Montague Municipal Code Ch. 14.08 Permits

PERMITS

Sections:

• 14.08.010 Sign permits—Necessity of. 14.08.020 Application submittals and application fee. 14.08.030 Review of sign request application and scheduling of hearing. 14.08.040 Criteria for sign approval. 14.08.050 Issuance of permit. 14.08.060 Revocation of permit. 14.08.070 Review by approving authority. 14.08.080 Appeals. 14.08.090 Approval, sign permit issuances and sign permit fee. 14.08.100 Necessity of additional permits. 14.08.110 Failure to obtain permit and penalty for violation. 14.08.120 Sign permit limitations. 14.08.130 Sign permit expiration for nonuse. 14.08.140 Sign permit records. 14.08.150 Special provisions.

No sign shall be authorized, constructed, placed, maintained, altered or moved except in conformity with this chapter and without first obtaining a sign permit where required, paying the fees prescribed therefor and otherwise complying with all other applicable provisions of federal, state and local law. (Ord. 89-3 (part), 1989)

• A. To obtain a sign permit, an application accompanied by an application fee, must first be submitted to the city, in the manner set out in subsection B of this section.

B. Sign Permit Application. To obtain a sign permit, a sign request application shall be first filed with the secretary of the planning commission on a form furnished for such purpose. Every application shall:

1. Identify the property and ownership where proposed;

2. State the address and telephone number of the owner and/or the owner's agent;

3. Identify the applicant and state the address and telephone number of the applicant;

4. Be accompanied by plans and specifications drawn to scale in a professional manner showing the site plan, elevations, sign copy, materials, colors and lighting of the sign(s) and building;

5. State the value of the proposed sign as installed;

6. Be signed by the applicant and property owner;

7. Give such other information as may be required by the planning commission;

8. Be furnished in seven copies;

9. Be accompanied by a nonrefundable application fee to defray processing costs.

The amount of such application fee shall be set by resolution of the city council. (Ord. 89-3 (part), 1989)

A. The sign request application, plans and specifications filed by the applicant shall be reviewed by the planning commission secretary to assure compliance with this chapter and other applicable provisions of this code and state law. When the planning commission secretary determines that the application, plans and specifications are complete and acceptable, the planning commission secretary shall schedule the sign permit request for planning commission consideration.

• B. Sign permit requests not requiring a use permit shall require approval of the planning commission.

C. Use permit sign requests shall require planning commission approval. No public hearing shall be required in connection with such requests unless the planning commission determines that the same would be in the best interest of the city. If a public hearing is scheduled by the planning commission in connection with such a request, notice shall be given in accordance with the provisions of the government code and to all persons owning property within three hundred feet of the boundaries of the property to which the application and request relate. (Ord. 91-6, 1991; Ord. 89-3 (part), 1989)

A request for a sign permit otherwise in conformity with the provisions of this chapter shall be approved by the approving authority if the sign request complies with the following criteria:

• A. Signs shall serve primarily to identify the business, the establishment or the type of activity conducted on the same premises, or the product, service or interest being exhibited or offered for sale, rent or lease thereon;

• B. As identification devices, signs shall not excessively compete for the citizens' attention;

C. Signs shall be harmonious with the materials, color, texture, size, shape, height, location and design of the building, property or neighborhood of which it is a part;

D. Sign designs shall be consistent with general graphic standards. “Graphics” means all lettering, logos, pictures, symbols, pattern and description, including color;

E. Sign illumination, where allowed by provisions of this chapter, shall be at the lowest level consistent with adequate identification and readability. (Ord. 89-3 (part), 1989)

It shall be the duty of the planning commission upon the filing of an application for a sign permit, to investigate same, and if it appears that the proposed sign is in compliance with all the requirements of this title, and of the zoning regulations of the city, and not in violation of any of the other provisions of this code, they shall then issue the sign permit, as well as any use permit which may be required in accordance with the provisions of Chapter 17.16 of this code. (Ord. 89-10 (part), 1989; Ord. 89-3 (part), 1989)

The planning commission is authorized and empowered to revoke any permit issued by them upon failure of the holder to comply with any of the provisions of this title. (Ord. 89-3 (part), 1989)

A. Scope of Authority. The appropriate approving authority shall review all sign permit applications to ensure compliance with this chapter and all other applicable regulations, and shall either approve, approve with modifications, or deny the request.

• B. Denial of Application.

1. If it is determined from the inspection of the premises that signs or other advertising structures exist on the premises which would increase the gross size or dimensional area of all signs or advertising structures beyond the allowable limits of this chapter, or that such a sign does not comply with Section 14.08.040, no permit shall be issued for any new sign or advertising structure.

2. In the event an application is denied, written notice of the denial of the request shall be mailed to the applicant within five calendar days after the decision is rendered. (Ord. 89-3 (part), 1989)

A. Who May Appeal. Appeals provided for in this chapter may be taken by the applicant or any person or political entity aggrieved, or by any officer, department, board or commission of the city affected by the decision.

B. Appeal Procedure. Decisions of the planning commission may be appealed to the city council. Any appeal must be filed with the city clerk in writing within fifteen days of the decision and shall be accompanied by an appeal filing fee as set by resolution of the city council. The appeal shall be placed on the agenda for hearing on the earliest convenient hearing date, but no later than thirty days from the receipt of the appeal and filing fee. The appellant shall be notified in writing of the hearing date. At least ten days prior to the date set for hearing, notice thereof shall be published in a newspaper published and circulated in the city of Yreka. In any appeal, the burden of proof is upon the appellant. (Ord. 89-3 (part), 1989)

• A. Approval shall be required for all signs, except those signs declared exempt under Chapter 14.16.

B. After approval of the request for a sign permit but before issuance of the sign permit, the planning commission secretary shall collect a sign permit fee. However, no sign permit shall be required for any sign declared exempt under Chapter 14.16 of this title. The amount of the sign permit fee shall be as set by resolution of the city council.

C. Payment of a sign permit fee shall be in addition to the application fee. Upon payment of the sign permit fee, the planning commission secretary shall issue the sign permit. (Ord. 89-3 (part), 1989)

In addition to the sign permit, a sign may also require a building permit and/ or electrical permit issued by the county building department. It shall be the responsibility of the applicant to obtain such additional permits, if required from the county building department. (Ord. 89-3 (part), 1989)

Each day of violation of any provision of this chapter shall be considered as a separate offense. Any such violation shall be an infraction punishable upon a first conviction by a fine not to exceed fifty dollars and, for second conviction within a period of one year, by a fine not to exceed one hundred dollars and, for a third or subsequent conviction within a period of one year, by a fine not to exceed two hundred fifty dollars. Nothing herein shall be construed to prevent the city from seeking injunctive or other relief which may be necessary to enforce the provision of this code. (Ord. 89-3 (part), 1989)

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter. No permit violating the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful. (Ord. 89-3 (part), 1989)

Every permit issued pursuant to the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced within one year from the date of such permit, or if the work authorized is suspended or abandoned at any time after the work is commenced, for a period of one hundred eighty days. (Ord. 89-3 (part), 1989)

The planning commission secretary shall keep a copy and permanent record of every sign permit issued. (Ord. 89-3 (part), 1989)

A. Signs Urgently Needed. Any sign deemed by the city clerk to be urgently needed due to undue economic hardship upon the applicant may be allowed temporarily by the city clerk, upon submittal of an application for a sign permit for the sign, until such time as the appropriate approving authority approves or denies application. In the event such application is ultimately denied, any such sign erected pursuant to this subsection shall be removed within fifteen days from the date of such denial.

B. Additional Signing Allowing Use Permit. The planning commission may, pursuant to this section, by way of a use permit sign request, allow additional sign types, number of signs, size of signs, and number of locations. To obtain a sign permit under a use permit sign request, the application procedure shall be the same as required by Section 14.08.020 of this chapter, except that the applicant must submit a statement supporting the request for the additional signing. Criteria for additional signing may include large parcel size, unusual configuration or location, size of buildings, location of the building on the parcel, or unique qualities of the use of the parcel, any of which must relate to the finding which shall be required of the planning commission that the additional .signing will not be contrary to the intent of this chapter or the public interest, safety, health and welfare. The amount of the application fee for a use permit sign request shall be as set by resolution of the city council.

C. Commercial Center Identification.

1. Each commercial center having three or more independent businesses shall be allowed one freestanding identification sign if the center is smaller than ten acres, or two such signs if between ten and twenty acres.

Centers larger than twenty acres shall be allowed the number of signs deemed adequate by the planning commission by approval of a sign request use permit as heretofore provided in subsection B of this section.

2. The allowable sign area for each sign shall not exceed one hundred square feet in area. Each such sign shall not exceed the height limitation for the zone in which it is located.

3. Such signs shall be restricted to identification of the name and address of the center and may be externally or internally illuminated.

4. The wall sign of each business located within a commercial center shall not exceed twenty percent of the square footage of any building face enclosing such business.

• D. Transfer of Sign Area. In any event where an applicant foregoes the right to a sign pursuant to Section 14.44.010, fifty percent of the allowable freestanding sign area may be added to otherwise allowed signs for the parcel or property or business complex. (Ord. 89-3 (part), 1989)