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Lincolnton City Zoning Code

ARTICLE VI

Signs

Sec. 26-835 - Purpose and intent.

  1. It is the purpose of the city council in enacting this chapter to provide standards to safeguard life, public health, property and welfare by regulating the location, size, illumination, erection, maintenance and quality of materials of all signs. More specifically, signs have a powerful impact on the aesthetic environment of the community, and it is the purpose of this article to encourage an aesthetically attractive environment, while allowing sufficient opportunities for communications to serve business and comply with the federal and state constitutions and laws.
  2. Signs create visual clutter and therefore should be regulated in their size, location, construction and illumination. Signs can detract from the beauty of the neighborhood and lower property values. In seeking to comply with federal and state law, the board has determined that large billboards are, as the U.S. Supreme Court has recognized, an aesthetic harm; that the Georgia Supreme Court has upheld sign regulations on the basis of aesthetics and preserving the beauty of environment; and, that the Eleventh Circuit Court has recognized portable signs are visual clutter and a potential traffic hazard. These holdings show that the city's ordinance is within the law and therefore constitutional, which is a goal of the city.
  3. Many signs can also be a hazard and negatively impact traffic safety, by distracting drivers and blocking views of other vehicles and dangers, by making intersections more treacherous, and by making it difficult to see oncoming traffic when entering a roadway. Therefore, it is also the purpose of this article to prevent those harms by regulating signs to safe locations, safe sizes, with proper and safe illumination and construction.

(Ord. of 12-2003, § 19-1)

Sec. 26-836 - Jurisdiction.

The provisions of this article shall govern the use of all land and development within the incorporated areas of the city.

(Ord. of 12-2003, § 19-1-3)

Sec. 26-866 - Purpose; applicability.

This division enumerates the signs that are permitted and prohibited in each specific zoning district, subject to standards and specifications otherwise provided in this article. If not otherwise stated, any sign not specifically permitted in a zoning district as provided under this division shall be prohibited. Any sign not visible from the outside of a structure or to passing members of the public is not regulated by this article.

(Ord. of 12-2003, §§ 19-2, 19-2-2(E))

Sec. 26-867 - R-1, R-2, RMH and D-1 zoning districts.

The following signs are permitted in R-1, R-2, RMH and D-1 zoning districts:

  1. Ground signs. Permitted grounds signs are limited to one single-face sign per lot having an occupied residential structure with a maximum size of six square feet, a maximum height of six feet above ground level, and a maximum width of six feet. Illumination of ground signs shall be governed by general ground sign illumination standards as provided in this division.
  2. Window signs. Permitted window signs are limited to one sign per dwelling with a maximum size of four square feet; provided, however, that window signs may not cover more than 25 percent of the window.
  3. Wall signs. Wall signs are not permitted.
  4. Monument signs in subdivisions. Subdivision monument signs shall be governed by general subdivision entrance sign standards as provided in this division.
  5. Roof signs. Roof signs are not permitted.

(Ord. of 12-2003, § 19-2(A))

Sec. 26-868 - Single business lots in P-1, C-1, and C-2 zoning districts.

For all uses other than residential planned developments in C-1 and C-2, the following signs are permitted on single business lots in P-1, C-1 and C-2 zoning districts:

  1. Ground signs. The permitted ground sign shall be limited to a maximum height of 30 feet above ground level, a maximum width of 25 feet, and maximum size as follows:
    1. For lots containing a principal building of up to 10,000 square feet, one double-face sign per total road frontage with a maximum size of 112 square feet per face;
    2. For lots containing a principal building of 10,001 to 100,000 square feet, one double-face sign per total road frontage with a maximum size of 150 square feet; and
    3. For lots containing a principal building of 100,000 square feet or greater, one double-face sign per total road frontage with a maximum size of 200 square feet.
  2. Alternative ground signs. As an alternative to the ground sign permitted in subsection (1) of this section, one double-face monument sign is permitted, not to exceed 32 square feet per feet, with a maximum height of eight feet above ground level and a maximum width of 16 feet.
  3. Window signs. Total window signage for each exterior building wall may not exceed 25 percent of the area of all windows on that wall.
  4. Wall signs. Wall signs are limited to a total area of up to 100 square feet for all walls of business buildings up to 15,000 square feet and up to 200 square feet for all walls of business buildings of greater than 15,000 square feet. Wall signs may not exceed the height of the wall upon which they are attached or extend below the ceiling of any incorporated exterior walkway or other ceiling.
  5. Roof signs. Roof signs are not permitted.

(Ord. of 12-2003, § 19-2(B))

Sec. 26-869 - I-1 zoning districts.

For all uses other than residential planned developments located in I-1 zoning districts, the following signs are permitted:

  1. Ground signs. The permitted ground sign shall be limited to a maximum height of 30 feet above ground level, a maximum width of 25 feet, and maximum size as follows:
    1. For lots containing a principal building of up to 50,000 square feet, one double-face sign per total road frontage with a maximum size of 112 square feet per face;
    2. For lots containing a principal building greater than 50,000 square feet, one double-face sign per total road frontage with a maximum size of 150 square feet.
  2. Alternative ground signs. As an alternative to the ground sign permitted in subsection (1) of this section, two double-face monument signs are permitted, placed one at each entrance, not to exceed 32 square feet per feet, with a maximum height of eight feet above ground level and a maximum width of 16 feet.
  3. Window signs. Total window signage may not exceed 25 percent of the total area of all windows facing road frontage.
  4. Wall signs. For industries having a principal building of up to 50,000 square feet, wall signs are limited to a total area of up to 100 square feet for all walls. For industries having a principal building of greater than 50,000 square feet, wall signs are limited to a total area of up to 200 square feet for all walls. Wall signs may not exceed the height of the wall to which they are attached or extend below the ceiling of any incorporated exterior walkway or other ceiling.
  5. Roof signs. Roof signs are not permitted.

(Ord. of 12-2003, § 19-2(C))

Sec. 26-870 - Residential planned development signs in C-1, C-2 and I-1 zoning districts.

For residential planned developments located in C-1, C-2 and I-1 zoning districts, the following signs are permitted:

  1. Ground signs. The permitted ground sign shall be limited to a maximum height of 35 feet above ground level, a maximum width of 25 feet, and maximum size as follows:
    1. For developments containing up to 50,000 total square feet, one double-face sign per total road frontage with a maximum size of 112 square feet per face, generally for purposes of presenting the development name; and
    2. For developments containing greater than 50,000 total square feet, one double-face sign per total road frontage with a maximum size of 150 square feet, generally for purposes of present the development name.
  2. Window signs. Total window signage per business per wall may not exceed 25 percent of the total area of each wall.
  3. Wall signs. Wall signs may not exceed the height of the wall to which they are attached or extend below any incorporated exterior walkway or other ceiling. The maximum permitted size of wall signs shall be as follows:
    1. Each individual commercial business having less than 15,000 square feet of gross floor area may erect up to two wall signs not to exceed a total of 100 square feet of sign space for all walls of each business.
    2. Each individual commercial business having 15,000 square feet or more of gross floor area may erect up to four wall signs not to exceed a total of 200 square feet of sign space for all walls of each business.
  4. Roof signs. Roof signs are not permitted.

(Ord. of 12-2003, § 19-2(D))

Sec. 26-871 - Corner lot signs.

Notwithstanding any other provisions of this article, single business and planned developments on corner lots are allowed ground signs on both roads or streets provided that the lot frontage on the secondary road, as designated by the state department of community affairs, must be a minimum of 200 feet. Corner lots have frontage on secondary roads of less than 200 feet shall be permitted one double-faced monument sign not to exceed 32 square feet of total area per sign face. Such signage limitations apply to each side of the lot having road or street frontage and shall not be accumulated and used on only one of the street frontages.

(Ord. of 12-2003, § 19-2-2(J))

Sec. 26-872 - Subdivision entrance signs.

One single- or double-face monument sign is permitted at every main entrance to any residential subdivision, mobile home park, mobile home subdivision, apartment complex, or other similar residential development. Such signs shall not exceed six feet in height, 12 feet in width, or 32 square feet of sign area for each face. Only external illumination is permitted.

(Ord. of 12-2003, § 19-2-2(B))

Sec. 26-873 - Entrance and exit signs in commercial and industrial zones.

In the commercial and industrial zones two single- or double-faced pole or monument-style signs each clearly indicating "Entrance" and "Exit" respectively are permitted. Each sign may not exceed three feet in height or three square feet of total area per sign face. Such signs shall be internally illuminated only and shall be placed at least five feet back from the road right-of-way.

(Ord. of 12-2003, § 19-2-2(C))

Sec. 26-874 - Public purpose and safety signs.

State and local public purpose and safety signs are permitted in every zoning district. Such signs can be placed in the right-of-way provided that they do not create a safety hazard.

(Ord. of 12-2003, § 19-2-2(D))

Sec. 26-875 - Real estate signs.

One non-animated real estate sign, per agency, per lot is permitted. Such signs shall not require a permit and shall be limited to signs whose permitted maximum display surface area does not exceed four square feet in residential district and 16 square feet in commercial districts.

(Ord. of 12-2003, § 19-2-2(G))

Sec. 26-876 - Construction and improvement signs.

  1. Residential home construction and improvement signs may be placed on the site of the construction or repair, provided all such signs do not exceed six square feet in size and are removed within seven days after completion of work.
  2. Commercial and industrial construction signs displaying the intended occupant (i.e. "Coming Soon") or the names of the contractors or subcontractors may be placed on the site of the construction or repair, provided all such signs do not exceed 32 square feet and are removed within seven days after cessation or completion of construction.

(Ord. of 12-2003, § 19-2-2(H))

Sec. 26-877 - Political signs.

Political signs shall require no permit and may be permitted in all zoning districts. Such signs shall be limited to one single-face sign per road frontage and shall not exceed six square feet of total sign face area in any residential zoning district or 32 square feet of total sign face area in nonresidential zoning districts. Signs shall be permitted to be display eight weeks prior to the election and must be removed within 14 days following any election or runoff election and shall thereafter be forfeited to the city for immediate removal. All such signs shall conform to any other applicable provisions of these regulations.

(Ord. of 12-2003, § 19-2-2(K))

Sec. 26-878 - Strip panel rotating signs.

Strip panel rotating sign faces shall be permitted; however, such rotation is restricted to the vertical strip sign advertising face only where such strips do not exceed six inches in width.

(Ord. of 12-2003, § 19-2-2(L))

Sec. 26-879 - Double-face copy change board signs.

In addition to any single-support sign permitted in the C and M zoning districts, a double-faced copy change board may also be permitted in those same districts, excluding any planned developments. Such sign shall be located on the same support structure, separate from and below the main sign, and may not exceed four feet by eight feet. Double-face copy-change board signs may not be placed lower than ten feet above common grade level.

(Ord. of 12-2003, § 19-2-2(M))

Sec. 26-880 - Individual vehicles signs.

Vehicles may display up to four square feet of signage. Such signs shall be attached or be adhered directly to the body of the vehicle.

(Ord. of 12-2003, § 19-2-2(A))

Sec. 26-881 - Holiday lighting.

Holiday lights and decorations with no commercial message, illuminated only between November 1 and January 15, are permitted in all districts.

(Ord. of 12-2003, § 19-2-2(F))

Sec. 26-911 - Designated.

Signs that are prohibited include, but are not limited to:

  1. Roof signs.
  2. Sidewalk, A-frame, sandwich type, curb type, or daily placement signs.
  3. Portable signs, except as otherwise specifically provided in this article.
  4. Animated signs involving motion or sound, including rotating signs or parts thereof.
  5. Flashing, blinking, or signs of varying light intensity with the exception of signs giving the time and temperature.
  6. Exposed neon or signs containing exposed neon tubing which are not enclosed within a channel or box lettering.
  7. Lighter than air, balloon, blimp, or other inflatable device which is tethered.
  8. Signs that contain or are an imitation of an official traffic sign or signal, or can be confused with an official traffic sign including those signs employing the word "Stop", "Yield", "Go", etc.
  9. Signs that have been abandoned, including signs that advertise an activity, business, product or service no longer active or in existence.
  10. Banners within 20 feet of a property line or right-of-way.
  11. Signs not in good repair, specifically including any sign which is in a state of disrepair or disassembly, or any sign which has its internal lighting exposed to view for more than one week.
  12. Signs or advertising devices attached directly onto any vehicle parked for more than 48 hours so as to be visible from a public right-of-way, except for work vehicles of a business and common carriers or other vehicles used for daily transportation.
  13. Canopies or awnings having a commercial message sign attached to or incorporated within the canopy or awning, with the exception of the name and address of the establishment.
  14. Streamers or beacons.

(Ord. of 12-2003, §§ 19-3(A)—(N))

Sec. 26-912 - Forfeiture of signs; costs of removal.

  1. The following signs may be forfeited to the public and are subject to immediate confiscation by the city:
    1. Any sign installed or placed on public property, including right-of-ways, except in conformance with the requirements of this article;
    2. Any sign attached to any street sign or marker, traffic control signs or devices;
    3. Any sign attached to or painted on any sign pole or any post, tree, rock, or other natural object or feature.
  2. In addition to all other remedies available to the city under this Code or state law, the city shall have the right to recover from the sign owner or persons placing or maintaining signs enumerated in subsection (a) of this section the full costs of removal and disposal of such sign.

(Ord. of 12-2003, § 19-3(O))

Sec. 26-943 - Short duration signs (1—14 days).

  1. Generally. Except as otherwise specifically provided in this section for weekend signs:
    1. Short duration temporary signs can be erected in any zoning district for a maximum of two weeks. No more than two signs can be erected on any lot at one time.
    2. Such signs shall not exceed six feet in height and 16 square feet per side, and shall not be more than two-sided.
    3. Such signs shall be made of waterproof material, and must be attached to an independent mounting device. The mounting must be secure to prevent the sign from being blown off the device. (See subsection (b)(2) of this section.) The mounting device or sign should bear the name and phone number of the party responsible for the device.
    4. No such sign can be placed within 100 feet of an intersection or closer than ten feet from the pavement of the roadway. In no event shall such signs be placed on a public right-of-way.
    5. Short duration signs cannot be placed on the same lot more than four times per year.
  2. Weekend signs.
    1. Weekend signs shall not exceed three feet in height and four square feet per side, and shall not be more than two-sided.
    2. Such signs shall be made of waterproof material, and must be attached to an independent mounting device no more than 40 inches above ground level. The mounting must be secure to prevent the sign from being blown off the device. The sign or mounting device should bear the name and phone number of the party responsible for the device.
    3. No such sign can be placed within 100 feet of an intersection, nor shall any sign be closer than ten feet to the pavement of a roadway. In no event can such signs be placed on a public right-of-way.

(Ord. of 12-2003, § 19-5.2(b))

Sec. 26-944 - Long duration signs (15—60 days).

  1. A temporary permit may be issued for long duration temporary signs permitted pursuant to this section. Such permits shall not be issued for signs intended to be used for less than 15 days and shall be valid for not more than 60 days. A business or individual cannot request more than one temporary permit for long duration signs every six months.
  2. Only one long duration temporary sign or device may be used on one lot at the same time.
  3. The types of long duration temporary signs that may be displayed only in the C and I zoning districts upon the issuance of a temporary permit for a long duration temporary sign by the zoning board are:
    1. Inflatable ground advertising devices and figures;
    2. Search lights, lasers and similar devices; and
    3. Banners, including flag banners.

(Ord. of 12-2003, § 19-5.1)

Sec. 26-962 - Applicability.

The standards and specifications of this division shall apply to all signs in the city notwithstanding any other provision of this article.

Sec. 26-963 - Construction and maintenance.

  1. It shall be unlawful to erect or place any sign which does not conform to the requirements of this article.
  2. All signs for which a permit is required, together with all their supports, shall be kept in constant repair and, unless constructed of galvanized or noncorroding metal, shall periodically be given a protective coating. The area immediately in front of all freestanding signs shall be maintained free of high weeds and debris.
  3. The staff of the zoning board may periodically inspect every sign in order to determine that each meets the requirements set forth in this article.
  4. The owner or entity shall be required to remove or have removed from the premises discarded or unusable paper, sign faces, parts and debris resulting from the changing of the advertising copy or message or maintenance of any sign or sign structure.

(Ord. of 12-2003, § 19-6.9)

Sec. 26-964 - Computation of total sign area.

The area of a sign shall be computed as the area within the smallest square, rectangle, or portion thereof enclosing, or which would have enclosed, the outer limits of the sign face and frame, text, material, texture, or color forming an integral part of the sign or used to differentiate the sign face and frame from the structure upon which it is placed.

(Ord. of 12-2003, § 19-4(A))

Sec. 26-965 - Content.

Any sign, display or device allowed under this chapter may contain any commercial or noncommercial message, except that such messages cannot be profane, depict obscenity as defined by O.C.G.A. § 16-12-80, depict sexual conduct or sexually explicit nudity as defined by O.C.G.A. § 36-60-3, or advertise any illegal activity.

(Ord. of 12-2003, § 19-4(B))

Sec. 26-966 - Embellishments.

Sign embellishments (including protrusions) shall not constitute greater than 20 percent of the surface of the sign face or perimeter. Protrusions greater than 12 inches from the sign face and 18 inches from the sign perimeter are prohibited.

(Ord. of 12-2003, § 19-4(C))

Sec. 26-967 - Number.

For the purposes of determining the number of signs, ground signs shall be equal to the number of sign structures. All other (non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in random manner without organized relationship of elements, such elements shall be considered to be a single sign.

(Ord. of 12-2003, § 19-4(D))

Sec. 26-968 - Illumination.

  1. Ground signs shall not be internally illuminated in the residential districts (D-1, R-1, R-2, RMH). All external lighting shall be positioned and shielded so that the light source cannot be seen directly by any passing motorist or cause detriment to any surrounding businesses for residents.
  2. Flashing, blinking or other illumination of varying degree is not permitted. Lighting that causes confusion with, or distraction from, any traffic signal or safety device shall not be permitted.
  3. All externally illuminated signs shall utilize low wattage luminaries mounted in fixtures designed to direct the light and eliminate light trespass.
  4. All internally illuminated signs shall utilize low wattage luminaries designed to reduce light glow.
  5. All signs over six feet in height shall be internally illuminated or by external lighting fixtures located below the sign area.

(Ord. of 12-2003, § 19-4(E))

Sec. 26-969 - Support and stabilization.

With the exception of planned development signs that may be of a double-pole type, all other signs, banners, and the like shall be self-supporting upon a single support (e.g., a monopole) and within its own framework structure. Such signs shall not employ the use of guy wires or other external support bracing for stabilization.

(Ord. of 12-2003, § 19-4(F))

Sec. 26-970 - Setbacks.

All signs or protrusions thereof that are located on the ground must be setback at least five feet from any public right-of-way or property line. No permanently affixed ground sign shall interfere with any public utility or vehicular line of sight.

(Ord. of 12-2003, § 19-4(G))

Sec. 26-971 - Corner visibility.

No sign or sign structure above the height of three feet may be sited within 15 feet of the intersection of the right-of-way lines of either street.

(Ord. of 12-2003, § 19-4(H))

Sec. 26-972 - Fire safety restrictions.

No sign or sign structure may be erected or maintained which obstructs any form of fire escape or fire lane. No sign or portion of a sign may project or extend over any residential, commercial, industrial structure, any driveway, walkway or the like.

(Ord. of 12-2003, § 19-4(I))

Sec. 26-1003 - What constitutes; when removal required.

  1. Signs that do not comply with this article and that were legally placed before the effective date of the ordinance from which this article is derived shall be nonconforming with respect to the requirements of this article and subject to the provisions of this division. Signs that were illegally erected, established or maintained with respect to the applicable requirements of prior city sign regulations are not nonconforming signs under this division and shall be removed or brought into compliance with this article.
  2. Nonconforming signs made of paper, cloth or other non-durable material, all temporary signs other than those permitted in this article, and any signs that are not affixed to a building or the ground or are located within a public right-of-way, must be removed by the sign or property owner.
  3. Upon failure to comply with the requirements of this article, the zoning board may cause the removal of any nonconforming sign at the expense of the owner or associated party.

(Ord. of 12-2003, § 19-6.9(1))

Sec. 26-1004 - Replacement.

  1. A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of advertising panels, painted boards or demountable material on nonconforming signs shall be permitted.
  2. Those signs considered nonconforming (grandfathered) as of December 1, 2003, shall be governed by the signage requirements for the zoning classification, as designated by the department of community affairs, that most closely approximates its use.

(Ord. of 12-2003, § 19-6.9(2))

Sec. 26-1005 - Repair and maintenance.

Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs and neon tubing may be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this article.

(Ord. of 12-2003, § 19-6.9(3))

Sec. 26-1006 - Relocation if removal necessitated by city or state improvement projects.

If a nonconforming sign must be removed due to a city or state road improvement or other project, the zoning board may authorize the relocation of such sign even though the new location may not meet the setback requirements or other provisions of this article.

(Ord. of 12-2003, § 19-6.9(4))

Sec. 26-1026 - Required; exceptions.

  1. A sign permit is not required for the erection of a weekend sign, or a ground or window sign in the D-1, R-1, R-2, RMH zoning districts; provided, however, that the exception provided in this subsection shall not act to exempt signs using electrical wiring and connections from the requirement for electrical permitting.
  2. For all other signs, a sign permit is required before a ground or wall sign may be erected and before an existing sign may be enlarged, relocated, or materially improved upon to an extent of 60 percent of its total replacement value.

(Ord. of 12-2003, § 19-6.1(a))

Sec. 26-1027 - Issuance subject to applicability and conformance.

A sign permit shall be issued by the building official when the plans, specifications, and intended use of the applied sign or part thereof conform to the applicable provisions of this chapter. The application shall be accompanied by all the information required under this division and such other information as the building official may require.

(Ord. of 12-2003, § 19-6.1(b))

Sec. 26-1028 - Applications; time for processing; grounds for denial.

  1. Applications for sign permits shall be filed by the sign owner or owner's agent with the building official upon forms as provided. Any information pertinent to the sign application as may be requested by the zoning board and may include, but not limited to:
    1. The type and purpose of the sign as defined by this article or the state department of community affairs (DCA).
    2. A site plan showing the location of the sign, and construction plan describing the material the sign is to be constructed from.
    3. Elevation drawing showing the height and dimensions of the sign face.
    4. The total construction cost of the sign.
    5. The street address of the property upon which the subject sign is to be located and the proposed location of the sign on the subject property. In the absence of a street address, a method of location acceptable to the department of community affairs shall be used.
    6. The square foot area per sign face and the aggregate square foot area if there is more than one sign face.
    7. The names and addresses of the owners of the real property upon which the subject sign is to be located.
    8. The name, address, phone number, and business license number and home jurisdiction of the sign contractor.
  2. Upon receipt of an application for a sign as permitted under the provisions of this section, the zoning board, shall examine and process the application within 15 working days.
  3. A permit may be denied if the applicant, landowner, or lessee or other party is presently maintaining any sign in violation of the sign provision of this article.

(Ord. of 12-2003, §§ 19-6.2, 19-6.4)

Sec. 26-1029 - Indemnification and hold harmless agreement and liability insurance required.

Each sign application shall contain an agreement to indemnify and hold the city harmless of all damages, demands, or expenses which may in any manner be caused by the sign, or the sign's erection, continued existence, or removal. Each applicant shall present to the city upon request a certificate of liability insurance prior to the issuance of a sign permit.

(Ord. of 12-2003, §§ 19-6.1(c), 19-6.4)

Sec. 26-1030 - Expiration date.

A sign permit shall become null and void if the sign for which the permit was issued has not been completed within six months after the date of issuance; provided, however, that a six month extension of the permit may be granted by the building official.

(Ord. of 12-2003, § 19-6.3)

Sec. 26-1031 - Fees.

No permit should be issued until the appropriate application has been filed with the zoning board and the appropriate fee has been paid, which fees shall from time to time be established by the city council.

(Ord. of 12-2003, § 19-6.5)

Sec. 26-1032 - Electrical permits required.

All signs in the city using electrical wiring and connection shall require an electrical permit regardless of whether a sign permit is required under the provisions of this article.

Sec. 26-1033 - Appeal of permit denial.

Upon denial of an application for a sign permit, the applicant shall be given verbal notice or written notice within 15 days of the denial stating the reasons for denial of the permit. The aggrieved party may appeal any decision as provided in the manner as provided in this article.

(Ord. of 12-2003, § 19-6.7)

Sec. 26-1034 - Variances.

  1. By zoning administrator. Administrative variances to the requirements of this article may be granted by the zoning administrator, provided that any variance that is granted should conform to the intent and purpose of this article.
  2. By city council. Variances may be granted from the provision of this chapter by the city council as recommended by the zoning board and shall apply both to signs that are nonconforming as of the effective date of the ordinance from which this article is derived as well as the new signs erected thereafter.

(Ord. of 12-2003, § 19-6.8)

Sec. 26-1052 - Right of entry for inspection.

City enforcement personnel are hereby empowered to enter upon or into a building, structure, or premises upon which a sign is located for the purpose of inspecting the sign, or its structural and electrical connections, and to ensure compliance with the provision of this article.

(Ord. of 12-2003, § 19-6.6)

Sec. 26-1053 - Removal after notice.

  1. Authority. City enforcement personnel may order the removal of any sign in violation of this article.
  2. Notice required. Except as otherwise specifically provided in this division, notice of noncompliance shall be given to the permit holder or property owner, then to the owner of the sign, or, if the sign owner cannot be found or cannot be determined, notice shall be given to the sign erector or property owner, or any party associated with such sign.
  3. Grounds for order of removal generally. Except as otherwise provided herein with regard to invalid sign permits, the removal order shall be issued only after the appropriate party fails to comply with the terms of this article for seven working days after the receipt of written notice of noncompliance from the zoning board or other authorized enforcement personnel or within ten working days from the mailing of such notice, if no return receipt is received indicating acceptance.
  4. Removal resulting from invalid permit. City enforcement personnel may issue a removal order when it has been determined:
    1. That a permit was improperly issued as a result of misstatement of fact or fraud;
    2. That the sign has not been placed or constructed in compliance with the specifications of the application or site plans;
    3. That the sign permit has expired; or
    4. That the sign is otherwise not in compliance with the article.
  5. Automatic revocation of sign permit. If a permit was issued, a notice given under this division shall operate to revoke the permit.
  6. Appeal. An aggrieved party may appeal the removal order within ten working days from the date that the notice was received in the same manner as provided in this chapter for permit denials.
  7. Effect of failure to remove; removal by city; costs. If the sign is not removed within 30 days after the order of removal is delivered or mailed, or 45 days from the mailing of such notice if no return receipt is received indicating acceptance, or 30 days after the date any appeal becomes final, city enforcement personnel are authorized to remove the sign or cause this sign to be removed and to collect the costs thereof as provided in this division.

(Ord. of 12-2003, § 19-6.9)

Sec. 26-1054 - Removal without notice.

City enforcement personnel or any other authorized city agent may remove or direct the removal of any sign in violation of this article without giving notice to any party, if the sign is on the public right-of-way or other public property or the sign poses an immediate safety threat to the life or health of any member of the public.

(Ord. of 12-2003, § 19-6.9)

Sec. 26-1055 - Cost of removal.

  1. The removal or the cost of removal of any sign removed or ordered to be removed under this division shall be the responsibility of the sign owner without liability to the city, its officers, agents, servants and employees.
  2. If the sign owner cannot be found or cannot be determined, then the costs of removal shall be the joint and several responsibility of the sign erector or property owner or any other party associated with the placement of the sign.

(Ord. of 12-2003, § 19-6.9)

Sec. 26-1056 - Collection of unpaid costs.

If the sign is removed by the city and if payment is, or satisfactory arrangements to make payment are, not made by the property owner, sign erector, or owner within 30 days after the receipt of a statement for the costs of removal, city enforcement personnel shall certify the amount thereof for collection to the city attorney. The city shall be afforded all means available to remedy the collection of the reimbursable funds.

(Ord. of 12-2003, § 19-6.9)

Sec. 26-1057 - Disposition of unclaimed removed signs.

In the event any signs that are removed remain unclaimed for more than 60 days from the date of removal, the signs may be disposed of in accordance with state law.

(Ord. of 12-2003, § 19-6.9)

Sec. 26-1058 - Penalties.

Without limitation, sign erectors or owners, property owners or associated parties may be cited for the violation of any provision of this article and thereupon shall be subject to penalties provided in section 1-13.

(Ord. of 12-2003, § 19-6.9)