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1339.25 NONCONFORMING SIGNS.
The provisions of Section 1339.23 through 1339.24 shall be applicable to all signs and provided further, that any sign which is at any time found to be unsafe or insecure or which is an immediate peril to person or property shall be removed, repaired or altered in accordance with Sections 1339.23 and 1339.24, provided, however, that if a nonconforming sign is replaced by another sign, such replacement sign must conform with the provisions of this chapter; likewise, a nonconforming sign which is removed or altered so as to substantially change the size, appearance or nature of the sign, must conform to the provision of this chapter.
(Ord. 94-185. Passed 9-6-94.)
1339.26 SIGN FEE SCHEDULE.
Fees for the issuance of permits for signs as provided for in Section 1339.05 shall be collected by the Superintendent in advance of issuing a permit. The amount of such fees shall be as follows:
(a) Any sign 10 sq. ft. or less: $55.00
(b) Any sign more than 10 sq. ft.: $80.00 + $1.00/10 sq. ft.
(c) Any sign more than 10 sq. ft. $50.00 + $1.00/10 sq. ft.
and more than 20' in height
(d) All new electronic message display and new illuminated signs shall require an electrical permit, this shall be obtained at the time of the sign permit application. Electrical permit fees shall be in the amount of $135.00.
(1) Exception: Any replacement or erection of an electrical sign which has power available at the immediate location of the sign and does not require the extension of new conduit shall pay $80.00 for the electrical inspection of the hook-up.
(e) Marquees shall be reviewed as a "building addition" and shall require building and electrical permit fees relating to the size of the marquee.
The Superintendent shall deposit these tees with the Director of Finance to the credit of the General Fund. (Ord. 12-186. Passed 12-18-12; Ord. 13-019. Passed 1-15-13.)
1339.27 SIGN ERECTOR'S REGISTRATION.
In order to operate within the City, a sign erector shall be registered with the Bureau of Buildings, Codes and Permits in accordance with the requirements of Chapter 1333.
(Ord. 07-074. Passed 5-1-07.)
1339.28 MUNICIPAL TOURIST ATTRACTION DIRECTIONAL SIGNS.
After demonstration of eligibility by meeting the threshold qualifications as set forth in this regulation, the City provides Municipal Tourist Attraction Directional Signs which are intended to provide directional information for facilities located within the City and whose activity includes substantial numbers of customers not residing in the City. If approved, the signs are erected by, owned, maintained and subject to removal by the City.
(a) Qualifications to Apply. A facility must meet all of the following criteria to qualify for a Municipal Tourist Attraction Directional Sign.
(1) Eligible facilities shall be limited to lodging facilities, museums, sport venues, community theaters, nature attractions and amusement parks meeting the criteria set forth in this code as determined solely by the City Engineer.
(2) The facility must have regular hours for commercial transactions on site and open to the public for at least five days a week, which five days must include a Saturday or Sunday, and
(3) The facility must provide to the City Engineer an affidavit attesting that the majority of business clientele are non-Mansfield residents; that the attendant commercial activity involves not less than two thousand (2,000) visitors in any year; and any additional information that may be required by the City Engineer to verify status as a tourist destination.
(4) The facility must provide adequate parking, public restrooms and drinking water.
(5) The facility must be located in the City of Mansfield.
(b) Design Standards.
(1) All signs shall conform to size and color standards as determined by the City Engineer.
(2) All signs shall contain only the facility name and such other directional information as the City deems necessary to locate the facility.
(3) All final sign design shall be determined by the City, and
(4) All signs shall be fabricated or purchased by the Applicant, and shall become the property of the City.
(c) Number and Location.
(1) A maximum of four (4) arterial streets within the City, being one each from the north, south, west and east, shall be used for said signage. No more than three (3) off-premises signs per municipal tourist attraction will be permitted on each arterial street.
(2) Specific locations may be requested by the applicant, but are subject to all applicable safety criteria. Final sign locations are determined in the sole discretion of the City.
(3) The City shall be responsible for the installation of the signage, and
(4) All erected signage shall be subject to further review as necssary by the City to evaluate any safety concerns which may arise after installation.
(d) Permits, Fees and Duration.
(1) To demonstrate eligibility and compliance with the regulations for signs as described in paragraph (c)(1) herein, applicants shall complete a permit application and submit the completed permit application along with seventy- five dollars ($75.00) per sign (commercial establishments) or fifty dollars ($50.00) per sign (non-profits) as an installation fee to the Engineering Department.
In addition, the City reserves the right to install gateway signage on the major arterial entrances into the City for use by tourist attractions. To demonstrate eligibility and compliance with the regulations for gateway signage, which, except for paragraph (c)(1) and (2), are the same as set forth herein, applicants shall complete a permit application and submit the completed permit application along with three hundred dollars ($300.00) per sign (commercial establishments) or two hundred dollars ($200.00) per sign (non-profits) to the Engineering Department.
(2) By February 1st of each year following the initial issuance of a permit, a renewal fee of seventy-five dollars ($75.00) per sign (commercial establishments) and fifty dollars ($50.00) (non-profits), for paragraph (c)(1) signage, and three hundred dollars ($300.00) per sign (commercial establishment) or two hundred dollars ($200.00) per sign (non-profits) for gateway signage will be due in order to maintain the placement of the respective signs.
(3) If the facility to which the permit is issued ceases operation for a period of six consecutive months, all Municipal Tourist Attraction Directional Signs may be removed by the City without further notice of any nature.
(4) In the event a facility fails to pay the respective annual renewal fee(s), the City may, but is not required to, remove all Municipal Tourist Attraction Directional Signs without further notice to the permittee.
(e) Authority and Enforcement.
(1) The City Engineer or his designee is granted authority for discretionary decisions under this regulation.
(2) The City Engineer or his designee is charged with enforcement of the regulations set forth in this section.
(Ord. 11-068. Passed 5-3-11.)
1339.29 MURALS; APPLICATION; PERMITS; MAINTENANCE.
(a) Definitions.
(1) “Mural” is defined as any inscription, artwork, figure, wall mural, graffiti, marking or design that is marked, etched, scratched, drawn or painted on any property listed in subsection (a)(4) hereof.
(2) “Owner” means any of the following:
A. Any person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, or any shareholder, officer, trust, trustee, partner, agent or employee of any of the above who has care, custody, control or charge of a premises or part thereof, has legal title to the premises, or has done any act to maintain or operate the premises.
B. Any operator of a premises.
(3) “Operator” means:
A. Any person who has charge, care of or control of premises or a part thereof whether with or without the knowledge and consent of the owner.
B. Any person who alone or jointly or severally with others shall have legal or equitable title to any premises with or without accompanying actual possession therefrom or shall have charge, care or control of premises as the owner or agent of the owner, or an executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession.
C. Any person who as a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.
D. The vendor or vendee under a land installment contract who has care, custody, control or the right to enter on the premises or real property.
(3) “Premises” means a lot, plot or land parcel, including the building or structures thereon.
(4) “Property” is defined as any public property or any private property which is observable from the public right of way or from a public space.
(b) Defacement of Property. No person shall place artwork, mural, graffiti, write, paint or draw any inscription, figure or mark of any type on any property listed in subsection (a)(4) hereof unless the express permission of the owner or operator of the property has been obtained and a permit has been issued as provided herein.
(c) Mural Application Permit.
(1) Any person, firm, corporation or association desiring to place on any property an inscription, figure, artwork or mark of any type shall first obtain a permit from the City’s Certified Building Division. Applications for the permit issued under this section shall include the following information:
A. Name and address of the creator of the artwork or mural.
B. Name and address of the owner, operator, or the person in possession of the premises where the artwork is located or to be located.
C. Clear and legible drawings with description definitely showing location of the mural which is the subject of the permit and all other existing artwork whose construction requires permits, when such artworks are on the same premises.
D. Drawings showing the dimensions, construction supports, sizes, foundation, electrical wiring and components, materials of the mural and method of attachment and character of structure members to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the Building Code, as amended. If required by the City’s Certified Building Division engineering data shall be supplied on plans submitted certified by a duly licensed structural engineer.
E. The application shall be accompanied by a permit application fee of forty-five dollars ($45.00).
(2) Upon receipt of a completed application, the Certified Building Division shall transmit such application to the City’s Public Arts Commission who shall conduct a review within thirty (30) days. The artist or organization sponsoring the mural shall be available to the Public Arts Commission for an interview.
(3) The Public Arts Commission shall recommend the approval of an application for mural permits that meet the Commission’s technical and aesthetic standards.
(4) Approval by the Public Arts Commission is granted for the specific design and onetime production of the mural presented. The permit is granted for an indefinite period of time provided no changes are made to the original image presented to and approved by the Public Arts Commission. Any changes must be submitted through the Certified Building Division to the Public Arts Commission for review and determination as to whether the changes require approval from the Commission. This permit is revocable by the City’s Certified Building Division if it is determined at any time that the mural being installed does not comply with the information provided with the application or conform to the requirements of the Building Code.
(5) Unless a shorter period of time has been established by official action, this permit expires two (2) years after issuance if the approved mural has not been installed, or 180 days from issuance if the work permitted hereunder has not been commenced. This permit shall also expire if it is determined the work authorized by the permit has been suspended, discontinued, or abandoned for a continuous period of 180 days.
(d) Mural Maintenance, Penalty.
(1) It shall be the responsibility of the owner or operator of property upon which a mural is placed to maintain the appearance of the mural. A mural that is permitted to remain in a condition of disrepair shall constitute a public nuisance as defined in Section 1163.01
of the Codified Ordinances.
(2) Whoever violates this section shall be guilty of a misdemeanor of the third degree.
(Ord. 21-103. Passed 6-1-21.)