Section 1. Definitions.
The term “outdoor advertising signs” as used in this ordinance means any card, cloth, paper, metal, painted glass, wooden, plaster, stone, or other sign of any kind or character displayed for informational or advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term “display” includes erecting, constructing, posting, painting, printing, writing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever. The term “outdoor advertising structure” means any structure of any kind or character not attached to any building, and erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be displayed, including also outdoor advertising statuary. The term “sign” means any outdoor advertising sign or outdoor advertising structure.
Section 2. Signs for which Permits Are Required.
The owner or occupant of any premises on which there is displayed a sign having an area of 6 sq. feet or more, or the owner of such sign (other than signs authorized by paragraphs 3(a) 3(b), and 3(c) of this ordinance) shall file application with the City Clerk before any such sign is displayed. At the time of the filing of an application with the Clerk for permission to display a sign, the applicant shall accompany such application with a description thereof, and a sketch showing the size, location, manner of construction, and such other information as shall be necessary fully and completely to advise the Council of the kind, size, construction, and location of the same. No sign having an area of 6 sq. feet or more shall be displayed at any time unless a permit thereof, which shall specify the location of the sign, shall have been granted by the Council, and the applicant shall have complied with the terms of this section and paid the annual license fee provided herein. Despite the compliance by the applicant with all other provisions of this ordinance, the Council reserves the right to deny the permit applied for if, in the opinion of the Council, the erection of the sign for which a permit is requested would tend to create or increase a traffic condition dangerous to the public. If any permit is denied on the grounds specified in the preceding sentence, a statement of such grounds shall be set forth in the resolution of the Council authorizing the denial of the permit.
Section 3. Special Regulations for Open Development District.
In the City, no new signs shall be erected on any premises except:
(a) Signs less than 24 sq. feet in area and displaying the name only of the property or premises upon which displayed or of the owner or lessee thereof; or pertaining only to the sale, rental, or lease of such premises;
(b) Street and traffic signs and signs on municipal buildings;
(c) The following signs upon the securing of a permit, if required herein, for each such sign:
1) Signs advertising the sale of a subdivision or of lots therein and located thereon;
2) Directional and informational signs of a public or quasi-public nature, including signs serving as directional signs to properties not situated adjacent to the street upon which such signs are located;
3) Signs and bulletin boards of the City of Mazeppa, churches, libraries, museums, schools, or memorial buildings;
4) Signs which are located not less than 500 feet from any dwelling, other than a dwelling owned by the person who also owns the land upon which the sign is located. If any sign is now or hereafter erected or placed in accordance with the terms of the paragraph, and thereafter a dwelling, other than a dwelling owned by the person who also owns the land upon which the sign is located, is erected or acquired at a place which is less than 500 feet form said sign, such sign shall within one year after notice of such fact by the Clerk of this City to the owner thereof or to the owner of the land on which the sign is located, be removed. Notwithstanding the provisions of the paragraph, the Council shall have the power to grant a permit for any sign now or hereafter located within 500 feet of any dwelling, if the granting of such permit would not unreasonably contravene the purposes of the ordinance and the zoning ordinance of the City. Any permit granted by the Council pursuant to the provisions of the preceding sentence shall be subject to revocation by the Council upon written notice to the owner thereof, or the owner of the land upon which the sign is located. Within one year after such notice of revocation of such permit, such sign shall be removed. If any sign is not removed within the time specified in any notice provided for hearing, the City may remove such sign and collect the cost of removal from the owner of the land on which such sign is located, or from the owner of the sign, by action brought in any Court of competent jurisdiction;
5) Signs located on a tract or parcel of land on which there is conducted a business permitted by the zoning ordinance, if such sign advertises the business conducted or product sold on such tract or parcel of land.
Section 4. Rules and Regulations for New Signs.
No sign for which a permit is required shall be displayed, erected, constructed, altered, or moved, unless the following requirements have been complied with in good faith:
(a) No outdoor advertising structure shall exceed 25 feet in height above the ground or the roadway level, whichever may be higher, and every such structure, other than statuary, shall have an opening of at least 2 feet between the lower edge thereof and the ground, which space shall not be closed in any manner while the structure stands. The owner, lessee, or manager thereof, and the owner of the land on which the same is located, shall keep all grass, weeds, and other growths cut and cleaned up between the structure and street, and also for a distance of 6 feet behind at the ends of the structure.
(b) No outdoor advertising structure shall approach at any point nearer than 3 feet to any building or the side of any lot without the written consent of the owner of such building or land so affected, nor nearer to any street line than the established or customary uniform building line upon the street where such structure shall be erected.
(c) No sign shall exceed 1,000 sq. feet in area.
(d) All signs shall be constructed in such a manner and of such material that they shall be safe and substantial according to the plans and specifications to be approved by the Council; provided that nothing in this ordinance shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building ordinance of the City.
(e) No sign shall contain any indecent or offensive picture or written matter, which shall be defined as matter or material which violates contemporary community standards of the City of Mazeppa.
(f) The Council in granting permits for illuminated signs shall specify the design thereof and the hours during which the same may be kept lighted, when in their discretion they shall determine such action to be necessary to prevent the creation of a nuisance.
(g) No sign shall be displayed on any public street.
(h) No sign shall be displayed within 50 feet of any street or highway sign, or of any traffic sign or signal, or of any crossroad or crosswalk, except when permit therefor is approved by the Council. A permit will be issued under this Section 4(h) only if:
1) The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal or any crossroad or crosswalk, and
2) The sign will not distract drivers or offer any confusion to any street or highway sign, or any traffic sign or signal.
Section 5. Removal of Signs Violating Ordinance.
(a) Every sign which may be or become out of order, rotten, or unsafe, and every sign which shall be erected contrary to the provisions of the ordinance, shall be removed or otherwise properly secured, in accordance with the terms of the ordinance by the owners thereof or by the owner of the ground on which said sign shall stand, upon receipt of notice to do so mailed to them by the Clerk.
(b) Signs not conforming to the requirements of Section 3 and Section 4(h) shall be removed immediately. In case of failure to comply, the Clerk shall notify by mail the owner thereof or the owner of the land on which said sign is located, or both, of their duty to remove said sign, and if said sign is not removed within 30 days after the mailing of such notice, the City may remove such sign and collect the cost of removal from the owner of the land on which such sign is located, or from the owner of the sign, by action brought in any Court of competent jurisdiction. The collection of such cost of removal pursuant to this paragraph shall not prevent the imposition of any other penalties for violation of this ordinance.
(c) Existing signs not conforming to the requirements of paragraph 4(e) shall be removed with notice as being detrimental to public safety.
Section 6. Removal by the City.
In the event of the failure of the owner of any sign or the owner of the ground on which the sign is located to remove or repair such sign within the time stated in any notice issued pursuant to the provisions of this ordinance, but not less than 10 days, the same may be removed by the City at the expense of the owner of such sign, or the owner of the ground upon which such sign stands, and the amount of such expense may be collected by the City by action brought in any Court of competent jurisdiction.
Section 7. License Fee.
Except as hereinafter provided, there is hereby imposed an annual license fee for each sign exceeding 6 sq. feet in area (other than signs authorized by paragraphs 3(a), 3(b), and 3(c)(3) of this ordinance), which fee shall be set by resolution of the City Council. Such fee shall be payable at the time of application for a permit for such sign, and on or before April 1 of each year thereafter. The annual license fee provided herein shall not be payable with respect to any outdoor advertising sign painted on the roof or walls of any building except that at the time of application for the original permit hereunder for such sign there is hereby imposed, and there shall be paid, an original permit fee to be set by resolution of the Council.