Summerset City Zoning Code
SIGN REGULATIONS
§ 155.270 AUTHORITY.
The city’s authority to regulate signs, billboards, and other advertising structures is specified in SDCL Ch. 31-29.
(Ord. passed 2-3-2011, § 2.30.010)
§ 155.271 INTENT.
The purpose of this subchapter shall be to establish effective local regulation of outdoor advertising so as to promote the health, safety, and general welfare of those persons using and residing adjacent to public rights-of-way. The following regulations are intended to promote and preserve the natural aesthetics of the city while providing for the convenience of the traveling public, for the promotion of locally available facilities, goods, and services, and to minimize negative impacts on property adjacent to public rights-of-way. It is, therefore, the intent of these regulations to achieve the following:
(A) Safety. To promote the safety of persons and property by requiring that signs:
(1) Do not create a hazard due to collapse, fire, collision, decay or abandonment; and
(2) Do not create traffic hazards by distracting or confusing motorists, impairing a driver’s ability to see pedestrians, obstacles, or other vehicles or to see and interpret any official traffic sign, signal, or device.
(B) Communication. To promote the efficient transfer of information by providing that:
(1) Business and services may identify themselves;
(2) Customers and other persons may locate a business or service; and
(3) No business, service, person or group is arbitrarily denied the use of sight lines on a public right-of-way for communication purposes.
(C) Preservation of the natural landscape. To protect the public welfare and to maintain and enhance the appearance and economic value of the landscape by providing that signs:
(1) Do not create a nuisance to persons using the public right-of-way;
(2) Do not constitute a nuisance to the occupancy or use of adjacent property as a result of their size, height, brightness, or movement; and
(3) Are constructed and installed in a manner which is in harmony with buildings, neighborhoods, or other signs in the area.
(Ord. passed 2-3-2011, § 2.30.020)
§ 155.272 COMPLIANCE AND APPLICABILITY.
(A) In any zoning district where signs are allowed, a sign permit shall be required unless otherwise stated.
(B) In addition to all applicable state and federal regulations, any sign erected within the city shall be required to conform to the following regulations:
(1) To require a permit for certain types of signs subject to the standards and procedures of this section;
(2) To allow certain signs that are small, unobtrusive, and incidental to the principal use of the parcel on which they are located, subject to the requirements of this chapter but without a requirement for a permit;
(3) To provide for temporary signs in limited circumstances; and
(4) To prohibit all signs not expressly permitted by this chapter.
(Ord. passed 2-3-2011, § 2.30.030)
§ 155.273 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign or sign structure that is blank, obliterated, or displays obsolete advertising material for a period in excess of 90 days. The 90-day period for determining if a sign is ABANDONED commences upon notification of violation to the offender.
BACK-TO-BACK SIGN. An off-premises or on-premises sign consisting of two sign facings oriented in the opposite direction with not more than one face per side.
BANNER SIGN. An on-premises sign which is composed of lightweight material, either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. For the purpose of this subchapter, a BANNER SIGN can only be used as a wall sign.
DIRECTIONAL SIGN. A sign erected for the convenience of the public, such as directing traffic movement, parking, or identifying restrooms, public telephones, walkways and other similar features, or facilities and bearing no advertising in the message.
DOUBLE-FACED SIGN. An off-premises or on-premises sign with two adjacent faces oriented in the same direction and not more than ten feet apart at the nearest point between the two faces.
FREESTANDING SIGN. A sign on a frame, pole, or other support structure not attached to any building.
HIGHWAY. Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a HIGHWAY. The term HIGHWAY shall also include private access easements and roadways.
OFF-PREMISES SIGN. A sign/billboard that advertises goods or services not available at the location of the billboard or advertising sign.
ON-PREMISES SIGN. A sign identifying an establishment’s activities, products, or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located.
SIGNS. Any sign defined in this subchapter which displays or conveys any identification, description, illustration, or device illuminated or non-illuminated, which directs attention to a product, service, business activity, institution, business, or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information, with the exception of window displays.
SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as upright, aprons, poles, beams, or standards. In the case of lettering on an awning or other undefined structure or space, a perimeter shall be determined by adding two inches around the whole of the lettering, using unbroken parallel lines. Logos shall not be included in square footage, but must be subordinate to the sign. A logo that consists only of words with or without a symbol shall be included in the sign square footage. Logos attached to walls shall not exceed 20 square feet.
SIGN FACING. The portion of a sign structure upon which advertising is affixed or painted and visible in one direction at one time.
SIGN STRUCTURE. The sign face and support members that are permanently affixed to the ground or attached to a structure. SIGN STRUCTURE does not include the sign frame.
SIGN TYPES. Sign types are canopy, ground/pole, projecting wall, roof, wall, and wall/roof. SIGN TYPE pertains to the location of a sign on a property or structure, and the method of support or attachment.
(1) CANOPY SIGN. This includes awnings and marquees. An overhead covering projecting from and attached to a building, and the attachments thereto.
(2) GROUND/POLE SIGN. A sign that is structurally self-supporting and not attached to any other structure.
(3) PROJECTION WALL SIGN. A sign attached to and supported by a building, projecting more than 12 inches from the wall to which it is attached. A PROJECTING WALL SIGN shall not extend above the roof line.
(4) ROOF SIGN. A sign attached to roof of a building.
(5) WALL SIGN. A sign affixed to an exterior wall of a building and which projects 12 or fewer inches from the wall.
(6) WALL/ROOF SIGN. A projecting wall sign which projects above the roof line of a building and which is wholly supported by the building.
SIGN USE. This refers to the way in which a sign is used based on the function of the sign and/or its relationship to the property on which it is located.
(1) AREA IDENTIFICATION SIGN. A sign erected to identify a group of five or more commercial or industrial activities located either within a single structure by identifying the structure or the area. The structure or area must be identifiable as a unit through common ownership or management of the building, utilities, and/or common facilities (i.e., parking, open space, mall, and the like).
(2) BUSINESS SIGN. An on-premises sign or signs used to identify a commercial or industrial activity.
(3) CONSTRUCTION SIGN. A temporary sign erected to identify the contractors, designers, and/or financial institutions involved in a major construction project.
(4) HOME OCCUPATION SIGN. A sign erected to identify a home occupation.
(5) INSTITUTIONAL SIGN. A sign erected to identify an institutional activity.
(6) RESIDENTIAL IDENTIFICATION SIGN. A sign that is showing the address and/or name of the occupant(s) of a residential building.
(7) RESIDENTIAL DEVELOPMENT SIGN. A sign identifying an unique development or apartment complex being actively developed as evidenced by buildings under construction or constructed and/or streets opened.
SPECIALTY SIGNS. Specialty signs possess unique characteristics that require special treatment or control. The following are included in the kinds of specialty signs.
(1) PAINTED WALL SIGN. An on-premises sign painted directly upon a wall or similar structure.
(2) PARASITIC SIGN. A sign affixed to a permanent supporting structure that is in addition to signs specifically designed for said supporting structure.
(3) TEMPORARY/PORTABLE SIGN. A sign not affixed to a permanent supporting structure but which is designed to be moved from location to location.
(4) MURAL. A pictorial representation not identifying goods or services offered by a business.
(5) CHANGEABLE COPY SIGN/READER BOARD.
(a) A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the surface of the sign.
(b) A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this subchapter.
(c) A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a changeable copy sign for purposes of this subchapter.
(6) ANIMATED SIGN. Any sign that uses movement, electric message, or change of lighting, either natural or artificial, to depict action or create a special effect or scene.
(7) PENNANT/BANNER SIGN. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a pole or lighting standard, usually in series, that promotes the community or a community event.
(Ord. passed 2-3-2011, § 2.30.040)
§ 155.274 EXEMPTIONS.
The following signs shall be exempt from regulation under this chapter:
(A) Exemptions.
(1) Changing the sign face or the copy or message on signs specifically designed for the use of replaceable copy;
(2) Painting, repainting, cleaning, or minor maintenance of a sign provided no structural alteration is made; and
(3) Window signs, real estate signs, and like signs of a temporary nature.
(B) Exempted signs.
(1) Governmental regulatory, directional, informational, and warning signs; governmental agency flags, emblems, and insignia; and temporary signs placed for the purpose of public safety;
(2) Commemorative plaques placed by recognized historical agencies and commissions;
(3) Signs which can be viewed only from within the confines of a structure or other clearly defined space;
(4) Instructional or identification signs less than two square feet, such as parking information; and
(5) Political election signs not exceeding six square feet and removed within one week after the election.
(C) Prohibited signs.
(1) All signs not expressly permitted under this chapter are prohibited in the city. The following signs shall not be permitted, erected, or maintained in any district, notwithstanding anything else contained in this chapter.
(2) Signs in section shall be removed or brought into conformity with the provisions of this chapter within 30 days after receiving written notice from the city.
(3) Such signs include, but are not limited to:
(a) Signs attached or applied to trees, utility poles, vending machines, boxes, benches, and other unapproved supporting structures;
(b) Signs encroaching on a public right-of-way or extending beyond a property line unless specifically authorized;
(c) Illuminated signs containing flashing, intermitting, or moving light that interfere with the traveled way of streets or obscure traffic signs or devices;
(d) Wall or protruding signs that project above the wall upon which they are attached;
(e) Signs that constitute pedestrian or vehicular traffic hazards or which could be confused with any governmental regulatory, directional, or warning sign;
(f) Moving signs;
(g) Off-premises advertising signs painted on building structures;
(h) Tethered, airborne devices advertising a business, product, or service;
(i) Signs not complying with § 155.275;
(j) Searchlights, pennants, spinners, and streamers except for occasions such as grand openings. Use shall be limited to a 15-day period;
(k) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said signs; and
(l) Flags displaying an advertising message, except flags of any nation, state, political subdivision, or corporate flag.
(Ord. passed 2-3-2011, § 2.30.050)
§ 155.275 NEW SIGNS.
A sign permit shall be required for any new on-premises or off-premises sign installation, including temporary signs. At the time of installation, the new sign must conform to all requirements of this subchapter at the time of installation.
(A) General provisions.
(1) All signs shall be placed or erected in conformity with all applicable side and rear yard setback requirements for structures. The minimum front yard setback requirement for signs shall be five feet from any property line.
(2) No sign, including political signs, are allowed to be located in any public right-of-way or public or private access easement. All signs issued by the city for public notice of proposed land use changes are exempt from this requirement.
(3) There shall be a 250-foot separation between a new ground/pole on-premises sign and an existing ground/pole on-premises sign.
(4) All sign structures shall be painted and maintained in muted colors as to blend into the natural surroundings. Colors shall include, but not be limited to, brown, black, or tan. Wood sign structures may remain unpainted and be allowed to have a natural patina. At no time shall bright or neon colors be used for either wood or metal sign structures.
(5) No debris, including but not necessarily limited to, wood material, posts, metal, paper, plastic, cardboard, or other materials from the construction or maintenance of a sign shall be left at the location or vicinity of a sign. Any violation of this section is hereby declared a nuisance and subject to abatement.
(6) No sign shall be constructed which resembles any official marker erected by a governmental entity or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device, sign, or marker.
(7) No sign shall exceed two sides. Signs shall have no more than one frontal face (front) and one back face (back) as viewed from one static position.
(8) Sign and sign structure design shall be reviewed and inspected by the Building Official for compliance with the following:
(a) Building Code, as adopted; and
(b) Electric Code, as adopted.
(B) Off-premises sign requirements. All off-premises signs shall require a conditional use permit and shall meet all the provisions of §§ 155.335 through 155.341. In addition, due consideration shall be given to the relationship between the sign(s) and the natural horizon/view shed in the area of the proposed sign location. In addition to the general provisions of this chapter, the following regulations shall apply to all off-premises signs.
(1) No off-premises sign shall be erected or placed closer than 500 feet from any residential district and/or dwelling unit.
(2) Off-premises signs shall be located no closer than 1,500 feet from all other off-premises signs.
(3) No illuminated sign shall be permitted within 1,500 feet of any dwelling unit or residential district without an approved conditional use permit. All illuminated signs shall be installed and maintained in accordance with §§ 155.195 through 155.204 so as to minimize spillage of light outside of the sign face.
(4) Off-premises signs shall not exceed a height of 40 feet. Height shall be measured from grade level directly below the face of the sign to the highest part of the sign.
(5) The maximum display area of any off-premises sign located adjacent to a two or more-lane street or highway shall not exceed 250 square feet on each face. The maximum display area of any off-premises sign located on the interstate shall not exceed 400 square feet on each face.
(6) All off-premises signs shall be placed or erected in conformity with all applicable side and rear yard setback requirements for structures. The minimum front yard setback requirement for on-premises or off-premises signs shall be five feet from any property line.
(7) A vehicle or trailer of any form or type, whether licensed or not, or in working condition or not, intended to be used as or in conjunction with an on-premises or off-premises sign, shall not be located adjacent to any public right-of-way or on private or public property so as to be visible from the public right-of-way. Vehicles or trailers whose primary use is other than outdoor advertising shall be exempt from this section.
(C) On-premises sign requirements.
(1) Number of signs per premises. Notwithstanding anything else in this section, no more than two signs may be erected or maintained on any one premises at any one time, except that when a premises is located on a corner lot and has public entrances on two or more public ways, or that a building has both a front and rear public entrance, one additional sign may be erected and maintained. In calculating the total number of signs on a premises, both permanent and temporary signs shall be combined in the total. A multi-faced sign shall count as a single sign. Signs enumerated in § 155.274 shall not be counted in calculating the total.
(2) Sign area. Notwithstanding anything else in this section, the total sign area per premises, including both permanent and temporary signs, shall not exceed the following:
(a) Wall, roof, canopy, and projecting signs. The total square feet of all walls, roof, and/or projecting signs shall be a sign area of two square feet for each one linear foot of street frontage shall be allowed not to exceed 50 square feet. Every premises shall be allowed a minimum of 50 square feet of sign area. Allowable sign area is not transferable from one frontage to another. An additional 50 square feet of sign area shall be allowed for every 100 feet of street frontage over first 250 feet of street frontage. On corner lots, each frontage shall be considered unique and separate in calculation sign area. Multi-faced signs shall be computed as one sign if the signs are parallel and are part of the same sign structure.
(b) Ground/pole signs. The total square feet of all ground/pole signs shall be a sign area of one square foot for each one linear foot of street frontage shall be allowed not to exceed 250 square feet. Every premises shall be allowed a minimum of 50 square feet of sign area. Allowable sign area is not transferable from one frontage to another. On corner lots, each frontage shall be considered unique and separate in calculation sign area. Multi-faced signs shall be computed as one sign if the signs are parallel and are part of the same sign structure.
(3) Sign height. Ground/pole signs shall not exceed a height of 30 feet. Height shall be measured from grade level directly below the face of the sign to the highest part of the sign.
(4) Projecting signs. In addition to the other provisions of this chapter, the following regulations shall apply to all projecting signs.
(a) No projecting sign shall project more than seven feet beyond the property line in the direction of the street. No portion of any projecting sign shall be closer than three feet to the face of the street curb or curb line as measured by a horizontal line from the curb or curb line to a vertical line parallel to the most projected portion of the sign. In the Central Commercial District (C-1), signs may project over the state highway and in all other zoning district, no signs shall project over state highway rights-of-way unless written permission is given by the appropriate state agency.
(b) No portion of any projecting sign shall be less than 14 feet above grade level if it is projecting over public a right-of way.
(c) No single face of a projecting sign shall exceed 32 square feet in area.
(d) No projecting sign shall have a vertical dimension greater than six feet.
(e) There shall be no more than one projecting sign for any premises unless the premises is located on a corner lot and has public entrances on two or more public streets, in which case one projecting sign may be erected and maintained for and toward each public way.
(5) Wall signs. In addition to the other provisions of this chapter, the following regulations shall apply to all wall signs.
(a) No wall sign shall extend above the top of the wall upon which it is placed.
(b) No wall sign, or any part thereof, shall project more than 12 inches from the wall upon which it is mounted.
(c) No wall sign shall extend beyond the vertical extremities of the wall to which it is attached.
(d) Refer to § 155.275(C)(2) for limits on sign area.
(e) A banner sign shall be considered as wall sign. An annual permit shall be obtained for each banner sign. The banner may be changed as long it does not exceed the square footage of the approved sign permit.
(6) Roof signs. In addition to the other provisions of this subchapter, the following regulations shall apply to all roof signs.
(a) No more than one roof sign may be erected or maintained on a single premises.
(b) All roof signs must be set back a distance of at least four feet from all the outside walls of the building on or over which they are located. It is the intention of this provision to provide a clear passageway around the sign.
(7) Ground/pole signs. In addition to the other provisions of this chapter, the following regulations shall apply to all ground/pole signs. Ground/pole signs shall be limited to one per street frontage except that businesses on frontages of 250 feet or more may erect two ground/pole signs with a minimum of 250 foot spacing between signs. However, the total sign area of both signs may not exceed that allowed for the street frontage.
(D) Miscellaneous signs.
(1) In addition to the other provisions of this chapter, the following regulations shall apply to all miscellaneous signs.
(a) In any commercial or industrial district, an area identification sign may be placed and shall not apply to the limits set forth in division (C)(2) above. All other provision of this chapter shall apply to any area identification sign.
(b) In any commercial or industrial district, a parasitic sign may be on a sign structure. The use of a parasitic sign shall be limited to 30 days. A parasitic sign may not be an off-premises sign.
(c) In any commercial or industrial zoning district, portable signs may only be displayed for 15 permit days per calendar year at any one business location. A separate permit shall be required for each sign. Permits for no more than two portable signs may be issued at a particular business location if the permits are of equal duration and run concurrently. Portable signs shall be secured against overturning.
(d) Each subdivision that has been approved in accordance with the regulations of Chapter 151 shall be allowed one on-premises sign per entrance, not exceeding 75 square feet in area, advertising the name of such subdivision. The subdivision sign shall be set back at least five feet from the property line. The signs should be aesthetically pleasing and blend into the surroundings.
(e) Approved temporary signs related to a community event are only allowed to be erected 30 days prior to the event and must be removed within ten days of the conclusion of the event. Temporary signs shall be approved by the Planning Official for size and location and must substantially conform to the regulations of this chapter. All non-event temporary sign permits are issued for 30 days, renewable twice for a maximum of 90 days. The temporary sign must be removed following the expiration of the temporary sign permit.
(f) Home occupation signs shall not exceed six square feet in area, and shall be limited to one such sign per approved home occupation. A home occupation shall be allowed to have one wall sign or one freestanding sign. The freestanding sign shall be located at least five feet from the property line and have a maximum height of five feet.
(2) The following signs shall be allowed without a permit but must comply with the criteria set forth below.
(a) Real estate sale, political campaign, and other noncommercial speech signs that do not exceed nine square feet in total and, if freestanding, five feet in height. No more than one such sign per street frontage. Political campaign signs may be erected 60 days prior to the scheduled date of the primary election and must be removed not later than seven days after the candidate is unsuccessful, withdraw, or the general election, whichever comes first.
(b) Businesses working at a residentially zoned lot, such as landscapers or window treatment installers, may post an identifying sign only when they are physically at the residence, and the sign shall be removed immediately when the working party leaves the property. Such sign shall not exceed nine square feet in total area and, if freestanding, shall not exceed five feet in height. No more than one such sign per street frontage per lot is allowed.
(c) For each permitted or required parking area that has a capacity of more than four cars, one sign not exceeding four square feet in area may be allowed at each entrance to or exit from such parking area. In addition, one sign not exceeding nine square feet in area is allowed for identifying or designating the conditions of use of such parking area.
(d) Not more than one non-illuminated “for sale” or “for rent” sign is allowed for the purpose of advertising the sale, rental, or lease of the premises on which the sign is located. Such sign shall not exceed nine square feet in size, shall be no more than five feet high and shall be at least five feet from the property line.
(e) For construction on or development of lots, not more than three “under construction” signs with a combined total area of 70 square feet, stating the names of contractors, engineers, or architects, is allowed during the time that construction or development is actively under way.
(f) Residential locator or E-911 signs are required for “emergency 911” signs.
(g) Directional signs shall not exceed 20 square feet.
(Ord. passed 2-3-2011, § 2.30.060) Penalty, see § 155.999
§ 155.276 APPLICATIONS AND PERMITTING.
(A) Every sign permit issued by the Zoning Administrator or designee shall expire by limitation, and become null and void, if the construction does not commence within 60 days from date of permit, and shall expire by limitation in 120 days from the date of permit. For good cause, the Director may extend the time limitations for another 120 days. Any extension granted shall be accompanied by a fee equal to one-half of the original permit fee paid to the city. Applications for a sign permit shall be made in writing upon forms furnished by the city.
(B) At a minimum, the following complete information shall be provided before an application is considered:
(1) Name and address of the sign owner and the contractor;
(2) Name and address of the property owner where the sign is to be located;
(3) The legal description of the proposed sign location;
(4) Clear and legible drawing of the proposed sign to scale with description of the sign showing construction type and lighting;
(5) Site plan showing the location and setbacks on the property where the sign is to be located;
(6) The property owner’s signature; and
(7) Other such data and information deemed necessary by the Zoning Administrator or her or his designee.
(Ord. passed 2-3-2011, § 2.30.070)
§ 155.277 OUTDOOR LIGHTING FOR OUTDOOR ADVERTISING.
(A) All lighted outdoor advertising signs/billboards shall meet or exceed the requirements outlined in §§ 155.195 through 155.204.
(B) Signs may be illuminated subject to the following restrictions.
(1) Signs that contain, include, or are illuminated by any flashing, intermittent (less than six seconds) moving light(s) are prohibited.
(2) Electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable message signs which function in the same manner as multi-faced signs are permitted, provided such signs do not interfere with traffic safety, do not change messages less than every six seconds and do not resemble or simulate traffic control or safety devices or signs.
(3) Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.
(Ord. passed 2-3-2011, § 2.30.080)
§ 155.278 SIGN MAINTENANCE.
(A) Any sign existing on the date of adoption of the ordinance codified herein which does not conform with the provisions of this code, is eligible for characterization as a “legal nonconforming sign” and is permitted to remain except as follows.
(1) The sign has been removed, relocated, or destroyed.
(2) The sign has been brought into compliance with this chapter.
(3) The sign is abandoned.
(4) The sign may be repaired if the expense of ordinary and customary maintenance does not exceed 50% of the depreciated value of the sign or if the same has not been damaged beyond 50% of its depreciated value by an act of God unless special circumstances warrant a variance by the Board of Adjustment, such as, but not necessarily limited to acts of vandalism or an accident.
(B) (1) Signs shall be maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of said signs.
(2) Signs requiring basic maintenance as deemed by the Planning Official shall be brought into compliance within 30 days upon written notice.
(C) (1) Signs deemed to be unsafe by the Planning Official shall be removed or brought into compliance within 24 hours upon written notice.
(2) Prior to the Planning Official deeming a sign unsafe, he or she shall obtain a professional opinion from an engineer licensed in the state stating that, in the best interest of public safety, said sign ought to be removed or otherwise brought into compliance.
(Ord. passed 2-3-2011, § 2.30.090)
§ 155.279 ENFORCEMENT OF SIGN ORDINANCE.
(A) In addition to any and all remedies allowed under the laws of the state and this chapter, a violation of any requirement of this chapter shall also be subject to the penalties as outlined in §§ 155.390 through 155.407 and § 155.999.
(B) (1) Whenever it shall be determined by the Zoning Administrator that any sign or sign structure has been constructed or erected or is being maintained in violation of the terms of this chapter or has been abandoned, said sign or sign structure is hereby declared to be unlawful.
(2) Any sign or sign structure found to be unlawful shall be made to conform to all applicable laws and regulations or shall be removed at the expense of the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(C) (1) The Zoning Administrator may cause to be removed any unlawful sign or sign structure. The city shall prepare a written notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation or condition is not corrected within 30 calendar days from the date of the notice, the sign shall be removed in accordance with the provision of this chapter at the expense to the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(2) Service of the notice shall be made upon the sign owner and landowner by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. If service is made upon the landowner, service shall be to the landowner at their address as it appears on the last equalized assessment role of the county.
(3) Any person receiving notice may challenge the determination of the Zoning Administrator. The person(s) receiving the initial notice will have 14 days to file a written notice of appeal to the Board of Adjustments. Failure by any person to appeal the notice within that time period shall constitute a waiver of right to an administrative hearing.
(4) The sign owner or landowner, if the sign owner is unknown, shall have 90 days to remove advertisements for establishments that are no longer in business.
(Ord. passed 2-3-2011, § 2.30.100)
§ 155.280 PERMITS AND FEES.
Upon making application for a sign permit, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. passed 2-3-2011, § 2.30.110)