(a) Compliance with this Section. No person shall erect, locate, move, alter, or replace any sign or cause a sign to be located or maintained, unless all provisions of this Chapter have been met.
(b) Sign Concept Plan. For multi-tenant buildings and development projects with multiple buildings in the Central Business Mixed Use District (CBD), Mixed Use Overlay District (MX), the Design and Construction Board of Review shall approve basic sign parameters that set forth the location, size, color, and style of each tenant sign. Such sign parameters will be established when the Design and Construction Board of Review reviews development plans for new buildings. Whenever the Design and Construction Board of Review has approved such sign parameters, the Zoning Administrator will ensure any subsequent sign application submitted for a tenant of the development or building complies with such sign parameters.
(c) Deviations from Regulations. A unique or creative sign proposal that deviates from the objective requirements of this Chapter for a building or group of buildings shall be considered by the Design and Construction Board of Review utilizing the criteria below:
(1) The sign is of such size and scale to be appropriate for the size of the building and the portion of the building (panel, fascia, wall, etc.)and/or lot on which the sign will be placed.
(2) The proposed sign is the minimum of relief necessary to assure it is legible to the intended viewers that are typically the passing motorists.
(3) The additional sign, the additional sign area, the alternative location that is proposed, and/or the design of the proposed sign will not adversely impact the adjacent residential areas or, otherwise, compromise any other public interests.
(d) Application, Administrative Review, and Approval of Signage Proposals.
(1) When any person other than the owner of the property submits a sign application, the owner of the property or a designated agent for the owner shall also sign such application.
(2) All signs requiring a permit pursuant to 1193.11 (e) shall be reviewed by the Design and Construction Board of Review and approved when the Board determines that the proposal complies with the design standards. The Zoning Administrator shall be responsible for determining compliance with construction standards, maintenance, and all other applicable regulations in this Chapter.
(3) Approved signage proposals shall receive a sign permit from the Zoning Administrator.
(e) Permits Required.
(1) A permit shall be required for the following signs:
A. In a residential district and Public Facilities District, when the permanent sign exceeds two (2) square feet in area.
B. In a business district:
i. when the total area of all permanent signs on the premises exceeds twelve (12) square feet.
ii. for any temporary business sign.
(2) Application for erection permit shall be made upon forms prescribed by the Zoning Administrator.
(3) No permit shall be required for a non-commercial opinion sign.
(f) Exceptions. The provisions of this Chapter shall not apply to temporary signs in connection with the use of city-owned property as identified in Section 1193.09
(h).
(g) License Required. No person, firm or corporation shall engage in the business of outdoor advertising, the electric sign business or the commercial sign business within the City until such person, firm or corporation has obtained a license as herein provided:
(1) The license to engage in the business of outdoor advertising, the electric sign business or the commercial sign business shall be known as a "sign erector's license", and the work performed by a person, firm or corporation, who or which has been issued such sign erector's license, shall be limited to the work including in the classification "commercial sign business", "electric sign business" or "outdoor advertising" according to which of such classification is specified on the license and which classification shall be consistent with the fee paid for the license.
(2) Sign erector's licenses shall be issued only to those persons, firms or corporations who or which show sufficient knowledge and experience to satisfy the Zoning Administrator as to their ability to properly perform all work permitted and including under the license applied for, except that the Zoning Administrator may deny a license to any person, firm or corporation who or which has habitually or willfully violated any of the provisions of this Chapter which apply to signs or who or which has failed to comply within the time specified, with a reasonable and valid order properly issued and served by the Zoning Administrator to cause compliance with any such provisions.
(h) License Application. Application for a sign erector's license shall be made to the Zoning Administrator. The applicant shall furnish the Zoning Administrator such information as the Zoning Administrator may deem necessary for the proper enforcement and application of the provisions of this Chapter which are applicable.
(j) Expiration and Renewal of License. All sign erectors' licenses shall expire at 12:00 midnight on December 31 of each year, and a new license must be procured before any work is performed for which a license is required, except that such license to engage in outdoor advertising shall be procured on or before the expiration of an existing license held by the applicant.
(k) Bond and Insurance Required. No person, firm or corporation shall engage within the City in the business of outdoor advertising, electric sign business or commercial sign business until such person, firm or corporation shall have filed with the Director of Finance a bond in the sum of fifty thousand dollars ($50,000), or in lieu thereof, a public liability policy in the amount of fifty thousand dollars ($50,000) which as a condition thereof shall save and keep harmless the City and its officials from all damages, liabilities, losses, costs or judgments that may be claimed against same by reason of the negligent erection, alteration or repair of any sign which may be hereafter constructed, erected, repaired or altered in the course of their respective business.
(l) Lapsing of Bond or Insurance. The sign erector's license of any person, firm or corporation shall be automatically revoked if the bond or insurance required under the provisions hereof is found to be faulty or unreliable, or is not renewed or replaced on or before the expiration thereof.
(m) Building Permit; Fees. Any person, firm or corporation that is required to secure and operate under a sign erector's license as provided in this Chapter shall be required to apply for a building permit for each and every sign to be placed or erected within the City as provided in Section 1193.11
of the Development Code, and to pay a fee therefor at the rate in Chapter 1321
. In the event that both sides of the sign shall be used for advertising purposes, then the total area of both sides of such sign shall be considered in determining the fee.
(n) Permit Application. The application for a permit shall be submitted in such form as the Zoning Administrator shall prescribe, but in every instance shall establish the exact location of the sign, and shall be accompanied by structural design drawings prepared by a person competent to design such structure.
(o) Inspection of Construction. The construction and/or erection of any such sign shall be supervised and inspected either by the person who prepared the structural design drawings, or by another competent person approved by the Building Commissioner.
(p) Status of Prior Violations. All violations of the sign regulations repealed by the adoption of this Development Code shall remain violations and all penalties and enforcement remedies set forth herein shall be available to the City as though the violation were a violation of this Development Code. Provided, however, that if the effect of this Development Code is to make a sign, that was formerly unlawful or non-conforming, become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties, other than the removal of the sign, for the violations that occurred prior to the effective date of this Development Code.