(A) Permit required. It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversation, alteration, enlargement, extension, placement, or moving of any sign or sign structure or any portion thereof without first having applied in writing to the Mayor, or his designee, for a sign permit to do so, and a sign permit has been granted thereof. Should any existing sign be enlarged, replaced, moved, or reconstructed, it shall be considered a new sign, requiring a sign permit. If an existing sign is repainted or the sign panels replaced for the purpose of changing the business or tenant, it shall require the filing of an assignment permit, pursuant to (I)(2). However, the re-painting of a sign or the replacement of sign panels for ordinary maintenance, the seasonal updating of the sign message by the same business or tenant, or the repair or restoration of the existing sign to a safe condition after being damaged by a storm or other accidental act, shall not constitute such a change as to classify the sign as a new sign, and shall not require a sign permit, providing that the repair and/or replacement shall be in conformance with the height, location, and dimensions as shown in accordance with the original sign permit, and that any damage to the sign shall not be sufficient to make the sign subject to the requirements of § 158.14.
(B) Responsibility to obtain permit. The primary responsibility for securing the necessary permit(s) shall be the property owner's. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to perform that work to ensure that all required permits and approvals have been secured prior to any work being initiated. For the purposes of this chapter, through the acceptance of the contract to perform the work, the third party so contracted shall become equally liable for all fees, fines, and penalties prescribed by this chapter arising from violations resulting from that work. All required permits must be renewed every three years.
(C) Applications to be submitted. Applications shall be submitted to the Mayor or designee for approval. Said application shall consist of a scale drawing showing the detail and dimensions of a said sign along with the dimensions of the building and proposed location of the sign(s).
(D) Electrical permit and inspection. All signs which are electrically illuminated by neon and other means shall require a separate electrical permit and inspection.
(E) Erection of signs in 90 days. All signs shall be erected within 90 days of issuance of the permit; otherwise the permit shall become null and void.
(F) Signs erected and maintained by city. Signs erected and maintained by the city shall not require a permit nor may they be restricted by the provisions of this chapter.
(G) Signs existing on date of passage. All signs existing on the date of the passage of this chapter shall be registered and contain the information of division (C) by 5-18-2003, conforming or legally non-conforming.
(H) The Mayor or designee shall cause an inspection of the sign for which each permit for a new sign or for modification of an existing sign is issued during the fourth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection the permit shall lapse and become void. If the construction is complete and in full compliance with this chapter and with the building and electrical codes, the Mayor or designee shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete, but not in full compliance with this chapter and applicable codes, the Mayor or designee shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Mayor or designee shall affix to the premises the permanent symbol described above.
(I) The owner of a sign requiring a permit under this chapter shall at all times maintain in force a sign permit for such sign.
(1) A continuing sign permit shall lapse automatically if the business ceases. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 90 days or more and is not renewed within 30 days of a notice from the city to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.
(2) A current and valid sign permit shall be freely assignable to a successor as owner of the property of a business for the same premises, subject only to filing such application as the Mayor or designee may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.
(Ord. 2003-2, passed 2-17-2003) Penalty, see § 158.99