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PLANNING REPORT <br /> DATE: September 15, 2011 <br /> CASE: ZA2011-003 <br /> SUBJECT: Zoning Code Amendment to allow manual changeable copy signs <br /> APPLICANT: Tim Larson on behalf of Dairy Queen <br /> REQUEST&BACKGROUND <br /> The applicant is requesting a Zoning Code Amendment to allow manual changeable copy signs, <br /> also known as reader boards. Zoning Code Section 9-040 (1) (F) currently prohibits all manual <br /> changeable copy signs in the City. The proposed amendment would be to delete manual <br /> changeable copy signs from the prohibited signs list in Chapter 9 of the Zoning Code. <br /> The applicant applied for several sign permits a few months ago to update the DQ logo signs at <br /> 409 Old Highway 8 NW. There is an existing manual changeable copy reader board on the <br /> existing pylon sign. The applicant proposes to remove the existing sign and replace it with a <br /> new, slightly larger reader board. Because the code prohibits these signs, the applicant was not <br /> granted approval to change out the reader board. The Zoning Code, and State law for that <br /> matter, allows you to maintain existing nonconformities, meaning the applicant can keep the <br /> existing reader board. That applicant was also given the option to replace the existing reader <br /> board with a new reader board of the same size as State law also allows replacement of <br /> nonconforming uses so long as the replacement does not qualify as an expansion. Unfortunately, <br /> the applicant already purchased the larger reader board. <br /> The proposed Zoning Code Amendment, if approved, would allow manual changeable copy <br /> signs in every zoning district. There is no option to allow the manual changeable copy sign for <br /> just this property, such as approving a variance. This is because State law prohibits the granting <br /> of a variance for something that isn't allowed to begin with. This would be considered a "use" <br /> variance, which is unlawful. <br /> ATTACHMENTS <br /> A—Denial Resolution <br /> B—Approval Resolution <br /> C—Applicant Narrative <br /> D—Proposed Sign <br /> FINDINGS <br /> Section 9-040 (1) (F). Signs not permitted. <br /> SITE CHARACTERISTICS <br /> Location: 409 Old Highway 8 NW <br /> Lot Size: 15,372 SF (0.35 acres) <br /> Topography: generally flat <br /> Comprehensive Plan Designation: BP, Business Park <br /> Zoning: I -1, Light Industrial <br /> Surrounding Land Uses: <br /> North: industrial uses <br /> South: industrial uses <br /> East: industrial uses <br /> West: Old Highway 8 NW, residential uses, commercial uses <br />