(a) Standards for approval of a sign variance: The following factors shall be found by the Planning Commission of the city in determining practical difficulty or hardship:
(1) That the variance will not impair any of the regulatory purposes provided within this chapter;
(2) That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning districts. Examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures, or conditions;
(3) That the variance is the minimum necessary to resolve the practical difficulties prompting the variance request;
(4) That the essential character of the neighborhood would not be substantially altered;
(5) That adjoining properties will not suffer substantial detriment as a result of the variance;
(6) That the variance would not adversely affect the delivery of governmental services such as public safety services response, or water, sewer, or trash pickup; and
(7) That the special conditions or circumstances on the property were not caused by the current owner who is requesting the variance.
(b) Variances shall not be granted where the special conditions and circumstances are the result of actions by the current owner of the property.
(1) Variance process: Authority to consider variance(s) from the terms of this chapter is granted to the Planning Commission.
(2) Pre-application meeting: The potential applicant may schedule a pre-application meeting with the Zoning Inspector or the Assistant Zoning Inspector. The purpose of this meeting shall be to review the applicant's sign plan and to explore options for the sign to conform to this chapter, without a sign variance. The Zoning Inspector or the Assistant Zoning Inspector may provide a written summary of the pre-application meeting and recommendations to the potential applicant. A potential applicant who does not schedule a pre-submittal meeting, or who does not follow said recommendations from such meeting, shall not be barred from applying for a sign variance.
(3) Submittal requirements: An application for a sign variance shall be filed on a form provided by the Zoning Inspector or the Assistant Zoning Inspector, and shall be accompanied by the following requirements:
A. Name, address, and phone number of applicant(s) and property owner;
B. Proof of ownership, legal interest or written authority;
C. Legal description of property or portion thereof;
D. Description of variance requested;
E. Narrative statements establishing and substantiating the justification for the variance pursuant to division (a) of this section;
F. Elevations and other drawings at a reasonable scale to convey the need for the variance;
G. Payment of the application fee; and
H. Any other documents deemed necessary by the Zoning Inspector or the Assistant Zoning Inspector.
(4) Preliminary review by Zoning Officials: Upon receipt of an application, the Zoning Inspector or the Assistant Zoning Inspector shall, within five working days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the Zoning Inspector or the Assistant Zoning Inspector shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. When the application is complete, it shall be placed, upon the Planning Commission's agenda.
(5) Notice to property owners: The applicant shall provide a list of the owners within 200 feet of the property for which the variance is requested to the Zoning Officials. Written notice of the public hearing shall be provided to all owners of property within 200 feet of the subject site, as measured from the boundaries of the lot on which the proposed sign would be erected. Such notice shall be sent, by the applicant by certified mail, to the owners at least seven days before the date of the hearing.
(6) Sign variance public hearing and notice: Within five working days of determining that an application contains all the necessary and required information, the application shall be placed upon the Planning Commission agenda for its next public meeting occurring not less than ten days after receipt of the completed application. The Planning Commission shall consider the sign variance application at a public hearing.
(7) Planning Commission hearing and recommendation: The Planning Commission shall review the application and recommend that the variance be granted as requested; be granted as modified by the Planning Commission; or be denied. The Planning Commission shall indicate the specific reasons(s) for its recommendation, including specific findings for each standard listed in division (a) of this section.
(8) Temporary sign while review pending: The applicant may erect a temporary sign while the sign variance application is pending before the Planning Commission. The temporary sign must conform to all other provisions of this title.
(9) No modification: There shall be no modification of variances except by further consideration of the Planning Commission.
(10) Expiration of the variance: If for any reason construction of a sign has not commenced, the variance shall expire six months from the date on which it was granted. Extension of variances, without modification, may be applied for prior to the date of expiration. Extensions, up to an additional six months, may be granted by the Planning Commission if it finds that the requested extension is consistent with the purpose, policies, and intent of this chapter. Requests for renewal of expired variances shall be considered to be new variance applications.
(Ord. 16-O-2895, passed 1-3-20117)