Editor's Note — Ord. no. 1974 §1 adopted March 18,
1997, repealed ch. 425 and enacted the new provisions set out herein.
Former ch. 425 derived from CC 1976 §§29½-16 —
29½-40; ord. no. 1556 §§1 — 16, 11-21-89; ord.
no. 1755 §1, 3-8-94; ord. no. 1864 §1(E), 8-1-95.
[Ord. No. 1974 §1, 3-18-1997]
A.
This
Chapter shall be known as the Sign Code of the City of Pacific, and
may be so cited and pleaded, and shall be referred to herein as "this
Chapter".
B.
The
provisions of this Chapter shall govern the erection of all signs
and related advertising devices, together with their appurtenant and
auxiliary devices, in respect to size, location, and structural fire
safety.
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2076 §1(A), 1-19-1999]
As used in this Chapter the following terms shall have these
prescribed meanings:
A plastic material more than one-twentieth (1/20) inch thick
which burns at a rate of not more than two and one-half (2½)
inches per minute when subjected to ASTM Standard Test for Flammability
of plastics in sheets of six-one-hundredths (6/100) inch thickness.
Any structure entirely supported by the wall to which it
is attached and which has a frame covered by a temporary material
and/or which can be retracted against the wall by which it is supported.
A sign produced on cloth, vinyl or similar flexible material.
A sign which is erected under permit of the Missouri Department
of Transportation and this City which advertises a product, service
or activity sold, rented, or conducted or offered at a location other
than the premises on which the sign is located.
Any structure attached to the building at the inner end and
supported on the outer end in conformance with the Building Code of
the City of Pacific.
The City of Pacific.
The Building Commissioner of the City of Pacific and his/her
assistants, unless otherwise specified.
To build, attach, hang, rehang, place, affix, or relocate
and includes the painting and repainting of wall and window signs.
The length of the lot along the street side. The front of
a lot bordering more than one (1) street is along the shortest street
side.
A non-porous bag filled with air and tethered to an immobile
object used for advertising purposes.
A parcel of land intended to be separately owned, rented,
leased, developed or otherwise used.
Any hood or awning of permanent construction and supported
entirely by the building which projects from the wall of a building
and over a sidewalk or pedestrian thoroughfare.
A firm, organization, association, partnership, trust, company,
corporation, or government entity or official as well as an individual.
That portion of a lot or building occupied by a single occupant,
exclusive of common area, if any, shared with adjacent occupants.
Any commercial premises having two (2) or more occupants
with separate street entrances.
Any surface displaying advertising or a message for public
consumption and designed and placed so as to be seen from outdoors.
Sign supports are not a part of the sign.
The area of the sign face. The area within a single rectangle
or circle enclosing the extreme limits of the sign, but not including
structural supports, except that in the case of an individual letter
sign, only two-thirds (⅔) of the enclosing rectangle or circle
shall be counted as the gross area of the sign. The "sign area" of
a multifaced sign is the sum of the sign areas of each face.
The total allowable sign area for a premises.
The sum of all sign areas for a particular type of sign.
A sign containing the name and/or logo of the complex or
center, listing only the name of the business or businesses, with
a maximum height of ten (10) feet, and a maximum width of ten (10)
feet. The base of said sign shall be landscaped.
The entire area within a parallelogram which encloses the
extreme limits of the sign lettering and/or graphic message.
A sign, constructed with or without wheels, and intended
to be easily moved. Some portable signs are commonly known as commander
boards.
The sign and all parts associated with its construction.
All structures by which a sign is held up, including, for
example, poles, braces, guys, and anchors.
Signs attached to an awning or canopy.
Any detached sign which has its bottom portion erected upon
or supported by the ground.
Any sign hanging entirely beneath a canopy or marquee.
Any sign which is illuminated by light sources either mounted
on the sign or at some other location.
Any portable sign or any sign attached to a sign support
which exists in addition to the primary wall, ground, marquee, or
awning sign at any commercial premises.
Any sign attached to a permanent structure designed as a
roof over a pedestrian walkway.
A sign existing on the effective date of this Chapter, March
18, 1997, which could not be erected under the terms of this Chapter.
Any detached sign supported by one (1) or more stationary
poles longer than five (5) feet above the mean grade line of the base
or ground.
Any sign which projects more than fifteen (15) inches beyond
the plane of the wall on which the sign is erected.
Any sign erected on a roof.
Shopping center identification sign.
Any sign intended for a limited or intermittent period of
display.
Any sign installed, mounted, positioned, located, situated,
displayed, or exhibited on a motor vehicle. This shall not include
painting or decaling on a commercially licensed vehicle or manufacturer's
painting or decaling on a personal vehicle.
Any sign that is permanently applied to either side of the
glass of an exterior door or window. For the purposes of this Chapter
a glass brick wall shall be deemed a window.
The molding, battens, cappings, nailing strips, latticing,
and platforms which are attached to the sign structure.
The Zoning Code of the City, as amended, and the current district map related thereto (See Chapter 400).
[Ord. No. 1974 §1, 3-18-1997]
[Ord. No. 1974 §1, 3-18-1997]
Signs shall not be located in any residential zoning district as established by the City of Pacific's Zoning Code, except for signs permitted by Section 425.050, Exemptions.
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2076 §1(B), 1-19-1999]
A sign permit shall not be required for the following signs:
A.
Municipal
signs, traffic control signs, legal notices, no trespassing and no
dumping signs, danger signs and signs required by the Americans with
Disabilities Act of 1990.
B.
Signs
and bulletin boards for churches, undertaking establishments, or charitable,
fraternal, religious or public institutions, as follows:
E.
Signs
affixed to the inside of a window and advertising commercial situations
related to goods or services sold on the premises, provided that the
total of all signs (including permitted signs) in that window shall
have a gross sign area no greater than one-third (⅓) of the
window's area.
F.
Signs
placed within any premises, but not including window signs as herein
regulated.
G.
Signs
designating business hours of less than one (1) square foot in total
sign area.
H.
Building
address numbers, provided such numbers do not exceed twelve (12) inches
in height, and house address numbers.
L.
Subdivision
and apartment complex identity signs, provided that:
1.
Only one (1) sign is erected at each entry to the subdivision or
apartment complex,
2.
If there is more than one (1) entrance, that the sign's separation
along the perimeter is at least two hundred (200) feet,
3.
The sign area of individual signs does not exceed twelve (12) square
feet on both sides of a two (2) sided sign or eight (8) square feet
on a one (1) sided sign,
4.
The sign does not advertise the availability of units for sale or
rent,
5.
The sign is located at least fifteen (15) feet from the curbline
of the street from which it is to be viewed,
6.
The sign has a landscaped base, and
7.
The sign(s) are approved by the Planning and Zoning Commission as
part of the site plan review.
M.
Temporary
signs denoting the architect, engineer, or contractor of a building
project, provided that:
N.
Temporary
real estate signs which meet the following criteria:
1.
For signs which advertise the availability for sale, rental or lease
of the individual premises on which the sign is located:
2.
For signs which advertise the subdivision of multi-family development
on which the sign is located:
a.
Signs shall not exceed forty (40) square feet,
b.
Signs shall not be placed within any public right-of-way and shall
not obstruct the view of traffic, and
c.
Signs shall be removed within ten (10) days after the sale, rental
or lease of the last dwelling unit or lot in the subdivision or development.
3.
For signs which advertise premises open for inspection and which
are located either on the premises to be inspected or on other private
property with that property owner's or tenant's permission:
O.
Temporary
signs pertaining to events or drives of civic, philanthropic, educational
or religious organizations, provided that:
1.
Signs are no larger than thirty-two (32) square feet;
2.
No more than three (3) signs are erected, of which two (2) may be
off premise;
3.
Signs are non-illuminated;
4.
Signs are placed no more than thirty (30) days before said event
and are removed no more than seven (7) days after the event; and
5.
In the case of drives, signs are placed only during said drives,
and in no instance, more than sixty (60) days.
P.
Political
signs, meeting the following criteria:
1.
Residential zoning districts — Total area of a political sign
shall not exceed six (6) square feet per side for each candidate or
issue.
2.
Non-residential zoning districts — Total area of a political
sign shall not exceed one hundred (100) square feet.
3.
Signs shall be placed on private property only with permission of
the property owner or tenant.
4.
Signs shall not be posted more than, sixty (60) days prior to the
election or activity to which they pertain.
5.
Signs shall be removed within ten (10) days after the election or
activity to which they pertain.
Q.
Yard
and estate sale signs provided that:
1.
Signs are no larger than three (3) square feet,
2.
No more than one (1) sign is placed at the residence where the sale
is conducted, and no more than two (2) signs are placed at other locations,
with no more than three (3) signs total per sale,
3.
No signs are placed in the public right-of-way or affixed to any
traffic control device, utility pole or tree in the public right-of-way,
4.
Signs are placed no more than three (3) days before the event and
removed no later than one (1) day after the event.
R.
Flags
of any political entity, or any religious or charitable organization,
or any corporate entity on its premises provided that:
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2604 §§1 — 2, 11-18-2008]
A.
Permits Required. A permit from the appropriate state agency
must be obtained prior to obtaining a permit from the Commissioner.
Billboards shall comply with all State regulations.
B.
Zoning. Billboards shall be placed only in the "C" and "M"
zoning districts.
C.
(Reserved)
D.
Location Restrictions. Billboards shall not be permitted:
F.
Size Of Signs. The sign area of each billboard shall not
exceed three hundred seventy-eight (378) square feet.
G.
Number Of Sign Faces. At any site, no more than one (1)
sign structure consisting of two (2) sign faces not exceeding seven
hundred fifty-six (756) square feet in total sign area shall be permitted.
H.
Height Of Signs. Billboards shall not exceed a height of
more than thirty (30) feet measured from the existing grade prior
to construction. Height shall be measured from the existing grade
prior to construction. Height shall be measured from grade at the
center point of the sign vertically to the top of the face.
I.
Lighting. Illuminated billboards shall not have any flashing
or blinking lights or rotating beacons, nor shall any beam of light
be projected through a mechanism which periodically changes the color
of the light projected onto the sign. Changeable copy or scrolling
copy shall be permitted provided that it does not blink or flash.
All illumination shall be oriented so as to prevent glare onto traffic
or onto adjacent property or structures or such as to create traffic
hazards.
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2076 §1(C), 1-19-1999; Ord. No. 2500 §1, 3-27-2006]
B.
Banners
may be installed, without permit from the Commissioner, provided that:
1.
Banners do not exceed forty (40) square feet,
2.
No more than five (5) banners shall be permitted at any commercial
premises,
3.
Are erected observing a clear height of eight (8) feet above grade,
if erected at a location intended to allow the passage of persons
beneath,
4.
(Reserved)
5.
Are not placed in the public right-of-way,
6.
Are installed in conformity with the construction regulations and location restrictions established in Section 425.110, General Technical Requirements,
7.
Are removed within ninety (90) days of the installation date, and
8.
The same banner is not erected more than two (2) times in a twelve
(12) month period, and at least thirty (30) days elapse between the
removal and re-erection of the same banner.
C.
Inflatable
advertising devices may be installed, without permit from the Commissioner,
provided that:
1.
No such device shall rise higher than twenty (20) feet from ground
level,
2.
Are installed in conformity with the construction regulations and
location restrictions,
3.
Are removed within thirty (30) days of the installation date.
|
|
Streamers, pennants, banners and inflatable advertising devices
placed, installed or erected not in conformity with this Chapter are
prohibited.
|
[1]
Editor's Note — Ord. no. 2066 §1, enacted October 6, 1998, repealed former section 425.080 entitled procedure for review and approval of signs. Said former section derived from ord. no. 1974 §1, 3-18-97. We have left this section reserved for the city's future use. Ord. no. 2066 §2 set out new provisions concerning design regulations for signs at section 425.110(A).
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2500 §2, 3-27-2006]
A.
Sign Permit Required. Except as provided by Sections 425.050 and 425.070, a sign permit shall be obtained from the Commissioner before a sign may be erected or altered. No permit shall be required for cleaning, repainting or replacing of the same copy, normal maintenance or minor repair, not involving structural changes of a sign. A permit shall not be required for the change of face of an existing legal sign for the same business being advertised on the existing sign.
C.
Electrical Permit Fee. Illuminated signs shall not be exempted
from the permit fees required by the Electrical Code.
D.
Period Of Validity. If the work authorized under a sign
permit has not been completed within six (6) months after the date
of issuance, the permit shall become null and void.
E.
Permit Issuance Not A Defense. No permit for a sign issued
hereunder shall be deemed to constitute permission or authorization
to maintain an unlawful sign nor shall any permit issued hereunder
constitute a defense in an action to abate an unlawful sign.
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2239 §1, 9-4-2001]
A.
Application
for permits shall be filed with the Commissioner, together with a
permit fee for each sign as specified hereunder:
1.
All permits are subject to a twenty-five dollar ($25.00) processing
fee which will be collected when applying for a permit. This processing
fee is not refundable.
2.
Application fee:
|
0 to 24 square feet
|
$25.00
| |
|
25 to 49 square feet
|
$50.00
| |
|
50 to 99 square feet
|
$75.00
| |
|
100 to 199 square feet
|
$150.00
| |
|
200 to 299 square feet
|
$300.00
| |
|
Each additional 50 square feet
|
add $25.00
| |
|
Footing inspections, each
|
$25.00
| |
|
Electrical inspections, each
|
$25.00
| |
|
Final inspection
|
$25.00
|
3.
Annual adjustment. This fee structure shall be reviewed
and adjusted annually to offset any inflationary cost and the Consumer
Price Index, as determined by the United States Department of Commerce,
shall be applied as the adjusting factor. The fee shall be rounded
to the next highest dollar.
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2066 §2, 10-6-1998; Ord. No. 2076 §1(D), 1-19-1999; Ord. No. 2500 §3, 3-27-2006]
The following general technical requirements apply to all signs
subject to the Sign Code.
A.
Design Regulations.
1.
Gross sign area limitation.
b.
Additionally, each single occupant commercial or industrial premises
shall be allowed one (1) ground sign limited to two (2) sides, with
a maximum sign area of forty (40) square feet per side.
c.
Shopping centers with total lot area of less than ten (10) acres
and office parks, allowed one (1) ground identification sign subject
to the size limitation for ground signs set forth in (A)(1)(b) above.
Shopping centers with total lot area of ten (10) or more acres shall
be allowed ground identification signs not exceeding one hundred (100)
square feet, to be erected at the main entrances to the shopping center.
All shopping center and office park identification signs shall contain
only the shopping center's or office park's name and logo and shall
conform to the height limitation for ground signs. Additionally, each
individual tenant may erect one (1) of the following sign types: wall,
marquee, canopy or awning sign, subject to the technical requirements
contained in this Chapter.
d.
Commercial or industrial premises having a common entrance shall
be permitted the same signage allowed in (A)(1)(a) and (A)(1)(b) above.
e.
Pole signs shall be allowed in all "C" zoning districts within five
hundred (500) feet of Osage and five hundred (500) feet north of the
north right-of-way of Interstate Forty-Four. Pole signs shall be limited
to thirty-five (35) feet in height and the sign shall not exceed eighty
(80) square feet per face. No to exceed one hundred sixty (160) total
square footage per sign.
f.
Exempted signs in Section 425.050 shall not be included in the gross sign area except for non-conforming signs, which shall be included in the gross sign area limitation.
g.
Subdivision and apartment complex shall be allowed ground signs to
identify the complex provided that:
(1)
Only one (1) sign is erected at each entry to the subdivision
or apartment complex.
(2)
If there is more than one (1) entrance, that the sign's separation
along the perimeter is at least two hundred (200) feet.
(3)
The sign area of individual signs does not exceed forty (40)
square feet per side.
(4)
The sign does not advertise the availability of units for sale
or rent.
(5)
The sign is located at least fifteen (15) feet from the curbline
of the street from which it is to be viewed.
(6)
The sign has a landscaped base.
h.
Electronic changeable signs or electronic message devices shall be
allowed in all "C and M" zoning districts.
(1)
The message on an electronic changeable sign will be allowed
to scroll but flashing will be prohibited.
(2)
A maximum of twenty-five percent (25%) sign area in square feet
of the lot street frontage or lot street facing upon which the sign
will be located, in linear feet, subject to a maximum area of one
hundred (100) square feet.
(3)
No electronic message device shall exceed forty (40) square
feet when incorporated into the sign area of an allowable pole sign.
3.
No advertising to be placed on sign supports. No
advertising other than a permitted sign shall be placed on any sign
support.
B.
Construction Regulations.
1.
Conformance to Code. Every sign shall be designed
to conform to the requirements of this Chapter and to the currently
adopted Building Code of the City of Pacific. In the absence from
this Chapter of specifications governing details of sign construction,
the applicable standards listed in the currently adopted Building
Code of the City of Pacific shall apply. The conformance shall be
subject to approval by the Commissioner. Where appropriate, the Commissioner
may require working drawings prepared by a qualified engineer registered
in the State of Missouri.
2.
Illuminated signs. All illuminated signs shall be
subject to the following requirements.
a.
Conformance to Code. All illuminated signs and their
electrical wiring shall conform to the currently adopted National
Electrical Code and other applicable ordinances of the City of Pacific.
b.
Valid electrical permit. All illuminated signs and
signs with electrical wiring must be covered by a valid electrical
permit.
c.
Weather-resistant and shatterproof design. All electrical
illumination devices shall be designed to be weather-resistant and
shatterproof.
d.
Relettering. Relettering which requires a change
of piping or sign wiring shall be subject to the approval of the Commissioner.
e.
Voltage designation. The voltage of any electrical
apparatus used in connection with the sign shall be conspicuously
placed on that apparatus.
f.
Flashing and blinking lights prohibited. Illuminated
signs shall not have any flashing or blinking lights or rotating beacons,
nor shall any beam of light be projected through a mechanism which
periodically changes the color of the light reaching the sign.
g.
Illumination not to glare. All illumination shall
be oriented so as to prevent glare onto traffic or onto adjacent property
or structures.
4.
Wind pressure and dead load requirements. All signs
shall be designed and constructed to meet the currently adopted Building
Code requirements for wind pressure, earthquake, dead load, and foundation
specifications.
5.
Transparent sign face. A transparent sign face
may be constructed of glass or approved combustible plastic. If constructed
of glass the sign face shall be safety glass or plate glass at least
one-quarter (¼) inch thick. Provided however, that if the area
of a pane of glass exceeds three (3) square feet it shall be wired
glass.
6.
Movable parts to be secured. All movable parts of
a sign shall be securely fastened to the sign so as to avoid any danger
of the parts falling. All items such as covers to service openings
shall be secured by chains or hinges.
7.
Sign structure to be free of hazardous protrusions. Any sign structure erected at less than eight (8) feet above the
mean grade line of the ground over which it is erected shall be free
of sharp or pointed protrusions which might endanger the public's
safety.
8.
Maintenance. All signs and their supports shall
be kept in repair in accordance with the Property Maintenance Code
of the City.
C.
Location Restrictions.
1.
Setbacks for signs. A setback of ten (10) feet from
the public right-of-way shall be observed, except upon a street in
the "C-1" or "C-2" zoning district with a zero (0) setback.
2.
Property owner consent required. No sign or advertising
structure shall be placed on private or public property without the
written consent of the property owner or tenant.
3.
Obstruction of adjacent premises prohibited. No
sign may be located as to obstruct the view from a public thoroughfare
of an existing sign, display window, or major entrance of an adjacent
business.
4.
Obstructions to building openings prohibited. No
sign shall be erected or maintained so as to prevent free ingress
or egress from any door, window, or fire escape.
5.
Sign not to constitute traffic hazard.
a.
No sign shall be erected at any intersection in such a manner as
to obstruct clear vision.
b.
No sign shall be erected so that by its position, shape, or color
it might interfere with, obstruct the view of, or be confused with
any authorized traffic sign, signal or device.
c.
No sign shall make use of the words "Stop", "Slow", "Caution", "Danger",
or any other word, phrase, symbol, or character in such a manner as
to interfere with, mislead, or confuse traffic.
6.
Signs on fire safety equipment. No advertising sign
of any kind may be attached to a standpipe, hydrant or fire escape
or to any other fire-safety related device.
7.
Signs to be removed from premises. Any sign structure
which advertises a business no longer conducted or a product no longer
sold on the premises or lot shall be removed within ninety (90) days
after the business or product is no longer present by the owner, agent,
or person having beneficial use of the premises or lot upon which
the sign is erected.
[Ord. No. 1974 §1, 3-18-1997; Ord. No. 2076 §1(E), 1-19-1999; Ord. No. 2500 §4, 3-27-2006]
All signs regulated by the Sign Code shall comply with the following
specific technical requirements. If a sign is subject to more than
one (1) classification, the regulations governing the various applicable
classifications shall apply. In case of conflict, the more stringent
regulations shall govern.
A.
Awning And Canopy Signs. All awning and canopy signs shall
meet the following requirements.
2.
Location. Signs may be affixed flush to the sides
or front of an awning or may be hung beneath a canopy. No sign may
project below the minimum clearance line required by the Building
Code, nor above any portion of the face to which it is attached.
3.
Vertical dimension. Maximum vertical dimension of
the sign shall not exceed eighteen (18) inches.
4.
Method of attachment. All signs constructed of materials
other than paint or the material with which the canopy or awning is
covered shall be permanently attached to the frame of the awning or
canopy.
5.
Illumination. Sign may be illuminated.
B.
Ground Signs. All ground signs shall meet the following
requirements.
1.
Height limitation. No sign shall be higher than
five (5) feet above the mean level of the grade on which the sign
is located, exclusive of any filling, berming, or mounding done solely
for the purpose of locating the sign.
2.
Building address. Any building located more than
fifty (50) feet from the nearest public right-of-way line, except
buildings in shopping centers, shall have the address number and street
name placed on the ground sign.
3.
Location at street intersections. Signs on a corner
shall not be closer than fifteen (15) feet from the intersection of
right-of-way lines, so as not to obstruct a clear vision.
C.
D.
Projecting Wall Signs. All projecting signs shall meet the
following requirements.
1.
Location.
a.
Signs shall hang at least eight (8) feet above any sidewalk over
which they are erected or eighteen (18) feet above any street or alley,
and
b.
The innermost point of the sign shall be no more than one (1) foot
from the plane of the wall nor be within four (4) feet of the curb
line or edge of any public street or alley.
c.
The sign structure shall not project more than three (3) feet from
the plane of the wall nor be within four (4) feet of the curb line
or edge of any public street or alley.
E.
Wall Signs. All wall signs shall meet the following requirements.
F.
Window Signs. All window signs shall meet the following
requirements.
G.
Pole Signs. All pole signs shall meet the following requirements.
1.
Signs shall hang at least eight (8) feet above any sidewalk.
H.
Roof Signs. All roof signs shall meet the following requirements.
1.
Signs shall be limited in size to a sign area not greater than ten
percent (10%) of the area of the front wall of the building or portion
of the building occupied or one hundred (100) square feet, whichever
is less.
2.
Only the business conducted in the building upon which the sign is
mounted shall be advertised.
3.
Not extend beyond the exterior walls of the building upon which the
sign is mounted.
4.
Be constructed of non-combustible materials.
[Ord. No. 1974 §1, 3-18-1997]
A.
Any
non-conforming sign may not be enlarged or altered in any way which
would increase its non-conformity.
B.
Should
any non-conforming sign be damaged by any means to an extent of fifty
percent (50%) or more of its replacement cost at the time of damage,
it shall not be reconstructed except in conformity with the provisions
of this Chapter.
C.
Any
non-conforming sign not otherwise prohibited by this Chapter's provisions
shall be removed or shall be altered to conform to the provisions
of this Chapter when the nature or the name of the business conducted
on the premises changes and the sign is changed or modified either
in shape, size, or legend.
D.
Any
non-conforming sign not located on the premises where the business,
service, or activity is conducted and not otherwise prohibited by
the provisions of this Chapter shall be removed at the time any modification
in the mechanical features, supporting structure, size, shape, or
legend is attempted.
E.
All
incidental signs, banners, streamers or inflatable advertising devices
as defined herein existing on the effective date of this Chapter,
March 18, 1997, are not subject to the provisions of law allowing
the continuing use of non-conforming signs and shall be removed upon
the issuance of a violation notice by the Commissioner.
[Ord. No. 1974 §1, 3-18-1997]
A.
Authority. The Commissioner and his/her assistants, shall
be responsible for the enforcement of this Code, and may inspect any
sign structure, at any time he/she deems necessary.
B.
Violation. It shall be a violation of this Code for any
owner, tenant of premises, or sign erector to:
C.
Penalty. Any person who shall violate a provision of the Sign Code or fail to comply with a notice issued under the provisions of the Sign Code, shall be guilty of a misdemeanor, punishable by a fine as prescribed in Section 100.170 of the Pacific City Code. Each day's violation of, or refusal or neglect to comply with any provision of this Code shall constitute a separate and distinct offense.
D.
Dangerous Signs May Be Removed By Commissioner Without Notice. Any sign which is an immediate threat to the safety of persons or
property may be removed immediately and without notice to the sign
owner or premises owner.
E.
Costs To Sign Owner, Premises Owner, Or Sign Erector. The
cost of sign repair or removal shall be charged:
1.
To the sign owner,
2.
If the sign owner cannot be located by the Commissioner within thirty
(30) days, to the premises owner, or
3.
If the sign erection was not complete at the time notice of violation
was given, to the sign erector and shall be collected from his/her
bonding agent if the erector is bonded.
F.
Expenses Incurred To Be Assessed As Lien On Property. In
the event of failure by any party to reimburse the City within sixty
(60) days for costs incurred for repair or removal ordered by the
Commissioner, the City Clerk shall certify the charges for repair
or removal as a special assessment represented by a special tax bill
against the real property on which the sign had been erected. The
tax bill shall be a lien upon the property and shall be enforced to
the same extent and in the same manner as all other special tax bills.
The assessment shall bear interest at the rate of eight percent (8%)
per annum until paid.
H.
Removal By City, Charges. Any sign which is placed, installed or erected on public right-of-way without proper authorization may be removed, confiscated and destroyed by the City without notice. The owner of the sign or premises owner or sign erector shall be charged for removal costs in accordance with Subsections (E) and (F) above.
[Ord. No. 1974 §1, 3-18-1997]
A.
The
Board of Adjustment is empowered to review or modify the Building
Commissioner's order or determination with respect to signs covered
by this Chapter. In addition the Board of Adjustment may grant variances
from this Chapter as provided by this Section.
1.
Guidelines for overturning or modifying commissioner's decision. The Board of Adjustment shall, in considering appeals from the Commissioner's
order or determination, establish that the sign or application in
question complies with all of the requirements of this Chapter. If
it is determined that the Building Commissioner's interpretation or
application of this Chapter to the appellant's sign or request for
a permit is erroneous, then the Board of Adjustment may overturn or
modify the Building Commissioner's decision.
2.
Grounds for granting variances. The Board of Adjustment
may grant variances from this Chapter where it is found that, because
of (a) the limitations on character, size, or dimensions of a sign,
or (b) the regulations controlling the erection or installation of
a sign, the permittee would be subject to undue hardship. Undue hardship
is not a mere loss of a possible advantage or convenience to the applicant.
If it is determined that the applicant for a variance is subject to
an undue hardship, then the Board of Adjustment shall also determine
that the proposed sign:
a.
Will not be inappropriate to the type of activity to which it pertains;
to the scale of the building to which it is related; or to the aesthetic
environment of the surrounding structures and land use.
b.
Will not adversely affect the visual character of the neighborhood.
c.
Will not adversely affect the general safety and welfare of the neighborhood.
d.
Will not significantly and unreasonably impair visibility of adjacent
permitted signs and property.
3.
No use variance shall be granted. A use variance
is one which would permit a particular type of signs to be located
within a zoning district in which it would otherwise be prohibited.
