(1) Prior to erecting the sign or sign structure, the owner or owners of the sign and sign structure must obtain a right-of-way use permit in advance. The city shall make available one or more forms to be used by applicants seeking a right-of-way use permit. The owner or owners of the sign and sign structure must continually comply with and fulfill the terms and conditions of an issued right-of-way use permit at all times, and also must immediately and fully remove the sign or sign structure if the right-of-way use permit expires, lapses or is otherwise terminated.

(2) The highest edge of the sign or sign structure shall not exceed the highest edge of the structure or building to which it is attached, if any, by more than one-third.

(3) The sign and sign structure shall not project within two feet of the curb line and shall also conform to the following maximum projection standards:

(4) Only one projecting sign and one associated projecting sign structure shall be allowed per tenant space or building frontage.

(5) No sign or sign structure shall obstruct or impair access to a public sidewalk, pedestrian walking path, public or private street or driveway, traffic control signal, bus stop, fire hydrant, bench or any type of street furniture, or otherwise create a hazard.

(1) For public rights-of-way along Jim Clements Way, North Wenas Avenue, North First Street and South First Street, signs and sign structures may be installed in, on or upon a public right-of-way without any necessity of seeking or obtaining permission from the city. The city does not have any option to potentially disallow all or certain signs or sign structures (that otherwise comply with this chapter) from being installed in, on or upon such specific location(s). This chapter does not give any property owner(s) any option to potentially disallow all or certain signs or sign structures (that otherwise comply with this chapter) from being installed in, on or upon such specific location(s).

(2) For public rights-of-way along or at any other location(s) other than those specified in subsection (b)(1) of this section, signs and sign structures may not be installed in, on or upon a public right-of-way.

(3) No sign or sign structure shall be placed in, on or upon any vehicular traffic travel lane, roadway, road shoulder, road median, road roundabout or other right-of-way location or area that is not legally and safely accessible by a sidewalk or pedestrian walking path.

(4) No sign or sign structure shall be placed in, on or upon any sidewalk or pedestrian walking path. Instead, signs and sign structures shall be installed in, on or upon the grass, vegetation bed locations without live vegetation or bare ground when they are installed in, on or upon a public right-of-way.

(5) No sign or sign structure shall obstruct or impair access to a public sidewalk, pedestrian walking path, public or private street or driveway, traffic control signal, bus stop, fire hydrant, bench or any type of street furniture, or otherwise create a hazard.

(6) No sign or sign structure shall materially obstruct or impair access to any property, building, structure, facility or parked vehicle.

(7) City agents and employees may, to the extent necessary, temporarily remove signs and sign structures for any duration on any date or dates in order to clean or otherwise maintain a public right-of-way or any other property or location. City agents and employees shall endeavor, to the extent possible, to not damage or destroy any sign or sign structure while removing it. City agents and employees shall, to the extent possible, reinstall the signs and sign structures that are or were removed pursuant to this subsection at the same location or a substantially similar nearby location after the work is complete. If any sign or sign structure that is or was removed pursuant to this subsection cannot be so reinstalled for any reason, it shall be held at the public works department for the duration specified in subsection (b)(8) of this section pending potential retrieval by someone claiming ownership.

(8) The deadline to physically retrieve any sign or sign structure that the city removed from any public right-of-way for any reason is five p.m. on the second Friday after the date that the sign or sign structure was removed by the city. The city shall have no obligation to notify or seek out a putative owner, nor any obligation to confirm that a professed owner is in fact a true owner, of any sign or sign structure. The city will relinquish a sign or sign structure to the first person who appears at the public works department and credibly professes ownership. No person or entity shall be entitled to any compensation or relief if a city agent or employee unavoidably damages or destroys a sign or sign structure while removing it, nor if the city disposes of a nonretrieved sign or sign structure after the applicable retrieval deadline has expired, nor if the city relinquishes a sign or sign structure to a person or entity who falsely professed ownership. (Ord. 2134, § 1, 2021.)