§ 656.1320. Transfer of sign rights.

(a)

The Zoning Code is not and should not be inflexible. Strip development of property can create a blighted and unpleasant street-scape. Development off a main street can be difficult without some off-site signage. Consequently, the Council has seen the need for creating a transfer of sign development rights thereby allowing some off-site signage. This transfer will reduce total allowable signage. In order to avoid fraudulent practices, only the owner of transferring property may request a permit to erect a transferred sign.

(b)

The following terms shall have the following meanings set forth herein.

(1)

Transferring property means real property which will lose or give up rights to erect signage based on street frontage in return for the right to erect signage on another piece of property, i.e., the accepting property.

(2)

Accepting property means real property on which will be erected signage based on the loss of sign rights of another piece of property, i.e., the transferring property.

(3)

Street frontage sign or street frontage signage means a sign or signage which is allowed under Section 656.1302 and which is based on the street frontage of the real property where the sign is to be located.

(4)

Transferred sign means a sign erected on accepting property based on the loss of signage from the transferring property.

(5)

Transferrable sign rights means that right to erect a sign based on street frontage.

(c)

Sign rights may be transferred under the following circumstances.

(1)

The transferring property must be zoned CCG-1, CCG-2, CCBD, IL, IH or IW.

(2)

The accepting property must be zoned CCG-1, CCG-2, CCBD, IL, IH or IW.

(3)

The transferring property must be within 1,000 feet of the accepting property.

(4)

The transferred sign shall be no greater than 50 square feet.

(5)

In determining the allowable number and placement of street frontage signs on the accepting property pursuant to Part 13, Chapter 656, the transferred sign shall be considered a 300 square foot sign, and all signs erected on the accepting property shall comply with such requirements taking into consideration the existence of the transferred sign.

(6)

The message on the transferred sign shall be limited to identifying a business on the transferring property.

(7)

In order to obtain a transferred sign, the transferring property must give up six square feet of street frontage signage for every square foot of signage of the transferred sign; provided, however, that the transferring property shall give up not less than one street frontage sign and not less than 300 square feet of street frontage signage.

(8)

The person who requests the permit for erection of a transferred sign must be the owner of the transferring property. The owner of the accepting property must consent in writing to the granting of the permit and must acknowledge in writing the restrictions to be placed on the accepting property pursuant to this Section.

(9)

The transferring property shall have no nonconforming or illegal signs on it.

(10)

The accepting property shall have no nonconforming or illegal signs on it.

(11)

The accepting property shall not have more than one sign erected on it pursuant to this Section.

(d)

In the event that any court of competent jurisdiction declares or holds this Section to be invalid, unconstitutional, in whole or in part, then the entire Section is repealed and invalid.

(Ord. 93-976-436, § 1)