Loading...
When applying for a sign permit, the following materials shall be submitted:
(a) A completed application for each requested sign.
(b) Scaled elevation drawing(s) of proposed sign(s).
(c) Foundation and anchoring drawing( s) of proposed sign( s) that have been reviewed and approved by the Hamilton County Building Department.
(d) A site plan showing the location of proposed sign(s) and adjacent buildings, other structures, and the lot including dimensions thereof. For wall signs, a building elevation drawn to scale showing the proposed wall sign and the dimension from established grade to the top of the sign, and;
(e) Where required by law, evidence that a permit and permit plate has been obtained from the Ohio Department of Transportation pursuant to Chapter 5516 of the Ohio Revised Code. (Ord. 2018-11. Passed 8-13-18.)
(a) An obscene sign shall be immediately removed.
(b) Any sign which violates the provisions of this chapter is hereby declared to be a public and private nuisance and shall be removed.
(c) Any temporary sign in a dilapidated state as set forth in Section 1149.14 is hereby declared to be a public and private nuisance and shall be replaced or removed.
(d) Whenever the Code Official suspects the existence of a public nuisance, as defined in division (b) of this section, he or she shall promptly cause to be inspected the premises on which
he or she suspects such public nuisance to exist.
(e) Should the Code Official find that a public nuisance does exist, he or she shall cause a written notice to be served on the owner of the land on which such unlawful sign is located stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the sign, the Village, at the expense of said owner or owners, will abate the same. Such abatement shall start within fifteen (15) days after service of said notice and shall be complete within forty-five (45) days.
(f) The notice referred to in subsection (e) hereof shall be served either personally or by leaving a copy thereof at the usual place of residence of the owner, or by mailing a copy to such owner at his or her usual place of residence if such place of residence is outside Hamilton County, Ohio, by United States certified mail with return receipt requested. If service of the written notice is not perfected by any of the hereinbefore described methods, then the Code Official shall cause such notice to be published in a newspaper of general circulation in the Village, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists. If there is no person in possession thereof, the Code Official shall cause a copy of the notice to be posted on the premises. The Code Official shall cause a return of service in the form of an affidavit that shall set forth the name and address of the person served, the manner of service and the date thereof.
(g) The said owner or owners may, within ten (10) days after completion of service of the notice, make a demand in writing to the Code Official for a hearing on the question of whether in fact a public nuisance, as defined in subsection (b) hereof, does exist. The hearing shall be held within fourteen (14) days following receipt of said written demand, and at least two (2) days' notice in writing of the said hearing shall be given to the said owner or owners. The said hearing shall be conducted by the Planning Commission. All members of the said hearing board shall concur that a public nuisance, as defined in subsection (b) hereof, exists, before enforcement of the abatement is carried out. A copy of the decision of said hearing board shall be promptly served upon the owner or owners in the manner provided in subsection (f) hereof.
(h) Should said nuisance not be abated at the expiration time stated in the notice issued by the Code Official or such additional time as the hearing board may grant, the Code Official shall be authorized at any time thereafter to enter upon said premises, and the owner shall permit him or her entry to abate the nuisance by removal of the sign or by taking any other action that may be required. In abating such nuisance, the Code Official may call upon any department of the Village for whatever assistance may be necessary, or may, by private contract, obtain the abatement thereof, and the cost of such private contract shall be paid for from Village funds specifically authorized by Council in order to abate such public nuisances. In abating such nuisance, the Code Official may take whatever action is necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:
(1) The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within sixty (60) days after receipt of the bill.
(2) If costs are not so recovered, then the Village shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with Ohio R.C. 715.261.
(i) This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the Village, but. shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State or any ordinance heretofore enacted by Council. Notice to the owner or lessee shall not be required prior to the removal of an unlawful sign which, in the opinion of the Code Official, creates an immediate or potential danger to persons or property due to structural deficiencies or inadequate maintenance, nor shall notice be required prior to removal of a sign which, in the opinion of the Village's Engineer, creates an immediate or potential danger to persons or property because of its location.
(Ord. 2018-11. Passed 8-13-18.)
(a) Non-conforming Signs.
(1) Any signs erected prior to the enactment of this Chapter and not conforming to the provisions of this Chapter shall be deemed to be nonconforming. This shall not prohibit the posting or maintaining in a safe condition any sign which is nonconforming.
(2) Any nonconforming sign which is relocated or replaced shall comply with all provisions of this Chapter.
(3) Any nonconforming sign which has not been used for a continuous period of six (6) months for any reason shall not be rebuilt, re-erected, relocated, or reused unless or until it is made to comply with the standards of this Chapter.
(4) Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than fifty percent (50%) of the sign's pre-catastrophe fair market value, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices. A non-conforming sign shall not be structurally altered to prolong the life of the sign.
(b) Signs Advertising a Non-conforming Use.
(1) In the case of legal, nonconforming land uses ( such as a business located in a residentially zoned district), the total sign area of all signs associated with such land use shall be no greater than that which would be allowed if the business were located in the most restrictive zoning district allowing such land use.
(2) No new signs associated with nonconforming land uses may be erected, except replacements which are the same or smaller in size than the sign being replaced. In the event that a sign associated with a nonconforming land use is moved, its new location shall conform to the setback requirements of the district in which it is located as if it were a building.
(Ord. 2018-11. Passed 8-13-18.)
(a) If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, except as limited by subsection (b) hereof.
(b) Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a) hereof or elsewhere in this Chapter or this Planning and Zoning Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter is declared unconstitutional, such declaration shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise additional standards.
(c) Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a) hereof, or elsewhere in this Chapter or in this Planning and Zoning Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter is, or any other laws are, declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 1149.05. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter or of any part of the Planning and Zoning Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, except as expressly provided in subsection (b) hereof.
(d) If any part section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter and/or other provisions of this Chapter or other provisions of this Planning and Zoning Code are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the limitations on Advertising Signs as contained herein.
(Ord. 2018-11. Passed 8-13-18.)