It is the responsibility of the code enforcement officer to
interpret, administer and enforce the requirements of this article.
(Ordinance 2006-03-110, sec. 1(2),
adopted 2/9/06)
No person shall erect, alter or display any sign nor shall any
person allow the erection, alteration or display of any sign upon
any property within the city owned or controlled by him without first
obtaining a permit to do so from the city, except as hereinafter provided.
No sign permit shall be released until after the building permit for
the principal building on the site has been issued, except as hereinafter
provided.
(Ordinance 2006-03-110, sec. 1(3),
adopted 2/9/06)
Application for a permit shall be made as required by this article
and the following information shall be submitted as separate documents:
(1) An
application form shall be completed.
(2) A
general plan that illustrates:
(A) Location of the building, structure, or tract to which or upon which
the sign is to be attached or erected.
(B) Position of the sign in relation to rights-of-way, easements, buildings,
structures, existing signs, etc.
(3) Sign
drawing that illustrates height, length, width, and all other dimensions
associated with the sign.
(4) A
letter from the owner of the property stating that the applicant has
permission to erect such signs.
(Ordinance 2006-03-110, sec. 1(4),
adopted 2/9/06)
(a) All
fees for sign permits shall be in accordance with the current fee
schedule adopted by the city council.
(b) An
annual renewal fee for applicable temporary signs shall be determined
in accordance with the current fee schedule adopted by the city council.
(Ordinance 2006-03-110, sec. 1(5),
adopted 2/9/06)
(a) Generally.
Notwithstanding anything in this article
to the contrary, the erection of a sign or signs may be approved pursuant
to this section under a conditional sign permit approved by the city
council. The purpose of this section is to allow for a specialized
review of signs which may not be appropriate generally without certain
restrictions, but which, if controlled as to the number, size, height,
color, location, lighting, or relation to adjacent properties, would
promote the health, safety, and welfare of the community. Conditional
permitting of signs shall not be based upon the content of the sign,
but is intended to allow for the evaluation of the physical impact
of the proposed sign on adjacent properties and to ensure adequate
mitigation of potentially unfavorable factors, such as the number,
size, height, color, location, lighting, and other potentially unfavorable
impacts.
(b) Application.
An application for a conditional sign permit shall be submitted to the code enforcement officer and shall include all documents as required by section
4.06.033 of this article. Additionally, the applicant shall submit construction plans drawn by a registered professional engineer or architect in the state and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors.
(c) Fee.
Fees for conditional sign permits shall be determined
in accordance with the current fee schedule adopted by the city council.
(Ordinance 2006-03-110, sec. 1(6),
adopted 2/9/06)
(a) The
code enforcement officer may suspend or revoke any permit issued under
the provisions of this article whenever it is determined that the
permit is issued in error or on the basis of incorrect or false information
supplied, or whenever such permit is issued in violation of any of
the provisions of this article or any other ordinance of this city
or laws of this state or the federal government. Such suspension or
revocation shall be effective when communicated in writing to the
person to whom the permit is issued, the owner of the sign, or the
owner of the site upon which the sign is located. Upon such revocation,
all construction related to the revoked permit shall cease.
(b) A
person may appeal the revocation of the sign permit to the city council
by filing an appeal in accordance with this article. The city council
shall affirm, reverse, or modify the suspension or revocation and
such decision shall be final. Upon final determination that the permit
is properly revoked, any portion of the sign in place as a result
of the permit shall be removed within 10 days by the owner of the
sign or the owner of the site on which the sign is located. Failure
to remove the sign shall be deemed a violation of this article.
(Ordinance 2006-03-110, sec. 1(7),
adopted 2/9/06)
The code enforcement officer shall periodically inspect each
sign regulated by this article for the purpose of ascertaining whether
the same is obsolete and whether it is in need of removal or repair.
(Ordinance 2006-03-110, sec. 1(8),
adopted 2/9/06)
If the work authorized by a permit issued under this article
has not been commenced within one hundred eighty (180) days after
the date of issuance, the permit shall become null and void.
(Ordinance 2006-03-110, sec. 1(9),
adopted 2/9/06)
(a) Investigation.
Whenever any work for which a permit
is required by this article has been commenced or completed without
first obtaining a permit, a special investigation shall be made before
a permit may be issued for such work.
(b) Fee.
An investigation fee, in addition to the permit
fee, shall be collected whether or not a permit is then subsequently
issued. The investigation fee shall be equal to the amount of the
permit fee required by this article.
(Ordinance 2006-03-110, sec. 1(10),
adopted 2/9/06)
(a) Obsolete signs.
Any sign which the code enforcement
officer determines to be obsolete shall be removed by the permit holder,
owner of the sign or owner of the site on which the sign is located.
For temporary signs, the sign must be removed as noted on the sign
permit application or within three (3) days after receiving written
notification to do so from the code enforcement officer. For permanent
signs, the sign must be removed by the permit holder, owner of the
sign, or owner of the site on which the sign is located within a reasonable
time period as determined by the code enforcement officer. Upon failure
to comply with such notice or to file an appeal of the decision in
accordance with this article, the code enforcement officer is authorized
to cause the removal of such sign, and any expense incident thereto
shall be paid by the permit holder, owner of the sign or owner of
the site on which the sign is located.
(b) Unsafe, dilapidated or deteriorated signs.
If the code
enforcement officer determines that any sign is unsafe or insecure,
or is dilapidated or deteriorated, he shall give written notice to
remove or replace (in accordance with this article) said sign to the
person or persons responsible for such sign. If the permit holder,
owner of the sign or owner of the site on which the sign is located
fails to remove or repair the sign within ten (10) days after such
notice or to file an appeal of the decision in accordance with this
article, the code enforcement officer is hereby authorized to cause
the removal of such sign. Nothing contained herein shall prohibit
the immediate removal, without notice, of any sign or portion of a
sign which is determined by the code enforcement officer to be an
immediate threat or danger to the public health, safety, or welfare.
Any expense incident to the removal of a sign pursuant to this subsection
shall be paid by the permit holder, owner of the sign or owner of
the site on which the sign is located. The removal of the sign or
portion of the sign shall be limited to the extent necessary to eliminate
the threat to the public health, safety, and welfare.
(c) Signs on utility poles.
Any sign that is erected, constructed
or otherwise attached to a utility pole located upon any public right-of-way
or utility easement may be removed by city personnel. The permit holder,
owner of the sign or owner of the site on which the sign is located
shall be charged a sign recovery fee in accordance with the current
fee schedule adopted by the city council to recover such sign from
the city unless the permit holder or owner satisfactorily establishes
that such sign was not placed in the right-of-way by the owner of
such sign or by any authorized agent, representative, or employee
of said owner. Any such sign removed by city personnel may be held
for a period of seventy-two (72) hours and upon expiration of such
time may be disposed. The city is not required to notify the permit
holder or owner of the sign that it has been picked up or that disposal
of the sign is imminent.
(d) Signs in right-of-way or on public property.
Any sign
that is erected, constructed or otherwise located within or upon public
right-of-way or on public property may be removed by city personnel
and the permit holder or owner of such sign shall be charged a sign
recovery fee in accordance with the current fee schedule adopted by
the city council to recover such sign from the city. No such fee shall
be charged if the permit holder or owner satisfactorily establishes
that such sign was not placed in the right-of-way by the permit holder
or owner of such sign or by any authorized agent, representative or
employee of said owner. Any such sign removed by city personnel may
be held for a period of seventy-two (72) hours and upon expiration
of such time may be disposed. The city is not required to notify the
permit holder or owner of the sign that it has been picked up or that
disposal of the sign is imminent.
(e) Illegally erected signs.
Any temporary sign that is
erected, constructed or otherwise displayed, which the code enforcement
officer determines to be in direct violation of this article, may
be removed by city personnel. The permit holder, owner of the sign
or owner of the site on which the sign is located shall be charged
a sign recovery fee in accordance with the current fee schedule adopted
by the city council to recover such sign from the city. Any such sign
removed by city personnel may be held for a period of seventy-two
(72) hours and upon expiration of such time may be disposed. The city
is not required to notify the permit holder or owner of the sign that
it has been picked up or that disposal of the sign is imminent. For
permanent signs, the sign must be removed by the permit holder, owner
of the sign, or owner of the site on which the sign is located within
a reasonable time period as determined by the code enforcement officer.
Upon failure to comply with such notice or to file an appeal of the
decision in accordance with this article, the code enforcement officer
is authorized to cause the removal of such sign, and any expense incident
thereto shall be paid by the permit holder, owner of the sign or owner
of the site on which the sign is located.
(f) Extent of sign removal.
The code enforcement officer
shall determine to what extent the elements of the sign must be removed
to comply with this section. This may include any of the following,
but is not limited to the following:
(1) Sign copy.
Removal of the text or copy portion of the
sign.
(2) Sign box.
Removal of the portion of the sign excluding
the structural support of the sign.
(3) Entire sign.
Removal of all structural elements of the
sign.
(Ordinance 2006-03-110, sec. 1(11),
adopted 2/9/06)
The city is authorized to file a lien against any property which is not otherwise exempt to recover expenses incurred by the city for the removal of a sign or portion of a sign from the property pursuant to section
4.06.040(f).
(Ordinance 2006-03-110, sec. 1(12),
adopted 2/9/06)