§ 41-16. Variations.

Variations from the provisions of this chapter may be granted only in conformance with this section. The building official shall be responsible for administering this section.

(1)

Not variable. Provisions of this chapter which are not variable are sections 41-10(b)(7) and 41-11.

(2)

Standards. Variations may be granted only if, based upon the evidence presented in each specific case by the petitioner, all findings below shall be established. Conditions and restrictions upon the property benefited by the variation may be specified as may be necessary to comply with the standards below.

a.

Granting of the variation will not be detrimental to the public health, safety or general welfare, and will not be injurious to other property or improvements in the general area in which the property is located;

b.

Granting of the variation will not be inconsistent with the intent, purpose and objectives of this chapter;

c.

Proposed signage is consistent with and appropriate to the character of the area in which it is located, the building in which the use is located, the use or business itself, and the volume, speed and function of traffic flowing past the sign;

d.

Proposed signage is compatible to surrounding land uses, and does not prevent adjacent establishments from identifying themselves;

e.

Proposed signage is consistent with the preservation of property values, the stabilization of neighborhoods and the promotion of commerce;

f.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

g.

The conditions upon which the petition for a variation is based are unique to the sign for which the variance is sought and are not applicable, generally, to other signs of the same type; and

h.

The alleged difficulty or hardship is caused by the ordinance and has not been created by any person presently having an interest in the sign.

(3)

Data requirements. All requests for variations shall be filed with the building official. The petition shall include a description of the proposed variation, justification for the variation, and any information required for a sign permit that the building official shall deem relevant.

(4)

Fees. All variation requests shall be accompanied by a nonrefundable fee to be paid at the time of filing such request. Such fee shall be established by city ordinance.

(5)

Minor variation procedure. Petitions to vary the area, setback, or heights provisions of this chapter by up to ten (10) percent thereof, shall be filed with the building official. Within ten (10) working days of such filing, the building official and planning director shall make written findings of fact, in conformance with subsection 2 hereof, and shall state their approval or disapproval. If such decision is not appealed within three (3) business days, it shall be final. An appeal of such decision may be filed with the director of planning, who shall place it on the agenda of the planning commission for consideration. The planning commission shall render the final decision thereon.

(6)

Major variation procedure.

a.

Applicability. Petitions to vary the area, setback or height provisions of this ordinance by more than ten (10) percent, or to vary the placement, location, lighting, movement, flashing, type, content and construction materials provisions of this chapter, and the permit duration of large temporary real estate and construction signs, shall be considered major variation petitions.

b.

Filing of petitions. Such petitions shall be filed with the building official. The building official and planning director shall, within ten (10) days of the filing of such petition, make written findings of fact, in conformance with subsection 2 hereof, and shall make their recommendation to the planning commission.

c.

Public hearing. The planning commission shall hold a public hearing to consider each major variation request. Such public hearing shall be held no sooner than fifteen (15) days and no longer than thirty (30) days following public notice thereof, published in a newspaper of general circulation in the city and posted on the proposed sign site.

d.

Final decision. The planning commission shall review the recommendation and findings of the building official and planning director, and the comments of the public, and shall make the final decision.

(Ord. No. O03-159, § 1, 12-9-03)