Any person subject to the provisions of this chapter may petition for a variance from the technical restrictions of this chapter regarding sign location, height, dimensions, area and location, and all other technical provision of this chapter pursuant to the following procedure:
(A) Such person shall petition the City Council for a variance specifically setting forth the technical requirements which petitioner seeks to have modified. The petition shall be filed with the Building Inspector in triplicate. No special form shall be required; however, the petition shall set forth the legal description of the location of the sign; the nature and purpose of the sign; the specific sections of this chapter from which relief is requested; the specific reasons for the relief requested; and the claimed hardship resulting from a strict enforcement of this chapter.
(B) A copy of the petition for variance shall be furnished by the petitioner to persons or businesses located on all property within 150 feet of the location or proposed location of the sign(s) which is the subject matter of the petition for variance. Proof of service shall be provided by petitioner to the Building Inspector.
(C) The Building Inspector shall investigate the claim(s) set forth in the petition within 30 days after the petition has been filed. The Building Inspector shall make his or her recommendations, in writing, to the City Planning Commission.
(D) The Planning Commission, at its next regularly scheduled meeting, shall consider the petition for variance and the written report of the Building Inspector regarding his or her investigation. The Planning Commission shall decide promptly with respect to the petition and shall forward its recommendation to the City Council. The Planning Commission may, from time-to-time, continue its decision on the petition in the event that additional information is desired in order to act upon the petition.
(E) The City Council shall consider the petition for variance at the next regularly scheduled meeting following receipt of the recommendation of the Planning Commission by the City Clerk. The City Clerk shall place the petition for variance on the agenda for the City Council. Copies of the petition for variance; the investigation report of the Building Inspector; and the recommendation of the Planning Commission and any other relevant information shall be provided to all members of the City Council prior to its official action on the petition for variance.
(F) A variance shall be allowed from the technical provisions of this chapter only if petitioner can prove a hardship which is hereby defined as an inability by the petitioner to exercise its rights under the First Amendment of the Constitution of the United States of America without unreasonable restrictions unrelated to a legitimate governmental interest; or, in the event that the technical requirements of this chapter is found to create a hardship on the petitioner in the development or use of this property or business; or, the technical requirements of this chapter is found to create such other practical difficulty in the use or promotion of his or her business; and, that a relief from technical restrictions will not impose undue burdens or hardships upon others owning or occupying property within the area of petitioners property or development.
(Ord. 2001-5053, passed 3-6-2001)