§ 7.05. Appeals.

Latest version.

The Board of Adjustment shall, subject to such appropriate conditions and safeguards as may be established by legislative body, have only the following powers:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made on behalf of the City by an administrative official or agency based on or made in the enforcement of any applicable zoning regulation or any regulation relating to the location or soundness of structure;

To hear and decide, in accordance with the provisions of any applicable zoning regulation, requests for interpretation of any map; and

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of real property at the time of the enactment of any applicable zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition or such piece of property, the strict application of this ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the Property Owner to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution. No such variance shall be authorized by the Board unless it finds that:

The strict application of the any applicable zoning regulation would produce undue hardship;

ii)

Such hardship is not shared generally by other real properties in the same zoning district and the same vicinity;

iii)

The authorization of such variance will not be of substantial detriment to adjacent real property and the character of the district will not be changed by the granting of the variance; and

iv)

The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.

No variance shall be authorized unless the Board finds that the condition or situation of the real property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the applicable zoning regulations.

In exercising the above-mentioned powers such Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination, as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation.

7.05.02

Violations. Any of the following shall be violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this ordinance, by the Zoning Ordinance, and by state law:

To install, create, erect, or maintain any sign in a way that is inconsistent with this ordinance or any plan or permit governing such sign or the zone lot on which the sign is located;

To install, create, erect, or maintain any sign requiring a permit without such a permit;

To fail to obtain a current and valid sign permit for existing signs in accordance with Section 1.17.3;

To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; or

To continue any such violation.

Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation when applying the penalty portions of this ordinance and each day a violation exists shall be a separate violation when applying the penalty portions of this ordinance.

7.05.03

Remedies and Penalties.

Remedies. Any Property Owner, sign erector, installer, or other person who violates. disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this Ordinance, will be subject to the following: Any violation or attempted violation of this Ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to State law. A violation of this Ordinance shall be considered a violation of the Zoning Ordinance of the City.

The remedies of the City shall include: Issuing a stop work order for any and all work on any signs on the same zone lot, seeking an injunction or other order of restraint or abatement that requires removal of the sign(s) or the correction of the nonconformity, imposing any penalties that can be imposed directly by the City under the Zoning Ordinance, and seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance.

Upon determination by the Planning Director that a sign poses a danger to public health or safety or is in such a state of disrepair that it is no longer functional, the Planning Director shall provide written notice to the Property Owner(s) of such violation and order removal or repair of the sign. The Property Owner(s) shall have twenty (20) days to comply with this written notice. If the Property Owner(s) fail to comply with the order of removal, the City may have such work done. The costs and expenses of any such work shall be paid by the Property Owners. If unpaid for two (2) months after such work is done, the City may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground.

A sign that has been abandoned or no longer used by the Property Owner(s) for at least six (6) months shall be removed. The Planning Director shall provide written notice to the Property Owner(s) of such violation and order removal of the sign. The Property Owner(s) shall have twenty (20) days to comply with this written notice. If the Property Owner(s) fail to comply with the order of removal, the City may have such work done. The costs and expenses of any such work shall be paid by the Property Owner(s). If unpaid for two (2) months after such work is done, the City may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground.

The City shall have other such remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance.

All such remedies provided herein shall be cumulative. To the extent that State law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

Criminal Penalties. Any Property Owner, sign erector, installer, or other person who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 for each offense or imprisoned in the county jail for a period not exceeding thirty (30) days for each violation or offense.

(Ord. No. 3647, § 3, 11-28-2011)

Table 1.5A. PERMITTED SIGNS by TYPE and ZONING DISTRICT

Sign Type	RE RS RD	AG RA	RG	INS ^a	M	BN BNH	BG BGH	BGM	FX	ML MH
Freestanding
Incidental^c	N	N	P	P	P	P	P	P	P	P
Monument	S	S	S	S	S	S	S	S	S	S
Other	N	N	S	S	S	S	S	S	S	P
Pole Sign	N	N	N	S	N	S	S	S	S	S
Residential^b	N	P	N	N	N	N	N	N	N	N
Building
Awning	N	N	S	S	S	S	S	S	S	S
Banner	N	N	N	N	N	S	S	S	S	S
Building Marker ^e	P	P	P	P	P	P	P	P	P	P
Canopy	N	N	N	N	N	S	S	S	S	S
Identification ^d	P	P	P	P	P	P	P	P	P	P
Incidental ^c	N	N	P	P	P	P	P	P	P	P
Marquee ^f	N	N	N	N	N	N	S	S	S	S
Projecting ^f	N	N	N	N	N	S	S	S	S	S
Residential^b	P	P	P	N	P	N	N	N	N	N
Roof, Integral	N	N	N	N	N	N	S	S	S	S
Suspended ^f	N	N	N	P	N	N	N	P	N	N
Wall	N	N	N	P	N	S	S	S	S	S
Window	N	N	N	P	N	S	S	S	S	S
Miscellaneous
Banner ^c	N	N	N	N	N	S	S	S	S	S
Flag ^h	P	P	P	P	P	P	P	P	P	P
Off-Premises Sign	N	N	N	N	N	N	S	N	S	S
Temporary	P	P	P	P	P	S	S	S	S	S

P = Allowed without sign permit
S = Allowed only with sign permit
N = Not allowed
a. This column does not represent a zoning district. It applies to institutional uses permitted under the Zoning Ordinance in residential zoning districts. Such uses may include, but are not necessarily limited to, churches, schools, funeral homes, and cemeteries.
b. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.
c. No commercial message of any kind allowed on sign if message is legible from any location off the zone lot on which the sign is located.
d. Only address and name of occupants allowed on sign.
e. May include only building name, date of construction, or historical data on historical site; must be cut or etched into masonry, bronze, or similar material.
f. If such a sign is suspended or projects above a public right-of-way, the issuance and continuation of a sign permit shall be conditioned on the Property Owner obtaining and maintaining in force liability insurance for such a sign in such form and such amount as the Director may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $500,000 per occurrence per sign.
g. The conditions of Section 1.15 of this ordinance apply.
h. Except for flags of the United States, flags of the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction are included herein, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. Flags of the United States shall not exceed 600 square feet in area. Flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

(Ord. No. 3647, § 3, 11-28-2011)

TABLE 7B. PERMITTED SIGN CHARACTERISTICS BY TYPE

No sign shall exceed any applicable maximum number or dimensions, or encroach on any applicable minimum clearance shown on this table.

Sign Type	Number Allowed	Maximum Sign Are	Vertical Clearance
			From sidewalk, private drive	From public street parking
Freestanding
Incidental
Monument
Other	See Table 7D	See Table 7D	N/A	N/A
Pole Sign
Residential

Building
Awning	1 per bldg.	25% of surface canopy	9 ft.	12 ft.
Banner	N/A	N/A	9 ft.	12 ft.
Building Marker	1 per bldg.	4 sq. ft.	N/A	N/A
Canopy	1 per bldg.	25% of vertical surface of canopy	9 ft.	12 ft.
Identification	1 per bldg.	N/A	N/A	N/A
Incidental	N/A	N/A	N/A	N/A
Marquee	1 per bldg.	N/A	9 ft.	12 ft.
Projecting	1 per bldg.	40 sq. ft.	9 ft.	12 ft.
Residential	1 per zone lot	N/A	N/A	N/A
Roof, Integral	2 per zone lot	N/A	N/A	N/A
Suspended	1 per entrance	N/A	9 ft.	N/A
Wall	N/A	N/A	N/A	N/A
Window	N/A	25% of total window area	N/A	N/A

Miscellaneous
Banner	N/A	N/A	9 ft.	12 ft.
Flag (b)	N/A	60 sq. ft.	9 ft.	12 ft.
Temporary	See Section 7.04.03,6	N/A	N/A	N/A

a. Permitted on the same terms as a temporary sign, in accordance with Section 7.04.03,6, except that it may be freestanding.
b. Except for flags of the United States, flags of the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction are included herein, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. Flags of the United States shall not exceed 600 square feet in area. Flags must be flown in accordance with protocol established by the Congress or the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

TABLE 7C. MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICT

The maximum total area of all signs on a zone lot except incidental, building marker, temporary, identification signs, and flags (b) shall not exceed the lesser of the following:

	RE RS RD	RA AG	RG	INS(a)	M	BN BNH	BG BGH	BGM	FX	ML/ MH
Max. Number of Total Sq. Ft.	1	5	25	375	25	75	1125	75	1125	1125/1250
Sq. Foot of Signage per Linear Foot of Street Frontage	N/A	N/A	.5	.5	.5	2	3	6	4	N/A

a. This column does not represent a zoning district. It applies to institutional uses permitted under the zoning ordinance in residential zoning districts. Such uses may include, but are not necessarily/limited to, churches, schools, funeral homes, and cemeteries.
b. Except for flags of the United States, flags of the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction are included herein, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. Flags of the United States shall not exceed 600 square feet in area. Flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

TABLE 7D. NUMBER, DIMENSIONS, and LOCATION of INDIVIDUAL SIGNS by ZONING DISTRICT

Individual signs shall not exceed the applicable maximum number dimensions or setbacks on this table, Table 7B, and Table 7E

	RE RS RD	RA AG	RG	INS(a)	M	BN BNH	BG BGH	BGM	FX	ML/ MH
Freestanding
Area (sq. ft.)^b	8	5	5	25	5	25	375	25	375	375

Height (ft.)	5	see table 7E
Setback (ft.)^cde	5	see table 7E
Number Permitted Per Zone Lot	2	2	n/a	2	n/a	n/a	n/a	n/a	n/a	n/a

Per Feet of Street Frontage	n/a	n/a	1 per 200	n/a	1 per 200	1 per 200	1 per 200	1 per 100	1 per 200	1 per 700
Building
Area (Max.
Sq. Feet)^b	6	6	6	10	6	n/a	n/a	n/a	n/a	n/a

Wall Area (percent)^g	n/a	n/a	n/a	n/a	n/a	15%	20%	20%	20%	10%

This column does not represent a zoning district. It applies to institutional uses permitted under the zoning ordinance in residential zoning districts. Such uses may include, but are not necessarily limited to, churches, funeral homes, and cemeteries.
^b The area limits set forth in this table do not apply to temporary signs. See Section 7.04.03,6 for applicable area restrictions.
^c Minimum setback is five (5) feet; however, in no case shall the actual sign height exceed the actual setback from any adjacent lot that is zoned and used for residential purposes. For example, if the sign is set back seven (7) feet from such a lot, it may be no more than seven feet (7) high.
^d In addition to the setback requirements on this table, signs shall be located such that there is at every street intersection a clear view between heights of three (3) feet and ten (10) feet in a triangle formed by the corner and points on the curb thirty (30) feet from the intersection or driveway.
^e Lots fronting on two or more streets are allowed the permitted signage for each street frontage, but signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage.
^f For lots that have at least 100 feet of frontage, but less than 200 feet of frontage, Table 7D will be amended to allow a freestanding monument sign in accordance with Table 7E up to a maximum height of 15 feet and a maximum area of 65 square feet, provided the corresponding setback is met. Lots with less than 100 feet of frontage would still not be permitted freestanding signs.
^g The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each sign is most nearly parallel.

TABLE 7E. FREESTANDING SIGNS

Correlation of setback, Height, and Size

IF Setback from property line (in feet)	THEN Maximum Height (in feet)	THEN Maximum Size (in square feet)
5	7	25
6	8	30
7	9	35
8	10	40
9	11	45
10	12	50
11	13	55
12	14	60
13	15	65
14	16	70
15	17	75
16	18	80
17	19	85
18	20	90
19	21	95
20	22	100
21	23	105
22	24	110
23	25	115
24	26	120
25	27	125
26	28	130
27	29	135
28	30	140
29	31	145
30	32	150
31	33	155
32	34	160
33	35	165
34	36	170
35	37	175
36	37	180
37	37	185
38	37	190
39	37	195
40	37	200
41	37	205
42	37	210
43	37	215
44	37	220
45	37	225
46	37	230
47	37	235
48	37	240
49	37	245
50	37	250
51	37	255
52	37	260
53	37	265
54	37	270
55	37	275
56	37	280
57	37	285
58	37	290
59	37	295
60	37	300
61	37	305
62	37	310
63	37	315
64	37	320
65	37	325
66	37	330
67	37	335
68	37	340
69	37	345
70	37	350
71	37	355
72	37	360
73	37	365
74	37	370
75	37	375

TABLE 7F. PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT

	RE RS RD	RA AG	RG	INS(a)	M	BN BNH	BG BGH	BGM	FX	ML/ MH
Animated(c)	N	N	N	N	N	N	S	S	S	S
Changeable Copy	N	N	N	P	N	N	S	S	S	S
Illumination, Internal	N	N	N	P(b)	N	S(b)	S	S	S	S
Illumination, External	N	N	P	P(b)	P	S(b)	S	S	S	S

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');