Chapter 15.32
SIGNS AND SIGN STRUCTURES

Sections:

15.32.010    Purpose and intent.

15.32.020    Definitions.

15.32.030    Safety hazards prohibited.

15.32.040    Illuminated signs.

15.32.050    Motion or simulated motion restricted.

15.32.060    Illumination of identification signs.

15.32.070    Encroachment restrictions.

15.32.080    Height restrictions.

15.32.090    Square footage determination.

15.32.100    Construction, maintenance and removal.

15.32.110    Prohibited locations.

15.32.120    Maintenance.

15.32.130    Flexible material to be within rigid frames.

15.32.140    Signs on vehicles.

15.32.150    Prohibited signs.

15.32.170    Building permit required.

15.32.180    Exemptions.

15.32.190    Special purpose signs.

15.32.200    Signs in residential zones.

15.32.210    Signs in commercial zones.

15.32.220    Signs in industrial zones.

15.32.230    Signs in mobile home parks.

15.32.240    Freestanding signs—Planning commission review.

15.32.250    Freestanding signs—Appeal of commission action.

15.32.260    Variances.

15.32.270    Appeals.

15.32.280    Enforcement—Penalties and legal proceedings for violation.

15.32.010 Purpose and intent.

The location, height, size and illumination of signs are regulated in order to maintain the attractiveness and orderliness of the appearance; to protect business sites from loss of prominence resulting from excessive signs on nearby sites; and to protect the public safety and welfare. (Ord. 342 § 1, 1981).

15.32.020 Definitions.

For the purpose of these sign regulations, the following words and phrases shall have the meanings respectively ascribed to them by this section:

1.    “Area of sign” means the entire area within a single continuous perimeter enclosing the extreme limits of all elements such as boards or frames, perforated or solid backgrounds, ornamental embellishments, writings, representations, emblems or any figures or similar characters, including any spires, masts, shafts or similar projections, but excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

2.    “Bench sign” means a bench located outdoors with advertising matter thereon.

3.    “Billboard” means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected.

4.    “Bulletin board” means a sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property on which the bulletin board is located. In all zones, bulletin boards which are displayed so as to be viewed from a public street, highway, parking lot, walkway or mall shall be subject to the sign regulations of the zone in which the building or property is located.

5.    “Canopy” means a roof of a building or a fixed overhead shelter used as a roof, which may or may not be attached to a building and which does not encroach into nor overhang a public street or alley right-of-way.

6.    “Canopy sign” means a sign attached to or hung from a canopy but not projecting from the face of the canopy. A canopy sign shall be parallel to the face of a canopy except for a sign hung under a canopy. If the canopy has a roof slope flatter than forty-five degrees, (one horizontal to one vertical), no sign shall project above the face of the canopy. If the canopy has a slope of forty-five degrees or steeper, a canopy sign shall not project above the highest point of the canopy roof behind the sign.

7.    “Construction sign” means a sign with the names of the architects, engineers, contractors, subcontractors and financing agencies of buildings and structures being constructed upon the premises on which the sign is located.

8.    “Corporate flag” means a flag identifying a business or firm.

9.    “Directional sign” means one of two types of signs. An “exterior directional sign” means a sign oriented to a street and used to direct and control pedestrian or vehicular traffic and located on the same lot or premises as the use which it is intended to serve. An “interior directional sign” means a directional, warning or informational sign not bearing any advertising message readable from any street right-of-way. It shall be located on the same lot or premises as the use which it is intended to serve.

10.    “For sale or rent sign” means a sign advertising that the subject building or real property or portion thereof is for sale, rent or lease.

11.    “Freestanding sign” means a sign detached from any building or structure, and the supports of which are permanently affixed to the ground.

12.    “Garage sale sign” means a sign which is used to advertise the sale of used or secondhand goods or merchandise at dwellings and on residentially zoned property; such sales are also commonly known as patio sales, yard sales, etc.

13.    “Height” means the vertical distance from the highest point used in measuring the area of a sign to the top of curb of the street at a point which is closest to the highest point of the sign.

14.    “Identification sign” means any sign which is used to identify or advertise the occupant of a building, lot or premises or the merchandise or activity available at the building, lot or premises where the sign is located.

15.    “Lighted sign” means any sign which is illuminated either directly or indirectly by artificial light.

16.    “Marquee” means a fixed overhead shelter used as a roof, which may or may not be attached to a building, and which projects into or overhangs a public street or alley right-of-way.

17.    “Marquee sign” means a sign attached to or hung from a marquee but not projecting from the face of the marquee or above the top of the ridgeline of the building. “Marquee sign” also means a sign similarly mounted on any other roof structure that overhangs a street or alley right-of-way.

18.    “Multiple-family housing project sign” means a sign identifying the name of a multiple-family housing project and located within the boundaries of a multiple-family housing project.

19.    “Open house directional sign” means a sign with the words “Open House” and may include an arrow or other directional symbol and real estate office name.

20.    “Outdoor advertising sign” means a sign that directs attention to a business, profession, product, commodity or service that is not the primary business, profession, product, commodity or service that is not the primary business, profession, product, commodity or service sold, manufactured, conducted or offered on the site on which the sign is located.

21.    “Political sign” means any impermanent sign or advertising device or display, with or without letters, words, numbers or figures thereon, which is designed to advertise a candidate for political office, a political party or a measure scheduled for an election.

22.    “Principal frontage” means that wall of a building or structure which has frontage on a public street, highway, parking lot, walkway or mall, and which is designated by the owner or occupant thereof as the principal frontage of said building or structure for the purpose of subsection B of Section 15.32.210 of these regulations.

23.    “Projecting sign” means any of the following:

a.    Any sign attached to and projecting from the face of a wall, canopy or marquee;

b.    Any sign mounted on a canopy roof or building roof that has a slope flatter than a forty-five-degree angle (one horizontal to one vertical).

24.    “Ridgeline” means the peak of the roof, the top of a parapet, or the top of the wall of a building.

25.    “Sign” means any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. However, a sign shall not include the following:

a.    Official notices authorized by a court, public body or public officer;

b.    Directional, warning or informational signs authorized by federal, state or municipal authority or public utility;

c.    A properly displayed official flag of a government, school, religious group, or nonprofit organization;

d.    A memorial plaque, tablet or cornerstone indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure, not to exceed four square feet in area;

e.    Signs within a building except window or wall signs as hereinafter defined;

f.    Christmas decorations and Christmas lights, from November fifteenth to January fifteenth.

26.    “Subdivision sign” means a sign indicating the name of a recorded subdivision, the name of the contractor or subdivider, the name of the owner or agent, and/or giving information regarding directions, price and/or terms.

27.    “Subdivision directional sign” means a sign indicating the name of a recorded subdivision and information regarding location. The name of the contractor or subdivider, the name of the owner or agent and/or information regarding price and/or terms may also be noted.

28.    “Temporary sign” means any banner, pennant, valance, balloon, streamer, placard, A-frame, sandwich board window sign, or similar advertising display with or without letters, words, numbers or figures thereon which directs, promotes service or price, or which is otherwise designed to attract attention, except for the following:

a.    For sale or rent sign;

b.    Garage sale sign;

c.    Open house directional sign;

d.    Political sign;

e.    Signs for fireworks stands, pumpkin sales and Christmas tree sales lots;

f.    Corporate flag.

Paper sign tacked or otherwise fastened to a side of a building or bulletin board or outside a window are temporary signs unless enclosed in a frame with a glass, plexiglass or equivalent cover. The sign area will be subject to the wall and canopy sign standards.

29.    “Wall” means any wall or element of a wall or any member or group of members which defines the exterior boundaries or courts of a building or structure and which has a slope steeper than one horizontal to two vertical, with the horizontal plane.

30.    “Wall sign” means any sign painted on, attached to or erected against the wall of a building or structure with the exposed face of the sign in a place approximately parallel to the plane of the wall and which does not project beyond the top or ends of the wall.

31.    “Window sign” means any sign temporarily displayed on the inside of a window or temporarily painted on a window and facing a street, highway, parking lot, walkway or mall.

32.    “Zone” means one of the various classes of areas into which the city has been divided by this chapter. (Ord. 433 § 1, 1989; Ord. 360 § 1, 1984; Ord. 342 § 2, 1981).

15.32.030 Safety hazards prohibited.

All signs shall in no way endanger the health and safety by causing distraction to operators or motor vehicles on the streets and highways. Location, lighting and color of signs shall not cause confusion with public signs and traffic signals. (Ord. 342 § 3, 1981).

15.32.040 Illuminated signs.

Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity; and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. (Ord. 342 § 4, 1981).

15.32.050 Motion or simulated motion restricted.

No sign shall simulate movement by means of fluttering, spinning, or reflective devices. Rotating signs shall be permitted in the commercial zones subject to a maximum of eight revolutions per minute, except barber poles with planning commission approval. (Ord. 342 § 5, 1981).

15.32.060 Illumination of identification signs.

Except in the commercial zones, no identification sign shall be lighted except during the hours when the establishment identified is open for business. (Ord. 342 § 6, 1981).

15.32.070 Encroachment restrictions.

No sign may encroach upon or overhang adjacent property or public right-of-way, except by permit. (Ord. 342 § 7, 1981).

15.32.080 Height restrictions.

A.    All attached signs shall be no higher than the plane surface to which they are attached.

B.    All pole signs shall be no higher than thirty feet above means ground level.

C.    The height of all ground signs shall be as approved by the planning commission. (Ord. 342 § 8, 1981).

15.32.090 Square footage determination.

The square footage of a sign made up of letters, words, or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words, or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words, or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of square footage allowed. (Ord. 342 § 9, 1981).

15.32.100 Construction, maintenance and removal.

All signs shall be structurally safe, shall be of rust-inhibitive material, and shall be maintained in good condition in the opinion of the building inspector. It shall further be the responsibility of the property owner of the land and/or improvements to remove any sign, or signs, on premises where the use has been discontinued for a period of over ninety days. (Ord. 342 § 10, 1981).

15.32.110 Prohibited locations.

A.    No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.

B.    No sign shall be erected in such a manner that any portion of its surface or supports is located within, or hangs over, any public right-of-way, except as specifically permitted in Section 15.32.190. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports is within six feet of overhead electric conductors which are energized in excess of seven hundred fifty volts.

C.    No sign or other advertising structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

D.    Off-site signs are not permitted.

(Ord. 342 § 11, 1981).

15.32.120 Maintenance.

All signs, together with all of their supports, braces, guys, and anchors shall be kept in repair and in a safe state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Also, all weeds shall be cleared and removed periodically. The building inspector may order the removal of any sign that is not maintained in accordance with the provisions of this chapter. (Ord. 342 § 12, 1981).

15.32.130 Flexible material to be within rigid frames.

No cloth, paper, plastic or similar advertising signs or devices other than in rigid frames as provided in this chapter shall be permitted. (Ord. 342 § 13, 1981).

15.32.140 Signs on vehicles.

Signs painted on or attached to vehicles which are parked on the premises for a period in excess of twenty-four hours shall be considered signs within the meaning of this title and shall be specifically prohibited except such signs as are normally displayed on business vehicles. (Ord. 342 § 14, 1981).

15.32.150 Prohibited signs.

Except as otherwise provided in this chapter, the following signs described in this section are prohibited:

A.    Roof Signs. No roof signs shall be permitted;

B.    Obscene Material. No person shall exhibit, post or display upon any sign or wall any statement, symbol or picture of an obscene nature;

C.    Billboards;

D.    Off-premises signs, except those authorized by Sections 15.32.180 and 15.32.190;

E.    All signs not authorized by this chapter.

(Ord. 433 § 2 (part), 1989).

15.32.170 Building permit required.

A.    No person, firm or corporation shall erect, construct, enlarge, modify or relocate any sign in the city without first obtaining a building permit for each such sign, except:

1.    Those signs listed in Section 15.32.190 and garage sale signs which do not require a support structure.

2.    Signs in existence on July 21, 1981, provided:

a.    Same are modified only as to content and not enlarged, relocated, altered or remodeled in any way; and

b.    Normal maintenance and repair; and

c.    That the total square footage of all signs for the establishment does not now and will not after being modified exceed the total square footage permitted by this chapter.

B.    The city manager, or designated representative, is authorized to issue the permit required in this section for all signs other than freestanding signs when applicant submits all information required to show that all applicable requirements of this chapter have been met, and upon affirmative recommendation of the architectural review committee as provided in Chapter 18.60. (Ord. 355 § 1, 1983: Ord. 342 § 17, 1981).

15.32.180 Exemptions.

The following signs shall be exempt from the provisions of this chapter:

A.    Official notices authorized by a court, public body, or public officer;

B.    Directional, warning or information signs authorized by federal, state or municipal authority;

C.    Memorial plaques and building cornerstones when cut or carved into a masonry surface or when made of incombustible material and made an integral part of the building or structure;

D.    Commemorative symbols, plaques and historical tablets. (Ord. 342 § 18, 1981).

15.32.190 Special purpose signs.

The following special purpose signs shall be permitted:

A.    Directional Signs. In any zone, one parking directional sign not exceeding ten square feet in area or six feet in height at each parking area entrance or exit.

B.    Political Signs.

1.    In any residential zone, one unlighted sign for each building or business establishment not exceeding eight square feet. In all other zones, one unlighted sign for each building or business establishment not exceeding thirty-two square feet;

2.    Freestanding signs shall not exceed six feet in height;

3.    No sign shall be located in public right-of-way or on unoccupied premises (without consent of the property owner) or be attached to a tree or utility pole;

4.    A political sign shall not be displayed more than ten days after election to which it pertains.

C.    Real Estate and Development Signs.

1.    For sale or rental signs. In any zone, one unlighted sign not exceeding six square feet on each street frontage adjoining a site plus one “Open House” sign. Freestanding signs shall not exceed six feet in height;

2.    Construction signs. On the site of a project actively under construction, one unlighted sign not exceeding ten square feet in area, for each contractor, architect or engineer engaged in the project, except that the total area of all signs shall not exceed thirty square feet. Signs may be combined. Freestanding signs shall not exceed six feet in height;

3.    Directional subdivision signs: In any zone, unlighted signs advertising subdivisions containing only the name of the subdivision, the name of the developer and/or agent, an identification emblem and directional message shall be permitted, provided:

a.    There shall be no more than three such signs located within the city limits for each subdivision,

b.    The total height of each sign shall not exceed fifteen feet,

c.    The total area of each sign shall not exceed thirty-two square feet,

d.    Directional subdivision signs may be displayed during the two years following the date of recordation of the final map or until one hundred percent of the lots have been sold, or whichever occurs first;

4.    On-site subdivision signs shall be permitted provided there shall be not more than three hundred square feet of total sign area for each subdivision and a total of six signs. Such on-site signs shall be permitted to remain only as long as a sales office is maintained in the subdivision and provided that such signs are maintained in good condition as determined by the building inspector;

5.    Subdivision entrance signs: At the major street entrance to a subdivision or development, nor more than two unlighted signs, each not exceeding twenty square feet in area, attached to and not extending above a wall or fence, indicating the name of the subdivision or development. Such signs shall be constructed of materials and affixed to the wall or fence in such a manner as to render them not readily susceptible to vandalism;

6.    For the purpose of administering this section, apartment or group housing complexes of thirty units or more shall be considered within the definition of a “subdivision.”

D.    Sale Signs. For retail commercial uses in any zone where such uses are listed as a permitted or conditional use, sale signs may be permitted while a sale of goods or service is being conducted.

E.    Attraction Signs. For retail commercial uses in any zone where retail sales or rentals are listed as a permitted or conditional use, one double-faced attraction board not exceeding twelve square feet in area shall be permitted. Such sign shall be used only for the purpose of indicating prices on products for sale or rent. Freestanding signs shall not exceed six feet in height.

F.    Other Special Signs. Flags, emblems, insignias and posters of any nation, state, international organization, political subdivision or other governmental agency, unlighted nonverbal religious symbols attached to a place of religious worship; and temporary displays of a patriotic, religious, charitable, or civic character shall be exempt from the provisions of this chapter; however, if the height exceeds thirty-five feet, such signs shall be subject to a conditional use permit. (Ord. 342 § 19, 1981).

15.32.200 Signs in residential zones.

Except as prescribed in subsection C of Section 15.32.190; only the following signs shall be permitted in a residential zone:

A.    Residential Uses.

1.    Single-family dwelling units: One unlighted nameplate not exceeding one square foot in area indicating the name of the occupant. On a site with more than one dwelling unit, nameplates shall not be combined; except by permission of the planning commission,

2.    Multifamily dwellings, apartment developments, boardinghouses or roominghouses, dormitories: One unlighted identification sign not exceeding fifteen square feet in area. Freestanding signs shall not exceed six feet in height;

B.    Agricultural Uses. One unlighted sign not exceeding six square feet in area or six feet in height pertaining to the products raised on the premises;

C.    Public and Semipublic Uses. One lighted or unlighted sign not to exceed fifteen square feet in area. Freestanding signs shall not exceed six feet in height. (Ord. 342 § 20, 1981).

15.32.210 Signs in commercial zones.

Except as prescribed in Section 15.32.190, only the following signs shall be permitted in a commercial zone:

A.    Commercial and Office Uses in the C-1 Zone, Except Service Stations.

1.    For each shopping center, one freestanding lighted sign indicating the name of the shopping center not exceeding seventy-five square feet in area. Freestanding signs shall not exceed thirty feet in height;

2.    For each use, one single-faced, lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of property frontage or portion thereof, shall be permitted on each side of the building fronting on a street, parking lot or mall to a maximum of seventy-five square feet per sign; provided, however, there shall be no more than two such signs per use.

B.    Commercial Uses in the C-2 Zone, Except Service Stations.

1.    For each use, one lighted freestanding identification sign seventy-five square feet in area for each street frontage; provided, however, that for each lineal foot of principal frontage in excess of seventy-five feet, an additional one square foot of sign area shall be permitted to a maximum of one hundred fifty square feet; and further provided, that there be no more than one sign per lot or parcel or land. Where more than one business is being conducted on a single lot or parcel of land, the permitted sign area for each business shall be combined into one freestanding sign up to a maximum combined area of one hundred fifty square feet. Freestanding signs shall not exceed thirty feet in height;

2.    For each use, one single-faced, lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of property frontage or portion thereof, may be placed on each side of the building fronting on a street parking lot or mall to maximum of one hundred square feet per sign; provided, however, there shall be no more than two such signs per use.

C.    Commercial Uses in the C-3 Zone, Except Service Stations.

1.    Signs shall be permitted in the C-3 zone to the same extent as in the C-2 zone; provided, however, additional signing may be approved by the planning commission.

D.    Service Stations in Commercial Zones.

1.    One lighted, freestanding sign not exceeding fifty square feet in area. Such sign shall not exceed thirty feet in height;

2.    Not more than two wall or canopy signs, each sign not exceeding thirty square feet in area;

3.    Not more than one price sign not exceeding sixteen square feet in area;

4.    Informational or other permanent promotional signs such as those indicating the availability of state approved services or trading stamps shall be permitted up to a combined maximum area of six square feet.

E.    Public and Semipublic Uses in Commercial Zones. One lighted sign not exceeding thirty square feet in area. Freestanding signs shall not exceed six feet in height. (Ord. 342 § 21, 1981).

15.32.220 Signs in industrial zones.

Except as prescribed in Section 15.32.190, only the following signs shall be permitted in an industrial zone:

A.    Industrial Uses in the M Zone.

1.    For each use, one single-faced, lighted wall or canopy sign, not exceeding one square foot of area for each lineal foot of building or portion thereof, may be placed on the side of the building facing the principal street frontage up to a maximum of one hundred square feet;

2.    For each use, one lighted, freestanding sign not exceeding seventy-five square feet in area; provided, however, that there be no more than one such sign per lot or parcel of land. Where more than one use is being conducted on a single lot or parcel of land, the permitted sign area for each use shall be combined into one freestanding sign up to a maximum of one hundred square feet. Freestanding signs shall not exceed thirty feet in height.

B.    Public and Semipublic Uses in Industrial Zones. One lighted sign not exceeding thirty square feet in area. Freestanding signs shall not exceed six feet in height. (Ord. 342 § 22, 1981).

15.32.230 Signs in mobile home parks.

At the major street entrance to the mobile home park, not more than two lighted signs, each not exceeding twenty square feet in area, may be attached to and not extending above a wall or fence, indicating the name of the mobile home park. (Ord. 342 § 23, 1981).

15.32.240 Freestanding signs—Planning commission review.

A.    All freestanding signs except special purpose signs as designated in Section 15.32.190 and permitted signs in residential zones shall be subject to the review and approval of the planning commission.

B.    The fee for the review of freestanding signs shall be as established by resolution of the city council.

C.    In its review of freestanding signs, the planning commission shall consider the size, shape, scale and location of the proposed sign as it relates to surrounding land uses in order to insure compatibility between signs and other structures and to reduce possible detrimental effects.

D.    Planning commission review of freestanding signs shall not be required where such signs have been approved in conjunction with commission approval of a conditional use permit or variance, or other architectural review process. (Ord. 342 § 24, 1981).

15.32.250 Freestanding signs—Appeal of commission action.

A.    If after reviewing a proposed freestanding sign, the planning commission should not approve the sign as submitted, or, if the applicant does not agree with the conditions of approval required by the commission, the applicant may appeal the decision to the city council by filing a notice of appeal with the city clerk within ten days after the date of the decision from which an appeal is being taken.

B.    The city council shall set a date for a public hearing, said date to be not more than thirty days from the date the appeal is filed.

C.    Notice of the time and place of the hearing on appeal shall be given by mailing copies of the notice by first class mail, postage prepaid, to the applicant or petitioner, to any interested person who has filed a written request for notice with the city clerk, to the planning commission, and by publication at least once in a newspaper of general circulation published and circulated in the city and posting such notice in a conspicuous place on or close to the property affected, at least ten days prior to the date of hearing. The council shall hear the matter and shall make its findings and conclusions not later than the conclusion of the next regularly scheduled meeting of the council meeting after the hearing. In its findings, the council shall report the facts found and its conclusions as to whether the decision appealed from is confirmed, reversed or modified. Copies of the decision of the council shall be mailed to the applicant or petitioner and to the planning commission. The decision of the city council is final. (Ord. 342 § 25, 1981).

15.32.260 Variances.

A.    Generally. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions thereof, variance may be granted as provided in this section. This shall not be construed to allow any use in any district wherein such use is prohibited.

B.    Application. Application for variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee in the sum of twenty-five dollars, and by a statement, plans and evidence showing:

1.    That there are exceptional or extraordinary circumstances or conditions applying to the sign or sign structure, building or zone which circumstances or conditions do not apply generally to other signs or sign structures, buildings or zones of the same nature;

2.    That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;

3.    That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

C.    Public Hearing. A public hearing shall be held within forty-five days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the city at least ten days prior to such hearing and by posting notice on the property involved, or adjacent thereto, at least ten days prior to such hearing.

D.    Action by Planning Commission. After the conclusion of the public hearing, the planning commission shall make a written finding of facts showing whether the qualifications under subdivision 1 of subsection B of this section apply and whether such variance will be in harmony with the general purpose of this chapter. Such written findings of facts shall be submitted to the city council within thirty days after the public hearing and may include recommendations for conditions the planning commission considers necessary to assure that the variance, if granted, is not the grant of a special privilege inconsistent with the limitations on other properties in the vicinity and that it will secure substantially the purpose of city regulations.

E.    Action by City Council.

1.    The city council shall consider the application for variance within thirty days after receipt of the planning commission report and, if the city council finds that the qualifications under subdivision 1 of subsection B of this section apply and that such variance is in harmony with the general purposes of this chapter, the city council shall by resolution grant such variance.

2.    The city council may designate such conditions in connection with the variance as it deems necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with. (Ord. 355 § 2, 1983: Ord. 342 § 28, 1981).

15.32.270 Appeals.

Any person who is dissatisfied with a decision of the planning commission or the city manager or any other official or employee of the city with authority to issue permits or licenses under the provisions of this chapter, and no other provision is made in this chapter for an appeal of such decision, may appeal to the city council in the same manner set forth in Section 15.32.250 of this chapter. (Ord. 355 § 4, 1983: Ord. 342 § 27, 1981).

15.32.280 Enforcement—Penalties and legal proceedings for violation.

A.    All departments, official and public employees of the city vested with the duty of authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license in conflict with the provisions of this chapter, and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the building inspector of the city to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any sign or structure.

B.    Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter is guilty of an infraction, and upon conviction thereof, shall be punishable by (1) a fine not exceeding fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for a second violation within one year; (3) a fine not exceeding two hundred fifty dollars for each additional violation within one year. Such person, firm or corporation is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm or corporation, and shall be punishable as herein provided.

C.    Any sign or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of any land, building or premises, established, conducted, operated or maintained contrary to the provisions of this chapter is unlawful and a public nuisance; and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such sign or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using such sign contrary to the provisions of this chapter.

D.    The remedies provided for herein shall be cumulative and not exclusive.

E.    Any permit or variance granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.

The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing and shall submit its recommendation to the city council. The city council shall act thereon within thirty days after receipt of the recommendation of the planning commission. (Ord. 355 §§ 3, 5, 1982: Ord. 342 § 28, 1981: Ord. 342 § 26, 1981).