(A) Grievance as a condition for appeal. Any aggrieved person may appeal the determination of the Building Official regarding a sign permit by filing such appeal with the Building Official.
(B) Appeals of administrative determinations. In order to determine the suitability of alternative materials and methods of construction and provide for reasonable interpretation of the provisions of this chapter, the City Council shall hear appeals with regard to any determination of the Building Official regarding a sign permit. Any such appeal shall be brought by written application, filed by the sign permit applicant with the Building Official within ten days following the action which is the subject of the appeal. The application shall specify the grounds for the appeal. Enforcement of this chapter shall be stayed pending the appeal. In hearing the appeal, the City Council shall review the determination of the Building Official. The City Council shall then act on the subject of the appeal. In no event will decision on the appeal be more than 45 days from the date the appeal is filed. The decision of the City Council shall be final.
(C) City Council variance authority. The City Council is given the authority to hear and grant variances related to the provisions of this chapter and related to the utilization of all signs including, but not limited to, electronic display screens or electronic message display sign (EMC) provided that the variance does not:
(1) Augment or increase the types of signs permitted by this chapter for location within the street interface zone;
(2) Increase the permitted area of a pole sign by more than 10% without amendment of this chapter;
(3) Decrease the setback or separation standards for billboards without amendment of this chapter; or
(4) Allow an applicant to reuse a pole that is currently located within the street interface zone and/or has not been structurally certified by a registered engineer as structurally capable of accommodating the new use.
(D) In all cases not affected by the above limitations, the Council may authorize a variance to any restriction set forth in this chapter, including, but not limited to, the number, type, area, height, or setback of signs of any other aspect involve in the sign permitting process.
(E) Variance procedure. A property owner or the owner’s authorized representative may file an application with the Building Official for a variance that will provide the applicant appropriate relief from the standards of this chapter. Upon filing of an application, the Building Official will, within 10 business days, determine whether the application is complete. The application for a variance shall be accompanied by a non-refundable $750 application fee. The Building Official will make arrangements with the City Secretary’s office to have the item placed on the next available City Council agenda in accordance with the preset schedule for such meetings, or a public hearing. In no event will the hearing date be more than 45 days from the date the application for a variance is deemed complete. The City Council shall rule on the variance at the conclusion of the hearing.
(1) Notice. Notice of the variance hearing shall be by posting on the agenda for the City Council in compliance with applicable law.
(2) Approval standards. In granting any variance, City Council shall consider the following criteria and shall grant a variance only if:
(a) Special conditions exists which are peculiar to the land, structure, or building involved and are not applicable to other lands, buildings or structures in the same vicinity. The city may attach such conditions to granting all or a portion of any variance necessary to achieve the purpose of this chapter;
(b) The strict interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the vicinity under the terms of this chapter. This condition of comparable enjoyment does not apply to properties with signs that predate the adoption of these restrictions nor those properties that hold vested rights of non-conformance;
(c) The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute monetary hardship or inconveniences;
(d) Granting the variance will meet the objectives of this ordinance and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare;
(e) The request will be the minimum variance necessary to alleviate the special hardship or practical difficulty faced by the applicant in meeting the requirements of this chapter; and
(f) Granting of the variance will be in harmony with the spirit and purpose of this chapter.
(Ord. 01-2016-07, passed 1-26-16)