Statesboro City Zoning Code

A.

Duties and powers of zoning administrator. It is the duty of the zoning administrator and they are empowered to:

(1)

Require that the application for a building permit and the accompanying plot plan shall contain all the information necessary to enable them to ascertain whether the proposed building complies with provisions of this zoning ordinance.

(2)

Keep a permanent record of all plans and application for permits, and all permits issued with notations as to special conditions attached thereto. All records should be open for public inspection and shall be the property of the city.

(3)

Require that no building permit shall be issued until the chief building official has certified that the proposed building, alteration, or use complies with all the provisions of this zoning ordinance.

(4)

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this zoning ordinance. In carrying out such surveys, the zoning administrator may enter upon any land or buildings.

(5)

Make written orders requiring compliance with the provisions of this zoning ordinance to be served personally or by registered mail.

(6)

Maintain a map showing the current zoning classification of all land.

(7)

Maintain a map and register showing the registration, identity, location, and type of all nonconforming uses.

B.

Administrative interpretation. Whenever, in the course of administration and enforcement of this zoning ordinance, it is necessary or desirable to make any administrative decision, then, unless other standards are in this zoning ordinance provided, the decision shall be made so that the result will not be contrary to the spirit and purpose of this zoning ordinance.

C.

Permits, generally. No building shall be constructed or altered, or the use of any building and/or land changed, until a permit has been secured from the chief building official. Upon completion of the work authorized by any permit, the applicant for the permit shall notify the zoning administrator of such completion. No permit shall be considered as complete or as permanently effective until the zoning administrator has noted on the permit that the work has been inspected and approved as being in conformity with the provisions of this zoning ordinance.

D.

Application for permits. All applications for permits shall be made in writing by the owner or tenants or authorized agent and shall be filed with the zoning administrator. The application:

(1)

Shall include a statement as to the proposed use of the building and/or land.

(2)

Shall be accompanied by working plans drawn to scale, showing the location of the building in relation to property and road lines.

(3)

Shall give the name and address of the surveyor or other person competent to give such location and to stake the road lines.

E.

Information on variances to be provided in permit application. If the applicant desires a variance, then in addition, the application shall set forth the nature of the variance and shall state briefly the reasons why such variance should be granted.

F.

Fees. Reasonable fees shall be charged by the mayor and city council to cover all or a portion of the costs incurred by the city for the administration of activities provided within this zoning ordinance as established in the City of Statesboro, Georgia, schedule of rates, fees, and fines and any successor fee schedule, as may be updated from time to time by the mayor and city council. Activities for which it has been determined that an administrative fee should be assessed, shall be incorporated into, and adopted as a portion thereof by the mayor and city council, the fee schedules of applicable departments responsible for the administration and implementation of this zoning ordinance. Applications or other submittals for activities requiring a fee shall not be accepted or processed unless accompanied by the required fee.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Applicability. Unless otherwise expressly provided in this chapter, no sign or other advertising device shall be erected, constructed, replaced, modified, changed by panels, modified, relocated, or structurally altered within the limits of the City of Statesboro without prior issuance of a permit.

B.

Sign permit applications. All applications for sign permits of any kind shall be submitted to the zoning administrator on an application form prescribed by the city. The applicant must be the property owner or the lessee of the lot on which the sign will be located, or an agent or representative of the property owner or the lessee.

C.

Permit for new sign or for sign modification. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by a detailed illustration of the dimensions, design, structure, and location of each sign in the format prescribed within the official application form. Each sign on the same lot shall be subject to a separate application and corresponding fee as established in the City of Statesboro, Georgia, schedule of rates, fees, and fines and any successor fee schedule, as may be updated from time to time by the mayor and city council.

D.

Action. Within 15 business days of the submission of a complete application for a sign permit, including all required materials specified in subsection 2.7.2.C., the zoning administrator shall either:

(1)

Issue the permit where it is found that such sign application is complete, and the proposed sign adheres to the standards of this section and other applicable requirements of city ordinances and state law; or

(2)

Deny the permit where the application is incomplete, contains false material statements, or proposes signage that violates standards of this zoning ordinance or other ordinances or state laws regulating signage. Any denial of a permit shall be in writing and shall include a specification of the section(s) of the zoning ordinance, or applicable provision of other city ordinances or state laws with which the sign is inconsistent. The denial must be based upon and must cite the specific articulated standards in this zoning ordinance or other law, and shall not be based upon or cited to the general concerns contained in this section or in section 2.5.3 — signs. A denied application later resubmitted in conformity with this zoning ordinance shall be deemed to have been submitted on the date of resubmission, rather than on the date of original submission. A decision to deny a permit shall be in writing and shall be served on the permit applicant either by hand delivery or by first class mail to the address provided by the applicant no later than 15 business days after initial receipt of a complete application.

E.

Inspection. The zoning administrator may inspect the lot for which each permit for a new sign or for modification of an existing sign is issued, sixth months after issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with the UDC and other applicable codes, the zoning administrator shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by number. If the construction is substantially complete, but not in full compliance with the UDC and applicable codes, the zoning administrator shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of such inspection for the deficiencies to be corrected. If deficiencies are not corrected by such date, the permit shall lapse. If construction is then complete, a permanent symbol shall be affixed described above.

F.

Appeals of permit denial. In the event of denial of an application for a permit, the applicant may appeal the decision to the mayor and city council within ten business days of the hand delivery or mailing of such denial. The applicant shall make written notice of appeal to the zoning administrator, who shall schedule the hearing before the mayor and city council at the next council meeting occurring at least seven days after such notice is received. At the appeals hearing, the sole issues are whether the permit application is complete and free from false material statements and whether the proposed sign complies with the standards of this zoning ordinance and other ordinances and state laws regulating the proposed sign. Where the mayor and council find the application to be complete and true and that the proposed sign would comply with all terms of governing law, the permit shall be issued. The mayor and council shall make its decision no later than 30 days after the date of hearing and a written copy of that decision, with supporting reasons shall be transmitted to the applicant in the same manner as the initial decision of the city.

G.

Revocation. In the event it is determined that a permit was issued in violation of this zoning ordinance or other ordinance or law regulating the sign at issue or where the sign has been erected in violation of such standards, the zoning administrator shall issue a written notice of revocation of the permit, stating the grounds for such revocation action. The notice of revocation shall be in the same form as notices of denial and delivered to the permit holder in the same manner as a notice of denial. Where no appeal is taken within ten business days of giving notice, the revocation shall be considered final. Within ten business days of receipt of a notice of revocation, a permit holder may appeal the notice by filing a written notice of revocation with the city manager in the same form as appeals of a notice of denial. Hearing on an appeal of revocation shall be conducted within the same time frames and the same manner as appeals of denial.

H.

Work without permit issuance. If any person, owner, authorized agent, or contractor commences any signage work before securing permits required by this zoning ordinance, fees upon application shall be doubled. Such fees shall be in addition to any other remedy resulting from enforcement of this zoning ordinance as provided in section 2.7.7 — violations, enforcement, and penalties.

I.

Display of permits. The permit holder shall be responsible for maintaining the permit for every sign constructed, erected, or maintained for which a permit is required by this zoning ordinance. Such permit shall be kept on the premises served by the sign and shall be exhibited promptly upon request of city officers and employees.

J.

Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject to any filing of such applications as the zoning administrator may require. No fees shall be charged for filing an assignment with the city. The assignment shall not require city approval. However, a modification of the sign by an assignee shall require a new permit and payment of fee as established in the City of Statesboro, Georgia, schedule of rates, fees, and fines and any successor fee schedule, as may be updated from time to time by the mayor and city council.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Administrative variance authority.

(1)

The zoning administrator has the authority to grant or deny administrative variances from certain provisions of the UDC as enumerated in this section, upon finding that the intent of this zoning ordinance can be achieved, and equal performance obtained by granting an administrative variance.

(2)

The grant of an administrative variance shall not exceed 20 percent from the minimum or maximum standards provided in the UDC in said articles and sections provided herein unless other standards are clearly provided pursuant to a specific section of the UDC.

B.

Administrative variances by the zoning administrator. In addition to any other administrative variances specifically authorized, the following provisions of the UDC may be administratively varied by the zoning administrator, subject to the specific limitations of this section:

(1)

Setback lines for front yards, side yards, corner side yards, and rear yards as said footage is applied to the construction of improvements on real property.

(2)

Building coverage regulations for lot areas.

(3)

Minimum required parking spaces, as regulated in Table 2.5.2-A — Comprehensive Vehicular Parking Requirements.

(4)

Minimum width of parking spaces, as regulated in subsection 2.5.2.H.

(5)

Dimensional standards of landscaping and buffer areas regulated in section 2.5.4 — landscaping and buffering.

(6)

Minimum dwelling size requirements as regulated in section 2.4.9 — residential uses.

(7)

Lighting standards as regulated in section 2.5.7 — lighting.

(8)

Active frontages as regulated in section 2.5.13 — active frontages.

C.

Requirements for administrative variance applications.

(1)

To initiate an application for administrative variance, an application must be submitted to the zoning administrator and must include at minimum the following:

(i)

An application form supplied by the zoning administrator and a statement of hardship form included with the application form must be completed by the applicant.

(ii)

A nonrefundable fee as established in the City of Statesboro, Georgia, schedule of rates, fees, and fines and any successor fee schedule, as may be updated from time to time by the mayor and city council.

(iii)

Plat or boundary survey. One scale copy and one reproducible size copy (no larger than 11 inches x 17 inches) of a plat or boundary survey of the property or properties involved in the application.

(2)

The zoning administrator in reviewing an application shall also be authorized to require any supporting information necessary to review an administrative variance on the record necessary to resolve the request for relief. These may include but are not limited to architectural renderings, concept plans or as-built surveys.

D.

Criteria for administrative variances. In acting upon applications for administrative variances, the zoning administrator shall consider whether one or more of the following condition(s) exist to justify or provide grounds for approval of said request:

(1)

There are special conditions pertaining to the land or structure in question because of its size, shape, topography, or other physical characteristic and that condition is not common to other land or buildings in the general vicinity or in the same zoning district;

(2)

The special conditions and circumstances do not result from the actions of the applicant;

(3)

The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship;

(4)

Relief, if granted would not cause substantial detriment to the public good or impair the purposes and intent of this UDC.

(5)

Whether there are alternative, or mitigating, options that are appropriate to obtain the purposes of the zoning ordinance.

E.

Administrative variance decision.

(1)

After the receipt of a completed application for an administrative variance, the zoning administrator will have ten business days to render a decision.

(2)

After reviewing the application, the zoning administrator may determine to approve, approve with conditions, or deny the request. Following the decision, a notice of action on an administrative variance shall be sent by mail to the applicant stating the approval, conditions, if any, or reason(s) for denial.

(3)

Upon the zoning administrator's decision being rendered, or in the event that no decision is rendered within the time provided above, any interested party may appeal to the mayor and council.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Variances. The mayor and city council may issue variances to the strict application of this zoning ordinance subject to these provisions. A variance may not be granted for the use of land that is not permitted by the zoning ordinance. In determining whether to grant a variance, the mayor and city council shall consider the following criteria:

(1)

There are special conditions pertaining to the land or structure in question because of its size, shape, topography, or other physical characteristic and that condition is not common to other land or buildings in the general vicinity or in the same zoning district.

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship.

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning regulations.

(5)

Whether there are alternative, or mitigating, factors that are appropriate in order to obtain the purpose of the zoning ordinance to be varied.

B.

Conditions authorized. In the course of exercising any of the above powers, the mayor and city council may attach reasonable conditions to its approval to obtain the purpose of the zoning ordinance being varied.

C.

Appeals of administrator decisions.

(1)

The mayor and city council may hear and decide appeals, where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning regulations.

(2)

An appeal from the decision of the zoning administrator shall be taken within 30 calendar days of the date of the decision.

(3)

In exercising this power, the mayor and city council may, in conformity with the provisions of the zoning regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the administrative official. To that end, the mayor and city council will have all the powers of the officer from whom the appeal is taken and may direct the issuance of a permit.

D.

Applications. Applications for appeals or variances must be filed on forms provided by the zoning administrator. The zoning administrator shall transmit to the mayor and city council all documents constituting the record upon which the action appealed from was taken. The owner of the property that is the subject of the application shall be mailed notice of the public hearing at least 30 calendar days before the date of the hearing.

E.

Published notice. Due notice of the public hearing pursuant to this section shall be published in the newspaper of general circulation within the city. Notice advertising the hearing on the appeal or variance and indicating date, time, place and purpose of the public hearing shall be published at least 30 calendar days but not more than 45 calendar days before the date of the hearing. The cost of the advertisement shall be borne by the applicant. The zoning administrator shall post, at least 30 calendar days before the mayor and council's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application number, date, time and place of the public hearing.

F.

Information in the notice. The notice required herein to be published shall contain the following information:

(1)

Name and address of the applicant.

(2)

Address and location of the property for which the appeal or variance is sought.

(3)

Current zoning of the property for which the appeal or variance is sought.

(4)

The variance requested or the subject matter of the appeal and the reason for the requested variance or the appeal.

(5)

The date, time, and place of the public hearing on said requested appeal or variance.

G.

Recording hearing. The applicant may arrange for and provide a certified court reporter to transcribe the hearing before the mayor and city council, at the expense of the applicant. Upon appeal of the decision of the mayor and city council, said transcript shall be made part of the record for review. Hearings shall also be recorded by video or audio tape.

H.

Time limits. The applicant or appellant and those in favor of the variance or appeal must have at least ten minutes to speak, total. Those opposed to the application or appeal must have at least ten minutes to speak, total. The mayor may extend those times where appropriate to allow for a fair presentation of the issues, provided that equal time is given to both those in favor and those opposed to the application. The applicant may reserve time for rebuttal.

I.

Evidence and cross examination. Participants in the public hearing must have the opportunity to present evidence and witnesses which shall be entered into the record. Cross-examination of opposing witnesses shall be allowed by the mayor, but decorum shall be maintained. The mayor may require the applicant and opponents to designate one person to conduct any desired cross-examination.

J.

Appeals of decisions of mayor and city council. Any person or persons aggrieved by any decision of the mayor and city council may appeal to the superior court in the manner provided by law.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Applications. An applicant for a special use permit shall file an application on forms provided by the zoning administrator.

B.

Procedures for grant or denial. The grant or denial of a special use permit shall follow the procedures for a map amendment, as specified in section 2.7.6 — text and map amendments, unless modified by the provisions of this section.

C.

Notices. Notice of the public hearing shall be provided to the owner of the subject property by mail at least 30 calendar days before the public hearing. A sign and published notice shall be posted at least 30 calendar days before the public hearing.

D.

Criteria for approval. Any use which may be authorized by a special use permit may be approved by the mayor and city council only if, in the exercise of the mayor and city council's discretion, they find that:

(1)

A proper application has been filed in accordance with the requirements of this section.

(2)

A recommendation has been received from the planning commission.

(3)

The applicant is in compliance with the particular conditions for the proposed special use that are required by this section.

(4)

The use is consistent with the applicable purposes and intent of this zoning ordinance.

(5)

After considering the application and the facts, and the standards for the exercise of the zoning power, the mayor and city council determine that the standards are satisfied such that the benefits of and need for the proposed special use outweigh any possible harmful effects or negative impacts to the public welfare. In making this determination, the mayor and city council may consider the effects of the proposed use on traffic, public infrastructure and services, aesthetics, property values, the peaceful enjoyment of private property in the community.

E.

Conditions for approval. As part of the approval of a special use permit, the mayor and city council may impose conditions on the use or development of the property deemed necessary to carry out the purposes of this zoning ordinance and to protect the public health, safety, and welfare.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Amendment by the city. The mayor and city council may from time to time amend, supplement, change, modify or repeal this zoning ordinance, including the zoning map, by proceeding in the following manner, and as otherwise required by law.

B.

Initiation of applications. Applications to amend this zoning ordinance may be in the form of proposals to amend the text or proposals to amend the official zoning map.

C.

City as applicant. Application to amend the text of the zoning map may be initiated by resolution of the mayor and city council, by the mayor individually, or by any official designated by the mayor and city council.

D.

Property owner as applicant. Applications to amend the map regarding a particular piece of property may be submitted by a property owner of record or their authorized agent to the zoning administrator.

E.

Pre-application meeting. Before filing a rezoning application, the applicant must attend a pre-application meeting with the zoning administrator to review the proposed rezoning, review applicable regulations, and discuss potential issues.

F.

Application for amendment. Every application for amendment of the UDC shall be presented to the zoning administrator and shall contain the following:

(1)

Applicant's name and address and their representative, and the interest of every person represented in the application.

(2)

A legal description of the property for which rezoning is requested, together with a recent plat of the property prepared by an architect, engineer, land surveyor or landscape architect, whose state registration is current and valid and whose seal shall be affixed to the plat. The plats must contain property lines, bearings, distances, adjoining streets with right-of-way and paving width, location of existing structures, creeks, easements, north arrow and scale.

(3)

A statement of circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reasons to support the proposed rezoning. The statement shall include information regarding the demand that will be placed on public facilities and services by any contemplated development, including but not limited to increased population density, traffic volume, school enrollment, drainage, traffic and utility facilities.

(4)

A nonbinding sketch plan shall be required.

(5)

The date that the pre-application meeting occurred.

G.

Plot plan. All applications for rezoning requiring a sketch plan shall be accompanied by a plot plan drawn to scale. Submission shall include the following items:

(1)

Project name.

(2)

Project owner and address.

(3)

Date, scale, north arrow.

(4)

Vicinity map.

(5)

Property lines and dimensions.

(6)

Owner and use of adjacent properties.

(7)

Total project acreage.

(8)

Proposed use of property to be developed.

(9)

Required yard setbacks appropriately dimensioned.

(10)

Location of buildings and the square footage in each.

(11)

Existing and future right-of-way of adjacent street, including names of streets and width of pavement.

(12)

Topography at five-foot contour intervals for properties greater than ten acres, topography at two-foot contour intervals for properties less than ten acres.

(13)

Location of driveway ingress and egress.

(14)

All existing and proposed off-street parking spaces, loading stations, bays and walkways.

(15)

Location of buffers/screening, if required.

(16)

Location of 100-year floodplain.

(17)

Dumpster location.

(18)

Any other data requested in writing by the zoning administrator that is necessary to an understanding and evaluation of the project.

H.

Referral to planning commission. All proposed amendments to the UDC or map together with the required site plans shall be referred to the planning commission prior to a public hearing before the mayor and city council for study and recommendation. The planning commission shall conduct a duly-noticed public hearing pursuant to the policies and procedures for conducting public hearings under this zoning ordinance, and shall study the need and justification for the change based on, but not limited to, the standards for the exercise of the zoning power. After completing its studies of the proposed amendment, the recommendation and report of the planning commission shall be submitted to the mayor and city council. The recommendation of the planning commission shall be of an advisory nature and not be binding on the mayor and city council.

I.

Notice.

(1)

The city shall cause a legal notice to be published in the newspaper of general circulation in the City of Statesboro at least 15 calendar days but not more than 45 calendar days before public hearings required by this zoning ordinance. The notice shall state the time, place and purpose of the hearing. If the application is initiated by a party other than the mayor and city council, the newspaper notice shall also include the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.

(2)

If the amendment application is initiated by a party other than the mayor and city council, a sign stating the time, place and purpose of the hearing, together with the current and proposed zoning classifications, shall be placed in a conspicuous location on the property to be rezoned not less than 15 calendar days before the date of the hearing. The sign will remain on the property until final action has been taken by the mayor and city council. If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street which provides access to the site.

J.

Hearing. Public hearings required by this zoning ordinance shall be conducted subject to these procedures:

(1)

The hearing shall be convened and chaired by the mayor or chairperson.

(2)

The mayor or chairperson will review the procedures for holding a public hearing outlined in this provision. Copies of these procedures will also be available in writing at the public hearing.

(3)

In order for a person in attendance to speak, the mayor or chairperson must recognize them. Upon rising to speak, the person recognized will first identify themself and furnish a home or business address.

(4)

Persons appearing as part of an organized group may designate a spokesperson to present the group's position.

(5)

Opponents and proponents of the zoning decision under consideration shall be allowed a minimum of ten minutes per side for the presentation of data, evidence, and opinion. The mayor or chairperson may extend the time for each side when circumstances deem it appropriate, provided that equal time will be provided to all persons participating in the public hearing.

(6)

Additional persons will be recognized according to the above procedures for the purpose of addressing additional elements of the proposed revisions or to make additional points with regard to the elements already addressed, but not to rehash points already made.

K.

Standard for the exercise of zoning power. The mayor and city council in exercising its zoning power, shall be governed by the following standards in making its determination and balancing the promotions of the public health, safety, morals, and general welfare against the right of unrestricted use of property:

(1)

Existing uses and zoning of property nearby.

(2)

The extent to which property values are diminished by the particular zoning restrictions.

(3)

The extent to which the description of property values of the property owner promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public, as compared to the hardship imposed upon the property owner.

(5)

The suitability of the subject property for the zoned purposes.

(6)

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property.

(7)

The extent the proposed change would impact the following:

(i)

Population density in the area.

(ii)

Community facilities.

(iii)

Living conditions in the area.

(iv)

Traffic patterns and congestion.

(v)

Environmental aspects.

(vi)

Existing and future land use patterns.

(vii)

Property values in adjacent areas.

(8)

Consistency with other governmental land use, transportation and development plans for the community.

L.

Rehearing.

(1)

If the mayor and city council deny any application for rezoning of property, then the same property may not be considered for rezoning until the expiration of at least six months immediately after the denial.

(2)

If the mayor and city council approve any application for rezoning of property, then the same property may not be considered for rezoning until the expiration of at least six months immediately after the approval.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Violations. It shall be the duty of the zoning administrator to take cognizance of violations of this zoning ordinance. They shall investigate each violation which comes to their attention whether by observation or by communication. They shall order in writing the correction of such conditions as are found to be in violation of this zoning ordinance. Failure to secure a zoning or special use permit when required, previous to erection, construction or alteration to a building, or change in use of land or building as in this zoning ordinance provided, shall be a violation of this zoning ordinance.

B.

Fines and charges. Any person, firm, or corporation violating any provision of this zoning ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to the remedies established in section 1-12 of the Statesboro Code of Ordinances; except that, at a minimum a fine of not less than $250.00 for each offense shall be assessed unless otherwise stated within this subsection, and such fine may exceed the maximum fine otherwise prescribed in section 1-12(a) of the Statesboro Code of Ordinances at the discretion of the municipal court judge. Each day such violation occurs shall constitute a separate offense.

C.

General remedies. In case any building, sign, or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, sign, structure or land is used; or any hedge, tree, shrub or other growth is maintained, in violation of this zoning ordinance or of any regulations made pursuant hereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

D.

Signage violations identified. Each day of a continued violation shall be considered a separate violation. Each sign installed, created, erected, or maintained in violation of this zoning ordinance shall be considered a separate violation. Any of the following actions shall be a violation of this zoning ordinance and shall be subject to the enforcement remedies and penalties provided in this zoning ordinance and by state law.

(1)

Installing, creating, erecting, or maintaining any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located.

(2)

Installing, creating, erecting, or maintaining any sign requiring a permit without such a permit.

(3)

Failing to remove any sign that is installed, created, erected, or maintained in violation of this zoning ordinance for which the sign permit has lapsed.

(4)

Pasting, printing, nailing, tacking, or otherwise fastening any card, banner, handbill, sign, poster, advertisement, or notice of any kind, or cause the same to be done, on any private property without the written consent of the owner of such property.

E.

Additional enforcement and remedies for signage violations.

(1)

The zoning administrator shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous, or materially electrical or structurally defective sign or a sign for which no permit has been issued when required or which is otherwise in violation of this zoning ordinance. The zoning administrator shall prepare a written citation that shall describe the sign and specify the violation involved and that shall state that if the sign is not removed or the violation is not corrected within ten days or such further time as is reasonable under the circumstances in the determination of the zoning administrator, the sign shall be removed in accordance with the provisions of this section; provided that, where a sign poses an imminent danger to the life or health of members of the public, the zoning administrator may cause the sign to be secured or removed without first affecting such notice and shall provide notice after the fact to the owner of the property and owner of the sign.

(2)

All notices by the zoning administrator shall be personally served or sent by first class mail. Any time periods provided in this section shall be deemed to commence on the date received, if hand delivered, or three days after the date mailed.

(3)

The notice shall be mailed to the owner of the property on which the sign is located, the owner of the sign, and the occupant of the property. If any such persons are unknown or cannot be found, notice shall be mailed to such persons' last known address, if any, and posted on the sign or on the premises.

(4)

Any person having an interest in the sign or the property may appeal the determination of the zoning administrator ordering removal or compliance by filing written notice of appeal with the city administrator within ten business days after receipt of the notice. Appeals shall be provided in the same manner as set forth in subsection 2.7.2.F.

(5)

Any sign removed by the zoning administrator pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall constitute a lien against the property and shall be recoverable in the same manner as city property taxes. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. In the event it is practicable to sell or salvage any material derived in the removal, the city administrator may do so at public or private sale at the best price obtainable; the city shall keep an account of the proceeds. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the sign owner or property owner. Any proceeds in excess of the cost of removal shall be returned to the sign owner, if known, or, if unknown, shall be deposited in the city treasury and maintained for a period of three years. At the end of the three years, all unclaimed proceeds shall become property of the city. Where the proceeds derived from such sale are less than the cost of the removal, such deficiency shall constitute a lien against the property on which the sign is located, such lien to be collectible in the same manner as city property taxes.

(6)

Any sign erected in violation of this zoning ordinance may be removed from public property or right-of-way by duly authorized employees of the city without notice. The responsible party may be cited for such violation. The city has the right to recover from the owner or person posting such sign the full cost of removal and disposal of the sign.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)