Yreka Municipal Code Ch. 13.08 Permits

No sign shall be authorized, constructed, placed, maintained, altered or moved except in conformity with this title 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. 775 (part), 2004; Ord. 576 (part), 1982: Ord. 427 § 1-21, 1969).

No civic event sign, as described in this title, shall be authorized, constructed, placed, maintained, altered or moved except in conformity with this title and without the event sponsor first notifying the planning director in writing acknowledging the event sponsor shall reimburse the city for any costs incurred for sign removal, which shall include forfeiture of the sign, in the event the civic event sign is not promptly removed following the event as provided in this title. This notification shall occur not later than three days prior to the proposed installation of the sign. Costs of sign removal pursuant to this section shall be fixed at the actual time incurred by the city for removal of the signs at the fully burdened hourly rate of the number of city employees necessary to effect sign removal as determined by the planning director. The city attorney shall be authorized to file and maintain an action in a court of appropriate jurisdiction to collect any such costs arising under this section.

(Ord. No. 810, § 1(A), 2-19-2009)

Signs within any Historic District established pursuant to Title 17 of this Code shall be subject to the provisions of Title 17 and any regulations adopted pursuant thereto in addition to the provisions of this Title.

(Ord. 775 (part), 2004).

(a) To obtain a sign permit, an application, accompanied by an application fee, must first be submitted to the city, in the following manner:

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 entire site plan, elevations, sign copy, materials, colors and lighting of the sign(s) and building(s);

5. Be signed by the applicant and the property owner;

6. Give such other information as may be required by the planning director or chief building official;

7. Show the location and total square footage and size of any existing signs;

8. Be accompanied by a non-refundable application fee to defray processing costs. The amount of such application fee shall be set by resolution of the city council.

(Ord. 775 (part), 2004: Ord. 576 (part), 1982: Ord. 481, 1972: Ord. 427 § 1-22, 1969).

(a) A sign permit request not requiring a use permit and in full compliance with the provisions of this code is an administrative permit and may be granted by the planning director. In the event the planning director denies such application, the applicant may file an appeal with the planning commission as hereinafter set forth in Section 13.08.080.

(b) Use permit requests are discretionary applications and shall require planning commission approval pursuant to the requirements of Chapter 16.44 of the Zoning Ordinance.

(Ord. 775 (part), 2004: Ord. 663, 1992: Ord. 576 (part), 1982: Ord. 427 § 1-23, 1969).

(a) In addition to other provisions of this title, the planning commission shall consider the following when reviewing use permit requests.

1. Signs shall serve 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.

2. 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.

3. Sign designs shall be consistent with general graphic standards. "Graphics" shall mean all lettering, logos, pictures, symbols, pattern and description, including color.

4. Sign illumination, where allowed by provisions of this title shall be at the lowest level consistent with adequate identification and readability.

5. In exercise of the use permit process regarding signs, the planning commission shall impose such conditions upon such use permits as in its judgment may be necessary to assure that the spirit and purpose of this title will be observed, public health, safety and welfare secured, and substantial justice provided.

(Ord. 775 (part), 2004: Ord. 576 (part), 1982: Ord. 427 § 1-24, 1969).

(a) It shall be the duty of the planning director upon the filing of an application for an administrative 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, the sign permit shall be issued.

(b) 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 sign does not comply with Section 13.08.040, no permit shall be issued.

(c) In the event an application is denied, written notice of the denial of the request shall be mailed to the applicant within five working days after the decision is rendered.

(Ord. 775 (part), 2004: Ord. 427 § 1-25, 1969).

The planning director, on administrative permits, and the planning commission, on use permits, are 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. Reasonable notice and hearing shall be given prior to any such revocation.

(Ord. 775 (part), 2004: Ord. 427 § 1-26,1969).

(a) Appeal of administrative action.

1. An applicant objecting to any administrative denial, suspension or revocation of a permit applied for or held by him pursuant to the provision of this title or to any action taken by any official of the city concerning such permit, or order to remove or alter a sign, may within ten days from such administrative decision appeal in writing to the planning commission, by filing with the planning director a written notice of such appeal, setting forth specific grounds thereof.

2. The planning director shall forthwith set such matter for hearing before the planning commission and cause notice thereof to be given to the applicant not less than ten days prior to such hearing.

3. At the hearing the appellant shall show cause why the action should be approved.

4. The commission may continue the hearing from time to time, but shall decide the appeal not later than sixty days from the date the planning director received the appeal.

5. If a decision is not reached within sixty days, the appeal shall be deemed to have been denied.

(b) Appeal of Planning Commission action.

1. Decisions of the planning commission may be appealed by any aggrieved person to the city council. Any appeal must be filed with the city clerk in writing within ten days of the decision and shall be accompanied by an appeal filing fee as set by resolution of the city council.

2. The appeal shall be placed on the agenda for hearing on the earliest convenient hearing date, but no later than thirty days from receipt of the appeal and filing fee.

3. 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.

4. In any appeal, the burden of proof is upon the appellant.

5. The city council may continue the hearing from time to time, but shall decide such appeal not less than ninety days from the date the city clerk received the written request for appeal. If a decision is not reached by the council in ninety days from the appeal it shall be deemed to have been denied.

(Ord. 775 (part), 2004: Ord. 576 (part), 1982).

Prior to processing a sign permit application, the planning department shall collect a sign permit fee. However, no sign permit fee shall be required for any sign declared exempt under Chapter 13.16 of this title. The amount of the sign permit fee shall be as set by resolution of the city council.

(Ord. 775 (part), 2004: Ord. 576 (part), 1982)

(Ord. No. 810, § 1(B), 2-19-2009)

In addition to the sign permit, a sign may also require a building permit and/or electrical permit issued by the chief building official. It shall be the responsibility of the applicant to obtain such additional permits, if required, from the chief building official.

(Ord. 775 (part), 2004: Ord. 576 (part), 1982).

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 of not exceeding fifty dollars and, for a second conviction within a period of one year, by a fine of not exceeding one hundred dollars and for a third of subsequent conviction within a period of one year, by a fine of not exceeding two hundred fifty dollars. Nothing herein shall be construed to prevent the City of Yreka from seeking injunctive of other relief which may be necessary to enforce the provisions of this code.

(Ord. 775 (part), 2004; Ord. 576 (part), 1982).

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. 775 (part), 2004; Ord. 576 (part), 1982).

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. 775 (part), 2004; Ord. 576 (part), 1982).

The planning department shall keep a copy and permanent record of every sign permit issued.

(Ord. 775 (part), 2004; Ord. 576 (part), 1982).