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(A) A Conditional Sign Permit is hereby defined to be legal authorization to erect or place a Conditional Sign pursuant to authorization of the City Council and in compliance with the procedures specified herein.
(B) The Permit shall be restricted to the specific sign (excluding language content) and to the specific location for which the Conditional Sign Permit is granted.
(Prior Code, Art. 21, § 21-127.2) (Ord. 2023-13, passed 3-6-2023)
The Board of Appeals established by this Article shall hear and recommend such Conditional Signs as permitted within the Sign Regulations, shall hear and decide such questions as are involved in determining whether Conditional Signs should be granted, and shall recommend Conditional Signs with such conditions and safeguards as are appropriate under this Ordinance, or shall recommend denial of Conditional Signs when not in harmony with the purpose and intent of this Ordinance.
(Prior Code, Art. 21, § 21-127.3) (Ord. 2023-13, passed 3-6-2023)
A Conditional Sign shall not be recommended by the Board of Appeals unless and until:
(A) A written application for a Conditional Sign is submitted, indicating the section of this Ordinance under which the Conditional Sign is sought and stating the need or basis on which it is requested and providing a description of the proposed sign and the location (including a legal description or Real Estate Tax Property Index Number and street address) of the proposed sign and indicating the zoning classification of the location. Application shall be made on forms obtained from the City Clerk.
(B) Notice shall be given not less than 15 or more than 30 days in advance of the public hearing. The petitioner, his agent, or attorney shall cause such notice to be given in each of the following ways:
(1) The owner of the property for which the conditional sign is sought, or his agent, shall be notified by mail as to the time, date, and place of public hearing;
(2) Notice of such hearing indicating the date, time, place, legal description or Real Estate Tax Property Index Number of the property for which the conditional sign is sought, the common street address, description of the proposed conditional sign, and the zoning classification of the property shall be printed in a newspaper of general circulation within Mt. Vernon;
(3) Notice of such hearing indicating the date, time, place, legal description or Real Estate Tax Property Index Number of the property for which the conditional sign is sought, the common address, description of the proposed conditional sign, and the zoning classification of the property shall be posted at the City Hall and in a prominent place on the property for which the conditional sign is sought;
(4) The notice required herein to be posted upon the property affected shall be in the following form:
(a) The basic form of notice shall be furnished by the City, shall be a metal or other permanent sign with the main panel thereof being not less than 18 inches by 24 inches in bold black or other conspicuous color. Such sign shall remain the property of the City. The petitioner shall pay to the City a deposit of $50, which shall be refunded after the hearing and after the petitioner shall return the metal sign to the City. In the event that the petitioner shall not return the metal sign, then the petitioner shall forfeit the deposit.
(b) The notice shall bear the legend “PROPOSED CONDITIONAL SIGN - THIS PROPERTY,” and shall have printed thereon the words “FOR INFORMATION PHONE 618/242-5000.” The notice shall further have affixed thereto a copy of the notice which is published which shall be typed and shall further have a plastic cover to protect such notice from the weather.
(c) The notice shall be posted so as to be conspicuous and visible from the road or street nearest the principle structure on the property; and, if there is no structure, then from the principle road or street adjacent thereto.
(d) If the lot is a corner lot or through lot as defined by the Zoning Ordinance of the City of Mt. Vernon then such notice shall be posted on each side of the lot facing the street or road. In no event shall the notice be posted more than 10 feet or less than 5 feet from each such street or road.
(5) Proof that each of the notices required herein has been given shall be provided by the petitioner by delivering an authentic certificate of publication of the notice published in a newspaper of general circulation and providing a verified certificate of posting and mailing as to the other notices required herein.
(C) A public hearing shall be held. Any party may appear in person, or by agent or attorney.
(Prior Code, Art. 21, § 21-127.4) (Ord. 2023-13, passed 3-6-2023)
(A) The Board of Appeals shall make a finding that it is empowered under the section of this Ordinance described in the application to recommend to the City Council the Conditional Sign and that the granting of the Conditional Sign will not adversely affect the public interest; such finding may be made within the Minutes of the Board of Appeals or within a separate Resolution or within a combination of each.
(B) Before any conditional sign permit shall be recommended by the City Council, the Board of Appeals shall make written findings within the Minutes of the Board of Appeals or within a separate Resolution or within a combination of each certifying compliance with the specific requirements governing individual signs and certifying that satisfactory provision and arrangement have been made concerning the following:
(1) The Conditional Sign, including but not limited to, its location, size, and proposed exterior lighting has general compatibility with adjacent properties and other properties and signs in the area.
(2) The Conditional Sign does not create or contribute to any condition that may adversely affect traffic flow or traffic safety.
(Prior Code, Art. 21, § 21-127.5) (Ord. 2023-13, passed 3-6-2023)
PERFORMANCE STANDARDS
The Performance Standards set forth in this ordinance are to provide guidelines for the administration of this ordinance, and for developers considering specified types of development permitted by this ordinance. The Performance Standards herein described are in addition to the requirements set forth in the Schedule of District Regulations.
(Prior Code, Art. 21, § 21-200)
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