City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[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:
ABANDONED SIGN
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.
ADMINISTRATOR
The Director of Public Works or his/her designated representative.
ANIMATED SIGN
Any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare "Flashing Sign").
AREA
(see "Sign, Area Of")
AWNING
A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework (compare "Marquee").
AWNING SIGN
A sign painted on, printed on, or attached flat against the surface of an awning.
BANNER SIGN
A sign made of fabric or any non-rigid material with no enclosure framework.
BILLBOARD
(see "Off-Premise Sign")
BUILDING
As defined in Section 400.020.
CHANGEABLE COPY SIGN (AUTOMATIC)
A sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time and temperature units.
CHANGEABLE COPY SIGN (MANUAL)
A sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.
CITY
Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of Berkeley, Missouri.
CLEARANCE (OF A SIGN)
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.
CONSTRUCTION SIGN
A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
COPY
The wording on a sign surface in either permanent or removable letter form.
DIRECTIONAL/INFORMATION SIGN
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.
DOUBLE-FACED SIGN
A sign with two (2) faces.
ELECTRICAL SIGN
A sign or sign structure in which electrical wiring, connections, or fixtures are used.
ELECTRONIC MESSAGE CENTER
(see "Changeable Copy Sign, Automatic")
FACADE
The entire building front including the parapet.
FACE OF SIGN
The area of a sign on which the copy is placed.
FESTOONS
A string of ribbons, tinsel, small flags or pinwheels.
FLASHING SIGN
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").
FREESTANDING SIGN
A sign supported upon the ground by poles or braces and not attached to any building.
FRONTAGE
The length of the property line of any one (1) premises along a public right-of-way on which it borders.
FRONTAGE, BUILDING
The length of an outside building wall on a public right-of-way.
GOVERNMENT SIGN
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.
HEIGHT (OF A SIGN)
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").
IDENTIFICATION SIGN
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.
ILLEGAL SIGN
A sign which does not meet the requirements of this Code and which has not received legal non-conforming status.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
INCIDENTAL 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.
LOT
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.
MAINTENANCE
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.
MANSARD
A sloped roof or roof-like facade architecturally comparable to a building wall.
MARQUEE
A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building (compare "Awning").
MARQUEE SIGN
Any sign attached to or supported by a marquee structure.
NAMEPLATE
A non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
NON-CONFORMING SIGN
1. 
A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
2. 
A sign which does not conform to the Sign Code requirements but for which a special permit has been issued.
OCCUPANCY
The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
OFF-PREMISES SIGN
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".
ON-PREMISES SIGN
A sign which pertains to the use of the premises on which it is located.
OWNER
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.
PAINTED WALL SIGN
Any sign which is applied with paint or similar substance on the face of a wall.
PARAPET
The extension of a false front or wall above a roofline.
PERSON
For the purposes of this Article, any individual, corporation, association, firm, partnership, or similarly defined interest.
POINT OF PURCHASE DISPLAY
Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
POLE COVER
Covers enclosing or decorating poles or other structural supports of a sign.
POLITICAL 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.
PORTABLE SIGN
Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
PREMISES
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.
PROJECTING SIGN
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.
REAL ESTATE SIGN
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
ROOFLINE
The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
ROOF SIGN
Any sign erected over or on the roof of a building (compare "Mansard", "Wall Signs").
ROTATING SIGN
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.
SIGN
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.
SIGN, AREA OF
1. 
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:
a. 
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.
b. 
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.
c. 
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.
SNIPE SIGN
A temporary sign or poster affixed to a tree, fence, etc.
SUBDIVISION IDENTIFICATION SIGN
A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
TEMPORARY SIGN
A sign not constructed or intended for long-term use.
UNDER-CANOPY SIGN
A sign suspended beneath a canopy, ceiling, roof, or marquee.
USE
The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
WALL SIGN
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.
WINDOW SIGN
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.
2. 
Banners, pennants, festoons, searchlights (except as allowed in Section 400.860).
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]
Unless otherwise provided by this Article, all signs shall require permits and payment of fees as described in Sections 400.770400.800 of this Article. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.
[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:
1. 
An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion.
2. 
Any exposed incandescent lamp in excess of twenty (20) watts unless a screen is attached or unless the sign is placed over forty (40) feet above the ground.
3. 
Any revolving beacon light.
[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]
A. 
Signs Permitted In All Zones. The following signs are allowed in all zones:
1. 
All signs not requiring permits. (See Accessory Uses in appropriate District, set out in Article II of this Chapter.)
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).
d. 
For additional information see Section 400.655.
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:
1. 
The Administrator determines that such signs are properly maintained and do not in any way endanger the public.
2. 
The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of this Article.
B. 
Loss Of Legal Non-Conforming Status. A legal non-conforming sign may lose this designation if:
1. 
The sign is relocated or replaced.
2. 
The structure or size of the sign is altered in any way except towards compliance with this Article. This does not refer to change of copy or normal maintenance.
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.
C. 
Wind Loads.
1. 
Solid signs, other than wall signs, shall be designed to withstand wind loads as stated in the City Building Code.
2. 
Skeleton signs, other than wall signs, shall be designed to withstand wind loads as stated in the City Building Code.
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.
C. 
In cases of emergency, the Administrator may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as defined in Section 505.020 of the City Building Code or Section 315.100 of the City Traffic Code.
[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.