(A) Nonconforming signs.
(1) Legal, nonconforming, permanent signs. Legal, nonconforming, permanent signs, such as pylon and flashing signs, lawfully existing at the time of adoption of this subchapter, shall be allowed to continue as determined by state law.
(2) A nonconforming sign may be repaired, replaced, and maintained, but cannot be enlarged or altered in a way which increases its nonconformity.
(3) Should such sign or sign structure be destroyed by any means to an extent greater than 50% of its replacement cost, and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this subchapter.
(4) Should such sign or sign structure be moved for any reason, it shall thereafter conform to the regulations for the zoning district in which it is located.
(B) Variances. Requests for variances from sign size of a sign, number of signs, and setback requirements of this section may be made pursuant to § 153.036.
(C) Violations.
(1) Written order to alleged violator. When, in the opinion of the city’s Zoning Administrator, a violation of this subchapter exists, the Zoning Administrator shall provide written notice to the property owner of record where the sign is located and the owner or person responsible for the erection of the sign, if known, which may include an order directing the removal of any sign erected or maintained in violation of this subchapter. The notice shall describe the violation and shall state that the property owner, owner, or person responsible for the erection of the sign, if known, has 15 days from the date of the notice in which to correct the alleged violation or appeal the decision of the Zoning Administrator in the manner provided in this code. In the case of a temporary sign violation, the property owner of record where the sign is located and/or the owner or person responsible for the erection of the sign, if known, shall have 24 hours (or less as determined by the Zoning Administrator) from the date of notice to correct the alleged violation. Upon failure to remove or to comply with the notice, the city may remove the sign. Any costs of removal incurred by the city shall be assessed to the owners of the property on which the sign was located, and may be collected in the manner of ordinary debt or in the manner of taxes with all costs assessed against the property. Temporary signs located on city-owned property or located in the public right-of-way may be removed without notice to the owner or the person responsible for the erection of the sign and may be immediately disposed of by the city.
(2) Defective or unsafe signs. If upon inspection the city finds that a sign is abandoned or structurally, materially, or electrically defective, or in any way endangers the public, the city shall issue a written order to the owner of the sign and occupant of the premises, stating the nature of the violation and requiring the repair or removal of the sign within 30 days of the order.
(3) Emergency. In cases of emergency, the city may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety or welfare. The city may cause the removal of any temporary sign that has not been promptly removed as specified in this subchapter or by the specific sign permit, or for failure to comply with written orders of removal or repair, or which has been placed in a prohibited location.
(4) Mailed notice of removal. After removal or demolition of the sign, a notice shall be mailed to the property owner of record where the sign was located and sign owner, if known, stating the nature of the work and the date on which it was performed, and demanding payment of the costs as certified by the city. The removal of temporary signs placed in the public right-of-way or on city property shall require no notice and such signs shall be discarded by the city.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012; Am. Ord. 678, passed 7-23-2018)