A. Applicability. The owner of property seeking to erect, move, add to, or alter a sign within the city limits or the Extraterritorial Jurisdiction (ETJ) may seek relief from the regulations found in
Subsection 4.02: Sign Regulations of this Code by requesting a Sign Variance from the Planning and Zoning Commission.
B. Review Process and Application.
Sign Variance: The owner of the affected property or authorized agent may seek a Sign Variance by applying to the City Manager on such forms and with such supporting documents as may be required by the City.
Sign Regulation Administrative Appeal: An applicant for relief may appeal the decision of the City Manager or city staff to the Planning and Zoning Commission within ten (10) days of the written decision of the City Manager or city staff on such forms and with such supporting documents as may be required by the City.
The Planning and Zoning Commission shall set a hearing on the appeal of the staff decision, give public notice thereof, as well as written notice to the parties of interest, and decide the same within thirty (30) days of the making of the appeal. Any party may appear at the hearing in person or by agent. The Applicant bears the burden of proof in establishing that relief is justified. The ruling of the Planning and Zoning Commission is final, unless the applicant timely appeals the ruling to the City Council for review and final action.
C. Sign Regulation Variance. The Planning and Zoning Commission is authorized in specific cases to grant a Sign Variance from the Sign Regulation terms, standards, and criteria when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the Sign Ordinance will result in an undue hardship and so that the spirit of the ordinance shall be observed and substantial justice done.
D. Sign Variance Criteria. No Sign Variance shall be granted without first having given public notice and having held a public hearing on the Sign Variance request in accordance with
2.10.04: Public Hearings and Notification Requirements. In considering whether to grant relief from the sign regulations in
Subsection 4.02: Sign Regulations of this Code, the Planning and Zoning Commission may consider whether:
1. There are special or unique circumstances or conditions arising from the physical surroundings, shape, topography, or other feature affecting the property on which the sign is to be located;
2. The circumstances causing the hardship similarly affect all or most properties in the vicinity of or similarly classified as the applicant's property;
3. The proposed sign location, configuration, design, materials, colors, and supporting structure are harmonious with the surrounding structures;
4. The variance request includes mitigation measures related to the sign in question or other signs on the same premises;
5. The request is the minimum amount necessary to meet the needs of the applicant and satisfy the standards of the sign regulations;
6. The relief sought alters the character of, or impairs the use of, adjacent properties;
7. The hardship suffered by the applicant is caused wholly or in substantial part by the applicant;
8. The relief is sought is not primarily for financial reasons; and
9. Granting of the Sign Variance will be in harmony with the spirit and purpose of the sign regulations.
E. Variance Conditions. The Planning and Zoning Commission may impose conditions upon the granting of a variance under this section. Such conditions must be related to the variance sought and be generally intended to mitigate the adverse effects of the sign on neighboring tracts and the general aesthetic ambiance of the community. A non-exhaustive list of examples of conditions include increased setbacks, added vegetation, muted colors, and decreased lighting. The Planning and Zoning Commission may condition sign variances on the responsible party bringing other existing, nonconforming signs into compliance with current regulations. A responsible party's failure to comply with conditions placed on a variance may result in the Planning and Zoning Commission voiding the variance and authorizing all available code enforcement actions and other remedies available in equity or at law.
F. Appeal of a City Administrative or Interpretative Decision related to Sign Regulations.
1. Any person, department, board, or bureau of the City affected by any administrative officer acting pursuant to the UDC's Sign Regulations shall appeal to the Planning and Zoning Commission.
2. In exercising the Planning and Zoning Commissions' authority herein, the Planning and Zoning may reverse or affirm, in whole or in part, or modify the City administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Planning and Zoning Commission has the same authority as the City's administrative official.
3. Public hearings shall be held in accordance with
2.10.04: Public Hearings and Notification Requirements.
