(A) Permit requirements. No person, group, firm, company, corporation or other organization shall erect, construct or display a non-portable sign in the town, not displayed on September 4, 2001, without a permit from the town. Furthermore, no person, group, firm, company, corporation or other organization shall replace an existing non-portable sign in the town without a permit. Obtaining a construction, building, or other permit from any federal, state or local governmental agency shall not obviate or eliminate the necessity of obtaining a sign permit required by this section.
(B) Application procedure.
(1) The application for a sign permit shall be filed with the Town Clerk who shall forward the application to the Town Manager.
(2) The application shall contain such information as the Town Council and the Town Manager may prescribe from time to time, but shall in all instances contain the following:
(a) The name and address of the applicant and the owner of the property in question;
(b) A legal description and street address of the property in question;
(c) A concise written statement indicating how the sign complies with this chapter; and
(d) Photographs and/or scale drawings as may be appropriate.
(C) Fees. An application for a permit under this section shall be accompanied by a fee in the amount of $25.
(D) No notice or hearing. No notice or hearing is required for the issuance by the Town Manager of a sign permit issued in compliance with this section. The Town Manager may grant sign permits provided he or she determines that the application demonstrates that the sign will be in compliance with this chapter. The Town Manager may refer the application to the Signage Review Board for its review and recommendation. Following review of the application and any investigation or referral deemed appropriate, the Town Manager shall transmit to the Town Clerk a written report giving his or her determination and approving the permit application as submitted, denying the permit application as submitted, or approving the permit application subject to certain stated terms, conditions, provisions or changes.
(E) Appeals.
(1) Any person, group, firm, company, corporation, or other organization adversely affected by a decision of the Town Manager with respect to a sign permit application may present an appeal to the Town Council. The appeal shall be filed with the Town Clerk who shall forward a copy of the appeal to the Town Council and to the Town Manager. The appeal shall be submitted a minimum of 21 days prior to the regularly scheduled Town Council meeting in order to be included on the agenda. The appellant shall submit such number of copies of the appeal as the Town Council may prescribe from time to time.
(2) The appeal shall be in such form and contain such information as the Town Council may prescribe from time to time, but shall in all instances contain the following:
(a) A copy of the sign permit application;
(b) A copy of the written report of the Town Manager; and
(c) A concise written statement explaining the nature of the appeal, identifying the issues involved, and presenting the position of the appellant and any alleged error made by the Town Manager.
(3) The Town Council shall hold a public hearing following proper public notice for each appeal as part of its regular public meeting schedule. Following the hearing, the Town Council shall transmit to the Town Clerk and the Town Manager a written report giving its findings and affirming, modifying or reversing the decision of the Town Manager.
(F) Administrative remedies. It is specifically provided that the failure to apply for and seek a permit under this section as well as the failure to appeal any adverse decision of the Town Manager to the Town Council under this section shall work as a bar in challenging this chapter or its requirements in court.
(Ord. 250A, passed 9-4-2001) Penalty, see § 151.99