(a) Noncommercial signs, including but not limited to political signs which are temporary in nature, shall be permitted in all districts. Temporary noncommercial signs are those which are not permanently affixed to the ground, a building or other permanent structure on the property and not intended to be permanent in time.
(b) All signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or printed at all times. Signs shall be refinished, repaired or removed as necessary to correct problems of rust, corrosion, cracks, broken faces, fading, malfunctioning lamps, missing letters or characters, peeling, warping, facing or unsafe conditions within ten (10) days following notification by the City.
(c) The following signs are hereby declared to be public nuisances:
(1) Any sign or advertising structure, including flags, unlawfully constructed, placed on, or unlawfully projecting over land owned in fee simple by a governmental entity, or unlawfully on or over a public right of way without an encroachment permit as provided in this municipal code.
(2) Any sign declared to be hazardous or unsafe by the City of Bucyrus Code Enforcement Officer. Hazardous or unsafe signs shall include those which are determined to be capable of causing harm to the public or to property: i) directly, through collapse or deterioration, or ii) indirectly, by obscuring sight lines or creating a hazard to pedestrians, motorists, or other person.
(3) Any temporary sign, or its supporting materials, that have become damaged due to accident or age, faded due to age or weather, are ripped, torn, bent, broken or otherwise so deteriorated so as to become unsightly must be removed 10 days of the property owner receiving written notice by the City of Bucyrus Code Enforcement Officer.
(4) The City of Bucyrus Code Enforcement Officer may move, remove, and/or dispose of a sign or advertising structure that has been declared a public nuisance pursuant to this municipal code, provided that written notice has been issued to the property owner to remove, replace, or repair the sign in question. In addition, a Code Enforcement Officer may authorize any work required to correct a hazardous or unsafe condition. Any cost incurred may be billed to the property owner.
(5) A City Enforcement Officer shall charge the cost of moving, removing, disposing, correcting, storing, repairing, or working on a sign or sign structure to any one or all of the following, each of which shall be jointly and individually liable for said expense:
A. The Permittee.
B. The owner of the sign.
C. The owner of the premises on which the sign is located.
D. The sign lessee or lessor.
(6) The charge for expenses shall be in addition to any penalty for the violation. Recovery of the sign does not necessarily void the penalty.
(7) Signs removed by the City which are made of paper, cardboard, lightweight plastic, or similar materials may be discarded immediately. All other removed signs shall be held no less than thirty (30) days after notice by the City, during which period it may be recovered by the owner upon paying the City for costs of removal and storage. If not recovered within the allowed thirty (30) day period, the sign and structure is hereby declared abandoned and title thereto shall vest to the City.
(d) Removal of Obsolete Signs. Any sign that identifies a business that is no longer in operation, or that identifies an activity or event that has already occurred, or a product that is no longer made, shall be considered abandoned and shall be removed by the owner, agent, or person having use of a building or structure. Upon vacating a commercial or industrial establishment, the proprietor shall be responsible for removal of all signs used in conjunction with the business. However, where a conforming sign structure and frame are typically reused by a current occupant in leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided the sign structure and frame are maintained in good condition. In the case of an obsolete electronic message sign, all of the above shall apply, as well as termination of electrical service to the sign.
(e) Liability Insurance for Certain Signs. If any wall sign, projecting sign, or roof sign is suspended over a public street or property, or if any vertical distance of such a sign above the street is greater than the horizontal distance from the sign to the street right-of-way line such that the sign is capable of falling or being pushed onto public property, then the owner of such a sign shall maintain a public liability insurance policy, approved by the City Law Director, in the amount set by resolution of Council. The policy shall indemnify the owner from all damages, suits, or actions of any nature brought or claimed against the owner for or on account of injuries or damages to persons or property received or sustained by any person through any act of omission or negligence of the owner, his servants, agents, or employees regarding such sign. The policy shall contain a clause whereby the policy cannot be canceled until after a written notice of intention to cancel has been filed with the City Law Director at least (10) days prior to the date of cancellation. The policy shall be renewed annually on or before the first day of May of each year and certificate of renewal or new policy shall be filed with the Law Director. In lieu of an insurance policy an owner may present satisfactory proof to the Law Director that the owner is financially capable of self-insurance in the amounts required by resolution of Council. Nothing in this section shall be interpreted to grant approval to signs suspended over public property or other signs not in compliance with the regulations in this Ordinance or other applicable ordinance.
(f) Relocation or Replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance, the sign shall be subject to removal.
(1) Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
(2) The size and structural shape of the sign shall not be changed or altered. The copy may be changed provided that the change applies to the original use associated with the sign at the time the sign became nonconforming, and a permit is obtained. The copy area shall not be enlarged. Notwithstanding, this provision shall not be construed to prohibit a property owner with a substituted nonconforming use allowed by the Board of Zoning Appeals in accordance with Section 1151.03, from amending the copy of an existing nonconforming sign to reflect the substituted nonconforming use, provided the owner does not change the square footage of the sign.
(3) In case damage occurs to the sign to the extent that more than fifty percent (50%) of the replacement value is lost, the sign shall be removed within (60) days.
(g) Inspection and Removal. If any existing sign is found, upon inspection by the Zoning Inspector, to constitute a hazard to public safety, such sign shall be subject to immediate removal by order of the Zoning Inspector.
(Ord. 27-2015. Passed 7-7-15.)