Part 4 — Sign Permits

Except as otherwise provided in this article, it shall be unlawful for any person to erect, alter, or relocate a sign within the City without first obtaining a sign review permit. (§ II, Ord. 771, eff. December 4, 1987, as amended by § 239, Ord. 1095, eff. November 20, 2010)

• (a) Applications for sign review permits shall be in the number of copies and on the format designated by the Planning Director. Such applications shall be accompanied by a fee set by the Council and by such profiles, elevations, plot plans, drawings, photographs, color or material samples, and other pertinent information necessary to show what is requested. Such applications shall be filed in the office of the Planning Department.

• (b) In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:

  • (1) The sign shall be consistent with the purpose and intent of this article.

  • (2) The sign shall be consistent with the standards, exceptions, and prohibitions set forth in this article.

  • (3) The sign's location and copy shall be best suited for visibility and safety.

• (c) The Planning Department shall review all sign review permit applications and shall either approve, approve with modifications, or deny applications in accordance with the requirements of this article and any other applicable requirements of Federal, State, or local laws. The Planning Director, however, may withhold action on an application until it is reviewed by the Commission if he or she feels there is a potential element of controversy regarding the following factors, which include, but are not limited to, size, color, type, face, shape, or other elements disharmonious, distracting, or incongruous with the site or the surrounding neighborhood.

• (§ II, Ord. 771, eff. December 4, 1987, as amended by § 240, Ord. 1095, eff. November 20, 2010)

Requests for variations of the sign standards set forth in this article shall be through use permits. (§ II, Ord. 771, eff. December 4, 1987, as amended by § 241, Ord. 1095, eff. November 20, 2010)

• (a) Purpose. The 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 required 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 on the site, 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 placement of signs on the site or structure.

• (b) Exception Purposes. The Director may grant a minor adjustment if it can be demonstrated that an exception is necessary to facilitate an improved aesthetic relationship between the signs and the structures upon which they are mounted, or to overcome an unusual site condition.

• (c) Procedure. All minor adjustments for signs shall be referred to the Director where the applicant desires one or more adjustments from the requirements of this chapter. The Director may allow adjustments within the limits listed in this section. Appropriate findings, consistent with Section 9-3.2323 of this chapter, shall be made a part of the granting of the adjustment. The Director may in his or her sole discretion require the applicant to process the adjustment as a use permit requiring a public hearing before the Planning Commission.

  • (1) Sign Area. Total amount of adjustments is limited to 25% of the allowed sign area.

  • (2) Sign Height. Total amount of adjustments is limited to 25% of the allowed sign height.

  • (3) Transfer of Sign Area.

    • (A) To overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;

    • (B) To achieve an effect which is essentially architectural, graphic art, or sculptural and which, in the opinion of the Director, enhances the sign and site's development;

    • (C) To permit more sign area in a single sign than is allowed, but less than the total allowed for the entire site, where a more orderly and concise pattern of signs will result;

    • (D) To allow a sign compatible with other conforming signs in the vicinity;

    • (E) To establish the allowable amount and location of signs when no street frontage exists or when, because of an unusual parcel shape (e.g., a flag lot), the street frontage is excessively narrow in proportion to the average width of the parcel; and

    • (F) To allow sign area to be transferred to a street building frontage when the main entrance does not face the street.

  • (4) Alternative Sign Locations.

    • (A) On Site. To transfer allowed signage from a structure wall to an allowed freestanding sign based upon the finding that the 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) Parcels Not Fronting on Any Street. Under sign review, approval may be given for the placement of a sign on an access easement to a parcel not having street frontage, at a point where viewable from the adjoining public street; and

  - (C) Other. 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, including transfer of sign area on the same building. 
  

  • (5) Alternative Types of Signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.

• (d) Conditions. The Community and Economic Development Director may impose reasonable conditions to mitigate any potential adverse effects on the neighborhood or surrounding area when such restrictions are deemed necessary in the interest of public health and safety.

• (e) Appeals. The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.

• (§ 6, Ord. 1158, eff. December 1, 2017)

• (a) The approval of a sign review permit or sign review application shall expire one year after its effective date, unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of a sign review permit or sign review approval, the applicant may apply to the Planning Director for an extension of one year from the date of the expiration. The Planning Director may make minor modifications or may deny further extensions of the approved sign at the time of extension if he or she finds there has been a substantial change in circumstances.

• (b) A sign review permit shall expire and become void if the circumstances or facts upon which the permit was granted change through some subsequent action by the owner or lessee so that the review permit would not be permitted under the new circumstances.

• (§ II, Ord. 771, eff. December 4, 1987, as amended by § 241, Ord. 1095, eff. November 20, 2010)

Upon due notice to the applicant, any sign review permit heretofore or hereafter granted may be revoked if the Planning Director determines that the sign or sign program for which the permit was granted:

• (a) Advertises the availability or sale of goods, property, or services no longer available; or

• (b) Is not constructed, installed, or maintained in accordance with the approved application. To be sufficiently maintained, all signs, together with all supports, braces, guys, and anchors, shall be kept in a presentable condition and repair, including periodic repainting and cleaning, as well as the replacement of worn or defective parts.

• (§ II, Ord. 771, eff. December 4, 1987, as amended by § 241, Ord. 1095, eff. November 20, 2010)