This article shall be administered by the Zoning Administrator or designated representative.
(a) Review and Approval of Signs by the Administration. All new or replacement signs for existing structures or uses that are not subject to Planning Commission review, including temporary signs and banners, shall be reviewed and approved by the Zoning Administrator or designated representative. In any case, the Zoning Administrator reserves the right to refer a sign application to the Planning Commission for a recommendation.
(b) Review and Approval of Signs by Planning Commission. Signs subject to the review and approval of the Planning Commission are as follows:
(1) All new signs subject to the provisions of this article, whether for existing or new structures and uses that are subject to site plan review.
(3) Signs designating sites of historical significance as set forth in Section 7.02(f)(4).
(4) Signs for bed and breakfast accommodations as set forth in Section 7.09(a).
The application shall also describe the colors, construction materials and method of lighting of all such signs.
(c) Review Standards. The Zoning Administrator or the Planning Commission, depending upon the review authority set forth in subsections (a) and (b) hereof, shall review the sign plan for conformity with the objectives and standards of this article, specifically Section 7.01
Intent and Section 7.02
General Conditions.
(d) Permits Required.
(1) It shall be unlawful to display, erect, relocate or alter any sign without obtaining a sign permit. Signs meeting the provisions of Section 7.02(f) shall not require a permit.
(2) Sign permits shall be issued for signs in compliance with the standards of this article. When a sign permit has been issued by the City, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without first amending the permit or applying for a new permit.
(3) The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, his or her authorized agent, or a sign contractor. Such application shall be made in writing on forms furnished by the Zoning Administrator and shall be signed by the applicant.
(4) The application for a sign permit, whether reviewed by the Administrator or the Planning Commission, shall be accompanied by the following information:
A. The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.
B. The location by street address of the proposed sign structure.
C. Complete information as required on application forms, including a site plan and elevation drawings of the proposed sign, and such other data as are pertinent to the application, including the locations of the proposed sign(s) on the property and/or buildings as well as any other existing signs located upon the property and buildings on the site, the dimensions of the proposed sign and all existing signs, and a drawing of such sign(s). The application shall also describe the construction materials and method of lighting of all such sign(s).
D. Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used.
E. Application for, and required information for such application, and an electrical permit for all electrical signs if the person building the sign is to make the electrical connection.
F. A statement of valuation.
(e) Non-conforming Signs.
(1) Unless otherwise provided in this Section or other applicable law, nonconforming signs may be used, maintained, or repaired in the same form and type as they existed at the time they became nonconforming.
(2) No nonconforming sign:
A. Shall be changed to another nonconforming sign;
B. Shall have any change made in the message displayed on the sign unless the sign is specifically designed for periodic change of message;
C. Shall have any change made in the structure, shape, size, type, design, or mechanical or electrical equipment of the sign unless the change brings the sign into compliance with this chapter; however, the Building Official may order repair of a nonconforming sign for safety;
D. Shall be reestablished or maintained after the activity, business or usage to which it relates has been discontinued for one hundred twenty (120) days or longer;
E. Shall be repaired or erected after being damaged if the repair or erection of the sign would cost more than fifty percent (50%) of the cost of an identical new sign;
F. Shall have any change that would result in different type of or greater illumination of the sign or change a non-luminescent sign to a luminescent sign;
G. Shall have any change made to add mechanical or electronic features, except ambient light monitors to regulate brightness in accordance with this Code.
(3) If the owner of a sign or the premises on which a sign is located changes the location of a building, property line, or sign, or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this chapter.
(f) Removal of Abandoned Signs.
(1) Any sign located on property in the City that has been vacant or unused for more than one hundred twenty (120) days shall be presumed to be abandoned. The owner's intent to abandon or no longer continue the use of the sign shall be established by a preponderance of the evidence before the Zoning Administrator. Such evidence may include, but not be limited to, any factor involving the use (or lack thereof) or the condition of the sign or the business it advertises, and may include, by way of example, such considerations as:
A. Whether utilities have been disconnected to the premises to which the sign relates.
B. Whether any fixtures within and outside the premises to which the sign relates have been removed.
C. Whether the premise to which the sign relates have fallen into disrepair or is considered "blighted."
D. Whether U.S. Mail delivery for the business to which the sign relates has been terminated or mail is forwarded to another address.
E. Whether the classification of the property for tax purposes has been changed to reflect another use.
F. Whether any license associated with the use of the premises to which the sign relates has expired.
G. Any other evidence indicating that the business or activity to which the sign relates is no longer operating from the advertised premises.
(2) Exceptions to this restriction may be permitted by the Planning Commission based upon the historical significance of signage. In determining historical significance of a sign, the Planning Commission shall use the following guidelines:
A. Whether or not the sign is located on an historically significant or contributing structure, as defined in this ordinance.
B. The historical or architectural value and significance of the sign and its relationship to the historical value of the surrounding area;
C. The relationship of the exterior architectural features of the sign to the rest of the structure and the surrounding area;
D. The general compatibility of exterior design, arrangement, texture and materials of the sign; and
E. Other factors, including aesthetic value, which the Planning Commission considers pertinent.
(3) A sign shall be removed by the owner or lessee of the premises upon which the sign is located within thirty (30) days after the business which it advertises is no longer conducted on the premises. The Zoning Administrator or designee shall order the removal of any sign, including the sign structure, erected or maintained in violation of this ordinance. Notice in writing shall be given to the owner of such sign or of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance with the ordinance. Notice in writing shall be delivered in person or sent certified, return receipt requested, within five (5) days of discovery of the violation.
A. If the owner of the property to whom such a notice has been sent claims that the sign has not been abandoned, such owner shall, within sixty (60) days from the date of the notice, file a written response to the Zoning Administrator stating facts which rebut the presumption of abandonment and demonstrate the intent not to abandon the sign.
B. At the end of such sixty (60) day period, if a written response stating facts to rebut the presumption of abandonment has not been submitted to the Zoning Administrator, the sign shall be deemed abandoned, and a notice to such effect shall be sent to the owner.
C. If a written response stating facts to rebut the presumption of abandonment has been submitted to the Zoning Administrator, and if the response demonstrates in the discretion of the Zoning Administrator that the sign has not been abandoned, the sign shall be permitted to remain until further evidence of abandonment appears, or some other basis for removal arises. If the Zoning Administrator determines that the response fails to demonstrate that the sign has not been abandoned, the notice of sign abandonment and the response from the owner shall be placed upon the agenda of a meeting of the Zoning Board of Appeals, and notice of the time, place and date of the meeting shall be sent to the owner. After a review of the notice and response, and after affording an opportunity to be heard by the owner and the Zoning Administrator, together with any and all other information and argument deemed appropriate by the Zoning Board of Appeals, the Zoning Board of Appeals shall make a final determination with respect to whether the sign has been abandoned.
(4) If the owner or lessee fails to remove the sign, then the City may remove the sign by issuance of a Municipal Civil Infraction to the owner or by applying to a court of competent jurisdiction seeking an order requiring removal of the sign. Any cost of removal incurred by the City shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinance debt or in the manner of taxes and such charge shall be a lien on the property.
(5) The City shall also remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public, with the cost of removal assessed against the owner as set forth herein.