(a) Plans, Specifications, and Permits.
(i) Permits. It shall be unlawful for any person to erect, alter, relocate, or structurally change a sign or other advertising structure, unless specifically exempted by this Ordinance, without first obtaining a permit in accordance with the provisions set forth herein. A permit shall require payment of a fee, as noted on a fee schedule as may be established, adopted, and amended from time to time by the Council.
(ii) Applications. Application for a sign permit shall be made upon forms provided by the Administrative Official. The following information shall be required:
(1) Name, address, and telephone number of the applicant.
(2) Location of the building, structure, or lot on which the sign is to be attached or erected.
(3) Position of the sign in relation to nearby buildings, structures, and property lines. The Administrative Official may require information to be provided for on a certified survey or drawing sealed by a registered engineer.
(4) Plans showing the dimensions, materials, method of construction, and attachment to the building or in the ground.
(5) Copies of stress sheets and calculations, if deemed necessary, showing the structure as designed for dead load and wind pressure.
(6) Name and address of the person, firm, or corporation owning, erecting, and maintaining the sign.
(7) Information concerning required electrical connections.
(8) Insurance policy or bond, as required in this Ordinance.
(9) Written consent of the owner or lessee of the premises upon which the sign is to be erected.
(10) Other information as required by the Administrative Official to make the determination that the sign is in compliance with all applicable laws and regulations.
(iii) Review of Application.
(1) Commission Review. Sign permit applications submitted in conjunction with the proposed construction of a new building or addition to an existing building shall be reviewed by the Commission as a part of the required site plan review. Proposed sign locations and dimensions must be shown on the site plan.
(2) Issuance of a Permit. Following review and approval of a sign application by the Commission and Administrative Official, as appropriate, the Administrative Official shall have the authority to issue a sign permit.
(iv) Exceptions. A sign shall not be enlarged or relocated except in conformity with the provisions set forth herein for new signs, nor until a proper permit has been secured. However, a new permit shall not be required for ordinary servicing or repainting of an existing sign, cleaning of a sign, or changing of the message on the sign where the sign is designed for such changes (such as lettering on a marquee or numbers on a gasoline price sign). Furthermore, a permit shall not be required for ideological signs, signplates for residential uses, temporary signs for residential uses and in residential districts, temporary ground signs in nonresidential districts advertising the sale or lease of the property on which they are located, and temporary window signs, provided that all applicable regulations of this Chapter are complied with.
(b) Inspection and Maintenance.
(i) Inspection of New Signs. All signs for which a permit has been issued shall be inspected by the Administrative Official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable Zoning Ordinance and Building Code standards. In cases where fastenings or anchorages are to be eventually bricked in or otherwise enclosed, the sign erector shall advise the Administrative Official when such fastenings are to be installed so that inspection may be completed before enclosure.
(ii) Inspection of Existing Signs. The Administrative Official shall have the authority to routinely enter onto property to inspect existing signs. In conducting such inspections, the Administrative Official shall determine whether the sign is adequately supported, painted to prevent corrosion, and so secured to the building or other support to safely bear the weight of the sign and pressure created by the wind.
(iii) Correction of Defects. If the Administrative Official finds that any sign is unsafe, insecure, improperly constructed, or poorly maintained, the sign erector, owner of the sign, or owner of the land shall make the sign safe and secure by completing any necessary reconstruction or repairs, or entirely remove the sign in accordance with the timetable established by the Administrative Official. (Ord. 35-07. Passed 3-19-07.)
(c) Removal of Abandoned Signs. Whenever a sign is abandoned, as defined herein, the Administrative Official shall document the date of sign abandonment. An abandoned sign shall be removed at such time as the Administrative Official documents that both of the following circumstances exist: (1) a period of greater than 365 consecutive days has elapsed since the date of sign abandonment; and (2) no permit has been issued during such period for the building, building unit and/or use associated with the abandoned sign. However, where a conforming sign structure and frame are typically reused by a current occupant in a leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided that the sign structure and frame are maintained in good condition, and that abandoned sign faces are replaced with blank sign faces in during said periods.
(d) Nonconforming Signs. No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with this Ordinance, except that nonconforming signs shall comply with the following regulations:
(i) Repairs and Maintenance. Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than 50 percent of the sign’s replacement cost, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of sign face; or, repair or replacement of electrical wiring or electrical devices.
(ii) Nonconforming Changeable Copy Signs. The message on a nonconforming changeable copy sign or nonconforming bulletin board sign may be changed provided that the change does not create any greater nonconformity.
(iii) Substitution. No nonconforming sign shall be replaced with another nonconforming sign.
(iv) Modifications to the Principal Building. Beginning on January 1, 2015, whenever the principal building on a site on which a nonconforming sign is located is modified to the extent that site plan review and approval is required, the nonconforming sign shall be removed. In such case, however, the existing sign foundation and wiring may be used to the extent that they conform to all requirements of this Ordinance.
(Ord. 45-09. Passed 9-8-09.)
(e) Appeal to the Board. Any party who has been refused a sign permit for a proposed sign may file an appeal with the Board, in accordance with the provisions of this Ordinance. In determining whether a variance is appropriate, the Board shall, in addition to other review criteria specified in this Ordinance, study the sign proposal, giving consideration to any extraordinary circumstances, such as those listed below, that would cause practical difficulty in complying with the sign standards. The presence of any of the circumstances listed may be sufficient to justify granting a variance; however, the Board may decline to grant a variance even if certain of the following circumstances are present:
(i) Permitted signage could not be easily seen by passing motorists due to the configuration of existing buildings, trees, or other obstructions.
(ii) Permitted signage could not be seen by passing motorists in sufficient time to permit safe deceleration and exit. In determining whether such circumstances exist, the Board shall consider the width of the road, the number of moving lanes, the volume of traffic, and speed limits.
(iii) Existing signs on nearby parcels would substantially reduce the visibility or advertising impact of a conforming sign on the subject parcel.
(iv) Construction of a conforming sign would require removal or severe alteration to natural features on the parcel, such as but not limited to: removal of trees, alteration of the natural topography, filling of wetlands, or obstruction of a natural drainage course.
(v) Construction of a conforming sign would obstruct the vision of motorists or otherwise endanger the health or safety of passers-by.
(vi) Variances from certain sign regulations would be offset by increased building setback, increased landscaping, or other such enhancements, so that the net effect is an improvement in appearance of the parcel, compared to the result that would be otherwise achieved with construction of a conforming sign.
(vii) A sign which exceeds the permitted height or area standards of this Ordinance would be more appropriate in scale because of the large size or frontage of the parcel or building.