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The building inspector shall inspect at such times as he deems necessary all signs or other advertising structures regulated by this title for the purpose of ascertaining whether the same is secure or insecure, and whether it is in need of removal or repair. If, after inspection, the building inspector finds that any sign or other advertising structure regulated by this title 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 title, he shall give written notice to the permittee or owner thereof and to the city council. If the permittee or owner fails to commence actions to remove or alter the structure so as to comply with the provisions of this title within ten (10) days after such notice, the city council may order such sign or other advertising structure be removed or altered to comply, by the city and the building inspector, at the expense of the permittee or owner of the property on which it is located. The city shall refuse to issue further permits to any permittee or owner who refuses to pay the cost so assessed. The building inspector may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily and without notice. (Ord. 1147, 2015)
A. The city council may grant a variance to the strict application of the terms, standards and/or criteria found in this title. Such variance shall be reduced to writing and shall outline specifically the provision or provision of this title which is subject to the variance, the precise relief granted (whether it be a complete waiver of the provision(s) or the imposition of a modified requirement) and any conditions which may be attached to the granting (and possible revocation) of such variance. A variance shall only be granted upon a finding, by the council, that:
1. Strict application of the particular provision or provisions in this title create a hardship by reason of unusual lot size, shape or topography, or where a building has been erected in an unconventional manner or location, or where some other unusual physical feature exists; and
2. The variance, if granted, conforms to the spirit of these regulations and that substantial justice will be done; and
3. The variance, if granted, would be the minimum necessary to alleviate the hardship.
B. A notice of a public hearing before the city council shall be given by publication in a legal newspaper having general circulation within the city and by mailing a notice to all owners of property within a three hundred foot (300') radius of the proposed variance. A copy of the published notice may be mailed to the owners of property in lieu of a written notice; however, the notice by publication and written notice shall take place at least ten (10) days prior to the hearing. The notice shall contain:
1. The street address or approximate location of the requested variance.
2. The nature of the variance requested.
3. The date, time and place of the hearing. (Ord. 1147, 2015)
Any person, firm or corporation who violates any of the provisions of this title or fails to comply with any of the requirements of this title, is guilty of an offense and upon conviction is punishable by fines and costs not to exceed the sum of two hundred fifty dollars ($250.00), and each day such violation is permitted to exist constitutes a separate offense. In addition to other remedies, the building inspector, at the direction of the city council, may institute any proper action in the district court in the name of the city to prevent, restrain, correct or abate any violation of this title. (Ord. 1147, 2015)
This section outlines the requirements for accessory signs which utilize electronic digital technology to create a static sign which can have changeable copy or display a variable message and/or feature a graphic display. Such signs may be all or a portion of an allowed ground sign or wall sign, provided that the following conditions are met:
A. Digital signs are only allowed in areas that are zoned as C-4 and C-5.
B. No digital sign shall be located within fifty feet (50') of the driving surface of a signalized intersection, measured in a straight line from the leading edge of the sign structure to the nearest edge of pavement. Such sign may not be located closer than twenty feet (20') from the edge of any other street. Such signs must also comply with the setback provisions of this title, which may result in a greater setback.
C. Digital signs shall only display a static message or messages. There shall be no effects of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images.
D. Digital signs which display more than one static message shall do so sequentially, with each static message having a dwell time of no less than eight (8) seconds and a transition time between static messages of no more than one second. Changes of image shall not be instantaneous as seen by the human eye, and shall not use blinking or similar effects as part of the change.
E. Digital signs shall not display an illuminative brightness exceeding three hundred (300) NITs at any time between one-half (1/2) hour before sunset until sunrise of the next day or five thousand (5,000) NITs between sunrise until one-half (1/2) hour before sunset.
F. Digital signs shall not display an illuminative brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any cyclist or person operating a motor vehicle.
G. Digital signs shall not resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal, or light.
H. All digital signs shall have installed ambient light monitors or photocells, and shall at all times allow such devices to automatically adjust the brightness level of the sign based on ambient light conditions. Each sign shall be equipped with a default mechanism that will automatically freeze the sign in one position or display a static message if a malfunction occurs.
I. If a digital sign is visible from a nearby residential zoning district, it shall be located no closer than two hundred feet (200') from the closest point of that residential zoning district, measured in a straight line from the nearest point of the sign structure to the nearest point of the residential district.
J. The requirements of subsections C, D, E, F, and H of this section shall be certified by an electrical engineer licensed in the state of Oklahoma. (Ord. 1147, 2015)