§ 52-62. Posting property for zoning changes.

(a)

Any person, firm or corporation requesting a change in zoning from one district classification to another district classification under Ordinance No. 1144 shall erect and maintain a sign or signs, provided by the community development department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows:

(1)

One sign for the first three hundred (300) feet of each street frontage and one sign for each additional three hundred (300) feet of street frontage, shall be located within thirty (30) feet of the abutting street, or as determined by the director of community development department or his designated representative.

(2)

So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner.

(3)

On the subject property at least ten (10) days prior to the hearing of such zoning request by the planning and zoning commission, and to remain continuously on said property until final action by the city council or withdrawal of the case by the applicant. Removal of the sign by the applicant after a recommendation for denial by the planning and zoning commission shall constitute a withdrawal of his request.

(4)

So as not to create a hazard to traffic on the public rights-of-way abutting the property.

(b)

The signs, provided by the department of community development, shall be of a size, type and message content as determined by the director of the department of community development but shall advise that rezoning is requested and shall list the telephone number of the department of community development for more information.

(c)

Upon making an application for a zoning change, [the applicant] shall receive a sign as required by this section. After the zoning change is approved in final form by the city council, denied by the city council, withdrawn, or not appealed from a planning and zoning commission denial, the applicant shall remove the sign from the area of the request within ten (10) days of such event. Failure to so remove shall be unlawful.

(d)

(1)

It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested.

(2)

It shall be an affirmative defense to prosecution under (d)(1) of this section if, prior to the acts outlined in (d)(1), the underlying zoning case has been finally approved or denied by the city council or if such case has been withdrawn by the applicant or if such case is recommended for denial by the planning and zoning commission and the applicant does not appeal said denial to the city council.

(e)

In the event the applicant shall fail to erect and maintain signs in accordance with section 52-62(a) above, then the public hearing(s) before either the planning and zoning commission or the city council, shall be postponed to a date in the future which would allow time for compliance.

(f)

The owner or applicant erecting the sign required by this section shall not be required to obtain a permit under the city sign ordinance.

(g)

The owner or applicant shall promptly replace any sign required by this ordinance which becomes lost, stolen or vandalized. The planning and zoning commission and the city council shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs.

(Ord. No. 4292, § 1, 12-1-83, Ord. No. 5187, § 7, 8, 4-2-87; Ord. No. 5910, § 1, 1-17-91; Ord. No. 6701, § 1, 11-2-95)