The intent of this article is to regulate the location, size, construction, design and architectural compatibility with the surrounding areas and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety and welfare. While this article recognizes that signs and outdoor advertising are necessary to satisfy the needs of sign uses for adequate identification and communication, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of business and residential areas of the City, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists and other impacts that are contrary to the purpose and intent in the section. To achieve its intended purpose, this article has the following objectives:

   (a)   The following municipal interests are considered by the City to be compelling government interests. Each interest is intended to be achieved under this section that represents the least restrictive means of accomplishing the stated interest, and in all events is intended to promote an important government interest that would not be effectively achieved absent the regulations in this section. Regulating the location, size, construction, and manner of display of signage in the most narrowly tailored manner represents the least restrictive means of addressing the targeted government interests of avoiding unsafe and nuisance-like conditions while maintaining and improving pedestrian and vehicular safety and efficiency; character and quality of life; economic development and property values; property identification for emergency response and wayfinding purposes; and unique character of areas of the City.

      (1)   Public Safety. Maintaining pedestrian and vehicular safety are predominant and compelling government interests throughout the City, with particular emphasis on the safety of pedestrians. The sidewalk network provides facilities for pedestrians situated between vehicular roads and private properties throughout the City. The City encourages signage that will inform motorists and pedestrians of their desired destinations without conflicting with other structures and improvements. These interests are legitimately supported by limiting the maximum size of signage, providing setbacks, and specifying minimum-sized characters for efficient perception by motorists and pedestrians, while minimizing distractions that could put pedestrians at risk.

         Since most signage on the private properties is intended and designed to attract the attention of operators of motor vehicles, thereby creating distractions that can jeopardize traffic and pedestrian safety, this section is intended to regulate signs so as to reduce such distractions and, in turn, reduce the risk of crashes, property damage, injuries, and fatalities, particularly considering the rate of speed at which the vehicles are traveling in the districts identified in this section.

         This section is also intended to protect public safety by requiring signs that are poorly maintained and/or structurally unsafe to be repaired or removed to protect against fallen signs or deteriorating sign debris from entering improved roadways, sidewalks and safety paths and causing dangerous conditions for vehicular traffic and pedestrians.

      (2)   Character and Quality of Life. Achieving and maintaining attractive, orderly, and desirable places to conduct business, celebrate civic events, entertain people, and provide for housing opportunities is directly related to the stability of property values needed to provide and finance quality public services and facilities within the City. This section intends to allow signs that are of sufficient, but not excessive, size to perform their intended function as necessary to provide and maintain the City's character and support neighborhood stability. Signs that contribute to the visual clutter, contribute to the potential conflict between vehicular and pedestrian traffic, and distract from scenic resources and views, will be prohibited in efforts to preserve the character, aesthetic qualities and unique experience within the City. It is also the intent of this section that signs will reflect the character of unique districts as may be established by the City's Master Plan, other adopted plans, or this section and other parts of the zoning ordinance.

      (3)   Economic Development and Property Values. The establishment of the restrictions in this section has a direct relationship to creating stability and predictability, allowing each private interest to secure reasonable exposure of signage, and thus promoting business success. The application of the restrictions in this section allows businesses to reasonably command attention to the content and substance of their messages while concurrently allowing the promotion of other visual assets, including (without limitation) landscaping and architecture, all of which contribute to economic development and property value enhancement.

      (4)   Avoidance of Nuisance-Like Conditions. Due to the concentration of people and activities, there is a potential for blight, physical clutter, and visual clutter in the City. The result of these conditions leads to diminished property values, reduced attractiveness of the community, and reduced quality of life within the districts. Minimum regulations that substantially relate to signage are important and necessary for the maintenance and well-being of positive conditions, good character and quality of life in the City. These regulations are compelling and important for the protection of public health, safety, and welfare.

         A.   An excessive number of signs in one location creates visual blight and clutter, as well as confusion of the public. Thus, limiting the number of signs on properties, establishing setbacks from property lines, and requiring reasonable spacing between signs are compelling interests that can be directed with minimum regulation.

         B.   Signs that are too large can lead to confusion, undermine the purposes of the signs, and ultimately lead to physical and visual clutter. Establishing maximum sizes can be the subject of clear and effective regulations that address this compelling and important interest.

         C.   Requiring maintenance specifications for signs can minimize the creation of blight and clutter due to the deterioration of signs that are not durable or otherwise well-constructed, and such regulations would be consistent with construction codes for other structures.

         D.   There is a compelling governmental interest that signs avoid glare, light trespass, safety, and skyglow. The selection of proper fixture type(s) and location, use of supportive lighting technology, and control of light levels in a reasonable fashion is consistent with regulations that are narrowly tailored to achieve the City's interests.

      (5)   Property Identification for Emergency Response and Wayfinding Purposes. Locating a business or residence by police, fire, and other emergency responders can be a matter of life and death, and thus it is a compelling interest to ensure that proper, understandable, unambiguous, and coordinated signage be permitted and required, and specifications for such purposes can be accomplished in a simple and narrow manner. Wayfinding for vehicular and pedestrian purposes is also a compelling interest to avoid confusion in public rights-of-way, and unnecessary intrusions on private property. Sign specifications for such wayfinding can be coordinated with property identification for such emergency and other purposes.

      (6)   Maintaining Unique Character of Areas of the City. Acknowledge the unique character of certain areas and districts, and establish special time, place and manner regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas/districts.

      (1)   All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the City of Howell. In the event of conflict between this section and other laws, the most restrictive shall govern.

      (2)   All signs shall be placed so as to not interfere with the visibility or effectiveness of any official traffic sign or signal, motorist or pedestrian.

      (3)   No sign shall be erected, relocated or maintained so as to obstruct firefighting or prevent free access to any door, window or fire escape.

      (1)   General Standards.

         A.   No sign shall be illuminated by other than electrical means.

         B.   The source of illumination may be internal or external.

         C.   All external lighting fixtures used to illuminate a sign shall be shielded to direct light towards the sign.

      (2)   Sign Illumination Standards – The illumination of all signs, including EMS, shall not exceed 0.3 footcandles above ambient light levels based upon illumination measurement criteria set forth in Table 7.02(c) and Section 7.02(c).

 

      (3)   Illumination Measurement Criteria – The illumination of a sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illumination of an EMS shall be measured with the EMS off, and again with the EMS displaying a white image for a full color-capable EMS, or a solid message for a single-color EMS. All measurements shall be taken as close as practical to a point that is perpendicular to the sign face at the distance determined by the total square footage of the sign as set forth in Table 7.02(c) Sign Area of a Sign versus Measurement Distance.

      (1)   Roof signs.

      (2)   Signs containing flashing, scrolling, blinking, intermittent or moving lights, or signs with moving or revolving parts.

      (3)   Signs affixed to trees, rocks, shrubs or similar natural features, but not when an integral part of or carved out of such features.

      (4)   Signs that imitate traffic signals, traffic direction signs, or similar traffic control devices.

      (5)   Temporary signs mounted upon trucks, vans, or other wheeled devices. Signs permanently painted on, or otherwise permanently displayed upon a vehicle, licensed and operating on the public streets and highways, identifying the owner's occupation or livelihood, shall be permitted.

      (6)   Permanent signs other than those erected by a public agency that are located within or overhang the public right-of-way or on public property.

      (7)   Any sign or sign structure which:

         A.   Is structurally unsafe; or

         B.   Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or

         C.   Is not kept in good repair; or

         D.   Is capable of causing electrical shocks to persons likely to come in contact with it.

      (8)   Signs that make use of words such as "Stop", "Look", "Danger" or any other words, phrases symbols or characters, in such manner as to interfere with, mislead or confuse traffic.

      (9)   Any sign or other advertising structure containing any obscene, indecent or immoral matter.

      (10)   Any sign unlawfully installed, erected or maintained.

      (11)   Signs considered to be abandoned in accordance with section 7.10(e).

      (1)   Wallplates in the R-1, R-2 and RT Districts not exceeding two (2) square feet in size.

      (2)   On-premises directional signs that indicate direction of traffic flow shall be permitted, subject to the following:

         A.   On-premise directional signs that are intended exclusively to direct traffic flow into a site from a public street in the interest of public safety are permitted in all districts. Such signs shall not exceed four (4) square feet in area and four (4) feet in height, shall be located a minimum of five (5) feet from any property line and shall be positioned in a manner which will not obstruct the vision of motorists and/or pedestrians.

         B.   On-premise directional signs which are intended to direct traffic flow within a site shall be permitted in all districts for the following permitted and special uses: schools, hospitals, offices, parks, governmental facilities and other similar uses. Such signs shall not exceed twenty (20) square feet in area and six (6) feet in height, shall be located a minimum of fifty (50) feet from any property line and shall be positioned in a manner which will not obstruct the vision of motorists and/or pedestrians.

         C.   On-premise directional signs may be illuminated.

         D.   The Planning Commission may vary the size and location of an on-premises directional sign in order to facilitate traffic flow and safety.

      (3)   Signs that do not exceed sixteen (16) square feet in area in non-residential districts or four (4) square feet in residential districts, denoting a site of historic significance shall be permitted in all districts.

   Freestanding signs shall be permitted in the following districts in accordance with the regulations herein.

      (1)   Only one (1) freestanding sign shall be located on any premises; however, the Planning Commission may permit a second sign which is not to exceed seventy-five (75) percent of the first sign area when having building frontage on two (2) public rights-of-way.

      (2)   A freestanding sign shall be located no closer than ten (10) feet from the public right-of-way.

 

In review of a Special Land Use, the Planning Commission shall consider the standards set forth in Section 3.03 and the following:

      (1)   The standards set forth in Sections 7.02 and 7.07;

      (2)   The size, shape and topography of the property;

      (3)   The relationship of the sign to neighboring properties and signs; and

      (4)   The relationship to and visibility from the public street where the property is located.

   The following wall signs shall be permitted in the following districts in accordance with the regulations herein.

      (1)   No wall sign shall be erected to extend above the top of the wall to which it is attached, nor extend beyond the ends of the wall to which it is attached. Signs erected on the vertical portion of a mansard roof are considered to be wall signs.

      (2)   All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts or expansion screws. In no case shall any wall sign be secured with wire, straps of wood or nails.

      (3)   For wall signs that are oriented horizontally, the vertical dimension of the sign shall not be in excess of six (6) feet. For wall signs that are oriented vertically, the horizontal dimension of the sign shall not be in excess of six (6) feet.

      (4)   For buildings with distinct and separate uses, separate wall signs shall be permitted for each such use. Corner tenants, and/or tenants with front and rear street frontage, may have two (2) signs, one (1) on the face of each building frontage facing a public right-of-way. In multi-tenant buildings, the total allowable square footage of all signs shall not exceed 1.5 times the maximum allowable square footage specified for each district. A single tenant may not exceed the maximum square footage specified, without the multi-tenant bonus noted above.

      (5)   For purposes of this section, signage incorporated as part of a canopy sign shall be regulated in the same manner as wall signs.

 

In review of a Special Land Use the Planning Commission shall consider the standards set forth in Section 3.03 and the following:

      (1)   The standards set forth in Sections 7.02 and 7.07;

      (2)   The size, shape and topography of the property;

      (3)   The relationship of the sign to neighboring properties and signs; and

      (4)   The relationship to and visibility from the public street where the property is located.

      (1)   Projecting and suspended signs shall be permitted in B-1, B-2, and CBD, Districts.

      (2)   The maximum area of a projecting or suspended sign shall not exceed twenty (20) square feet on each side or a total of forty (40) square feet. The total square feet of signage (both sides) shall be subtracted from the total allowable wall signage square footage for the district.

      (3)   The bottom of the projecting or suspended sign shall be a minimum of seven (7) feet above the surface of the sidewalk or ground area, or otherwise be located so as not to interfere with pedestrian traffic.

      (4)   The City shall approve the lighting of all signs in accordance with the standards set forth in Section 7.02(c).

   In review of a Special Land Use, the Planning Commission shall consider the standards set forth in Section 3.03 and the following:

      (1)   The standards set forth in Section 7.02 and Section 7.07;

      (2)   The size, shape and topography of the property;

      (3)   The relationship of the sign to neighboring properties and signs; and

      (4)   The relationship to and visibility from the public street where the property is located.

   Interior window signs shall be permitted in the CBD Central Business District, B-1 Local Business District, and B-2 General Business District. Interior window signs shall be permitted for each use on each floor level but in total shall not exceed twenty-five (25) percent of the window area of each building face on each floor level, and no more than fifty (50) percent coverage per window.

   The following temporary signs shall be permitted in accordance with the regulations herein.

      (1)   All temporary signs shall be located no closer than ten (10) feet from the public right-of-way.

      (2)   Number of Temporary Signs Permitted. One (1) temporary freestanding sign shall be permitted per premise, except those signs where additional number is permitted in the time frame and conditions specified in Section 7.07(d)(3).

      (3)   Height and Area Requirements for Temporary Freestanding Signs. All temporary signs shall be permitted in accordance with the following requirements, except those signs where additional area is permitted during the time frame and conditions specified in Section 7.07(f)(3).

 

      (1)   Number of Temporary Wall Signs. One (1) temporary wall sign shall be permitted per premise, except those signs where additional number is permitted in the time frame and conditions specified in Section 7.07(f)(3).

      (2)   Area Requirements. All temporary wall signs shall be permitted in accordance with the following requirements, except those signs where additional area is permitted in the time frame and conditions specified in Section 7.07(f)(3).

 

      (1)   Temporary signs shall be constructed of durable, all-weather materials and designed to remain in place and in good repair so long as they remain on display.

         (2)   The maximum display time of temporary signs is thirty (30) days unless additional time is granted under subsection 3 or 4 below. After this time expires, the sign shall be removed. Once the temporary sign is removed, there shall be a gap of at least thirty (30) days between display of a temporary sign on the same property.

   (3)   In recognition that there is a need for additional expression of speech prior to a scheduled election, the following applies for a period of sixty (60) days prior to and three (3) days after a City-designated election day on which there is at least one ballot item: the maximum allowable area of temporary signs shall be increased to sixty-four (64) square feet per premise in all districts. The maximum area of an individual sign remains as stated in the table above during this period.

      (4)   When all or a portion of a building or land area is listed for lease, the maximum display time of freestanding temporary signs and temporary signs mounted on buildings shall be ninety (90) days. When all or a portion of a building or land area is listed for sale, the maximum display time of freestanding temporary signs for all uses and temporary signs mounted on buildings for all uses except residential uses shall be the duration the building, building unit or land is listed for sale. In all cases, the sign area shall not exceed thirty-two (32) square feet per side.

      (5)   Display of temporary banners and temporary signs mounted on building walls (temporary wall signs) shall be limited to a total of thirty (30) days per calendar year. Such signs shall not be displayed for any continuous period greater than ten (10) days.

      (1)   One (1) portable sign shall be permitted per building in the CBD, B-1, B-2, O-1, and MXD Districts. Buildings with frontage on two streets are permitted to have one sign on each street.

      (2)   In all districts, except the CBD, a portable sign shall be located on the premises of the business it is intended to advertise, but not within the public right-of-way.

      (3)   All sandwich board signs shall be located within ten (10) feet of the building containing the business it is advertising. In the CBD, a portable sign may be located on the sidewalk in the public right-of-way either in front of or adjacent to the business it is intended to advertise.

      (4)   All portable signs may only be displayed during regular business hours.

      (5)   A portable sign shall not occupy or obstruct the use of any fire lane or required off-street parking. Any sign that creates a visual or safety hazard may be ordered to be removed by the Zoning Administrator.

      (6)   A portable sign shall not exceed nine (9) square feet per side or a total of eighteen (18) square feet. The height shall not exceed four and one-half (4.5) feet.

      (1)   The Planning Commission, in its sole discretion, may approve one (1) of the following types of signs: ground, wall, projecting or suspended.

      (2)   A ground sign shall not exceed four (4) feet in height and six (6) square feet in area per side, nor to exceed a total of twelve (12) square feet in area.

      (3)   A wall sign shall not exceed six (6) square feet in area.

      (4)   A projecting or suspended sign shall not exceed six (6) square feet in area per side, not to exceed a total of twelve (12) square feet in area. A projecting or suspended sign shall provide a minimum of eight (8) feet of ground clearance or otherwise be located so as to not interfere with pedestrian traffic.

      (5)   The Planning Commission shall approve the lighting of all signs.

      (1)   Drive-in and drive-through businesses shall submit a plan for approval by the Planning Commission illustrating the location of accessory signs in relationship to a drive-in or drive-through.

      (2)   Each drive-in and drive-through accessory sign shall not exceed seven (7) feet in height.

      (3)   One (1) drive-in and drive-through accessory sign (in stacking lane) shall not exceed sixteen (16) square feet and the other (at the speaker) shall not exceed thirty-two (32) square feet in area.

      (4)   The area of the drive-in and drive-through accessory sign is exclusive of the structures framing.

      (5)   All drive-in and drive-through accessory signs shall be single sided.

      (6)   No drive-in and drive-through accessory sign may be located within the front yard.

      (7)   The drive-in and drive-through accessory sign may include digital/electronic signage not to exceed four (4) square feet.

      (8)   The Planning Commission may consider a modified sign area, subject to the following:

         A.   Only one (1) of the drive-in and drive-through accessory signs may be increased in area.

         B.   The drive-in and drive-through accessory sign is completely screened from the roadway.

         C.   Under no circumstances shall the drive-in and drive-through accessory sign exceed forty-eight (48) square feet in area.

      (1)   General Standards.

         A.   Electronic message signs shall only be permitted to be incorporated in a freestanding sign in the B-1, B-2, MXD and South Michigan Avenue Form Based District;

         B.   The area devoted to an electronic message sign (EMS) shall not exceed twenty-five percent (25%) of the permissible ground sign area;

         C.   The ground sign in which the EMS is incorporated shall be in complete conformity with the ground sign requirements of the district in which the premise is located. All other signs shall conform to the requirements of the district in which the premise is located;

         D.   There shall be no window sign permitted, maintained or installed on a premise with an EMS; and

         E.   The EMS must comply with all sign display and illumination standards in Section 7.02(c).

      (2)   Message Display and Communication Requirements:

         A.   The display time of an EMS shall not be less than two (2) minutes per message display;

         B.   The transition or change of message shall appear instantaneous without the use of special effects such as dissolve or fade;

         C.   An EMS shall not exhibit any characteristics of movement or flashing and shall not use techniques defined as dynamic frame effect, scroll, or travel;

         D.   No EMS message display shall resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal or light or have the brilliance or intensity that will interfere with any official traffic sign, device or signal;

         E.   An EMS shall be limited to white, black, and/or graytone lettering and images. Operation of a full color EMS is prohibited and any full color capable EMS shall only be operated on the white, black, and/or graytone mode; and

         F.   An EMS shall not include any audio message or audible sound.

      (3)   Miscellaneous Requirements.

         A.   No EMS shall be permitted to operate unless it is certified as follows and equipped with all of the following mechanisms, programming, and equipment in proper working order at all times:

            1.   A default mechanism that will cause the EMS to revert immediately to a default static display to zero lumens if the EMS or any component thereof malfunctions;

            2.   A non-glare panel covering the electronic changeable copy display or other equivalent method approved by the City to substantially reduce glare;

            3.   A sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions; and

            4.   A written certification from a sign manufacturer or other approved testing agency that the light intensity has been preset to conform to the brightness, illumination, and display standards established in this article and that the preset levels are protected from end user manipulation by password protected software or other method with certification shall be provided to the City.

         B.   The owner or controller must either turn off or adjust the sign to meet the brightness and illumination standards set forth in Section 7.02(c). The adjustment must be made within twelve (12) hours of a notice of non-compliance from the City.

      (1)   One (1) freestanding sign shall be permitted, where such signs are permitted in the district in which located.

         A.   Freestanding business center signs shall not exceed fifty (50) square feet per side, one hundred (100) square feet total.

         B.   Freestanding business center signs shall meet the size and height requirements of the district in which such sign is located.

         C.   Within a freestanding business center, individual tenants or uses shall not have a separate freestanding sign.

      (2)   In areas of the City where a freestanding sign is not permitted, a business center may have a business center wall sign.

         A.   Wall business center signs shall meet the area requirements for wall signs in the district in which located.

         B.   Wall business center signs shall meet all other wall sign requirements in the district in which located.

   This article shall be administered by the Zoning Administrator or designated representative.

      (1)   All new signs subject to the provisions of this article, whether for existing or new structures and uses that are subject to site plan review.

      (2)   Signs requiring special land use approval as set forth in Sections 7.03(c) and 7.04(c), and 7.05(b).

      (3)   Signs designating sites of historical significance as set forth in Section 7.02(f)(4).

      (4)   Signs for bed and breakfast accommodations as set forth in Section 7.09(a).

   The application shall also describe the colors, construction materials and method of lighting of all such signs.

      (1)   It shall be unlawful to display, erect, relocate or alter any sign without obtaining a sign permit. Signs meeting the provisions of Section 7.02(f) shall not require a permit.

      (2)   Sign permits shall be issued for signs in compliance with the standards of this article. When a sign permit has been issued by the City, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without first amending the permit or applying for a new permit.

      (3)   The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, his or her authorized agent, or a sign contractor. Such application shall be made in writing on forms furnished by the Zoning Administrator and shall be signed by the applicant.

      (4)   The application for a sign permit, whether reviewed by the Administrator or the Planning Commission, shall be accompanied by the following information:

         A.   The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.

         B.   The location by street address of the proposed sign structure.

         C.   Complete information as required on application forms, including a site plan and elevation drawings of the proposed sign, and such other data as are pertinent to the application, including the locations of the proposed sign(s) on the property and/or buildings as well as any other existing signs located upon the property and buildings on the site, the dimensions of the proposed sign and all existing signs, and a drawing of such sign(s). The application shall also describe the construction materials and method of lighting of all such sign(s).

         D.   Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used.

         E.   Application for, and required information for such application, and an electrical permit for all electrical signs if the person building the sign is to make the electrical connection.

         F.   A statement of valuation.

      (1)   Unless otherwise provided in this Section or other applicable law, nonconforming signs may be used, maintained, or repaired in the same form and type as they existed at the time they became nonconforming.

      (2)   No nonconforming sign:

         A.   Shall be changed to another nonconforming sign;

         B.   Shall have any change made in the message displayed on the sign unless the sign is specifically designed for periodic change of message;

         C.   Shall have any change made in the structure, shape, size, type, design, or mechanical or electrical equipment of the sign unless the change brings the sign into compliance with this chapter; however, the Building Official may order repair of a nonconforming sign for safety;

         D.   Shall be reestablished or maintained after the activity, business or usage to which it relates has been discontinued for one hundred twenty (120) days or longer;

         E.   Shall be repaired or erected after being damaged if the repair or erection of the sign would cost more than fifty percent (50%) of the cost of an identical new sign;

         F.   Shall have any change that would result in different type of or greater illumination of the sign or change a non-luminescent sign to a luminescent sign;

         G.   Shall have any change made to add mechanical or electronic features, except ambient light monitors to regulate brightness in accordance with this Code.

      (3)   If the owner of a sign or the premises on which a sign is located changes the location of a building, property line, or sign, or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this chapter.

      (1)   Any sign located on property in the City that has been vacant or unused for more than one hundred twenty (120) days shall be presumed to be abandoned. The owner's intent to abandon or no longer continue the use of the sign shall be established by a preponderance of the evidence before the Zoning Administrator. Such evidence may include, but not be limited to, any factor involving the use (or lack thereof) or the condition of the sign or the business it advertises, and may include, by way of example, such considerations as:

         A.   Whether utilities have been disconnected to the premises to which the sign relates.

         B.   Whether any fixtures within and outside the premises to which the sign relates have been removed.

         C.   Whether the premise to which the sign relates have fallen into disrepair or is considered "blighted."

         D.   Whether U.S. Mail delivery for the business to which the sign relates has been terminated or mail is forwarded to another address.

         E.   Whether the classification of the property for tax purposes has been changed to reflect another use.

         F.   Whether any license associated with the use of the premises to which the sign relates has expired.

         G.   Any other evidence indicating that the business or activity to which the sign relates is no longer operating from the advertised premises.

      (2)   Exceptions to this restriction may be permitted by the Planning Commission based upon the historical significance of signage. In determining historical significance of a sign, the Planning Commission shall use the following guidelines:

         A.   Whether or not the sign is located on an historically significant or contributing structure, as defined in this ordinance.

         B.   The historical or architectural value and significance of the sign and its relationship to the historical value of the surrounding area;

         C.   The relationship of the exterior architectural features of the sign to the rest of the structure and the surrounding area;

         D.   The general compatibility of exterior design, arrangement, texture and materials of the sign; and

         E.   Other factors, including aesthetic value, which the Planning Commission considers pertinent.

      (3)   A sign shall be removed by the owner or lessee of the premises upon which the sign is located within thirty (30) days after the business which it advertises is no longer conducted on the premises. The Zoning Administrator or designee shall order the removal of any sign, including the sign structure, erected or maintained in violation of this ordinance. Notice in writing shall be given to the owner of such sign or of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance with the ordinance. Notice in writing shall be delivered in person or sent certified, return receipt requested, within five (5) days of discovery of the violation.

         A.   If the owner of the property to whom such a notice has been sent claims that the sign has not been abandoned, such owner shall, within sixty (60) days from the date of the notice, file a written response to the Zoning Administrator stating facts which rebut the presumption of abandonment and demonstrate the intent not to abandon the sign.

         B.   At the end of such sixty (60) day period, if a written response stating facts to rebut the presumption of abandonment has not been submitted to the Zoning Administrator, the sign shall be deemed abandoned, and a notice to such effect shall be sent to the owner.

         C.   If a written response stating facts to rebut the presumption of abandonment has been submitted to the Zoning Administrator, and if the response demonstrates in the discretion of the Zoning Administrator that the sign has not been abandoned, the sign shall be permitted to remain until further evidence of abandonment appears, or some other basis for removal arises. If the Zoning Administrator determines that the response fails to demonstrate that the sign has not been abandoned, the notice of sign abandonment and the response from the owner shall be placed upon the agenda of a meeting of the Zoning Board of Appeals, and notice of the time, place and date of the meeting shall be sent to the owner. After a review of the notice and response, and after affording an opportunity to be heard by the owner and the Zoning Administrator, together with any and all other information and argument deemed appropriate by the Zoning Board of Appeals, the Zoning Board of Appeals shall make a final determination with respect to whether the sign has been abandoned.

      (4)   If the owner or lessee fails to remove the sign, then the City may remove the sign by issuance of a Municipal Civil Infraction to the owner or by applying to a court of competent jurisdiction seeking an order requiring removal of the sign. Any cost of removal incurred by the City shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinance debt or in the manner of taxes and such charge shall be a lien on the property.

      (5)   The City shall also remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public, with the cost of removal assessed against the owner as set forth herein.