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(a) General: Any sign erected prior to the enactment of the amendment to the Zoning Regulation and not conforming to the provisions of this amended Regulation shall be deemed to be non-conforming.
(b) Definition of Non-Conforming Sign: Any sign located within the Village on the date of adoption of the Regulation which does not conform with the provisions of this Regulation is eligible for classification as a "non-conforming" sign provided it also meets the following requirements:
(1) The sign was covered by a sign permit or variance on the date of adoption of this Regulation; or,
(2) If no sign permit was required for the sign in question, the sign was in all respects in compliance with the Regulation in effect on the date of adoption of this amended Regulation.
(c) Rules for Non-Conforming Signs:
(1) Non-conforming signs shall be removed or brought into compliance with this Regulation within 60 months from the effective date of this Regulation.
(2) A non-conforming sign shall not be replaced by another non-conforming sign except that the substitution or interchange of poster panels, painted boards or demountable material on non-conforming signs shall be permitted through the period prescribed by this chapter.
(3) Minor repairs and maintenance of non-conforming signs such as repainting, electrical repairs and neon tubing repair shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this chapter.
(4) If a non-conforming sign is damaged to more than one-half (½) of its replacement value then it shall be removed and shall not be repaired or replaced.
(5) Any non-conforming sign which is altered, relocated or replaced shall comply with all provisions of this Regulation as if it were a new sign.
(6) Signs which are illegally erected, established or maintained with respect to the applicable requirements of prior Regulations shall be removed or brought into compliances with this Regulation.
(7) Non-conforming signs made of paper, cloth or other nondurable material, and any signs that are not affixed to a building or the ground or are located within a public right-of-way, shall be removed within 30 days from the effective date of this Regulation.
(a) Maintenance and Repair: Every sign shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said signs. The Zoning Inspector shall inspect and require compliance with all standards of this Regulation. For signs not complying with the Regulation, the Zoning Inspector shall require the removal in accordance with this section.
(b) Abandoned Signs: Except as otherwise provided in this Regulation, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
(c) Removal of Permanent Signs by Zoning Inspector:
(1) The Zoning Inspector shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The Zoning Inspector shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten (10) days, the sign shall be removed in accordance with the provisions of this section.
(2) All notices mailed by the Zoning Inspector shall be sent by certified mail. Any time period provided in this section shall be deemed to commence on the date of the receipt of the certified mail.
(3) For all signs that notice shall be mailed to the owner of the property on which the sign is located as shown on the last tax assessment roll if known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property.
(4) Any person having an interest in the sign or the property may appeal the determination of the Zoning Inspector ordering removal or compliance by filing a written notice of appeal with the Board of Zoning Appeals within 30 days after the date of mailing the notice, or 30 days after receipt of the notice if the notice was not mailed.
(d) Removal of Temporary Signs by Zoning Inspector:
(1) The Zoning Inspector shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The Zoning Inspector shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within forty-eight (48) hours, the sign shall be removed in accordance with the provisions of this section.
(2) All notices mailed by the Zoning Inspector shall be sent by certified mail. Any time period provided in this section shall be deemed to commence on the date of the receipt of the certified mail.
(3) For all signs, that notice shall be mailed to the owner of the property on which the sign is located as shown on the last tax assessment roll if known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property.
(4) Any person having an interest in the sign or the property may appeal the determination of the Zoning Inspector ordering removal or compliance by filing a written notice of appeal with the Board of Zoning Appeals within forty-eight (48) hours after receipt of notice.
(e) Disposal of Signs: Any signs removed by the Zoning Inspector pursuant to the provisions of this section shall become the property of the Village and after 30 days, may be disposed of in any manner deemed appropriate by the Village Council. See subsection (c) hereof.
(a) Permits.
(1) Except as otherwise provided in this code it shall be unlawful for any person to erect, construct, enlarge, move or alter any sign in the Village, or cause the same to be done, without first obtaining from the Zoning Inspector, a sign permit for each such sign.
(2) A permit is not required for a change of copy on any change panel sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way.
(3) No new permit is required for signs which have permits and which conform with the requirements of this Regulation on the date of its adoption unless and until the sign is altered or relocated.
(4) Every sign permit issued by the Zoning Inspector shall become null and void if erection is not completed within one hundred and eighty (180) days from the date of such permit.
(5) No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
(b) Application for Permit: Application for a permit shall be made to the Zoning Inspector upon a form provided by the Inspector and shall be accompanied by such information as may be required to assure compliance with all appropriate provisions of this Regulation. As a minimum, the application shall contain the following information:
(1) Name and address of owner of the sign.
(2) Name and address of owner or the person in possession of the premises where the sign is located or to be located.
(3) Clear and legible drawings with description definitely showing the location and dimensions of the sign which is the subject of the permit and location of all other existing signs on the same premises. In the case of billboard signs, the location of all other billboard signs within 1,000 feet must be indicated.
(c) Issuance; Denial:
(1) The Zoning Inspector shall issue a permit for the erection, alteration, or relocation of a sign within the Village when an application has been properly made and the sign complies with all other provisions of this Regulation. The Zoning Inspector must formally grant or deny a sign application within thirty (30) days of the date an application is filed. Appeal may be taken to the Board of Appeals from the Zoning Inspector's denial of a sign permit.
(2) The Zoning Inspector shall, in writing, suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a mis-statement of fact or fraud. When a sign permit is denied by the Zoning Inspector, he shall given written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.
(d) Reserved.
(e) Permit Life: Whenever there is a change in the sign user, owner or owner of the property on which the sign is located, the new sign owner, user or new property owner shall forthwith notify the Zoning Inspector of the change. No new sign permit is required, unless the sign is altered or relocated.
(f) Inspection: The person erecting, altering or replacing a sign shall notify the Zoning Inspector upon completion of the work for which permits are required.
Inspections - All freestanding signs shall be subject to a footer inspection and all signs to a final inspection by the Zoning Inspector.
The Zoning Inspector shall enforce and carry out all the provisions of this section of the Zoning Regulation, both in letter and spirit, with vigilance and with all due speed. The Zoning Inspector is responsible for the inspection of signs, any building, structure or to insure compliance with the provisions of this Regulation. Such inspections shall be carried out during business hours, unless an emergency exists.
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