BIRMINGHAM, Alabama – City of Birmingham officials dispute claims by Harbert Realty and Buffalo Rock that Design Review Committee approval is not needed for a giant vinyl Pepsi sign to cover up the landmark lighted sign atop the Two North Twentieth building downtown.

Edwin Revell, deputy director with the Department of Planning Engineering and Permits, said in an email that Harbert must be misunderstanding what department officials told the company regarding the sign.

“While there is not a permit requirement associated with wrapping the sign, this structure/property is located in a design review district with restrictions for signs as it relates to advertisement,” Revell said in the email. “As such, Design Review Committee approval has been and is still required.”

Revell said the proper procedure would have been for Harbert to go back through the Design Review Committee process with a new plan or appeal the rejection the covered sign plan received last July.

“It is worth noting that the applicant presented its initial concept to the Design Review Committee for its approval last year and the committee denied it,” Revell said. “Subsequently, the applicant was advised of the appeal rights but has yet to file an appeal and should not be performing any sign-related work without having received the approval of the Design Review Committee or its appeals body.”

PepsiCo and Buffalo Rock are replacing the lighted sign atop Two North Twentieth with a 176-foot by 57-foot Pepsi sign slated to look like this. (courtesy of Buffalo Rock)

The 176-foot by 57-foot sign atop the 17-story sign was turned off last week and scaffolding was erected over the weekend to allow today’s installation of the the blue Pepsi sign proclaiming it “A Southern Original.” Officials said it is one of the largest outdoor signs in the country and the largest double-sided vinyl sign outside of New York and Las Vegas.

Buffalo Rock is one of the nation's largest Pepsi distributors.

Installation work of the new sign was proceeding this afternoon.

Sam Frazier, chairman of the Design Review Committee, said zoning and the planning department set the wider parameters but any project within a design review district has to win approval for any substantive changes before work can begin.

“You have to comply with the process if you are in one of these districts,” he said.

Frazier said the committee had multiple work sessions with Harbert and Buffalo Rock regarding the sign plan and at one point were close to a solution.

“What they had presented was an historic scene of Birmingham with a discreet Pepsi logo,” Frazier said. “What they presented at the committee meeting was just a great big Pepsi sign.”

Harbert, citing a letter from the planning department, said because the dimensions of the sign will not change, a new permit is not required and neither is Design Review Committee approval.

Harbert Realty no longer owns the building but still owns the sign. David Williams, chief operating officer, said the company is spending close to $500 per month just to replace light bulbs in the sign. He said the company explored replacing the sign with an LED or digital video sign of the same size, but that would cost $4 million, which Harbert isn’t prepared to spend now.

Laura Kate Lindsey, spokeswoman for Buffalo Rock, said they are proceeding with Harbert's assurance they are operating legally.

"In this context, Buffalo Rock is a customer of Harbert Realty," she said. "They have -- to our knowledge -- satisfied all approvals necessary of this sign installation."

Comments to a story this morning announcing Harbert and Buffalo Rock's plans on AL.com have been mostly against the plan.

“Ugh. Just ugh,” a commenter under the name Southern Gent posted.

“Well this is going to look terrible. Thanks for your contributions to making Birmingham look like a theme park, Harbert,” BirminghamRocks posted.

“This is absolutely awful,” ScenicAlabama posted. “Billboards on top of buildings are not allowed under our sign ordinance, and many of the old ones have thankfully come down. How can a giant advertisement possibly be an improvement?”

Others didn’t find the plan as objectionable.

“This isn't so bad, but a video board would potentially be cool,” Tyler Lahti posted.

The sign being installed today differs from the last one presented to the Design Review Committee, which featured "Birmingham" prominently in the sign. Lindsey said the new sign better reflects the new Pepsi advertising campaign.

"Our local communities will see this in all of our local events and marketing," she said. "It ties into our national and regional Pepsi marketing campaign that we are so proud of."