[CC 1961 §§23.23.01.01 — 23.23.01.02; Ord. No. 2974 §23.23.01, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
Purpose. The purpose of this Article shall be to coordinate
the type, placement, and physical dimensions of signs within the different
land-use zones; to recognize the commercial communication requirements
of all sectors of the business community; to encourage the innovative
use of design; to promote both renovation and proper maintenance;
to allow for special circumstances; and to guarantee equal treatment
under the law through accurate record keeping and consistent enforcement.
These shall be accomplished by regulation of the display, erection,
use, and maintenance of signs. The use of signs is regulated according
to zone. The placement and physical dimensions of signs are regulated
primarily by type and length of street frontage. No sign shall be
permitted as a main or accessory use except in accordance with the
provisions of this Article.
B.
Scope.
1.
This Article shall not relate to building design, nor shall this
Article regulate official traffic or government signs; the copy and
message of signs; signs not intended to be viewed from a public right-of-way;
window displays; product dispensers and point of purchase displays;
scoreboards on athletic fields; flags of any nation, government, or
non-commercial organization; gravestones; barber poles; religious
symbols; commemorative plaques; the display of street numbers; or
any display or construction not defined herein as a sign.
2.
Thus, the primary intent of this Article shall be to regulate signs
of a commercial nature intended to be viewed from any vehicular public
right-of-way.
[CC 1961 §23.23.02; Ord. No. 2974 §23.23.02, 6-20-1988; Ord. No. 3048 §1(23.23.02), 5-1-1989; Ord. No. 3121 §1, 5-7-1990]
Certain terms are defined for the purpose of this Article as
follows:
A sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product, or activity, and/or for
which no legal owner can be found.
The Director of Public Works or his/her designated representative.
Any sign which uses movement or change of lighting to depict
action or to create a special effect or scene (compare "Flashing
Sign").
(see "Sign, Area Of")
A shelter projecting from and supported by the exterior wall
of a building constructed of non-rigid materials on a supporting framework
(compare "Marquee").
A sign painted on, printed on, or attached flat against the
surface of an awning.
A sign made of fabric or any non-rigid material with no enclosure
framework.
(see "Off-Premise Sign")
As defined in Section 400.020.
A sign on which the copy changes automatically on a lampbank
or through mechanical means, e.g., electrical or electronic time and
temperature units.
A sign on which copy is changed manually in the field, e.g.,
readerboards with changeable letters.
Unless the context clearly discloses a contrary intent, the
word "City" shall mean the City of Berkeley, Missouri.
The smallest vertical distance between the grade of the adjacent
street or street curb and the lowest point of any sign, including
framework and embellishments, extending over that grade.
A temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property
on which the sign is located.
The wording on a sign surface in either permanent or removable
letter form.
An on-premises sign giving directions, instructions, or facility
information and which may contain the name or logo of an establishment
but no advertising copy, e.g., parking or exit and entrance signs.
A sign with two (2) faces.
A sign or sign structure in which electrical wiring, connections,
or fixtures are used.
(see "Changeable Copy Sign, Automatic")
The entire building front including the parapet.
The area of a sign on which the copy is placed.
A string of ribbons, tinsel, small flags or pinwheels.
A sign which contains an intermittent or sequential flashing
light source used primarily to attract attention. Does not include
changeable copy signs, animated signs, or signs which, through reflection
or other means, create an illusion of flashing of intermittent light
(compare "Animated Sign", "Changeable Copy Sign").
A sign supported upon the ground by poles or braces and not
attached to any building.
The length of the property line of any one (1) premises along
a public right-of-way on which it borders.
The length of an outside building wall on a public right-of-way.
Any temporary or permanent sign erected and maintained by
the City, County, State, or Federal Government for traffic direction
or for designation of or direction to any school, hospital, historical
site, or public service, property, or facility.
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less (compare "Clearance").
A sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation
being identified.
A sign which does not meet the requirements of this Code
and which has not received legal non-conforming status.
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
A small, sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises, e.g., a credit
card sign or a sign indicating hours of business.
A parcel of land legally defined on a subdivision map recorded
with the assessment department or land registry office, or a parcel
of land defined by a legal record of survey map.
For the purposes of this Article, the cleaning, painting,
repair, or replacement of defective parts of a sign in a manner that
does not alter the basic copy, design, or structure of the sign.
A sloped roof or roof-like facade architecturally comparable
to a building wall.
A permanent roof-like structure or canopy of rigid materials
supported by and extending from the facade of a building (compare "Awning").
Any sign attached to or supported by a marquee structure.
A non-electric on-premises identification sign giving only
the name, address, and/or occupation of an occupant or group of occupants.
The portion of a building or premises owned, leased, rented,
or otherwise occupied for a given use.
A sign structure advertising an establishment, merchandise,
service, or entertainment, which is not sold, produced, manufactured,
or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising".
A sign which pertains to the use of the premises on which
it is located.
A person recorded as such on official records. For the purposes
of this Article, the owner of property on which a sign is located
is presumed to be the owner of the sign unless facts to the contrary
are officially recorded or otherwise brought to the attention of the
Administrator, e.g., a sign leased from a sign company.
Any sign which is applied with paint or similar substance
on the face of a wall.
The extension of a false front or wall above a roofline.
For the purposes of this Article, any individual, corporation,
association, firm, partnership, or similarly defined interest.
Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser.
Covers enclosing or decorating poles or other structural
supports of a sign.
For the purposes of this Article, a temporary sign used in
connection with a local, State, or national election or referendum.
Political signs displayed in residential areas shall not exceed six
(6) square feet in sign face. Political signs shall be displayed no
sooner than ninety (90) days prior to an election and shall be removed
within fourteen (14) days after the election.
Any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building.
A parcel of land with its appurtenances and buildings which,
because of its unity of use, may be regarded as the smallest conveyable
unit of real estate.
A sign, other than a flat wall sign, which is attached to
and projects from a building wall or other structure not specifically
designed to support the sign.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
The top edge of a roof or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor projections.
Any sign erected over or on the roof of a building (compare "Mansard", "Wall Signs").
A sign in which the sign itself or any portion of the sign
moves in a revolving or similar manner. Such motion does not refer
to methods of changing copy.
Any device, structure, fixture, or placard using graphics,
symbols, and/or written copy designed specifically for the purpose
of advertising or identifying any establishment, product, goods, or
services.
Projecting and freestanding. The area of a
freestanding or projecting sign shall have only one (1) face (the
largest one) of any double or multi-faced sign counted in calculating
its area. The area of the sign shall be measured as follows if the
sign is composed of one (1) or two (2) individual cabinets:
The area around and enclosing the perimeter of each cabinet
or module shall be summed and then totaled to determine total area.
The perimeter of measurable area shall not include embellishments
such as pole covers, framing, decorative roofing, etc., provided that
there is not written advertising copy on such embellishments.
If the sign is composed of more than two (2) sign cabinets or
modules, the area enclosing the entire perimeter of all cabinets and/or
modules within a single, continuous geometric figure shall be the
area of the sign. Pole covers and other embellishments shall not be
included in the area of measurement if they do not bear advertising
copy.
Wall signs. There shall be within a single,
continuous perimeter composed of any straight line geometric figure
which encloses the extreme limits of the advertising message. If the
sign is composed of individual letters or symbols using the wall as
the background with no added decoration, the total sign area shall
be calculated by measuring the area within the perimeter of the advertising
message.
A temporary sign or poster affixed to a tree, fence, etc.
A freestanding or wall sign identifying a recognized subdivision,
condominium complex, or residential development.
A sign not constructed or intended for long-term use.
A sign suspended beneath a canopy, ceiling, roof, or marquee.
The purpose for which a building, lot, sign, or structure
is intended, designed, occupied, or maintained.
A sign attached parallel to and extending not more than twenty-four
(24) inches from the wall of a building. This definition includes
painted, individual letter, and cabinet signs, and signs on a mansard.
A sign installed inside a window and intended to be viewed
from the outside. Window signs referring to sales and/or products
for sale shall not exceed ten percent (10%) of the window area or
ten (10) square feet in area, whichever is the smaller of the dimension.
[CC 1961 §23.23.03; Ord. No. 2974 §23.23.03, 6-20-1988; Ord. No. 3048 §1 (23.23.03), 5-1-1989]
It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the City of Berkeley, Missouri, except in accordance with the provisions of this Article, and this Chapter 400, Zoning Regulations.
[CC 1961 §23.23.03.01; Ord. No. 2974 §23.23.03.01, 6-20-1988; Ord. No. 3048 §1(23.23.03.01), 5-1-1989]
A.
The
following types of signs are prohibited in all districts:
1.
Abandoned signs.
3.
Signs imitating or resembling official traffic or government signs
or signals.
4.
Snipe signs or signs attached to trees, telephone poles, public benches,
street lights, or placed on any public property or public right-of-way.
5.
Signs placed on vehicles or trailers which are parked or located
for the primary purpose of displaying said sign. (This does not apply
to allowed portable signs or to signs or lettering on buses, taxis,
or vehicles operating during the normal course of business).
[CC 1961 §24.08; Ord. No. 1041]
A.
Any person having a merchant's license and operating as a merchant in the City may erect a sign or signs on the building or buildings occupied by his/her business or on the premises or lot adjacent thereto, advertising his/her business or products, and shall not be required to pay the license fee as required in Section 400.780 unless he/she erects a sign or combination of signs which shall exceed one hundred (100) square feet in area. If any sign or combination of signs erected by said merchant exceeds one hundred (100) square feet in area, he/she shall pay the full license fee as set forth in Section 400.780. No merchant shall be required to pay the aforementioned license fee for any sign attached to or painted on the front display window of the building or buildings in which the merchant conducts his/her business. Nothing in this Section shall relieve any merchant of the duty of making application for a permit to erect a sign of any size in the City and paying the application fee therefor.
B.
Any
merchant desiring to erect a sign other than on his/her immediate
premises shall be subject to all the rules and regulations of this
Chapter the same as if he/she were not a merchant in the City.
C.
The
requirements of this Chapter pertaining to sign permits shall not
relieve anyone of the obligation to apply for a building permit wherever
a building permit is otherwise required by this Code.
[CC 1961 §23.23.03.02; Ord. No. 2974 §23.23.03.02, 6-20-1988; Ord. No. 3048 §1(23.23.03.02), 5-1-1989]
[CC 1961 §23.23.03.03; Ord. No. 2974 §23.23.03.03, 6-20-1988; Ord. No. 3048 §1(23.23.03.03), 5-1-1989]
The following types of signs are exempted from permit requirements
but must be in conformance with all other requirements of this Article:
(See Accessory Uses in appropriate district of this Chapter.)
[CC 1961 §23.23.03.04; Ord. No. 2974 §23.23.03.04, 6-20-1988; Ord. No. 3048 §1(23.23.03.04), 5-1-1989]
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Administrator shall have the right under Section 400.840 to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated, as defined in Section 505.020 of the City's Building Code.
[CC 1961 §23.23.03.05; Ord. No. 2974 §23.23.03.05, 6-20-1988; Ord. No. 3048 §1(23.23.03.05), 5-1-1989]
A.
Upon
applying for and receiving a special land use permit, any sign may
be illuminated. However, no sign regulated by this Article may utilize:
[CC 1961 §23.23.03.06; Ord. No. 2974 §23.23.03.06, 6-20-1988; Ord. No. 3048 §1(23.23.03.06), 5-1-1989]
Upon application and receipt of a special land use permit, any
sign herein allowed may use manual or automatic changeable copy.
[CC 1961 §23.23.03.07; Ord. No. 2974 §23.23.03.07, 6-20-1988; Ord. No. 3048 §1(23.23.03.07), 5-1-1989]
No person may engage in the business of erecting, altering,
relocating, constructing, or maintaining signs without a valid contractor's
license and all required State and Federal licenses.
[CC 1961 §23.23.03.08; Ord. No. 2974 §23.23.03.08, 6-20-1988; Ord. No. 3048 §1(23.23.03.08), 5-1-1989]
A.
All
persons involved in the maintenance, installation, alteration, or
relocation of signs near or upon any public right-of-way or property
shall agree to hold harmless and indemnify the City, its officers,
agents, and employees, against any and all claims of negligence resulting
from such work insofar as this Article has not specifically directed
the placement of a sign.
B.
All
persons involved in the maintenance, installation, alteration, or
relocation of signs shall maintain all required insurance and shall
file with the State a satisfactory certificate of insurance to indemnify
the State, County, or City against any form of liability to a minimum
of one million dollars ($1,000,000.00).
[CC 1961 §§23.23.04 — 23.23.04.04; Ord. No. 2974 §23.23.04, 6-20-1988; Ord. No. 3048 §1(23.23.04), 5-1-1989]
B.
Signs Permitted In Residential Zones.
1.
Signs are allowed as follows in residential zones:
a.
"R-1" Single-Family Residence District, Section 400.090(C).
b.
"R-2" Single-Family Residence District, Section 400.100(C).
c.
"R-3" Single-Family Residence District, Section 400.110(C).
d.
"R-4" Multiple-Family Residence District, Section 400.120(C).
2.
Special regulations for residential zones are as follows: All allowed
freestanding signs shall have a maximum height limit of ten (10) feet
and shall have a setback of ten (10) feet from any public right-of-way.
C.
Signs Permitted In Light Commercial And Office Zones.
1.
Signs are allowed as follows in commercial and office zones:
a.
"C-1" Local Commercial District, Section 400.130(C).
b.
"C-2" General Commercial District, Section 400.140(C).
c.
"C-3" Planned Commercial District, Section 400.150(E).
2.
Special regulations and allowances for light commercial and office
zones are as follows: Freestanding and under-canopy signs shall have
a setback of ten (10) feet from any vehicular public right-of-way
and a minimum clearance of sixteen (16) feet over any vehicular use
area and twelve (12) feet over any pedestrian use area.
D.
Signs Permitted In Commercial And Industrial Zones.
1.
Signs are allowed as follows in commercial and industrial zones:
a.
"M-1" Industrial District, Section 400.160(C).
b.
"M-2" Planned Research and Industrial District, Section 400.170(E).
2.
Special regulations and allowances for commercial and industrial
zones are as follows: All freestanding, projecting, awning, marquee,
and under-canopy signs shall have minimum setback of ten (10) feet
from any vehicular public right-of-way, and a minimum clearance of
sixteen (16) feet over any vehicular use area and twelve (12) feet
over any pedestrian use area.
[CC 1961 §§23.23.05 — 23.23.05.03; Ord. No. 2974 §23.23.05, 6-20-1988; Ord. No. 3048 §1(23.23.05), 5-1-1989]
A.
Determination Of Legal Non-Conformity. Existing signs which
do not conform to the specific provisions of this Article may be eligible
for the designation "legal non-conforming" provided that:
C.
Maintenance And Repair Of Non-Conforming Signs. The legal
non-conforming sign is subject to all requirements of this Code regarding
safety, maintenance, and repair. However, if the sign suffers more
than fifty percent (50%) appraised damage or deterioration, it must
be brought into conformance with this Code or removed.
[CC 1961 §§23.23.06 — 23.23.06.04; Ord. No. 2974 §23.23.06, 6-20-1988; Ord. No. 3048 §1(23.23.06), 5-1-1989]
A.
Compliance With Building And Electrical Codes. All signs
shall be constructed in accordance with the requirements of the City
Building Code and the City Electrical Code.
B.
Anchoring.
1.
No sign shall be suspended by non-rigid attachments that will allow
the sign to swing in a wind.
2.
All freestanding signs shall have self-supporting structures erected
on or permanently attached to concrete foundations.
3.
All portable signs on display shall be braced or secured to prevent
motion.
D.
Additional Construction Specifications.
1.
No signs shall be erected, constructed or maintained so as to obstruct
any fire escape, required exit, window or door opening used as a means
of egress.
2.
No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation, except that signs
may be erected in front of and may cover transom windows when not
in violation of the provisions of the City Building or Fire Prevention
Code.
3.
Signs shall be located in such a way as to maintain horizontal and
vertical clearance of all overhead electrical conductors in accordance
with City Electrical Code specifications, depending on voltages concerned.
However, in no case shall a sign be installed closer than thirty-six
(36) inches horizontally or vertically from any conductor or public
utility guy wire.
[CC 1961 §§23.23.07 — 23.23.07.01; Ord. No. 2974 §23.23.07.01, 6-20-1988; Ord. No. 3048 §1(23.23.07), 5-1-1989]
A.
The Administrator shall be hired by the City Manager and is authorized to process applications for permits and enforce and carry out all provisions of this Code, both in letter and in spirit. The Administrator is authorized to promulgate regulations and procedures consistent with this function. Signs requiring special use permits or variances, shall be forwarded to the City Council for submittal to the City Plan Commission in accordance with Section 400.530.
B.
The
Administrator is empowered, upon presentation of proper credentials,
to enter or inspect any building, structure, or premises in the City
for the purpose of inspection of a sign and its structural and electrical
connections to ensure compliance with all applicable Codes and ordinances.
Such inspections shall be carried out during business hours unless
an emergency exists.
[CC 1961 §23.23.07.02; Ord. No. 2974 §23.23.07.02, 6-20-1988; Ord. No. 3048 §1 (23.23.07.02), 5-1-1989]
A.
Application
for a permit for the erection, alteration, or relocation of a sign
shall be made to the Administrator upon a form provided by the Administrator
and shall include the following information:
1.
Name and address of the owner of the sign.
2.
Street address or location of the property on which the sign is to
be located, along with the name and address of the property owner.
3.
The type of sign or sign structure as defined in this Article.
4.
A site plan showing the proposed location of the sign along with
the locations and square footage areas of all existing signs on the
same premises.
5.
Specifications and scale drawings showing the materials, design,
dimensions, structural supports, and electrical components of the
proposed sign.
6.
Specifications, scale drawings, and computations shall be signed
and sealed by a registered architect or engineer licensed to do business
in the State of Missouri.
B.
All
sign permit applications shall be reviewed by the Sign Review Committee
which shall be composed of the Administrator, City Manager, and at
least one (1) member of the City Council.
[CC 1961 §§23.23.07.03, 24.07; Ord. No. 2974 §23.23.07.03, 6-20-1988; Ord. No. 3048 §1(23.23.07.03), 5-1-1989; Ord. No. 3120 §1, 4-16-1990; Ord. No. 3189 §1, 12-18-1991; Ord. No. 3479 §1, 2-7-2000]
A.
Generally. All applications for permits filed with the Administrator
shall be accompanied by a payment of the initial permit fee for each
sign according to the following schedule.
B.
Sign Permit Fees.
1.
Any person desiring to post bills or to erect and maintain commercial signs or to paint any sign on the side of a commercial building shall first make written application to the Department of Public Works for a building permit for which the fee as set forth for buildings in Section 500.090 shall be paid. Such fee shall be paid on the erection of a new sign and the alteration of a previously approved sign. In addition to the permit fee, an inspection fee shall be paid as set forth in Section 500.090.
2.
In addition to the foregoing, any person, firm or corporation, except
charitable, benevolent, religious or fraternal, engaged in the business
of erecting and displaying billboards or signboards, and not otherwise
engaged in any business in the City wherein a merchant's license is
required, shall obtain a merchant's license and pay the minimum fee
of fifty dollars ($50.00).
[CC 1961 §23.23.07.04; Ord. No. 2974 §23.23.07.04, 6-20-1988; Ord. No. 3048 §1(23.23.07.04), 5-1-1989]
A.
The
Administrator shall issue a permit and permit sticker for the erection,
alteration, or relocation of a sign within ninety (90) days of receipt
of a valid application, except for signs requiring a special use permit
provided that the sign complies with all applicable laws and regulations
of the City. In all applications, where a matter of interpretation
arises, the more specific definition or higher standard shall prevail.
B.
When
a permit is denied by the Administrator, he/she shall give a written
notice to the applicant along with a brief statement of the reasons
for denial. The Administrator may suspend or revoke an issued permit
for any false statement or misrepresentation of fact in the application.
[CC 1961 §23.23.07.05; Ord. No. 2974 §23.23.07.05, 6-20-1988; Ord. No. 3048 §1(23.23.07.05), 5-1-1989]
A.
If
a permit is denied, the permit fee will be refunded to the applicant.
B.
If
no inspections have been made and no work authorized by the permit
has been performed, the permit fee, except for twenty-five dollars
($25.00), may be refunded to the applicant upon request, provided
that the permit and permit sticker are returned to the Administrator
within thirty (30) days of issuance.
C.
A permit
issued by the Administrator becomes null and void if work is not commenced
within one hundred eighty (180) days of issuance. If work authorized
by the permit is suspended or abandoned for thirty (30) days, the
permit must be renewed with an additional payment of one-half (½)
of the original fee.
D.
If
any sign is installed or placed on any property prior to receipt of
a permit, the specified permit fee shall be doubled. However, payment
of the doubled fee shall not relieve any person of any other requirements
or penalties prescribed in this Article.
[CC 1961 §23.23.07.06; Ord. No. 2974 §23.23.07.06, 6-20-1988; Ord. No. 3048 §1(23.23.07.06), 5-1-1989]
A.
Any
person installing, altering, or relocating a sign for which a permit
has been issued shall notify the Administrator upon completion of
the work. The Administrator may require a final inspection, including
an electrical inspection and inspection of footings on freestanding
signs.
B.
The
Administrator may require in writing upon issuance of a permit that
he/she be notified for inspection prior to the installation of certain
signs.
[CC 1961 §23.23.07.07; Ord. No. 2974 §23.23.07.07, 6-20-1988; Ord. No. 3048 §1(23.23.07.07), 5-1-1989]
A.
In obtaining a permit, the applicant may apply to the Administrator for a variance from certain requirements of this Code. A variance may be granted by the City Council where the literal application of the Code would create a particular hardship for the sign user and the following criteria are met: (See Special Land Use Permit procedure Section 400.530)
1.
A literal application of the Code would not allow the property to
be used at its highest and best use as zoned.
2.
The granting of the requested variance would not be materially detrimental
to the property owners in the vicinity.
3.
Hardship caused the sign user under a literal interpretation of the
Code is due to conditions unique to the property and does not apply
generally to the City.
4.
The granting of the variance would not be contrary to the general
objectives of this Code.
B.
In
granting a variance, the City Council and/or Board of Adjustment may
attach additional requirements necessary to carry out the spirit and
purpose of this Article in the public interest.
[CC 1961 §23.23.07.08; Ord. No. 2974 §23.23.07.08, 6-20-1988; Ord. No. 3048 §1(23.23.07.08), 5-1-1989]
A.
When,
in the opinion of the Administrator, a violation of the Code exists,
the Administrator shall issue a written order to the alleged violator.
The order shall specify those Sections of the Code of which the individual
may be in violation and shall state that the individual has fifteen
(15) days from the date of the order in which to correct the alleged
violation or to appeal to the City Council.
B.
If,
upon inspection, the Administrator finds that a sign is abandoned
or structurally, materially or electrically defective, or in any way
endangers the public, the Administrator shall issue a written order
to the owner of the sign and occupant of the premises stating the
nature of the violation and requiring them to repair or remove the
sign within fifteen (15) days of the date of the order.
[CC 1961 §23.23.07.09; Ord. No. 2974 §23.23.07.09, 6-20-1988; Ord. No. 3048 §1(23.23.07.09), 5-1-1989]
A.
The
Administrator may cause the removal of an illegal sign in cases of
emergency, or for failure to comply with the written orders of removal
or repair. After removal or demolition of the sign, a notice shall
be mailed to the sign owner stating the nature of the work and the
date on which it was performed and demanding payment of the costs
as certified by the Administrator together with an additional twenty
percent (20%) for inspection and incidental costs.
B.
If
the amount specified in the notice is not paid within thirty (30)
days of the notice, it shall become an assessment upon a lien against
the property of the sign owner, and will be certified as an assessment
against the property together with a twenty percent (20%) penalty
for collection in the same manner as the real estate taxes.
C.
The
owner of the property upon which the sign is located shall be presumed
to be the owner of all signs thereon unless facts to the contrary
are brought to the attention of the Administrator, as in the case
of a leased sign.
D.
For
purposes of removal, the definition of sign shall include all sign
embellishments and structures designed specifically to support the
sign.
[CC 1961 §23.23.07.10; Ord. No. 2974 §23.23.07.10, 6-20-1988; Ord. No. 3048 §1(23.23.07.10), 5-1-1989]
Any person who fails to comply with the provisions of this Article
may be subject to a fine of five hundred dollars ($500.00) for each
day or portion thereof that the violation continues, up to a maximum
of one million dollars ($1,000,000.00).
[CC 1961 §23.23.07.11; Ord. No. 2974 §23.23.07.11, 6-20-1988; Ord. No. 3048 §1(23.23.07.11), 5-1-1989]
A.
Any
failure to respond to an application within ninety (90) days of receipt
or any decision rendered by the Administrator in denying a permit
or variance or in alleging a violation of this Article may be appealed
to the City Council within one hundred twenty (120) days of the Administrator's
receipt of application.
B.
The
action being appealed shall be held in abeyance pending the decision
of the Council or Board.
[CC 1961 §§23.23.08 — 23.23.08.01; Ord. No. 2974 §23.23.08.01, 6-20-1988]
If any portion of this Code is found to be in conflict with
any other provision of any zoning, building, fire, safety, or health
ordinance of the City Code, the provision which establishes the higher
standard shall prevail.
