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§ 92.038 PROHIBITED SIGNS.
   (A)   Any sign, which the Director of Planning and Community Development or his or her designee determines, obstructs the view of bicyclists or motorists using any street or approach to any street intersection, or which interferes with the effectiveness of or obscures any traffic sign, device, or signal shall be prohibited.
   (B)   Specifically prohibited are:
      (1)   Illuminated highly reflective signs or spotlights, which hamper the vision of motorists or bicyclists.
      (2)   Signs which contain lights, rotating disks, words, and other devices not erected by a public authority which may be erroneously construed as government signs or emergency warning signs. An example of this is a sign which contains a picture of a traffic sign plus the word "Stop," "Yield," etc.
      (3)   Any sign located outdoors which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air.
      (4)   Any sign (other than a government sign), banner, or display placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface located on, over, or across any public street or right-of-way, or any banner, placed on stakes on a property, unless otherwise permitted.
      (5)   Any sign located in such a way as to intentionally deny an adjoining property owner visual access to an existing sign.
      (6)   Flashing signs, signs with flashing or reflective disks, signs with flashing lights or lights of changing degree of intensity or color, or signs with electrically scrolled messages (except government signs, signs which give time and temperature and other information, and open signs in windows). If a time and temperature sign alternates between a time message and temperature message, it shall continuously show one message a minimum of five seconds in time before switching to the other message. Open signs in commercial windows may only flash as a whole word; they may not have transitions or other lighting features that change.
      (7)   Portable signs (unless otherwise expressly permitted in subsequent sections).
      (8)   Vehicular signs
      (9)   Rotating signs.
      (10)   Roof signs that extend above the highest point of a pitched roof, mansard roof, or parapet.
      (11)   Off premises advertising signs, i.e. billboards.
      (12)   Signs placed on a piece of property without permission of its owners or agent.
      (13)   Other signs not expressly permitted in this subchapter.
      (14)   Any sign whose sign face was initially constructed and designed to be placed and/or transported on wheels, regardless if the sign face is removed from its base and placed on or in the ground so as to otherwise classify the sign as a freestanding sign as herein defined excepting however, the changeable face signs permitted under § 92.039(B)(6).
      (15)   Flag poles whose height exceeds 50 feet.
      (16)   Signs closer than ten feet to any conductor or the requirements of the National Electric Safety Code (NESC), whichever is more restrictive.
      (17)   Electronic changeable face (ECF) signs as a wall sign; or located directly across the street from, or within, a historic district or in CBD Central Business District.
(Ord. 01-44, passed 12-17-01; Am. Ord. 02-06, passed 2-16-02; Am. Ord. 02-32, passed 7-15-02; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08- 14, passed 4-21-08; Am. Ord. 09-42, passed 12-21-09; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.039 PERMIT REQUIRED.
   (A)   Generally.
      (1)   Except as otherwise provided in this subchapter, it shall be unlawful for any person to erect, construct, enlarge, move, or replace any sign or cause the same to be done, without first having obtained a sign permit for such sign from the Director of Planning and Community Development or his or her designee as required by this subchapter. A fee, in accordance with a fee schedule adopted by the City Council, shall be charged for each sign permit issued.
      (2)   Notwithstanding the division (A)(1) of this section, changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the nature of the sign such as to render the sign in violation of this subchapter.
      (3)   Direction signs shall be permitted for government offices and installations, non-profit secular organizations such as museums, Chamber of Commerce, etc. and for established religious facilities (churches) on or near city R/W at least ten feet off the pavement. In the case of NC DOT R/W that agency will control location on state R/W.
         (a)   The signs must be directional only (no advertisement) and may contain the name of the facility (church name) and a direction arrow and the distance (not more than 0.5 miles).
         (b)   Only two directional signs are allowed for each non-profit organization or church.
         (c)   The signs may not be more than eight square feet in area, located not more than six feet above the natural ground level to the bottom of the sign and not block sight of traveling public in any manner.
         (d)   Such signs and their design and location must be approved by the Planning Director before they are erected. Any sign not approved prior to erection shall be removed immediately by the Planning Director or his representative.
         (e)   The color of the sign shall be white background with black letters or brown background with white letters or blue background with white letters.
   (B)   Specific types of signs.
      (1)   Wall sign.
         (a)   The maximum permitted aggregate area of wall signs per premises shall be 20% of the wall or walls facing a public street, unless otherwise specified.
         (b)   No wall sign shall project more than 18 inches from the building wall. Further, no wall sign or its supporting structure shall cover any window or part of a window, nor shall it extend beyond the highest point of a roofline, parapet, or mansard roof.
         (c)   Canopy and awning signs may be substituted for part or all of the allowable wall signage per premises. Signs may be painted or printed onto a canopy or awning. In no instance shall a canopy or awning sign extend into a street right-of-way. This subdivision shall not apply to the CBD/Central Business District. For canopy and awning sign regulations for the CBD/Central Business District, see § 92.042(B).
         (d)   A projecting sign may be substituted for part or all of the allowable wall signage per premises. A projecting sign shall not project more than six feet from a building. In no instance shall a projecting sign extend into a street right-of-way.
         (e)   Some of the wall signage allowed on sides of a building facing a public street may be moved to sides or rear of the building.
      (2)   Ground mounted signs.
         (a)    Ground-mounted signs shall be located a minimum of ten feet behind the street right-of-way, except for the CBD/Central Business District wherein no setback will be required and the R-O/Residential Office District wherein setbacks shall be ten feet from the curb line or edge of pavement if there is no curb. For each of these exceptions, the sign must also be outside of the public right-of-way.
         (b)   No ground mounted sign greater than five square feet in area shall be located closer than ten feet to any adjacent lot line. A 15-foot side-yard setback shall be required if the side lot line abuts a residential district. Greater setbacks shall be provided if otherwise required.
         (c)   An arm sign may be substituted for a ground-mounted sign but shall meet all height and area requirements as provided.
      (3)   Pole signs. All pole signs shall be located 25 feet from the curb or ditch line and not be on city or Department of Transportation right-of- way.
      (4)   Service station canopies. Service stations shall be permitted the use of a canopy, provided that the following conditions are met:
         (a)   The features, materials, colors, and designs used in a canopy shall be similar to the principle structure.
         (b)   The maximum letter height shall not exceed 18 inches.
         (c)   The canopy shall not encroach upon any publicly dedicated rights-of-way.
      (5)   Special promotion signs.
         (a)   Sign permit fee of $15.00 is required prior to display of sign.
         (b)   Each business may locate special event signs of their property outside public right-of-way. The maximum number of days allowed during a calendar year is 60 and these days may be divided into a maximum of four different intervals (i.e. 15-day intervals).
         (c)   Types of signs allowed include metal, wood and plastic. Streamers, streams of flags and temporary cardboard signs are not allowed.
         (d)   If a banner is used, it must be attached to the building and only commercial logos for the organization obtaining the permit shall be allowed.
         (e)   No such sign shall exceed 32 square feet. The maximum height will be eight feet unless attached to a building.
         (f)   New businesses are allowed a "coming soon" or "grand opening" sign for a maximum of 60 days with a sign permit but without a permit fee.
      (6)   Changeable face signs. An old changeable face sign described in § 92.038 (B)(14) or a similar new changeable face sign can be used only if it is integrated into a new ground-mounted or pole sign by covering the outer frame with the frame of a new sign or by removing the two changeable faces from the old frame and using one or both of them in a newly permitted sign.
(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 05-32, passed 7-18- 05; Am. Ord. 09-34, passed 10-19-09; Am. Ord. 09-42, passed 12-21-09; Am. Ord. 10-02, passed 11-15-10; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.040 SIGNS NOT REQUIRING PERMITS.
   (A)   The following types of signs are exempt from permit requirements of this subchapter and may be placed in any zoning district subject to the provisions of this subchapter. Such signs shall otherwise be in conformance with all applicable requirements contained in this subchapter. There shall be no limit as to the number of such signs on any lot, except as herein prescribed. All such signs (except government signs) shall be located outside a road right-of-way. Except where specifically provided for, portable signs shall be prohibited.
   (B)   Specific signs not requiring permits:
      (1)   Government signs and logo signs, including way-finding signs that are approved, installed, and maintained by the City of Albemarle or designee.
      (2)   Memorial signs, plaques, or grave markers that are noncommercial in nature.
      (3)   Flags, pennants, insignia, or religious symbols of any government, non-profit or not-for-profit organization when not displayed in connection with a commercial promotion. Flags may be permitted as an advertising device, provided that they do not exceed 32 square feet.
      (4)   Integral decorative or architectural features of buildings and works of art, so long as such features or works do not contain letters, trademarks, moving parts, or lights.
      (5)   Public interest signs.
      (6)   On-premises directional and instructional signs not exceeding six square feet in area apiece.
      (7)   Identification signs for residential uses not exceeding four square feet in area, one only per premises.
      (8)   Incidental signs; however, in no case shall a drive-in window menu board be oriented to a public right-of- way or exceed 32 square feet in area. Any such drive-in window menu board containing a loud speaker shall be located at least 50 feet from any pre-existing residential unit located in a residential district.
      (9)   Campaign and election signs, provided that:
         (a)   Each sign shall not exceed 32 square feet in area.
         (b)   All such signs shall be removed within three days after the election for which they were made.
      (10)   Temporary real estate signs advertising a specific property for sale, lease, rent, or development shall be located as follows:
         (a)   One sign per street frontage advertising real estate "For Sale," "For Rent," "For Lease," or "For Development," not greater than ten square feet in area in a residential district and 64 square feet in area in non-residential districts may be located on the property being advertised so long as the sign is located behind the street right-of-way line.
         (b)   If the property so advertised lies on a corner lot or double frontage lot, then a second sign may be oriented along the second street so long as the two signs are at least 100 feet apart as measured by the shortest straight line.
      (11)   Temporary construction signs, provided that:
         (a)   Signs in conjunction with any residential use shall not exceed ten square feet each.
         (b)   Signs in conjunction with all other uses shall have a maximum area of 50 square feet each.
         (c)   Only one such sign oriented per street front per premises shall be erected. Any two such signs located on the same premises shall be located at least 100 feet apart as measured by using a straight line.
         (d)   Such signs shall not be illuminated.
         (e)   Such signs shall only appear at the construction site.
         (f)   Such signs shall be removed within seven days after a completion of the project.
      (12)   Temporary special event signs for religious, charitable, civic, fraternal, or similar non-profit or not-for-profit organizations, provided that:
         (a)   Signs shall be on premises and removed no later than two days after the event.
         (b)   No such sign shall exceed 32 square feet.
         (c)   No such sign shall be illuminated.
         (d)   Commercial logos shall not be allowed.
         (e)   Types of signs allowed include metal, wood and plastic. Streamers, streams of flags and temporary cardboard signs are not allowed.
      (13)   Temporary displays as part of a Christmas, holiday, or civic event, so long as any such displays are not located within a street right-of- way, unless the city or the North Carolina Department of Transportation first grants permission for such.
      (14)   Bulletin boards and signs which contain information of a non- commercial nature. Such bulletin boards and signs may have a maximum area of 42 square feet.
      (15)   Directional signs for public uses only.
      (16)   Other signs containing non- commercial copy messages, provided that:
         (a)   Such signs have an area of no greater than 32 square feet.
         (b)   Such signs do not fit under the category of prohibited as listed in § 92.038.
         (c)   Such signs shall not be illuminated.
      (17)   Directory signs, provided that:
         (a)   No sign is located in a road right-of-way.
         (b)   The maximum sign area shall be 36 square feet or one-half the area of the largest freestanding sign permitted for the use, whichever is less.
         (c)   Letters do not exceed six inches in height.
         (d)   Height of sign does not exceed six feet.
      (18)   Window signs.
      (19)   "Warning," "No Trespassing," and similar informational signs.
      (20)   Signs located within a stadium that are intended to be read only by persons seated within the stadium.
      (21)   Permanent municipal, school, recreational, and civic club sponsored signs, schedules of events, and rules and regulations signs. Such signs shall not include identification signs.
      (22)   Any sign inside a building, not attached to or placed within an external window or piece of glass that is not legible more than three feet beyond the building in which it is located.
      (23)   Signs placed on newspaper boxes designed for placement of delivered newspaper to a particular location.
      (24)   Historic plaques, provided that they do not exceed four square feet in area.
(Ord. 01-44, passed 12-17-01; Am. Ord. 05-32, passed 7-18-05; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.041 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS (R10, R8, R6, R0).
   (A)   Signs in residential districts should be directional and/or informational in nature. The features, materials, colors, and designs used in a sign should be similar to the building or buildings that it denotes.
   (B)   The following signs may be placed in such districts subsequent to the issuance of a permit by the Zoning Administrator. All other signs shall be prohibited. Additional specifications for sign placement are found in § 92.037.
 
Use
Type of Sign
Maximum Area (Wall)
Maximu m Area (Groun d- Mounted)
External or Internal Illumina tion
Maxim um Height (Ground- Mounted)
Total Number
Bed and breakfast inn, day care center, dwelling, mixed- use family home, rooming and boarding houses
Wall or ground - mounted
10 square feet
16 square feet
External
5 feet
1 per street front; ground- mounted signs may be no closer than 200 feet
Cemetery, country club, multi-family development, public safety station (police, fire, rescue), Recreation facilities (parks, playgrounds, pools, clubs, and lodges)
Ground - mounted only
N/A
32 square feet
External
5 feet
1 per street front; ground- mounted signs may be no closer than 200 feet
Church, library, school
Wall and ground-
mounted
10% of façade area
32 square feet
External or internal
6 feet
1 per street front; ground- mounted signs may be no closer than 200 feet
Doctor's office
Wall or ground- mounted
6 square feet
24 square feet
External
5 feet
1 per establishment
Neighborhood
Ground - mounted only
N/A
32 square feet
External
6 feet
1 per street entrance; signs may be no closer than 200 feet
 
(Ord. 01-44, passed 12-17-01; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.042 SIGNS PERMITTED IN THE CENTRAL BUSINESS DISTRICT (CBD).
   (A)   The requirements of this section shall be applicable to all signage for approved non-residential uses in the R-4 District when said uses are not otherwise included in § 92.041.
   (B)   Except as otherwise permitted by this subchapter, signs in the CBD/Central Business District shall be limited to wall, canopy, awning, and certain ground-mounted signs.
   (C)   Regulations governing these signs are as follows:
      (1)   Wall signs and projecting signs.
         (a)   A projecting sign, wall sign, or combination of both may be located on any building wall of a structure so long as the maximum sign surface area of all signs on one wall does not exceed 10% of the area of the building wall to which the sign or signs are attached up to a maximum of 120 square feet.
         (b)   Projecting signs are attached to the building and extend perpendicular to the building.
         (c)   Projecting signs are allowed with the following provisions: minimum of nine feet from grade/sidewalk to the lowest edge of the sign; maximum of six feet from the side of the building to the outside edge of the sign; maximum of 10% of the wall area for size of signage, up to 120 square feet; the sign cannot extend vertically above the natural roof line or parapet wall.
 
General Location
Specific Location
Maximum Number
Maximum Area
Maximum Height*
Façades facing a public street
Between first window and window sill of second floor, or on sign frieze area or building if original to building or sign if advertising different business than first floor, be allowed above first floor window for Historic District only. The maximum number of signs above the first floor window shall be one.
1
10% of the building wall(s) facing a public street
16 feet
Façades facing an alley or parking lot
Above or beside doorway
1
8 square feet
12 feet
Windows
First floor windows
2
20% of total window space
8 feet
Outside entrance to upper floors
Above or beside
1
8 square feet above entrance; 2 square feet beside entrance
12 feet
Windows
Upper floor windows, if different business
1
50% of window size
N/A
*As measured from the top of the sign to the sidewalk.
 
      (2)   Canopy and awning signs.
         (a)   A sign message on a canopy or awning shall contain only the name of the business, street address, and/or the type of business; type of goods sold; or services rendered.
         (b)   Each business is permitted one sign hanging under a canopy or awning, provided that the message on the sign is perpendicular to the building, and the sign is at least seven feet above the surface of the sidewalk and is no more than eight square feet in size.
         (c)   Signage on the canopy or awning sign shall be limited to no greater than 1/2 of the area bounded by the edges of the canopy or awning, not including any drip-flap or vertical fascia surface. If signage is only found in the fringe drip-flap portion of the canopy, the entire portion of the area might be utilized for signage.
      (3)   Ground-mounted signs. Businesses with a minimum building setback of 20 feet from the fronting right-of-way may be permitted the use of a ground-mounted sign in addition to any other permitted signage. The maximum height of such signs shall not exceed five feet. The maximum area for such signs shall be 32 square feet.
      (4)   One A-frame sign. Sign area not to exceed six square feet on each side.
      (5)   One flag sign that does not exceed 15 square feet or one non-traditional flag sign (e.g. feather flag, flutter flag, bowhead banner) that does not exceed three feet in width and that has a pole with a maximum height of ten feet above the ground.
      (6)   Pole signs. Signs suspended from or mounted on poles. Pole signs are allowed if: the setback of the building exceeds 20 feet from the right- of-way; minimum of nine feet from grade/sidewalk to the lowest edge of the sign; maximum height of 20 feet to the highest edge of the sign or pole; maximum of 10% of the wall area for size of signage to be divided by wall, projecting or pole signs; not to exceed a cumulative total of 120 square feet; existing poles will be allowed to remain in their present location.
(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08-14, passed 4-21- 08; Am. Ord. 10-02, passed 11-15-10; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.043 SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL DISTRICTS (GHBD, HMD, MUSCD, NBD, NSD, SCD, LID, HID, I-O).
   (A)   The intensity of commercial development in the commercial and industrial districts are established by the traffic-carrying capacity of the fronting thoroughfare. Signs may be illuminated internally or externally, subject to the requirements in the various districts.
   (B)   The Director of Planning and Community Development or his or her designee may place the following signs in such districts subsequent to the issuance of a permit. All other signs shall be prohibited. Additional specifications for sign placement are found in § 92.037.
District
Use
Type of Sign
Maximum Area (Wall )
Maximum Area (Ground- Mounted)
External or Internal Illumina tion
Maxim um Height
Total Number
District
Use
Type of Sign
Maximum Area (Wall )
Maximum Area (Ground- Mounted)
External or Internal Illumina tion
Maxim um Height
Total Number
HMD
Medical
Wall and ground - mounte d
20%
120 square feet
(32 square feet)
External or Internal
7 feet
1 per street front
SCD
NSD
Shoppin g center directo ry
Ground -
mounte d or pole
N/A
120 square feet
External or Internal
35 feet
1 per street front; no closer than 100 feet
SCD
NSD
Shoppin g center out- parcels
Wall; ground -
mounte d or pole
20%
120 square feet
(120 square feet)
External or Internal
35 feet 15 feet
1 per street front
GHBD MUSCD
General
Wall; ground - mounte d or pole
20%
120 square feet
(120 square feet)
External or Internal
40 feet
1 per street front or 1 per busine ss per 100 feet
NBD
General
Wall; ground - mounte d or pole
20%
120 square feet
(120 square feet)
External or Internal
40 feet
1 per street front
LID
HID
General
Wall; ground - mounted or pole
20%
120 square feet
(120 square feet)
External or Internal
35 feet
1 per street front
I-O
 
Wall; ground - mounte d
80 squar e feet
80 square feet
External or Internal
8 feet
1 per street front
Note: Distance set-back right-of-way will apply.
 
   (C)(1)   The aggregate area of all wall signs per premises may be increased based on the distance the principle building is set back from the existing right-of-way. No increase shall be permitted if used in conjunction with a ground-mounted sign.
      (2)   The increase shall be in accordance with the following table:
 
Principal Building Distance Setback from Existing Right-of-Way
Allowed Aggregate Wall Sign Area Increase
0 - 99 feet
0%
100 - 249 feet
50%
250 - 349 feet
75%
350 feet +
100%
 
   (D)   One A-frame or pedestal sign or other similar sign. Sign must be at least five feet from the road right-of-way. Sign area not to exceed 12 square feet on each side and total height must be less than five feet from the ground.
   (E)   One A-frame or pedestal sign or similar sign. Sign must be at least five feet from road right-of-way. Sign area not to exceed 32 square feet on each side and total height must be less than five feet from the ground. In addition, the following must be met:
      (1)   Five-lane highway.
      (2)   Speed limit of 45 mph or greater.
      (3)   Minimum lot width of 200 feet.
   (F)   One flag sign that does not exceed 15 square feet or one non-traditional flag sign (e.g. feather flag, flutter flag, bowhead banner) that does not exceed three feet in width and that has a pole with a maximum height of ten feet above the ground.
(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 05-30, passed 7-18- 05; Am. Ord. 06-22, passed 8-21-06; Am. Ord. 11-24, passed 7-18-11; Am. Ord. 13-01, passed 1-22-13; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.044 NONCONFORMING SIGNS.
   (A)   Except as herein provided, nonconforming signs that were otherwise lawful on the effective date of this subchapter may be continued.
   (B)   No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign or causes a previously conforming sign to become nonconforming.
   (C)   A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this subchapter. Once a nonconforming sign is removed from the premises or otherwise taken down or moved, the sign may only be replaced with a sign that is in conformance with the terms of this subchapter.
   (D)   Minor repairs and maintenance of nonconforming signs necessary to keep a nonconforming sign for a particular use in sound condition are permitted so long as the nonconformity is not in any means increased.
   (E)   If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this subchapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign shall be considered "destroyed" if it receives damage to an extent of more than 50% of the sign's value immediately prior to the sign having received the damage.
   (F)   Notwithstanding other provisions contained in this section, the message of a nonconforming sign may be changed so long as this does not create any new nonconformities.
   (G)   (1)   If a nonconforming on- premises sign that advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity has for a period of at least 180 days not been operated, conducted, or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 30 days after the 180-day period has expired.
      (2)   Notwithstanding the above, if there is a change of name of business on a particular piece of property, and there were one or more on-premises nonconforming signs which advertised the former business or use, any new signs used, and all new sign faces for the new use or business, must meet all sign requirements for the underlying zoning district.
   (H)   (1)   If a nonconforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this subchapter or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign.
      (2)   For purposes of this subchapter, a sign shall be deemed "blank" if:
         (a)   It advertises a business, service, commodity, accommodations, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or
         (b)   The advertising message it displays becomes illegible in whole or substantial part; or
         (c)   It does not contain an advertising message. (For such purposes, the terms "Sign For Rent," "Sign For Lease," "Sign for Sale," etc. shall not be deemed to be an advertising message).
   (I)   All nonconforming signs shall be removed within ten years following the effective date of this subchapter.
(Ord. 01-44, passed 12-17-01; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.045 SUBDIVISION AND INDUSTRIAL PARK MARKERS.
   Name markers may be constructed and maintained within street rights-of-way at the entrance of the street leading into the subdivision or industrial park upon the following conditions:
   (A)   Location of the marker shall be approved by the Zoning Enforcement Officer and shall be constructed and maintained in a manner that will not obstruct the line of sight of motorists approaching the street with which the entrance street intersects or impede the customary and usual maintenance of either street.
   (B)   The marker must meet all zoning and sign requirements.
   (C)   Where a marker involves a state maintained street or road, the developer of the subdivision or industrial park shall first obtain the approval in writing of the State Department of Transportation.
   (D)   The cost of maintaining the marker and the area surrounding the marker shall be the responsibility of the developer of the subdivision or industrial park. Failure to maintain the marker or the area surrounding the marker shall be cause for the Zoning Enforcement Officer to require the marker to be removed, the cost of which shall be borne by the developer of the subdivision or industrial park. Any person aggrieved by an order of the Zoning Enforcement Officer to remove a marker may appeal the decision to the City Council within 20 days from the date of service of the notice of removal.
(Ord. 89-5, passed 5-15-89; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.046 INDUSTRIAL PARK GROUP SIGNS.
   A sign may be placed at the entrance of an industrial park consisting of the individual businesses located within the park regardless of current ownership of industrial lots. The sign shall not exceed 120 square feet.
(Ord. 94-02, passed 2-21-94; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
OFF-STREET LOADING AND STORAGE
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