§ 16-28A.013. Procedures.

(a)

Sign Permits:

(i)

No sign shall be placed, constructed, erected or modified without first securing a sign permit from the director in accordance with these procedures, except for those signs exempted by the specific language of this chapter 28A.

(ii)

No sign permit of any kind shall be issued for an existing or proposed sign unless such sign meets all of the requirements of this chapter, Part 16 of the Code of Ordinances, and all other applicable requirements of the Code of Ordinances or is a lawful nonconforming sign under this chapter.

(iii)

A sign permit shall be required for a change of materials or for the substitution of panels or faces on a billboard sign to verify that the sign is structurally sound, is at a location, and is of a size and height, which meets the requirements for a lawful sign under this part.

(iv)

No permit will be issued for any change to a legally nonconforming sign that enlarges or expands the degree of nonconformity, provided however that repairs and normal maintenance of legally non-conforming signs including the repairs and maintenance necessary to allow conversion of the sign face for the utilization of changing sign technology shall not be considered an expansion of the degree of non-conformity. An existing changing sign that is legally non-conforming shall be allowed to utilize this provision for purpose of installing a different changing sign technology.

(b)

Permit Procedures: The following procedures shall govern the application for and issuance of all sign permits under this chapter 28A.

(1)

All applications for sign permits shall be submitted to the director on an application form provided by the director. Each application shall be accompanied by the applicable fees established by the governing authority from time to time. No application shall be deemed to be accepted by the director unless all fees are paid and all information reasonably required by the director is provided by the applicant. All applications for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings showing the dimensions, design, structure, and location of each particular sign, as well as total wall area dimensions when necessary to determine compliance with this chapter 28A. One application and permit may include multiple signs on the same lot where said multiple signs are otherwise permissible by this chapter 28A.

(2)

All applications for sign permits shall be either issued or denied within 30 days of their submission. If the sign permit is neither issued nor denied within this time period, the applicant may at their own risk erect a sign meeting the requirements of this part as if the application had been granted. The director is authorized, however, upon determination that a sign, erected for any reason, is not in compliance with these regulations, to take the appropriate action necessary to cause it to come into compliance or to be removed if illegal. After examination of an application, including an application which has been filed for more than 30 days, the director shall either:

(a)

Issue the sign permit if the sign(s) conform(s) in all respects to the requirements of this chapter and all other applicable City Code provisions; or

(b)

Deny the sign permit if the sign(s) fail(s) in any way to conform to the requirements of this chapter or any other applicable City Code provision. In case of a denial, the director shall notify the applicant in writing at the address set forth in the application.

(3)

No illegal display, feature, attribute or other part of any otherwise permitted sign shall be considered legally non-conforming and no illegal sign shall become legally non-conforming by reason of failure of the director to deny the permit within 30 days of the submission of the application.

(c)

Inspections: The director shall, at any time deemed necessary, inspect each sign regulated by this chapter 28A to ensure conformity with these regulations and other ordinances of the city. The director is hereby authorized and empowered to revoke any permit issued upon failure of the holder thereof to comply with any provision of this chapter 28A or other ordinances of the city, or to take other action lawful and necessary to assure correction of violations.

(d)

Lapse of Sign Permit: A sign permit shall be deemed to lapse automatically and hence be deemed illegal if the business license for the premises lapses, is revoked or is not renewed. A sign permit shall also lapse if the activity on the premises is discontinued for a period of 180 days or more and is not renewed within 30 days of a notice to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.

(e)

Permits for Portable Signs: Portable signs shall be allowed only in accordance with the provisions of section 16-28A.007(a) and only upon the issuance of a sign permit, which shall be subject to the following additional requirements:

(1)

A sign permit shall allow the use of a portable sign only for one single continuous specified 30-day period.

(2)

Only one sign permit for a portable sign shall be issued to the same business license holder on the same lot for the same business.

(3)

A portable sign shall be allowed only in the districts specified in section 16-28A.007(a) and shall be subject to all other requirements for portable signs as set forth in this chapter, in Part 16, and in any other applicable Code section.

( Ord. No. 2015-54(15-O-1394), § 1(Att. A), 11-11-15 )