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(A) In any residential district, Business A District, and Industrial A District, any legal sign erected before the effective date of this subchapter (March 25, 1996) may be retained; provided, that such sign is in conformity with the structural standards imposed by this subchapter, that such sign is maintained in good repair and condition as determined by the Building Commissioner; and provided further, that the burden of proof of legal status shall be upon the owner of the sign.
(B) In any residential district, Business A District, and Industrial A District, any legal nonconforming sign shall lose its legal nonconforming status and shall be brought into compliance with all requirements of this subchapter for a new sign upon occurrence of any one of the following:
(1) Alteration of the sign in whole or in part, in any way structurally, in size, or in the sign message, except that a nonconforming sign damaged by fire, wind, or earthquake, or other act of God may be restored to the original condition of the sign before such calamity; provided, that the damage to the sign is less than 65% of the original cost of the sign, at the date of the calamity. Nothing herein contained shall prevent the strengthening or restoration to a safe condition of a sign declared by the Building Commissioner to be unsafe;
(2) Relocation of the sign either on the same premises or on different premises;
(3) Replacement of a like nonconforming sign;
(4) Increase in the degree of illumination; or
(5) Repainting of a sign in colors different from the original colors and which are not in compliance with the requirements of this subchapter; provided, that nothing herein contained shall prevent the repainting or touching-up of a sign in its original colors.
(2000 Code, § 151.132) (Ord. O-4-96, passed 3-25-1996)
(A) Approval of new signs.
(1) A building permit issued by the Building Commissioner shall be required for all new signs proposed to be installed within any district. A permit is not required for signs permitted under § 151.126(A)(1) through (A)(6). In addition, a certificate of appropriateness issued by the Architectural Review Board shall be required prior to construction, alteration, restoration, or erection of all signs in the Historic District or signs for landmark structures located outside of the Historic District. The certificate of appropriateness shall be requested prior to an appeal, if necessary, to the Planning Commission because of a denial of the Building Commissioner for a building permit.
(2) An application for a building permit shall be accompanied by a color sketch of each proposed sign or awning as it would appear on the facade or surface to which it is to be attached, and color photographs of the existing facade and immediately adjacent facades.
(3) The Building Commissioner shall find as a condition to approval that each proposed sign or awning conforms to the provisions of this chapter.
(B) Relocating signs.
(1) A permit to relocate a sign shall be issued by the Building Commissioner only if the sign complies or is altered to comply with all requirements of this subchapter for new signs and in the case of a historic structure, a certificate of appropriateness has been issued.
(2) The face of any structure from which a sign, graphic, or logo is removed for any reason shall be restored to remove any scars or other visible evidence of the sign, graphic, or logo. Restoration shall be completed within 30 days after removal. Application for an extension of time may be made to the Building Commissioner accompanied by a showing of sufficient cause why restoration cannot be completed within the prescribed time.
(C) Appeal.
(1) Any appeals concerning decisions of the Building Commissioner regarding § 151.132 and this section shall be taken to the Planning Commission (see § 151.024). If involving a historic structure or located within a historic district, a certificate of appropriateness shall be requested prior to the appeal to Planning Commission.
(2) Appeals for all Architectural Review Board decisions regarding certificate of appropriateness for signage proposed for structures and property within the Historic District or involving historic structures shall be taken to the Village Council (see § 151.025(C)).
(2000 Code, § 151.133) (Ord. O-4-96, passed 3-25-1996) Penalty, see § 151.999
(A) Whoever violates any provisions of this chapter, or fails to conform to any provision thereof, or fails to obey any lawful order of the Building Commissioner, issued in pursuance thereof, shall be guilty of a misdemeanor and shall be fined an amount not to exceed $500. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(B) In addition to the penalties specified above, the following penalty shall apply to all designated historic districts and structures. Whoever proceeds with or completes demolition, alteration, reconstruction, enlarging, or remodeling within the Historic District(s) or of a landmark or proceeds with or completes demolition, alteration, construction, installation, or reconstruction of a sign or awning of a landmark structure or any structure located within the Historic District, without first obtaining a certificate of appropriateness in violation of this section, or fails to comply with the terms of a certificate of appropriateness after issuance thereof, shall be given 30 days, after a hearing duly conducted pursuant to § 151.021(E) within which to remedy such violation by obtaining a certificate of appropriateness or to comply with the terms of an issued certificate of appropriateness. Thereafter, the Architectural Review Board shall conduct an inspection of the structure involved and render a decision in the manner provided in § 151.025. If the Board determines that the violation or failure to comply has not been corrected, each day’s continuance of such violation or failure to comply, after notice has been sent by mail, shall constitute a separate offense subject to the fine above provided (see also Building Code Penalty § 1260: PM-106).
(2000 Code, § 151.024) (Ord. O-4-96, passed 3-25-1996)
(A) (1) This Appendix A shall be amended to reflect the fact that the parcels identified as Parcel Nos. 6927 and 6928 on the attached zoning map are hereby designated to be Business A zoning as opposed to Residence B zoning.
(2) Any plans for a business use on said parcels shall be subject to review and approval by the Village Architectural Review Board and the Village Planning Commission.
(3) The change of zoning from Residence B to Business A on the attached Appendix A shall remain in effect for five years from the date of passage of this ordinance if no applications for building permits are submitted during that period; however, if any building permits are applied for and approved during that five-year time period, the parcel shall remain as Business A. In the event no permits are issued for the construction of a building on these properties for a period of five years from the date of passage, said zoning for the parcels specified herein shall revert back to Residence B zoning and be subject to all of the terms and conditions of said Residence B zoning.
(4) This division (A) shall take effect at the earliest date allowed by law.
(B) (1) This Appendix A as amended by Ord. O-20-10, expiring on October 10, 2015, which set forth a change in zoning from Residence B to Business A zoning of two parcels of real estate located on Madisonville Road at Lane K in the village, shall be extended for a additional period of three years, expiring on October 10, 2018.
(2) Any plans for a business use on said parcels shall be subject to review and approval by the Village Architectural Review Board and the Village Planning Commission.
(3) Zoning from Residence B to Business A on the attached Appendix A shall remain in effect for an additional three years to October 10, 2018, if no applications for building permits are submitted during that period; however, if any building permits are applied for and approved during that time period, the parcel shall remain as Business A. In the event no permits are issued for the construction of a building on these properties during that time, said zoning for the parcels specified herein shall revert back to Residence B zoning and be subject to all of the terms and conditions of said Residence B zoning.
(4) This division (B) shall take effect at the earliest date allowed by law.
(Ord. O-20-10, passed 10-11-2010; Ord. O-19-13, passed 10-14-2013)
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