The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purpose of this chapter.
(A) Granting of variances. No variance shall be granted unless it can be shown that all of the following conditions exist:
(1) Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size, shape, topography or other circumstances over which the applicant has no control.
(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity.
(3) The authorization of the variance shall not be materially detrimental to the purposes of this chapter, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any development pattern or policy.
(4) The variance requested is the minimum variance from the provisions and standards of this chapter which will alleviate the hardship.
(B) Application for a variance. A property owner or his authorized agent may initiate a request for a variance or the modification of an existing variance by filing an application with the city using forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed sign(s). The Planning Commission may require other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties. The applicant shall pay a fee as established at the time the application is filed.
(C) Public hearing on variance. Before the Planning Commission may act on a request for a variance, it shall hold a public hearing. The hearing shall be held within 40 days after the application is filed. The City Planner shall give notice of the hearing in the following manner:
(1) Notice of the hearing shall be published in a newspaper of general circulation in the city not less than five days nor more than 20 days prior to the date of the hearing.
(2) Not less than ten days prior to the date of the hearing, notices shall be mailed to all property owners within the area enclosed by lines parallel to an 300 feet from the exterior boundaries of the property involved. The names and addresses of property owners shall be those shown in the records of the County Assessor. Failure to send notice to a person specified in this section or failure of a person to receive the notice shall not invalidate the proceedings in connection with the application for a variance.
(D) Notification of action. Within five days after a decision has been rendered, the City Planner shall provide the applicant with written notice of the city's action on the request for a variance.
(Ord. 1689, passed 1-8-90)
(A) Any sign which is not in compliance with all the provisions of this chapter is an unlawful sign and declared to be a public nuisance.
(B) The city may order the removal of any sign erected or maintained in violation of this chapter. It shall give 24 hours notice in writing to the owner of the sign, or of the building structure, or premises on which the sign is located, to remove the sign or bring it into compliance.
(C) The city may remove a sign immediately and without notice if, in its opinion, the condition of the sign is such as to present an immediate threat to the safety of the public, and is hereby authorized to take such steps as may be necessary to remove the sign. Neither the city nor any of its agents shall be liable for any damage to the sign.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
(A) The violation of or failure to comply with any of the provisions of this chapter or the erection, use or display or the allowing of, the permitting of, or the suffering of the erection, use or display of any sign not in compliance with all the provisions of this chapter is unlawful and is a Class A violation. The violator shall be required to remove the sign or to take other action as shall be determined by the court to be necessary to bring the sign into compliance with the provisions of this chapter.
(B) The remedies provided in this section for violations of or failure to comply with provisions of this chapter shall be cumulative and shall be in addition to any other remedy provided by law.
(Ord. 1689, passed 1-8-90)