(A) Sign Permits Required:
1. Permanent Signs: It shall be unlawful for any person to erect, repair, alter or relocate within the City any sign or other advertising structure as defined in this chapter without first obtaining a sign permit from the Director of Community Development and making payment of the fee required by separate City ordinance. Routine maintenance and changing of parts designed to be changed shall not be considered an alteration, provided such change does not alter the surface area, height or otherwise make the sign nonconforming. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code and permit fees required thereunder; provided, however, that a sign permit is not required for signs enumerated in section 4-3-8 of this chapter. (Ord. 0-38-94, 9-6-1994; amd. Ord. 0-25-95, 7-17-1995; Ord. 0-04-00, 4-3-2000)
2. Permits For Temporary Signs: All temporary signs except for those enumerated in section 4-3-8 of this chapter, shall require a permit. Possession of a valid permit for a temporary sign shall entitle the owner to display one temporary sign for not more than thirty (30) days. Permits for temporary signs must be kept on the premises where the sign is displayed and must be shown to the Director or representative at his request.
3. Alter, Repair, Or Relocate Existing Signs: Any person desiring a temporary or permanent sign permit or a permit to alter, repair, or relocate an existing sign, shall file application therefor upon a form which shall contain or have attached thereto the following information:
(a) Name, address and telephone number of applicant and property owner if different from the applicant.
(b) A map, drawn to scale, showing the location of the building, structure, or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings, thoroughfares and property lines.
(c) Plans and specifications, drawn to scale, showing the design of the sign, size in square feet, materials to be used, electrical components, method of construction, and means of attachment to the building or ground.
(d) The name of the person, firm, corporation, or association erecting, altering, or moving said sign.
(e) Written consent of the owner of the land on which the sign is to be erected, altered or relocated.
(f) Any other information as the Director shall require in order to show full compliance with this and other applicable ordinances of the City.
Application for a permit for a new temporary sign shall be made on a form provided by the Director.
(B) Variation Of Regulations:
1. Variance Procedure: Variances from the provisions of this sign code may be granted by the City Council after a hearing has been held and a recommendation filed in writing with the City Council by the Zoning Board of Appeals. Application for variances shall be made to the Zoning Board of Appeals with a copy transmitted to the City Council. The Zoning Board of Appeals shall consider a request for a variance at a regular or special meeting of the Board, but no published public notice of the consideration of the request for a variance need be made. In the event that the Zoning Board of Appeals has not transmitted a recommendation to the City Council within fifteen (15) days after being specifically notified by the City Council that it desires a recommendation in the matter, the City Council may itself consider the variance based upon the assumption that the Zoning Board of Appeals has recommended against the approval of the variance; provided, however, that in the case of planned unit developments, the Plan Commission is vested with jurisdiction over recommending variances under this sign code. The Zoning Board of Appeals or City Council may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the application for a variance, the Zoning Board of Appeals and the City Council shall consider the following:
(a) The available locations for adequate signage on the property;
(b) The effect of the proposed sign on pedestrian and motor traffic;
(c) The cost to the applicant in complying with the sign code as opposed to the detriment, if any, to the public from granting of the variance;
(d) If undue hardships and practical difficulties result in complying with the sign code and if these hardships are a result of previous actions of the applicant;
(e) The general intent of the sign code.
2. Variances Directly By City Council: The City Council may grant one type of variance without prior hearing before the Plan Commission or the Zoning Board of Appeals. This type of variance shall be to allow the placement of an off-site directional sign, or signs, indicating the location of a particular building, structure, development or other location or event within the City. A request for such a variance shall be made by the person who owns or controls the premises for which a directional sign is requested. The purpose of such a sign, or signs, shall be to notify motorists or pedestrians as to the location of a new structure or development or a new use of a structure or development or the location of an event. A variance to allow the placement of such sign, or signs, may be granted for a period of up to one year and such variance may be renewed by a motion of the City Council. The applicant shall submit to the City Council with his application, information regarding the specific location, size, and text to appear on the proposed sign or signs. Such signs shall not contain advertising regarding the premises but only information sufficient to guide a motorist or pedestrian to the site, and in the case of an event, the date and hours of the event. The application shall also contain a statement as to the duration for which the sign, or signs, are requested to remain in place. The fees payable for such a sign shall be the same as those payable for other signs unless the fee shall be waived in whole or in part by the City Council.
3. Variances Directly By Mayor And City Administrator: The Mayor and City Administrator may grant one type of variance without prior hearing before the Plan Commission, the Zoning Board of Appeals or a determination by the City Council. Such variances may be granted by the Mayor and City Administrator if both of them find that adverse economic conditions render the signage regularly allowable under the ordinances of the City inadequate to inform potential purchasers or renters of the existence or availability of commercial or multi-family residential units. Applications for the granting of this variance shall be presented in writing to the Mayor and City Administrator. The Mayor and Administrator shall only consider requests for a maximum of one "on site" and one "off site" sign from each applicant. No two (2) signs granted under this subsection (B)3 may be closer than one hundred feet (100') of each other. Prior to granting the variance, the Mayor and City Administrator shall determine that the development in question is experiencing difficulty in the achievement of full rental or sale of available units, and that the properties would benefit from additional signage or other variances of this Sign Code, and that the temporary placement of these additional signs or the granting of other variances would not adversely affect the health or safety of the owners or residents of surrounding properties or the public in general. The decision of the Mayor and City Administrator to grant or not to grant a variance under this subsection shall not be appealable. The Mayor shall advise the Council of any decision made within ten (10) days after such decision is reached. In the event that subsequent to the construction of the sign or the excise of the variance is granted, it should be determined by the Mayor and City Administrator that the action taken did adversely affect the health or safety of the owners or residents of surrounding properties or the public in general, the person granted the variance shall remove the sign or take such corrective action as ordered by the Mayor and City Administrator, within thirty (30) days after the date of written direction to so proceed.
The Mayor and City Administrator may grant any variances of the Sign Code; provided, however, that the maximum size of the signage allowed shall not exceed sixteen (16) square feet per sign face with double sided signs containing a maximum of thirty two (32) square feet being permitted. Provided, further, however, that where property is located within one thousand two hundred feet (1,200') of the center line of United States Highway I-55, the variance granted may allow a single faced sign containing up to sixty four (64) square feet. Variances under this subsection may be granted for a period of no more than six (6) months with the Mayor and City Administrator being permitted to grant one (1) 6-month extension upon the request of the applicant. Variances under this subsection may be granted for signs which were constructed prior to the inclusion of this subsection within the Sign Code.
There shall be an application fee of twenty five dollars ($25.00) for the first request, and a similar twenty five dollar ($25.00) fee for the request for an additional six (6) months.
(C) Issuance Or Denial Of Sign Permit:
1. It shall be the duty of the Director, upon the filing of an application for a sign permit to examine such plans and specifications and other data and the premises upon which such sign or other advertising structure is proposed to be erected, and if it shall appear that the proposed structure is in compliance with all the requirements of this Sign Code, and all other laws and ordinances of the City, the Director shall then issue the sign permit. Every applicant, before being granted a permit under this Sign Code, shall pay the requisite permit fee to the City for each sign. The amount of such permit fees are set forth in subsection 4-1-14-3(B)8 of this title, and as it may be amended from time to time. If the work authorized under a sign permit has not been completed within six (6) months after the date of the issuance, said permit shall become null and void.
2. When any application for a sign permit is denied by the Director, he shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial. Appeal from the Director's decision to deny a permit application may be made by the applicant to the Zoning Board of Appeals in accordance with the ordinances of the City.
(D) Limitations: Sign permits shall permit the erection, reerection, alteration, relocation, affixing or painting of a sign only on the property designated in the permit and only by the person to whom the permit was issued. The permit shall not be transferable. A separate sign permit must be obtained for each sign for which a permit is required.
(E) Revocation Of Permit: The Director is authorized and empowered to suspend or revoke a permit issued by him if there has been a violation of the provisions of this sign code or any false statement or misrepresentation of fact on the permit application. (Ord. 0-38-94, 9-6-1994; amd. Ord. 0-04-00, 4-3-2000)