(A) Building Official. The provisions of this subchapter shall be administered and enforced by the Building Official, and such representatives as he or she may designate. All other officers and employees of the city shall assist and cooperate with the Building Official in administering and enforcing the provisions of this subchapter.
(B) Permits required. No sign shall be erected, re-erected, constructed, attached, altered or maintained, except as provided by this subchapter and after a permit for the same has been issued by the Building Official. A separate permit shall be required for a sign for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs.
(C) Application for permit. Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such application shall contain a description of the proposed sign, any existing signs, the location by street and number of the proposed sign structure, the existing zoning of the property where the sign is to be placed, as well as the name, address and telephone number of the owner and of the registered sign contractor or erector. The sign contractor must be registered in the City of Ferris. The Building Official may require the filing of plans or other pertinent information where, in his or her opinion, such information is necessary to ensure compliance with this subchapter. Standard plans reflecting the proposed scope of work may be filed with the Building Official.
(D) Fees. Sign permit fees and plan review fees shall be paid in accordance with the sign permit fee schedule established by the Ferris City Council.
(E) Exemptions from sign permit fees. These exemptions shall not be construed as relieving the owner of any such sign from the responsibility of its erection and maintenance and its compliance with the provisions of this subchapter or any other law or ordinance regulating the same. The following signs or activities shall not require sign permits:
(1) Maintenance, painting, repainting or cleaning of an advertising structure or message thereon for an ongoing entity for which no structural changes are required. Painting, repainting or cleaning of an existing advertising structure or message for a new business is not included in this exception. Lighted signs are not included in this exception except for theater marquees and similar signs that are specifically designed for the use of replaceable copy.
(2) Political signs as defined § 154.087.
(3) Signs that are permitted through the Board of Adjustment and Appeals for special events outside sales and storage of merchandise.
(4) Church, charity and civic signs.
(5) “Now hiring” signs. Employment ads are exempt.
(6) U.S., Texas or patriotic flags.
(7) Window signs as defined in § 154.087.
(F) Sign maintenance required. All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times.
(G) Double permit fee. The application fee or a sign permit shall be doubled when the installation or alteration of a sign is commenced or completed before the necessary permit is obtained.
(H) Time limit for exercise of sign permit. In all cases where a sign permit has been approved, the sign permit shall be obtained and the sign(s) erected within a period not to exceed 6 months from date of approval. In the event such sign or signs are not erected within this period the permit shall become null and void.
(I) Only permitted signs to be erected. No person shall erect, reconstruct, alter, relocate or place any sign within the city except such signs as are permitted by this subchapter. All signs, including the frames, braces or supports thereof, shall be constructed and maintained in compliance with this title, the building and electrical codes, this chapter and all other applicable ordinances of the city.
(J) Inspections. All signs for which permits are required shall be subject to inspection by the Building Official. Footing inspections may be required by the Building Official for all signs having footings. All signs containing electrical wiring shall be subject to the provisions of the governing electrical code, and the electrical components used shall bear the label of an approved testing agency. The Building Official may order the removal of any sign that is not maintained in accordance with the provisions of this subchapter. All signs may be reinspected at the discretion of the Building Official.
(K) Fines for noncompliance. Violators of any provision of this subchapter shall be subject to fines set forth in this code and/or signs may be removed by agents and employees of the city and may be either stored or destroyed without liability to the city or its agents or employees. The owner of a sign confiscated by the city may claim the sign remaining in the custody of the city upon payment to the city of a onetime impoundment fee of $50 per sign and an administrative fee of $10 per sign per day.
(L) Exceptions by the Board of Adjustment and Appeals. In order to prevent or lessen practical difficulties and unnecessary hardship inconsistent with the objectives of this subchapter, the Board of Adjustment and Appeals may recommend exceptions from the regulations prescribed herein relating to the height, area, location or number of signs; in such cases, however, the following circumstances shall be found to apply:
(1) Any exception recommended for approval shall be subject to such conditions as will assure that the adjustment thereby recommended shall not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and
(2) Due to special circumstances applicable to the subject property, including size, shape, topography, street frontage, location or surrounding land use; the size or height of the building on which the sign is to be located; the classification of the street or highway on which the sign is located or designed primarily to be viewed from, the strict application of sign regulations is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.
(M) Appeal; decision of Building Official. All questions of interpretation and enforcement shall be first presented to the Building Official and such questions shall be presented to the Board of Adjustments, only on appeal from the decision of the Administrative Official. Any person aggrieved by any interpretation or by any decision or ruling of the Building Official under this subchapter shall have the right to make an appeal to the Board of Adjustments. Notice of appeal shall be in writing and must be filed within 30 days. A fee of $250 shall accompany such notice of appeal. Such an appeal shall be considered at a Board meeting and shall be subject to the regulations contained herein for Board meetings.
(N) Board of Adjustment and Appeals appeal hearing. Within a period of 30 days from the filing of the appeal, the Board shall hear the appeal, together with the testimony of all parties concerned, and render a decision thereon within 3 days thereafter. In hearing such an appeal, the Board shall not have the power to waive or set aside the requirements of this subchapter, but shall have the power to interpret its provisions, and in case of alternate signage, shall determine whether such alternate signage is in fact equal to the standards of this subchapter, considering adequacy, stability, strength and safety to the public health and welfare.
(Ord. O-12-743, passed 12-3-2012)