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(A) A nonconforming sign is a lawfully existing sign, which fails to com ply with all applicable sign regulations, such as the location of the sign, height of the sign or sign area. A nonconforming sign can remain in use, if maintained in accordance with the definition of "maintenance" contained in § 160.12 of this chapter.
(B) If a nonconforming sign is proposed to be altered in any fashion that would require the issuance of a new permit as determined in § 160.04(A) of this chapter, or if the nonconforming sign advertises a business no longer being conducted or a product no longer sold on the premises, the sign must be brought into conformity or removed within 30 days after written notice from the administrative official. The notice to bring the sign into conformity or remove shall be served on the owner, agent, or person having the beneficial use of the buildings, structure or premises upon which the sign is found.
(C) Any person who violates, disobeys, omits, neglects or refuses to comply with the order of the administrative official to bring into conformity or remove the nonconforming sign shall be in violation of this section. In addition to the penalties provided for in § 160.99 of this chapter, an injunction requiring compliance with this Code ordering the alteration or removal of the nonconforming sign may be obtained.
(Ord. 2001-5053, passed 3-6-2001)
(A) An obsolete sign is a sign which advertises a business no longer being conducted or a product no longer being sold on the premises upon which the sign is located.
(B) An obsolete sign shall be covered or removed within 30 days after written notice from the administrative official. The notice to cover or remove the sign shall be served on the owner, agent or person having the beneficial use of the premises upon which the sign is found. If the sign is covered, the covering (which must be an opaque, durable, weatherproof material) and the method of applying or installing the covering must be approved by the administrative official.
(C) Any person who violates, disobeys, omits, neglects or refuses to comply with the order of the administration official to cover or remove the obsolete sign shall be in violation of this section. In addition to the penalty provided for in § 160.99 of this chapter, the administrative official is hereby authorized to make application to the courts for an injunction requiring compliance with this chapter ordering the covering or removal of the obsolete sign.
(Ord. 2001-5053, passed 3-6-2001)
(A) The construction and maintenance performance standards for signs contained in the Basic/National Building Code (BOCA) are adopted herein by reference and shall be the performance standards for the construction and continual maintenance of signs regulated by this chapter unless otherwise specified in this chapter.
(B) All components of a sign shall be kept clean, in good repair and free from all electrical and mechanical hazards, including but not limited to, faulty wiring, loose connections, missing or broken panels, etc. All electrical service shall conform to the city Electrical Code.
(C) Signs and their support structure(s) shall be painted when necessary to prevent corrosion or to replace peeling or flaking paint.
(D) Any sign in violation of the construction and maintenance performance standards shall be repaired or removed within 30 days after written notice from the administrative official. The notice to repair or remove the sign shall be served on the owner, agent or person having the beneficial use of the property upon which the sign is found.
(E) Any person who violates, disobeys, omits, neglects or refuses to comply with the order of the administrative official to repair or remove the sign shall be in violation of this section. In addition to the penalties provided for in § 160.99 of this chapter, the administrative official is hereby authorized to make application to the courts for an injunction requiring compliance with this chapter ordering the repair or removal of the sign.
(Ord. 2001-5053, passed 3-6-2001)
Any person subject to the provisions of this chapter may petition for a variance from the technical restrictions of this chapter regarding sign location, height, dimensions, area and location, and all other technical provision of this chapter pursuant to the following procedure:
(A) Such person shall petition the City Council for a variance specifically setting forth the technical requirements which petitioner seeks to have modified. The petition shall be filed with the Building Inspector in triplicate. No special form shall be required; however, the petition shall set forth the legal description of the location of the sign; the nature and purpose of the sign; the specific sections of this chapter from which relief is requested; the specific reasons for the relief requested; and the claimed hardship resulting from a strict enforcement of this chapter.
(B) A copy of the petition for variance shall be furnished by the petitioner to persons or businesses located on all property within 150 feet of the location or proposed location of the sign(s) which is the subject matter of the petition for variance. Proof of service shall be provided by petitioner to the Building Inspector.
(C) The Building Inspector shall investigate the claim(s) set forth in the petition within 30 days after the petition has been filed. The Building Inspector shall make his or her recommendations, in writing, to the City Planning Commission.
(D) The Planning Commission, at its next regularly scheduled meeting, shall consider the petition for variance and the written report of the Building Inspector regarding his or her investigation. The Planning Commission shall decide promptly with respect to the petition and shall forward its recommendation to the City Council. The Planning Commission may, from time-to-time, continue its decision on the petition in the event that additional information is desired in order to act upon the petition.
(E) The City Council shall consider the petition for variance at the next regularly scheduled meeting following receipt of the recommendation of the Planning Commission by the City Clerk. The City Clerk shall place the petition for variance on the agenda for the City Council. Copies of the petition for variance; the investigation report of the Building Inspector; and the recommendation of the Planning Commission and any other relevant information shall be provided to all members of the City Council prior to its official action on the petition for variance.
(F) A variance shall be allowed from the technical provisions of this chapter only if petitioner can prove a hardship which is hereby defined as an inability by the petitioner to exercise its rights under the First Amendment of the Constitution of the United States of America without unreasonable restrictions unrelated to a legitimate governmental interest; or, in the event that the technical requirements of this chapter is found to create a hardship on the petitioner in the development or use of this property or business; or, the technical requirements of this chapter is found to create such other practical difficulty in the use or promotion of his or her business; and, that a relief from technical restrictions will not impose undue burdens or hardships upon others owning or occupying property within the area of petitioners property or development.
(Ord. 2001-5053, passed 3-6-2001)
All persons convicted of a violation of this chapter shall be subject to a fine according to the general penalty of § 10.99. Each day of violation may be sought as separate charges.
(Ord. 2001-5053, passed 3-6-2001; Am. Ord. 2009-5281, passed 9-15-09)