§ 134-373. Application; issuance or denial.  


Latest version.
  • (a)

    Who may apply. Permits shall be issued only to:

    (1)

    The owner of the real property where the sign is to be located;

    (2)

    A lessee who has the right to install or maintain a sign on the real property where the sign is to be located; or

    (3)

    The erector of the sign.

    An applicant who is a lessee shall produce a copy of the lease or a written statement from the owner of the real property that the applicant has the right to maintain a sign on the property. A sign erector shall produce a copy of a current business license. Application may be made by the owner, lessee or agent of the owner or lessee.

    (b)

    Permit holder generally. All notices and communications regarding notification of sign permit renewals or violations shall be sufficiently given for all purposes of this article if mailed, certified, return receipt requested, or by electronic communication (email) to the permit holder at the address given in the application or any subsequent notification of change of address. A change in return address on an envelope or on a letterhead shall not be deemed as notification of change of address unless correspondence clearly calls this change to the addressee's attention. Notice shall be effective at the time of receipt or ten days from the date of mailing, or emailing if no receipt indicating acceptance is returned. All other general notices and communication may be made by depositing the same in the United States mail with sufficient postage affixed thereto, or by electronic communication (email).

    (c)

    Application. Application for a sign permit shall be filed with the county on forms furnished by the county. The application for a permit shall contain the identification and address of the property on which the sign is to be erected; the names, addresses and telephone numbers of the sign owner, sign erector, property owner, lessee, if applicable, and the agent making the application, if applicable; the type of sign as classified by this article; and such other pertinent information as the county may require to ensure compliance with the provisions of this article and other applicable ordinances of the county. The county may require that the application be accompanied by two copies of the following: site plans showing location of structures upon the property on which the sign is to be located and the location of the sign in relation to the structures, property lines, all easements of record, public rights-of-way and other signs; plans, specifications and structural details showing the type and manner of construction, attachment to buildings or in ground erection; and a visual representation of the completed sign. The county may require such plans to be to scale and bear the signature and seal of a registered land surveyor, professional engineer, architect or land planner. Each application shall include a signed statement from the landowner or possessor of the property giving consent to entry into the property for the purpose of inspection and enforcement of this article. If classification of the road on which the property fronts is of importance to the permit process, the county may require the applicant to submit certified documents from the state department of transportation or the United States Department of Transportation or their successors regarding the classification of the road.

    (d)

    Processing of application. Upon receipt of a properly completed application for a sign as permitted under the provisions of this article, the county, through its enforcement personnel, shall examine and process the application. An action by the county to approve or deny a sign permit shall be taken within 30 days of receipt of a complete sign permit application. Any sign permit application for which no action has been taken after 30 days or more shall be deemed to be approved. A permit may be denied if the applicant landowner or lessee is presently maintaining any sign in violation of this article.

    (e)

    Procedure upon denial. Upon denial of the application of a permit, the applicant shall be given written notice (which may include electronic communication such as email) stating the reason for the denial within 30 days of the decision to deny the permit. Upon denial of the application for a permit, the applicant may appeal to the board of zoning appeals as provided by section 134-95 within 30 days of the receipt of notice of the final decision of the administrative officer. The hearing before the board of zoning appeals shall be governed by the board of zoning appeals' hearing procedures.

    (f)

    Expiration. Any permit which is required to be renewed or transferred and is not renewed or transferred within 12 months will be deemed expired and cannot be renewed or reinstated. If the permit expires the sign may be removed as specified under subsection 134-342(c).

(Ord. of 1-9-90, § 8; Ord. of 2-25-92, § 8(E); Ord. of 2-14-95, § 11.A—E, G; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 4-25-02; Ord. of 9-10-02; Amd. of 2-22-11; Amd. of 7-22-14)