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No sign described in this chapter whether permanent or temporary, shall be erected, constructed, altered, relocated, repaired or replaced within the limits of the City by any person, firm or corporation until a permit has been issued by the City Electrical Department and approved by the Zoning Administrator and, if applicable, a written order from the Zoning Board of Appeals that a variance has been granted. All sign permits shall be valid for a period of six (6) months from the date of issuance, and shall be void if the approved sign is not erected within that time period. Written notice of the permit's expiration shall be provided to the property owner. This section shall not apply to those signs specifically exempted in Section 1151.03, unless such sign is illuminated internally or externally.
(Ord. 4-21. Passed 1-4-21.)
(a) Application Requirements. An application shall be submitted on a form for that purpose, along with a required application fee as established by the City Council. Only applications by licensed sign contractors shall be accepted. All sign applications shall include the following information:
(1) Location of building, structure or lot on which the sign is to be erected or attached.
(2) Detailed colored drawing to illustrate the dimensions, design, materials and structure of each sign.
(3) Site drawing to scale, showing the property boundaries, street right-of-way line, curb line, building location, access drives and location of all ground, directional, menu or other sign proposed to be located on the ground. The setback dimension from the right-of-way line and the curb line to the nearest edge of the sign shall be shown on the site plan.
(4) Photographs of the property or building upon which the sign is to be erected or attached.
(5) Building elevations, illustrating the position of wall, awning, projecting or other signs to be mounted on the building.
(6) Plans, specifications and method of construction for attachment to the building or in the ground.
(7) Name and address of the sign erector.
(8) Any electrical permit required and issued for such sign.
(9) Specifications for electronic changeable message signs, including brightness levels (day and night), automatic dimming mechanism, display colors and other relevant information.
(10) In the case of a billboard, the site plan shall also show the horizontal distance to the nearest existing billboard within 350 feet, horizontal distance to the nearest residential district property line within 350 feet and horizontal distance to the nearest park, playground or public or semi-public building. If any of the above does not exist within the stated distances, it shall be so noted on the plan.
(11) Other information that the Zoning Administrator may require to ensure full compliance with this and all other applicable laws of the city and State.
(b) Approval. The Zoning Administrator shall decide on an application within seven (7) days of submission. The Zoning Administrator shall approve the application and issue a sign permit if it is determined that the application fully complies with the requirements of this chapter.
(c) Fees. Fees to be paid in conjunction with the submission of a sign application may be changed as provided for in the Lorain Codified Ordinance, as may be amended from time to time. (Ord. 4-21. Passed 1-4-21.)
(a) Inspection. The Zoning Administrator shall inspect each sign after it is erected to determine if the sign and its location are in conformance with the permit and the approved sign plan. The Zoning Administrator may also conduct inspections at such times as necessary for the purpose of ascertaining whether the sign remains in compliance with the provisions of this ordinance or is in need of repair or removal. A record of all such inspections shall be kept on file in the office of the Zoning Administrator.
(b) Removal of Signs. The Zoning Administrator may order the removal of any sign erected or maintained in violation of this chapter. Thirty (30) days' written notice to remove the sign or to bring it into compliance shall be given to the owner of a permanent sign or a notice of such violation placed on the building, structure, premises, or sign in violation. In the case of any temporary sign in violation, the Zoning Administrator may remove the sign immediately. The sign owner shall be notified in writing as to disposition of the sign. Any sign removed by the Zoning Administrator, pursuant to the provisions of this section, shall be held for redemption by the owner. To redeem, the owner shall pay all costs incurred by the City for removal. Should the sign not be redeemed within thirty (30) days of its removal, it may be disposed of in any manner deemed appropriate by the Zoning Administrator and the costs incurred for its removal shall be assessed to the owner on the property tax roll. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
(c) Maintenance. Signs which are no longer functional or are in disrepair for more than sixty (60) days, shall be removed, at the expense of the property owner, within thirty (30) days following notice of non-compliance. The property owner shall be notified by certified mail. Failure to comply will automatically revoke the permit after noncompliance has been determined by the Zoning Administrator and notice has been given to the property owner as reflected by the records of the Zoning Administrator. If the sign is not removed within thirty (30) days, the Zoning Administrator shall cause the sign to be removed and assess the cost of removal against the property.
(d) Obsolete Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within six (6) months of when the business or use which it identifies is no longer conducted on the premises. If the owner or lessee fails to remove it, the Zoning Administrator shall give the owner seven (7) days' written notice to remove it. If the owner fails to comply with this notice, the Zoning Administrator shall cause the sign to be removed at cost to the owner. Where a successor to a defunct business agrees to maintain the sign(s) as provided in this chapter, this removal requirement shall not apply. The new sign user shall notify the Zoning Administrator's office, in writing, of this change. No new sign permit shall be required unless the sign is altered or relocated contrary to the provisions of this chapter. The Zoning Administrator shall be notified in any matters relating to sign relocations.
(e) Unsafe Signs. Should any sign be or become insecure or in danger of falling or become otherwise unsafe, the owner or persons maintaining the sign shall, upon receipt of written notice from the Zoning Administrator, proceed immediately to put it in a safe and secure condition or remove it. If the owner or lessee fails to remove or to make the sign safe within seven (7) days after such notice, the Zoning Administrator shall cause the sign to be removed at the expense of the property owner. The Zoning Administrator may cause any sign which is in an immediate peril to persons or property to be removed summarily and without notice.
(f) Regular Maintenance. Every sign and all the supports, braces, guys and anchors thereof, shall be kept in repair and, unless made of non-corroding material, shall be thoroughly and properly painted regularly. The Zoning Administrator may order removal or compliance of any such signs that are not, in the judgement of the Zoning Administrator, maintained in accordance with the conditions of this section.
(g) Alterations. No sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter, and then not until a permit has been issued by the Zoning Administrator.
(Ord. 4-21. Passed 1-4-21.)
The Zoning Administrator shall monitor signs permitted under this chapter. Enforcement action may be taken where the requirements of this chapter are not met.
(a) If the owner, permit holder, or person maintaining the sign or premises fails to comply with such notice by the date of reinspection, or cannot be found, or his whereabouts cannot be ascertained with reasonable diligence, in addition to the penalties provided in Section 1173.04(b), the Zoning Administrator may cause the sign to be removed or altered to comply with the order at the expense of the permit holder, owner or person maintaining the premises. If the permit holder, owner or person maintaining the premises fails to pay the City for the expenses of removal or alteration, the full amount of costs shall be added to the property tax bill of the owner of the premises where the sign is located as a lien on the property.
(b) If a violation of a provision of this chapter is repeated within sixty (60) days of a previous violation of the same provision, the subject sign may be seized immediately and a charge assessed for removal without additional notification.
(c) Fees for removal shall be immediately due and payable to the City of Lorain. Notice of such assessment shall be given to the property owner mailing the notice to the address utilized for tax billing purposes and by posting a notice of assessment at the subject premises where the sign owner and property owner are the same. All assessments not paid within ten (10) days after such mailing and posting shall be placed on the property tax bill and collected as other taxes are collected or as a lien on the property.
(d) The City may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction and seek such additional orders from a court of competent jurisdiction as may be necessary from time to time in order to enforce the provisions of this chapter.
(Ord. 4-21. Passed 1-4-21.)
All questions of interpretation and enforcement shall first be presented to the Zoning Administrator. Any appeal of the Zoning Administrator's decision shall be presented to the Zoning Board of Appeals in accordance with the provisions of Chapter 1175.
(Ord. 4-21. Passed 1-4-21.)
(a) Any lawfully existing sign that does not conform to the provisions of this chapter, either in existence prior to the date of adoption of this chapter or located in areas annexed thereafter, shall be deemed a nonconforming sign.
(b) A nonconforming sign shall not be relocated, reconstructed or replaced unless it is brought into compliance with the provisions of this chapter.
(c) A nonconforming sign shall not be enlarged or altered in a way which increases its nonconformity; provided, a sign or portion of a sign may be altered to decrease its nonconformity.
(d) A nonconforming sign shall only be maintained or repaired in the following manner:
(1) The size and structural shape shall not be changed or altered, except to remove entire elements thereby reducing the overall size.
(2) The copy may be changed (including changeable message signs and change of sign face.
(3) In the case where damage occurs to the sign, the owner or the owner's authorized representative shall, within fourteen (14) days of the damage, schedule a meeting with the Zoning Administrator for the purpose of establishing whether the sign was damaged to an extent of thirty percent (30%) or more of replacement value. Based on that determination, an application for a permit must be submitted within thirty (30) business days from the date of the pre-application meeting. Where the damage to the sign is less than thirty percent (30%) of its replacement value, the sign may be repaired to its original configuration within forty-five (45) days from the date the sign permit is issued. If the damage is greater than thirty percent (30%) of its replacement value, the sign shall be removed in its entirety within thirty (30) days from the date of damage and any subsequently erected sign must comply with the requirements of this chapter.
(Ord. 4-21. Passed 1-4-21.)