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In his arguments before the Planning & Zoning Commission, the <br />applicant has contested the staff's determination that the <br />proposed structure is a sign. The staff, however, determined <br />that a building which is designed in such a manner as to <br />advertise the product sold within constitutes a sign. In this <br />case, the building is designed as an ice cream cone and would, <br />if constructed, serve to advertise the product. For this <br />reason, they staff determined that approval of the site plan, as <br />submitted, would violate the provisions of the zoning code. <br />The staff has recommended that the applicant redesign his <br />proposed building so that it would not constitute a sign. <br />RECOMMENDATION: <br />Staff recommends that the appeal be denied and the TRC and <br />Planning Commission action be upheld. <br />Commissioner Scurlock inquired whether there is any need, as <br />far as structural design of the building is concerned, to have it <br />shaped like an ice cream cone, and Chief Planner Miller stated <br />there was none that he was aware of. <br />Commissioner Wodtke wanted to know if you build a church and <br />it looks like a church, or a power plant, and it looks like a <br />power plant, whether those are considered signs. <br />Planner Director Keating agreed that churches generally are <br />of similar construction, but that doesn't necessarily indicate <br />what is inside. Not all ice cream buildings are shaped like ice <br />cream cones; the proposed ice cream store actually visually <br />portrays the product that is being sold. If a car dealer, for <br />instance, has large plate glass windows so you can see the cars, <br />that doesn't constitute a sign, but if the building were to be <br />shaped like a Corvette, it would be considered a sign. <br />Director Keating advised that the ordinances we have now are <br />specific in saying that a sign can be structural or free stand- <br />ing; it can have certain characteristics, but if it pertains to <br />advertising or describing the principal use, then it is a sign, <br />and there are certain maximum square footages that are allowed. <br />This particular building exceed those square footages. <br />Commissioner Scurlock felt, for example, if you decided to <br />take the entire exterior of the building and paint an advertise- <br />ment on it, that would be a sign, and Director Keating confirmed <br />that it would. <br />33 <br />NOV-2 0 1985 - nu 69 FA;E 7,99 <br />