604.2

SEC. 604.2. GENERAL ADVERTISING SIGN INVENTORIES. (a) Submission of Initial Sign Inventory. Within 60 days of the effective date of this Section, any general advertising sign company that owns a general advertising sign located in the City shall submit to the Department a current, accurate, and complete inventory of its general advertising signs together with the inventory processing fee required by subsection (f) below. Any general advertising company that commences ownership of one or more general advertising signs located in the City after the effective date of this Section shall submit an inventory together with the inventory processing fee within 60 days after its commences such ownership whether or not the signs on the inventory have previously been reviewed by the Department in its review of the inventory of a previous owner. (b) All Signs to be Included in the Inventory; Inclusion Not Evidence of Legality. The inventory shall identify all general advertising signs located within the City that the general advertising company owns and/or operates under a lease, license or other agreement whether or not those signs can be proved to be lawfully existing. Inclusion of a sign on the inventory shall not be considered evidence that a sign is lawfully existing. For purposes of this Section, a "general advertising sign company" shall mean an entity that owns a general advertising sign structure, as distinguished from the person or entity that owns the property on which the sign is located. (c) The initial sign inventory required by subsection (a) above shall include a site map that shows the location of all signs identified in the inventory, and shall provide the following information for each sign: (1) The location of the sign by street address, by block and lot, and by nearest intersection; (2) A photograph of the sign in its existing location on the lot, specifically identifying the sign; (3) The date of original erection or installation of the sign, if known; (4) The permit number or in-lieu identifying number issued by the Department pursuant to Section 604.1(c) of this Code; (5) The approved and existing area, dimensions, height, and any other special features of the sign such as illumination or movement; (6) The type of sign, as defined in Section 602 of this Code; (7) Evidence that the sign has not been removed and still exists at the authorized location, and that the sign company is the owner of the sign structure; (8) Permit number and, in the case of subsequent modifications of the sign, including, but not limited to, illumination, permit application number or permit number; (9) Evidence that the sign still is in use for general advertising; and (10) Information, if known, whether the sign had a prior use as a non-general advertising sign, including, but not limited to, a business sign or exempt sign, and the duration of such prior use. (d) Affidavit. The general advertising sign company shall submit with the inventory an affidavit signed under penalty of perjury by a duly authorized officer or owner of the sign company stating that: (1) The sign inventory and site map are current, accurate, and complete to the best of his or her knowledge; (2) The officer or owner believes, after the exercise of reasonable and prudent inquiry, that all signs on the inventory have been erected or installed with an appropriate City permit or have an in-lieu identifying number granted by the Director of Planning; (3) The general advertising sign company is the owner of all sign structures listed on the inventory. (e) Inventory Update. Any general advertising sign company that has submitted an initial sign inventory pursuant to subsection (a) above shall be responsible for keeping its inventory updated by reporting in writing to the Department the sale or removal of any general advertising sign identified in the inventory, the purchase of a sign from another sign company or owner, or the relocation of a sign pursuant to a Relocation Agreement and conditional use authorization. Such reporting to the Department shall be made within 30 days of the actual sale, removal, purchase, or relocation of the sign. The fee charged to a sign company for an update to its initial sign inventory shall be the fee per sign structure set forth in Section 358 of this Code. (f) Inventory Processing Fee. With the submission of the initial sign inventory required by subsection (a) above, the general advertising sign company shall pay the inventory processing fee set forth in Section 358 of this Code. After payment of this initial inventory processing fee, the general advertising sign company shall annually pay an inventory maintenance fee as set forth in Section 358. The Department shall use the inventory processing fee solely for the following purposes: (1) To compensate the Department for its costs in verifying that the signs identified in the corresponding inventory are lawfully existing; (2) To obtain removal, through abatement actions or other Code enforcement activities, of any signs included on the inventory that the Department determines to be existing illegally. (g) Departmental Notification of Failure to Submit Complete Inventories. The Department shall notify in writing those sign companies that have not submitted or have submitted incomplete sign inventories, or have not timely submitted an inventory update. (1) Within 30 days of the date of notification provided under Subsection (g), the sign company shall submit a complete inventory with the inventory processing fee and a penalty of $580.00 per sign for those signs that were not identified or those improperly identified.

(2) If the sign company fails to submit the complete inventory with the processing fee and full penalty amount provided in Subsection (g)(1), then, within 60 days of the date of notification provided under Subsection (g), the penalty will increase to $1,160.00 per sign for those signs that were not identified or those improperly identified. (3) Any penalties assessed pursuant to Subsections (g)(1) and (2) above, are appealable to the Board of Appeals. (4) The Board of Appeals, in reviewing the appeal of the penalty assessed may reduce the amount of the penalty if the Board of Appeals finds that the sign owner: (i) was not properly notified or (ii) had previously submitted a sign inventory that included the signs for which the penalty was assessed. The Board of Appeals also may reduce the amount of the penalty if it finds that any action on the part of the Department resulted an improper assessment of the penalty charge. (5) If the sign company fails to submit the full penalty amount assessed pursuant to Subsections (g)(1) and (2) or as modified by the Board of Appeals pursuant to Subsections (g)(3) and (4), the Planning Department shall request the City's Treasurer/Tax Collector to pursue the outstanding penalties after 90 days of the date of notification provided under Subsection (g). (6) All penalty revenues received shall be deposited in the Code Enforcement Fund. (h) The Department shall submit to the Commission and the Board of Supervisors an annual report that includes: (i) annual revenues from the inventory processing fee, annual inventory maintenance fee, in-lieu application fee, and the relocation agreement application fee, (ii) annual expenditures for the sign inventory program, and (iii) a progress report on the number of general advertising signs verified in the sign inventory; in-lieu requests; and Code enforcement actions for general advertising signs processing, backlog, and abatement actions. (Added by Ord. 140-06, File 052921, App. 6/22/2006; Ord. 200-06, File No. 060849, App. 7/21/2006) SEC. 605. PUBLIC USE DISTRICTS. Business signs in P Districts shall be subject to the controls of this Article 6 for the zoning district nearest the location of the proposed sign, other than Public Districts or Residential Districts. No general advertising sign, other than those signs exempted by Section 603 of this Code, shall be permitted. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 285-94, App. 8/2/94; Ord. 80-14 , File No. 140062, App. 6/13/2014, Eff. 7/13/2014) AMENDMENT HISTORY Section amended; Ord. 80-14 , Eff. 7/13/2014. SEC. 606. RESIDENTIAL AND RESIDENTIAL ENCLAVE DISTRICTS. (See Interpretations related to this Section.) Signs in Residential and Residential Enclave Districts, excluding the Residential Transit Oriented-Commercial (RTO-C) District, and other than those Signs exempted by Section 603 of this Code, shall conform to the following provisions: (a) General Provisions for All Signs. (1) No sign shall project beyond a street property line or legislated setback line, or into a required front setback area. (2) No sign shall have or consist of any moving, rotating or otherwise animated part, or (if permitted to be illuminated) any flashing, blinking, fluctuating or otherwise animated light. (3) No roof sign, wind sign, or general advertising sign shall be permitted. (4) No sign shall extend above the roofline of a building to which it is attached, or above a height of 12 feet, except as permitted below. (b) Signs for Uses Permitted in Residential and Residential Enclave Districts. The following types of signs, subject to the limitations prescribed for them, shall be the only signs permitted for uses authorized as principal or conditional uses in R and RED Districts, except that signs for any commercial establishments shall be subject to the limitations of Paragraph (c) below. (1) One nonilluminated or indirectly illuminated nameplate for each street frontage of the lot, not exceeding a height of 12 feet, and having an area not exceeding one square foot in RH Districts or two square feet in RM or RED Districts. (2) One identifying sign for each street frontage of the lot, not exceeding a height of 12 feet, and meeting the following additional requirements: (A) In RH Districts: nonilluminated or indirectly illuminated only; maximum area 12 square feet; (B) In RM, RTO or RED Districts: maximum area eight square feet if directly illuminated, and 20 square feet if nonilluminated or indirectly illuminated. (3) Sale or Lease Signs. One temporary nonilluminated or indirectly illuminated sale or lease sign for each street frontage of the total parcel involved, not exceeding a height of 24 feet if freestanding and not above the roofline if attached to a building, and having an area not exceeding six square feet for each lot or for each 3,000 square feet in such total parcel, whichever ratio permits the larger area, provided that no such sign shall exceed 50 square feet in area and any such sign exceeding 18 square feet in area shall be set back at least 25 feet from all street property lines. Any sale or lease sign shall be removed within seven days following removal of the property from the market. (4) Construction Signs. Temporary nonilluminated signs of persons and firms connected with work on buildings under actual construction or alteration, giving their names and information pertinent to the project, not exceeding a height of 12 feet, with the combined area of all such signs not to exceed 10 square feet for each street frontage of the project. (c) Business Signs for Limited Commercial Uses. For Limited Commercial Uses, as described in Section 186 of this Code, and for Limited Corner Commercial Uses, as permitted by Section 231, the following controls shall apply: (1) Wall Signs. One wall sign is permitted for each street frontage occupied by the use, placed flat against the wall that faces such street and not located above the ground floor. Such sign shall not exceed an area of one square foot for each linear foot of street frontage occupied by the building or part thereof that is devoted to the commercial use or 50 square feet per street frontage, whichever is less. Any such sign may be nonilluminated or indirectly illuminated. (2) Window Signs. Window Signs are permitted. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated or Indirectly Illuminated. (3) Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as defined in Section 602.1(a), shall not exceed six square feet. The height of such sign shall not exceed 14 feet, or the height of the lowest residential windowsill above the commercial use, whichever is lower. No part of the sign shall project more than 75 percent of the horizontal distance from the street property line to the curbline, or four feet, whichever is less. Any such sign may be nonilluminated or indirectly illuminated. (4) Signs on Awnings. Sign copy may be located on permitted awnings in lieu of wall signs and projecting signs. The area of such sign copy as defined in Section 602.1(c) shall not exceed 20 square feet per business. Such sign copy may be nonilluminated or indirectly illuminated. (5) Illumination. Any illumination permitted for signs covered by this Subsection (c) shall be extinguished at all times when the commercial use is not open for business. (d) Signs for Other Nonconforming Uses. Any illumination permitted for signs covered by this Subsection (d) shall be extinguished at all times when the nonconforming use is not open for business. (1) Automobile Service Stations. The following business signs are permitted for an automobile service station. Any such signs may be nonilluminated or indirectly or directly illuminated. Directly illuminated signs may be illuminated only during open business hours. (A) A maximum of two oil company signs, which shall not extend above the roofline if attached to a building, or exceed a height of 24 feet if freestanding. The area of any such sign shall not exceed 180 square feet, and along each street frontage all parts of such a sign or signs that are within 10 feet of the street property line shall not exceed 80 square feet in area. The areas of other permanent and temporary signs as covered in Subparagraph 606(d)(1)(B) below shall not be included in the calculation of the areas specified in this Subparagraph. (B) Other Permanent and Temporary Signs Customarily Incidental to the Service Station Business. No such sign shall extend above the roofline if attached to a building, or