The Planning and Zoning Board of Appeals shall hear and make recommendations to the City Council with regard to requests for variations from the city sign ordinance.
(A) Determination of need for a variation. It shall be the duty of the Zoning Administrator, after an application for any sign permit, to advise the applicant whether under the provisions of this subchapter, a sign variation is required.
(B) Preliminary conference.
(1) Any applicant for a sign permit that requires a variance may file a written request for a preliminary conference with the Planning and Zoning Board of Appeals. At the conference, the Planning and Zoning Board of Appeals shall give consideration to preliminary exterior drawings, sketches or photographic examples, landscape and site plans and materials on a specific project, and shall provide the applicant with guidance in the development of a plan which would be consistent with the requirements and purposes of this subchapter.
(2) Notice of this preliminary meeting shall be provided to tenants within 250 feet of the subject property. Notice will be by mail and shall be given no more than 30 days nor less than 15 days before the meeting. Such notice shall include the time and place of the hearing, a general description of the contents of the request to be heard, and the address or location of the property to which the request applies.
(C) Procedure.
(1) An applicant for a sign permit that requires a variation shall apply to the Planning and Zoning Board of Appeals for such variation and shall submit all items as required in division (C)(3) below. Upon receipt of such application, the Planning and Zoning Board of Appeals shall schedule a meeting where the applicant shall be given an opportunity to make a presentation and all interested parties shall be given the opportunity to comment.
(2) Notice of public hearings on requests for variances shall be given no more than 30 days nor less than 15 days before the hearing by publication in a newspaper of general circulation in the city. Such notice shall include the time and place of the hearing, a general description of the contents of the request to be heard, and the address or location of the property to which the request applies. The published notice may be supplemented by such additional form of notice as provided by rule of the hearing body.
(3) At the time of the public hearing, the applicant shall provide the Board with the following documents depicting exterior design features:
(a) Drawings which shall include plans, elevations and site plans;
(b) Landscaping and screening plans (when appropriate);
(c) Renderings and specifications for signs;
(d) A statement as to kind, color and texture of materials; and
(e) All documents shall be drawn to scale.
(4) Based upon the findings of fact in division (D) below, the Planning and Zoning Board of Appeals shall make its recommendation to the Mayor and Aldermen of the city within 30 days of the conclusion of the hearing. The concurring vote of a majority of the members of the City Council shall be necessary to grant a variance. The order of the City Council shall be by written resolution and contain its findings of fact.
(5) Upon the granting of a variation by the City Council, the exterior drawings, sketches, landscape and site plans, renderings and materials upon which the variance was granted shall be turned over to the Zoning Administrator whose responsibility it shall be to determine that, upon completion, there have been no deviations from the approval regarding sign design, aesthetics or regulations contained within this subchapter.
(6) The Building and Zoning Department will be responsible for inspecting the built sign plans and built sign to ensure that it does not deviate from this and other city codes related to structural, electrical and any other regulations contained in this subchapter or other city codes. Such deviations shall constitute a violation of this subchapter, in which event the Zoning Administrator or Building and Zoning Department may stop work on the project in the same manner as for a violation of the city code. Work may not be resumed until such deviations are corrected.
(7) It shall be the duty of the person to whom a variation has been granted to comply with the requirements and/or conditions of the variation and to obtain such inspections as are necessary to assure compliance. The Building Official shall give notice to said person of any deficiencies found to exist. Failure to correct any deficiencies within ten days after receipt of notification of such deficiency shall constitute a violation of this subchapter.
(D) Findings of fact. After hearing and considering the materials presented, the Planning and Zoning Board of Appeals shall recommend a variation if it finds that:
(1) The applicant’s plans are substantially consistent with the design criteria of this subchapter;
(2) The proposed exterior design features of the sign are suitable and compatible with the character of neighboring buildings and structures existing or under construction and with the character of the neighborhood and the applicable zoning district, and enhance the environment of the city;
(3) The exterior design features of the sign will not be detrimental to the harmonious and orderly growth of the city; or
(4) The exterior design features of the sign will not cause a substantial depreciation in the property values in the neighborhood.
(E) Validity and extension of time.
(1) No order granting a variation shall be valid longer than 12 months from the date the approval was granted unless an application for building permit is filed within such period or the use is commenced within such period.
(2) The City Council may grant one additional extension of time not exceeding 12 months, upon written application made within the initial 12- month period, without further notice or hearing. The right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation.
(G) Amendments to approved variations. Amendments to a variation may be obtained by application in the same manner as provided for an original variation.
(Prior Code, § 166.129) (Ord. 2014-040, passed 7-8-2014; Ord. 2021-043, passed 9-14-2021) Penalty, see § 165.999