7A.2. INTERPRETATION, SEVERABILITY, AND NON-COMMERCIAL SPEECH SUBSTITUTION

7A.2.1. INTERPRETATION

   The zoning administrator shall interpret and apply the sign  standards. Where there is a conflict between provisions of the sign  standards and other provisions of the Unified Development Code , the more restrictive provisions shall prevail.

7A.2.2. INTERPRETATION OF DISTRICT BOUNDARIES

   A.   Zones and special sign districts are determined by adopted maps. The pedestrian business district , historic district and scenic corridor zone  district are specifically mapped districts that supersede the underlying zoning classifications for purpose of determining the sign regulations. Please reference Section 7A.11 Special Districts for maps showing locations of special districts. The scenic corridor zone  district is determined based upon the mapped scenic corridors of the Major Streets and Routes Plan .

   B.   The effectuation of a change of zoning for a property will also effectuate a change in the sign  standards.

   C.   Interpretation of a special sign  district shall be made by the zoning administrator.

7A.2.3. APPLICATION OF PRIOR CODE SECTIONS

   Chapter 3 of the Tucson Code as adopted and amended prior to the adoption of the sign  standards is repealed except that the same is continued in full force and effect as necessary to the final determination and disposition of the prosecution or litigation of any claim or complaint that has been made or may be made in the future alleging a violation of any prior provision of Chapter 3 based upon acts occurring prior to the repeal of any such provision.

7A.2.4. SEVERABILITY AND NON-COMMERCIAL SPEECH SUBSTITUTION

   Article 7A is subject to Section 1.8 Severability. Any provision of the sign  standards that imposes a limitation on freedom of speech shall be construed in a manner that is viewpoint neutral and treats expressive speech either the same as or less restrictive than commercial speech. Any provision of the sign  standards that is found to be an unconstitutional limitation on freedom of speech by any court shall be severed from the sign  standards in a manner that preserves the standards and protects freedom of speech.

(Ord. 11508, 12/5/2017)

7A.3. DEFINITIONS

   A.   The terms used in the sign  standards shall have the meanings as noted in Article 11 Definitions, unless the context otherwise requires.

   B.    Residential Use: For the purposes of this Article, residential use shall mean single family residential and multi-family residential.

(Ord. 11508, 12/5/2017; Am. Ord. 11803, 12/8/2020)

7A.4. PERMITS, INSPECTIONS, AND FEES

7A.4.1. PERMITS

   A.   All signs shall be erected, reinstalled, altered, repaired, relocated, permitted and inspected in compliance with Section 3.3 Zoning Compliance Review, Section 4 Development Review Fee Schedule of the Administrative Manual, and the most recently adopted Unified Building Codes, as well as other applicable City codes.

      1.   It shall be a civil infraction for any person to erect, reinstall, alter , change the copy of, repair or relocate a sign , or cause the same to be done, without first obtaining a permit or permits from the Planning and Development Services Department, as required by the sign  standards.

      2.   It shall be a civil infraction for any person to use, maintain, or otherwise allow the continued existence of any sign for which the required permit was not obtained, and each day such violation shall continue shall constitute a separate offense.

      3.   A permit shall be issued to the owner of the property or the agent for the owner. When a contractor is required to be licensed by the State of Arizona, the permit shall only be issued to a licensed contractor.

      4.   Compliance with technical codes. In addition to compliance with the sign  standards, all signs shall comply with the appropriate detailed provisions of the adopted Building Code for the City of Tucson and all adopted technical codes relating to design, structural members, and connections, the applicable provisions of the Electrical and Fire Codes of the City of Tucson and the additional construction standards set forth in this jurisdiction.

   B.   Permission of Property Owner

      1.   No person shall erect, construct, or maintain any sign upon any property or building without the consent of the owner, person entitled to possession of the property or building , if any, or their authorized representative.

(Am. Ord. 11803, 12/8/2020)

7A.4.2. ISSUANCE

   A.   Review and Approval

      The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Planning and Development Services Department. Such plans may be reviewed by other departments of the City to verify compliance with any applicable laws under their jurisdiction. If the Planning and Development Services Department finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of the sign  standards and other pertinent laws and ordinances, and that the fees specified in the Administrative Manual have been paid, a permit shall be issued to the applicant. When the Planning and Development Services Department issues the permit where plans are required, the plans and specifications shall be endorsed in writing or stamped "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Planning and Development Services Department, and all work shall be done in accordance with the approved plans.

   B.    Retention of Plans

      One set of approved plans and specifications shall be returned to the applicant and shall be kept on the job site at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the Planning and Development Services Department.

   C.   Validity of Permit

      The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the sign  standards or of any other ordinance of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these Codes shall be valid.

   D.   Expiration

      1.   Every permit issued by the Planning and Development Services Department under the provisions of the sign  standards shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of 180 days or more at any time after the work is commenced as evidenced by successive approved inspections. Before such work may be resumed, a new permit shall first be obtained, and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications of such work, and that suspension or abandonment has not exceeded one year. Where a permit has expired for more than one year, a new permit must be obtained at full fee.

      2.   Any permittee holding an unexpired permit may apply for an extension of time within which to commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The zoning administrator may extend the time for action by the permittee for a period not exceeding180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. Prior to extending the permit, the zoning administrator may require the plans to be re-examined and/or on-site inspections to be made, the cost of which will be paid by the applicant requesting the extension of the permit. The Planning and Development Services Department director may condition an extension of a permit on compliance with any amendments to the sign  standards adopted after issuance of the initial permit.

   E.   Suspension or Revocation

      The Planning and Development Services Department may, in writing, suspend or revoke a permit under the provisions of the Tucson Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of the Tucson Code.