otherwise alter the static display.
B. Digital Billboards must comply with the following regulations:
1. Digital Billboards may not cause glare or otherwise impair the vision of drivers operating vehicles in any direction.
2. Digital Billboards may be illuminated to maximum level of 0.3 foot-candles as measured at a vertical distance of 250 feet at sunset, or 0.24 foot-candles as measured at a vertical distance of 250 feet at sunrise. Owners/Operators of the digital billboard shall use the times of sunset and sunrise as published by the United States Naval Observatory.
3. Digital Billboards must utilize automatic dimming technology to increase or decrease the level of brightness relative to the ambient light, as needed throughout the Billboard's operation, so that at no point in time the Digital Billboard display exceeds the light measurement guidelines set forth above.
4. In the event of failure, the Digital Billboard must display either a static image (supplied and approved as part of the permit application) or deactivate all message display(s) until repairs can be effected.
The Owner(s)/Operator(s), in applying and being approved for a billboard permit, guarantee that should the Digital Billboard be compromised by a third party, the Owner(s)/Operator(s) shall maintain the ability to immediately deactivate the entire display upon notice that such has occurred.
The Owner(s)/Operator(s) of the Digital Billboard must regularly investigate and test the Billboard's security mechanisms for potential flaws in the billboard's software and/or operation. This requirement is mandated with the intention to prevent any breach or hacking by a third party, who may change the billboard's message to an alternative, potentially illicit, message that would be inappropriate for display.
5. Digital Billboards must be maintained such that no more than 2% of the total number of light sources incorporated into the design of the billboard are in a state of inoperability or failure at any one time.
(5) Sign Messages.
A. Digital Billboards may not display images that include animated, flashing, scrolling, intermittent or full-motion video elements.
B. Digital Billboards must display fixed images for no less than 8 seconds, and the transition between images must be accomplished in no more than 1 second.
C. Digital Billboards are prohibited from utilizing and incorporating communication devices that may allow drivers or passengers to interact with the display.
D. Digital Billboards are prohibited from utilizing and incorporating audio speakers of any kind.
(c) Other Provisions.
(1) Landscaping.
A. Due to the visual impact of Billboards on the local community, the City of Moraine intends to incorporate an Architectural Design review into each Billboard Application. Each application filed with the City shall incorporate into its design a landscaped area of approximately 30% of the billboard's display area.
B. The Landscaped area shall be located at the base of the proposed Billboard, and shall incorporate both vegetation and floral designs.
(2) Maintenance.
A. All Applicant(s), Owner(s), and Operator(s) of existing and potential Billboards shall be required to maintain and remove their sign(s) based on the provisions set forth in Section 1189.19.
(3) Existing Signs.
A. Any Billboard existing at the time of enactment of this section shall remain subject to the provisions set forth in Section 1189.05.
B. Any Static Billboard that is retrofitted to become a Digital Billboard, or any Digital Billboard that is retrofitted to become a Static Billboard, shall comply with the provisions of this chapter.
(d) Application Review.
(1) No permit shall be issued for a Billboard or Off-Premises sign unless the construction of such signs results in the removal of one or more existing Billboards from parcels in the A-1, R-2, R-2A, R-3, R-4, B-1, B-2, or C districts, or the removal of two or more existing Billboards from parcels in the M-1, M-2, or M-PUD districts.
(2) Billboards shall be erected only in zoning districts for which "Billboard or Off-Premises Advertising" is an authorized Special Use, and then only upon the approval of such Special Use by Council in accordance with Chapter 1117 of this Code.
(3) No Permit shall be issued for a Billboard or Off-Premises sign unless the application for said permit specifies the type of billboard to be constructed, whether digital or static.
(Ord. 1955-16. Passed 10-13-16.)