3. BASR 07-09-2013 - Laserfiche WebLink

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El REQUEST FOR ACTION River TO ITEM NUMBER Board of Adjustment 3 AGENDA SECTION MEETING DATE PREPARED BY Board of Adjustment July 9, 2013 Chris Leeseberg,Park Planner-Planner ITEM DESCRIPTION REVIEWED By Consider Appeal Request by Decklan Group/Granite Shores Jeremy Barnhart,Deputy Director, regarding the interpretation of sign regulations for free-standing CODD sign in DD district (633 Main St), Case No.V 13-04 REVIEWED BY ACTION REQUESTED Staff recommends denial of the appeal that would allow a new freestanding sign in the Downtown District (DD) based on the reading of Section 30-872, for the following reasons: 1. Freestanding and monument signs are not listed as allowed signs in the Downtown District. 2. There are no regulations for the size, height, and setbacks or freestanding and monument signs. BACKGROUND Staff received a permanent sign building permit application (2013-00727) on May 3, 2013 from the Decklan Group (applicant) on behalf of their client, Granite Shores. The application was submitted after conversations staff had with the applicant. Staff indicated that they would not be able to issue the permit because freestanding and monument signs are not listed as allowed signs. The applicant believes freestanding signs are allowed. Staff recommended they submit the permanent sign building permit application, staff would then deny the application, thus giving the applicant standing to appeal. Staff received the permanent sign building permit application from the applicant on May 3, 2013 and responded with a letter, dated May 8, 2013, denying the application. The formal letter of denial was reviewed by the city attorney. Downtown District Section 30-1026 (c) (7) allows signs as an accessory use as permitted in section 30-851 et seq. Section 30-872 (b) (1) indicates prohibited signs (freestanding signs are not listed in this area) Section 30-872 (b) (2) indicates one wall-mounted sign and one projecting sign shall be allowed. (no other types of signs are listed as an allowed sign) Permitted Uses Ordinance are created and used to guide property by indicating what uses are allowed in certain zones. Drafters of an ordinance cannot identify every conceivable use in the listings of permitted, conditional, or prohibited uses. Items not listed are not permitted,unless a logical case that the use is consistent with those listed. An extreme example: Heavy Manufacturing is not specifically listed as prohibited in the Single Family Zoning Districts; this is not interpreted to mean that someone can operate a foundry in their backyard. The same is true with the DD;just because freestanding signs are not specifically listed as POVIERED BY INATUPE