(A) Board of Appeals. The Zoning Board of Appeals shall act as the Board of Appeals for these regulations. The Board of Appeals shall have the authority to interpret, consider appeals of administrative decisions and consider requests for variances; provided, the Board of Appeals shall have no authority to hear an appeal, interpret provisions or consider a variance from any matter that relates to the construction or design specifications established by the City Building Code. Such decisions shall be the sole province of the Construction Board of Appeals.
(B) Appeals. Any person aggrieved by any decision or order of the Director of Public Works or Zoning Administrator in connection with any provision of these regulations may appeal to the Board of Appeals within 30 days of the decision or order.
(C) Interpretation. The Board of Appeals may interpret any aspect of the regulations of this chapter. Such interpretation may be requested by an applicant, business owner, city official, the Zoning Administrator or the Director of Public Works.
(D) Variances.
(1) The Board of Appeals shall hear variance requests on all applications that do not conform to the provisions of these regulations, relating to the location, maintenance, design, illumination, size, height, number and type of signs. The Board of Appeals may require the applicant to present photographs of similar signs, color renderings of the proposed sign or such other evidence, information or exhibits it determines to be necessary prior to making a decision.
(2) The Board of Appeals shall use the following standards to determine if a variance is warranted. All of the following standards shall be satisfied, as applicable.
(a) The applicant has demonstrated a variance is needed due to a practical difficulty on the site or unique condition that is more than mere inconvenience or mere inability to attain a supposed higher financial return or incur additional costs. These conditions may include varied topography, horizontal or vertical road curvature, or presence of structures or desired trees that limits visibility of a sign on the premises compared to similar sites with conforming signs in the same zoning district.
(b) A variance is warranted due to circumstances exceptional and peculiar to the property for which the variance is requested, and those conditions do not exist generally throughout the city. These conditions may include such considerations as the significantly larger size of the site, frontage or building in comparison to other establishments in the same zoning district.
(c) If applicable, a variance would significantly bring a nonconforming sign closer to conformity with this chapter.
(d) That allowing the variance will result in substantial justice being done, considering the public benefits intended by the regulations, the rights of others whose property would be affected by the allowance of the variance are not impaired, or adversely affect the health, safety and welfare of the public.
(e) The variance will not be contrary to the purpose and intent of the regulation(s) being considered for the variance.
(f) The variance granted will be the minimum necessary to allow the applicant to enjoy the same rights as other establishments in the same zoning district, and ensure a reasonable outlet for free speech where no others may reasonably exist.
(Ord. effective 5-26-2017; Ord. effective 1-1-2022)