(A) Permit required. It shall be unlawful for any person to erect, structurally alter, or relocate within the city, as well as in the unincorporated area of Adams County, Indiana, as set forth in § 152.005, any sign as defined in this subchapter except signs authorized without a permit, without first obtaining an erection permit from the Department and making payment of the fee as required by this section.
(B) Enforcement. The Department shall administer and enforce these sign standards. It shall be the duty of the Department, upon filing of an application for an erection permit, to examine such plans, specifications, and other data relating to the proposed sign and sign structure. If it appears that the proposed sign and sign structure is in compliance with all of the requirements of the Building Code, these standards and all other laws and ordinances of the city, the Department shall then issue an erection permit. If the work authorized under an erection permit has not been completed within six months after date of issuance, said permit shall become null and void, except that if good cause is shown, the Department may extend the permit for not more than one consecutive six-month period.
(C) Application. Applications for sign permits shall be made upon a form provided by the Department for this purpose. The application shall contain the following information:
(1) Name, address, telephone number, and if available, fax number and e-mail address, of the person applying for the permit.
(2) Name, address, telephone number, and if available, fax number and e-mail address, of the person owning the parcel upon which the sign is proposed to be placed.
(3) Written consent of the owner or authorized representative of the building, structure or land to which or on which the sign is to be erected.
(4) Location of the building, structure, and parcel to which or upon which the sign is to be attached or erected.
(5) Position of the sign in relation to nearby buildings, structures, property lines, and existing or proposed rights-of-way.
(6) Plans and specifications showing the size of the sign as well as the method of construction and/or attachment to a building, or in the ground.
(7) Copy of stress sheets and calculations, if deemed necessary by the Department, showing the structure as designed for dead load and wind pressure in any direction.
(8) Proof of Insurance policy as required by this subchapter.
(9) Such other information as the Department may require to demonstrate compliance with these sign standards, and any other applicable laws.
(10) The seal or certificate of a registered structural or civil engineer, when required by the Department.
(11) The zoning district in which the sign is to be placed.
(D) Insurance certificates. The applicant for a sign permit shall provide the Department with a certificate of insurance from an insurance company authorized to do business in the State of Indiana. The insurance shall provide public liability in the amount of at least $100,000 for injuries to one person and $300,000 for injuries to more than one person, and property damage insurance in the amount of at least $100,000, with an endorsement thereon holding the City of Berne harmless from any claims or causes of action arising out of the installation or maintenance of said sign. The sign permit shall automatically be revoked if the insurance is permitted to lapse. The insurance policy shall require written notice to the Department at least 30 days before the insurance is cancelled or materially altered.
(E) Permit fees. Permit fees for signs shall be established from time to time by the Common Council of the city. The permit fees must relate to the cost of issuing the permit and the enforcement of these standards, and may vary based on the size, type, and height of the sign. The following fee schedule shall apply to all signs upon the approval of this subchapter by the Common Council of the city:
(1) Each sign up to 12 square feet - $10.
(2) Each sign between 12 square feet and 50 square feet - $25.
(3) Each additional square foot of sign area over 50 square feet - $1.
(F) Registration tag. A registration tag shall be issued by the city to the sign owner or agent with the valid sign permit. If the tag is for a ground sign, the tag shall be placed on the sign structure so as to be legible at ground level adjacent to the sign, and said registration tag shall not be covered in any future reconditioning or painting of said sign. If the tag is for a sign other than a ground sign, the owner of the sign shall maintain the tag on file on the premises, and said tag shall be subject to inspection by the Department at any reasonable time.
(G) False information. A person providing false information under this subchapter shall be guilty of a Class C Misdemeanor.
(H) Revocation of permit. The Department is hereby authorized and empowered to revoke any permit issued by the Department upon failure of the holder thereof to comply with any provisions of these sign standards.
(Ord. 570, passed 2-26-07)