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The following provisions apply for the application, issuance, administration, and enforcement of signs requiring a permit as set forth herein.
(A) Application procedures.
(1) Applicant. Any person owning or having an interest in the subject property may file an application for one or more sign permits provided for in this section.
(2) Application. Applications shall be submitted to the Zoning Administrator. Each application shall be accompanied by the application and a plan or drawing depicting the size, structure, construction, and placement of the sign (in readable scale).
(B) Zoning Administrator action. Upon receipt of the sign permit application, the Zoning Administrator shall consider the application. The Zoning Administrator shall notify the applicant of the Zoning Administrator’s decision subject to any conditions imposed upon the permit. All conditions shall be clearly specified in writing.
(C) Revocation. The Zoning Administrator may cancel, withdraw, or revoke the permit at any time if he or she determines that the terms and conditions of the permit or this section have been violated or not met.
(D) Inspection. Signs for which a permit is required may be inspected periodically by the Zoning Administrator for compliance with this chapter and all other village ordinances.
(F) Permits. All signs require a sign permit prior to installation, unless exempted by other provisions of this chapter.
(1984 Code, Ch. 6-03) (Ord. 464, passed 5-11-2021)
(A) It is the intent of this section to permit the continuance of a lawful use of any sign or outdoor advertising structure existing at the effective date of adoption of this chapter, although such sign or outdoor advertising structure may not conform with the provisions of this chapter. It is the intent that nonconforming signs and outdoor advertising structures shall be gradually eliminated and terminated upon their natural deterioration, accidental destruction or occurrence of any of the events described in division (B) of this section.
(B) The continuance of nonconforming signs and outdoor advertising structures within the village shall be subject to the conditions and requirements set forth herein.
(1) Structural changes. The faces, supports, or other parts of any nonconforming sign or outdoor advertising structure shall not be structurally changed, altered, substituted, or enlarged, unless the resultant changed, altered, substituted, or enlarged sign or outdoor advertising structure conforms to the provisions of the section for the district in which it is located.
(2) Repairs, alterations, and improvements. Nothing shall prohibit the repair of a lawful nonconforming sign or outdoor advertising structure, provided such repair does not exceed an aggregate cost of 30% of the appraised replacement cost as determined by the Building Inspector. Nothing in this section shall prohibit the periodic change of message on any outdoor advertising structure.
(3) Restoration after damage.
(a) Any lawful nonconforming sign or outdoor advertising structure damaged by fire, explosion, an act of God, or by other accidental causes, may be restored, rebuilt, or repaired, provided, the damaged area of the sign is 25% or less of the total square footage of the sign face and structure as determined by the Building Inspector.
(b) If the sign or outdoor advertising structure is damaged by more than 25% of the total square footage of the sign face and structure, then the sign or outdoor advertising structure must be removed or altered to conform to the provisions of this section. In the case of a lawful nonconforming pole sign, if the pole is damaged to the extent it has to be repaired or replaced to safely serve its purpose, the pole and its related sign structure shall be removed. If the sign structure mounted to the pole can lawfully be used as a ground sign, then the provisions for the allowance of ground signs found in this chapter shall apply.
(4) Discontinuance or abandonment.
(a) Whenever the usage of a premises to which a sign (whether conforming or nonconforming) is attached or related has been discontinued for a period of 30 consecutive days or evidence shows an intent to abandon the use of the premises to which the sign relates, said sign, though otherwise conforming, shall become nonconforming and shall be removed. At the end of the period of abandonment, the nonconforming sign and structure of the sign shall either be removed or altered to conform to the provisions of this section. This does not include when there is a change in business.
(b) The owner’s intent to abandon or no longer continue the use of the sign shall be established by a preponderance of the evidence before the Planning Commission. Such evidence may include any factor involving the use (or lack thereof) or the condition of the sign or the business it advertises, and may include such considerations as:
1. Whether utilities have been disconnected to the premises to which the sign relates;
2. Whether any fixtures within and outside the premises to which the sign relates have been removed;
3. Whether the premises to which the sign relates have fallen into disrepair or is considered “blighted”;
4. Whether U.S. mail delivery for the business to which the sign relates has been terminated or mail is forwarded to another address;
5. Whether the classification of the property for tax purposes has been changed to reflect another use;
6. Whether any license associated with the use of the premises to which the sign relates has expired; or
7. Whether any other evidence indicating that the business or activity to which the sign relates is no longer operating from the advertised premises.
(5) Addition or modification to an existing site. Any nonconforming sign shall be brought into conformance with the provisions of this chapter whenever an addition or modification to an existing site requires submittal and approval of a special use permit, site plans pursuant to §§ 157.190 through 157.204 or a building permit.
(1984 Code, Ch. 6-03) (Ord. 386, passed 6-17-2007; Ord. 464, passed 5-11-2021)
(A) The Village Zoning Board of Appeals is authorized to grant variances from the strict application of this chapter. The procedures used to apply for and grant a variance will follow the provisions of §§ 157.240 through 157.247. The fee for a sign variance request shall be the actual cost of the meeting or $50, whichever is more. There are two types of variances: dimensional and non-dimensional.
(B) The Zoning Board of Appeals may grant variances for dimensional cases only when the ZBA finds that all the criteria identified below apply in a specific case.
(1) Compliance with the strict letter of the regulation applied to sign size, setbacks, location, height, or other dimensional provisions would otherwise render compliance with the regulation unnecessarily burdensome. The applicant must show more than a mere inconvenience to justify a variance under this provision.
(2) Granting the requested variance would give substantial justice to the applicant by considering the public benefits intended to be secured by this chapter, by considering the result of the individual hardships that will be suffered by a failure of the ZBA to grant a variance, and by considering the rights of others whose property would be affected by the allowance of the variance.
(3) Granting the requested variance will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance.
(4) There are unique circumstances or conditions applicable to the property that do not exist generally throughout the village.
(5) Granting the variance will not be contrary to the public purpose and the general intent and purpose of this chapter.
(C) The Zoning Board of Appeals may grant variances for non-dimensional cases only when the ZBA finds that the applicant has submitted evidence that all the criteria identified below apply in a specific case.
(1) Failing to grant a variance will result in substantially more than an inability to attain a higher financial return.
(2) There are unique circumstances or conditions applicable to the property that do not exist generally throughout the village.
(3) Granting the variance will not alter the essential character of the area surrounding where the approved land use exists and will not create a hazard or public nuisance.
(4) Granting the variance will not be contrary to the public purpose and the general intent and purpose of this chapter.
(D) The Zoning Board of Appeals will grant no variance when the sign is for a use that is not permitted in a zoning district by right, by special land use approval, or by nonconformity.
(1984 Code, Ch. 6-03) (Ord. 272, passed 1-28-1997; Ord. 464, passed 5-11-2021)
(A) All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition.
(B) The Zoning Administrator for the village is hereby directed and authorized to enforce all the provisions of this chapter.
(C) Signs placed in the street right-of-way may be removed without notice.
(D) Notification of violation process.
(1) If the Zoning Administrator determines that a sign or a component thereof is in violation of this chapter, then he or she shall notify the owner of the premises where said sign is located and the user of the offending sign, if the owner of the premises and the sign owner are different.
(2) The Zoning Administrator shall set forth in writing the provisions of the chapter which are being violated and said notice shall advise the owner of the premises and the sign owner that the offending sign must be removed within 24 hours or the Zoning Administrator may cause the sign to be removed and any costs thereof shall be assessed against the property; either real estate, personal property, or both.
(E) Any cost for enforcement incurred by the village shall be paid by the owner of the sign found in violation or, upon default thereof, by the owner of the property on which the sign is located. If there is a failure of the owner to reimburse the village for the costs of enforcement, the owner of the property shall be billed for the cost in the same manner as other taxes.
(1984 Code, Ch. 6-03) (Ord. 464, passed 5-11-2021)
(B) Fines paid at Violations Bureau.
(1) If the civil fine is paid at the Village Municipal Violations Bureau, the initial fine shall be $100.
(a) In the case of another offense within one year of the date of the initial infraction, the civil fine shall be $250. (This shall be known as the second offense.)
(b) In the case of another offense within one year of the date of the second offense, the civil fine shall be $500. (This shall be known as the third offense.) All subsequent offenses shall be $500.
(2) The Village Violations Bureau is hereby authorized to accept civil fines in the amounts specified. In case of payment at the Violations Bureau, no costs shall be imposed or collected.
(1984 Code, Ch. 6-03) (Ord. 126, passed 2-2-1982; Ord. 143, passed 7-24-1984; Ord. 139, passed 6-12-1984; Ord. 147, passed 4-9-1985; Ord. 155, passed 12-16-1986; Ord. 162, passed 6-23-1987; Ord. 183, passed 5-9-1989; Ord. 184, passed 5-9-1989; Ord. 247, passed 7-5-1994; Ord. 272, passed 1-28-1997; Ord. 306, passed 7-14-1998; Ord. 317, passed 11-17-1998; Ord. 370, passed 12-23-2004; Ord. 464, passed 5-11-2021)