Division 26. Sign Ordinance.

Section 26.11. Sign permit required.

(a) Allowed temporary and allowed permanent signs of the type described in Section 26.26 shall be exempt from sign permitting hereunder.

(b) No sign permit shall be issued for the erection of a prohibited sign.

(c) Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee paid to the city. All sign permits for permanent signs must be renewed and the appropriate renewal fee paid pursuant to Section 26.13. The sign permit is in addition to any building permit required to be obtained pursuant to the provisions of the Florida Building Code.

(d) A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this division and this code.

Section 26.12. Application.

(a) A sign permit application for a permanent sign shall be made upon a form provided by the city. The sign permit application is in addition to any building permit application required by the Florida Building Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by Division 5 of the Land Development Code. The applicant shall furnish the following information on or with the sign permit application form:

(1) The legal description of the real property where the sign is proposed to be located.

(2) The zoning district for the real property on which the sign will be located.

(3) The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.

(4) A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.

(5) The name, mailing address and telephone number of the sign contractor.

(6) Type of proposed sign (e.g. attached wall sign, freestanding monument sign).

(7) The square footage of the surface area of the proposed sign.

(8) The setbacks for the proposed sign.

(9) The cost of the proposed sign.

(10) If the proposed sign is a freestanding sign:

a. The lot frontage on all adjacent street rights-of-way.

b. The dimensions of the supporting structure.

c. The height of the proposed sign.

(11) If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.

(12) The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.

(13) If the proposed sign is to be an illuminated sign, the type, placement, intensity and hours of operation.

(b) An applicant shall deliver a sign permit application for a permanent sign to the City’s Chief Building Official, or such other person as may be designated by the City. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this division and any applicable zoning law. The review of the sign permit application shall be completed within ten calendar days, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within ten days following submission, the applicant may appeal to the Development Review Board or the City Commission, as appropriate. Any appeal shall be heard and a decision rendered within the time frames specified in this division for appeals.

Section 26.13. Fees.

(a) Initial application fees. Every person making an initial application for a sign permit shall pay fees to the city at the time of approval of the application. The fees shall be established by resolution of the city commission and shall be as stated in appendix A to this Code. Fees shall be charged for the following:

(1) Sign permit fee of $1.00 per square foot of sign area.

(2) Building permit fee calculated on the cost of construction..

(3) Plan review fee that is based on 50 percent of the building permit fee.

(4) On applications submitted between April 1 and September 30, the sign fee shall be reduced; however, the permit and plan review fees shall be based on the full amount which would have been due prior to April 1.

(b) Annual renewal fee. All sign permits shall be renewed annually. Renewal of fees shall be due and payable on or before October 1 each year. The renewal fee for sign permits shall be as established by resolution of the city commission and are listed in Appendix A to the code. Fees shall be charged as follows:

(1) Per square foot of sign area.

(2) If any sign permit is not renewed on or before October 1 of each year, in accordance with this division, a delinquency penalty shall be charged in the amount of ten percent for the month of October, plus an additional five percent penalty for each month of the delinquency thereafter until the sign permit has been renewed and all fees and penalties are paid to the city. However, a delinquency penalty shall not exceed 25 percent of the renewal fee for a sign permit normally charged for the sign for which the particular permit is required.

(3) Nothing contained in this section shall be construed as to prohibit the city from taking appropriate legal action, including the filing of legal proceedings in a court of competent jurisdiction, to enforce this section. The requirements of this division are not exclusive, and the city shall be entitled to impose a delinquency penalty and also seek a remedy from a court of competent jurisdiction at one and the same time, if it so chooses.

Section 26.14. Conditions.

(a) Duration of permit. Each sign permit shall be valid for a period of one city fiscal year (October 1 through September 30). If the work authorized under a sign permit has not been completed within six months after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required. However, for just cause, one renewal period of 90 days may be granted.

(b) Maintenance of signs.

(1) All visible portions of a sign and its supporting structure shall be maintained in a safe condition, and neat appearance according to the following:

a. If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.

b. If the sign is painted, the painted surface shall be kept in good condition.

c. Every sign shall be kept in such manner as to constitute a complete or whole sign.

(2) Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. As provided in Section 26.11, a lawfully-erected non-conforming sign shall not be structurally altered except in full conformance with this division.

Section 26.15. Appeals to Development Review Board.

(a) Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this division or any other provision of this Code pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Development Review Board.

(b) The written appeal shall be filed with the Development Review Board within thirty days of the date of the alleged error. The written appeal shall describe the alleged error and the applicable provisions of the Code pertaining to the administrative official’s order, action, decision, determination, requirement, or failure to act.

(c) The Development Review Board shall hold a hearing within thirty days following receipt of the written appeal.

(d) The Development Review Board shall render a written decision within ten days following the hearing.

(e) The Development Review Board shall comply with all applicable rules of conduct and procedures outlined in Article II of Chapter 22 of the St. Pete Beach Code of Ordinances pertaining to zoning, not inconsistent with the provisions in this section.

(f) In the event that the Development Review Board fails (1) to hold a hearing on the appeal within the time frame set forth herein, or (2) fails to render a decision on the appeal within the time frame set forth herein, the sign permit shall be issued.

Section 26.16 Appellate Decisions Deemed Final, Subject to Common Law Certiorari Review to Circuit Court.

The appellate decisions of the Development Review Board pursuant to Section 26.15, above, shall be deemed final, subject to judicial review by common law certiorari to the circuit court by any aggrieved party.