(A) Variance situations. Application for a variance from sign standards may be made for the following circumstances:
(1) To permit any yard or setback less than a yard or setback required by the application regulations;
(2) To permit a sign larger than the sign requirements for the applicable location;
(3) To permit a sign at a height greater than the maximum allowable height;
(4) To permit a sign extension from a building greater than the maximum allowable distance as provided herein;
(5) To permit a type of sign not listed within the district (but only if it is not specifically listed as prohibited in the district or in § 153.21 of this chapter); and
(6) To permit a greater quantity (number of individual signs) than the maximum number allowed.
(B) Variance criteria. Requests for variances will be considered in the following instances. Before a variance is granted, the Planning Commission shall make findings as to how the situation meets the following criteria and it is the responsibility of the applicant to prove these conditions exist:
(1) The sign variance request is due to unusual conditions pertaining to signage needs for a specific building or lot that do not apply generally to other properly in the same vicinity and zoning district;
(2) The sign would not create a hazard (including, but not limited to, obstruction of site lines);
(3) The sign would not violate state statutes or rules and regulations developed pursuant hereto;
(4) The sign would not adversely affect residential property through excessive glare and lighting; and/or
(5) The sign would be in keeping with the general character of the surrounding area.
(C) Variance process.
(1) An application for a variance shall be filed in writing with the Planning Department on forms provided and shall contain such information as the Planning Commission may by rule require.
(2) Notice of the time and place of such public hearing shall be given by mailing notice thereof to all persons owning property within 100 feet of the proposed sign location property at least five days prior to the hearing.
(3) The Planning Commission shall have the authority and power to hear and grant variances from the literal provisions of this section for the erection of a new sign in instances where strict enforcement of this section would cause practical difficulties due to circumstances unique to the individual sign under consideration and grant the variance only when it is demonstrated that such action will be in keeping with the spirit and intent of this section.
(4) The Planning Commission shall not issue an approval for a variance within any established Historic District without the city’s Heritage Preservation Commission having the opportunity to review and provide comment on the application, unless 60 days from the date of the application for the variance has been received has elapsed.
(5) Fee for a variance is as established in § 32.49 of this code of ordinances.
(Prior Code, § 310.03)