10-6-13: SIGN PERMIT REQUIRED:
   A.   Permits Required: Applications for sign permits must be filed with the planning staff. Applications must be submitted on forms provided by the community development director and contain at least the following information:
      1.   The name and contact information of the sign owner, the property owner where the sign is or will be located, and the sign contractor of the proposed sign.
      2.   The following information in PDF format:
         a.   A scaled and dimensioned site plan showing:
            (1)   All buildings on the subject property;
            (2)   The location, size, and types of existing signs on the subject property; and
         b.   Clear and legible scale drawings with:
            (1)   Description and nominal dimensions of the proposed sign; and
            (2)   The construction size, dimensions, and kind of materials to be used in such a structure.
         c.   A time-stamped photo of the proposed sign location, with the photo at most one-year-old.
         d.   A color rendering showing before-and-after images of the sign at the proposed location.
      3.   Calculations or evidence showing that the structure, design, and mounts comply with the requirements of this article for wind pressure load.
      4.   Evidence of liability, insurance policy, or bond, as required in this article.
      5.   Such information as the sign inspector may require demonstrating full compliance with these sign regulations and all other applicable city regulations.
      6.   Signature of the applicant and property owner.
   B.   Signs Encroaching On Right-Of-Way: If a sign application involves the installation of a sign that encroaches upon or over the right-of-way, a such permit application must also include the following information:
      1.   The location of encroachment identified in drawings/renderings is required under paragraph (A).
      2.   Acknowledgment by the property and business owner that the city may revoke permission to encroach upon right-of-way based on public safety, maintenance, other use, or other legitimate reasons;
      3.   Property owner agrees to hold the city harmless from any and all injury that may occur to any party resulting from using the right-of-way. This provision is intended to indemnify and hold harmless the city to the fullest extent permitted by law. It includes the payment of reasonable attorney fees for the defense of any claims brought that can fairly be said to be under the intent and purpose of this hold harmless agreement. To secure such hold harmless agreement, the property or business owner must maintain a general liability insurance policy on its business operations in an amount of not less than $1,000,000.00 per occurrence and produce a certificate of insurance demonstrating to the satisfaction of the city that the city is entitled to coverage thereunder under the terms and conditions of the hod harmless agreement. A copy of the certificate of insurance must be provided and maintained or the permission to encroach on right-of-way will be revoked.
      4.   The authority to encroach upon right-of-way does not transfer to any new business or property owner. A new right-of-way encroachment permit is required.
   C.   Sign Permit Issuance And Denial:
      1.   The community development director must issue a permit for the erection, structural alteration, enlargement, or relocation of a sign within the city when the permit application is properly completed, all required fees have been paid, and the sign complies with all applicable regulations. If the sign permit is denied, the community development director must give written notice of the denial to the applicant and property owner, with a brief statement of the reasons for the denial. The community development director’s failure to either formally grant or deny a properly completed sign permit application within ten (10) days of the date of application meeting the requirements of this article constitutes cause for an appeal to the planning board.
   D.   Sign Permit Variance: If a sign permit is denied due to the regulations of this article causing undue or unnecessary hardship on any person, firm, or corporation, a variance from the sign regulations may be requested as specified in 10-6-17.
   E.   Violations And Penalties: Violations of or failure to comply with this chapter’s provisions are declared unlawful.
      1.   Any sign erected, altered, moved, or structurally modified without a permit or altered with a permit but in violation of the provisions of this chapter, must be removed at the owner’s expense or brought into compliance within five (5) days of written notification by the community development director. If the violation is failure to obtain a permit, a permit fee is required, and the permit fee will be two (2) times the normal fee. If the owner does not remove the sign or bring it into compliance, the community development director may order removal, the expenses of which will be assessed to the tax roll of the property on which the unlawful sign is located.
      2.   This section does not preclude the city from maintaining any appropriate action to prevent or remove a violation of this article. If the owner does not remove or bring it into compliance, the community development director may order the sign removed. If such a sign is not removed by the owner within the time period specified, the city may cause removal, with the owner being responsible for all costs. These expenses will be assessed to the tax roll of the property on which the unlawful sign is located. (Ord. 2023-7, 7-17-2023)