(A) Intent. This subchapter is intended to encourage the eventual elimination of signs that do not comply with the sign standards. The elimination of non-conforming signs is as much a subject of health, safety, and welfare as is the prohibition of new signs in violation of these standards. Therefore, this subchapter attempts to realize the removal of non-conforming signs and to avoid any unreasonable invasion of established property rights.
(B) Amortization. A sign not complying with these standards, but in place on the effective date of this subchapter, shall be removed, or brought into compliance with these standards, within 15 years after the effective date of this subchapter. The following information concerning each existing sign location shall be provided: the name and address of the owner of the sign; the name of owner, address and parcel identification number of real property on which the sign is located; the height, area, and dimensions of the sign face, and setback from the right-of-way. No initial permit fees shall be charged, but a registration tag shall be issued by the Department to be placed on the ground sign or kept on file pursuant to § 152.174(F). Failure to register existing outdoor advertising signs in accordance with these provisions shall be considered a violation of this subchapter.
(C) Permit. Within six months after the effective date of this subchapter, the person owning a non-conforming sign shall apply for a permit to the Department. The Department shall issue the permit for not more than 15 years.
(D) Continuance. A non-conforming sign may be continued during the amortization period if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign, expanded, or moved to another location unless brought into conformance. It may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the Department determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost.
(E) Removal of signs. It is the intent of this section to recognize the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of these standards, inasmuch as a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of these standards. It is also the intent of this section that any elimination of nonconforming, obsolete, unsafe and unlawful signs shall be affected so as to avoid any unreasonable invasion of established private rights. However, except where it may cause a breach of the peace, the Department may physically remove a sign or have a sign removed from a property where a sign is in violation to insure compliance with these provisions; provided however that the owners must have had ten days' written notice by certified mail of the violation and further provided that the owners have been requested by such notice to remove the sign which is in violation of these standards. The sign owner and property owner may be jointly and severally liable for the expense of removal. Notice of the cost of removal shall be served upon the sign owner and property owner by certified mail. If said sum is not paid within 30 days thereafter, said sum shall be collected by the city in a civil action in the nature of debt.
(F) Unsafe and unlawful signs. If the Department finds that any sign regulated herein is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment, defined as having no active copy on an outdoor advertising sign within the past 90 days or the advertisement of a business, concern or use that has been closed for greater than 90 days; is not kept in good repair; is capable of causing electrical shocks to persons likely to come in contact with it; or is unlawfully installed, erected or maintained; the Department shall give written notice to the sign owner and property owner thereof, and may proceed to remove the sign pursuant to division (E) above.
(Ord. 570, passed 2-26-07)