(a) 
Required.
Except as otherwise provided for herein, no sign shall be erected, posted, painted or otherwise produced, changed, reconstructed, in whole or in part, within the city limits and ETJ of the city without first obtaining a permit.
(b) 
Application.
Application for a permit required by this article shall be made upon forms provided by the building official, or the building official’s designee. The application for a sign permits shall contain all information, drawings and specifications necessary to fully advise the building official, or the building official’s designee, of the type, size, shape, location, zoning district if within the city limits, construction and materials of the proposed sign and the building, structure or premises upon which it is to be placed.
(c) 
Qualifications.
Only those individuals who properly obtained a permit by the building official, or the building official’s designee, or the state shall receive a permit to erect or alter any sign. Permits for the installation, erection, or alteration of any electrical components on a sign shall be issued only to those individuals who hold a commercial sign operator’s license and master electrician’s license and who have filed the bond and insurance required by the city. It shall be unlawful for any person licensed under the provisions of this article to obtain a permit on behalf of or for the benefit of any unlicensed person whose business activities are such that such unlicensed person would need a license to obtain a permit.
(d) 
Conditions for issuing permit.
No permit for the erection or alteration of any sign over any sidewalk, alley, or other public property, or on or over any roof or building, shall be issued to any person except upon the condition that the permit may be withdrawn at any time, in which case the sign shall be immediately removed by the responsible party, who will also be liable under the penalties provided for in this article.
(e) 
Restrictions on issuance; exemptions.
(1) 
A permit shall not be issued when:
(A) 
An existing billboard sign is in a deteriorated, unsafe, or unsightly condition as described in section 3.07.009(d).
(B) 
A sign is not in compliance with this article.
(C) 
A sign is proposed for construction in an area not zoned for such a sign.
(D) 
Authorization of the property owner has not been obtained.
(2) 
A permit shall not be required for:
(A) 
Simple routine maintenance, adjustments, replacement of light globes, etc., on existing signs.
(B) 
When a sign has been damaged by fire, windstorm or other causes, immediate work may be done to prevent damage to property or hazard to persons, and to this extent only. Notice will be given as soon as practical to the building official, or the building official’s designee.
(C) 
Changing a commercial message to a noncommercial message on any legal sign surface.
(D) 
For any sign or display exempted from this article or a permit requirement.
(f) 
Fees.
No permit shall be issued until applicable fees have been paid to the city. Fees may be subject to change without prior notification. The sign permit fee schedule shall be in accordance with the fee schedule enacted by the city council and set forth in the fee schedule in appendix A of this code.
(Ordinance C17-06, sec. IV, adopted 6/15/17)
(a) 
A sign requiring a permit may be inspected annually by the building official, or the building official’s designee, to insure compliance with the provisions of this article and other relevant city ordinances. Additional inspections may be conducted at the discretion of the building official, or the building official’s designee, during the term of the permit, to enforce the provisions of this article.
(b) 
After the erection of any billboard for which a permit has been issued, the city shall be notified, and if, upon inspection, it is found to comply with this article, a certificate of acceptance shall be issued.
(Ordinance C17-06, sec. VIII, adopted 6/15/17)
(a) 
Criminal penalty.
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this article, upon conviction thereof, shall be assessed a fine not exceeding two thousand dollars ($2000.00). Each day of violation of this article shall be deemed a separate offense. An offense under this article is a misdemeanor.
(b) 
Civil penalty; injunction.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article, including removal of signs that violate this article at the expense of the responsible party; and
(2) 
A civil penalty up to one thousand dollars ($1,000.00) a day when it is shown that the defendant was actually notified of the provisions of this article and, after receiving notice, committed acts in violation of this article or failed to take action necessary for compliance with this article, and other available relief.
(Ordinance C17-06, sec. IX, adopted 6/15/17)
(a) 
A request for a variance of requirements as set forth in this article may be made to the zoning board of adjustment. The zoning board of adjustment, at the next regular meeting, will consider the request for a variance based upon the merits of the case as then presented by the petitioner and make the final decision.
(b) 
Appeal of a decision by city staff may be made to the zoning board of adjustment by written notification to the city secretary within ten (10) business days from receiving notice of the city staff decision. The hearing will be placed on zoning board of adjustment’s agenda as soon as practical. Staff shall notify the petitioner of appeal rights. Decisions of the zoning board of adjustment are final. Should the petitioner be dissatisfied with the actions of the zoning board of adjustment, the petitioner may pursue all legal remedies to review the zoning board of adjustment’s decision as permitted by law.
(Ordinance C17-06, sec. X, adopted 6/15/17)
The provisions of this article shall not be construed as relieving or limiting in any way the responsibility or liability of any person(s) that erects or owns any sign from personal injury or property damage resulting from the placing of the sign, or resulting from the negligence or willful acts of such person(s) in the design, construction, maintenance, repair or removal of any sign erected in accordance with this article.
(Ordinance C17-06, sec. XI, adopted 6/15/17)