Article VI — ADMINISTRATION AND ENFORCEMENT

The planning division of the development services department is authorized to process applications for sign permits and enforce and carry out all provisions of this chapter through a memorandum of understanding (MOU) between the TRPA and the city. The division is authorized to promulgate regulations, interpretations and procedures consistent with this function.

The division is authorized to inspect signs for code violations in accordance with applicable provisions of state and federal law.

(Ord. 1145 § 1)

Application for a sign permit for the erection, relocation, or change of copy shall be approved by the planning division upon a form provided by the division. Incomplete applications shall result in the immediate return of the application to the applicant without a decision. (Ord. 1145 § 1)

All applications for a sign permit shall be accompanied by the payment of a fee based upon the city council adopted fee schedule. Failure to provide the fee at the time of application submittal shall result in the immediate return of the application to the applicant without a decision. (Ord. 1145 § 1)

The division staff shall issue a sign permit for the erection, relocation, or change of copy, provided it is in receipt of a valid application (including fee), and provided the sign conforms to all applicable laws and regulations of this chapter. (Ord. 1145 § 1)

The division may revoke a sign permit for any false statement or misrepresentation of fact in the application. Any sign which has been erected, relocated, change of copy or color, or based upon a false statement or misrepresentation shall be considered an illegal sign and subject to the terms and conditions of this chapter.

(Ord. 1145 § 1)

Any person erecting, relocating, or changing copy or color for which a sign permit has been issued shall notify the division when the work has been completed. The division shall inspect the sign for conformance with the permit. This inspection shall not relieve the applicant from obtaining any other inspection from other divisions or agencies. (Ord. 1145 § 1)

• A. Exceptions to those design standards contained in Articles VIII and IX of this chapter may be allowed, provided the following findings can be made:

  1. The situation exists whereby strict application of the standard is unfair and infeasible to the applicant; and

  2. The exception is in harmony with the purpose and intent of this chapter; and

  3. The approval of the exception will not have a significant effect upon other property owners or occupants of property in the vicinity.

• B. In granting each exception, the planning division staff may attach additional conditions necessary to carry out the spirit and purpose of this chapter in the public interest, including, but not limited to:

  1. Removal of other nonconforming signs.

  2. Copyrighted colors on logos. Those logos which do not conform to the standard with regard to color contrast would be allowed if the logo is placed on a dark background which would not be less than 40 percent of the sign area.

  3. Reduction in sign area. This may involve the reduction in sign area for freestanding or building signs. The proposals which reduce the sign area for those signs that are visible from the scenic corridor shall provide more mitigation than those which are not.

• C. A scenic analysis shall be required for any exception on a scenic threshold travel unit or recreation area. Those exemptions not on a scenic threshold travel unit or recreational area may require a scenic analysis.

• D. Designated locally unique signs pursuant to SLTCC § 6.40.240 may be granted exceptions in order to preserve their locally unique attributes.

• (Ord. 1145 § 1)

• i. A business or property owner may apply to have a sign designated as a "locally unique" sign. The application shall be made to the city planning division on a designated form and include a fee set by the planning division fee schedule.

• ii. The application will be considered by the city planning commission. Approval will be based on the following criteria:

  • a. The sign is in good condition and is in compliance with all building and safety code requirements;

  • b. The sign has historically been well maintained;

  • c. The sign advertises a business that is currently in operation and/or products or services currently provided by that business;

  • d. The sign does not degrade the scenic quality of the area;

  • e. The sign does not impede existing, or planned for, vehicle, transit, bicycle, or pedestrian circulation;

  • f. The sign demonstrates a creative and unique design or construction technique;

  • g. The sign is a widely recognizable icon or landmark within the city.

• iii. The decision of the planning commission regarding the locally unique sign application shall be final and binding and applicant may not appeal this decision to any other decision-making body.

• (Ord. 1145 § 1)

If any sign is or has been installed or placed on any property prior to the receipt of a required city sign permit, it is in violation of this chapter. Signs in violation of this chapter shall be removed within 10 days of notification of the violation to the property owner. If not removed according to the notice, the property owner shall be subject to penalty in an amount established by resolution of the city council. The payment of the penalty shall not relieve any person of any other requirements or penalties established by this chapter or elsewhere in the city code. Violations of this chapter may be enforced by issuance of administrative citations in accordance with Chapter 2.30 SLTCC, or by any other means legally available to the city.

(Ord. 1145 § 1)

Decisions of city staff on the approval or denial of a permit under this chapter may be appealed pursuant to Chapter 2.35 SLTCC. Appeals of administrative citations shall be in accordance with Chapter 2.30 SLTCC.

(Ord. 1145 § 1)