(A) In the RS and IR Districts only one sign as defined herein shall be permitted on a lot or tract of land having a minimum frontage of 1000 feet. One additional outdoor advertising structure shall be permitted for each additional 1000 feet of frontage.
(B) A permit shall be issued by the Building Commissioner for outdoor advertising structures in those districts to be built up to the established building line or existing building line whichever is closer to the right-of-way. The permit shall require the relocation or removal of the structure within 60 days notice by the Building Commissioner that an improvement location permit for residential use has been issued for the land upon which structure is located, or a plat of such land is recorded as a residential subdivision.
(C) No sign may be located closer than 100 feet to adjacent residential structure without the written consent of the owner of the residential structure.
(D) No such sign shall be erected opposite a residence closer than 75 feet from a line drawn at right angles to the center line of that residence without first obtaining the written consent of the owner or owners.
(E) Outdoor advertising sign regulations.
(1) Purpose. The purpose of this division shall be to:
(a) Coordinate the type, placement and physical dimensions of signs within the different zoning districts;
(b) Recognize the commercial communication requirements of all sectors of the business community;
(c) Encourage the innovative use of design;
(d) Promote both renovation and proper maintenance;
(e) Allow for special circumstances;
(f) Guarantee equal treatment under the law through accurate record keeping and consistent enforcement;
(g) Protect and promote property values of the community; and
(h) Improve the appearance and aesthetic quality of the community.
(2) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ABANDONED SIGN.” Any sign or its supporting structure that remains without a message, or whose display surface remains blank, for a period of:
1. One year or more for a sign or support structure that conforms to this division at the time of its adoption; or
2. Sixty days for a sign that does not conform to this division at time of its adoption; or
3. Any sign that pertains to a time, event or purpose that no longer applies; shall be deemed abandoned.
“AREA OF SIGN.” The area in square feet of the smallest, simplest, single geometric figure that encloses the area forming the outside shape of the sign face.
“AWNING SIGN.” Any sign located on an awning.
“BANNER SIGN.” Any sign made of lightweight material, either enclosed or not enclosed in a rigid frame, which may allow the movement of the sign by the air.
“BUILDING IDENTIFICATION SIGN.” Any sign that states only the name of the building itself and is an integral part of the architecture, or that identifies the person, the establishment, the principal product and/or service available at a business.
“CONSTRUCTION SIGN.” Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building project, or announcing the character of the building enterprise or the purpose for which the project is intended.
“COPYRIGHTED SIGN.” Any sign offering information or incidental services such as VISA, MasterCard, MA, FSLIC, and the like.
“DIRECTION SIGN.” Any sign that serves solely to designate the location or direction of any area or place.
“DIRECTORY SIGN.” Any sign on which the names and locations of occupants are given, or that provides a listing of uses or tenants within a particular building or complex of buildings.
“FACADE.” Any face of a building that faces a street, private roadway, parking lot or pedestrian walkway.
“FLASHING SIGN.” Any sign that flashes or appears to flash by a powered light source.
“FREESTANDING SIGN.” A sign erected on a frame, mast or pole that is not attached to a building.
“HEIGHT OF A SIGN.” The distance between the lower grade level within two feet of either side of a sign, and the highest part of the sign or its supporting structure.
“INTEGRATED CENTER.” An area of development (commercial,
industrial, or any combination of commercial, industrial and residential uses) of one or more lots comprised of:
1. Two or more individual, unrelated and separately operated uses in one building sharing common site facilities; or
2. One or more buildings containing unrelated and separately operated uses occupying a common site, which utilize one or a combination of common site facilities, such as driveway entrances, parking areas, driving lanes, signs, maintenance and similar common services; or
3. One or more buildings containing unrelated and separately operated uses occupying individual sites, which are interrelated by the utilization of one or a combination of common facilities, such as driveway entrances, public or private street network, parking areas, maintenance and other services.
“LINEAL.” A distance in any direction along frontage on both sides of a street and cross streets. This term does not apply to signs located on parallel streets.
“MARQUEE SIGN.” A sign designed and/or constructed as an integral part of a marquee, or giving the appearance of being an integral part of a marquee. This term includes canopy and awning signs.
“MOBILE SIGN.” A sign that is designed to be moved from one location to another, and is not permanently affixed to the ground or to a structure that is permanently affixed to the ground.
“OFF-PREMISES SIGN.” Any sign that identifies or directs attention to a product, service, activity or business not conducted on the premises on which the sign is located.
“ON-PREMISES SIGN.” Any sign that identifies or directs attention to a product, service, activity or business conducted on the premises on which the sign is located.
“PERMANENT SIGN.” Any sign intended to be erected and maintained for more than 30 days.
“POLITICAL SIGN.” Any sign relating to the election of a person to public office, to a political party or group, or to a matter to be voted upon at any election by a public body.
“PROJECTING SIGN.” A sign other than a wall sign, which is attached to and projects from a structure or building face, and does not project above the roofline or the cornice wall.
“REAL ESTATE SIGN.” Any sign used to offer for sale or lease the property upon which it is located.
“ROOF SIGN.” Any sign erected entirely upon or over the roof of any building and supported solely on the roof surface.
“SIGN.” Any name, identification, description, display, logo or symbol affixed to, hung on, painted, represented directly or indirectly upon a building (including window and door area) or structure that is in view of the general public, and directs attention to a person, place, product, activity, institution, organization or business. Included within this definition are the following types of signs:
1. “TEMPORARY SIGN.” Any sign erected and maintained for not more than 30 days, except for temporary business identification signs, which shall be allowed for 60 days.
2. “TRADEMARK SIGN.” Any sign that shows registered trademarks or portrayals of specified commodities.
3. “WALL OR FLAT SIGN.” Any sign attached to and erected parallel to the building face, and projecting no more than 12 inches from the wall surface. This includes individual letters applied to the building face.
4. “WINDOW/DOOR SIGN.” Any permanent sign painted, goldleafed or attached to the glass area, or installed behind a window for viewing through the window from the outside of the premises.
“TOP ROOFLINE.” The principal top edge of the roof of a building.
(3) Requirement of permit. A sign permit shall be required before the erection, construction, placing or locating of all signs regulated by this chapter, except as otherwise exempted herein.
(4) Maintenance and removal.
(a) All signs, including but not limited to, those signs for which permits are required, shall be maintained in a good state of repair, including replacement of defective parts, painting, cleaning and other acts required for sign maintenance.
(b) The Building Commissioner's Office shall have the right of entry in order to inspect all signs for compliance with the provisions of this division.
(c) When any sign is not maintained within the provisions of this chapter, or determined otherwise unsafe, the Office of the Building Commissioner, or its authorized representative, shall send written notice to the owner of the property on which the sign is located to remove, repair or alter the sign. If the sign is not removed, repaired or altered within 90 calendar days, the Office of the Building Commissioner, or its authorized representative, can cause the sign to be removed, repaired or altered, at the expense of the owner of the property, in accordance with the provisions of this chapter.
(5) Miscellaneous provisions.
(a) Sign maintenance. No sign or part thereof shall be erected or maintained except in conformance with the provisions of this chapter.
(b) Lighting of signs. No lighting of signs shall be permitted to be used in any way in connection with a sign unless:
1. It is effectively shielded so as to prevent beams or rays of light from being directed at vehicles traveling on a street; or
2. It is of such low intensity or brilliance so as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.
(c) Flashing or blinking signs.
1. Signs that incorporate in any manner flashing, moving or revolving illumination are not permitted, except as provided in this chapter, and provided that the illumination of any sign shall not exceed 300 foot lamberts, as measured at any point on the property line upon which the sign is located.
2. No sign shall blink or flash, nor be illuminated by any device so as to appear to blink or flash, except as otherwise expressly provided in this chapter.
(d) Encroachments.
1. No sign shall be erected upon, maintained in, encroach upon, or overhang any public right-of-way without approval of the Board of Public Works, except as expressly provided in this chapter, and state and federal laws as amended.
2. However, all other applicable standards of this chapter shall apply.
(e) Rocks and trees. No sign shall be painted on or attached to rocks, trees, or any other natural object, except monument signs.
(f) Roof signs. In all nonresidential zoning districts, a roof sign may be permitted as an alternative to a permitted freestanding sign under the following conditions.
1. The business for which the roof sign is sought offers no feasible opportunity for placement of a freestanding sign as otherwise authorized within the zoning district.
2. The roof signs shall not be higher than the district height limitation for buildings.
3. All such roof signs shall be finished in such a manner that the visual appearance from all sides is that they are a part of the building itself.
4. A sign on a sloping roof must be a minimum of one foot below the top roofline.
5. The permitted roof sign shall be no larger in area than the freestanding sign permitted in the zoning district in which it is to be located.
6. Such sign shall not be located closer than 60 feet to a residential district.
(g) Freestanding signs.
1. Location. On-premise freestanding signs shall be located a minimum of 100 feet from all residentially zoned districts.
2. Number of faces permitted. Unless specifically restricted by these sign regulations, a sign may contain more than one sign face, and may be two-sided, provided all other requirements of these regulations are met.
(h) Internal signs. Nothing in this division shall be interpreted to restrict signs placed on the inside of a building and directed towards the building's interior.
(6) Permitted sign provisions for residential districts (R-1, R-2, R-3 and RS, and MHP Zoning Districts). Signs in residential zoning districts are not permitted unless otherwise provided for herein.
(a) One on-premises non-illuminated sign is permitted for each dwelling unit.
(b) Such sign shall not exceed one square foot in area, and may be used to identify the name(s) of the premises or occupants thereof, or to provide similar information.
(c) Additional signs are allowed under divisions (9)(a), (9)(b), (9)(c), (9)(d), and (10).
(7) Permitted sign provisions for business districts (C-1, C-2, C3, C-4 Zoning districts).
(a) On-premises signs.
1. Wall signs. On-premises wall sign(s) on building facades, attached to the face of a building or mansard roof, or substantially parallel thereto, and not projecting beyond or above the roof or top of the cornice wall, are permitted. The copy area of such wall sign(s) per building facade shall not exceed 40% coverage of the wall face.
2. Freestanding signs. One on-premises freestanding sign per development parcel per street frontage is permitted.
a. The freestanding sign shall not exceed 100 square feet in area, and shall not exceed 35 feet in height. Such signs may be located a minimum of five feet from any front and side lot line, except for integrated centers (see the following paragraph).
b. The sign surface area of a freestanding identification sign for an integrated center shall not exceed that specified in the following table.
INTEGRATED CENTERS | |
Frontage to which Sign is Oriented | Maximum Sign Area |
1. Up to 50 linear feet | 200 square feet |
2. Between 50 and 350 linear feet | One additional square foot of sign area per each additional linear foot of frontage over 50 feet to which the sign is oriented |
3. Between 350 and 500 linear feet | No additional square feet of sign area than that allowed by 2. |
4. Between 500 and 1,100 linear feet | 0.75 additional square foot of sign area per each additional linear foot of frontage over 500 to which the sign is oriented. In no case shall the sign area exceed 900 square feet. |
5. Over 1,100 liner feet | 900 square feet |
For integrated centers: On lots with a linear frontage oriented to the same street in excess of 500 linear feet, a second freestanding identification sign for an integrated center may be utilized (see number of signs for additional provisions). However, if two freestanding identification signs are utilized, the combined area (in square feet) of both signs shall not exceed that allowed, based upon the linear street frontage to which the sign is oriented or 900 square feet, whichever is the lesser. Provided, however, the sign surface area of a freestanding identification sign for an integrated center shall not exceed a maximum of 500 square feet for a sign oriented to a secondary arterial, collector, local, marginal access or private streets.
For integrated centers: A freestanding on-premises sign shall be located no closer than five feet from the front lot line, and five feet from the side lot line.
3. Projecting signs.
a. In lieu of the sign permitted in division (a)2. above, one on-premises projecting sign is permitted.
i. The projecting sign may project from a building a maximum of six feet, and may project into a required front yard.
ii. Such sign shall have a minimum ground clearance of eight feet above the walk or grade below.
iii. The maximum area of such sign shall be 40 square feet.
b. Where more than one business is located on the development parcel, the on-premises projecting signs shall be combined, and the resultant sign shall not exceed 75 square feet in total area.
4. Marquee signs.
a. One on-premises marquee sign may be attached to the marquee, and may extend as long as the marquee, but shall not:
i. Extend into or over the public right-of-way;
ii. Exceed five feet in height; or
iii. Project above the cornice or roof of the building.
b. Those signs projecting above or below the marquee shall be erected at a 90-degree angle to the building, and shall project no more than six feet, with a minimum clearance of eight feet above the walk or grade below.
(b) Off-premises signs.
1. Off-premises signs not exceeding 100 square feet in total area per direction are permitted in C-1, C-2, C-3 and C-4 Zoning Districts, except in the Central Business District (Downtown Area).
2. The “DOWNTOWN AREA” is the area between 11th Street on the west, Indiana Avenue on the south, 15th Street on the east, and Vine Street on the north.
3. Subject to the following requirements:
a. Each off-premises sign may contain a maximum of two sign faces (facing the same) in each direction, as long as the total sign area is not exceeded, and the two faces are not separated by a distance of more than 12 inches.
b. Such signs shall be no closer than the permitted setback for a principal structure in each permitted zoning district.
c. The maximum height of any off-premises sign shall be 35 feet, as measured from the ground level to the top of the sign. Likewise, the minimum height of any off-premises sign shall be seven feet, as measured from the ground level to the bottom of the sign.
d. Such signs shall be spaced at least 600 lineal feet from any other off-premises sign, as measured along the principal road from which the off-premise sign is visible, in both directions and along both sides of the road.
e. Such off-premises signs shall not be located within a 300-foot radius, nor within 600 lineal feet, of any city or county residential district, any church, school, health care facility, historic district (or property eligible for historical designation), or any building owned or leased by a unit of federal, state or local government.
(8) Permit sign provisions for industrial districts (I-1, I-2, and I-R Zoning Districts).
(a) On-premises signs.
1. Wall signs.
a. On-premises wall signs, attached to the face of the building or mansard roof, or substantially parallel thereto, and not projecting above or beyond the roof or top of the cornice wall, are permitted.
b. The copy area of such wall signs per building facade shall not exceed 60% coverage of the wall face.
2. Freestanding signs. One on-premises freestanding sign on each street frontage per parcel is permitted.
a. The sign shall not exceed 300 square feet in area and 50 feet in height.
b. The sign shall be located no closer than five feet from the front lot line and five feet from the side lot line.
3. Marquee signs.
a. One on-premises marquee sign may be attached to the marquee, and may extend as long as the marquee, but shall not:
i. Extend into or over the public right-of-way;
ii. Exceed five feet in height; or
iii. Project above the cornice wall or roof of the building.
b. Those signs projecting above or below the marquee shall be erected at a 90-degree angle to the building, and shall project no more than six feet, with a minimum clearance of eight feet above the walk or grade below.
4. Projecting signs.
a. In lieu of the signs permitted in divisions (a)2. and 3. above, one on-premises projecting sign for each business may be substituted.
b. The projecting sign may project from the building a maximum of eight feet, and shall not project above the roofline or top of cornice wall.
c. The sign shall have a minimum clearance of eight feet above the walk or grade below, and a maximum area of 40 square feet.
(b) Off-premises signs. Off-premises signs are permitted as follows.
1. Off-premises signs not exceeding 300 square feet in total area per direction are permitted, except in the Downtown Area.
a. The “DOWNTOWN AREA” is the area between 11th Street on the west, Indiana Avenue on the south, 15th Street on the east and Vine Street on the north.
b. The sign shall be no closer than 15 feet to the front lot line and shall not exceed 35 feet in height.
c. The sign shall be spaced at least 600 lineal feet from any other off-premises sign in any direction along frontage on both sides of a street and cross streets.
2. Subject to the following requirements.
a Each off-premises sign may contain a maximum of two sign faces in each direction, as long as the total sign area is not exceeded.
b. Such signs shall be no closer than the permitted setback for a principal structure in each permitted zoning district.
c. The maximum height of any off-premises sign shall be 35 feet, as measured from the ground level to the top of the sign. Likewise, the minimum height of any off-premises sign shall be seven feet, as measured from the ground level to the bottom of the sign.
d. Such sign shall be spaced at least 600 lineal feet from any other off-premises sign, as measured along the principal road from which the off-premise sign is visible, in both directions and along both sides of the road.
e. Such off-premises signs shall not be located within a 300-foot radius, nor within 600 lineal feet, of any city or county residential district, any church, school, health care facility, historic district (or property eligible for historic designation), or any building owned or leased by the city, county, state or federal government.
f. A double-faced or a V-type off-premises sign, not exceeding an angle of 30 degrees, and not further than 12 inches at the closest point between the two faces, shall be exempt from the spacing requirements between the two sign faces only.
(9) Other permitted signs. The following signs shall be permitted in the areas specified if they comply with all the requirements of this chapter. The following signs shall not require a permit, unless otherwise noted.
(a) Residential districts.
1. In all residentially zoned districts, on-premises freestanding signs, not exceeding 20 square feet in area nor five feet in height, and no closer than ten feet to any lot line, identifying multiple-family housing complexes, neighborhood associations and subdivision areas at each entrance, shall be permitted; provided, that if the sign is a part of an approved landscape screen, then the copy area shall not exceed 32 square feet, nor six feet in height.
2. Signs within a required front yard may be located only at the entrance from a major street to the multiple housing or complex or subdivision area.
3. No more than two signs may be located at any entrance.
(b) Subdivision identification signs. In any residential zoning district, a subdivision identification sign shall be permitted at each entrance, under the following conditions.
1. One sign per main entrance is permitted.
2. The area of the sign, including support structure, shall not exceed 75 square feet.
3. It shall not be located closer than five feet to the front lot line and five feet from the side lot line.
4. The height of such signs shall not exceed five feet, with the height being determined by a measurement from the ground level, at the lowest grade level within two feet of either side of the sign.
5. Such signs shall only be for the identification of the subdivision.
(c) In any zoning district, the following signs shall be permitted for churches and schools and shall not require a permit.
1. One on-premises freestanding sign per street frontage.
a. The area of the sign shall not to exceed 50 square feet, including the sign structure.
b. The height of the sign shall not exceed seven feet.
c. Signs shall not be located closer than five feet to the front lot line and five feet from the side lot line.
2. One on-premises wall sign, which shall not exceed 32 square feet in area.
3. One temporary sign for an event is permitted for a maximum of 14 days.
a. The sign shall not exceed 32 square feet in area, and five feet in height.
b. The sign shall not be located closer than five feet to the front lot line and five feet from the side lot line.
(d) In any zoning district, the following on-premises signs shall be permitted.
1. An official sign authorized by any government or a subdivision thereof, including traffic, directional and warning signs, public notices, and proclamations erected or displayed in discharge of any government functions, or where required by law, ordinance or regulations.
2. Flags or banners of any government or subdivision thereof, or of any educational, charitable, religious, political, civic or service organization.
3. Historical or commemorative plaques or tables.
4. Memorial plaques, tablets or building cornerstones, when cut or carved into a masonry surface, or when made of incombustible material and made an integral part of the building or structure it identifies.
5. Street names and numbers.
6. Reflectors and other safety signs or devices used to mark driveways, towers, airport approaches, and other potentially dangerous structures or situations; as well as warning signs for underground public utilities.
7. Murals, not to exceed 120 square foot area, exclusive of any sign copy area, painted on the wall of a building, fence or similar structure. Any exception subject to approval of Board of Public Works.
8. Historically significant signs may be exempted from the provisions of this chapter after being reviewed and approved by the Historic Preservation Review Board, and in conformance with any historic preservation ordinance adopted by the city.
9. Information and/or direction signs.
a. Such signs direct traffic within the premises or identify the location of restrooms, telephone, freight entrances, and the like.
b. Such signs are not to exceed six square feet in area and three feet in height
c. Such signs may include the name of a business or its logo.
10. Temporary institutional signs.
a. Such signs announce a campaign drive or other event of a civic, philanthropic, educational or religious organization.
b. Such signs shall not to exceed 32 square feet in area.
c. Such signs shall be permitted not more than 30 days prior to the event, and shall be removed within seven days after the event.
11. Warning signs.
a. Such signs warn the public against hunting, fishing, trespassing, dangerous animals, swimming, and the like.
b. Such sign are permitted provided their area does not exceed four square feet, and their height does not exceed three feet.
(e) Service stations. The following signs are permitted on the premises used as service stations, in addition to those signs otherwise permitted in zoning district in which such service stations are located.
1. Signs on either face of the gas pump, not to exceed a total copy area of four square feet per motor fuel dispenser on each side;
2. One additional on-premises wall sign per street frontage, the area of each such sign not to exceed six square feet.
3. One additional on-premises canopy sign per canopy face, except if it faces an abutting city or county residential or office district, not to exceed 50 square feet in area.
4. One two-faced sign per street frontage, identifying self-service, full service and gas prices, each face not to exceed 50 square feet.
(f) Commercial districts. In any commercial district, two on-premises freestanding signs, each not to exceed 20 square feet in area, or one on-premises freestanding sign not to exceed 32 square feet in area, functioning as menu boards, are permitted in conjunction with an eating establishment utilizing ordering from vehicles; provided, any sign shall not exceed six feet in height, and shall not be permitted in the required front or side yard of the district in which it is located.
(g) Vehicles. Signs painted, printed or mounted on vehicles, which are incidentally displayed on any vehicle in connection with the use of such vehicle for transportation purposes, are permitted, provided such vehicles are licensed and operable.
(10) Temporary signs. The following temporary signs shall be permitted with the following specific regulations, and shall not require a permit.
(a) Real estate signs. In any zoning district, at such time that the property is placed on the market, one on-premises real estate sign may be erected on each street frontage of a premises, identifying an offer for sale, rent or lease of all or part of the premises on which it is located. Such sign shall be removed within seven days after closing the sale, renting or leasing of the property, and under the following conditions.
1. In any residential district, such real estate sign shall not exceed six square feet of area.
a. It may be located in a required yard.
b. Its height is not to exceed eight feet.
2. In any other zoning district, such real estate sign shall not exceed 32 square feet.
a. It may be located in a required yard.
b. Its height is not to exceed eight feet.
(b) Auction signs.
1. An auction sign is permitted in any zoning district.
2. Its area shall not exceed 32 square feet
3. Its height shall not exceed six feet.
4. It is permitted for 21 days prior to the event, and must be removed within five days after the event.
(c) Holiday decorations.
1. Decorations for religious or national holidays are permitted.
2. Such decorations may blink, flash or move, and may be located in a required yard; provided, however, that no such holiday decoration shall interfere with traffic, or present any hazard to the safety or welfare of the public.
(d) Construction signs and business signs during construction.
1. One temporary construction sign per street frontage shall be permitted at a construction site to identify the nature of the construction, and those persons or firms associated within, including contractors, architects, finance companies and owners.
2. The sign shall not exceed 16 square feet in area, and six feet in height, when located in residential districts.
3. Nonresidential districts.
a. In any other zoning districts, if such sign is located within 100 feet of any residential district, along side and front lot lines, it shall not exceed 64 square feet in area and 12 feet in height.
b. Such signs may be located five feet or more from the front lot line.
4. If such sign is located in a residential district under development that consists of five acres or more, then the sign shall not exceed 128 square feet in area and 20 feet in height.
5. Any temporary sign erected while a business is undergoing construction or renovation, which prohibits placement of a permanent sign until a later date.
a. The temporary sign may not exceed the anticipated size of the permanent sign.
b. An extension of time for a temporary sign must be approved by the Board of Works.
(e) Wall signs in commercial districts. In all business and industrial zoning districts, temporary wall signs identifying special sales and openings:
1. Shall not exceed 32 square feet in area; and
2. Shall be permitted on the premises of commercial establishments for no more than 60 days in any calendar year.
(f) Freestanding temporary signs in commercial districts. Signboards and electric signboards identifying special sales and openings:
1. Shall not exceed 32 square feet in area; and
2. Shall be permitted on the premises of commercial establishments for no more than 60 days in any calendar year.
(g) Garage sale signs.
1. Such signs shall not exceed four square feet in area, and three feet in height.
2. Such signs may be located in the front yard of the property.
3. No such sign may be located in any public right-of-way, or attached to any utility poles or city street or traffic signs.
(h) “Business moving" signs.
1. In all nonresidential districts, a sign announcing the moving of a business to a new location is permitted for a period of 60 days.
2. It shall not exceed 32 square feet in area, and eight feet in height.
(i) Political signs.
1. Such signs shall be placed in required front or side yards.
2. Such signs shall be set back from the street at least eight feet
3. Wall signs in commercial districts shall not exceed 96 square feet in area.
4. Yard signs shall not exceed six square feet.
5. Removal.
a. All political signs must be removed within ten days following the election.
b. A winning candidate in a primary election may maintain his/her sign until ten days following the general election.
c. The person responsible for the removal of a political sign is the owner of the property upon which it is located.
d. If such signs are not removed within the specified time period, the administrative zoning officer may initiate action for their removal.
(11) Flood Plain Zoning District. No sign shall be erected in the designated Flood Plain (see § 152.29).
(12) Variance procedure; use variance.
(a) The Board of Zoning Appeals shall approve or deny variances of use from the terms set forth here.
(b) The Board may impose reasonable conditions as part of its approval.
(c) However, a variance may be approved only upon a determination in writing that:
1. Approval will not be injurious to the public health, safety, morals and general welfare of the community;
2. The use and value of the area adjacent to the property included in the variance will not be affected in substantially adverse manner;
3. The need for the variance arises from some condition peculiar to the property involved;
4. The strict application of the terms of the chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
5. The approval does not interfere substantially with the comprehensive plan adopted by the city.
(13) Discontinuation of nonconformity.
(a) Within 90 days after any lawful nonconforming sign or sign structure is no longer functional or is abandoned, the sign or sign structure shall be removed.
(b) Any extension is subject to the approval of the Board of Public Works.
(14) Enforcement.
(a) Conformity.
1. It shall be illegal for any sign to be placed, erected or constructed except as provided in this chapter.
2. Any person, firm or corporation violating any provisions of this division, or failing to comply with any order or regulation made shall be in violation and subject to all penalties thereof.
(b) Nonconforming signs.
1. Reasonable repairs, alterations and conversions may be made to nonconforming signs as long as location, height and area are the same or less than that of the existing nonconforming sign, or meet the requirements of this chapter.
2. However, in the event that any such sign is hereafter damaged by any means whatsoever, including an act of God, and the damage exceeds 50% of the replacement value according to certified documentation, such sign may be restored, reconstructed, altered or repaired only in conformance with the provisions of this chapter.
(c) It shall be the duty of the Office of the Building Commissioner to enforce all provisions of this chapter in the manner and form with the powers provided by this division and any and all other provisions of this code, and as provided in the laws of the state.
(d) The Office of the Building Commissioner, who has the authority to issue permits or licenses, shall not issue any permit or license for any sign that would conflict with the provisions of this chapter.
(15) Filing fees.
(a) Applications for sign permits shall be paid to and collected by the Office of the Building Commissioner per fees established by ordinance.
(b) No part of any filing fee paid pursuant to this chapter shall be returnable to the applicant or petitioner.
(16) Penalty.
(a) Any person, whether a principal, agent, owner or lessee, tenant, contractor, builder, architect, engineer or any other party who violates any provision of § 152.30(E), shall be fined not less than $25 nor more than $300 for each offense. Each day of the existence of any violation of the chapter shall be a separate offense.
(b) The erection, construction, enlargement, conversion, moving or maintenance of any sign that is continued, operated or maintained contrary to any provisions of § 152.30(E), is hereby declared to be a nuisance and in violation of this chapter and unlawful, unless otherwise permitted herein.
1. The Office of the Building Commissioner, in the name of the city, and/or its corporation counsel, may institute a suit for injunction, in the Circuit Court or any Superior Court of the county, to restrain any person or governmental unit from violating any provisions of this division, and to cause such violation to be prevented, abated or removed.
2. Such action may also be instituted by any property owner who may be especially damaged by the violation of any provision of this division.
(c) The remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.
(Ord. 2281, passed 4-2-79; Am. Ord. 3265, passed 5-29-01; Am. Ord. 3356, passed 6-2-03; Am. Ord. 3356, passed 6-2-03) Penalty, see § 152.99