(a) Purpose. Sign variances provide a means to approve deviation from the sign code or other city code requirements related to sign size, sign height, sign location, or number of signs, where practical difficulties exist because of conditions or circumstances unique to an individual property. The purpose of this section is to establish the procedures for requesting a sign variance and the requirements for issuing a sign variance.
(b) Authority. The City Council shall serve as the board of appeals and adjustments pursuant to the provisions of M.S. §§ 462.354, subd. 2; 462.357, subd. 6; and 462.359, subd. 4, as they may be amended from time to time.
(c) Where authorized. Sign variances may be granted for the following:
(1) Sign size or height;
(2) Sign location;
(3) Number of signs; or
(4) Other dimensional feature.
(d) Where required. Prior to any city approval of a sign permit application that does not meet the standards of the city code, the City Council must approve a sign variance unless the city code provides an alternate means of deviation.
(e) Initiation. A sign variance application must be initiated by the owner of land upon which a variance is proposed or by the issuing authority. If originally denied, a sign variance application for the same item may not be resubmitted until one year after the original denial.
(f) Review. Sign variances must be acted upon by the City Council. The Planning Commission must hold a public hearing and offer a recommendation on all sign variances.
(g) Conditions of approval. The City Council may impose conditions in the granting of a sign variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the sign variance.
(h) Findings. Sign variance applications may be granted if applicant demonstrates, and the issuing authority makes, all findings required by this subsection. The issuing authority must apply the criteria in a content-neutral manner, not taking into consideration the communicative content of the sign or proposed sign.
(1) The variance is in harmony with the general purposes and intent of the sign code and other appliable sections of the city code;
(2) The variance is consistent with the Comprehensive Plan;
(3) The applicant for the variance establishes that there are practical difficulties in complying with the sign code, and strict compliance with the sign code would deprive the applicant of a reasonable use of a sign, consistent with the purpose of the sign. Economic considerations alone do not constitute practical difficulties;
(4) The property owner proposes to use the sign in a reasonable manner not permitted by the sign code or other applicable sections of the city code;
(5) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(6) The variance, if granted, will not alter the essential character of the locality, or deter or negatively affect the traveling public on roads or highways adjacent to the sign.
(i) Recording. A certified copy of the resolution approving a sign variance must be recorded with the county.
(k) Use variance prohibited. No sign variance may be granted that would allow a sign not of a type allowed at the lot or site subject to the sign variance application.
(m) Notice. In addition to the notice requirements set forward in § 21.502.01, if the sign variance application pertains to a variance within the Floodplain District, notice must also be given to the Minnesota Department of Natural Resources at least ten days prior to the date of the hearing.
(Ord. 2024-4, passed 2-26-2024)