(a) A nonconforming sign may be continued and shall be maintained in good condition as described elsewhere in this section, except that a nonconforming sign shall not be structurally altered or repaired so as to prolong its life or as to change its shape, size, type, or design unless such change shall make the sign conforming; nor shall a non-conforming sign be replaced by another non-conforming sign.
(b) Notwithstanding anything else in this chapter, any sign structure that is without a sign for more than ninety (90) days must be removed.
(c) Loss of Legal Nonconforming Status.
(1) A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
A. The sign is altered in any way in structure or copy, except for changeable copy signs and normal maintenance, which alteration tends to or makes the sign less in compliance with this chapter than it was before the alteration.
B. The sign is relocated, moved, or adjusted to a position making it less in compliance with the requirements in this chapter, e.g. within the required setback or the clear vision zone area.
(2) Upon the loss of legal nonconforming status, the sign shall be brought in conformance with the standards of this chapter within ninety (90) days.
(d) Pole/Pylon Sign Conversion. Existing nonconforming pole/pylon signs that are converted into ground-mounted/monument signs are permitted a size bonus of twenty (20) percent of the total maximum allowable area of the sign, no greater than seventy-two (72)-square feet of maximum allowable area.
(e) Maintenance and Repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or the owner of the property on which the legal non-conforming sign is located from the provisions of this chapter regarding safety, maintenance and repair of signs. However, no repainting, cleaning or other normal maintenance or repair of the sign or sign structure shall modify the sign structure or copy in any way which makes it more nonconforming. In such a case, the sign may lose its legal non-conforming status.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)
1292.16 REMOVAL AND DISPOSITION OF SIGNS.
(a) Maintenance and Repair of Signs. All signs and all components thereof, including, without limitation, supports, braces, and anchors, shall be kept in a state of good repair. With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment. If the Code Enforcement Officer determines that any sign is unsafe or insecure, or is a menace to the public, he or she shall give written notice to the owner, agent, or person having the beneficial interest in the building or the premises on which such sign is located shall be a violation of this chapter.
(b) Abandoned Signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three (3) months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned and in violation of this chapter. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more.
(c) Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dangerous or defective condition. Any such sign shall be a violation of this chapter.
(d) Street Improvement Projects. Any sign projecting over a public right-of-way on the effective date of this chapter, which sign was subject to removal or relocation at the owner's expense pursuant to a permit or other ordinance of the City, shall be removed by the owner or altered at the owner's expense to comply with this chapter if, as the result of or after completion of a street improvement project, such sign does not or would not comply with this chapter.
(e) Signs Placed within the City Right-of-Way. All signs in the City of Davison are subject to Section 1292.03
of this Zoning Code, which states that no person shall erect, alter, relocate, enlarge, or convert any sign in the City without first obtaining a sign permit. Furthermore, failure to obtain a sign permit is subject to Section 1262.99
of this Zoning Code which states that the City may take additional lawful action that is necessary to prevent or remedy any violation of this Zoning Code.
(f) Enforcement. The Code Enforcement Officer or their designee shall be tasked with enforcement of this chapter and any violation deemed by the Code Enforcement Officer or their designee shall be considered a nuisance per se and a municipal civil infraction subject to Section 1262.99.
(g) Disposal of Signs; Fees.
(1) Any sign removed by the Code Enforcement Officer or their designee pursuant to this division (g) of this section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
(2) All costs incurred by the City in removing signs not in accordance with this chapter shall become a lien on the property on which said sign is erected and may be collected from those responsible for said sign or equity by foreclosure and sale of the land upon which the sign was erected or may be assessed to the property the sign was erected and collected as a property tax.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2010-08. Passed 3-8-10; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)