A. Downtown Sign Design Standards Adopted: The downtown sign design standards are hereby adopted and on file in the City. In the event of a conflict between the downtown sign design standards and this section, this section shall govern. In the event of a conflict between the downtown sign design standards and other provisions of this chapter, the downtown sign design standards shall govern.
B. Purpose And Intent: The purpose and intent of the downtown sign design standards is to promote economic vitality and enhance property values and the visual environment in the downtown, protect and promote the historic character of the downtown through appropriate sign design, and encourage unique, creative, and innovative signs that are compatible and coordinated, making the downtown more unified.
C. Downtown Design Board (DDB): If created by City Council, the following provisions shall apply:
1. Composition: The City Council may create a Downtown Design Board (DDB). If the City Council does create such a board, the DDB shall be composed of those appointed by City Council to serve as the voting members of the DDB Board of Directors (DDB Board). The DDB bylaws, to be adopted, may provide that the DDB Board is comprised of seven (7) voting members appointed by the City Council and two (2) ex officio members. The bylaws shall also provide that one DDB Board member is a member of the City Council, and the remaining board members are people who reside in, or represent businesses located in, the downtown area.
2. Executive Director: The Executive Director ("Director") of the DDB shall be the person appointed by the DDB Board, with approval by the City Council, to be the Executive Director of the DDB. This officer is an employee and the Chief Executive Officer of the DDB and has general supervision over its functions, and is not a member of the DDB Board.
3. Design Advisory Committee: The DDB shall appoint a Design Advisory Committee (DAC) to advise the DDB and the Director on any sign- or other design-related matters at the request of the DDB or the Director.
D. Downtown Sign Compliance Certificate Required: The City shall not issue a sign permit under this chapter for display within the downtown area unless it has received a certificate of compliance with the downtown sign design standards pursuant to this chapter. No such certificate of compliance shall be issued unless the applicant demonstrates that the proposed sign meets the requirements of the downtown sign design standards. All sign and face changes in the downtown area, except changeable copy changes on marquee signs and handbill display changes, require a new sign permit, including a new certificate of compliance. Minimum submittal requirements and applications for compliance certificates are available at the City offices. Fees for compliance certificates shall be established, and from time to time revised, by resolution of the DDB.
E. Exemptions: Any permit exempt from the permit requirements of this chapter is also exempt from this section. Any permanent window sign to be displayed in the downtown area, or any changes to such a window sign requires DDB approval.
F. Certificate Procedure:
1. Application Submittal And Review:
a. For all signs subject to review under the downtown sign design standards, an application shall be submitted to the Director at the DDB offices.
b. The Director shall review the application for completeness and conformity with the downtown sign design standards. The Director may request individual written comments from DAC members at any time, without convening the full DAC.
2. Director Action: Within seven (7) days of the DDB's receipt of a complete application, the Director shall take one of the following actions:
a. Approve a certificate of compliance for the application, with or without conditions.
b. Deny a certificate of compliance for the application.
c. Request an advisory opinion from the DAC. An opinion shall issue only if it is approved by majority vote, and shall be supported by written findings. The DAC shall issue its opinion within seven (7) days of the Director's request, and the Director shall take action within seven (7) days thereafter. After receiving such an opinion, the Director shall have options listed in subsections F2a, F2b and F2d of this section.
d. Refer the application to the DDB. In this case, the DDB shall decide, by majority vote, at the next regular monthly DDB meeting, but in no event more than forty five (45) days after the DDB's receipt of the complete application, whether the application conforms to the downtown sign design standards, and accordingly whether to approve, approve with conditions, or deny a certificate of compliance for the application. A tie vote of the DDB results in a denial.
3. Notice To Applicant: The Director shall send written notice to the applicant within seven (7) days of any decision to approve, approve with conditions, or deny the certificate, or refer the application to the DDB.
4. Appeal: The applicant may appeal to the DDB a Director's decision to approve with conditions or deny a permit application by letter to the Director within fourteen (14) days of the Director's decision. In such case, the DDB shall review the Director's decision de nova under the procedure provided in subsection F2d of this section. On appeal, the DDB shall decide whether to approve, approve with conditions, or deny the permit. No appeal is permitted from a DDB decision, except as provided by State law.
5. Waiver Of Appeal: The applicant may waive appeal rights in writing to expedite the City's decision making process on the sign permit.
G. Modifications: The applicant may request a modification, a right to deviate from the downtown sign design standards, in a letter with the application stating all reasons for the modification. For any application requesting such a modification, the Director shall first obtain an advisory opinion from the DAC pursuant to subsection F2c of this section. Otherwise, the process shall be as stated in subsection F of this section. The Director or DDB shall approve a certificate of compliance, with or without conditions, for an application requesting modifications only if each deviation from the downtown sign design standards meets either the criterion in subsection G1 of this section or all criteria in subsections G2 through G4 of this section, as follows:
1. Special circumstances exist on the subject property such that the strict application of the downtown sign design standards would result in undue practical difficulties for the applicant.
2. The modification is consistent with the purposes of the downtown sign design standards and will not adversely impact surrounding properties.
3. The modification represents a creative alternative design in which sign colors, materials, design, size, height, illumination, and number of signs are appropriate and compatible with the buildings, structures, and other features on the site.
4. The proposed signs will not negatively affect the visual character of the area, cause future modification requests, or contribute to degradation of the visual environment through sign proliferation.
(Ord. 2182, 5-7-2019; amd. Ord. 2239, 6-6-2023)