SEC. 187.3. PRE-EXISTING AWNINGS, GATES, AND SIGNS; AMNESTY.

(a) Intent. The purpose of this Section 187.3 is to recognize the impacts of the COVID-19 pandemic on small businesses, to acknowledge the contribution of those businesses’ Awnings, Gates, and Signs, as defined in Sections 102 and 602 of this Code, to the diverse character of the City’s commercial corridors, and to establish a program whereby certain existing Awnings, Gates, and Signs that have been erected, installed, or maintained without required permits may be allowed to remain.

(b) Controls. Notwithstanding any other provision of this Code, an Awning, Gate, or Business Sign physically existing on or serving a non-Residential business on August 20, 2023 may be considered an existing noncomplying structure and/or nonconforming use governed by this Article 1.7 so long as the Sign, Gate, or Awning is not affixed to a building designated as significant or contributory under Article 11 of this Code. In addition to the foregoing, Awnings, Gates, or Signs that have been required by the Department of Building Inspection on or after January 1, 2023 to be replaced or altered, may be replaced or altered consistent with such requirement and subsequently considered noncomplying structures and/or nonconforming uses subject to this Section 187.3 so long as such replacement or alteration does not increase the degree of nonconformity or noncompliance with other Sections of this Code. All Signs must comply with the illumination provisions of Article 6 of this Code.

(c) Procedures. The Planning Director or their designee shall determine the degree of nonconformity or noncompliance for each Awning, Gate, or Sign that is granted amnesty under this Section 187.3. Determinations of nonconformity and/or noncompliance shall be based on (i) historical photographs to be provided by the applicant and/or which are publicly available; (ii) current photographs provided by the applicant, including photographs showing the Awning’s points of attachment to the building; and (iii) drawings provided by the applicant which need not be prepared by a state licensed contractor or architect, or registered engineer so long as those drawings depict the width, depth, height, projection, elevation, and other key characteristics of the Signs, Gates, or Awnings in question. Such determination shall be memorialized either on a Building Permit, Sign Permit, or other form developed by the Planning Department or other City agency.

ed not be prepared by a state licensed contractor or architect, or registered engineer so long as those drawings depict the width, depth, height, projection, elevation, and other key characteristics of the Signs, Gates, or Awnings in question. Such determination shall be memorialized either on a Building Permit, Sign Permit, or other form developed by the Planning Department or other City agency.

(d) Fees. Notwithstanding any other provision of this Code or the Administrative Code, no fee shall be charged by the Planning Department for a determination under this Section 187.3 and/or for review of Building Permit Applications, Sign Permit Applications, or other approvals which relate exclusively to the implementation of this Section, including any enforcement fees under Section 350(g)(1) of this Code, as long as the application is submitted before July 1, 2025. (Added by Ord. 139-23, File No. 230447, App. 7/20/2023, Eff. 8/20/2023; Ord. 149-23, File No. 230745, App. 7/27/2023, Eff. 8/27/2023; amended by Ord. 177-24, File No. 240474, App. 7/17/2024, Eff. 8/17/2024, Retro. 6/1/2024; Ord. 115-25, File No. 250539, App. 7/17/2025, Eff. 8/17/2025)

AMENDMENT HISTORY

Divisions (b) and (d) amended; division (e) deleted; Ord. 177-24, Eff. 8/17/2024, Retro. 6/1/2024. Divisions (a)-(d) amended; Ord. 115-25, Eff. 8/17/2025.