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(A) The City Council may, in its discretion, permit the construction and existence of free-standing signs which are not permitted signs under §§ 156.132 and 156.133 and are situated/located along state Trunk Highway 169, Central Avenue (county-state aid Road 36), and state Trunk Highway 23, in areas zoned B-1 and B-2. No such signs shall be permitted in any residential (R) zoned district.
(B) The grant of permit for any of these signs shall be subject to the following conditions:
(1) Application for a sign to be constructed under this section shall be submitted to the City Council on a form to be provided by the Building Inspector.
(2) There shall be an annual billboard sign permit fee of not less than $240 which shall be due and payable to the city by the sign permit applicant and which shall be tendered to the city in full upon making the initial billboard sign permit application. The annual billboard sign permit fee shall be pro-rated by the month during the initial application year and thereafter shall be due and payable to the city in full on January 2 of each succeeding year. The billboard sign permit fee shall be non-refundable.
(C) All such signs or billboards shall be placed not closer than 1,200 lineal feet from the nearest billboard on the same side of the same highway, street, or avenue facing traffic proceeding in the same direction.
(D) All such signs or billboards shall be placed so that the sign’s nearest physical dimension shall not be closer than ten feet from the nearest right-of-way line of the closest or nearest city avenue, street, or highway.
(E) (1) No sign or billboard shall be located adjacent to or within 750 feet of an interchange, intersection at grade, or safety rest area.
(2) Also, no sign or billboard shall be located within 750 feet of the point where the outmost ramps or legs (exit and/or entrance ramps) leave or enter the main traveled roadway nor for 750 feet on the other highway or road from the point of its intersection with the ramps or legs nor in the area between these points. Where appropriate from an engineering point of view, this 750 feet shall be measured along the highway, street, or avenue from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.
(F) No such sign or billboard shall be taller than 30 feet from the ground base of the sign and shall contain not more than 400 square feet of surface on the sign’s major or principal surface side.
(G) A permit will be issued only if the sign to be erected blends harmoniously with the scale of the neighborhood, does not distract or cause confusion to motorists and pedestrians and does not conflict with the purpose of this subchapter to preserve and enhance aesthetic value of the commercial areas. In furthering these objectives, the City Council may, as a condition of issuing the permit, place restrictions on the type of sign to be erected and maintained. These restrictions may include, but are not necessarily limited to, the size of the sign; the denial of use of lighting; the amount and type of lighting if lighting is permitted; the location of the sign on the property; and the type of construction to be used for the sign.
(H) A permit will be issued only if the City Council finds the following conditions exist:
(1) The sign is supported by one center standard which standard shall be of steel, reinforced concrete, or similar material which is sufficient in size and strength to fully support the sign and maintain vertical integrity upon a surface wind-load of not less than 80 miles per hour wind speed.
(2) Eight feet of clearance shall exist between grade levels and the bottom of the sign.
(3) The sign cannot be attached to any building or structure and must be 15 feet from any surrounding buildings or structures.
(I) No billboard shall be permitted closer than 700 feet to any abutting property boundary line nor closer than 700 feet to any residential zoned district.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
Penalty, see § 10.99
(A) Any nonconforming sign now existing in this municipality which violates the provisions of this subchapter may not be:
(1) Improved or upgraded in any manner, beyond normal repair and maintenance, which may extend the useful life of the sign or sign structure. The Building Inspector shall determine if the repair or maintenance qualifies under this section, and his or her determination may be appealed to the City Council;
(2) Changed to another nonconforming sign or sign structure by means of changing the design, shape, or lighting;
(a) Relamping is permitted provided that no change is made in the color, shape, shielding, or intensity of the light.
(b) Painting of the sign and sign structure is permitted provided that no change is made in shape, size, design, or reflectiveness of the sign or sign structure.
(3) Enlarged or expanded in any way;
(4) Relocated unless the sign and sign structure will then conform to all other provisions of this subchapter;
(5) Repaired, rehabilitated, or re-established after damage or destruction amounting to 50%of the fair market value as determined by the Building Inspector;
(6) Re-established after discontinuance or abandonment of the sign for one year or where the business advertised on the sign has permanently ceased operation for one year or more; or
(7) Continued for a period of more than one year after a change in the effective control of:
(a) The land and/or building upon which the sign is located; or
(b) The business to which the sign relates.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EFFECTIVE CONTROL. The control exercised over property by a business proprietor, whether as owner or lessee, or by an owner or lessee of other property.
(Ord. 310, passed 2-18-93) Penalty, see § 10.99
The Building Inspector may order the removal of any sign erected or maintained in violation of this subchapter. Ten days' notice in writing shall be given to the owners of the sign, or the owner of the building, structure, or premises on which the sign is located, to either bring the sign into compliance with this subchapter, or effect its removal. Upon failure to remove the sign or to comply with this notice, the Building Inspector shall remove the sign with the permission of the owner. If permission is not granted, the Building Inspector is authorized to obtain an administrative search and seizure warrant. The Building Inspector shall remove the sign immediately and without notice if it reasonably appears that the condition of the sign presents an immediate threat to the safety of the public. Any cost of removal incurred by the city shall be assessed to the owner of the property on which the sign is located or may be collected in appropriate legal proceedings. In the event of successful legal proceedings to collect the cost of removal hereunder, as a part of its judgment the city shall be entitled to judgment against the defendant-violator for its costs and disbursements, including reasonable attorney’s fees.
(Ord. 310, passed 2-18-93)
The City Council following a public hearing by the Board of Adjustments and Appeals may issue a variance from the application of any section of this subchapter upon due application therefor, payment to the city of a fee as designated in Chapter 34 of this code, and in accordance with and pursuant to the provisions of Chapter 34.
(Ord. 310, passed 2-18-93)
It shall be unlawful for any person, firm, or corporation to erect, alter, repair, move, equip, or maintain any sign or sign structure or cause or permit the same to be done in violation of any of the provisions of this subchapter. Any person who violates any provision of this subchapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and 90 days in jail, or both.
(Ord. 310, passed 2-18-93) Penalty, see § 10.99
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