(A) Application and fee required. A variance is written approval to depart from the strict application of the provisions of this chapter. Any person, business or other organization desiring to continue to construct, reconstruct, place, install, repair, maintain, relocate, alter or use any sign which does not conform to the provisions of this article may make application to the City Council for a variance to the provisions of this subchapter. The application shall be filed with the City Manager, accompanied by the appropriate fees established by the city, which are set out in the city's fee schedule for each application for variance.
(B) Standards for variances. The City Council may approve a variance only if it makes affirmative findings, reflected in the minutes of the City Council's proceedings, as to all of the followings:
(1) The variance will not authorize a type of sign which is specifically prohibited by this subchapter;
(2) The variance is not contrary to the goals and objectives outlined by the City of Sweeny's comprehensive plan;
(3) The variance is not contrary to the public interest; and
(4) Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship. Ordinarily, hardship that is self-induced or that is common to other similarly classified properties will not satisfy this requirement. Financial or economic hardship alone will not ordinarily satisfy this requirement.
(5) The spirit and purpose of the ordinance will be observed, and substantial justice will be done.
(C) Conditions of variances. The City Council may impose such conditions or requirements in a variance as are necessary in the City Council's judgment to achieve the fundamental purposes of this article. A violation of such conditions or requirements shall constitute a violation of this subchapter. A variance, if granted, shall be for a specific event, use or other application of a business and shall not continue with the property. If a variance is granted and the activity authorized is not substantially underway within six months of the date of approval of the variance, the variance shall lapse and become of no force or effect.
(Ord. 102-16, passed - -16; Am. Ord. 101-21, passed 3-16-21)
Cross-reference:
Fee schedule, see § 38.01