§ 16.5-15. Variance.

(a)

Application and fee required. Any person, business or other organization desiring to continue to construct, reconstruct, place, install, repair, maintain, relocate, alter or use any sign which does not conform to the provisions of this chapter may make application to the city council for a variance to the provisions of this chapter. The application will be reviewed by the planning and zoning commission whose decision shall be final. The application shall be filed with the city, accompanied by the appropriate fee established by city council, and conform to all requirements established herein.

(b)

Requests for variances after permit denial. Within ten (10) business days after denial of a sign permit by the city building official, an applicant may file a written request for a variance with the planning and zoning commission.

(c)

Action. Unless an extension or postponement is sought by the applicant, the planning and zoning commission shall consider and take action on the written request for a variance within forty-five (45) days of receipt of the administratively complete application by the city.

(d)

Standards for variances. A variance shall not be granted unless the following affirmative findings, as reflected in the minutes of the meeting, are made by the planning and zoning commission:

(1)

The variance will not authorize a type of sign which is specifically prohibited by this chapter;

(2)

The variance is not contrary to the goals and objectives outlined by the city;

(3)

The variance is not contrary to the public interest;

(4)

Due to special conditions, applying to the land, buildings, topography, vegetation, sign structures, or other unique matters on adjacent lots or within the adjacent right-of-way, a literal enforcement of the ordinance would result in unnecessary hardship. Ordinarily, hardship that is self-induced or that is common to other similarly classified properties will not satisfy this requirement. Financial or economic hardship alone will not ordinarily satisfy this requirement;

(5)

The spirit and purpose of the chapter will be observed, and substantial justice will be done.

(e)

Conditions of variances. The planning and zoning may impose such conditions or requirements in a variance as are necessary in their judgment to achieve the fundamental purposes of this chapter. A violation of such conditions or requirements shall constitute a violation of this chapter. A variance, if granted, shall be for a specific event, use or other application of a business and shall not continue with the property. If a variance is granted and the sign so authorized is not under construction within ninety (90) calendar days of the date of approval of the variance, the variance shall lapse and become of no force or effect.

(Ord. No. 2010-20, §§ 1, 2, 5-18-10)

APPENDIX

(Ord. No. 2010-20, §§ 1, 2, 5-18-10)