A nonconforming sign shall immediately lose its nonconforming designation and must
be brought into compliance with all of the provisions of this chapter, and all other applicable City laws and ordinances or be removed if any of the following conditions are
present:
(a) The nonconforming sign or a part of the nonconforming sign is altered, modified, relocated, or changed in any manner whatsoever, exclusive of a permitted sign face replacement of a similar material and construction;
(b) The nonconforming sign is damaged or deteriorated and requires any process of reconstruction, repair, maintenance, or restoration, and the cost of said reconstruction, repair, maintenance, or restoration exceeds fifty percent of the sign's replacement cost;
(c) The nonconforming sign is part of a use that is discontinued for a period of at least 180 days.
(d) The nonconforming sign is for a property or premises that undergoes a change of use group.
No sign or other advertising structure shall advertise a business that is no longer in existence or a product that is no longer sold at the business, as such signs are misleading to the public, create undue visual clutter, and pose a hazard to traffic control and safety.
Therefore, for any sign or other advertising structure that is part of an establishment that discontinued its operation, the face of the sign shall be replaced with a blank face within 30 days or the sign or other advertising structure shall be completely removed.
Signs that are abandoned, or that are accessory to an abandoned use of property, are prohibited and shall be removed. A use shall be determined abandoned if it has voluntarily ceased its operations for a period of at least 180 days.
(a) The Zoning Administrator is authorized to order the removal, repair, or maintenance of any sign that constitutes a nuisance, or for which the required permit has not been obtained, or that is violative of any provision of 1161.07.6 Unsafe Signs of this Chapter.
(b) Whenever the removal, repair, or maintenance of any permanent sign has been ordered by the Zoning Administrator, the owner or person in possession of such sign shall comply with such order within 14 days after notice is served upon him. Whenever the removal, repair, or maintenance of a temporary or portable sign has been ordered by the Zoning Administrator, the owner or person in possession of such sign shall comply with the order within 48 hours after service of notice. In the event of noncompliance, the Zoning Administrator may seek an order of removal from a court of competent jurisdiction, or may pursue criminal action against the owner and/or person in possession in accordance with the appropriate provisions of the Zoning Code relating to Code violations. If, following an inspection, the Zoning Administrator determines that any sign constitutes an immediate danger to the public safety, the Zoning Administrator may effect the immediate removal of such sign without regard to time intervals for compliance sited above, at the owner's expense. Removal of sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise specified in the order to remove.
(c) Any sign removed by the Zoning Administrator pursuant to provisions of this section shall become the property of the City of Brookville, and after 30 days, may be disposed of in any manner deemed appropriate by the Zoning Administrator.
(Ord. 2016-15. Passed 5-16-17.)