(A) The Planning Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the signing of such site or building.
(B) In all cases, consideration of the minor adjustment must result from a practical difficulty or unnecessary hardship, and findings of said practical difficulty or unnecessary hardship shall accompany any application for minor adjustment, to include justification of the nature of and need for the minor adjustment.
(C) The minor adjustment process may be used where the applicant desires one or more adjustments from the requirements of this chapter provided the total amount of adjustments is limited to 25 percent of the allowed sign area. The Planning Director may allow adjustments within the limits listed in this section. Appropriate findings consistent with the purpose and intent this chapter shall be made a part of the motion to grant an adjustment.
(E) The minor adjustment process may be used for:
(1) Additional area to:
(a) Overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;
(b) Achieve an effect which is essentially architectural, sculptural, or graphic art and which, in the opinion of the Planning Director, enhances the sign and site’s development;
(c) Permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result;
(d) Allow a sign compatible with other conforming signs in the vicinity; and
(e) Establish the allowable amount and location of signing when no street frontage exists or when, because of an unusual lot shape (for example, a panhandle lot), the street frontage is excessively narrow in proportion to the average width of the lot.
(2) Alternative locations.
(a) On site. To transfer from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
(b) Lots not fronting on any street. Sign review by the Planning Director shall be required for all such signs. Under sign review, approval may be given for the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street; and
(c) Other. Additionally, alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure.
(3) Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.
(F) The procedure for a minor adjustment to this chapter is as follows. All minor adjustments for signage shall be referred to the Planning Department for review by the Planning Director, to include:
(1) A completed application;
(2) Statement of justification and findings;
(3) A fee set by the City Council; and
(4) Three sets of scaled drawings to include:
(a) Scaled plot plan of the subject property, identifying the location of all proposed signs;
(b) Scaled drawings of all proposed signage with sign size(s) calculated;
(c) Scaled drawings of all building elevations to include all existing and proposed signs; and
(d) All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, and other information which may be needed to determine that the provisions of this chapter have been satisfied.
(G) Upon approval of a minor adjustment by the Planning Director, property owners and business operators existing at such time, located adjacent to the affected property or within 300 feet from the location of the sign, shall be notified of the decision, explaining the adjustment and noting the appeal process. The decision shall not take effect until the appeal period ends.
(H) Appeals for adjustments shall be processed the same as those listed for sign review permits in § 10-6.18.
(Ord. 864 C.S., passed 11-4-09)