Except as otherwise authorized in § 160.573 et seq. of this Code, as amended, no sign or supporting structure shall be located upon or over any portion of the dedicated right-of-way of any public street, alley or thoroughfare.
(a) All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted.
(b) The director of planning and building services may order the removal of or cause to be removed any sign that is not maintained in accordance with the provisions of this section.
No person shall engage in the activity or business of sign or outdoor advertising by erecting, maintaining, leasing or providing to others ground signs, roof signs, wall signs, projecting signs, marquee signs, portable signs, or changeable signs in the city without first having procured a license from the city council to conduct that activities or business.
The provisions of chapter 110, insofar as the provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this subchapter.
Along with the application for a license required by this subchapter, the applicant shall file with the city finance department a certificate of standard form contractor’s public liability insurance, covering bodily injuries, including death, with limits of not less than $100,000 for each person and $300,000 for each accident and covering property damage with a limit of $50,000 for each accident.
As a condition of his or her license, every person who engages in the activity or business of sign or outdoor advertising in the city shall maintain and deliver to the zoning enforcement manager a continuous bond in the penal sum of $10,000 in a form approved by the city with the licensee as principal on the bond and the city as the obligee for its benefit and that of consumers dealing with the contractor. The bond shall be conditioned upon compliance with the provisions of this chapter and chapter 160 of this Code. Claims upon the bond may be filed by any person damaged by reason of the principals failure to perform his or her obligation under the bond. The bond shall be in addition to all other license bonds. The bond shall be written by a corporate surety authorized to transact business in the state. Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond except that the liability of the surety shall not extend to acts or omissions of the principal occurring after the effective date of his or her license suspension or revocation.
It shall be the duty of persons engaged in the activity or business of renting or providing portable signs to others to record the date of the transaction, the name of the sign users and the proposed location of the portable sign and to maintain these records for a period of two years. Furthermore, it shall be their duty to require applicants placing portable signs within city limits to produce a valid permit prior to transfer of the sign. All portable signs must prominently display the name of its owner, whether business or individual.
Except as otherwise provided in this subchapter, it shall be unlawful for any person to erect, alter, relocate or maintain within the city any sign without first obtaining an erection permit from the department of planning and building services and making payment of the required fee.
When work for which a permit is required by this subchapter is started or proceeded with prior to obtaining the permit, the fees specified therefor shall be doubled, but payment of the double fee shall not relieve any person from fully complying with the requirements of city ordinances in the execution of the work nor from any other penalties prescribed for the violation of city ordinances.
(a) An application for permit required by this subchapter shall be submitted to the department of planning and building services in a form as they may prescribe and shall include the information as may be required for a complete understanding of the proposed work and the other information to show full compliance with this chapter and all other laws and ordinances of the city.
(b) Action on application. If the planning and building services official is satisfied that the proposed work conforms to the requirements of the code and ordinances applicable thereto, the official shall issue a permit therefor as soon as practicable.
(c) Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of this jurisdiction shall not be valid. The issuance of a permit based on the application, sketch, and site plan or other construction documents shall not prevent the planning and building services official from requiring the correction of errors in the application or other data.
(d) Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within 180 days after its issuance. If an inspection has not been requested after 180 days of permit issuance and the permit has not been extended, the permit shall expire without notice. The planning and building services official is authorized to grant, in writing, one extension of time for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
(e) Suspension or revocation. The planning and building services official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information or in violation of any ordinance or regulation or any of the provisions of this code.
(f) Placement of permit. The sign permit or copy shall be kept on file with the applicant until the completion of the project.
(a) General. Work for which a sign permit is required shall be subject to inspection by the planning and building services official. Approval as a result of an inspection shall not be construed to be approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible for inspection purposes. Neither the planning and building services official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(b) Inspection requests. It shall be the duty of the holder of the sign permit or their duly authorized agent to notify the planning and building services official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for any inspection of such work that are required by this code. If an inspection has not been requested after 180 days of permit issuance and the permit has not been extended, the permit shall expire without notice.
(c) Approval required. The planning and building services official shall make the requested inspections and shall either indicate the portion of the sign work that is satisfactory as completed or shall notify the permit holder or agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected.
(Ord. 104-16, passed 10-4-2016)
§ 155.034 VIOLATIONS.
Notice of violation. The planning and building services official is authorized to serve a notice of violation or order on the person responsible for the violation of the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(Ord. 104-16, passed 10-4-2016)
Sioux Falls City Zoning Code
CHAPTER 155
SIGNS AND OUTDOOR ADVERTISING
§ 155.001 SIGNS UPON, OVER PUBLIC WAYS.
Except as otherwise authorized in § 160.573 et seq. of this Code, as amended, no sign or supporting structure shall be located upon or over any portion of the dedicated right-of-way of any public street, alley or thoroughfare.
(a) All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted.
(b) The director of planning and building services may order the removal of or cause to be removed any sign that is not maintained in accordance with the provisions of this section.
No person shall engage in the activity or business of sign or outdoor advertising by erecting, maintaining, leasing or providing to others ground signs, roof signs, wall signs, projecting signs, marquee signs, portable signs, or changeable signs in the city without first having procured a license from the city council to conduct that activities or business.
The provisions of chapter 110, insofar as the provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this subchapter.
Along with the application for a license required by this subchapter, the applicant shall file with the city finance department a certificate of standard form contractor’s public liability insurance, covering bodily injuries, including death, with limits of not less than $100,000 for each person and $300,000 for each accident and covering property damage with a limit of $50,000 for each accident.
As a condition of his or her license, every person who engages in the activity or business of sign or outdoor advertising in the city shall maintain and deliver to the zoning enforcement manager a continuous bond in the penal sum of $10,000 in a form approved by the city with the licensee as principal on the bond and the city as the obligee for its benefit and that of consumers dealing with the contractor. The bond shall be conditioned upon compliance with the provisions of this chapter and chapter 160 of this Code. Claims upon the bond may be filed by any person damaged by reason of the principals failure to perform his or her obligation under the bond. The bond shall be in addition to all other license bonds. The bond shall be written by a corporate surety authorized to transact business in the state. Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond except that the liability of the surety shall not extend to acts or omissions of the principal occurring after the effective date of his or her license suspension or revocation.
It shall be the duty of persons engaged in the activity or business of renting or providing portable signs to others to record the date of the transaction, the name of the sign users and the proposed location of the portable sign and to maintain these records for a period of two years. Furthermore, it shall be their duty to require applicants placing portable signs within city limits to produce a valid permit prior to transfer of the sign. All portable signs must prominently display the name of its owner, whether business or individual.
Except as otherwise provided in this subchapter, it shall be unlawful for any person to erect, alter, relocate or maintain within the city any sign without first obtaining an erection permit from the department of planning and building services and making payment of the required fee.
When work for which a permit is required by this subchapter is started or proceeded with prior to obtaining the permit, the fees specified therefor shall be doubled, but payment of the double fee shall not relieve any person from fully complying with the requirements of city ordinances in the execution of the work nor from any other penalties prescribed for the violation of city ordinances.
(a) An application for permit required by this subchapter shall be submitted to the department of planning and building services in a form as they may prescribe and shall include the information as may be required for a complete understanding of the proposed work and the other information to show full compliance with this chapter and all other laws and ordinances of the city.
(b) Action on application. If the planning and building services official is satisfied that the proposed work conforms to the requirements of the code and ordinances applicable thereto, the official shall issue a permit therefor as soon as practicable.
(c) Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of this jurisdiction shall not be valid. The issuance of a permit based on the application, sketch, and site plan or other construction documents shall not prevent the planning and building services official from requiring the correction of errors in the application or other data.
(d) Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within 180 days after its issuance. If an inspection has not been requested after 180 days of permit issuance and the permit has not been extended, the permit shall expire without notice. The planning and building services official is authorized to grant, in writing, one extension of time for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
(e) Suspension or revocation. The planning and building services official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information or in violation of any ordinance or regulation or any of the provisions of this code.
(f) Placement of permit. The sign permit or copy shall be kept on file with the applicant until the completion of the project.
(a) General. Work for which a sign permit is required shall be subject to inspection by the planning and building services official. Approval as a result of an inspection shall not be construed to be approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible for inspection purposes. Neither the planning and building services official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(b) Inspection requests. It shall be the duty of the holder of the sign permit or their duly authorized agent to notify the planning and building services official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for any inspection of such work that are required by this code. If an inspection has not been requested after 180 days of permit issuance and the permit has not been extended, the permit shall expire without notice.
(c) Approval required. The planning and building services official shall make the requested inspections and shall either indicate the portion of the sign work that is satisfactory as completed or shall notify the permit holder or agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected.
(Ord. 104-16, passed 10-4-2016)
§ 155.034 VIOLATIONS.
Notice of violation. The planning and building services official is authorized to serve a notice of violation or order on the person responsible for the violation of the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.