A.

A graphics commission is hereby created, consisting of seven members . Appointments shall be made so as to include on the graphics commission at all times:

1.

Three persons actively engaged as an architect, attorney, building contractor, professional engineer, real estate broker, or mortgage banker;

2.

Two persons actively engaged in the sign industry;

3.

Two persons not actively engaged in any of the professions listed in (1) or (2) above.

B.

The commission members shall be appointed by the mayor for a term of three years and shall be residents of Franklin county or a county abutting Franklin county. The majority of commission members shall be residents of the city of Columbus. The term of each commissioner shall continue until a successor is appointed. The mayor may remove any member for incompetence, neglect of duty, malfeasance, or misconduct in office. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made.

C.

All commission members shall be paid for commission service in accordance with the administrative salary ordinance.

D.

The department shall serve as staff for the commission.

(Ord. 2837-96 § 10 (part); Ord. 1272-01 § 1 (part); Ord. No. 0127-2019, § 4, 2-4-2019)

A.

The graphics commission shall meet and organize by the election of a chairperson and vice-chairperson. The commission shall adopt rules of procedure and provide for regular and special meetings. The commission shall meet at least once each month.

B.

Four members shall constitute a quorum for the purpose of conducting business. The concurring vote of four members shall be necessary to reverse or modify any order, requirement, decision or determination or to grant a variance, special permit, approve a graphics plan, to adopt rules or regulations, or other action requiring commission approval; except that if only four or five members are present, the concurring vote of three members shall be necessary. Whenever a quorum is present and an applicant fails to obtain the required number of votes in favor of an appeal, variance, special permit, graphics plan or other application, then the order, requirement, decision or determination appealed from shall be deemed affirmed or the variance, special permit or graphics plan deemed denied and such action shall be final.

C.

The department shall submit a recommendation regarding any matter to be decided by the commission in public hearing within such time as provided by rule of the commission. The department is authorized to request and receive reports from the various city departments and divisions concerning the anticipated effect of any commission action on their operation and administration, and to correlate such reports into the department's recommendation concerning the request.

(Ord. 2837-96 § 10 (part); Ord. 1272-01 § 1 (part).)

The duties of the graphics commission shall be as follows:

(A)

Hear and decide all requests, except as provided for in C.C. 3323 and 3359, for appeals or variances from the application of this Graphics Code;

(B)

Hear and decide all requests, except as provided for in C.C. 3323 and 3359, for special permits where required by this Graphics Code;

(C)

Hear and decide all requests, except as provided for in C.C. 3323 and 3359, for approval of a graphics plan and any other action required by this Graphics Code to be heard by the graphics commission;

(D)

Hear and decide all requests included in the 2024 Zoning Code for approval of a graphics plan, and any other action required by this Graphics Code or the graphics standards in the 2024 Zoning Code to be heard by the graphics commission.

(E)

Review, except as provided for in C.C. 3323 and 3359, special graphics control area design criteria and standards proposed for adoption and to make a recommendation to city council;

(F)

Serve as a board of appeals from rulings or procedures of the board of examiners of general and limited sign erectors;

(G)

Review the existing Graphics Code and propose new legislation to be prepared by the department;

(H)

Review all pending legislation pertaining to graphics and make recommendations to city council; and

(I)

Recommend changes to the City Codes pertaining to graphics.

(Ord. 3398-98 § 2; Ord. 1272-01 § 1 (part); Ord. No. 1508-2013, § 4, 7-22-2013.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The graphics commission shall hear an appeal upon application and within 90 calendar days from the date the application is received by the department, unless the person appealing agrees to a later hearing. The graphics commission may reverse, affirm, or modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination, as in its opinion and consistent with this Graphics Code ought to be made, and to that end shall have the powers of the office from which the appeal is taken.

The commission shall not entertain any appeal filed more than 30 calendar days after the date of the order, requirement, decision or determination appealed from or within such different time as may be specifically provided in this Graphics Code.

(Ord. 2837-96 § 10 (part); Ord. No. 0455-2010, § 93, 4-5-2010)

Any request for a variance from this Graphics Code or the graphics standards in the 2024 Zoning Code shall be heard and decided by the graphics commission as provided by this Graphics Code.

A.

The graphics commission shall have the power, upon application, to grant a variance from one or more provisions of this Graphics Code. No variance shall be granted unless the commission finds that a hardship exists, based upon special physical conditions which:

1.

Are due to exceptional shallowness, shape, topographic conditions or other extraordinary situations peculiar to the premises itself; or

2.

Differentiate the premises from other premises in the same zoning district and the general vicinity; or

3.

Prevent a reasonable return in service, use or income compared to other conforming premises in the same district; and

4.

Where the result of granting the variance will not be injurious to neighboring properties and will not be contrary to the public interest or to the intent and purpose of this Graphics Code.

B.

In granting a variance, the graphics commission may impose such requirements and conditions regarding the location, character, and other features of the graphics as the commission deems necessary to carry out the intent and purpose of this Graphics Code and to otherwise safeguard the public safety and welfare.

C.

Nothing in this Graphics Code shall be construed as authorizing the commission to affect changes in the Zoning Map or to add to the uses permitted in any zoning district in this Zoning Code or the 2024 Zoning Code.

(Ord. 2837-96 § 10 (part).; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Any request for a special permit, where required by this Graphics Code shall be heard and decided by the graphics commission as provided by this Graphics Code.

A.

The graphics commission shall have power, upon application, to grant a special permit for the situations listed in C.C. 3375.12(B), where it is shown that the special permit can be granted without substantial detriment to the public good, without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located, and without significant incompatibility with the general character of the neighborhood.

B.

In granting a special permit the graphics commission may impose such requirements and conditions regarding the location, character, and other features of the proposed graphic, as well as such special conditions as maintenance provisions and time limitations necessary to carry out the intent and purpose of this Graphics Code and to otherwise safeguard the public safety and welfare.

C.

The graphics commission shall have power to review and to revoke any special permit when a condition of the approval has been violated. The applicant shall be notified and given an opportunity to conform prior to such revocation.

(Ord. 2837-96 § 10 (part).)

Any request for review and approval of a graphics plan, where required by this Graphics Code, or where required by any rezoning, council variance, adopted plan, or other act of city council, shall be heard and decided by the graphics commission as provided by this Graphics Code.

A.

The graphics commission shall have power, upon application, to grant approval of such graphics plan where it is shown that the resulting graphics will comply with the provisions of this Graphics Code, will be consistent with the requirements of the Zoning Code, and, where applicable, of said rezoning, council variance, or adopted plan.

B.

In granting approval of a graphics plan, the graphics commission shall be empowered to grant a variance or a special permit, where it is shown that the conditions required by the underlying zoning, or other act of city council have been met.

C.

The graphics commission shall in addition determine whether a proposed graphics plan complies with the following criteria:

1.

Reasonably related to the accomplishment of specified goals in the planning and development process and of this Graphics Code;

2.

Fair, protecting the legal rights of those affected; and

3.

Understandable for those in the community and the marketplace, and for effective interpretation and enforcement by the city.

D.

A graphics plan is a physical document consisting of written text which may be supplemented with visual exhibits, and which represents a binding commitment by the property owner. In addition to the application requirements of C.C. 3382.08 the owner shall provide a signed and dated graphics plan comprised of the text and any associated visual exhibits. Said text and exhibits shall, as a minimum, state specifically:

1.

Any limitation to be imposed on the normal range of graphics permitted by this Graphics Code;

2.

Any decrease or increase in any development standard required by this Graphics Code, including but not limited to, number, size, location, materials and color;

3.

Any additional limitation to be imposed and enforced;

4.

The manner in which the proposed graphics plan meets the applicable requirements of a rezoning, council variance, adopted plan or other act of council;

5.

The manner in which the proposed graphics plan supports the general objectives of this Graphics Code as outlined in C.C. 3375.02. The standards of this Graphics Code shall govern except where the approved graphics plan stipulates any standard or standards; and

6.

Said graphics plan shall in no way be used so as to grant a variance from or decrease the standards or requirements of the Zoning Code applicable to the underlying zoning of the subject parcel.

E.

No minimum or maximum size shall be required for a parcel to be subject to a graphics plan, except that the special circumstances must apply to the entire parcel and the subject parcel shall include at least one entire lot.

F.

An approved graphics plan shall be binding upon the applicant and the applicant's beneficiaries, successors and assigns and shall limit and control the issuance or validity of any certificate of zoning clearance for any graphic subject to said graphics plan. The application for a certificate of zoning clearance shall clearly indicate each applicable condition and limitation of the approved graphics plan.

G.

Subsequent to approval of a graphics plan, the owner shall inform the graphics commission regarding any of the following changes in the status of the subject parcel; including rezoning of the property, revocation or expiration of the council variance, modification of the adopted plan as pertains to graphics, or other action of city council; or modification of the scale or type of use or uses to be constructed on the subject parcel.

The graphics commission shall conduct a public hearing to determine the continued applicability of the graphics plan. The graphics commission shall have power to revoke said graphics plan, based on the evidence presented at the hearing.

H.

All general procedures required for the application for and approval of a graphics plan shall be required for any amendment to said approved graphics plan.

(Ord. 2837-96 § 10 (part); Ord. No. 2019-2021, § 1, 7-26-2021)

Where required by this Graphics Code, approval by the graphics commission on a case-by-case basis is required in order to utilize other specific types of graphics. C.C. 3375.12(D) lists the miscellaneous graphics requiring such review and approval, including graphics not otherwise authorized by this code.

(Ord. 2837-96 § 10 (part); Ord. No. 1200-2017, § 42, 6-12-2017)

Any application for an appeal, variance, special permit, graphics plan, or other matter to be decided by the commission in public hearing, shall be filed with the department in the format provided for that purpose. An application fee shall be paid in accordance with the fee schedule in effect at the time of application.

(Ord. 2837-96 § 10 (part); Ord. 1272-01 § 1 (part).)

Public notice of all matters scheduled for hearing and action by the graphics commission, including those miscellaneous graphics applications required by C.C. 3382.08, shall be published at least once in the City Bulletin of the city at least seven days before the date of the hearing, and in accordance with the rules and regulations of the graphics commission.

Before any meeting at which a request for a variance, special permit, or graphics plan will be heard or decided, notice of the time and place of such meeting shall be sent by mail to the applicants, all the owners of any parcel or parcels which are the subject of the request, and all the owners of properties within 125 feet of the exterior boundaries of the subject parcel or parcels in the same ownership. Where the subject site falls within the boundaries of an established area commission or other recognized body, notification shall be sent to the designated representative of the commission or body.

All such meetings shall be held on such dates and at such times as provided for by rule of the graphics commission.

(Ord. 2837-96 § 10 (part).)