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REQUEST FOR COUNCIL ACTION DATE: 02-24-97 ITEM NO.: Manager Reviewed: Agenda Section: Re orts Appeal of City's interpretation of section 14.040 of the City's zoning code relating to the prohibition of flashing signs and the City's enforcement actions relating thereto. Background: . In August of 1996 Image Now applied for a sign permit to allow the renovation of the pylon sign located at the Rosedale Square shopping center at 1165 County Road C. A part of that renovation included the addition of an electronic message board on the top of the sign in question. The permit was issued. . The City sign code in Section 1009.03A2 indicates that flashing signs are prohibited. It further states that "where the message or graphic content of a sign can be changed by electronic or electronic means, such message may not change more than once every 24 hours except messages displaying time and temperature." . A notation was made on the permit application indicating one message per 24 hour period. The applicant received a copy of the permit application with the notation on it. . After construction of the sign, the City staff noted that the electronic message board was not being operated in accordance with the ordinance in that there was not a constant message on the sign which did not change more than once every 24 hours. Staff contacted the owners and informed them of the non-compliance of the sign. . The owners and the sign company have appealed staff's interpretation and enforcement actions in this matter. The basis of the appeal is the following: 1) The message does not change more than once every 24 hours. However, because of the limited number of characters that can be on the screen at anyone time, the message has to roll or scroll to get the whole message on. 2) The owners and sign company were not properly informed of the ordinance provision. 1