(a) (1) No sign, or part thereof, shall obscure visibility on a public right-of-way.
(2) No sign shall be located partially or entirely in the public right-of-way, except for:
A. A sign for traffic control, or other official public notice, which was placed by a public official or other public employee in the lawful performance of his or her duty.
B. A subdivision sign that solely identifies a residential or commercial subdivision for purposes of traffic control, which has been located within the public right-of-way in accordance with a subdivision plat approved by the Planning Commission under Chapter 1121 of these Codified Ordinances and duly recorded, where such sign is specifically identified and located thereon, and where the Planning Commission finds that such location is necessary to the public purpose.
(3) Any sign erected in violation of subsection (a)(2) of this section may be removed by the Zoning Inspector or his or her designee immediately and without notice.
(b) No person shall place or have placed on his behalf any sign on any pole, structure, pipe or fitting designed for and carrying electrical power, telephone, gas or water, except that the owner or other person responsible for the maintenance of such pole, structure, pipe or fitting may affix thereto a placard showing its ownership or other identification or a warning of any hazard connected therewith or forbidding trespass on the same.
(c) Billboard signs are not permitted in any zoning district.
(d) No sign shall be illuminated by moving, or flashing lights, nor shall any sign, or any part thereof, revolve, rotate, oscillate or otherwise move, or appear to move.
(e) No illuminated sign shall be located closer than 100 feet to any residential district except as this chapter expressly allows, or except where the Board of Zoning Appeals finds cause for variance.
(f) No sign for which a variance or a conditional use permit is required shall be erected except upon issuance of, and in compliance with the terms of, that variance or conditional use permit.
(g) No sign for which approval of the Planning Commission is required shall be erected or modified except upon issuance of, and in compliance with the terms of, the sign permit issued by the Zoning Inspector.
(h) Application for the erection or modification of any sign for which a variance, conditional use permit, or approval of the Planning Commission is required shall be made by a "Sign Application Form" approved for that purpose by the Planning Commission with the concurrence of the Board of Zoning Appeals, and shall be accompanied by the application fee established by Section 1101.05 and the Professional Fees, Costs and Review deposit established by Section 1101.06 of these Codified Ordinances.
(i) (1) The Zoning inspector may issue a provisional permit to erect a sign in advance of review by the Planning Commission, where the Zoning Inspector determines that the proposed sign complies with all dimensional and locational requirements specified in this Chapter. Such provisional permit shall serve as a building permit for any sign thereon described and provisionally approved. Such provisional permit shall be valid up until the second meeting of the Planning Commission following its issuance unless extended by the Planning Commission.
(2) Applicants bear all the risk associated with erecting the sign under a provisional permit regardless of whether the sign is ultimately approved by the Planning Commission; and
(3) Signs erected under a provisional permit shall be constructed and maintained in accordance with the Codified Ordinances of the Village of Boston Heights; and
(4) Any such sign that has been erected under a provisional permit which does not receive the approval of the Planning Commission shall be promptly removed after the owner of such sign is notified by the Zoning Inspector, or the sign shall promptly be modified to meet requirements that have been established by the Planning Commission as a condition of such approval.
(j) Any sign, other than a temporary sign, for which no variance, conditional use permit, nor approval of the Planning Commission is required shall be registered with the Village Office Clerk on a "Permanent Sign Registration Form" approved by the Planning Commission.
(k) Temporary signs, including portable signs, shall be regulated by this chapter as to sign area and duration of posting, and shall be registered with the Village Office Clerk on a
"Temporary Sign Registration Form" approved by the Planning Commission.
(1) Signs shall be designed, constructed and maintained in accordance with the Building Code of the Village of Boston Heights.
(m) No sign shall exist in a state of structural, mechanical, and/or general disrepair.
(n) A variance applying to a sign shall be nullified if it is associated with any sign that is in a prolonged state of structural, mechanical, and/or general disrepair, or where the use associated with that variance has been abandoned.
(o) A sign may be repaired or replaced with a sign of identical dimensions, location, materials, and appearance, with the approval of the Zoning Inspector.
(p) Any sign not in compliance with this Chapter, other than a sign erected pursuant to a provisional permit, shall be brought into compliance within thirty (30) days of notification by the Zoning Inspector or his or her designee.
(Ord. 2016-3-2. Passed 5-10-16.)