3382.07 - Graphics plan.
Any request for review and approval of a graphics plan, where required by this Graphics Code, or where required by any rezoning, council variance, adopted plan, or other act of city council, shall be heard and decided by the graphics commission as provided by this Graphics Code.
A. The graphics commission shall have power, upon application, to grant approval of such graphics plan where it is shown that the resulting graphics will comply with the provisions of this Graphics Code, will be consistent with the requirements of the Zoning Code, and, where applicable, of said rezoning, council variance, or adopted plan.
B. In granting approval of a graphics plan, the graphics commission shall be empowered to grant a variance or a special permit, where it is shown that the conditions required by the underlying zoning, or other act of city council have been met.
C. The graphics commission shall in addition determine whether a proposed graphics plan complies with the following criteria:
1. Reasonably related to the accomplishment of specified goals in the planning and development process and of this Graphics Code;
2. Fair, protecting the legal rights of those affected; and
3. Understandable for those in the community and the marketplace, and for effective interpretation and enforcement by the city.
D. A graphics plan is a physical document consisting of written text which may be supplemented with visual exhibits, and which represents a binding commitment by the property owner. In addition to the application requirements of C.C. 3382.08 the owner shall provide a signed and dated graphics plan comprised of the text and any associated visual exhibits. Said text and exhibits shall, as a minimum, state specifically:
1. Any limitation to be imposed on the normal range of graphics permitted by this Graphics Code;
2. Any decrease or increase in any development standard required by this Graphics Code, including but not limited to, number, size, location, materials and color;
3. Any additional limitation to be imposed and enforced;
4. The manner in which the proposed graphics plan meets the applicable requirements of a rezoning, council variance, adopted plan or other act of council;
5. The manner in which the proposed graphics plan supports the general objectives of this Graphics Code as outlined in C.C. 3375.02. The standards of this Graphics Code shall govern except where the approved graphics plan stipulates any standard or standards; and
6. Said graphics plan shall in no way be used so as to grant a variance from or decrease the standards or requirements of the Zoning Code applicable to the underlying zoning of the subject parcel.
E. No minimum or maximum size shall be required for a parcel to be subject to a graphics plan, except that the special circumstances must apply to the entire parcel and the subject parcel shall include at least one entire lot.
F. An approved graphics plan shall be binding upon the applicant and the applicant's beneficiaries, successors and assigns and shall limit and control the issuance or validity of any certificate of zoning clearance for any graphic subject to said graphics plan. The application for a certificate of zoning clearance shall clearly indicate each applicable condition and limitation of the approved graphics plan.
G. Subsequent to approval of a graphics plan, the owner shall inform the graphics commission regarding any of the following changes in the status of the subject parcel; including rezoning of the property, revocation or expiration of the council variance, modification of the adopted plan as pertains to graphics, or other action of city council; or modification of the scale or type of use or uses to be constructed on the subject parcel.
The graphics commission shall conduct a public hearing to determine the continued applicability of the graphics plan. The graphics commission shall have power to revoke said graphics plan, based on the evidence presented at the hearing.
H. All general procedures required for the application for and approval of a graphics plan shall be required for any amendment to said approved graphics plan.
(Ord. 2837-96 § 10 (part); Ord. No. 2019-2021, § 1, 7-26-2021)