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§ 155.277 OUTDOOR LIGHTING FOR OUTDOOR ADVERTISING.
   (A)   All lighted outdoor advertising signs/billboards shall meet or exceed the requirements outlined in §§ 155.195 through 155.204.
   (B)   Signs may be illuminated subject to the following restrictions.
      (1)   Signs that contain, include, or are illuminated by any flashing, intermittent (less than six seconds) moving light(s) are prohibited.
      (2)   Electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable message signs which function in the same manner as multi-faced signs are permitted, provided such signs do not interfere with traffic safety, do not change messages less than every six seconds and do not resemble or simulate traffic control or safety devices or signs.
      (3)   Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.
(Ord. passed 2-3-2011, § 2.30.080)
§ 155.278 SIGN MAINTENANCE.
   (A)   Any sign existing on the date of adoption of the ordinance codified herein which does not conform with the provisions of this code, is eligible for characterization as a “legal nonconforming sign” and is permitted to remain except as follows.
      (1)   The sign has been removed, relocated, or destroyed.
      (2)   The sign has been brought into compliance with this chapter.
      (3)   The sign is abandoned.
      (4)   The sign may be repaired if the expense of ordinary and customary maintenance does not exceed 50% of the depreciated value of the sign or if the same has not been damaged beyond 50% of its depreciated value by an act of God unless special circumstances warrant a variance by the Board of Adjustment, such as, but not necessarily limited to acts of vandalism or an accident.
   (B)   (1)   Signs shall be maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of said signs.
      (2)   Signs requiring basic maintenance as deemed by the Planning Official shall be brought into compliance within 30 days upon written notice.
   (C)   (1)   Signs deemed to be unsafe by the Planning Official shall be removed or brought into compliance within 24 hours upon written notice.
      (2)   Prior to the Planning Official deeming a sign unsafe, he or she shall obtain a professional opinion from an engineer licensed in the state stating that, in the best interest of public safety, said sign ought to be removed or otherwise brought into compliance.
(Ord. passed 2-3-2011, § 2.30.090)
§ 155.279 ENFORCEMENT OF SIGN ORDINANCE.
   (A)   In addition to any and all remedies allowed under the laws of the state and this chapter, a violation of any requirement of this chapter shall also be subject to the penalties as outlined in §§ 155.390 through 155.407 and § 155.999.
   (B)   (1)   Whenever it shall be determined by the Zoning Administrator that any sign or sign structure has been constructed or erected or is being maintained in violation of the terms of this chapter or has been abandoned, said sign or sign structure is hereby declared to be unlawful.
      (2)   Any sign or sign structure found to be unlawful shall be made to conform to all applicable laws and regulations or shall be removed at the expense of the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
   (C)   (1)   The Zoning Administrator may cause to be removed any unlawful sign or sign structure. The city shall prepare a written notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation or condition is not corrected within 30 calendar days from the date of the notice, the sign shall be removed in accordance with the provision of this chapter at the expense to the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
      (2)   Service of the notice shall be made upon the sign owner and landowner by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. If service is made upon the landowner, service shall be to the landowner at their address as it appears on the last equalized assessment role of the county.
      (3)   Any person receiving notice may challenge the determination of the Zoning Administrator. The person(s) receiving the initial notice will have 14 days to file a written notice of appeal to the Board of Adjustments. Failure by any person to appeal the notice within that time period shall constitute a waiver of right to an administrative hearing.
      (4)   The sign owner or landowner, if the sign owner is unknown, shall have 90 days to remove advertisements for establishments that are no longer in business.
(Ord. passed 2-3-2011, § 2.30.100)
§ 155.280 PERMITS AND FEES.
   Upon making application for a sign permit, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. passed 2-3-2011, § 2.30.110)
LANDSCAPING AND BUFFERING REQUIREMENTS
§ 155.295 PURPOSE.
   (A)   The purpose of these regulations is to provide for the orderly, safe, healthful, and aesthetic development of the city and to promote the health, safety, and general welfare of the community.
   (B)   The objectives of these regulations are as follows:
      (1)   To aid in regulating and controlling vehicular and pedestrian circulation in parking areas;
      (2)   To enhance the environmental and aesthetic conditions of the community;
      (3)   To protect and enhance the value of property and to provide wildlife habitat; and
      (4)   To reduce heat and noise, wind and air turbulence, and the glare of sunlight and vehicle lights, erosion, and air pollution.
(Ord. passed 2-3-2011, § 2.32.010)
§ 155.296 LANDSCAPING REQUIRED.
   Landscaping conforming to the standards set forth in this section shall be required in the following districts:
   (A)   All residential districts;
   (B)   All commercial districts;
   (C)   All industrial districts; and
   (D)   All planned developments.
(Ord. passed 2-3-2011, § 2.32.020)
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