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Obsolete signs, which include all signs that advertise a product that is no longer made or that advertise a business that has closed, shall be removed by the owner, agent, or person having beneficial use of the building or structure upon which such sign is located, within 30 days after written notification from the Building Official or other official responsible for code enforcement. Upon vacating a commercial or industrial establishment, the proprietor shall be responsible for the removal of all signs used in conjunction with the business. However, where a conforming sign structure and frame are typically reused by the current occupant or business in leased or rented buildings, 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 that the sign structure and frame are maintained in accordance with the standards of this chapter and the city’s adopted building code.
(Ord. 792, passed 12-3-01)
No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with the provisions of § 155.237 of this chapter, except that nonconforming signs shall comply with the following regulations:
(A) Repairs and maintenance. Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent of more than 50% of its replacement cost, 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; repair or replacement of electrical wiring or electrical devices; or changing of movable parts of a sign that is designed for such changes, as specified in this section.
(B) Change of occupancy, tenancy or ownership. All nonconforming signs shall be removed upon change of the business which occupies the premises or building upon which or for which said signs have been posted, including a change in tenancy or ownership of the premises to which the nonconforming signs apply. However, where a change in ownership occurs, which does not result in a simultaneous change of tenancy, then the nonconforming signs, which belong or apply to the tenant need not be removed during such tenancy provided they meet with all other applicable code requirements.
(C) Removal. Whenever a building upon which a nonconforming sign has been posted or which a sign is physically attached is structurally extended or enlarged such that the building’s size is increased by 25% or more, or whenever such a building has 25% or more of the area of its interior or exterior remodeled or altered, then all such posted or attached nonconforming signs shall be removed by completion of the structural extension, enlarged, remodeling or alteration.
(Ord. 792, passed 12-3-01)
Notwithstanding anything to the contrary, the provisions of this chapter shall be strictly complied with. Where the conditions imposed by any provisions of this code are either more or less restrictive than comparable conditions imposed by provisions in the chapter, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(Ord. 792, passed 12-3-01)
(A) Any party who has been refused a sign permit by the Building Department for a proposed sign installation may file a claim of appeal to the Zoning Board of Appeals. Upon receipt of the appeal and payment of an appeal fee as established by City Council, the Board shall schedule a date for an appeal hearing. At such hearing, the Board may grant such appeal and allow a variance to the provisions of this chapter as to non-temporary sign(s) upon a finding that:
(1) Because of the particular physical surroundings, shape, or topographical conditions of the property, compliance with the provisions of this chapter would result in a particular hardship on the owner, as distinguished from inconvenience or a desire to make more money;
(2) Strict enforcement of the provisions of this chapter would serve no useful purpose, and
(3) A variance would be in the best interest of the city and not against the spirit and intent of this chapter.
(B) In considering a request for erection of a temporary sign, the Board may consider, in addition to the factors above, their criteria enumerated below and may establish the appropriate setback of the sign, its size and location and may, by majority vote, reverse, modify or amend any order denying a temporary sign permit or may place reasonable conditions upon the issuance of such a permit. The criteria, along with any other factors found by the Board to be relevant to the request, shall include:
(1) Whether hardship or practical difficulty is the motivation of the request, i.e. an existing or otherwise permanent sign is out of commission or not yet erected;
(2) Whether the person or business presently and actually is going-in or going-out of business;
(3) Whether the type of sign structure would pose a significant risk to public health or safety on the premises or on adjacent public property, and
(4) Whether the benefit of the temporary sign to the general public and/or applicant under the circumstances outweighs any risk to traffic safety and the city’s desire to eliminate the accumulation of visual clutter in accordance with this chapter’s stated purpose.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
Sign contractors, construction companies, maintenance companies, and individual builders or maintenance workers shall register annually with the Building Official or other official responsible for code enforcement prior to erecting, construction, or repairing any sign in the city. Such persons or companies shall be required to apply for and secure a business license in accordance with the general regulations of the city and shall post a cash bond, as established by resolution of City Council and may be amended from time to time, with the Building Department for each licensing year. The Building Official or other official responsible for code enforcement shall also be empowered to require a cash bond in an amount he or she deems appropriate for erection of a sign which, due to its size, location, type and manner of construction, may pose a risk to the health, safety and welfare of the general public during its erection or construction on site.
(Ord. 792, passed 12-3-01)
(A) Exceptions. The provisions of the chapter shall not apply to the following signs, provided such signs are in compliance with the provisions restricting placement of structures in the road right-of-way.
(1) Miscellaneous traffic and other official signs of any public or governmental agency, such as traffic control or directional signs, railroad crossing signs, trespassing signs, signs indicating danger, signs indicating the location of U.S.G.S. benchmarks, or signs used as aids to service or safety.
(2) Directional signs required for the purpose of orientation, when approved by the city or by the county or state government.
(3) Any flag, emblem or insignia of our nation, its governmental units, or its schools.
(4) Any sign which is located completely within an enclosed building, and which is not visible from outside the building.
(5) Tablets, grave markers, headstones, statuary, or remembrances of persons or events that are noncommercial in nature.
(6) Temporary decorations or displays celebrating the occasion of traditionally-accepted patriotic or religious holidays and special municipal and public school activities.
(7) Public safety and routing signs used on public and private construction sites.
(B) Prohibited signs. The following signs shall not be permitted or erected in any district:
(1) Signs which have flashing, blinking or moving lights, or expose incandescent light bulbs. This shall include strobe lights which are wholly located inside a building which are visible to the public outside the premises and are intended to attract the attention of persons not on the premises.
(2) Cloth and banner signs, pennants, spinners, and paper festoon signs.
(3) String lights used for commercial purposes, other than Christmas or other decorations.
(4) Any sign which has any visible moving parts, visible revolving parts, visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or mechanical means, including intermittent electrical pulsation, or by action of normal wind current, except for marina signs located on the waterfront, time, temperature, and stock market signs as provided in this section.
(5) Any sign or sign structure which is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment, or is not kept in good repair, or is capable of causing electrical shock to persons likely to come in contact with it.
(6) Any sign that obstructs a window, door or other opening that could be used for fire escape.
(7) Any sign which makes use of the words “Stop,” “Look,” or “Danger,” or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead or confuse traffic.
(8) Any sign or other advertising structure containing obscene, indecent, or immoral matter.
(9) Any sign unlawfully installed, erected, or maintained.
(10) Any sign now or hereafter existing, which no longer advertises a bona fide business conducted, or product sold.
(11) Any sign attached to a standpipe, gutter drain, or fire escape, or any sign erected so as to impair access to a roof.
(12) Any sign that would project above the parapet line of any roof, except as permitted in § 155.251 (J) and as permitted with ground or freestanding signs.
(13) Projecting or overhanging signs, except permitted wall signs which may project up to 12 inches from the face of the wall.
(14) Any sign which is attached to a tree, fence, or utility pole.
(15) Portable or temporary signs, except as specifically provided for in this chapter.
(16) Signs painted on or attached to a parked vehicle, truck, trailer, or van, which is being used principally for advertising purposes, rather than for transportation purposes. This restriction shall not apply to permitted temporary truckload sales.
(17) Any other sign not specifically authorized by this chapter.
(18) Signs on street furniture, such as benches, newspaper stands, and trash receptacles.
(19) Billboards.
(Ord. 792, passed 12-3-01; Am. Ord. –, passed –)
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