Meridian Library Sign AP 99-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE APPEAL
OF THE PLANNING AND ZONING
ADMINISTRATOR'S DENIAL OF
SIGN PERMIT FOR THE MERIDIAN
LIBRARY LOCATED AT 1326 W.
CHERRY LANE, MERIDIAN, IDAHO
CASE NO: AP-99-007
ORDER GRANTING
APPEAL, OVER-RULING OF
PLANNING AND ZONING
ADMINISTRATOR'S
DENIAL OF MONUMENT
SIGN WITH MESSAGE
CENTER FOR THE
MERIDIAN LIBRARY
DISTRICT AND ORDER OF
REMAND
This matter coming before the City Council on December 21, ! 999, at 7:30
p.m., upon the appeal of the Meridian Library District, by and through its
representative, AIM Sign Company, Inc., and the Council having received the Appeal
Application form, and the record in this matter, and having heard the arguments and
presentation of Shari Stiles, the City of Meridian Planning and Zoning
Administrator, and appearing on behalf of the Applicant, Ron Harold, representative
of AIM Sign Company, Inc., and Patricia Younger, from the Meridian Library
District, and being fully advised in the premises issues the following Findings of Fact
and Conclusions of Law and Decision and Order:
ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 1 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
FINDINGS OF. FACT
1. The Meridian Library District submitted for approval, to the Planning
and Zoning Administrator, a sign as depicted in AIM Sign Company, Inc. Design
Approval, Job Name MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" =
1 '0".
2. The Planning and Zoning Administrator's office denied the Electronic
Message Center portion of the proposed sign upon the basis that it violated the
provision of § 11-2-415 C paragraph 7 of the Municipal Code, which prohibits signs
in all districts, except as otherwise provided by ordinance with "flashing lights or
strobe lights of any color".
3. The Meridian Library District, through its representative, AIM Sign
Company, Inc., timely filed an appeal of the Administrator's determination and
decision for hearing before the City Council.
4. The Meridian Library District has agreed to turn the message center off
when the Library is closed and to use the system, which will be used for the
Electronic Message Center, is a LED (Light Emitting Diodes System), which emit
very little light, and will be a amber colored system with equivalent light from the
LED of approximate 5 watt incandescent system, and will not use the "flash" message
system display.
ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 2 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
5. Subject to the conditions of Finding no. 4, herein, the proposed
Electronic Message Center is not a "flashing lights or strobe lights" prohibited sign,
and therefore the decision of the Administrator of denial is over-ruled.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating signs as follows:
1.1 The activities and types of signs shall be expressly prohibited in
all districts except as otherwise provided by this Ordinance.
.1.2 Flashing lights or strobe lights of any color.
2. The City ordinances provide at § 11-2-404 D 1 a of the Municipal Code
for an appeal, hearing and review by the City Council of an order, requirement,
decision, interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER GRANTING APPEAL, OVER-RULING OF
PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC
MESSAGE CENTER PORTION OF MERIDIAN LIBRARY DISTRICT SIGN
AND ORDER. OF REMAND
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The decision of the Planning and Zoning Administrator of denial of the
ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 3 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
Electronic Message Center portion of the proposed sign upon the basis that it
violated the provision of § 11-2-415 C paragraph 7 of the Municipal Code, which
prohibit signs in all districts except as otherwise provided by ordinance with:
"Flashing lights and strobe lights of any color", is over-ruled upon the condition that
the Meridian Library District has agreed to turn the message center off
when the Library is closed and to use the system, which will be used for the
Electronic Message Center, a LED (Light Emitting Diodes System), which emit very
little light, and will be a amber colored system with equivalent light from the LED of
approximate 5 watt incandescent system, and will not involve the use the "flash"
message system display and otherwise is in accordance with the presentation and
dimensions as depicted in AIM Sign Company, Inc. Design Approval, Job Name
MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" = 1'0".
2. This matter is remanded to the Planning and Zoning Administrator for
further action in accordance with this decision.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the appeal may within twenty-eight (28) days after the date of this decision and
ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 4 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
ROLL CALL:
COUNCILMAN ANDERSON
day of
VOTED
COUNCILMAN BENTLEY
VOTED
COUNCILMAN BIRD
VOTED
COUNCILMAN ROUNTREE
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAIad~R)
DATED: t/--,~ --t52~)
VOTED
MOTION:
APPROVED: ~ DISAPPROVED:
Copv served u~on ADnlicant, the Plann~ilamn~,nin~ Der)artment, Public Works
d _r- ~.
Department and the C~ty Attorn~..4
C~tk Clerk '
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O~ER G~TING ~P~ OV~ r~~ OE P~NING - PAGE 5 OF 5
~D ZONING ~MINIST~TOR'S
; ~N~O~ MONUMENT
SIGN WITH MESSAGE CENTER FOR THE ME~D~
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