APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE NINETEEN – SIGN REQUIREMENTS

A.    The purpose of these sign regulations are:

(1)   Encourage the effective use of signs as a means of communication in the City;

(2)   To maintain and enhance the aesthetic environment and the City’s ability to attract sources of economic development and growth;

(3)   To improve pedestrian and traffic safety;

(4)   To minimize the possible adverse effect of signs on nearby public and private property; and

(5)   To enable the fair and consistent enforcement of these sign restrictions

A.    To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this Article.

B.    The intent of this Article is to authorize the use of street signs which are:

(1)   Compatible with their surroundings;

(2)   Appropriate to the activity that displays them;

(3)   Expressive of the identity of individual activities and the community as a whole; and

(4)   Legible in the circumstances in which they are seen.

C.    The provisions of this Article govern the size, placement, use and structural quality of outdoor signs and other advertising and identification devices together with their appurtenant and auxiliary apparatus.

D.    The provisions of this Article provide for temporary signs without commercial messages in limited circumstances in the public right-of-way.

E.    The provisions of this Article prohibit all signs not expressly permitted by this ordinance.

F.    The provisions of this Article provide for the enforcement of the provisions of this Article.

A.    No person shall erect or display a street sign unless the Planning Director has approved and the Building Inspector issued a permit for the street sign or unless this section exempts the street sign from the permit requirement.

B.    The issuance of the Sign Permit, as required by these regulations, shall not act in lieu of any other permits or fees required by the electrical code or building code or any other governmental rules or regulations adopted by the City or any other governmental entity and made applicable to the sign and its placement.

C.    A person proposing to erect or display a street sign shall file an application for a Sign (Master Sign Permit) permit with the Planning Department.  The Master Sign Plan references the following items:

(1)   Information to be completed on the application:

(a)   The name, street address, and telephone number of both the applicant and the person erecting, constructing, reconstructing, relocating, re-facing, structurally or otherwise altering the sign;

(b)   The legal description of the lot or tract and the street address of the building or structure where the sign is to be located; and

(c)   If the applicant is not the owner, written consent is required of the owner(s) of the lot or tract, building or structure on which the sign is to be erected.

(2)   Additional information that shall be required:

(a)   An accurate plot plan of the zone lot, at a scale the Planning Director may reasonably require.

(b)   Location of buildings, parking lots, driveways, and landscaped areas on such zone lot.

(c)   Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this Article.

(3)   Additional information that may be required:

(a)   Information concerning the location, height, and size of the street sign and the date on which it is to be erected or displayed;

(b)   If the application is for a wall or roof sign, a drawing to scale showing the location of the sign within the signable area of the building and the percentage of the signable area covered by the wall or roof sign;

(c)   Specifications for the construction of the street sign and for its illumination and mechanical movement, if any is to be provided;

D.    The Building Inspector shall issue a permit for the street sign if:

(1)   If the Planning Director has authorized that the Master Sign Plan complies with the regulations for street signs contained in this Article, or

(2)   The Board of Zoning Appeals has authorized a variance as stated in Article 18-2309.

E.    After approval of a Master Sign Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan and such plan may be enforced in the same way as any provision of this ordinance.  In case of any conflict between the provisions of such a plan and any other provision of this ordinance, the ordinance shall control.

F.    A Master Signage Plan shall be included in any site plan or other official plan required by the City for the proposed development and shall be processed simultaneously with such other plan.

G.    A Master Signage Plan may be amended by filing a new Master Signage Plan that conforms with all requirements of the Zoning Regulation then in effect.

Before being granted a permit for a sign, every applicant shall pay to the City of Wellsville a permit fee as established in Article 22.

A.    Functional Types

(1)   Advertising Sign (Billboards): A sign which directs the attention of the public to any goods, merchandise, property, business, service, entertainment or amusement conducted or produced which is bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.

(2)   Bulletin Board Sign: A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name or names or persons connected with it, and announcement of persons, events or activities occurring at the institution.  Such sign may also present a greeting or similar message.

(3)   Business Sign: A sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

(4)   Construction Sign: A temporary sign indicating the names of the architects, engineers, landscape architects, contractors and similar artisans involved in the design and construction of a structure, complex or project only during the construction period and only on the premises on which the construction is taking place.

(5)   Identification Sign: A sign giving the name and address of a structure, business, development or establishment.  Such signs may be wholly or partly devoted to a readily recognized symbol.

(6)   Name Plate Sign: A sign giving the name and / or address of the owner or occupant of a structure or premises on which it is located and, where applicable, a professional status.

(7)   Portable Display Sign: Any moveable displays structure, capable of relocation, under its own power, or towed by a motor vehicle.  The display message of the sign may be painted or non-painted and capable of being readily altered.  Portable display signs may be with or without electrical illumination and power, and with or without wheels.

(8)   Real Estate Sign: A temporary sign pertaining to the sale or lease of a lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof on which the sign is located.

B.    Structural Types

(1)   Awning, Canopy or Marquee Sign: A sign that is mounted on, painted on, or attached to, an awning, canopy or marquee.  No such signs shall project above, below or beyond the awning, canopy or marquee.

(2)   Ground Sign: Any sign placed upon, or supported by, the ground independent of the principal structure on the property, where the bottom edge of the sign is less than 6 feet above the ground, and the base is no less than 50 percent of the width of the face of the sign, presenting a monolithic structure. The following requirements shall be met as shown in diagram below:

      The maximum height is 10 feet.

      If the base of sign is 5 feet or less in height no planter shall be required.

(3)   Monument Sign: Any sign whose base is greater in width than the face of the sign, and whose height is no greater than 6 feet.  The following requirements shall be met as shown in diagram below:

      X =  110% of the width of the sign face

      Y =  10% of the width of the sign face.

      Maximum height shall be 6 feet.

(4)   Elevated Sign: Any sign placed upon, or supported by, the ground independent of the principal structure of the property where the bottom edge of the sign is 10 feet or more above the ground level.  The following requirements shall be met as shown in diagram below:

      X= ½ of the sign face

      Y = ¼ of width of base

      Z = 20 feet above the base elevation of the I35 and 33 HWY interchange or if not in that area the maximum is 25 feet.

      Bottom of sign base to be minimum of 12 feet from ground elevation

      Maximum height shall be 25 feet

(5)   Pole Sign:  A free-standing sign, usually double-faced, mounted on a round pole, square tube or other fabricated member without any type of secondary support.

(6)   Political Election Sign: Any sign relating to a candidate, political party, ballot issue, or other issue to be voted upon in any public election.  Placement shall be behind sidewalk / property line.

(7)   Projecting Sign: A sign that is wholly or partly dependent upon a structure for support and which projects more than 12 inches from such structure.

(8)   Wall Sign: A sign fastened to or painted on a wall of a structure in such a manner that the wall becomes merely the supporting structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than 12 inches from such structure.

(9)   Flush-Mounted Logo Roof Sign: A sign totally supported on the roof of a structure, which displays the logo of the tenant of such structure.  Flush-mounted logo roof signs shall be mounted parallel to and flush with the roof’s surface.  In no case shall a flush-mounted logo roof sign project above the highest point of the roof (compare to ‘elevated / projecting roof sign’).

(10) Elevated / Projecting Roof Sign: A sign totally supported on the roof of a structure, not including flush-mounted logo roof signs.  Elevated / projecting roof signs shall not project more than 12 inches beyond the face of the structure.  In no case shall an elevated / projecting roof sign project more than 10 feet beyond the highest point of the portion of the roof on which the sign is located (compare to ‘flush-mounted logo roof sign’).

(11) Window Sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is place inside a window or upon window panes or glass and is visible from the exterior of the window.

A.    Gross Area of Sign

(1)   Gross area shall include the entire area within a single continuous perimeter enclosing the extreme limits of the sign; exclusive of the base on which it is mounted or from which it is suspended. 

(2)   If more than one side of a sign is utilized as a sign, then only the largest side shall be computed and shall be counted as a portion of the gross area. 

(3)   On lots where more than one sign is located, the total gross area of all the signs shall not exceed the maximum gross area for one sign permitted by this regulation.

(4)   For computing the gross area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters.

B.    Sign Height

Sign height shall be measured from the ground elevation at the base of the sign to the highest element of the sign.

C.    Illuminated Signs

(a) sign designed to give forth-artificial light or designed to reflect light derived from any source.

D.    Flashing or Moving Signs

(1)   Any illuminated sign on which the artificial light is not constant in intensity and color at all times. 

(a)   No flashing signs shall be permitted.

(b)   A sign which displays the current time and/or temperature by use of intermittent lighting shall not be deemed a flashing sign if the lighting changes are limited to text indicating time, temperature or other public messages.  Such sign shall not in any case exceed 32 square feet in area.

(c)   No sign shall have moving parts or blinking, moving or glaring illuminations.

(2)   Any sign that is revolving, rotating, moving, animated, has moving lights or creates the illusion of movement shall be considered a flashing sign.

E.    Accessway or Window

No sign shall block any required accessway or window.

F.    Signs on Trees or Utility Poles

(1)   No sign shall be attached to any utility pole or tree or be painted upon or otherwise directly affixed to any rock, ledge or other natural feature.

G.    Traffic Safety

(1)   No sign shall be erected at any location where, by reason of position, shape, wording or color, it interferes with or obstructs the view of pedestrian or vehicular traffic.

(2)   No sign shall be erected which may be confused with any authorized traffic sign, signal or device.

(3)   Any sign located within 3 feet of a driveway or within a parking area shall not be located between 3 and 10 feet elevation above the curb level;

(4)   No sign shall be placed so as to project over any public right-of-way, except in the Central Business District, where signs may project over a sidewalk.

(5)   Under no circumstance shall any sign be placed in the sight triangle as defined by this regulation.

H.    Lineal Street Frontage

(1)   In those districts where gross sign area is allocated based on lineal street frontage and the tract or parcel is adjacent to more than one street, the lineal street frontage shall be computed as follows:

(a)   For those tracts or parcels located on major streets as designated as collector streets, the lineal street frontage shall be the distance that property line abutting the major street.

(b)   For those tracts or parcels not located on a major street, the lineal street frontage shall be ½ the sum of all the street frontages.

I.     Landscaping

(1)   Ground signs, monument signs and elevated signs shall be landscaped.  The landscaping shall extend no less than 3 feet from the base of the sign, and in the case of ground signs and monument signs, shall be incorporated within a decorative planter as shown in diagrams depicted in this Article.

J.     Sign Pattern

(1)   Sign patterns should employ a consistent sign pattern.

(2)   An example is given in Figure A.

K.    Sign Scale and Character

(1)   Signs shall be in scale and character of structure sign is placed on and the surrounding area.

(2)   An example is given in Figure B.

L.    Any non-commercial message may be placed upon a permitted sign.

Figure A

Figure B

A.    Existing Sign Maintenance

(1)   All signs shall be designed, constructed, and maintained in compliance with applicable provisions of the Building code and the Electrical Code of the City. 

(2)   Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this regulation, all signs shall be constructed of permanent materials and shall be permanently attached to the ground or another structure by direct attachment to a rigid wall, frame, or structure.

B.    Removal of Unsafe or Illegal Signs

(1)   If the Building Inspector finds that any sign or other advertising structure regulated herein 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 provision of this regulation, the Building Inspector shall give written notice to the permittee thereof.

(2)   If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply with this regulation at the expense of the permittee or owner of the property upon which it is located.

(3)   The Building Inspector shall refuse to approve a permit to any permittee or owner who refuses to pay costs so assessed.

(4)   The Building Inspector may remove, without notice, any sign or other advertising structure that is an immediate peril to persons or property.

C.    Sign Maintenance Enforcement

(1)   Maintenance of signs is defined as:

(a)   Keeping sign structures in a safe condition, free of rust, replacement of  broken glass or plastic,

(b)   Continue electrical lights and other electrical operation in operable condition,

(c)   Maintaining letters and other sign components in the equivalent condition on the sign permit or as approved.

(2)   All signs within the city shall be maintained in a safe condition and in such a manner that they shall not become a visual detriment to the community at large.

(3)   The Building Inspector shall be charged with the responsibility and authority to inspect all signs within the City and direct the maintenance of said signs.

D.    Painted Sign Maintenance

(1)   The owner of any sign as defined and regulated by this regulation shall be required to have properly painted all parts and supports of the sign, unless the same are galvanized or otherwise treated to prevent rust.

A.    In the case of a proposed office park, shopping center, or other grouping of 3 or more tenants or establishments (new or remodeled and 1 ore more buildings that has been planned as an integrated unit or cluster of units on property under unified control or ownership), the developer shall prepare and submit to the Planning Commission, a master signage plan for all permanent exterior signs.

B.    Such plan shall set standards, which shall run with all leases or sales of portions of the development.  A full and accurate description of all signs shall be included indicating location, placement, materials, graphic design styles, type of illumination, etc.

C.    The Final Development Plans shall not be approved until the Planning Commission has approved the sign standards.

D.    For the purpose of this section the terms “shopping center, office park) shall mean a project of one or more building that has been planned as an integrated unit or cluster of units on property under unified control of ownership.

E.    The sale, subdivision, or other partition of the site does not exempt the project or portions thereof from complying with these regulations.

F.    The Planning Commission under the advisement of the Planning Director may grant additional signs as determined by each individual site.

A.    The following table illustrates functional and structural signs allowed in each District.

B.    Single-Family Residential (R-1), Duplex Residential (R-2), Multiple-Family Residential (R-3).

(1)   Number of Signs Permitted

(a)   One sign per zoning lot

(2)   Maximum Gross Area

(a)   Business signs – residential occupancies: 4 sq. ft.

(b)   Bulletin board and identification signs: 50 sq. ft.

(c)   Construction signs: 20 sq. ft.

(d)   Name plate signs: 4 sq. ft.

(e)   Real estate signs: 9 sq. ft., provided that one sign not more than 100 sq. ft. in area announcing the sale of lots and / or houses in a subdivision may be located on said development.  Said sign shall be removed at the end of 3 years or when 75% of the lots have been sold, whichever occurs sooner.

(3)   Maximum Height

(a)   15 feet

(4)   Required Setback

(a)   No sign shall be placed closer to the front property line than ½ the distance of the front yard, except that real estate signs shall be exempt from setback requirements.

(b)   Real estate signs shall be exempt from setback requirements.

(5)   Illumination

(a)   Bulletin board signs may be indirectly illuminated with incandescent or fluorescent lighting.

C.    Neighborhood Retail Districts (C-1), General Commercial (C-2), Mixed Residential & Commercial Districts (MRC),

(1)   Number of Signs Permitted

(a)   Awning, canopy or marquee signs – No limitation

(b)   Wall signs – No limitation

(c)   Ground signs – 1 per zoning lot

(d)   Monument signs – 1 per zoning lot

(e)   Projecting signs – 1 per zoning lot

(f)   Elevated signs – 1 per zoning lot

(g)   Pole Signs– See Section 18.1908.C.7

(2)   Maximum Gross Area

(a)   4 sq. ft for each lineal foot of street frontage, provided no single sign will exceed a gross area of 100 sq. ft.

(b)   Provided further, no elevated signs shall exceed 250 sq. ft. in gross surface area.

(3)   Maximum Height

(a)   All signs 10 feet

(b)   Exceptions are as follows:

      Wall and projecting signs may extend to the roof eave line.

      Monument signs 6 feet.

      Elevated signs may not exceed the height as provided for elevation signs.

(4)   Required Setback

(a)   Ten feet from all property lines.

(b)   Exception:

      Projecting signs must clear sidewalks by at least 8 feet in height and may project no more than 4 feet from a building or 1/3 the width of the sidewalk, whichever is less.  Additionally, it shall not extend vertically above the windowsill of a second story.

(5)   Illumination

(a)   Illuminated signs shall be permitted.

(6)   Elevated Signs

(a)   One elevated sign shall be permitted on the premises of any business located on a platted lot which is no more than 100 feet from the intersection of the I-35 Highway right-of-way and the perpendicular local street.

(b)   The height of the elevated sign shall be no greater than 20 feet above the highest elevation of the finished grade of the highway interchange.

(c)   The gross surface area of the face of the sign shall not exceed 250 sq. ft.

(7)   Pole Signs

(a)   The Planning Commission may allow a pole sign, subject to the conditions of this section, in conjunction with a site plan approval or upon specific application for such.

(b)   One Pole Sign  may be permitted on the premises of any business within the C-2, M-1, or M-2 zoning districts located no more than 500 feet from that portion of Kansas Highway 33 lying north of I-35 and south of the BNSF Railroad right-of-way.

(c)   The height of the pole sign shall be no greater than 100 feet above the highest elevation of the finished grade of the lot or parcel.

(d)   The gross surface area of the face of the sign shall include all sign faces on one side of a single, double or V-faced sign, and shall be limited to:

      850 square feet for signs above 75 feet in height, and

      600 square feet for signs between 50 feet and 75 feet in height, and

      400 square feet for signs below 50 feet in height.

(e)   Each parcel or lot is limited to having one pole sign. In the event that a single business venture occupies more than one parcel or lot, that business is limited to one pole sign.

(f)   Each lot is limited to having one pole sign and the lot must contain at least one principal use. This pole sign allowance is in addition to all other signs allowed on the lot.

(g)   Color and type of materials:  Loud, fluorescent or unusual colors or flashy materials should be avoided.

(h)   Setbacks & Location:

      Pole signs should generally observe a minimum setback of 10 feet from front and rear property lines.

      No sign shall be allowed within a public utility, or drainage easement or, public right-of-way;

      The side yard setback for a pole sign generally should equal the height of the sign.

D.    Light Industrial (I-1), Heavy Industrial (I-2), Industrial Park (I-3)

(1)   Number of Signs Permitted

(a)   Awning, canopy or marquee signs – No limitation

(b)   Wall signs – No limitation

(c)   Ground signs – 1 per zoning lot

(d)   Monument signs – 1 per zoning lot

(e)   Projecting signs – 1 per zoning lot

(f)   Elevated signs – 1 per zoning lot

(g)   Pole Signs– See Section 18.1908.C.7

(2)   Maximum Gross Area

(a)   4 sq. ft. for each lineal foot of street frontage, provided no single sign shall exceed a gross surface area of 200 sq. ft. and no single flush-mounted logo roof sign exceeds a gross surface area of 100 sq. ft.

(3)   Maximum Height

(a)   All signs 10 feet

(b)   Exceptions are as follows:

      Wall and projecting signs may extend to the roof eave line.

      Monument signs 6 feet.

      Elevated signs may not exceed the height as provided for elevation signs.

(4)   Required Setback

(a)   Ground signs shall maintain a 10 feet setback

(b)   All other signs no setback required.

(5)   Illumination

(a)   Illuminated signs shall be permitted.

A.    The following street signs are prohibited:

(1)   Signs which by color, location, or design resemble or conflict with traffic control signs or signals;

(2)   Street signs attached to light poles or standards;

(3)   Portable street signs (with or without wheels);

(4)   Obscene, indecent or immoral advertisement;

(5)   Billboards in residential districts;

(6)   Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed shall not be used as a sign structure for any signs permitted in this Article; and

(7)   Signs on public property.

B.    Any sign installed or placed on public property, except in conformance with the requirements, shall be forfeited to the public and subject to confiscation, except that logo signs on public athletic fields shall be allowed.  In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

A.    The following signs shall be exempt from the requirements of this article, except for the provisions of Article 18-1905.A through 18-1905.H

(1)   Flags or emblems of a government or of a political, civic, philanthropic, educational or religious organization displayed on private property.

(2)   Signs of a duly constituted governmental body, including traffic or similar regulatory signs, legal notices, warnings at railroad crossigns and other instructional or regulatory signs having to do with health, safety, parking, swimming, dumping, etc.

(3)   Memorial signs and tables displayed on public or private property.

(4)   Small signs, not exceeding 3 sq. ft. in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, and other similar signs; except that such signs shall not display logos or other business advertisements.

(5)   Scoreboards in athletic stadiums or fields.

(6)   ‘Political Election Signs’

(a)   Shall not exceed a total of 20 sq. ft. in area on a lot of record zoned for non-residential purposes, or which is vacant and unplatted, regardless of the zoning district classification; and not exceeding a total of 10 sq. ft. on a lot of record in a residential zone district

(b)   Political election signs may be erected or displayed six (6) weeks prior to the date of election and shall be removed within seven (7) days after the date of the election

(c)   Political election signs shall not be placed on or otherwise affixed to any public structure or sign, right-of-way, sidewalk, utility pole, street lamp post, tree or other vegetative matter, or any public park or other public property.

(d)   The City recognizes that the expression of political speech is an important and constitutionally protected right; that political election signs have certain characteristics that distinguishes them from many other types of signs permitted and regulated by the City, including the fact that these signs generally do not meet the regular structural design of permanent signs, given their temporary nature; that political election signs therefore present a potential hazard to persons and property; and that the City must impose reasonable time limits on the display of political election signs for these reasons.

(7)   Temporary signs for the sale of household goods at a residence (Garage sales or auctions) for a period not to exceed 5 days.

A.    The following signs are exempt form the sign permit section of this article, but shall comply with all of the other regulations imposed by this article:

B.    Nameplate signs not exceeding 2-sq. ft. in gross area accessory to a single-family or two-family dwelling.

C.    Bulletin board signs not exceeding 100 sq. ft. in gross area accessory to a church, school or public or nonprofit institution.

D.    Business signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises.

E.    Real estate signs not exceeding 9-sq. ft. in area.

F.    Construction signs not exceeding 9-sq. ft. in area.

G.    Window signs not exceeding 25% of the window surface.

A.    A nonconforming sign shall be defined as a sign existing at the effective date of this regulation that could not be built under the terms of this regulation or under the terms of other City regulations.

B.    A nonconforming street sign must comply with this ordinance if:

(1)   It is damaged or destroyed and the cost of reconstruction or repair is 50 percent or more of its depreciated value at the time it is damaged or destroyed; or

(2)   It has not been used for a period of 6 months or longer; or

(3)   It is substantially modified

(4)   The nature of the business conducted on the premises changes and the sign is changed or modified either in shape, size, or legend;

(5)   The name of the business changes and the sign is changed or modified either in shape, size, or legend; or

(6)   It is relocated on the same or different premises.

C.    Alterations shall not occur with a permit being issued by the City.  The fee shall be waived for nonconforming signs if it does not substantially alter the basic design or concept of the sign.

A.    Should any nonconforming sing be damaged by any means to an extent of more than 50 percent of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Article.

B.    Removal of  On-Site Nonconforming Signs

(1)   All on-site nonconforming signs not otherwise prohibited by the provision of these regulations shall be moved or shall be altered to conform to the provisions of this regulation when:

(a)   The nature of the business conducted on the premise changes and the sign is changed or modified either in shape, size, or legend.

(b)   The name of the business changes and the sign is changed or modified either in shape, size or legend.

C.    Removal of Signs under Destruction of Principal Structure

(1)   When a principal structure is destroyed or removed due to natural or man-made circumstances, all signs on the property shall be removed within 90 days, unless a building permit has been issued with said time period to replace the structure.

D.    Amortization and Removal of Off-site Nonconforming Signs

(1)   All off-site nonconforming signs in the public right-of-way prohibited by the provisions of these regulations shall be removed on or before January 1, 2003.

A.    If the Building Inspector or such persons designate shall find that any sign subject to these regulation is unsafe or insecure; is a possible danger to the public health, safety, or welfare due to structural defects; has been allowed to deteriorate to such condition that it is unsightly; has been constructed or erected or is being maintained in violation of the provisions of these regulations, then written notice shall be given to the owner of the premises or, if different than the owner, the occupant(s) of the premises on which the sign is located, specifying the problem. 

B.    If such person fails to remove or alter the sign to comply with the provisions of these regulations within 20 days of such notice, the Planning Director may take such action as may be necessary to cause such sign to be removed or altered to comply with the regulations, which shall be at the expense of the applicant or owner(s) of the property on which the sign is located.  If a sign is an immediate hazard to the public health, safety, or welfare, in the opinion of the Building Inspector or Planning Director, either person may cause it to be removed immediately and without notice.

A.    The Planning Director shall administer and the Building Inspector shall enforce this Article.

B.    The Building Inspector shall make such inspections as are necessary to ensure compliance with this ordinance and shall investigate any complaints of violations of this Article.

C.    If the Building Inspector determines that a violation of this ordinance has occurred he or she shall serve written notice of the violation on the violator.  The notice shall state the nature of the violation, the remedy required to remove the violation, the time by which the violation must be remedied, and a statement advising that action may be taken to remedy the violation if it is not remedied within the time specified.

D.    If a violation specified in a written notice is not remedied by the time specified in the notice, the Building Inspector shall use all available means to remedy the violation and may request the City Attorney to bring civil action to remedy the violation.

A.    The invalidation of any section, subsection, clause, or phrase of this ordinance by any court of competent jurisdiction shall not affect the validity of the remaining portions of this ordinance.

B.    Signs installed on public property may be subject to being confiscated by the City or the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.