[Amended 2-17-2003 by Ord. No. 2144]
The Zoning Administrator/Code Enforcement Officer shall administer
and enforce the provisions of this Part 2. This broad responsibility
includes, but is not limited to, the following specific duties:
A.
To supervise the registration of all existing street graphics;
B.
To review and pass upon applications for street graphic permits;
C.
To inspect existing and newly constructed street graphics to determine
compliance with this Part 2, and where there are violations, to initiate
appropriate corrective action;
D.
To review and forward to the Plan Commission all applications for
variances, appeals and amendments;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
To maintain up-to-date records of the applications and of any official
actions taken pursuant thereto;
F.
To periodically review the provisions of this Part 2 to determine
whether revisions are needed, and to make recommendations on these
matters to the City Council at least once each year;
G.
To provide information to the general public on matters related to
this Part 2;
H.
To remove illegal signs from public or private property as is made
and provided for in § 302-2.31 of this Sign Code; and
I.
To perform such other duties as the City Council may from time to
time prescribe.
The owner of every existing sign, billboard or other street graphic for which a sign permit has not been heretofore issued under the former street graphics control ordinance of the City, adopted February 13, 1984, except those listed in § 302-2.17 of this Part 2, shall register the street graphic with the administrator on a prescribed form not later than 90 days after the effective date of the ordinance codified in this Part 2. At the time of registration, the administrator shall inform the owner regarding the provisions of § 302-2.29.
After the effective date of the ordinance codified in this Part 2, no sign, billboard or other street graphic (other than those for which a sign permit has been heretofore issued under the former street graphics control ordinance of the City adopted February 13, 1984, and except those listed in § 302-2.17) shall be erected, expanded, altered, relocated or reconstructed without a street graphic permit issued by the administrator.
A.
Application. Every applicant for a street graphic permit shall submit
to the administrator, in narrative and graphic form, all of the items
of information listed below.
(1)
Items of information:
(a)
Name, address and telephone number of the applicant;
(b)
Name and address of the owner of the premises on which the street graphic is to be erected, if different from Subsection A(1)(a);
(c)
Location of the building, structure or lot where the proposed
street graphic is to be erected, and the zoning district classification
of the premises;
(d)
Description of the proposed street graphic, indicating proposed
location, dimensions, area, overall height, illumination, and method
of support or attachment;
(e)
The nature and location of traffic control devices located within
150 feet of the proposed street graphics;
(f)
Amount of street frontage that the establishment which proposes
to display the street graphic has, and the total area of all existing
signs on the premises; and
(g)
Such other information as the administrator shall reasonably
require to determine full compliance with this Part 2.
(2)
The applicant shall pay to the City Clerk the fee prescribed
in § 302-2.34 when the application for the street graphic
permit is filed with the administrator.
B.
Insurance requirements. The administrator shall not issue a permit
for any street graphic which is so located that it might fall upon
a public right-of-way until the applicant has obtained a liability
insurance policy covering all damages or injuries which might be caused
by such an event. The applicant shall be responsible for keeping the
policy in force, and shall keep on file with the City Clerk proof
of such insurance (including a copy of the insurance policy or policies
providing coverage for the same, to include the currently effective
cover sheet or declaration of coverage sheet pertaining thereto) naming
the City as a co-insured. The policy or policies of insurance shall
provide that same may not be cancelled without 30 days' prior written
notice to the City.
A "nonconforming street graphic" means any sign, billboard or
other street graphic located in the City that does not conform to
one or more provisions of this Part 2, as from time to time amended;
except such sign, billboard or street graphic for which a sign permit
was heretofore issued under the former street graphics control ordinance
of the City adopted February 13, 1984.
A.
Restrictions.
(1)
A nonconforming street graphic that does not pose an imminent
peril to life or property may remain and be maintained by ordinary
repairs until the amortization period has elapsed, but shall not be:
(a)
Altered or enlarged in such a way as to increase its nonconformity;
(b)
Replaced by another nonconforming street graphic (provided that
changing the message on a changeable-copy sign shall not be deemed
a violation of this provision);
(c)
Relocated unless it is made to conform with this Part 2; or
(d)
Reconstructed after incurring damage in an amount exceeding
50% of its market value at the time of loss as determined by the administrator.
(2)
Further, whenever any existing street graphic located in an agricultural district or a residential district in the City is found to be nonconforming because it pertains to a commercial or an industrial use in violation of § 302-2.18, same may be replaced, relocated and/or reconstructed pursuant to Subsection A(1)(b), (c) and (d) of this section if in compliance with the requirements of § 302-2.19; notwithstanding it is located in an agricultural or residential district in the City.
B.
Amortization.
(1)
Any street graphic that is nonconforming on the effective date of the ordinance codified in this Part 2 because it violates one or more sections of this Part 2 shall either be removed or made to comply with this Part 2 within the time limit indicated in the following categories (which are based upon the cost or rental value of the street graphic). In the case of a street graphic owned by the user, the value shall be determined by the original cost of the street graphic. In the case of a leased street graphic, the value of the street graphic shall be determined by multiplying the periodic payment under the lease agreement by the total number of payments remaining due under the lease agreement.
|
Value of Street Graphic
|
Time Limit
|
|---|---|
|
Less than $5,000
|
Within 2 years
|
|
$5,001 to $15,000
|
Within 3 years
|
|
$15,001 to $25,000
|
Within 4 years
|
|
$25,001 to $35,000
|
Within 5 years
|
|
$35,001 to $45,000
|
Within 6 years
|
|
$45,001 or more
|
Within 7 years
|
|
Provided that any street graphic which would be conforming but
for the fact that it is a nonconforming commercial or industrial use
located in an agricultural district or residential district shall
be exempt from amortization.
|
(2)
Any street graphic that becomes nonconforming because of an
amendment to this Part 2 shall either be removed or made to comply
with this Part 2, as amended, within the amortization period provided
in this Part 2, as amended.
Whenever the administrator finds, by inspection or otherwise,
that any street graphic is in violation of this Part 2, the administrator
shall notify the responsible party (and the owner of the property
where the violation exists if the responsible party is other than
the property owner) and shall order appropriate corrective action.
A.
Contents of order. The order to take corrective action shall be in
writing and shall include:
(1)
A description of the premises sufficient for identification;
(2)
A statement indicating the nature of the violation;
(3)
A statement of the remedial action necessary to effect compliance;
(4)
The date by which the violation must be corrected (which may
be the same date as the date of order where the administrator finds
that the street graphic poses an immediate peril to life or property);
(5)
A statement that the alleged violator is entitled to confer
with the administrator if he or she so desires;
(6)
The date by which an appeal of the corrective action order must
be filed, and a statement of the procedure for so filing; and
(7)
A statement that failure to obey a corrective action order shall
result in revocation of the street graphic permit, and may result
in remedial action by the City.
B.
Service of order. A corrective action order shall be deemed properly
served upon the owner of the offending street graphic if it is:
[Added 2-17-2003 by Ord.
No. 2144]
A.
In addition to issuing a citation and proceeding to seek a fine for a violation of any provision of this Part 2, the Zoning Administrator/Code Enforcement Officer is authorized to revoke any street graphic permit in accordance with the procedures established in the preceding § 302-2.30 of this code. Maintenance of a sign is unlawful if it is installed and maintained without first having obtained a sign permit for the sign in accordance with the requirements of § 302-2.17 of this code or upon revocation of a permit issued under and pursuant of this code.
B.
Signs installed on public property without a permit and permission
of the governmental authority who holds and owns the property where
the sign is installed are illegal signs and, notwithstanding anything
contained in this code to the contrary, may be summarily removed by
the Zoning Administrator/Code Enforcement Officer without prior notice
to the sign owner.
C.
Except for illegal signs removed from property under the preceding Subsection B, illegal signs shall be removed by the person who installed and maintains the same or the owner of the property where the sign is installed and maintained. Upon the failure of the responsible person or persons to remove the unlawful sign, the Zoning Administrator/Code Enforcement Officer may cause the sign to be removed.
D.
Notwithstanding the procedures established by § 302-2.30
of this Sign Code, the Zoning Administrator/Code Enforcement Officer
may cause any sign which is an immediate peril to persons or property
to be repaired or removed summarily and without notice, at the expense
of the permittee or the owner of the property on which it is located.
E.
Any expenses incurred by the City for the repair or removal of a
dangerous sign or the removal of an illegal sign, if not paid within
30 days after the City has issued and delivered a statement therefor,
shall be a lien upon the real property on which the sign was located.
Notice of the lien may be filed by the Zoning Administrator/Code Enforcement
Officer in the Office of the Recorder of Deeds of the county where
the property on which the sign was located is situated. The lien may
be foreclosed as in cases of foreclosure of real estate mortgages
or mechanic's liens by the City instituting an action to foreclose
the lien in the Circuit Court of the county where the real estate
is located.
F.
The City shall not be responsible for the condition or storage of
signs removed as provided herein after giving the sign owner and/or
the owner of the property on which the removed sign was located a
twenty-day notice and opportunity to retrieve the sign.
Whenever any violation of this Part 2 occurs, or is alleged
to have occurred, any person may file a written complaint on forms
provided by the administrator. The administrator shall record such
complaint, promptly investigate the same and take such remedial action
as the administrator deems necessary, including issuance of a corrective
action order pertaining to the same.
[Amended 4-20-2015 by Ord. No. 3180]
A.
Any person who is convicted of a violation of this Part 2 shall be
fined not less than $100 nor more than $750. Each day that a violation
continues shall be considered a separate offense.
[Amended 1997 by Ord. No. 1604]
All fees shall be paid to the City Clerk. Said fees are intended
to defray the administrative costs connected with the processing and
administration of the listed permits and procedures; and do not constitute
a tax or other revenue-raising device. The fees to be paid shall be
in the amount and for the term to be set by City ordinance from time
to time.[1]
