The purpose of this chapter is to regulate the size, location, construction, and manner of display of signs so as to not confuse, mislead, or obstruct lines of vision necessary for traffic safety, diminish the aesthetic beauty of the city, or otherwise endanger the public health, safety and welfare, and to further the objectives of this title and the comprehensive plan.

(Code 1986, § 12-4-1)

(a)

Permits. No sign shall be erected without a permit except as provided for herein.

(b)

Sign placement and removal.

(1)

No signs other than those noncommercial signs authorized by the mayor are allowed on public rights-of-way, except as provided herein.

(2)

No attached wall sign may project more than 12 inches from a building wall.

(3)

Signs projecting from a building or extending over public property shall maintain a clear height of nine feet six inches above the right-of-way and no part of such signs shall be closer than 18 inches to the vertical plane of the curb line or edge of pavement.

(4)

No sign shall be located so as to restrict the view of drivers at an intersection or while entering and leaving a public right-of-way. See section 12-3-58, relating to required visibility triangles.

(5)

No sign shall project into the line of vision of any traffic-control sign or signal from any point in a moving traffic line.

(6)

Signs on fences and walls are subject to all requirements of freestanding signs including maximum sign area, maximum height and minimum setback, unless otherwise specified herein.

(7)

Setback of signs along certain roads may be required.

(c)

Illumination.

(1)

Illuminated signs, other than those identifying churches and schools, are not permitted in residential districts.

(2)

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly onto a public right-of-way or residential premises.

(d)

Installation requirements.

(1)

All permanent nonaccessory signs that exceed 50 square feet must be installed by a licensed contractor or sign contractor.

(2)

Accessory signs may be installed by a property owner for his or her own business on his or her own lot.

(3)

Accessory signs may be installed by a tenant for his or her own business provided that:

a.

The sign must not exceed 32 square feet and/or a height of ten feet; and

b.

The tenant must obtain written consent of the property owner to install the sign.

(4)

All freestanding signs shall be supported by posts or uprights furnished by the installer of said sign and in no case will signs be supported by utility company poles, fences or fence posts, trees or any other structure not furnished specifically for the particular sign.

(Code 1986, § 12-4-2; Ord. No. 21-93, § 2, 8-16-1993; Ord. No. 16-10, § 213, 9-9-2010)

(a)

The sign face is sum of the areas of any regular geometric shapes that contain the entire surface area of signs upon which copy may be placed. In the case of freestanding or awning signs, the sign face consists of the entire surface area of the sign on which copy could be placed and does not include the supporting or bracing structure of the sign unless such structure or bracing is made a part of the sign message. Where a sign has two display faces back-to-back, the area of the largest face shall be calculated as the sign face area. Where a sign has more than one display face, all areas that can be viewed simultaneously shall be considered in the calculation of the sign face area.

(b)

For signs other than freestanding or awning signs whose message is applied to a background that provides no border or frame, the sign face area shall be the sum of the areas of the regular geometric shape that can encompass all words, letters, figures, emblems, and other elements of the sign message.

(Code 1986, § 12-4-3; Ord. No. 15-92, § 1, 6-25-1992)

(a)

Number, accessory signs. Each parcel of property shall be limited to two accessory signs per street frontage, one freestanding or one projecting, and one attached wall sign. In addition, some other signs may be permitted in conjunction with these permitted signs and are described in subsection (g) of this section. If there exists more than one business establishment on the parcel, the provisions of subsection (d) Shopping centers/malls, (e) Office and multifamily residential zones, or (f) Residential zones, of this section shall be applicable.

(b)

Major transportation thoroughfares zoned commercial or industrial.

(1)

Permanent accessory signs placed in commercially and industrially zoned districts, including R-NC, C-1, C-2, C-2A, C-3, M-1 and M-2 zones, along the following transportation thoroughfares shall be limited in the manner set forth in subsections (b)(2) through (4) of this section:

a.

Airport Boulevard.

b.

Alcaniz Street.

c.

Barrancas Avenue.

d.

Bayou Boulevard; Grande Drive to Carpenter's Creek.

e.

Cervantes Street, including that portion of Scenic Highway south of Mallory Street.

f.

Chase Street.

g.

Creighton Road.

h.

Davis Highway.

i.

Fairfield Drive.

j.

Garden Street, including that portion of Navy Boulevard west of the Frisco rail line.

k.

Gregory Street.

l.

Main Street.

m.

9th Avenue.

n.

Pace Boulevard.

o.

Palafox Street.

p.

12th Avenue from Bayou Boulevard to Underwood.

(2)

Advertising display area. Commercial zoning districts (R-NC, R-NCB, C-1, C-2, C-2A, C-3).

a.

One freestanding or projecting sign not to exceed 100 square feet.

b.

One attached wall sign or combination of wall signs. Ten percent of the building street front elevation, not to exceed 200 square feet. The sign may be placed on the front or one side of the building.

(3)

Advertising display area. Industrial zoning districts (M-1 and M-2).

a.

One freestanding or projecting sign not to exceed 100 square feet.

b.

One attached wall sign or combination of wall signs not to exceed the following criteria. The signs may be placed on the front or one side of the building.

Buildings set back up to 400 feet from a paved public road right-of-way line open to the public:

Ten percent of the building street front elevation, not to exceed 200 square feet.

Buildings set back between 400 feet and 750 feet from a paved public road right-of-way line open to the public:

Fifteen percent of the building street front elevation not to exceed 400 square feet.

Buildings set back over 750 feet from a paved public road right-of-way line open to the public:

Twenty percent of the building street front elevation, not to exceed 800 square feet.

(4)

Sign height. The maximum height for a freestanding sign shall be 25 feet. No attached sign shall extend above the eave line of a building to which it is attached. Roof surfaces constructed at an angle of 65 degrees or more from horizontal shall be regarded as wall space.

(c)

Other streets in commercial, industrial and ATZ-2 zones. Permanent accessory signs placed in all commercial, industrial zones and airport transition zone 2 (ATZ-2) shall conform to the following requirements:

(1)

Advertising display area.

a.

One freestanding or projecting sign of 35 square feet or one square foot of sign area per linear foot of street frontage, not to exceed 50 square feet per face of sign.

b.

One attached wall sign. Ten percent of the building street front elevation for attached wall signs, not to exceed 100 square feet. The sign may be placed on the front or one side of the building.

(2)

Sign height. The maximum height for freestanding signs shall be 20 feet. No attached sign shall extend above the eave line of a building to which it is attached. However, roof surfaces constructed at an angle of 65 degrees or more from horizontal shall be regarded as wall space.

(d)

Shopping centers/malls. Permanent accessory signs advertising a group of commercial establishments comprised of two or more stores which are planned, developed, owned or managed as a unit shall conform to the following requirements:

(1)

Advertising display area. The advertising display area noting the name of the mall or center for a freestanding sign shall be one square foot of sign area per one linear foot of street frontage, not to exceed 200 square feet per face of sign. Attached signs shall conform to the requirements set forth in subsection (b)(2)b of this section.

(2)

Sign height. The maximum height for a freestanding sign shall be 35 feet. No attached sign shall extend above the eave line or building to which it is attached. Roof surfaces constructed at an angle of 65 degrees or more from horizontal shall be regarded as wall space.

(e)

Office and multifamily residential zones. Permanent accessory signs placed in R-2, R-2A and ATZ-1 zones shall conform to the following requirements:

(1)

Advertising display area. The advertising display area for a freestanding or attached sign identifying a multifamily residential complex shall be no more than 35 square feet. The maximum accessory advertising display area for an office shall be 35 square feet, and a six-square-foot sign attached to and identifying each individual office.

(2)

Sign height. The maximum height for all signs in these districts shall be 15 feet.

(f)

Residential zones. The following permanent accessory signs shall be permitted in residential zones, including R-1AAAAA, R-1AAAA, R-1AAA, R-1AA, R-1A, and R-ZL and ATZ-1:

(1)

One attached wall sign or combination of wall signs for churches, cemeteries, schools, libraries and community centers serving as identification and/or bulletin boards, not to exceed 36 square feet in area or one freestanding sign per street frontage not to exceed 36 square feet in area and be no closer than ten feet to any property line and not exceed six feet in height.

(2)

Two signs per residential subdivision entrance, identifying said subdivision, of not more than 20 square feet of advertising surface, and shall not exceed six feet in height, identifying the residential subdivision.

(3)

One non-illuminated nameplate per street frontage designating the owner or the occupant and address of the property. The nameplate shall not be larger than 100 square inches and may be attached to the dwelling or be freestanding except the top of a freestanding nameplate shall not be more than 18 inches above ground level. No permit shall be required for such signs.

(4)

Bench signs shall be allowed on public transportation routes at bus stops.

(5)

One non-illuminated sign stating "No Peddlers," "No Solicitors," or "No Canvassing" per dwelling. The sign shall not be larger than 140 square inches and may be attached to the dwelling or be freestanding except the top of a freestanding sign shall not be more than 18 inches above ground level. No permit shall be required for such signs.

(g)

Other permanent signs. Other signs allowed, without the requirement to obtain a permit, in conjunction with signs permitted by subsections (a) through (c) of this section include:

(1)

Signs advertising the acceptance of credit cards not exceeding two square feet and which are attached to buildings or permitted freestanding signs.

(2)

On-premises menu signs at fast-food restaurant ordering stations not in excess of 24 square feet.

(3)

Directional/informational signs guiding traffic and parking on private property, bearing no advertising matter. Such signs shall not exceed two square feet in size.

(4)

One permanent sign located on or over a showroom window or door indicating only the proprietor and/or nature of the business is permitted, provided it does not exceed a total sign area of four square feet.

(5)

Official traffic signs or signals, informational signs and historical markers erected by a government agency. These signs are allowed to be placed on or above a public right-of-way.

(6)

Signs advertising the price of gasoline may be installed according to the following conditions:

a.

One sign, not to exceed 12 square feet, may be attached to permitted freestanding signs on the premises.

b.

Signs may be placed on each gasoline pump to provide required information to the public regarding price per gallon or liter, type of fuel and octane rating. Such signs shall not exceed an aggregate area of three square feet.

(Code 1986, § 12-4-4; Ord. No. 15-92, § 2, 6-25-1992; Ord. No. 25-92, § 4, 7-23-1992; Ord. No. 21-93, § 3, 8-16-1993; Ord. No. 44-99, § 4, 11-18-1999)

Permanent nonaccessory signs include outdoor advertising signs (also known as billboards and off-premises signs), wayfaring signs, hospital directional signs, and public transit bus shelter and bench signs.

(1)

Outdoor advertising signs.

a.

Permitted sign locations.

1.

Outdoor advertising signs are generally permitted in the commercial and industrial zoning districts (C-1, C-2, C-3, M-1, and M-2) with the exception of the community redevelopment area, the airport development corridor overlay district and the Bayou Texar shoreline protection district.

2.

Outdoor advertising signs are permitted in the residential-neighborhood commercial district (R-NC) if located along an interstate highway or an arterial roadway. Signs shall be located within 125 feet of the rights-of-way of interstate highways and within 50 feet of the rights-of-way of arterial roadways, as measured from the edge of the right-of-way to the base of the sign.

Outdoor advertising signs are not permitted in the residential-neighborhood commercial district (R-NC) within the Community Redevelopment Area.

b.

Prohibited sign locations.

1.

Outdoor advertising signs are prohibited in the following zoning districts:

i.

Conservation (CO).

ii.

Low-Density Residential (R-1AAAAA, R-1AAAA, and R-1AAA).

iii.

Medium-Density Residential (R-1AA and R-1A).

iv.

High-Density Residential (R-ZL, R-2A, and R-2B).

v.

Residential/Office (R-2 and R-NCB).

vi.

Downtown Retail Commercial District (C-2A).

vii.

Pensacola Historic District (HR-1, HR-2, HC-1, and HC-2).

viii.

North Hill Preservation District (PR-1AAA, PR-2, and PC-1).

ix.

Old East Hill Preservation District (OEHR-2, OEHC-1, OEHC-2, and OEHC-3).

x.

Airport Land Use District (ARZ, ATZ-1 and ATZ-2).

xi.

Gateway Redevelopment (GRD and GRD-1).

xii.

Waterfront Redevelopment (WRD, WRD-1).

xiii.

South Palafox Business (SPBD).

2.

Outdoor advertising signs are prohibited within a 500-foot radius of the nearest edge of the rights-of-way of Scenic Highway, any roadway classified as scenic in the city comprehensive plan or any roadway classified as a scenic highway pursuant to F.S. § 335.093.

c.

Sign design.

1.

Outdoor advertising signs shall have a maximum of two sign faces per sign structure. When two sign faces are used, the sign faces shall be mounted in a V-type or back-to-back configuration. Each sign face shall not exceed the maximum sign area permitted at the specific location.

2.

Outdoor advertising signs with sign faces in a V-type configuration shall not have an interior angle exceeding 60 degrees where the sign faces converge.

3.

Tri-faced outdoor advertising signs, as defined in chapter 12-13, shall be allowed.

4.

Outdoor advertising signs with side-to-side and stacked sign faces are prohibited.

d.

Sign area.

1.

Interstate highways and four-lane roadways. Along interstate highways and four-lane roadways, the sign area of each sign face on an outdoor advertising sign shall not exceed 378 square feet.

2.

Two-lane roadways. Along two-lane roadways, the sign area of each sign face on an outdoor advertising sign shall not exceed 100 square feet.

e.

Sign height.

1.

Interstate highways. Along interstate highways, the height of an outdoor advertising sign shall not exceed a height of 50 feet measured from the base of the sign at normal grade to the top of the sign.

2.

Four-lane and two-lane roadways. Along two-lane roadways and four-lane roadways, the height of an outdoor advertising sign shall not exceed a height of 35 feet measured from the base of the sign at normal grade to the top of the sign.

f.

Sign spacing.

1.

Interstate highways. Along interstate highways, outdoor advertising signs shall not be located within 1,500 feet of any other outdoor advertising sign on the same side of the right-of-way.

2.

Four-lane and two-lane roadways. Along two-lane roadways and four-lane roadways, outdoor advertising signs shall not be located within 1,000 feet of any other outdoor advertising sign on the same side of the right-of-way or within a 300-foot radius of any other outdoor advertising sign as measured in any direction.

g.

Nonconforming signs. Outdoor advertising signs that do not conform to the location, design, area, height, and spacing requirements above shall be deemed nonconforming signs and subject to section 12-5-11.

h.

Cap and replace provisions.

1.

Maximum number of outdoor advertising signs. The maximum number of outdoor advertising signs allowed within the city shall be limited to the number of outdoor advertising signs existing, or having received a building permit, as of September 30, 2009.

2.

New outdoor advertising signs. After September 30, 2009, a building permit for the construction of an outdoor advertising sign shall only be issued following the removal of an existing outdoor advertising sign located within the city.

3.

Proof of sign removal. A demolition permit from the city shall be required prior to the removal of an outdoor advertising sign. The removal of a sign will be verified through an inspection by the building official or his or her designee. The sign removal shall be documented under the demolition permit number in the computerized permitting system.

4.

Proof of replacement. When applying for a building permit to erect a new outdoor advertising sign, an applicant shall be required to provide the demolition permit number of the previous outdoor advertising sign being used to meet these replacement provisions. Through documentation in the computerized permitting system, the permitting clerk shall cross-reference the demolition permit for the previous sign with the building permit for the new sign.

5.

Removal of nonconforming outdoor advertising signs. Applicants are requested to remove a nonconforming outdoor advertising sign in lieu of a conforming outdoor advertising sign to meet these replacement provisions.

(2)

Wayfaring signs.

a.

Wayfaring signs shall be allowed within multifamily residential and multi-parcel commercial developments, of three acres or more, having an internal driveway network. The wayfaring signs shall be located at driveway intersections to direct motorist to destinations within the development that are not readily visible from adjacent public rights-of-way. When using two or more wayfaring signs in a development, a master sign plan is required.

b.

Wayfaring signs shall also be allowed on public rights-of-way within the dense business district to assist motorist in finding destinations and shall be planned and sponsored by the community redevelopment agency.

c.

Wayfaring signs shall also comply with the following requirements:

1.

Sign design. The number of sign faces at any one intersection shall be the minimum necessary to provide directional information. Typically, this will be one sign face per direction from which driveways or streets approach the intersection. Sign faces in opposite directions shall be mounted in a back-to-back configuration. One or more sign structures may be used at each intersection as long as the total number of sign faces meets the criteria above. Each individual sign face shall not exceed the maximum sign area permitted at the specific location.

2.

Sign area. The sign area of any sign face shall not exceed 12 square feet.

3.

Sign height. Wayfaring signs shall have a sign height not to exceed 12 feet.

4.

Sign information. Wayfaring signs shall contain the names of the applicable destinations and the applicable directional arrow. A small recognizable business logo may be included, but advertising is not permitted.

5.

Lighting. The sign may be internally or externally-lit and shall not shine directly onto a public right-of-way or adjacent residential premises.

6.

Line of sight. All signs shall comply with section 12-3-58 relating to the required visibility triangles.

(3)

Hospital directional signs. Directional signs for hospitals having a state-certified trauma center and/or emergency center are permitted in the R-2 through M-2 zoning districts. No more than two directional signs shall be permitted per hospital. Hospital directional signs shall meet the following requirements:

a.

Sign design. Hospital directional signs shall be freestanding signs and have a maximum of two sign faces per sign structure. When two sign faces are used, the sign faces shall be mounted in a V-type or back-to-back configuration.

b.

Sign area. Hospital directional signs shall not exceed 50 square feet.

c.

Sign height. The maximum height shall not exceed 12 feet.

d.

Sign information. The sign shall contain the name of the hospital, directions to the hospital and one of the following descriptors:

1.

Emergency.

2.

Emergency care.

3.

Emergency room.

4.

Trauma care.

5.

Trauma center.

e.

Lighting. The sign may be internally or externally lit and shall not shine directly onto a public right-of-way or adjacent residential premises.

f.

Line of sight. All signs shall comply with section 12-3-58 relating to the required visibility triangles.

(4)

Public transit bus shelter and bench signs.

a.

Public transit bus shelters and benches shall be located along active bus routes at bus stops designated by Escambia County Area Transit (ECAT). Designated bus stops shall be identified by an ECAT bus stop sign.

b.

No public transit bus shelter or bench with an advertising display may be placed within 300 feet of another bus shelter or bench with an advertising display on the same side of the street.

c.

Public transit bus shelters and benches located along bus routes that are no longer active shall be removed by their owner within 30 days of the route becoming inactive. Such signs would be defined as prohibited signs instead of nonconforming signs under these provisions.

d.

The placement of bus shelters and benches and the size and number of advertising displays shall also comply with the requirements set forth in F.A.C. ch. 14-20.

e.

The design of public transit bus shelters and benches to be located in historic, preservation or aesthetic districts shall be subject to review by the city board responsible for that district and shall not have an advertising display area.

(Code 1986, § 12-4-5; Ord. No. 35-92, § 3, 10-22-1992; Ord. No. 29-93, § 28, 11-18-1993; Ord. No. 28-97, § 1, 8-14-1997; Ord. No. 8-99, § 8, 2-11-1999; Ord. No. 23-00, § 1, 4-27-2000; Ord. No. 6-02, § 2, 1-24-2002; Ord. No. 30-09, § 1, 9-10-2009)

(a)

Temporary signs shall meet the criteria and limitations set forth in Table 1, shown below:

  TABLE 1. CRITERIA AND LIMITATIONS FOR
TEMPORARY SIGNS

(b)

Signs found to be in violation of this section will be removed. Further, violation of this section shall be punished by fine to be paid by any person recovering the removed sign as provided by section 1-1-8.

(Code 1986, § 12-4-6; Ord. No. 6-93, § 23, 3-25-1993; Ord. No. 45-96, § 8, 9-12-1996; Ord. No. 16-10, §§ 214, 215, 9-9-2010; Ord. No. 14-20, § 1, 6-11-2020)

It shall be unlawful to erect or maintain the following signs within city limits:

(1)

Any sign containing or illuminated by flashing or intermittent lights of changing degrees of intensity, except for digital signs.

(2)

Those with visible motion, except for tri-faced nonaccessory signs.

(3)

Those that incorporate projected images or emit sound.

(4)

Strings of light bulbs other than holiday decorations.

(5)

The use of gas or hot-air balloons, except on a temporary basis as provided for in section 12-5-6.

(6)

The use of banners, pennants and streamers except on a temporary basis as provided for in section 12-5-6.

(7)

Rooftop signs.

(8)

Signs that are posted, painted, or otherwise affixed to any rock, fence, tree or utility pole.

(9)

Signs that are not securely fixed on a substantial structure.

(10)

Signs that are not in good repair or that may create a hazardous condition.

(11)

Signs that are illegal under state laws and regulations.

(12)

Nonaccessory signs attached to any craft or structure in or on a water body designed or used for the primary purpose of displaying advertisements. Provided, however, that this section shall not apply to any craft or structure that displays an advertisement or business notice of its owner, so long as such craft or structure is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisement.

(Code 1986, § 12-4-7; Ord. No. 33-93, § 2, 12-16-1993; Ord. No. 10-96, § 2, 2-8-1996; Ord. No. 45-96, § 9, 9-12-1996; Ord. No. 28-97, § 2, 8-14-1997)

In addition to the general provisions of this chapter, the regulation of signs within any of the following districts shall also be governed by the applicable provisions of this title pertaining to such district, noted as follows:

(1)

Pensacola historic district, section 12-3-10(1).

(2)

North Hill preservation district, section 12-3-10(2).

(3)

Gateway redevelopment district, section 12-3-12(1).

(4)

Waterfront redevelopment district, section 12-3-12(2).

(5)

South Palafox business district, section 12-3-13.

(6)

Palafox historic business district, section 12-3-27.

(7)

Governmental center district, section 12-3-28.

(8)

Airport development corridor overlay district, section 12-3-29.

(Code 1986, § 12-4-8)

It shall be unlawful to display, erect, relocate or alter any sign without first filing with the building official an application in writing and obtaining a sign permit, unless otherwise provided for herein. When a sign permit has been issued by the building official, it shall be unlawful to change, modify, alter or deviate from the terms of said permit without prior approval of the building official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the building official.

(1)

Application for permit. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent, or an appropriately licensed contractor. The building official shall, within five working days of the date of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished.

(2)

Plans, specifications and other data. The application for sign permit shall be accompanied by the following plans and other information:

a.

The name, address, and telephone number of the owner or person entitled to possession of the sign and of the contractor or erector.

b.

The location by street address of the proposed sign structure.

c.

A legal description of the property on which the sign is to be located and the current property owner.

d.

The structural design of the proposed sign, including the height, size, and materials and a site plan indicating location of the sign on the site.

e.

The building inspection division may require that plans submitted be prepared by a registered professional engineer of the state.

(3)

Revocation of sign permit. The building official may revoke any permit issued under this chapter in any instance in which it shall appear that the application for the permit contains knowingly false or misleading information. If the work authorized under a sign permit has not been completed within six months after date of issuance, said permit shall become null and void.

(Code 1986, § 12-4-9)

All signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The owner of any property on which a sign is located and those responsible for maintenance of the sign shall be equally responsible for the conditions of the area in the vicinity of the sign and shall be required to keep this area clean, sanitary and free from noxious or offensive substances, rubbish, and flammable waste materials.

(Code 1986, § 12-4-10)

This chapter shall be administered and enforced by the building official.

(1)

Nonconforming signs. Within requirements established by this section, there may exist signs which would be prohibited, regulated or restricted under the terms of this title. It is the intent of this title to allow these nonconformities to exist, but not to encourage their continuation. Such signs are declared by this title to be incompatible with permitted sign regulations.

(2)

Modification/replacement of nonconforming signs. The following limitations apply to nonconforming signs:

a.

An existing nonconforming sign shall not be changed to another nonconforming sign by modifying the words or symbols used, the message displayed or any other change to the advertising display area of the sign. Nonaccessory signs are exempt from this provision;

b.

An existing nonconforming sign shall not be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;

c.

An existing nonconforming sign shall not be repaired after being damaged if the repair of the sign would cost more than 50 percent of the cost of a new sign.

(3)

Abandoned signs. The message on the advertising surface of a permanent or temporary sign must be removed once the activity it is advertising ceases to exist. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management shall not be deemed abandoned unless the property remains vacant for a period of six months. Signs other than nonaccessory signs on any parcel of property unoccupied for a period of six months shall be deemed to have been abandoned. If the owner fails, refuses or neglects to comply with the provisions of this subsection the building official shall initiate removal procedures as follows:

a.

The building official shall post on each sign a legal notice which shall notify the public that the sign is condemned and scheduled to be demolished.

b.

Furthermore, with the posting of the sign, said building official shall cause a legal notice to be published once a week for two consecutive weeks in a newspaper published and circulated in the city, which also meets the requirements of the applicable state law. Said legal notice shall set forth a description of the property where the sign is located and shall notify the public that the sign is condemned and scheduled to be demolished.

c.

Fourteen days after the initial date of posting the sign, the building official shall prepare bids and specifications for the competitive bidding for demolishing the sign by private contract in the following manner:

1.

Advertisement shall comply with section 3-3-5.

2.

The city shall award the contract to the successful bidder.

3.

The successful contractor shall, upon notice to proceed as initiated by the authorized official, commence the specified demolition and site clean-up.

4.

Upon satisfactory completion of the work, the contractor shall be paid from a revolving sign demolition fund.

d.

The building official shall certify to the city treasurer that the specific work has been completed. The city treasurer shall then prepare and process a complete assessment of all costs, including, but not limited to, all administrative costs, attorney fees or other legitimate expenses that may have occurred before, during, or after the proceedings necessary to eliminate the illegal condition of signs described herein.

e.

Said assessment shall be declared a lien upon such land until paid and to have equal dignity with other liens for ad valorem taxes. The mayor shall file on public record such claims of liens against the property cleared of such condemned sign setting forth the amount of such lien, a description of the property involved, and that such lien is claimed pursuant to the provisions of this section. Such lien shall be signed and sworn to by the mayor. Monies received from enforcement of lien shall be collected and deposited in the revolving fund provided for herein. The lien shall be enforced as otherwise provided for by law.

(Code 1986, § 12-4-11; Ord. No. 13-92, § 4, 5-28-1992; Ord. No. 28-97, § 3, 8-14-1997; Ord. No. 16-10, § 216, 9-9-2010)

The owner of any sign erected within or on a public right-of-way in the city shall indemnify, defend and hold harmless the city from and against any and all claims, demands, actions, judgments, costs, attorney's fees, or expenses for bodily injury, including death, or property damage arising out of or in connection with the construction or existence of said sign, except to the extent that such injury or damage may be directly caused by the negligence or misconduct of other persons. Prior to the issuance of any sign permit and before any sign is erected within or on such right-of-way, the owner of the sign shall execute an agreement, in a form satisfactory to the city attorney, to indemnify the city in the aforesaid manner and shall file with the city a certificate issued by an insurance company authorized to do business in the state evidencing the existence of premises liability insurance, in an amount satisfactory to the building inspections superintendent and the risk manager, said insurance to remain in force for so long as such signs remain in existence, and the certificate of insurance shall indicate that the city is named as an additional insured and that the insurance company shall not cancel or change the coverage under the insurance policy without giving 30 days prior written notice to the department of risk management.

(Code 1986, § 12-4-12; Ord. No. 45-96, § 10, 9-12-1996)