Planning and Development Services staff shall have the discretion of granting minor exceptions (up to 10 percent) from size and placement standards outlined in this chapter. Exceptions of greater than ten percent (10%) should be the result of unique physical characteristics of the site in question and must be judged in accordance with the standards set forth in section 15.20.270 of this chapter.
A. A hearing examiner shall hold a hearing twice monthly, except during the months of November and December, when hearings are held only once a month, to review applications. Completed applications shall be submitted at least three (3) weeks before the regularly scheduled hearing. Applications shall include the signatures of both the sign contractor and the property owner, a narrative which describes the request and addresses each of the standards required for a sign exception as set forth in this chapter and the fee established by resolution of the City Council. Notices of the time and place of such hearings and the sign exception request to be considered shall be mailed to owners and occupants of any adjoining property which shares a common boundary line, also referred to as common property line, with the premises on which the sign is to be located.
B. The hearing examiner has the authority to approve signs with or without special conditions concerning sign size, design, illumination, height, width, landscaping, placement on site, or any other condition it deems pertinent for sign enhancement. The hearing examiner shall only approve signs and sign structures that are consistent with the purpose set out in section 15.20.010 of this chapter and with the Comprehensive Plan of the City. The hearing examiner cannot overrule the Historic Preservation Commission.
C. A decision, in the form of written findings and conclusions, shall be issued by the hearing examiner and a copy sent by certified mail to the applicant. Copies to other participants in the hearing may be sent via regular mail. Any aggrieved party may, within ten (10) days of the decision, appeal a decision to the City Council which shall hold a public hearing on the matter. The Council's final decision shall be in the form of written findings and conclusions and shall be issued within twenty one (21) days of its hearing with a copy mailed to the applicant via certified mail and a copy via regular mail sent to other participants in the hearing. An exception shall be denied, or a permit revoked, upon a showing that the applicant or his agent misrepresented the facts or falsified information used in requesting or obtaining the permit, whether in writing or upon the application form, or in oral testimony at any hearing or meeting.
D. If the applicant is seeking a permit for a sign or sign structure within a designated Historic District in the City, the application shall be reviewed by the Historic Preservation Commission.
E. A sign exception permit shall expire if the alterations are not completed within ninety (90) days provided the applicant applies for the extension at least two (2) weeks before the end of the initial ninety (90) days.
F. A sign exception request may not be resubmitted for the same general use at the same location for a period of twelve (12) months.
G. Sign exceptions which have been considered by the hearing examiner are not transferable from one sign contractor to another. If the sign contractor applying for a sign permit does not do the work, then any new contractor shall reapply for the exception. (Ord. 3008, 2018: Ord. 2915, 2012: Ord. 2852 § 1, 2008: Ord. 2846 §§ 4, 6, 2008: Ord. 2702 §§ 4, 5, 2002: Ord. 2399 §§ 1, 2, 3, 1992: Ord. 2349, 1991)