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Temporary signs shall be allowed within all commercial and industrial districts in excess of and in addition to the sign limitations of this subchapter, as well as in the R-1, R-3 and R-4 residential districts when the use is non-residential. The following provisions shall apply.
(A) Each application for a temporary sign permit under this section shall be submitted to the Zoning Administrator and shall include a permit fee as established by City Council resolution.
(B) No more than two (2) temporary signs shall be allowed on any parcel at any given time.
(C) Temporary sign permits shall expire ninety (90) days from the date of issuance.
(D) Temporary signs shall only be permitted on private property or by City Council approval if located on public property or right-of-way.
(E) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(F) Each temporary sign is limited to sixty-four (64) square feet in area per sign face, and shall have no more than two (2) sign faces.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
(A) All signs, except temporary signs, existing upon the effective date of this subchapter shall be allowed to continue in the manner of operation providing there is no change in use. Temporary signs may only continue with a temporary permit.
(B) Any sign erected before the passage of this subchapter shall not be rebuilt, moved to a new location on the affected property or altered, except for the changing of movable parts of signs designed for changes or the repainting of display matter for maintenance purposes, without being brought into compliance with the requirements of this subchapter.
(C) Any sign in violation of this subchapter may be subject to confiscation. Confiscated signs shall be held by the city for ten (10) business days and, if not reclaimed by the owner, the signs shall be disposed of.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
If the Zoning Administrator finds that any sign has been erected without the necessary permit(s) or any sign is being maintained in violation of any provision of this subchapter, he or she may give written notice of such violation to the sign installer, to the permit holder and/or to the owner, lessee or manager of the property. If after receiving the notice such person fails to remove or alter the sign so as to comply with the provisions of this subchapter, the sign shall be deemed to be a nuisance and may be abated by the city. The cost of such reasonable attorney’s fees may be levied as a special assessment against the property upon which the sign is located.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
An applicant for a sign permit or a permit holder may appeal any order, requirement, decision, or determination made by the Zoning Administrator/Building Official in the enforcement of this subchapter, by filing a letter of appeal with the Zoning Administrator, requesting a hearing before the Planning Commission and the City Council. The Planning Commission shall make a recommendation to the City Council regarding the appeal, and the City Council shall decide all such appeals.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
The Planning Commission shall hear and make recommendations to the City Council on all requests for variances. The City Council shall decide all requests for variances from the literal provisions of this subchapter. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so.
(A) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to their property and/or structures.
(B) The variance is necessary for the preservation of substantial property rights of the applicant.
(C) Under the circumstances of the particular situation, the variance will not adversely affect the health, safety, or general welfare of residents of the surrounding area or of the community as a whole.
(D) The variance will not conflict with the Comprehensive Plan.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
The owner of any sign otherwise allowed by this subchapter may substitute a non-commercial speech sign in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
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