Owensville City Zoning Code
ARTICLE V
Sign Regulations
Section 400.480 Regulations.
[R.O. 2011 § 400.480; Ord. No. 1161 § 1, 11-18-2013]
A.
Purpose. It is the purpose of this Section to regulate and control the location, installation, number, and maintenance of signs and matters relating thereto within the City of Owensville in order to promote the public safety, health, and general welfare of the community except when preempted by State or Federal law.
B.
Intent. It is the intent of this Section to:
1.
Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the City.
2.
Provide a desirable and attractive living environment through harmonious and uniform signage.
3.
Accommodate the identification and communication needs of businesses and other organizations.
4.
Enable the public to easily locate goods, services, and facilities in the City.
5.
Acknowledge diverse needs businesses and organizations have for signage with rules adaptable to varying circumstances.
6.
Permit artistic freedom while controlling the adverse impacts of excessively obtrusive signage.
C.
Overall Design Requirements. Signs shall meet the following design requirements:
1.
Signs shall legibly convey their messages without being distracting or unsafe to those reading them.
2.
Signs shall be designed not to compete with one another, but to contribute to the convenience of the public and the attractiveness of the streetscape.
3.
Signs shall be an integral architectural element of the buildings and sites that they identify.
4.
Signs shall be consistent with, and not detract from, the overall character of the buildings and sites that they identify.
5.
Signs shall be carefully crafted, durable, and consistent with the quality and permanence of the buildings and sites that they identify.
D.
Scope.
1.
The provisions of this Section shall govern the installation, alteration, and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure, and fire safety.
2.
This Section generally regulates only the sign structure or design, and not the sign's content and is not intended to prohibit any sign otherwise permitted by Federal or State law. For example, pole-mounted signs are regulated only by size, height, location, structure, and lettering size. The references to sign structure and sign copy have no bearing on the sign's content, message or viewpoint.
Section 400.490 Signs In Residential Districts.
[R.O. 2011 § 400.490; Ord. No. 1161 § 1, 11-18-2013]
A.
Subject to limitations hereinafter set forth, only the following signs shall be permitted in residential districts:
1.
Church bulletin boards;
2.
Construction signs;
3.
Directional signs;
4.
Institutional or government signs;
5.
Memorial signs or tablet signs;
6.
Political signs;
7.
Real estate signs;
8.
Special displays;
9.
Subdivision map signs;
10.
Subdivision real estate signs;
11.
Subdivision signs;
12.
Official governmental flags; and
13.
Signs not exceeding two (2) square feet in sign face per side or a height of four (4) feet from the ground, which signs prohibit trespassing or indicate privacy of premises, driveways or roads.
Section 400.500 Non-Residential Signs.
[R.O. 2011 § 400.500; Ord. No. 1161 § 1, 11-18-2013]
A.
Subject to the limitations set forth, only the following signs shall be permitted within business, commercial or industrial zoning districts:
1.
All signs and flags permitted in residential districts;
2.
Attached signs;
3.
Monument signs;
4.
Hanging signs;
5.
Illuminated signs;
6.
Marquee, canopy and/or awning signs;
7.
Occupation and/or identification signs;
8.
Permanent window signs;
9.
Temporary window signs;
10.
Projecting signs;
11.
Temporary signs;
12.
Pole signs (not allowed in "OT" or "OTC" Districts); and
13.
Banners.
Section 400.510 Prohibited Signs.
[R.O. 2011 § 400.510; Ord. No. 1161 § 1, 11-18-2013]
A.
The following types of signs shall be prohibited in the City:
1.
Any permanent sign which does not meet the flammability test of approved combustible plastic;
2.
Flashing signs;
3.
Fluttering signs, except official government flags and one (1) official company flag per business, provided that such company flag shall not be larger than any official government flag displayed on the same property nor shall such company flag be larger than thirty-five (35) square feet. Nothing in these regulations shall prohibit any person from displaying flags representing special awards or flags of other governments, provided that such flags are approved by a resolution of the Board of Aldermen. Exception: banners which meet the requirements of Section 400.530(A)(23);
4.
Moving signs;
5.
Roof signs;
6.
Portable signs; and
7.
Off-premises signs.
Section 400.520 Non-Conforming Signs.
[R.O. 2011 § 400.520; Ord. No. 1161 § 1, 11-18-2013]
A.
Any sign legally existing on the effective date of this Chapter shall be exempt from this Chapter according to the following:
1.
No non-conforming sign shall be enlarged, extended, reconstructed or structurally altered, except as may be required by law.
2.
No non-conforming sign shall be moved to any other portion of the lot or parcel occupied by such a sign.
3.
Any non-conforming sign damaged to the extent of more than sixty percent (60%) of its reconstruction value, exclusive of the foundations, at the time of damage by fire, explosion, war, riot or act of God, shall not be restored or reconstructed as before such happening. However, if less than sixty percent (60%) of such a sign is damaged above the foundation, it may be restored or reconstructed, provided that such restoration or reconstruction is done within four (4) months of such happening, and is done with like or similar materials and size.
4.
When the use of a non-conforming sign has been discontinued or abandoned for six (6) months, the sign shall be removed in accordance with Section 400.580, except that portable signs or flashing signs which have been discontinued or abandoned for a period of seven (7) days shall be removed in accordance with Section 400.580.
5.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any sign or part thereof declared to be unsafe by any official charged with protecting the public safety upon the order of such official.
6.
On any sign that is non-conforming, work may be done on ordinary repairs, or on the repair of non-structural members or wiring, provided that the sign does not further depart from the regulations of this Chapter.
Section 400.530 Standards For Signs.
[R.O. 2011 § 400.530; Ord. No. 1161 § 1, 11-18-2013]
A.
The following standards and conditions shall be applicable to the signs listed herein, except when preempted by law:
1.
Church bulletin boards shall not exceed twenty-four (24) square feet in sign area or eight (8) feet in height at ground level at the point of erection. Any such sign shall not be less than ten (10) feet from any property line.
2.
Construction signs shall be subject to the following restrictions:
a.
One (1) such sign, not exceeding twenty-four (24) square feet in surface area and not exceeding eight (8) feet in height above street level, shall be permitted on the work site of each street frontage not closer than ten (10) feet to the street right-of-way. The sign shall be removed upon completion of the work.
b.
Signs identifying mechanics, painters, architects, engineers and similar artisans and workmen, which signs are attached to or on trailers on the site of construction, shall be permitted, provided that upon completion of the project the trailer must be removed as quickly as practicable. These trailers shall not be located closer than ten (10) feet to the street right-of-way if such signs are visible from the street right-of-way.
3.
Directional signs shall be subject to the following restrictions:
a.
Such signs shall contain symbols, arrows or appropriate wording to indicate points of appropriate ingress or egress or other pertinent traffic directions, including the following words:
(1)
"Entrance" or "entrance only";
(2)
"One-way";
(3)
"Exit" or "exit only";
(4)
"Do not enter";
(5)
"No exit" or "no entrance";
(6)
"Drive-in window";
(7)
"Right turn only" or "no left turn";
(8)
"Loading area," "parcel pickup area" or "loading zone";
(9)
"Service vehicles only" or "no trucks"; and
(10)
The street address and/or name of the business center or development, the name of the use or building, or a trademark, logo or similar matter, provided that not more than fifty percent (50%) of the sign area is used for this purpose.
b.
The Planning and Zoning Commission may adopt and, if adopted, may publish standards or prototypes for directional signs to promote uniformity of directional signage in the City. If adopted and approved by the Board of Aldermen, such provisions shall become mandatory, and all such signs shall be brought into conformity as set forth in this Section.
c.
Such signs shall not exceed six (6) square feet in sign area per side, nor more than two (2) such signs per entry/exit, unless such entry/exit is divided by a raised median, in which case each side shall be treated as a separate entry or exit.
d.
Such signs shall not be greater than three and one-half (3 1/2) feet in total height above the elevation of the adjacent driveway at the point where it meets the street right-of-way.
4.
Institutional/government signs shall be subject to the following restrictions:
a.
Such signs shall not be over twenty-four (24) square feet in sign area, nor exceed a total height of eight (8) feet above grade at the base.
b.
Not more than one (1) sign shall be placed on each road frontage.
c.
Such signs shall be located only on the property of a governmental agency or on not-for-profit institutional property.
d.
Such signs shall be located not closer than ten (10) feet to any property line.
5.
Memorial signs or tablet signs shall be subject to the following regulations:
6.
Political signs shall be subject to the following regulations:
a.
Such signs shall be not greater than six (6) square feet in sign area per sign face.
b.
Such signs shall be posted only on private property with the permission of the property owner or lessee.
c.
Such signs shall not be placed prior to the opening of the filing period for such office sought by the political candidate or in the case of a tax issue or bond approval, such sign may not be placed prior to the applicable Governing Body filing its application to place the action on the ballot for an upcoming election. In either of the above cases, the sign shall be removed not later than seven (7) days after the election to which they pertain is held.
d.
Nothing contained herein shall preclude the placement of signs, conforming hereto, on private property which are considered to contain speech protected by the Constitution of the United States.
7.
Real estate signs shall be subject to the following regulations:
a.
Such signs shall be non-illuminated.
b.
There shall be not more than one (1) sign on each lot frontage.
c.
Such signs shall be not closer than ten (10) feet to any property line.
d.
Such signs shall be not greater than six (6) square feet per sign face in residential districts or twenty-four (24) square feet per sign face in all other districts.
e.
Such signs shall be removed within ten (10) days of the sale closing or lease initiation date.
8.
Special displays shall be subject to the following regulations:
a.
Temporary signs pertaining to special events may be displayed by any church, not-for-profit institution or government agency, provided that such signs are not displayed for longer than fifteen (15) days, and provided that no such sign shall be permitted more often than once each forty-five (45) days.
b.
Businesses may display temporary signs for not longer than thirty (30) days, provided that such signs are authorized by permit, issued by the Code Enforcement Officer. Exception: banners which meet the requirements of Section 400.530(A)(23).
9.
Subdivision map signs shall be subject to the following regulations:
a.
Such signs may be located on private or public property, provided that vision is not obstructed at an intersection.
b.
Such signs shall be easily readable from a stopped vehicle at the curb.
c.
Such signs shall not exceed twenty-four (24) square feet in sign face area, not including the sign support structure.
d.
Such signs may be illuminated, provided that such illumination does not shine directly onto an adjacent residence nor interfere with vehicular traffic.
10.
Subdivision real estate signs shall not exceed twenty-four (24) square feet per sign face, shall be maintained in good repair and shall be removed within thirty (30) days of the sale of the last home or lot advertised in the subdivision, subject to the following conditions:
11.
Subdivision identification signs shall be subject to the following regulations:
a.
Such signs shall be located at least twenty (20) feet from the curb line of adjacent streets in the right-of-way or on private property abutting such adjacent streets, provided that the Planning and Zoning Commission may alter the minimum setback if it finds that doing so is in the public interest and will not create unsafe conditions.
b.
Such signs may be illuminated, provided that such illumination does not shine directly onto adjacent residences or interfere with vehicular traffic.
c.
Such signs shall not be greater than two hundred (200) square feet in sign face area but not to exceed six (6) feet in height.
12.
Official government flags shall be subject to the following regulations:
a.
Such flags may be flown at all times, subject to the guidelines concerning their use as set forth by the government which they represent.
b.
Such flags may be illuminated.
c.
For the purpose of this Chapter, flags of the United States, the State and the City are considered as official governmental flags.
d.
Not more than three (3) flags may be flown from a single flagpole at any one time.
e.
No flag shall exceed sixty (60) feet in height from the elevation of the ground at the building line.
f.
No flag shall exceed one hundred twenty (120) square feet.
13.
Attached signs shall be subject to the following regulations:
a.
Such signs shall include both wall signs and projecting signs.
b.
Such signs shall not extend horizontally beyond the plane of the wall to which they are attached more than twenty-four (24) inches.
c.
Such signs shall not exceed a total of fifteen percent (15%) of the side of the building or unit [maximum of one hundred fifty (150) square feet] to which they are attached. However, where more than one (1) side of a building or unit is used for signing, then the limitation shall be five percent (5%) for each side used, except as set forth in Sections 400.540 and 400.550.
d.
Such signs shall not project greater than twenty-four (24) inches above the parapet wall or roofline.
e.
Such signs shall maintain a clearance of at least ten (10) feet above the ground or pavement.
f.
Such signs shall not exceed thirty-five (35) feet above the grade level of the fronting street.
g.
Such signs shall be constructed and braced to withstand a pressure of not less than thirty (30) pounds per square foot of exposed surface and shall be securely attached to the building or wall.
14.
Marquee, canopy and awning signs shall be subject to the following regulations:
a.
Such signs shall not exceed four (4) feet in height of sign area.
b.
Such signs shall meet the same standards of strength as an attached sign.
c.
Such signs shall maintain a clearance of at least ten (10) feet above the ground or pavement.
d.
Awning signs shall be painted or otherwise permanently affixed to the awning.
15.
Occupational or identification signs shall be attached signs and shall be subject to the following regulations:
16.
Ground signs shall be subject to the following regulations:
a.
Such signs shall be located in any required setback area but not closer than one-third (1/3) of the required setback distance from the property line. No sign shall be located closer than ten (10) feet to any property line.
b.
Such signs shall be located so as not to obstruct vision at an intersection or a vehicular entry or exit from the property.
c.
Such signs may be supported by post or poles that do not exceed a height of three (3) feet. The sign shall not exceed a height of four (4) feet.
d.
Such signs shall not exceed ten percent (10%) of the surface of the building wall which they are in front of or relate to, provided that the total of all permanent attached signs and ground signs on a frontage shall not exceed fifteen percent (15%) of the wall surface facing such frontage, except as otherwise provided in Section 400.550.
e.
Landscaping shall be placed at the base of and around any ground sign for a distance equal to at least one-half (1/2) the total height of the sign or three (3) feet, whichever is greater.
17.
Hanging signs shall be permitted in addition to all other signs, provided that such signs do not exceed three (3) square feet per sign face.
18.
Projecting signs shall be governed by all restrictions regarding attached signs.
19.
Temporary signs shall be governed by the restrictions concerning construction signs, temporary window signs, political signs, real estate signs, subdivision real estate signs or special display signs, according to the use to which the temporary sign is being put.
a.
A permit for a temporary subdivision real estate sign shall be necessary prior to erection.
20.
Wall signs shall be governed by the restrictions concerning attached signs.
21.
Temporary and permanent window signs shall be subject to the following regulations:
a.
Such signs shall not cover more than thirty percent (30%) of the window or glass door to which they are applied.
b.
All signs in one (1) window shall be deemed to be one (1) sign for the purpose of this Subsection.
c.
Temporary window signs shall be maintained in good repair, shall be displayed for not longer than forty-five (45) days and shall have the most recent date of installation clearly shown on the sign in two-inch-high letters placed in the bottom-right-hand corner on the front of the sign.
d.
Permanent window signs shall be painted, metal-leafed or in some other manner permanently applied to either side of an exterior window or door.
e.
A permanent window sign shall be calculated with the total square footage of signs permitted per building side, but a temporary window sign shall not be so counted.
22.
Pole signs shall be subject to the following regulations:
a.
Not more than one (1) pole sign shall be erected on any one (1) street frontage.
b.
The bottom of the sign shall be at least ten (10) feet above the main ground level on which the sign is placed and shall not exceed a height of twenty (20) feet to the top of the sign above the ground level, except for properties contiguous with Highways 28 and 19 right-of-way, on which properties the maximum height is thirty-five (35) feet.
c.
Pole signs shall be located not closer than ten (10) feet to any right-of-way.
d.
Sign area shall not exceed one hundred (100) square feet, except for signs on properties which are contiguous with Highways 28 and 19 right-of-way, which may be up to one hundred fifty (150) square feet.
23.
Banner signs shall be subject to the following regulations:
a.
Not more than one (1) banner shall be permitted per business at any time.
b.
Banners for multi-tenant buildings must be secured to the actual tenant space.
c.
Sign area shall not exceed ten percent (10%) of the surface area of the building wall which they are in front of or relate to, or one hundred fifty (150) square feet, whichever is less.
d.
Permits are required for all banner signs.
e.
Signs shall not be erected for more than thirty (30) days continuous or more than sixty (60) days per calendar year aggregate.
f.
Signs shall be secured such that no edge or corner is allowed to flap loosely.
24.
Billboards. The erection, construction and placement of billboards shall be subject to the following regulations. These regulations are in addition to all other requirements and regulations contained in this Section unless specifically excluded from any particular provision:
a.
Billboards shall only be allowed in areas which are zoned commercial or industrial and on property which touches or is adjacent to interstate or primary highways, as such terms are defined by Missouri law. In no event shall billboards be permitted at a distance greater than six hundred sixty (660) feet from the right-of-way of an interstate or primary highway.
b.
Billboards shall not be allowed any closer than sixty (60) feet to the nearest edge of the right-of-way of any interstate or primary highway.
c.
Billboards shall be oriented toward traffic on the interstate or primary highway which is adjacent to the property upon which the billboard is situated.
d.
No billboard shall be erected closer than five hundred (500) feet to any area zoned "R-1," "R-1A," "R-2," "R-3" or "R-4."
e.
No billboard shall be erected closer than five hundred (500) feet to any residential structure.
f.
No billboard shall be erected within five hundred (500) feet of any church, school, public building or structure (to include but not necessarily limited to governmental centers, libraries or stadiums).
g.
No billboard shall be erected within five hundred (500) feet of any historical site or historical district so designated by the Federal, State or City Government.
h.
No billboard shall be erected within one hundred (100) feet of any on-premises freestanding or pole sign.
i.
No billboard shall be erected within five hundred (500) feet of an interchange or intersection at grade. Such five hundred (500) feet shall be measured from the beginning or ending of the pavement widening at the exit or entrance to the main traveled highway.
j.
The surface size of any billboard shall not exceed the size restrictions set forth in Section 226.540(2), RSMo., as amended.
k.
The maximum height of a billboard shall be seventy-five (75) feet above the surface level of the adjoining interstate or primary highway.
l.
External lighting of billboards, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed toward any residential structure or into any portion of the main traveled way of the interstate or primary highway and the lights are not of such intensity so as to interfere with the residential use of property or to cause glare, impair the vision of the driver of a motor vehicle or otherwise interfere with a driver's operation of a motor vehicle.
m.
No billboard shall have wind-activated elements or similar component which might tend to interfere with the safe operation of motor vehicles.
n.
No billboard, whether lighted or not, shall be erected so as to obscure or interfere with a driver's operation of a motor vehicle or in any other manner constitute a safety hazard. Any billboard which is erected in accordance with the provisions of this Section and which shall at any time thereafter be found to obstruct vision or constitute a safety hazard as may be determined by the Board of Aldermen shall be removed. The removal of any such billboard shall only occur after a hearing before the Board of Aldermen wherein the owner of any such billboard shall be given the opportunity to be heard. If the Board of Aldermen, after viewing all the evidence submitted, finds that any such billboard obstructs vision and/or in any other manner constitutes a safety hazard, the owner thereof shall be given sixty (60) days to remove the offending billboard. Appeals from the finding by the Board of Aldermen shall be controlled as hereinafter set forth.
o.
No billboard shall be erected within two thousand five hundred (2,500) feet of another billboard.
Section 400.540 Limitations On Gross Sign Area And Number Of Signs.
[R.O. 2011 § 400.540; Ord. No. 1161 § 1, 11-18-2013]
A.
All permitted signs in commercial districts shall be governed by the following restrictions:
1.
No building sign shall be permitted on the rear side of any building located on commercial property, nor shall any such sign be permitted on the side of any building located on commercial property if such building sign on the side or rear of a building is within two hundred fifty (250) feet of any residential district or the center line of any street abutting such residential district. However, this shall not prohibit unlighted directional signs and signs not greater than two (2) square feet per sign face which contain the words "loading zone," "service entrance," "entrance," "no parking," "loading area" or similar directional words and symbols as permitted by Section 400.530(A)(3).
2.
Subject to the further limitations set forth in Section 400.530(A)(13)(c), an aggregate sign display area equal to fifteen percent (15%) of the total surface area of the side of a business unit (including windows) or one hundred fifty (150) square feet, whichever is less, shall be permitted on the side of a commercial business unit facing a commercial district. The following types of signs shall not be included in the aggregate square footage limitation contained in this Subsection:
Section 400.550 Restrictions On Sign Regulations And Maintenance.
[R.O. 2011 § 400.550; Ord. No. 1161 § 1, 11-18-2013]
A.
Except as hereinafter provided, all signs shall be subject to the following general construction standards and maintenance standards:
1.
Signs in residential areas are restricted to not more than two (2) sign faces and not more than four (4) colors.
2.
If any sign becomes hazardous to pedestrian or vehicular traffic by reason of obstruction of walkways or fire access or exit lanes or by restricting sight distances for vehicle or pedestrian traffic, or if any sign is located so close to travel lanes or parking areas that it is struck by maneuvering vehicles, then such sign shall be relocated, removed or otherwise protected within thirty (30) days of notification by registered letter from the Code Enforcement Officer or other designated official that such danger or nuisance exists.
3.
All signs and supports shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint and other visual damage to a sign shall be repaired within forty-five (45) days of the occurrence or within thirty (30) days of notification by registered letter from the Code Enforcement Officer or other designated official.
4.
Every permanent sign shall be constructed of rigid, weatherproof materials, and provisions shall be made for electric grounding of all metallic parts.
5.
Illuminated signs shall be subject to the following restrictions:
a.
All illumination shall be oriented so as to prevent undue glare onto adjacent streets or residential properties.
b.
All electrical illumination devices shall be designed to be weather-resistant and shatterproof.
c.
All illuminated signs within residential districts, including "A-1" Agricultural Districts, shall be extinguished at the time of business closing or 11:00 P.M., whichever is later, provided that this shall not prohibit continuous illumination of permitted flags, subdivision signs and subdivision map signs.
6.
No sign shall be erected or maintained so that, by its position, shape, wording, device or color, it might interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device.
7.
No sign regulated by this Chapter shall make use of the words "stop," "look," "yield," "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
8.
Any sign structure which advertises a business no longer conducted or a product no longer sold on the premises or lot shall be removed by the owner, agent or person having beneficial use of the premises or lot upon which the sign is erected within thirty (30) days after the business or product is no longer present.
9.
All signs on a single parcel or lot or in a planned business center shall be of generally uniform appearance as approved by the Code Enforcement Officer or other designated official.
Section 400.560 Sign Permits Required; Exceptions.
[R.O. 2011 § 400.560; Ord. No. 1161 § 1, 11-18-2013]
A.
The following signs shall not require the issuance of a sign permit, provided that such signs fully comply with the definitions and specifications of this Chapter and are not illuminated:
1.
Church bulletin boards;
2.
Construction signs;
3.
Institutional or governmental signs;
4.
Memorial signs or tablet signs;
5.
Political signs;
6.
Real estate signs;
7.
Special displays;
8.
"No trespassing," "private road" or "private property" signs;
9.
Permitted flags in residential districts and permitted flags on approved flagpoles in commercial districts;
10.
Occupational or identification signs in commercial districts;
11.
Hanging signs in commercial districts; and
12.
Temporary window signs.
Section 400.570 Application For Sign Permit.
[R.O. 2011 § 400.570; Ord. No. 1161 § 1, 11-18-2013]
A.
An application for a permit for any sign not included in this Section shall be made upon forms provided by the Code Enforcement Officer or other designated official.
C.
The Code Enforcement Officer or other designated official shall, within fifteen (15) days, review a permit application and either approve it, reject it or approve it with conditions and return the same to the applicant or make it otherwise available to the applicant.
D.
If the work authorized under a sign erection permit has not been completed within six (6) months after the date of approval, it shall become null and void.
E.
The sign erector shall notify the Code Enforcement Officer or other designated official within fourteen (14) days of the sign erection. The Code Enforcement Officer or other designated official shall, within fourteen (14) additional days, take, develop, date and file appropriate colored pictures of the permitted sign. Such file shall be open for public inspection during normal business hours thereafter.
Section 400.580 Enforcement.
[R.O. 2011 § 400.580; Ord. No. 1161 § 1, 11-18-2013]
A.
Written Notice To Be Given Of Violations. If it is found that a sign is in violation of this Chapter, the Code Enforcement Officer or other designated official shall give written notice through registered mail to the owner of the sign or, if the sign owner cannot be located, by posting on the premises and/or by notice to the owner of the property on which the sign is located or, if the sign erection is not complete, to the sign erector, stating:
1.
The violations found;
2.
That the conditions must be brought into compliance with this Chapter within thirty (30) days, or written proof must be presented within thirty (30) days that work has been contracted to correct violations by not later than sixty (60) days from the date of the notice. Exception: Temporary signs, portable signs and banner signs must be brought into compliance within seven (7) days from the date of the notice;
3.
The specific standards that must be met; and
4.
That failure to comply or to make good faith efforts to comply with the terms of this notice shall constitute grounds for the Code Enforcement Officer or other designated official to order removal of the sign at the expense of the sign owner or owner of the premises, as provided by this Chapter.
B.
Removal Of Signs By Code Enforcement Officer Or Other Designated Official. The Code Enforcement Officer or other designated official may remove a sign if:
1.
The violations set out in a written notice have not been corrected within sixty (60) days after mailing of the notice. Exception: Temporary signs, portable signs and banner signs may be removed by the City if the violations have not been corrected within the limits established by the written notice of violation.
2.
The sign owner, premises owner or sign erector is not able to prove to the Code Enforcement Officer or other designated official's satisfaction good faith efforts to bring the sign into compliance.
C.
Costs To Sign Owners, Premises Owner, Or Sign Erector. The cost of sign repair or removal shall be charged:
D.
Expenses Incurred To Be Assessed As Lien On Property. In the event of failure by any party to reimburse the City within sixty (60) days for costs incurred for repair or removal ordered, the Board of Aldermen shall certify the charges for repair or removal to the City Clerk as a special assessment represented by a special tax bill against the real property on which the sign has been erected. The tax bill shall be a lien upon the property and shall be enforced to the same extent and in the same manner as all other special tax bills. The assessment shall bear interest at the rate of eight percent (8%) per annum until paid.
E.
Non-Issuance Of Permits To Persons Owing Costs Of Sign Repair Or Removal. The Code Enforcement Officer or other designated official shall not issue any further sign permits to persons refusing to pay costs assessed under Subsections (B) and (C) hereof, nor to agents or representatives of such persons nor to any person who owes personal or real property taxes to the City of Owensville.
Section 400.590 Appeals And Variances.
[R.O. 2011 § 400.590; Ord. No. 1161 § 1, 11-18-2013]
A.
The Board of Adjustment is authorized to review or modify the Code Enforcement Officer or other designated official's order or determination with respect to signs covered by this Chapter, and to that end shall, during appeal, have all the Code Enforcement Officer or other designated official's powers. In addition, the Board may grant variances from this Chapter as provided by this Zoning Code.
1.
Guidelines For Overturning Or Modifying Code Enforcement Officer Or Other Designated Official's Decision. The Board of Adjustment shall, in considering appeals from the Code Enforcement Officer or other designated official's order or determination, establish that the sign or application in question complies with all the requirements of this Chapter. If it is determined that the Code Enforcement Officer or other designated official's application for this Chapter to the appellant's sign or request for a permit is erroneous, then the Board of Adjustment may overturn or modify the Code Enforcement Officer or other designated official's decision.
2.
Grounds For Granting Variance. The Board of Adjustment may grant variances from this Chapter where it is found that, because of the limitations on character, size or dimensions of a sign, or because of the regulations controlling the erection or installation of a sign, the permittee would be subject to undue hardship. The Board of Adjustment's decision on an appeal shall be incorporated on the sign permit by reference to the decision number and date of decision.