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(a) A sign conforming as to the regulations prevailing on the effective date of this chapter, but which does not conform with the regulations of this or a subsequent amendment, shall be construed as a legal nonconforming sign. The Building Commissioner shall keep a list of such non-conforming signs and shall notify the owners of the status of non-conformity. A nonconforming sign may be continued to be used in the following circumstances:
(1) Repairs. Normal or ordinary repairs and improvements may be made but shall not require a permit from the Building Commissioner. For the purpose of this Zoning Code, normal repairs shall include ordinary maintenance of the sign or structure including painting and replacement of basic equipment such as substitution of lights or minor wiring. The term shall not include the replacement of structural parts in any nonconforming sign except when required by law to make the sign conforming.
(2) Change of use. Where the business use associated with the nonconforming sign at the date of this chapter thereafter changes, such change of use shall require the property owner to bring the sign into compliance with this chapter.
(Ord. 07-103. Passed 4-1-08.)
The Building Commissioner may cause the removal of an illegal sign in cases of emergency or for failure to comply with the written orders of removal, maintenance or repair. In the event that any person, firm or corporation shall prevent the removal or assist in the prevention of removal of any sign ordered to be removed pursuant to this chapter, the Building Commissioner and the Law Department are hereby authorized to obtain from the Common Pleas Court of Cuyahoga County a temporary restraining order and a preliminary and permanent injunction, directing the removal of the sign. After removal or demolition of the sign, a notice shall be mailed to the owner stating the nature of the work and the date on which it was performed and demanding payment of the cost as certified by the Building Commissioner, together with an additional ten percent for inspection and incidental costs.
If the amount specified in the notice is not paid within thirty days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property, together with a ten percent penalty, for collection in the same manner as the real estate taxes. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Building Commissioner, as in the case of a leased sign.
For purposes of removal, the definition of "sign" shall include all sign embellishments and structures designed specifically to support the sign and all electrical wiring (up to the nearest junction box).
(Ord. 1988-175. Passed 10-17-88; Ord. 07-103. Passed 4-1-08.)
The following types of signs are prohibited in all districts:
(a) Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within thirty days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message;
(b) Banners, balloons, cold-air inflatables, pennants, streamers, festoons and searchlights except same shall be allowed as governmental and public purpose signs if the Building Commissioner finds that the sign type meets the following criteria:
(1) The sign type is for a special event,
(2) The special event is for a limited time,
(3) The special event is for a limited frequency, and
(4) The sign type, if allowed for a limited time and frequency, will meet the following purposes to wit:
A. The signs will not conceal or obstruct adjacent land uses or signs
B. The signs will not conflict with the principal permitted use of the site or adjoining sites
C. The signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and
D. The signs will be installed and maintained in a safe manner. Consistent with the general standards as defined in Chapter 1284, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The Building Commissioner shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the BZA pursuant to Section 1264.04;
(c) Signs imitating or resembling official traffic or government signs or signals;
(d) Snipe signs attached to trees, fences, telephone poles, public benches or street lights, or placed on any public structure, property or right-of-way;
(e) Signs placed or painted on vehicles or trailers which are parked or located for the primary purpose of displaying such signs;
(f) Billboards, off-premises signs and outdoor advertising signs;
(g) Portable signs that are permanently anchored, affixed or secured to a building;
(h) Roof signs;
(i) Signs of non-durable material, except for signs specifically authorized by this chapter;
(j) Bare strings of light bulbs and similar devices;
(k) Signs projecting over public property or rights-of-way;
(l) Obscene, indecent or immoral matter;
(m) Flashing, animated, rotating or moving signs;
(n) Any sign which is identified by the Building Commissioner as unsafe and a threat to public safety;
(o) Temporary signs of a mobile or movable nature for the purpose of announcing grand openings, special sales, new products, business events or any other use;
(p) Illuminated signs with red or green bulbs which may interfere with the sight lines of a traffic signal;
(q) Any exposed incandescent lamp unless a screen is attached or unless the sign and lamp are placed at least ten feet above the ground;
(r) Pole signs; and
(s) Ground signs in TCD-2 except for multi-tenant shopping center or multi-family residential complexes. The number of permitted ground signs shall be limited to the equal number of public curb cuts.
(Ord. 1988-175. Passed 10-17-88; Ord. 90-147. Passed 9-4-90; Ord. 06-112. Passed 11-8-06; Ord. 07-103. Passed 4-1-08; Ord. 08-164. Passed 7-15-08; Ord. 24-120. Passed 10-1-24.)
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