§ 8.06.06. Permit procedures and penalties.

(a)

Application requirements for permanent signs. Any permanent sign must be reviewed by the town planner and approved by the town manager. It shall be unlawful to erect a sign as defined in this article without first obtaining an approved sign permit. A sign permit shall not be required to repaint a sign exactly as it was previously. An application shall be submitted to the town manager or designee, with the applicable fee as established by resolution of the town council and is on file in the town clerk's office, and the following information:

(1)

One drawing showing details of construction and foundation.

(2)

Scaled drawing with size, shape, design, colors, materials and lighting.

(3)

Plot plan of site and sign location, if a ground sign.

(4)

Elevation of sign on building, if wall or window sign.

(5)

A summary of both allowable and used total square footage.

(b)

Permit expiration. Sign permits are valid only for 60 days after issuance. Failure of permittee to erect his sign within this period shall require the permittee to file a new sign permit application.

(c)

Sign removal. Two days after a sign no longer advertises a bona fide business conducted, product sold, or activity or campaign is completed, said sign shall be removed by the owner, agent, or person having the beneficial use of the building, structure or lot upon which the sign is found. Upon failure to comply, the town manager or designee is hereby authorized, after due notice, to cause removal of the sign and any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached.

(d)

Temporary banners over streets.

(1)

Schools, churches, civic associations, fraternal organizations, charitable and other nonprofit organizations, including professional business and community associations may be allowed, by obtaining proper prior approval from the town manager or designee, to temporarily erect a banner over a town street.

(2)

Requests for the erection of overhead street banners shall be made at least three weeks prior to the requested date of installation in order that affected departments of the town may be notified.

(3)

All overhead street banners shall be erected by a firm or organization which is covered by a public liability, personal injury and property damage insurance policy, a copy of which is to be provided to the town manager or designee.

(4)

Banners shall have a minimum clearance of seven feet, six inches over pedestrian ways and 14 feet over vehicular ways.

(5)

Banners may be erected two weeks prior to the opening of the event advertised and shall be removed within 48 hours after its termination.

(e)

Violations.

(1)

Any sign installed or placed on public property, except in conformance with the requirements of this article, shall be deemed illegal and shall be removed by the town manager or his designee. The town shall have the right to recover from the owner or person placing such sign the cost of removal and disposal of such sign.

(2)

Signs installed or placed on private property in violation of the provisions of this article shall be subject to code enforcement action. The town code inspector shall notify the property owner and provide the property owner with seven days to correct the violation. The town code inspector shall also provide a courtesy notice of such violation to the business owner. If the violation is not corrected within seven days, the code inspector shall initiate the code enforcement procedure set forth in section 11.06.00 of the town's code of ordinances.

(3)

The town may obtain an injunction or other legal or equitable relief in the circuit court against any person violating this article.

(4)

Violators may be fined up to $300.00 a day for each violation or such other amount set from time-to-time by resolution of the town council.

(f)

Non-conforming signs. Signs which have been legally erected prior to the effective date of this section shall be allowed to remain in existence as set forth in subsections (1)—(3) below. Thereafter, unless such signs conform to the provisions of article VIII, the property owners shall be subject to the penalties set forth in subsection 8.06.06(e).

(1)

Sidewalk signs must be brought into conformance with the requirements of article VIII on or before the effective date of this section.

(2)

All other signs may continue to be maintained, but only until June 1, 2015.

(3)

A non-conforming sign shall not be changed, expanded or altered in any manner to increase the degree of its nonconformity, or be structurally altered to prolong its useful life. Nonconforming signs are required to be maintained in good condition. Normal repair and maintenance of a sign shall not be considered a structural alteration.

(Ord. No. 2011-06, § 2(8.06.06), 11-8-2011; Ord. No. 2014-01, §§ 1(4)—1(6), 6-10-2014; Ord. No. 2014-07, § 1, 9-9-2014)