HomeMy WebLinkAboutArticle 11 PC Review Draft REDLINE
ULUR 2008
GARFIELD COUNTY, COLORADO
Article 11: Signs
PLANNING COMMISSION
REVIEW DRAFT
MARCH 13, 2013
REDLINE
Article 11
Signs
Table of Contents
DIVISION 1 GENERAL PROVISIONS 1
11-101 PURPOSE. 1
11-102 APPLICABILITY. 1
A. General. 1
B. Sign Permit Required. 1
C. Sign Size Measurement. 1
11-103 EXEMPT
SIGNS AND STANDARDS. 1
11-104 TEMPORARY SIGNS AND STANDARDS 2
DIVISION 2 SIGN PERMIT APPLICATION, REVIEW, AND APPROVAL 3
11-201 PROCESS. 3
11-202 REVIEW CRITERIA. 4
11-203 SIGN TABLE. 6
11-202 VARIAN
CE. 9
DIVISION 3 MAINTENANCE, INSPECTION, AND ENFORCEMENT. 9
11-301 OBSOLETE SIGNS 9
11-302 NONCONFORMING SIGNS. 9
11-303 MAINTENANCE, INSPECTION AND ORDER TO REPAIR. 10
A. Maintenance. 10
B. Inspe
ction and Authority for Order to Repair. 10
C. Written Order. 10
11-304 REMEDIES. 10
A. Removal of Abandoned or Obsolete Sign. 10
B. Removal of Prohibited Sign. 10
C. Revocation of Sign
Permit. 11
11-305 ENFORCEMENT AND PENALTIES. 11
ARTICLE 11: SIGNS
DIVISION 1 GENERAL PROVISIONS
11-101 PURPOSE.
Appearance.
To protect the natural aesthetic character and scenic beauty of the community.
Identification.
To enable
places of residential development and of commerce to be easily identified and allow the communication of information necessary and appropriate to the conduct of business.
Compatibility.
To permit signs that are compatible with their surroundings, but preclude placement in a manner that conflicts with the principal uses of the site, adjacent land uses or adjacent signs,
or that interferes with or distracts or obstructs the vision of motorists, bicyclists or pedestrians.
Prevent Hazards.
To prevent hazardous situations, confusion and visual clutter
caused by unrestricted proliferation of signs and by improper placement or installation, improper illumination, animation, and excessive height, area and bulk of signs.
Safety.
To
promote public health, safety and general welfare by prohibiting signs that have not been constructed, installed or maintained in a safe manner.
11-102 APPLICABILITY.
General.
The
regulatory provisions of this Article shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Garfield
County.
Sign Permit Required.
Unless specifically exempted by provisions of this Code, all signs require a Sign Permit, issued by the Building Official, prior to installation or placement.
Modification or deviation from the terms or conditions of an approved Sign Permit is prohibited without approval of the Building OfficialInspector.
Sign Size Measurement.
The area of
a sign shall be measured as the sum of all sign faces, except where a sign has 2 parallel display faces in which case the area of 1 side shall be considered the total area of signage
for that sign.
SECTION 11-103 PROHIBITED SIGNS.
The following signs and advertising devices are prohibited in all zone districts.
Structurally Unsafe Signs.
Signs that are structurally unsafe or hazardous.
Signs that obstruct or interfere with traffic signs or signals, or that impair visibility in the public
right-of-way, or that are located within a clear vision area
Signs Blocking Ingress or Egress.
Signs that prevent free ingress or egress from any door, window or fire escape. No
sign shall be attached to a standpipe or fire escape, except those signs that may be required by other codes, regulations, or ordinances for public safety.
Signs Obstructing Visibility.
Signs that obstruct or interfere with traffic signs or signals, or that impair visibility in the public right-of-way, or that are located within a clear vision area.
1. A freestanding
sign shall not be placed at the intersection of 2 streets within the triangular area defined by a line extending from the point 30 feet from the intersection of curb-lines along 1 street
to a point 30 feet from the intersection along the other curb-line.
Displays with Open Light Bulbs.
External displays, other than temporary decorative holiday lighting, that consist
of unshielded or open light bulbs.
Signs Without Adequate Clearance from Power Lines.
Signs that have been constructed or maintained with less horizontal or vertical clearance from
authorized communication or energized electrical power lines than that prescribed by state law or required by the utility provider.
Off-Premises Signs.
Signs not located upon the property
or business identified or advertised by the sign, and signs located in the public right-of-way or easement, unless the Board of Adjustment determines that an off-site sign conforms to
the district regulation in which the sign is located and is necessary to promote the interests of the use to which it relates.
Vehicle Signs.
Signs placed on vehicles or trailers
whose sole purpose is for advertising, that are parked or located for the apparent purpose of advertising a product, service or activity or to direct people to a business or activity
located on the premises or nearby
Obsolete Signs.
Signs that are located on property that becomes vacant and unoccupied for a period of six months or more, or signs that pertain to
a time, event or purpose that no longer applies. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed
by the owner may be removed by the Chief Building Official, as authorized in this Code, provided however, that the following types of signs shall be excepted from these provisions:
Exception
for Change of Ownership. Signs displayed on a business temporarily suspended because of a change of owner ship or
management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of 12 months or more.
Exception for Seasonal
Business. Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed
for a period of 12 months or more.
Signs Imitating or That May Be Construed To Be Traffic Signals.
Signs which that imitate an official traffic sign or signal or which contain the
words “stop,” “slow” or other similar words.
Signs which that are of a size, location, movement, content, coloring or manner of illumination that may be confused with or construed as
a traffic-control device.
Signs of Obscene Character.
Signs or pictures of an obscene, indecent or immoral character that will offend public morals or decency, based upon constitutional
standards.
More than One Sign Per Lot.
More than one sign per lot street lot, unless otherwise permitted by these Regulations.
11-103 EXEMPT PERMANENT SIGNS THAT ARE EXEMPT FROM
PERMIT REQUIREMENTSAND EXEMPT PERMANENT SIGN STANDARDS..
The following permanent Permanent signsSigns and advertising devices are allowed in all zone districts and do not require
a sign permit. Exempt Permanent Ssigns shall be subject to compliance with the currently adopted Building and Electrical Code, the restrictions set forth in Section 11-106 Prohibited
Signs, the regulatory provisions in Section 11-203302 Sign Table, and the Standards listed in this Section. are exempt from the sign permit requirements. Signs exempt from permit requirements
shall be subject to compliance with the restrictions set forth in Section 11-106, Prohibited Signs.
Government Signs and Notices.
Government signs for local, state and federal agencies,
such as including “Neighborhood Watch” signs and COGCC required signs..
Official government notices posted by government officers in the performance of their duties or by a landowner
required to post a notice by government officials.
Signage for Hazardous or Dangerous Conditions.
Temporary or permanent signs erected by a public utility company or construction
company to warn of dangerous or hazardous conditions.
Warning signs such as “No Trespassing,” “Danger,” and “Do Not Enter.”
Building Identification and Commemorative Signs. Building
name, date of erection, monumental citations and commemorative tablets when carved into stone, concrete or similar material or made of bronze, aluminum or
other permanent-type construction and located as an integral part of the structure.
Structural Maintenance and Changes to Advertising Copy. Painting, repairing and cleaning of an advertising
structure or changing the advertising copy or message on an advertising structure, unless a structural change is made.
Residential Signs. Personal idIdentifications signs for places
of residence., provided that there is a maximum of 1 per residence and the sign does not exceed a maximum sign area of 2 square feet.
Vehicle Signs and Advertising Devices. Signs permanently
affixed to a vehicle or trailer with current registration,, such as business namesadvertisements painted on trucks and cars., unless the vehicle is parked specifically for advertising
purposes.
Gasoline Pump Signs. Signs over gas pumps which indicate gas prices, provided that these signs shall be limited to 1 per pump island and shall be no larger than 4 square feet
per sign face, with a maximum of 2 sign faces per pump island.
Art Displays. Works of fine art which do not serve to identify a product or business and which are not displayed in conjunction
with a commercial enterprise that may benefit or realize direct commercial gain from the display.
Directional Traffic Signs. Directional traffic signs which that do not exceed 4 square
feet per sign face, do not exceed 6 feet in height above ground level, and which do not carry any commercial messages or advertisements.
Signs Identifying a Place of Religious Assembly.
Signs identifying a building as a place of religious assembly or as a religious institution, provided that:
The sign is not larger than 90 square feet of total sign area in a residential
or agricultural zone district, or 150 square feet of total sign area in a commercial or industrial zone district.
The sign otherwise complies with restrictions and conditions set forth
in these Regulations.
7. Ideological Sign. A sign expressing philosophical concepts, including religious and political signs.
11-104 TEMPORARY SIGNS AND TEMPORARY SIGN STANDARDS.
Temporary
Signs Exempt From Permit Requirements.
The following Ttemporary signs Signs and advertising devices are allowed in all zone districts and do not require a sign permit. Temporary signs,
excluding decorations and displays, shall not be illuminated and be subject to compliance with the currently adopted Building Code, the restrictions set forth in Section 11-106 , Prohibited
Signs, the regulatory provisions in Section 11-302203 Sign Table, and the Standards listed in this Section..
Construction Sign. On building construction sites, individual signage for
the participating building contractors, subcontractors, participating
professional firms, participating lending institution and property owners on the construction site. The total square footage of all signs on a site shall not exceed 32 square feet.
All signs shall be removed no later than 7 days after the completion of the project or the issuance of the Certificate of Occupancy. for the project.
Temporary Political Campaign
Signs. Signs announcing candidates seeking public office and signs relating to ballot issues.
Temporary Political Campaign Signs. Signs announcing candidates seeking public office,
with pertinent data, and signs relating to ballot issues, with pertinent data, subject to the following limitations:
Political campaign signs in any residential district shall not exceed
5 square feet per sign face or 10 square feet total area of signage.
Political campaign signs in commercial zone districts shall not exceed a maximum sign area of 32 square feet for
each sign face.
Political campaign signs shall be setback a minimum of 8 feet from the nearest pavement edge.
Political campaign signs shall be removed no later than 7 days after the
election for which they are intended.
Real Estate Signs. 1 real estate sign per street frontage ofon the lot being offered for sale, rent or lease. The real estate sign shall be removed
no later than 7 days after the closing of the real estate conveyance.
Garage Sale Signs. 1 gGarage sale signs shall not exceeding 6 square feet of sign area for all sign faces, which
is installed on the lot or series of contiguous lots under the same ownership on which the garage sale is located, and which isand shall be installed not more than 7 days prior and 2
days after to the garage sale. Garage sale signs shall be removed no later than 2 days after the garage sale.
Community Event and Non-Profit Fund Raising Signs. Signs announcing any
public, charitable, educational, or religious event or function shall comply with the Standards in Sign Table 11-203, but can , with a total sign area of not more than 20 square feet
for all sign faces, beand installed for a period of not more than 21 days prior to and 7 days after the event. These signs shall be removed not later than 7 days after the event.
Temporary
Decorations and Displays. Temporary decoration or displays which that are clearly incidental to and are customarily associated with any national, local or religious holiday or celebration.
No
Illumination.
Temporary signs shall not be illuminated.
Restricted Location.
Unless otherwise permitted by these Regulations, temporary signs must be placed only on private property,
located outside any right-of-way or easement, and placed to avoid any sight obstruction for motorists, cyclists and pedestrians.
Removal.
Unless otherwise permitted by these Regulations, temporary signs shall be removed within 2 days of the activity or event for which the temporary sign was posted.
County
Right-of-Way.
Any signs located in a County right-of-way shall comply with the Garfield County Road and Right-of-way Regulations.
SECTION 11-107 DEVELOPMENT IDENTIFICATION SIGNS,
INDUSTRIAL AND COMMERCIAL, PUD OR SUBDIVISION SIGNS.
New Development.
A sign proposed to identify a development, and signage proposals for industrial and commercial uses located in
a commercial and industrial PUD or subdivision, are subject to review and approval by the BOCC as part of the PUD or subdivision review and approval process. An approved plan establishing
the regulatory provisions and restrictions for signage in the commercial or industrial PUD or subdivision shall be required for final plat approval, and recorded with the final plat.
Existing Development.
Existing commercial and industrial uses that are legally platted as PUDs or subdivisions under previous Garfield County land use regulations shall be allowed
one (1) freestanding sign per development and one (1) identification sign for each business located in the development. The sign height and area of the sign face shall be in compliance
with the sign code provisions applicable to the underlying zone district. A plan establishing the regulatory provisions and restrictions for signage in the PUD or subdivision development
shall be approved by the BOCCAdministrative Review and recorded with the County Clerk and Recorder.
SECTION 11-108 PUBLIC AIRPORT ZONE DISTRICT SIGNS.
In the Public Airport Zone District
(PA), a wall sign shall be allowed on the runway side of the building and at the public access side of each building.
DIVISION 2 SIGN PERMIT APPLICATION, REVIEW, AND APPROVAL
11-201 PROCESS.
Appli
cation Materials.
Any application for a sign permit shall include the following materials. The Chief Building Official may require additional materials or information as deemed necessary
to properly evaluate the proposed sign.
1. Application Form and Fees. The application for a sign permit shall be made by the owner of the property on which the sign is to be located,
or the owner’s
authorized agent. The permit fee shall be established by resolution of the BOCC and the fee schedule provided to the applicant by the Chief Building Official. Application shall be
made on forms provided by the Chief Building Official and shall include the following information.
The name, address and phone number of the applicant.
The physical address of the
property.
Zoning of the property.
The nature of the principal use to be identified by the proposed sign.
2. Scale Drawing of the Sign. A scale drawing of the proposed sign, that
includes exact dimensions and area calculations, text, and color and materials proposed for the sign.
3. SitePlat Plan. A siteplat plan, drawn to scale, showing the proposed location
and orientation of the sign. The plat plan shall include all public easements and rights-of-way of record that may affect or be affected by the location of the proposed sign.
4. Description
of Sign Illumination. A detailed description of the sign illumination. This may be shown on the scale drawing of the proposed sign. Description of illumination shall include target
illumination levels, hours of operation, control methods, lamp and luminaire information, and manufacturer description.
Review and Approval.
Completeness Determination. Within three
(3)5 working days of receiving an application for Sign Permit, the Chief Building Official shall determine whether the application is complete, based upon the requirements for application
materials set forth in Section 11-201(A).
Evaluation. Upon determination of completeness, the Chief Building Official shall review the application and approve, approve with conditions
or deny the Sign Permit based upon compliance with Section 11-203, Sign Permit Review Criteria.
Permit Issuance. Written Notice of Action by Chief Building Official. Within 10 days
of the application being determined complete, tThe Chief Building Official shall either issue a permit, issue a permit with conditions or shall provide written notice to the applicant
stating approval, conditions of approval, or denyingial the application and the specific review criteria that were not met..
Appeal. The Chief Building Official’s decision may be
appealed to the BOCC. The process for application, review and approval of an appeal of the Director’s decision is set forth in Section 4-11104(C) of Article IV.
Variance. The applicant
for a sign permit may apply to the Board of Adjustment for a variance from provisions of this Code. The process for application and review of a variance request is set forth in Section
4-115, Variance.
SECTION 11-202 VARIANCE.
The applicant for a sign permit may apply to the Board of Adjustment for a variance from provisions of these Regulations. The process for application and
review of a variance request is set forth in Section 4-301 of Article IV, Application and Review Procedures.
11-202 SIGN PERMIT REVIEW CRITERIA.
Location. On-Premises Advertising.
One sign may be allowed per lot street frontage, unless otherwise permitted by this Code.
The sign identifies or advertises the legally established principal use of the lot on which
the sign is located.
A sign shall be located upon the property or business identified or advertised by the sign,
The sign is located entirely on private property and shall not be located
in a public right-of-way or an easement.
Dimensions.
The size and height of the sign complies with standards set forth in the Section 11-302, Sign Table.
1. Where a sign has two
display faces, the area of one side shall be considered the total area of signage for that sign.
2. Where a sign consists of two, essentially equal, sign faces positioned at an angle
of less than 180 degrees, the combined area of both sides shall be considered the total area of signage for that sign.
Changeable Message.
Signs with a changeable message must remain
motionless for no less than 5 seconds.
Illumination.
No Impact to Neighboring Property. All signs excluding temporary decorative holiday lighting, shall have shielded and covered light
bulbs.
Signs shall not blink or flash.
Illuminated signs shall not cause glare or otherwise adversely impact residential areas.
No Impact to Traffic. Neither the direct or reflected
light from any light source illuminating the sign shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. Colored
lights will not be used at any location or in a manner so as to be confused with or construed as a traffic control device.
Location.
The sign is entirely located on private property.
The sign does not create an obstruction for traffic or create any hazard for motorists, cyclist or pedestrians.
Safety.
The All signs shall be subject to compliance with the currently adopted Building and Electrical Code will and shall be constructed in a manner that does not present a hazard
situation.
Signs shall not obstruct or interfere with traffic signs or signals, impair visibility in the public right-of-way, or be located within a clear vision area per Figure 7-305A
and B.
Signs shall not prevent free ingress or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape, except those signs that may be required
by other codes, regulations, or ordinances for public safety.
Signs shall be constructed or maintained with sufficient horizontal and vertical clearance from authorized communication
or energized electrical power lines as prescribed by state law or as required by the utility provider.
All signs shall not create an obstruction for traffic or create any hazard for
motorists, cyclist or pedestrians, including:
Signs shall not imitate an official traffic sign or signal or which contain the words “stop,” “slow” or other similar words,
Signs shall
not be of a size, location, movement, content, coloring or manner of illumination that may be confused with or construed as a traffic-control device.
All signs shall be structurally
safe, not hazardous and shall comply with the currently adopted building and electrical code and shall meet the following:
Signs over 10 feet in height and/or 40 square feet in surface
area shall be engineered to withstand a wind loading. of a minimum of 30 pounds per square foot of sign area without failure of the face retention system or sign structure..
Electrical
wiring for the sign shall be underground in the case of freestanding signs, and behind the sign cabinet in the case of wall or projecting signs.
Roof signs, signs mounted on marquees,
or projecting signs shall be engineered in such a manner that no guy wires are needed for support, other than for the sign structure itself.
Anchors and supports shall be protected when
near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel shall be safely and securely fastened
thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except
flat wall signs, shall be connected to or supported by a parapet wall that is not braced.
Content..
A sign shall not be of an obscene, indecent or immoral character that will offend
public morals or decency, based upon constitutional standards.
Dimensions.
The size and height of the sign complies with standards set forth in the Section 11-203, Sign Table.
DIVISION 3. USE RESTRICTIONS, CONSTRUCTION AND MAINTENANCE.
SECTION
11-301 INCORPORATION OF THE UNIFORM SIGN CODEBUILDING AND ELECTRICAL CODE..
The Uniform Sign Code, 1979 Edition, of the International Conference of Chief Building Officials, including
all appendices, is hereby adopted by the County to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality
of materials, construction, location, size, electrification and maintenance of all sign structures not located in a building. Section 303.3 of the Uniform Sign Code, 1979 Edition, is
hereby deleted. In the event of conflict between the regulatory provisions of the Uniform Sign Code and this Code, the more restrictive provisions shall control.All signs shall be subject
to compliance with the currently adopted Building and Electrical Code.
11-23023 SECTION 11-302 SIGN TABLE.
The Sign Table details the regulatory provisions for signs in each zone
district.
A. Abbreviations.
Zone Districts are represented by the following abbreviations:
R Rural
RS Residential Suburban
RU Residential Urban
CG Commercial - General
CL Commercial
– Limited
I Industrial
RLP Resource Lands - Plateau
RLGS Resource Lands – Gentle Slope
RLE Resource Lands – Escarpment
RLTS Resource Lands – Talus Slopes
PA Public Airport
PL Public
Lands
B. Definition of Types of Signs and Structural Types of Signs.
Definition of the terms identifying types of signs and structural types of signs is set forth in Article XVI16,
Definitions.
Table 11-203: Sign Table
Zoning District
Structural Types of Signs
Sign Type
Max. Height (feet)
Max. Sign Area per Face (square feet)
Additional Requirements
Business
Construction
Identification
Identification, Joint
Ideological
Temporary
R
Freestanding
X
X
X
X
X
X
20
90
Wall
X
X
X
X
X
X
Height of Wall---
---
3032
2 square feet per lineal foot of building frontage not to exceed max. sign area. Temporary signs shall be max 10 feet in height and 32 square feet in size, unless otherwise allowed
per 11-103.
Projecting
X
X
X
X
X
X
Suspended
X
X
X
X
X
X
Ht. of Ceiling---
Roof
X
X
X
X
X
X
Peak of Roof
RS/RU
Freestandin
g
X
X
X
X
X
4
3032
For Freestanding Signs are for subdivision Identification only
Wall
X
X
X
X
X
N/A---
2.5
Temporary
X
X
X
X
4
6
Unless otherwise
allowed per 11-1034
CG/CL
Freestanding
X
X
X
X
X
X
30
150
Wall
X
X
X
X
X
X
Height of Wall---
60
2 square feet per lineal foot of
building not to exceed max. sign area
Projecting
X
X
X
X
X
Suspended
X
X
X
X
X
Height of Ceiling---
Roof
X
X
X
X
X
Peak of Roof
Temporary
X
X
X
X
X
10
32
Unless otherwise allowed per 11-1034
RL-GS
Freestanding
X
X
X
X
X
20
90
Wall
X
X
X
X
X
Height of Wall---
---
3032
2
Square square feet per lineal foot of building frontage, not to exceed max. sign area
Projecting
X
X
X
X
X
Suspended
X
X
X
X
X
Height of Ceiling---
Roof
X
X
X
X
X
Peak of Roof---
Temporary
X
X
X
X
X
10
3032
Unless otherwise allowed per 11-1034
RL-P
Freestanding
X
X
X
X
X
15
50
Wall
X
X
X
X
X
Height of Wall---
3032
2 square feet per lineal foot of building frontage not to
exceed max. sign area
Projecting
X
X
X
X
X
Suspended
X
X
X
X
X
Height of Ceiling
Roof
X
X
X
X
X
Peak of Roof
Temporary
X
X
X
X
X
5
30
32
Unless otherwise allowed per 11-1034
PA
Freestanding
X
X
X
X
X
30
150
All signs subject to Airport Manger approval
Wall
X
X
X
X
X
Height
of Wall---
---
180*
2 square feet per lineal foot of building frontage not to exceed max. sign area. A wall sign shall be allowed on the runway and public access side of each building.
All signs subject to Airport Manger approval
Projecting
X
X
X
X
X
Temporary
X
X
X
X
X
10---
32
All PA Ssigns sSubject to Airport Manger approval
TABLE
NOTES:
1. Multiple Property Frontage. If the lot on which a building is located has multiple property frontage, then the sign limitation for that zone district shall apply to all districts.
2. Air
Space Requirement for Freestanding Signs. Freestanding signs shall maintain free air space between a height of forty-two (42) inches and a height of seventy-two (72) inches above the
adjacent street.
11-202 VARIANCE.
Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration,
insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports that are not galvanized or constructed of rust resistant
metals.
DIVISION 3 MAINTENANCE, INSPECTION, REMEDIES AND ENFORCEMENT. OF SIGN PERMIT REGULATIONS
11-301 OBSOLETE SIGNS
Applicability.
An obsolete sign, is a sign that is
Located on
property that advertises a business, event, etc that moves, closes, or becomes vacant or unoccupied becomes ant and unoccupied for a period of 6 months or more, or
Signs that pertain
to a time, event or purpose that no longer applies,
Removal.
The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that
is not so removed by the owner may be removed by the Building Official, as authorized in this Code, provided however, that the following types of signs shall be excepted from these provisions:
Except
ion for Change of Ownership. Signs displayed on a business temporarily suspended because of a change of owner ship or management of the business shall not be construed to be obsolete
unless the property remains vacant or the business is closed for a period of 12 months or more.
Exception for Seasonal Business. Permanent signs displayed on a business that is open
only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of 12 months or more.
11-302 NONCONFORMING
SIGNS.
Legally Nonconforming Signs.
Signs legally erected prior to adoption of this Codeese Regulations and lawfully maintained in accordance with the provisions of prior regulations,
but which do not conform with the provisions of this Codeese Regulations, shall be allowed to continue as a legally nonconforming sign for a period of 8 years from the effective date
of these regulations, under the following conditions:
The nonconforming sign shall not be structurally altered in any manner that increases the nonconformity of such sign.
The nonconforming
sign shall not be relocated or replaced in manner that continues the nonconformity.
The burden of establishing a sign to be a legally nonconforming sign under this Code shall rest entirely upon the owner.
The nonconforming sign shall be removed or brought into compliance
with these Regulations at the end of the 8-year period.
Termination of Legally Nonconforming Signs.
Abandonment. Legally nonconforming signs pertaining to activities or occupants
that are no longer using a property shall be removed from the premises within six months after the associated activity or occupant has vacated the premises. Any such sign not removed
within the required period shall constitute a violation of this Code and shall be subject to removal by action of the County.
Destruction, Damage or Obsolescence. The right to maintain
any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of 50% of its replacement cost, or becomes obsolete or substandard to the extent that the sign
becomes a hazard.
Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in compliance with the maintenance requirements
set forth in Section 11-4303, Maintenance.
Violations. Any violation of these Regulations or the prior regulations under which a legally nonconforming sign has been permitted shall
immediately terminate the right to continue use of the nonconforming sign. The BOCC may choose to condemn a legally nonconforming sign found to be in violation of this Code.ese Regulations.
Recommendations for condemnation shall be made by the Chief Building Official to the BOCC in compliance with the procedures set forth in this Code.
11-303 MAINTENANCE, INSPECTION AND
ORDER TO REPAIR.
Maintenance.
Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free
from deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports that are not galvanized or constructed
of rust resistant metals.
Inspection and Authority for Order to Repair.
The Chief Building Official shall inspect and shall have the authority to order the repair, alteration, painting
or removal, at the owner’s expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.
Written
Order.
When the Chief Building Official finds that a violation of these Regulations exists, he shall issue a written order to the alleged violator.
The order shall be served on both
the property owner and the owner of the sign, if different, personally, or by certified mail, return receipt requested.
The order shall specify the regulatory provisions that the individual
may be in violation of, and shall state that the individual has 10 days from the date of receipt of the order in which to correct the alleged violation or to file an appeal with the
BOCC.
11-304 REMEDIES.
Removal of Abandoned or Obsolete Sign.
If, upon inspection, the Building Official finds that a sign has been abandoned, a written order shall be issued to the owner
of the sign and/or owner or occupant of the premises stating the violation and requiring that the sign be removed within 10 days of receipt of the order. In cases of emergency, the
Building Official may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense
of the owner of the sign or premises.
Removal of Prohibited Sign.
In the case of a prohibited sign, the sign owner or owner of the premises shall be required to remove the offending
sign(s) within 102 days of receipt of written notification served on the sign owner or property owner personally or by certified mail, return receipt requested. If the sign is not removed
in compliance with the order, the County may remove the offending sign(s) and recover the costs from the owner of the sign(s) or the property owner.
Revocation of Sign Permit.
If the
Building Official finds that the sign under any permit issued does not comply with the information supplied in the permit application and/or is in violation of thisese CodeRegulations,
or finds that there has been any misrepresentation in connection with the application for the permit, he shall notify the sign owner of such findings and notify the sign owner that the
violation must be corrected within 105 working days. The sign owner shall have 5 working days in which to reply to such notification. If such correction is not made within the 105
working- day period, the Building Official shall revoke the permit and shall serve written notice thereof upon the sign owner.
11-305 ENFORCEMENT AND PENALTIES.
Violations of the
regulatory provisions in this Article 11 are subject to the applicable enforcement and penalty provisions set forth in Article 12, Enforcement, Violation and Penalties.