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(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
In addition to all other remedies available under this subchapter or other law, the city shall have the right to apply to the courts for injunctive relief; the court granting equitable relief shall also grant the city judgment against the defendant ordering the defendant to pay to the city its suit costs and disbursements including reasonable attorney’s fees incurred in bringing the action.
(Ord. 310, passed 2-18-93)
Temporary off-premise special event signs commemorating a special event, business anniversary, limited hours, grand opening or other promotion may be permitted, subject to the following:
(A) Permit requirements.
(1) Permit application. A temporary off-premise sign permit application form signed by the applicant and the property owner upon whose property the sign will be erected, together with a fee set by Council resolution, shall be submitted to the Building Official, who is hereby authorized to review and approve permits for temporary off-premises signs.
(2) Duration of permit, expiration, sign removal required. All permits issued hereunder shall be for a maximum duration of seven calendar days and shall automatically expire after this period. Upon permit expiration, the applicant shall cease to display any and all signs approved by the permit.
(B) Limitation on permits.
(1) No more than two temporary signs per permit are permitted under this section shall be allowed to any business entity at one time.
(2) No more than 12 permits per calendar year shall be issued to any business entity.
(3) If two or more permits are obtained in succession by any applicant, both permits shall be counted for the purpose of determining the yearly limitations of this section.
(4) Maximum temporary sign size shall be limited to 16 square feet.
(C) Location/setbacks.
(1) Signs may be placed in any zoning district.
(2) Signs may be located off the premises of the business sponsoring the special event.
(D) Sign requirements.
(1) Signs shall be erected and maintained so as to present no danger to the public.
(2) The applicant shall be responsible for locating all utilities.
(Ord. 395, passed 10-18-12)
ADULT ORIENTED BUSINESS AND ADULT USE BUSINESS
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