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February 9, 2021 Page 3 or similar decorative material, in construction and should conform to the material design of the principal structure. In addition to these requirements, there are several operational requirements which are designed to prohibit the impression of video, movement, flashing, scrolling, or similar perceptions of motion. The image must be static for the full 5 minutes (or more). The applicants and owner should be sure to familiarize themselves with the operational requirements, as compliance with these requirements will be a component of the Conditional Use Permit. The proposed sign slightly exceeds the dimensional requirements of code, being 2 inches above the maximum higher of 8 feet. It appears that the height may be an existing condition, and would be presumably legally non-conforming. If this is the case, the applicant should verify that they are not adding to the height of the existing sign. The digital display area, at 11.5 square feet, is 33.8% of the maximum allowable sign area. While the overall sign display area on this site is less than the maximum, the digital portion is compliant with the potential display. As such, staff finds that the proposed digital sign complies with the intent of the code. The locational requirements of the code are met. The sign may be allowed under the CUP, if the applicant reduces the height and the size of the dynamic sign. In summary, the proposed sign does not meet the requirements of the relevant Zoning and Sign Ordinance requirements. 2. Applicable Code Sections. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.253 establishes the process and findings required for consideration of Conditional Use Permits. Title XV Land Usage, Chapter 155 Sign Code, Section §152.29 Dynamic Displays regulates the construction and use of electronic dynamic display signs by Conditional Use Permit, and sets the various performance standards applicable to such signs. CONCLUSION AND RECOMMENDATION Planning Commission and Staff recommend approval of the requested Conditional Use Permit for an electronic dynamic display sign at 4004 Silver Lake Road NE with the following conditions: 1. Applicant will submit plans either showing a height of 8 feet, or verifying the existing height of the sign as it currently exists as a “grandfathered” condition. 2. Applicant will submit plans verifying that the dynamic sign accounts for a maximum of no more than 35% of the maximum allowable sign area. 3. Compliance with the operational standards of the code in Section 155.29, notably the requirements for a static, monochrome message of at least 5 minutes duration, and other related requirements. As such, planning staff recommends the following motion: 1. Motion to Approve the Conditional Use Permit application for a dynamic display sign, pursuant to findings related to compliance with the applicable city regulations, conditioned on modifications to the sign, along with ongoing operational practices, that meet the requirements of the sign ordinance. 33