Under the current provisions in the City’s Land Development Code (LDC), the only signs allowed for permitted use in commercial districts are wall signs, monument signs, real estate signs and window signs. The existing sign located at 6153 Massachusetts Avenue is defined as a pole or freestanding sign as outlined in Section 13.02.00 of the City’s LDC and therefore is a nonconforming sign.
In addition, Section 13.06.00 of the City’s LDC states that nonconforming signs shall be brought into conformity or removed as expeditiously as possible. Section 14.04.00 of the City’s LDC defines a nonconforming use as one in which the structure or land ceases to be used for a period of twelve (12) consecutive months or a local business tax receipt for the use has not been issued for a period of twelve (12) consecutive months. After a review by staff it was determined that fifteen (15) months transpired between the dates of a valid Business Tax Receipt at this location therefore making the structure and land as a nonconforming use. With this determination as a nonconforming use, the current pole sign is therefore also determined to be a nonconforming sign. A copy of the Business Tax Receipt history is attached for reference.
Under the sign Section of the City’s LDC, any person aggrieved by any decision or order by a staff person after referral and disposition by the City Manager may appeal to the City Council by submitting a written notice within thirty (30) days of the decision. Mr. Nathan Pollock has met the time requirements for an appeal to be considered by the City Council.