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In the case of special circumstances or conditions where the strict application of the requirements of this chapter would deprive a property owner of a reasonable right to have signage, the Planning Commission shall have the power to vary or adapt the requirements of this chapter. In granting a variance the Planning Commission may prescribe appropriate conditions and safeguards to ensure conformity with the surrounding neighborhood. A variance may only be granted if the Commission finds the following:
(A) Special circumstances and conditions. There are special circumstances or conditions, fully documented in the findings, that are peculiar to the land and/or building and do not generally apply to land and buildings in the surrounding neighborhood.
(B) Minimum variance. The variance granted by the Planning Commission shall be the minimum variance needed to accomplish the purpose.
(C) Absence of detriment. The granting of the variance will be in harmony with the general purpose and intent of the chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(D) Not of a general nature. The condition or situation of the specific piece of property is not so general as to make reasonably practical the formulation of a general regulation for the condition or situation.
(E) Action of applicants. That the special conditions or circumstances did not result from the actions of the applicant.
(Ord. 24-1990, passed 9-17-90; Am. Ord. 22-1996, passed 10-7-96; Am. Ord. 16-2002, passed 10-7-02)
The Board of Zoning Appeals shall hear and rule on appeals filed in relationship to this chapter.
(A) Administrative review. The Board of Zoning Appeals shall have the power to hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the administrative official or the City Planning Commission in the interpretation of the provisions of this chapter. A hearing shall occur within 14 days after the Board of Zoning Appeals receives the written appeal. A written decision by the Board of Zoning Appeals shall be made within 14 days after close of the appeal hearing. Any further appeal shall be to a court of competent jurisdiction, and shall be filed with that court within 30 days after the date of the Board's decision.
(B) All applications and appeals to the Board of Zoning Appeals shall be made on forms provided by the Administrative Official and shall be accompanied by such data and information as will assure the fullest practicable presentation of the facts for the permanent record.
(Ord. 24-1990, passed 9-17-90; Am. Ord. 22-1996, passed 10-7-96; Am. Ord. 16-2002, passed 10-7-02)
All signs shall be subject to the inspection and approval of the City Manager and all permits are mere licenses subject to revocation by the City Manager. When the City Manager finds that a sign for which a permit has been issued is in violation of the permit conditions or a sign has been installed without a permit, he or she shall proceed per § 90.99.
(A) Signs, current. Any sign advertising or identify in a bonafide business or product no longer being conducted or sold, shall be removed within a reasonable time period established by the City Manager. On failure to comply with such notice within the time specified, the City Manager shall cause the removal of the sign and any expense incurred shall be paid by the permit holder.
(B) Signs, hazardous. The City Manager may cause any sign which is an imminent hazard or immediate peril to the safety, health, and welfare of persons or property to be removed summarily and without notice. This section shall not be construed to prevent the repair or restoration to a safe condition as directed by the building official or any part of an existing sign when damaged by storm or other accidental emergency.
(C) Signs, relocated. Any sign that is moved to another location either on the same or to other premises shall be considered a new sign and a permit shall be secured for any work performed in connection therewith when required by this chapter.
(D) Signs, removing or reconstructing. A sign heretofore approved and erected shall not be repaired, altered, or removed, reconstructed, rebuilt, or relocated unless it is made to comply with all applicable requirements of this chapter.
(E) Signs, maintenance. All signs for which approval is required, together with all their supports and anchors, shall be kept in repair in accordance with the provisions of this chapter, and when not galvanized or constructed of approved corrosion-resistive, noncombustible materials shall be painted when necessary to prevent corrosion, deterioration, or a disorderly appearance.
(Ord. 24-1990, passed 9-17-90; Am. Ord. 22-1996, passed 10-7-96; Am. Ord. 16-2002, passed 10-7-02) Penalty, see § 90.99
(A) Improper display. Except for signs within the scope of §§ 90.11, 90.14 and 90.16 any person, firm, or organization erecting or displaying signs or causing signs to be erected or display or failing to remove or repair any sign found to be in violation of any provision of this chapter within five days after receiving written notice of said violation shall be subject to a fine of not more than $100. Receipt of such written notice together with a copy of an applicable section of this chapter shall serve to put the recipient on notice with respect to the requirement of this chapter and shall obviate the need for additional notice of the same or similar sign. Each day's violation shall be a separate offense.
(C) Signs in public right-of-way. Other than signs in compliance with § 90.11 the City Manager shall cause the removal of signs located in public rights-of-way without prior notice to the violator. The cost of the removal shall be charged to the violator in addition to other penalties imposed by this section.
(D) Failure to remove or alter. If the owner or occupant fails to remove or alter a sign found by the city not to comply with the standards herein set forth within five days after such notice from the City Manager, the City Manager may have such sign moved or altered at the expense of the owner or occupant of the property.
(E) Failure to obtain permits. Failure to obtain permits before starting work. Any person who shall commence any installation of a sign for which a permit is required by this chapter without first having obtained a permit therefore shall, if legally authorized and subsequently allowed to obtain a permit, pay double permit fee.
(F) No refunds will be made if the amount claimed equals $5 or less. The foregoing not withstanding, the city manager is granted the discretionary authority to order a refund, including but not limited to an amount of $5 or less, where deemed to be reasonable and appropriate.
(Ord. 24-1990, passed 9-17-90; Am. Ord. 22-1996, passed 10-7-96; Am. Ord. 16-2002, passed 10-7-02; Am. Ord. 03-2006, passed 3-6-06)
The maximum total sign area permitted per lot shall be limited to the amount of area as listed in Table 16-A below. A bonus of 100 square feet of sign area will be granted in cases where a ground sign is used in lieu of a pylon sign.
MAXIMUM TOTAL PERMANENT SIGN AREA | ||
Zone | Maximum Total Area Permitted | Bonus** |
RS* RM O HS PB* M, IP | 12 sq. ft. 72 sq. ft. 200 sq. ft. 250 sq. ft. 250 sq. ft. 200 sq. ft. | N/A N/A N/A 100 100 N/A |
* Enclosed Shopping Malls and Strip Retail Centers are exempt from the Maximum Total Signage Area requirements. Such signage must be in accordance with an approved Comprehensive Signage Plan.
** The bonus only applies in cases when a ground sign is substituted for a pylon sign. The bonus will not apply in cases where only wall signs are utilized.
SIGNAGE LIMITS PER SIZE | ||||||
SIGN | DISTRICTS PERMITTED | MAXIMUM HEIGHT | MAXIMUM AREA | MINIMUM SET BACK ft. | OTHER | |
ROW | OTHER PARTY LINE | |||||
Pole/Pylon Ground | PB, HS PB, HS, O M, IP, RS, RM | 22 ft. 9 ft. 6 ft. | 100 sq ft/face 90 sq ft/face 72 sq ft/face | 5 ft. 5 ft. 5 ft. | 20 ft. 10 ft. 10 ft. | Maximum of two faces Maximum of two faces Maximum of two faces |
Canopy Marquee Roof Integral Projecting Suspended Wall Window | O, HS, PB, M, IP HS, PB, M, IP PB,HS O, HS, PB, M, IP HS, PB O,PB,HS,M,IP, RS, RM O, HS, PB, M, IP, RS, RM | na na na na na na na | 10% of bldg ele. 10% of bldg ele. 10% of bldg ele. 20 sq ft/face 3 sq ft/face 10% of bldg ele. na | na na na na na na na | na na na na na na na | minimum 7.5 ft. above grade Permitted only in retail shopping centers minimum of 5 ft between signs |
Banner Other Temp. | O,HS,PB,M,IP, RS, RM O, HS, PB, M, IP, RS, RM | na 6 ft. | 60 sq ft/face 32 sq ft/face | na 5 ft. | na 0ft. | maximum of one face, wall mounted |
Bldg. Ele. - area being the total area of the building elevation or the tenant space.
na - Not applicable
ROW - public right-of-way