07-12-2001 Regular Meeing and Public Hearing

Browse Search

Board of Adjustment 01/24/02 - #A 01-00.2 Page 2 of 3 "No sign'nor part of any sign may have lights which flash, move or. rotate in - such a manner as to be confused with traffic signals or emergency vehicle signals, or in a manner that confuses, misleads. or distracts traffic motorists. Beacons may not be placed on any signor be made apart of any sign. Additionally, no sign that resembles an official tall c control sign, signal or device or that bears the words. stop, go slowly, caution, danger, detour, or other wording for traffic control signs or devices may be used within the city. " A copy of the city regulation follows this report and is identified as "Exhibit C". The sign plans submitted along with the permit application did not clearly indicate the use of flashing .or moving lights; therefore, the. subsequent issuance of both permits does not authorize the use of lights that conflict with city regulations Staff has discussed the regulation and the need for compliance with the. applicant; however, Mr. Ybarra has chosen to make use of the appeal avenue. His application to Appeal of the Building Official's Decision #A01-002 follows, this report. The applicant is requesting he be allowed to continue the use of moving lights on both signs. Analysis: In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made; and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement off cer 'is a reasonable presumption and the zoning ordinance is unreasonable. Current regulations , are written in a clear manner that. allows the enforcement officer to understand the intent of City Council as it relates to signs and sign lights. This regulation has been in effect for some time and the regulation has not -been proven to be "unreasonable".