18.80.080 Administration.
(A) General. The following requirements and provisions shall be applicable to all sign installations as regulated by this title, both on-site and off-site, whether permanent or temporary.
(B) Responsibilities. The administration and enforcement of these regulations shall be the responsibility of the City of San Luis Zoning Administrator and the Building Official, in accordance with the customary duties and responsibilities of each official, respectively, and as further provided by SLCC 18.05.100.
(C) Issuance of Building Permits.
(1) Permits Required. A permit issued by the City of San Luis Building Safety Division shall be required for the installation, construction, reconstruction, alteration, or replacement of all signs and sign structures as specified in the following; failure to obtain such permit shall be considered a violation of this title. Approval of such permit by the City shall not eliminate any requirement to secure a permit from the State of Arizona pursuant to state law where applicable.
(a) Application. All permit applications shall be in the form prescribed by the Building Safety Division, and shall further include the information required by this section.
(b) Permanent Signage. A permit shall be required for all permanent sign installations as regulated by this title, including the painting or other attachment of any signage on the exterior of any building, wall, roof, fence, or other outdoor surface as a new sign installation. In applying for such permit, the sign owner shall indicate in writing whether the sign is to be an on-site or an off-site sign installation.
(c) Temporary Signage. A permit shall be required for any temporary sign installation exceeding 32 square feet in sign face area, or exceeding six feet in height; provided, however, that the installer of any temporary sign exceeding ten square feet in sign face area shall register its location, as permitted by this chapter, with the City of San Luis Department of Planning and Zoning. In applying for such a permit for temporary signage as required herein, the applicant shall indicate in writing the date by which such signage shall be removed.
(d) Electrical Permits. If the sign or sign structure is to be illuminated by electrical means, a separate electrical permit shall be required in accordance with the standards and requirements of the electrical code as adopted by the City of San Luis.
(2) Requirements for Permit Applications. Each application for a sign permit shall be accompanied by a plan or plans drawn to scale which indicate the following:
(a) Complete dimensions to illustrate the sign face area, the height of the sign structure if freestanding, or the dimensions of the wall, roof, or canopy upon which mounted or painted;
(b) The total amount of sign face area already existing on the property, whether permanent or temporary, on-site and off-site, and their locations;
(c) The location of the sign installation on the property, as well as the location of all property lines, curb lines, curb cuts, and sidewalks pertinent to the sign location;
(d) The method of attachment, illumination, and structural support; any calculations as may be required by the Building Official shall also be included; and
(e) The exact location of the property upon which the signage is to be installed, either by address or legal description.
(D) Fees.
(1) Permit Fee. Prior to the issuance of any permit for a sign installation, the Building Safety Division shall collect a permit fee in the amount specified by Table No. 3A of the Uniform Building Code, current edition, and any successors or amendments, as adopted by the City.
(a) Such fee shall be based on the total valuation of the sign and sign structure, whether or not made locally, as calculated according to the Building Valuation Data maintained by the Building Safety Division. The building valuation data includes the unit cost per square foot of sign face area for illuminated and nonilluminated signage.
(b) For any addition to an existing sign or sign structure, the valuation shall be based upon the square footage of the sign face area to be added.
(2) Plan Check Fee. In addition to the permit fee, a plan check fee shall be collected by the Building Safety Division in the amount of 65% of the permit fee. The plan check fee shall be required at the time that a permit is applied for and plans are submitted, and shall be paid whether or not a permit is issued.
(3) Investigation Fees. Should there begin any work for which a permit is required by this title, and no permit has been issued, the Building Safety Division shall conduct a special investigation prior to issuing any permit for such work. The investigation fee shall equal, and be in addition to, the permit fee.
(a) In addition, the party performing work shall be subject to the penal provisions of this chapter, as well as the applicable provisions of any other code or ordinance adopted by the City.
(b) A reinspection fee shall be assessed when the work for which the inspection is called is not complete, or when corrections previously noted have not been made. Such fee shall be as set forth in the current building code and its successors, and shall be collected by the Building Safety Division prior to conducting any further reinspections.
(E) Construction and Installation Standards.
(1) Codes and Ordinances. All signs, sign structures, and other components including electrical features, shall be designed, constructed, and installed in accordance with the requirements of all applicable codes, ordinances, and regulations previously adopted, or subsequently adopted, by the City. Those codes and ordinances shall dictate such standards as the means of structural support, allowable stresses, construction materials, wind loads, vibration resistance, seismic loads, electrical wiring, and the like.
(2) Sign Label. The building permit number as required by the City of San Luis Building Safety Division shall be permanently affixed to each sign installation, whether permanent or temporary, for which a building permit is required under this title. Any temporary signage for which no permit is required under this title shall be affixed with the telephone number of the sign owner. Such information shall be affixed by a weatherproof label, inscription, or other permanent means, in a manner legible upon close inspection.
(3) Maintenance. Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, repainting, cleaning, and other acts necessary for the maintenance of the sign. If the sign is not made to comply with adequate safety standards, the City Building Official may require its removal in accordance with the provisions of this title.
(4) Damaged or Deteriorated Signage. Any sign or structure which is damaged or has deteriorated to an extent that the cost of repair equals 50% or more of the replacement value of the sign if sound, shall either be rebuilt or replaced in conformance with the standards and requirements of this chapter, or be removed altogether.
(5) Sign Removal. The Building Official shall cause the repair or removal of any sign that endangers the public safety, such as materially dangerous, electrically or structurally defective sign, or an abandoned sign, according to the following provisions. The following provisions pertaining to notice, appeal, and reoccurrence shall also apply to all signage which is temporary signage extending beyond the permitted time limits according to the criteria specified by this title.
(a) Notice. Written notice shall be sent to the owner of the sign if it is an off-site sign, or to the owner of the premises upon which an on-site sign is situated. Such notice shall identify any hazards, defects, and deficiencies of the sign or sign structure, and the specific section(s) of this title or other applicable building code or ordinance adopted by the City to which the violations pertain. The notice shall further indicate what repairs or other action, if any, would correct the violation(s) as noted, and shall specify a period of 30 days for either the repair or removal to be accomplished.
(b) Appeal. The owner of the sign, or the owner of the building or property, upon which it is situated, may appeal the order of the Building Official for removal or repair, by filing a written notice with the Building Official within ten days after receipt of the notice, for final consideration by the appropriate City board. The Board of Adjustment shall consider appeals pertaining to removal of abandoned signage, as well as any appeals from any interpretation made by the Zoning Administrator.
(c) Emergency. Should the Building Official determine that the sign or sign structure causes imminent danger to the public safety, contact shall be made with the owner to require immediate removal or correction. In the event that contact cannot be made with the owner, or the owner fails to correct the danger, the Building Official shall correct the danger by ordering the sign’s removal. Any sign removed by the Building Official pursuant to such emergency shall be disposed of in the manner deemed appropriate by City Council, upon recommendation by the Building Official. All costs associated with removal of such sign by the City, including all incidental costs, shall be considered a debt owed to the City by the owner of the sign if it is an off-site sign, or the owner of the property if it is an on-site sign, and shall be recovered in the following manner:
(i) The Building Official shall submit a report to the City Clerk for public hearing by the City Council. Such report shall include a description of the work done, an itemized account of all expenses incurred, a legal description of the property upon which the signage is or was located, and the name(s) and address(es) of the property owner and/or sign owner, if reasonably ascertainable.
(ii) The City Clerk shall cause notice of the public hearing to be posted on the property involved, published once in a newspaper of general circulation within the City, and served by certified mail to the owner of the property if it is an on-site sign, according to the names and addresses shown on the City assessment roll, and to the owner of the sign if it is an off-site sign if such name and address are reasonably ascertainable. Such notice as specified herein shall be given at least ten days prior to the hearing, and shall further specify the day, hour, and place for the hearing.
(iii) At the conclusion of the public hearing, the City Council shall confirm or deny the report, with or without any modifications as it deems appropriate, and shall determine whether the charges are to be recovered by personal obligation of the property owner. Should Council order that the charges shall be a personal obligation of the property owner and/or the sign owner, the City Attorney shall be authorized to collect the same by use of all appropriate legal remedies.
(F) Variances and Conditional Use Permits. Variances or conditional use permits may be granted by the appropriate City board as specified herein, to allow relief from the design standards specified by this chapter. However, no relief shall be granted to permit the erection of signs which are prohibited by SLCC 18.80.020(D) and 18.80.060.
(1) Requests for variances from the design criteria of this chapter, such as, but not limited to, the setback, size, height, location, spacing, and number of signs, as well as the requirements pertaining to the manner of keeping, shall be considered by the City of San Luis Board of Adjustment. Such variance requests, as well as any appeal from an interpretation made by the Zoning Administrator, shall be considered in accordance with the requirements and criteria of this title. However, since it is the intent of this chapter to secure the gradual and eventual elimination, rather than expansion, of nonconforming signs and sign structures, the Board of Adjustment shall not grant any variance to increase the degree of nonconformity for any existing signage.
(2) Requests for variances from the structural or mechanical requirements of any building code as may be adopted by the City, or any appeal from an interpretation made by the Building Official, shall be considered by the appropriate board, such as the Board of Appeals or the Planning and Zoning Commission in accordance with their adopted procedures.
(3) Request for a conditional use permit shall be considered by the City Council in accordance with SLCC 18.15.040. A conditional use permit to allow a sign projecting above the roofline of a building shall be permitted only after review and approval by the City Council.
(G) Penalties. It shall be unlawful for any person, firm, or corporation to violate, or cause the violation of, any provision of this chapter. Each separate day, or part thereof, that a violation continues is a separate offense. Any violation of or failure to do or perform any act required by this chapter constitutes a civil offense punishable pursuant to SLCC 1.05.990. Any third, or more, offense committed within one year of the date of the first offense shall be punishable as a Class 1 misdemeanor pursuant to SLCC 1.05.990. (Ord. 312 § 2(16.7), passed 4-11-2012; Ord. 367 § 1, passed 10-11-2017. Code 2012 § 152.262.)