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(A) The applicant or any aggrieved person may appeal, in writing, setting forth his reasons for such appeal, to the Planning Commission. Such appeal shall be filed with the Planning Director within 15 days after the receipt of the notice of such decision. The appeal shall be placed on the agenda of the Commission’s next available regular meeting after the appeal is filed. The Commission shall review the sign review permit and shall approve, approve with conditions, or disapprove, based on the criteria set forth in § 10-6.15(e). The decision of the Commission shall be final unless appealed to the Council.
(B) The applicant or any aggrieved person may appeal, in writing, setting forth his reasons for such appeal, to the Council within 15 days after the Commission’s decision. The appeal shall be filed with the City Clerk and shall be placed on the agenda of the Council’s next available regular meeting after the appeal is filed. The Council shall review the sign review permit and shall approve, approve with conditions, or disapprove, based on the criteria set forth in § 10-6.15(e). The decision of the Council shall be final.
(C) The appellant or his authorized representative shall appear in person at the appropriate Planning Commission hearing and/or the Council hearing. If no such appearance is made by the appellant or his or her authorized representative, and no continuance of such hearing has been sought, the appeal shall be automatically denied.
(Ord. 864 C.S., passed 11-4-09)
(A) The Planning Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the signing of such site or building.
(B) In all cases, consideration of the minor adjustment must result from a practical difficulty or unnecessary hardship, and findings of said practical difficulty or unnecessary hardship shall accompany any application for minor adjustment, to include justification of the nature of and need for the minor adjustment.
(C) The minor adjustment process may be used where the applicant desires one or more adjustments from the requirements of this chapter provided the total amount of adjustments is limited to 25 percent of the allowed sign area. The Planning Director may allow adjustments within the limits listed in this section. Appropriate findings consistent with the purpose and intent this chapter shall be made a part of the motion to grant an adjustment.
(E) The minor adjustment process may be used for:
(1) Additional area to:
(a) Overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;
(b) Achieve an effect which is essentially architectural, sculptural, or graphic art and which, in the opinion of the Planning Director, enhances the sign and site’s development;
(c) Permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result;
(d) Allow a sign compatible with other conforming signs in the vicinity; and
(e) Establish the allowable amount and location of signing when no street frontage exists or when, because of an unusual lot shape (for example, a panhandle lot), the street frontage is excessively narrow in proportion to the average width of the lot.
(2) Alternative locations.
(a) On site. To transfer from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
(b) Lots not fronting on any street. Sign review by the Planning Director shall be required for all such signs. Under sign review, approval may be given for the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street; and
(c) Other. Additionally, alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure.
(3) Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.
(F) The procedure for a minor adjustment to this chapter is as follows. All minor adjustments for signage shall be referred to the Planning Department for review by the Planning Director, to include:
(1) A completed application;
(2) Statement of justification and findings;
(3) A fee set by the City Council; and
(4) Three sets of scaled drawings to include:
(a) Scaled plot plan of the subject property, identifying the location of all proposed signs;
(b) Scaled drawings of all proposed signage with sign size(s) calculated;
(c) Scaled drawings of all building elevations to include all existing and proposed signs; and
(d) All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, and other information which may be needed to determine that the provisions of this chapter have been satisfied.
(G) Upon approval of a minor adjustment by the Planning Director, property owners and business operators existing at such time, located adjacent to the affected property or within 300 feet from the location of the sign, shall be notified of the decision, explaining the adjustment and noting the appeal process. The decision shall not take effect until the appeal period ends.
(H) Appeals for adjustments shall be processed the same as those listed for sign review permits in § 10-6.18.
(Ord. 864 C.S., passed 11-4-09)
(A) Illegal signs. Every sign in existence on January 1, 2010 and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Failure to remove such signs shall be a violation of this chapter. Signs which are not constructed, maintained, or displaced pursuant to the requirements of this chapter, and which are not legal, and which are nonconforming shall be illegal, except as follows:
(1) Any sign conforming to county laws at the time the property upon which it is displayed is annexed to the city and which is made non-conforming or illegal under the provisions of this chapter shall be removed or brought into conformance within five years after the date it became non-conforming. Any sign which has been declared non-conforming under county laws prior to annexation to the city shall be removed or brought into conformance with this chapter within the time period provided for under the county’s law provided the time period is less than five years;
(2) Any sign of historical significance; where the sign display is within an area listed or eligible for listing on the National Register of Historical Places, or in an area registered as an historical landmark or point of interest, or in an area designated as an historical zone.
(B) Nonconforming signs.
(1) Signs that were in conformance with existing ordinance prior to the adoption, or subsequent amendments, of this chapter, but are inconsistent with the adopted content are considered Legal Nonconforming Signs. As such, they may continue to exist provided that they are not altered, modified, or changed in such a way that would increase the degree of nonconformity. When such modification, alteration or change occurs or is proposed, the sign shall be brought into compliance with the standards of this chapter, and shall be permitted under the specifications of this chapter. Each nonconforming sign shall be removed or made to conform to the provisions of this article at the sole cost of the owner thereof.
(2) A legal nonconforming sign shall be made to conform immediately to the provisions of this chapter if/when:
(a) The sign is destroyed or damaged to an extent in excess of 50% of its estimated value. The sign shall not be replaced or repaired except by a sign which conforms to the provisions of this chapter;
(b) The owner relocates the sign;
(c) There is an agreement between the owner and the city for the removal of a sign on a given date;
(d) The use of the sign is discontinued for over 180 days, at which such time the sign shall be removed within 30 days, unless within that period of time it is made to conform;
(e) The sign display is or may become a danger to the public or is unsafe; or
(f) The sign display constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the city or county.
(Ord. 864 C.S., passed 11-4-09)
(A) Signs in violation. Signs determined to be in violation of this chapter are declared to be a public nuisance.
(B) Enforcement. Enforcement of this chapter shall be consistent with § 10-3.1603 of the Madera Municipal Code.
(Ord. 864 C.S., passed 11-4-09)