(A) Any party who has been refused a sign permit by the Building Department for a proposed sign installation may file a claim of appeal to the Zoning Board of Appeals. Upon receipt of the appeal and payment of an appeal fee as established by City Council, the Board shall schedule a date for an appeal hearing. At such hearing, the Board may grant such appeal and allow a variance to the provisions of this chapter as to non-temporary sign(s) upon a finding that:
(1) Because of the particular physical surroundings, shape, or topographical conditions of the property, compliance with the provisions of this chapter would result in a particular hardship on the owner, as distinguished from inconvenience or a desire to make more money;
(2) Strict enforcement of the provisions of this chapter would serve no useful purpose, and
(3) A variance would be in the best interest of the city and not against the spirit and intent of this chapter.
(B) In considering a request for erection of a temporary sign, the Board may consider, in addition to the factors above, their criteria enumerated below and may establish the appropriate setback of the sign, its size and location and may, by majority vote, reverse, modify or amend any order denying a temporary sign permit or may place reasonable conditions upon the issuance of such a permit. The criteria, along with any other factors found by the Board to be relevant to the request, shall include:
(1) Whether hardship or practical difficulty is the motivation of the request, i.e. an existing or otherwise permanent sign is out of commission or not yet erected;
(2) Whether the person or business presently and actually is going-in or going-out of business;
(3) Whether the type of sign structure would pose a significant risk to public health or safety on the premises or on adjacent public property, and
(4) Whether the benefit of the temporary sign to the general public and/or applicant under the circumstances outweighs any risk to traffic safety and the city’s desire to eliminate the accumulation of visual clutter in accordance with this chapter’s stated purpose.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)