It is reasonable that special conditions be placed upon the continuance of existing non-conforming signs. This special non-conforming program permits the current owner to continue using the non-conforming sign while at the same time assuring that the district in which the non-conforming sign exists will eventually comply:
(A) Continuance of non-conforming signs.
(1) A non-conforming sign is any sign which was lawfully erected and maintained prior to such time as it came within the purview of this section and any amendments hereto, and which fails to conform to all applicable regulations and restrictions contained in this section.
(2) Subject to the termination provisions of this section, any non-conforming sign may be continued in operation and maintained after the effective date of this subchapter provided, however, that no such sign shall be changed in any manner; and, provided further, that the burden of establishing a sign to be non-conforming under this section rests entirely upon the person or persons, firm or corporation claiming a non-conforming status for a sign.
(B) Termination of non-conforming signs.
(1) By abandonment. Abandonment or cessation for a period of 90 days or the change of the principal use to which the non-conforming sign is accessory shall terminate immediately the right to maintain such sign.
(2) By violation of the subchapter. Any violation of the provisions of this section shall terminate immediately the right to maintain a non-conforming sign.
(3) By destruction, damage, or obsolescence. The right to maintain any non-conforming sign shall terminate whenever the sign:
(a) Is damaged or destroyed, from any cause whatsoever, to the extent that its repair or replacement cost exceeds 50% of its replacement cost as of the date it became non-conforming; or
(b) Becomes a hazard or a danger to the safety or welfare of the general public.
(4) By new ownership or change in tenant or use. Transfer of ownership or change in the use or tenant shall terminate immediately the right to maintain a non-conforming sign. The new owner has 180 days from close of sale within which to bring the non-conforming sign into compliance.
(5) By new development on the zoning lot. Where new construction occurs on a zoning lot, any non-conforming sign which may exist on said lot shall be removed or modified as necessary to conform to the requirements of this section. This shall occur before permits are issued for site development and building construction on the premises.
(6) By redevelopment. Non-conforming signs which are moved or affected by the redevelopment of a property; facade improvement program; or roadway widening shall not be reinstalled but shall instead be brought into conformance with all elements of this code.
(C) Notification to remove.
(1) If the village finds that any sign is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, the village shall issue written notice of such condition or violation to the person to whom the permit for said sign has been issued.
(2) All notices issued by the village shall describe the sign and its location and shall specify the manner in which the sign is in violation of the ordinance(s) of the Village of Rochester. All notices issued by the village shall be sent by certified mail and regular mail to the current owner. Any time period provided for in this section shall be deemed to commence on the postmark on the notice of violation of the certified mail.
(3) If the party to whom such notice is issued fails to remove or alter the sign so as to comply with the provisions of this section, within 15 days of the postmark on the notice of violation of the certified mail, the village may remove or alter the sign at the expense of the owner.
(4) The cost of removing the sign may be recovered by the Village of Rochester through any appropriate legal proceeding or by assessment against the property. The cost of removal shall be deemed to include any and all incidental expenses, as well as all direct and indirect costs, incurred by the village in connection with removal of the sign.
(5) The village may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
(6) The village shall not issue any sign permit to any person who refuses to pay costs or expenses incurred by the village in removing or altering any sign for which they have previously obtained a permit, regardless of whether legal proceedings have been initiated for the purpose of recovering such costs.
(Ord. 20-19, passed 10-13-2020)