(a) Statement of Intent. It is the purpose of this section of the Ordinance to protect property values by encouraging visually appealing, non-distracting signs; to permit such signs that will not, by reason of their size, location or manner of display, detract from the economic viability of other persons and establishments in the vicinity; to prevent signs from causing an annoyance or disturbance to a substantial number of persons; and to promote a healthy and business-friendly environmental in which signs relating to an Adults Only Establishment contribute to and encourage rather than detract from the economic viability of other persons and establishments in the vicinity.
(b) On and after the Effective Date, no person shall erect, structurally alter or relocate any sign to advertise or promote any Adults Only Establishment except in conformance with the Ordinance. It shall be unlawful for any person to erect, structurally alter or relocate any sign or Improvement supporting a sign on or off the Premises of an Adults Only Establishment without first obtaining a Certificate of Compliance based on an Application therefore.
(c) The application for the approval of a sign shall be made upon forms that the Recorder shall prepare and provide and shall include, without limitation, an accurate scaled sketch or drawing of the proposed sign; its proposed location and the content of the proposed sign.
(d) After a sign is constructed or installed based on the application therefor, the applicant shall provide a letter to the Recorder certifying that the sign was designed (including content), fabricated, sized, constructed or installed according to the application as approved.
(e) Any sign promoting an Adults Only Establishment shall be flat and mounted to the wall of the Improvement in which the Adults Only Establishment is located.
(f) No merchandise or depictions of an Adults Only matter, including, without limitation, depictions of nude or seminude men or women, shall be displayed on any sign advertising or promoting an Adults Only Establishment or otherwise nor in any windows or any other area that may be viewed from a public street, alley, sidewalk or public way.
(g) The size of any sign promoting an Adults Only Establishment shall not exceed more than one (1) square foot per one (1) lineal foot of street frontage of the property on which an Adults Only Establishment is located. Notwithstanding anything herein to the contrary, no sign promoting an Adults Only Establishment shall have a dimension that exceeds three times any other dimension or contains a maximum aggregate area that exceeds thirty (30) square feet. The permitted maximum size of a sign shall apply to the entire area enclosing the extreme limits of writing, representation, emblem, or figure, together with any frame or other material or color forming an integral part of the display or used to differentiate a sign from the background against which it is placed. If a sign is painted on a wall, and includes background colors or graphics, and if the sign is an integral part of the overall graphic scheme, the entire wall shall be considered a sign and its measurement computed as such. If a sign is painted on a wall, and the sign can be logically separated and measured separately from the background graphics, the background graphic scheme shall not be computed in the sign size.
(h) No Adults Only Establishment shall erect or display any portable or movable sign on the Premises thereof. No Adults Only Establishment shall erect nor maintain more than one sign advertising or promoting an Adults Only Establishment on the Premises thereof.
(i) No sign promoting an Adults Only Establishment shall contain lights or animated parts that incorporate in any manner flashing or moving lights or any other visible moving or revolving part, except for a sign indicating time, temperature or date.
(j) No sign promoting an Adults Only Establishment shall project more than eighteen (18) inches from the wall.
(k) Upon receipt of written notice an applicant, the Recorder shall inspect the sign after it is completed and, upon a demonstration that such sign complies or conforms with the Ordinance, issue a Certificate of Compliance to the applicant, or if the Recorder determines that such sign does not comply or conform with the Ordinance, issue a written denial of the application therefore that shall include a written statement of the reason or reasons for the denial.
(l) If any sign promoting an Adults Only Establishment is abandoned, such sign shall be deemed a nuisance misleading the public and affecting or endangering surrounding property values and shall be deemed detrimental to the public health, safety and general welfare of the community and shall be abated.
(Ord. 92-14. Passed 8-18-03.)