1159.03 ENFORCEMENT.
(a) Permits, Plans and Specifications.
(1) Permit Requirements.
A. Temporary Signs. Temporary signs shall not require a permit.
B. Permanent Signs. No person shall erect, alter, replace, relocate or complete anything other than routine maintenance on a permanent sign without first obtaining a permit from the Planning, Zoning & Building Division. The Planning, Zoning & Building Division shall keep a permanent record of all permits issued.
C. Permits Related to Sign Maintenance. A new permit is not required for normal sign maintenance. However, a permit is required for the following:
1. Any change to the existing sign face or faces;
2. Any change to the structure, mounting, color, illumination, or other part of the sign;
3. Any change in the size of any part of the sign;
4. Any change in the location of the sign;
5. Any change in the height of a sign; and
6. Any change in the business, use or identity associated with the sign.
D. Permit Fee. Prior to being granted a permit, the applicant shall pay a fee, which shall be based on the fee schedule contained in the Aurora Codified Ordinance.
E. Permit Expiration. If a sign is not completely erected, inspected and approved within 180 days of issuance of the permit, then the permit shall expire and there shall be no refund of the permit fee.
(2) Application Data Requirements. An application for a sign permit shall be made upon forms provided by the City and shall include the following information:
A. Name, address, telephone number, and email address of applicant.
B. Address of the structure or lot on which the sign is to be erected.
C. For freestanding signs, a drawing that shows the location of the sign on the site relative to property lines, structures, and setback lines.
D. A drawing, which shall be to scale, which shows all relevant information about the sign, such as height, dimensions, lighting, construction supporting structure, method of attaching to the structure (for wall signs), configuration and style of text and figures, and proposed colors. (Ord. 2013-128. Passed 3-10-14.)
(3) Review Process and Review Criteria. When a sign application has first been submitted, the Planning, Zoning & Building Division staff shall review the application for completeness and compliance with the dimensional requirements of the Ordinance. If the proposal requires a variance, the Planning, Zoning & Building Division staff shall transmit the application to the Board of Zoning Appeals (BZA) for consideration. If the BZA grants the required variance(s), or if no variances are required, the application shall be submitted to the Landmark Commission (if in the Landmark District or a historical listed property) and the Architectural Board of Review (ABR). Any variance granted by BZA for a sign within 250 feet of a designated historic district or T-1 zoned district, or inside a designated historic district or T-1 zoned district shall also be subject to approval by City Council via a resolution prior to any permit being issued.
If the BZA denies any required variances, the applicant may: 1) Revise the application to eliminate the need for variances and resubmit for review, or 2) Accept the BZA's denial, resulting in the case being closed.
Review by the Landmark Commission, ABR, and/or Planning, Zoning & Building Division shall comply with one of the following options:
A. Option 1: Sign is proposed on property in the Landmark District or a historical listed property. The Planning, Zoning & Building Division shall transmit the application to the Landmark Commission (LC) and the Architectural Board of Review (ABR). Review and action shall be taken by the LC first, followed by ABR review and action. If the LC and ABR grant approval, then the decision shall be final and the Planning, Zoning & Building Division is authorized to issue a permit. Review criteria for evaluation of signs in the Landmark District or as a historical listed property by the LC are set forth in Section 1159.05(f).
B. Option 2: Sign is proposed on property outside of the Landmark District or a historical listed property. The Planning, Zoning & Building Division shall transmit the application to the Architectural Board of Review (ABR) for review and action. If the ABR grants approval, then the decision shall be final and the Planning, Zoning & Building Division is authorized to issue a permit.
C. Option 3: Director of Planning, Zoning & Building Division has sole jurisdiction. When the Director of Planning, Zoning & Building Division has the sole decision-making authority for a particular type of sign (such as all temporary signs), the application shall be transmitted to the Director of the Planning, Zoning & Building Division for review and final action and to issue a permit.
D. Review Criteria and Standards. The Landmark Commission, Architectural Board of Review, and Director of Planning, Zoning & Building Division shall adhere to the regulations set forth in this Ordinance during the course of their review. Under no circumstances shall sign content be the subject of consideration, nor shall it be used as the basis for a decision regarding a proposed sign, except for inflammatory or obscene signs, which are prohibited in Section 1159.04(b)(7)(v) and Section 1159.04(b)(13).
(Ord. 2017-008. Passed 2-27-17.)
(b) Inspection and Maintenance.
(1) Inspection of New Signs. All signs for which a permit has been issued shall be inspected by a designee of the Planning, Zoning & Building Division when erected. Approval shall be granted only if the sign has been constructed and erected in compliance with the approved plans, this Ordinance, and applicable Building Code regulations. In cases where fastenings or anchorages are to be eventually bricked in or otherwise enclosed, the sign erector shall advise the Director's designee so that inspection may be completed before enclosure.
(2) Inspection of Existing Signs.
A. Responsibility of the Owner. It is the responsibility of the owner to maintain the sign in good repair, with a continuing obligation to comply with regulations in this Ordinance and the Building Code.
B. Authority of the Director of the Planning, Zoning & Building Division.
1. The Director of the Planning, Zoning & Building Division, or the Director's designee, shall have the authority to routinely inspect existing signs to determine if they are located where permitted and are in good repair.
2. The Director or the Director's designee may order any sign to be painted or refurbished as necessary to restore the sign to a safe and unblighted condition.
3. If the Director or the Director's designee finds that a sign is not in good repair or is in an unsafe or blighted condition, then all City Ordinances regarding repair or removal of unsafe or blighted structures shall apply.
C. Standards of Good Repair. A sign in good repair shall exhibit the following characteristics:
1. Free of peeling or faded paint.
2. No uneven soiling or rust streaks.
3. No chipped, cracked, broken, or bent letters, panels, framing, support structure, or other part of the sign.
4. Not leaning to a discernible degree.
5. Free of weeds and debris in its planter, if applicable.
6. Adequately supported and secured to safely bear the weight of the sign and pressure created by the wind.
7. Painted to prevent corrosion.
(c) Nonconforming Signs. Any nonconforming sign, as defined in Section 1159.02, may be continued only in accordance with the following regulations:
(1) Ordinary Maintenance. Ordinary maintenance may be made to a nonconforming sign to keep it in good repair, as described in Section 1159.03(b). Any changes to a nonconforming sign specified in Section 1159.03(a)(1)C. shall not be undertaken unless a new permit has been issued and the sign is brought into conformity with the Ordinance.
(2) Alterations, Additions, and Enlargements. No part of a nonconforming sign, including the sign face, structure, sign frame, color, illumination, or other part, shall be altered, added to, or enlarged without first obtaining a permit and bringing the sign into conformity with the Ordinance.
(3) Moving. A nonconforming sign shall not be moved in whole or in part to any other location unless such sign, and the use thereof, are made to conform to all regulations of this Chapter.
(4) Restoration of Damaged Nonconforming Signs. A nonconforming sign that is damaged to the extent that the cost of restoration will exceed sixty percent (60%) of the current replacement cost of the sign shall not be restored unless it is made to conform to all the regulations of this Ordinance, or amendment thereto. In the event that the damage or destruction is less than sixty percent (60%) of the original cost of the sign, no repairs or reconstruction shall be made unless started within six (6) months from the date of partial destruction and diligently pursued to completion. Such sign shall be removed within forty-five (45) days after the damage occurred. Such removal shall be the responsibility of the owner of the property.
(5) Removal of Obsolete Sign. Any sign that no longer identifies a business or use that is in operation, or that identifies an activity or event that has already occurred shall be removed within forty-five (45) days after the business, use, activity or event ceases. Such removal shall be the responsibility of the owner of the property.
(6) Change of Business, Use or Identity. Where a business, use or identity associated with a nonconforming sign terminates or changes, such termination or change of use or identity shall require termination of the nonconforming sign, and the sign shall thereafter conform to the regulations in this Ordinance.
(7) Substitution. A nonconforming sign shall not be replaced with another nonconforming sign.
(8) Modifications to the Principal Building. Whenever the principal building on a site on which a nonconforming sign(s) is located is modified to the extent that site plan review and approval is required, all nonconforming signs shall be removed.
(9) Removal of Nonconforming Temporary Signs. Temporary signs that become nonconforming on the date this Ordinance takes effect shall have forty-five (45) days to become conforming or they must be removed.
(d) Appeal to the Board of Zoning Appeals. Any party who has been refused a sign permit may file an appeal with the Board of Zoning Appeals, in accordance with Section 1139.03 of the Zoning Ordinance. In determining whether a variance is appropriate, the Board of Zoning Appeals shall consider any extraordinary circumstances that would cause practical difficulty in complying with the sign regulations. The BZA shall consider the following considerations when evaluating a request for a sign variance:
(1) Whether the property will yield a reasonable economic return or have any beneficial use if the variance is denied.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment if the variance is granted.
(4) Whether the delivery of governmental services would be adversely affected if the variance is granted.
(5) Whether the property owner purchased the property with knowledge of the zoning (sign) regulation.
(6) Whether the property owner's predicament can be feasibly solved through some method other than a variance.
(7) Whether the spirit and intent behind the zoning regulation would be observed and substantial justice done if the variance is granted.
(e) Abatement of Illegal Signs. The Director of the Planning, Zoning & Building Division, or his/her designee, shall be responsible for enforcement of this Ordinance. The Director shall not permit and shall abate any illegal sign that fails to meet the requirements of this Ordinance, pursuant to Chapter 165 of the City Code.
(f) Injunctive Proceedings. Whenever a person fails, neglects or refuses to comply with an order of the Zoning Inspector or Director of Planning, Zoning & Building Division (the "Director) under the provisions of this Ordinance, or whenever a sign is in violation of any regulation in this Ordinance, the Director may, at his/her discretion, seek compliance through injunctive proceedings with the aid of the City Attorney.
(g) Penalties. Whoever violates the regulations in this Ordinance is guilty of a misdemeanor of the third degree and shall be subject to a fine of no more than five hundred dollars ($500.00) or imprisonment for not more than sixty (60) days for each offense. Each day on which a violation occurs or continues shall be deemed a separate offense.
(Ord. 2013-128. Passed 3-10-14.)