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Otsego City Zoning Code

CHAPTER 37

SIGNS

11-37-1: FINDINGS, PURPOSE AND EFFECT:

   A.   Findings: The City Council hereby finds as follows:
      1.   Exterior signs have a substantial impact on the character and quality of the environment.
      2.   Signs provide an important medium through which individuals may convey a variety of messages.
      3.   Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.
      4.   This Code has included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community.
   B.   Purpose And Intent: It is not the purpose or intent of this chapter to regulate the message displayed on any sign; nor is it the purpose or intent of this chapter to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this chapter is to:
      1.   Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare.
      2.   Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community.
      3.   Improve the visual appearance of the City, while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics.
      4.   Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City.
   C.   Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this chapter. The effect of this chapter, as more specifically set forth herein, is to:
      1.   Allow a wide variety of sign types in commercial zones and a more limited variety of signs in other zones, subject to the standards set forth in this chapter.
      2.   Allow certain small, unobtrusive signs incidental to the principal use of a site in all zoning districts, subject to the standards set forth in this chapter.
      3.   Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.
      4.   Provide for the enforcement of the provisions of this chapter. (Prior Code § 20-37-1)

11-37-2: SUBSTITUTION OF COPY:

The owner of any sign which is otherwise allowed by this chapter may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. (Prior Code § 20-37-2)

11-37-3: GENERAL PROVISIONS:

   A.   No signs, other than those of governmental jurisdictions, shall be permitted within public rights-of-way or roadway easements.
   B.   No sign or sign structure, unless otherwise regulated by this chapter, shall be closer to any lot line than ten feet (10'). On corner lots, no sign shall be located within the visibility triangle required by section 11-16-4 of this title.
   C.   No sign shall be placed within any drainage or utility easement.
   D.   No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council.
   E.   No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City building official.
   F.   No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress of any building or structure.
   G.   The installation of electrical signs shall be subject to the State Electrical Code. Electrical service to such sign shall be underground.
   H.   1. Illuminated signs shall comply with section 11-16-6 of this title and shall be shielded to prevent lights from being directed onto residential property, or at oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets and highways.
      2.   No sign may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness.
      3.   Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area.
      4.   All signs installed after October 22, 2012, shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this chapter.
      5.   The owner of any illuminated sign shall provide certification as to compliance with subsections H2 and H3 of this section to the City upon request by the Zoning Administrator.
   I.   Landscaping that accompanies signage must be approved by the Zoning Administrator with regards to installation, design and maintenance.
   J.   Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City building official or Zoning Administrator, shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands.
   K.   The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which a sign is located. (Prior Code § 20-37-3)

11-37-4: PERMITTED AND PROHIBITED SIGNS:

   A.   Permitted Signs: The following signs are allowed without issuance of a sign permit as provided by subsection 11-37-7A of this chapter:
      1.   In addition to the signs allowed by this section, two (2) signs not exceeding sixteen (16) square feet shall be allowed per lot.
      2.   In accordance with Minnesota Statutes section 211B.045, all noncommercial signs of any size may be posted in any number from August 1 until ten (10) days following the Tuesday after the first Monday of November of each year.
      3.   Window signs shall be allowed subject to the sign area allowances of the respective zoning districts; provided, that the sign not exceed twenty five percent (25%) of the total area of the window in which they are displayed.
      4.   Any signs in the public interest erected by, or on the order of public officers in the performance of their public duty, such as directional signs, regulatory signs, warning signs, and informational signs and all warning signs posted by public utilities whether or not such signs are in the public rights-of- way. (Prior Code § 20-37-4)
   B.   Prohibited Signs: The following signs are prohibited:
      1.   Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal unless required by this chapter or this Code.
      2.   All signs over two hundred (200) square feet in area, except within the INS District.
      3.   Off premises signs.
      4.   Balloon signs.
      5.   Content classified as "obscene" as defined by Minnesota Statutes section 617.241.
      6.   Dynamic display signs, including but not limited to electronic changeable copy, electronic graphic display, and/or video display signs except as specifically allowed by this chapter.
      7.   Flashing signs.
      8.   Motion signs.
      9.   Multivision signs.
      10.   Portable signs including signs on or attached to equipment such as vehicles, semi-truck trailers or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis.
      11.   Roof signs.
      12.   Rotating signs.
      13.   Shimmering signs.
      14.   Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures.
      15.   Only those signs installed at the direction of the Minnesota Department of Transportation, Wright County or the City of Otsego shall be located within public rights-of-way. (Ord. 2018-02, 4-9-2018)

11-37-5: SIGNS IN ZONING DISTRICTS:

   A.   Regulations for agricultural zoning districts as defined by section 11-50-1 of this title are as follows: (Prior Code § 20-37-5)
      1.   All signs as outlined in subsection 11-37-4A of this chapter are allowed.
      2.   One sign is allowed; provided, that: (Prior Code § 20-37-5; amd. 2018 Code)
         a.   The area of the sign shall not exceed sixty four (64) square feet.
         b.   Freestanding signs shall be limited to a maximum height of eight feet (8').
      3.   In addition to the signs allowed by subsections A1 and A2 of this section, one sign shall be allowed subject to the following provisions:
         a.   The area of the sign shall not exceed thirty two (32) square feet.
         b.   Freestanding signs shall not exceed a maximum height of eight feet (8').
         c.   The sign shall be displayed for not more than twenty one (21) days within a calendar year, except by interim use permit.
      4.   Forestry, nursery, greenhouse and tree farm uses shall be allowed the following signs:
         a.   Total Area: The total area of all signs displayed on a lot shall not exceed fifteen percent (15%) of the total building facade fronting not more than two (2) public streets. (Prior Code § 20-37-5)
         b.   Freestanding: Not more than one double sided freestanding sign is allowed. The sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty feet (20'); except, that for signs within the Freeway Corridor District, the sign area shall not exceed two hundred (200) square feet each side with a maximum height of fifty feet (50'). (Prior Code § 20-37-5; amd. 2018 Code)
         c.   Wall, Canopy Or Marquee: Wall, canopy, or marquee signs shall be permitted on one facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street. The area of individual signs shall not exceed one hundred (100) square feet; except, that for signs within the Freeway Corridor Districts, the area of signs installed on the facade of a principal building fronting to a principal arterial roadway shall not exceed two hundred (200) square feet.
   B.   Regulations for residential zoning districts as defined by section 11-50-1 of this title are as follows: (Prior Code § 20-37-5)
      1.   All signs as outlined in subsection 11-37-4A of this chapter are allowed.
      2.   One sign is allowed; provided, that: (Prior Code § 20-37-5; amd. 2018 Code)
         a.   The area of the sign shall not exceed sixty four (64) square feet.
         b.   Freestanding signs shall be limited to a maximum height of eight feet (8').
      3.   In addition to the signs allowed by subsections B1 and B2 of this section, one sign shall be allowed subject to the following provisions:
         a.   The area of the sign shall not exceed thirty two (32) square feet.
         b.   Freestanding signs shall not exceed a maximum height of eight feet (8').
         c.   The sign shall be displayed for not more than twenty one (21) days within a calendar year, except by interim use permit.
   C.   Regulations for business and industrial zoning districts as defined by section 11-50-1 of this title are as follows:
      1.   Total Area: The total area of all signs displayed on a lot shall not exceed fifteen percent (15%) of the total building facade fronting not more than two (2) public streets.
      2.   Freestanding: Not more than one double sided freestanding sign. The sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty feet (20').
      3.   Wall, Canopy Or Marquee: Wall, canopy, or marquee signs shall be permitted on one facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street with the area of individual signs shall not exceed one hundred (100) square feet.
      4.   Multiple Principal Buildings And Multiple Tenant Buildings: When property is developed with two (2) or more principal buildings on one property or a principal building has more than two (2) tenants each with an exclusive exterior entrance, signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements:
         a.   A comprehensive sign plan is submitted that includes all of the following information:
            (1)   A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs and any other physical features of the area included within the proposed comprehensive sign plan.
            (2)   Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy or marquee signs.
            (3)   To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors and means of illumination (if any).
            (4)   No permit shall be issued for a new or replacement sign for an individual use except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan for the site.
         b.   One temporary sign as provided by subsection C6c of this section shall be allowed for each tenant; provided, that only one such sign per property is displayed at any time.
      5.   Adjoining Properties: Separate commercial and industrial uses on adjoining properties with a common lot line may each locate a sign on one freestanding structure subject to approval by the Zoning Administrator; provided, that:
         a.   The area of each of the individual business signs shall be consistent with the applicable district provisions in this subsection C.
         b.   The height of the freestanding sign may be increased by ten feet (10') above the applicable district provisions in this subsection C.
         c.   The maximum number of signs displayed on a single structure is two (2).
         d.   No additional freestanding signs shall be displayed on the individual properties except secondary freestanding signs as may be allowed by subsection C6 of this section.
         e.   An agreement addressing construction, maintenance, and repair responsibilities and access rights is established and filed with the Wright County Recorder against the titles of the two (2) properties involved in the collocated freestanding sign prior to issuance of a sign permit. Amendment or cancellation of the agreement shall be allowed only upon written approval by the Zoning Administrator.
      6.   Additional Signs:
         a.   One additional double sided freestanding sign shall be allowed for lots abutting an arterial or collector street but to which there is no driveway access subject to the following:
            (1)   The sign shall be located in a yard abutting the street to which the lot has access.
            (2)   The maximum area of the sign shall be sixty four (64) square feet.
            (3)   The maximum height of the sign shall be fifteen feet (15').
         b.   Additional double sided sign(s) shall be allowed subject to the following:
            (1)   The maximum area of the sign shall be four (4) square feet.
            (2)   The maximum height of the sign shall be three feet (3').
            (3)   The signs shall be set back a minimum of ten feet (10') from front and side lot lines and spaced a minimum of fifteen feet (15') between signs.
         c.   One sign shall be allowed on a temporary basis subject to the following provisions:
            (1)   The area of the sign shall not exceed thirty two (32) square feet.
            (2)   Freestanding signs shall not exceed a maximum height of eight feet (8').
            (3)   The sign shall be displayed for not more than twenty one (21) days within one calendar year, except by interim use permit.
   D.   Regulations for institutional zoning districts as defined by section 11-50-1 of this title are as follows: (Prior Code § 20-37-5)
      1.   All signs as outlined in subsection 11-37-4A of this chapter are allowed.
      2.   Not more than one double sided freestanding sign is allowed. Sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty feet (20'). (Prior Code § 20-37-5; amd. 2018 Code)
      3.   Wall, canopy, or marquee signs shall be permitted on any facade fronting a public street. There shall be no limit as to the area of individual signs. (Prior Code § 20-37-5)
      4.   In addition to the signs allowed by subsections D1, D2, and D3 of this section, one sign shall be allowed subject to the following provisions: (Prior Code § 20-37-5; amd. 2018 Code)
         a.   The area of the sign shall not exceed thirty two (32) square feet.
         b.   Freestanding signs shall not exceed a maximum height of eight feet (8').
         c.   The sign shall be displayed for not more than twenty one (21) days within one calendar year, except by interim use permit. (Prior Code § 20-37-5)

11-37-6: SPECIAL USE REGULATIONS:

   A.   Area Identification Signs: Signs at the entrance to an area or subdivision from collector or arterial street defined by the Otsego Comprehensive Plan shall be allowed; provided, that:
      1.   Not more than one sign shall be allowed at each entrance from a collector or arterial street.
      2.   a. For agricultural and residential districts, the area of each sign shall not exceed thirty two (32) square feet.
         b.   For business, industrial or institutional districts, the area of each sign shall not exceed two hundred (200) square feet.
      3.   a. For agricultural and residential districts, the maximum height of each sign shall be eight feet (8').
         b.   For business, industrial and institutional districts, the maximum height of each sign shall be twelve feet (12').
      4.   Signs shall be located on outlots of sufficient size and area to accommodate said structure. An association or other form of deed restriction and ownership deemed acceptable by the City Council and involving all the properties within the designated area shall be required, which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities and other costs associated with the sign(s) and the outlot upon which it is located. The association rules or bylaws, or similar legal document, shall specify how the aforementioned sign responsibilities will be delegated and paid for. Such legal document shall be subject to the review and approval of the City Attorney.
      5.   Outlots for signs shall be considered and planned for at the time of preliminary plat application and be included in the final plat. The subdivision development contract between the City and the developer shall specify the designated use of the outlot, its ownership and the respective responsibilities regarding the outlot.
      6.   The outlot area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to City Council review and comment.
      7.   The design and construction of area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Area identification signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to City Council review and approval.
      8.   The City reserves the right to require the removal, at the owner's expense, of any sign when the requirements of this section are not completely followed and adhered to, or if the sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign when removed by the City.
   B.   Motor Fuel Station: Signs for motor fuel stations shall be regulated by the sign provisions for the zoning district in which the station is located; except, that a sign not to exceed thirty two (32) square feet shall be allowed to display current fuel prices in accordance with Minnesota State Statutes section 239.751.
   C.   Planned Unit Development District: Within a Planned Unit Development District as defined by section 11-50-1 of this title, sign allowances shall be based upon the individual uses and structures within the development in compliance with the standards applied for the conventional zoning district where such uses are allowed. (Prior Code § 20-37-6)
   D.   Changeable Copy Signs:
      1.   For commercial and industrial uses, one sign with a maximum area of forty (40) square feet of changeable copy (but not including electronic changeable copy signs) shall be allowed per site, provided that the changeable copy area of the sign is integrated into the allowed freestanding sign for the respective zoning district.
      2.   Within the INS District, one dynamic display sign may be allowed provided that:
         a.   Operation: The operation of the electronic sign shall require issuance of a license pursuant to title 4, chapter 11 of this Code.
         b.   Location:
            (1)   The sign shall be displayed only in a yard abutting an arterial, residential collector, or commercial/industrial collector street as defined by the Comprehensive Plan.
            (2)   The sign shall be set back a minimum of fifty feet (50') from any side or rear lot line abutting a residential district.
         c.   Sign Structure:
            (1)   The electronic dynamic display shall be incorporated as part of the freestanding sign allowed by subsection 11-37-5D of this chapter.
            (2)   The sign including the dynamic display element shall be a monument sign constructed as follows with a base extending horizontally for a minimum of the entire width of the sign face; the sign base and supporting material constructed of stone, brick, or decorative masonry shall be equal to at least forty percent (40%) of the total sign area, but shall not be counted toward the sign area and shall not contain any sign copy.
            (3)   The total height of the sign structure including the base shall not exceed sixteen feet (16'). (Ord. 2018-02, 4-9-2018)
   E.   Time And Temperature Sign: Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located and Minnesota Statutes section 173.16, subdivision 3.
   F.   Freeway Corridor District: Uses within business and industrial districts located within the Freeway Corridor District defined by this subsection shall be allowed the following signs:
      1.   Boundaries:
         a.   I-94 Corridor: The Freeway Corridor District surrounding the I-94 corridor shall include those parcels located within two thousand six hundred forty feet (2,640') of the I-94 right-of- way.
         b.   TH 101 Corridor: The Freeway Corridor District surrounding the TH 101 corridor shall include those parcels meeting at least one of the following criteria:
            (1)   Land located within six hundred sixty feet (660') of the right-of-way for TH 101 or land within that area between the rights-of-way of Quaday Avenue and TH 101 and lands between the rights-of-way of Queens Avenue and TH 101, whichever is more restrictive.
            (2)   Those lots abutting the east right-of-way line of Queens Avenue between 53rd Street (CSAH 36) and 70th Street (CSAH 37). (Prior Code § 20-37-6)
            (3)   Those lots developed with convenience food, hotel, motor fuel and restaurant uses located between the rights-of-way of Parrish Avenue, River Road and Quaday Avenue west of TH 101 or located between the rights-of-way of River Road and Queens Avenue east of TH 101. (Prior Code § 20-37-6; amd. 2018 Code)
      2.   Sign Area: The total area of all signs displayed on a lot shall not exceed fifteen percent (15%) of the total building facade fronting not more than two (2) public streets. (Prior Code § 20-37-6)
      3.   Freestanding Sign:
         a.   One double sided freestanding sign shall be allowed subject to the following: (Prior Code § 20-37-6; amd. 2018 Code)
            (1)   The maximum area of the sign shall be two hundred (200) square feet each side.
            (2)   The maximum height of the sign shall be:
               (A)   Fifty feet (50'); or
               (B)   Seventy feet (70') or twenty feet (20') above the elevation of the nearest interchange with TH 101 for properties with an elevation below the elevation of TH 101 measured at the centerline of the right-of-way perpendicular to the sign location, whichever is less. (Prior Code § 20-37-6)
         b.   One additional double sided freestanding sign shall be allowed subject to the following: (Prior Code § 20-37-6; amd. 2018 Code)
            (1)   The sign shall be located in a yard abutting the street to which the lot has access.
            (2)   The maximum area of the sign shall be sixty four (64) square feet.
            (3)   The maximum height of the sign shall be fifteen feet (15').
      4.   Wall, Canopy Or Marquee:
         a.   Wall, canopy, or marquee sign(s) shall be permitted on one facade, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades.
         b.   The area of individual signs shall not exceed two hundred (200) square feet.
      5.   Area Identification Signs: One sign located in a yard abutting the TH 101 or I-94 rights-of-way shall be allowed for a minimum of three (3) or more lots all of which are located within the Freeway Corridor District; provided, that:
         a.   The sign is allowed in lieu of individual signs as provided by subsection F3a of this section.
         b.   The maximum area of each sign shall not exceed three hundred twenty (320) square feet.
         c.   The maximum height of the sign shall be:
            (1)   Fifty feet (50'); or
            (2)   Seventy feet (70') or twenty feet (20') above the elevation of the nearest interchange with TH 101 for properties with an elevation below the elevation of TH 101 measured at the centerline of the right-of-way perpendicular to the sign location, whichever is less.
         d.   Signs shall be located on outlots or within private easements of sufficient size and area to accommodate said structure.
         e.   An association or other form of deed restriction and ownership deemed acceptable by the City Attorney and recorded with the title of each property within the designated area prior to issuance of a sign permit shall be required, which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities and other costs associated with the sign(s) and the outlot upon which it is located. The association rules or bylaws, or similar legal document, shall specify how the aforementioned sign responsibilities will be delegated and paid for. (Prior Code § 20-37-6)

11-37-7: PERMIT REQUIREMENTS; INSPECTION AND REMOVAL:

   A.   Permit Required; Exceptions: Except as provided in subsection 11-37-4A of this chapter, no sign or structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the Zoning Administrator.
      1.   Application For Permit: The following information for a sign permit shall be supplied by an applicant upon submission of a sign permit application:
         a.   Name, address and telephone number of the person making the application.
         b.   Name, address and telephone number of the person owning the sign.
         c.   Name, address, telephone number and signature of the person owning the property upon which the sign is to be located.
         d.   A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features.
         e.   Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground.
         f.   Landscape plans for area around signs.
         g.   Written consent of the owner or lessee of any site on which the sign is to be erected.
         h.   Any electrical permit required and issued for the sign.
         i.   Future maintenance plans.
         j.   Sign value.
         k.   The applicant shall certify that the application is in full compliance with this title and all other applicable provisions of this Code.
      2.   Processing Of And Action On Permit:
         a.   Within fifteen (15) working days of receiving an application for a sign permit, the Zoning Administrator shall review it for completeness. If the application is complete, it shall then be processed. If the Zoning Administrator finds that it is incomplete, the Zoning Administrator shall, within such fifteen (15) working day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this title and/or this Code.
         b.   Upon receipt of a complete application, the Zoning Administrator shall review and comment upon the application and shall either:
            (1)   Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this title and this Code.
            (2)   Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this title and this Code.
         c.   In case of a rejection, the building official shall specify in the rejection the section or sections of this title and/or this Code with which the sign(s) is inconsistent.
         d.   If the work authorized under a permit has not been initiated within sixty (60) days after the date of issuance, the permit shall be null and void.
      3.   Permit Fees: Fees for the review and processing of sign permit applications shall be imposed in accordance with section 3-1-2 of this Code.
   B.   Inspections: All signs shall be subject to inspection by the Zoning Administrator and/or building official.
   C.   Removal Of Signs:
      1.   The Zoning Administrator and/or building official shall order the removal of any illegal nonconforming sign erected or maintained in violation of this title. Notice in writing shall be given by the City to the owner of such sign, or of the building, structure or property on which such sign is located, to remove the sign or to bring it into compliance with the provisions of this chapter within fifteen (15) days from the date of said notice.
      2.   Upon failure to remove the sign or to comply with this notice, the City may remove the sign. Any costs 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 ordinary debt or in the manner of taxes, and all costs shall be assessed against the property.
      3.   The Zoning Administrator and/or building official may order the immediate removal of any sign without notice which is in violation of the following:
         a.   Signs located within the public right-of-way.
         b.   Temporary signs that have exceeded the time limits allowed in this chapter.
         c.   The condition of the sign is such as to present an immediate threat to the safety of the public. (Prior Code § 20-37-7)

11-37-8: NONCONFORMING SIGNS AND USES:

   A.   Nonconforming Signs: Any nonconforming on premises sign lawfully existing upon the effective date hereof may be continued at the size and in the manner existing upon such date, subject to the following provisions:
      1.   Maintenance And Repair: Nothing in this chapter shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance, and repair of signs; provided, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. Illegal, nonconforming signs shall be removed by the property owner within ten (10) days of notice from the City.
      2.   Prohibited Alterations: A nonconforming sign may not be:
         a.   Structurally altered except to bring it into compliance with the provisions of this chapter.
         b.   Enlarged.
         c.   Reestablished after its removal or discontinuance.
         d.   Repaired or otherwise restored, unless the damage is to less than fifty percent (50%) of the sign structure value as determined by the Zoning Administrator.
         e.   Replaced (applies to structure only and not message).
   B.   Nonconforming Uses: When the principal use of land is legally nonconforming under this title, all existing or proposed signs in conjunction with that land, unless otherwise provided by this title or this Code, shall be considered conforming if they are in compliance with the sign provisions for the zoning district in which the principal use is allowed. (Prior Code § 20-37-8)