Chino Municipal Code Ch. 16.03 Administration

Table 16.03.1 (Threshold of Review) establishes the final reviewing authority for all land use and development entitlements in the City of Chino. The symbols contained within the table have the following meanings:

X = Approving Authority

A = Appeal Authority

R = Recommending (Advisory) Authority

Table 16.03.1 Threshold of Review

Notes:

1 ;enThe approving authority shall be the same as the development project for which the sign program has been submitted. Sign programs for new development projects requiring administrative approval shall be subject to review and approval by the director of community development. Sign programs for new development projects requiring a site approval shall be subject to review and approval by the planning commission.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, § 4, 2011.)

A. Purpose and intent. These provisions prescribe the procedures and requirements for the filing of applications for permits, amendments and approvals prescribed by this title.

B. Application filing. An application for a sign plan, sign program, sign variance, or sign ordinance amendment, or any other matters pertaining to this Code, shall be filed with the department of community development on a city application form, together with all required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the department to process the application. The application shall be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Code, or their agent(s).

C. Fees. The city council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this title. The schedule of fees may be changed or modified only by resolution of the city council. Failure to pay all applicable fees is grounds for denial of an application.

D. Each person or entity seeking a sign permit shall deposit security in the amount and form determined by the building official to ensure compliance with the city's building ordinances. The security may be in the form of cash, bonds, letters of credit or any combination thereof. The security deposit shall be retained up to one hundred eighty days after permit issuance and forfeiture of deposit shall occur if sign installation and permit final is not completed within that time. However, upon final inspection and approval of the sign installation from all applicable city departments, such person or entity shall be refunded the deposit in its entirety.

(Ord. 2002-14 § 8 (part), 2002; Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, § 5, 2011.)

A. Purpose and intent. The purpose of these provisions is to prescribe procedures for amending, supplementing or changing this title whenever the public necessity, convenience, general welfare or good signing practice so requires.

B. Applicability. Pursuant to the provisions of the California Government Code, the city council may by ordinance, upon written recommendation of the planning commission amend, supplement or change the sign code codified in this title.

C. Application and filing. An amendment to the sign code may be initiated by the city or an interested party in accordance with the provisions of Section 16.03.020, Applications and fees, of this chapter.

D. Hearing and notice. All applications for a sign code amendment, and all actions to amend or terminate such, shall be heard at a public hearing, scheduled and noticed in accordance with the provisions of Section 16.03.080, Procedures, of this chapter.

E. Investigation. The director of community development shall investigate the facts bearing on the application and provide the information necessary for action on the application, reporting all findings to the planning commission.

F. Planning commission recommendation. If, from the facts presented at a public hearing, the planning commission finds that the proposed amendment is in the interest of public necessity, convenience, general welfare or good signing practice, the planning commission shall render its decision in the form of a written recommendation which shall be transmitted to the city council, in such manner and form as may be specified by the city council. The planning commission shall make its findings and recommendations to the city council, in writing, within forty-five days after the date its decision was rendered.

G. City council consideration.

1. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing, scheduled and noticed in accordance with the provisions of Section 16.03.080, Procedures, of this chapter.

2. City council consideration.

a. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing, scheduled and noticed in accordance with the provisions of Section 16.03.070 (Procedures) of this chapter.

b. The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed ordinance or amendment by the city council not previously considered by the planning commission during its hearing(s) may, at the discretion of the city council, be referred to the planning commission for report and recommendation; however, the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty-five days after the reference shall be deemed to be approval of the proposed modification.

3. The director of community development shall be able to make minor changes to Title 16 of the Chino Municipal Code for the purpose of correcting typographical errors, including syntax, punctuation, spelling, and grammar.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, §§ 7, 8, 2011)

A. Purpose and intent. The purpose of a sign program is to provide coordinated signing within development projects, utilizing common design elements and integrating the design of signs with the building and landscape design to form a unified architectural statement.

1. Sign programs for commercial and industrial developments shall follow these guidelines:

a. Limit the use of background colors to a single color throughout the development;

b. Generally, no more than three different letter colors may be used on developments smaller than three acres in size and no more than five different letter colors may be used on developments of three or more acres in size, except that corporate logos and registered trademarks are not subject to color restrictions; however, the director of community development may approve the use of a greater number of letter colors, taking into account the size and architectural theme of a development and the diversity of uses within a development;

c. Specify uniform sign placement, letter and logo height, sign font and specify a uniform type and intensity (brightness) of sign illumination;

d. Specify a uniform construction material for sign components (i.e., sign copy, returns, etc.) and method of mounting.

2. Sign programs for residential specific plans or master development plans larger than two hundred acres shall follow these guidelines:

a. The director of community development shall determine that the signs will not have adverse impacts of the public health, safety and welfare; the signs provide reasonable guidance to prospective home buyers; and that the number, size and design of the signs are consistent;

b. The location of all off-site directional signs for the master developer. A maximum of four signs may be permitted outside of the specific plan area; and

c. The location of all off-site directional ladder signs for individual homebuilders located within the specific plan area. A uniform sign design shall be provided and include the font style, letter height and color and may contain a maximum of two lines.

B. Applicability. A sign program shall be required for all new commercial centers, industrial parks and complexes, multi-tenant commercial and industrial buildings, and residential subdivisions larger than three hundred acres.

C. Application and filing. An application for sign program approval shall be prepared and filed with the director of community development in accordance with the provisions of Section 16.03.020 (Applications and fees) of this chapter.

D. Review and action. Every application for sign program approval shall be approved prior to the issuance of the first certificate of occupancy for the project application of which it is a part.

E. Findings. In reviewing a sign program, the approving authority shall consider and clearly establish the following findings of fact:

1. The sign program is consistent with the sign regulations of the zoning district or land use designation in which it is proposed;

2. The sign program is consistent with the purpose and intent of sign programs, as specified in Subsection A (Purpose and intent) of this section.

F. Modification. An application for a modification to a previously approved sign program shall be reviewed and approved by the director of community development. In reviewing and approving a sign program modification, the Director shall consider and clearly establish the findings enumerated in Subsection E (Findings) of this section.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, § 9, 2011.)

A. Purpose and intent. The purpose of the sign plan review procedure is to provide a process whereby permits for the placement, installation, construction or alteration of signs may be reviewed and acted upon by the director of community development, based upon and subject to specific criteria, standards and conditions set forth by this sign code.

B. Applicability. No sign, including copy change or a temporary sign, shall be placed, installed, constructed, displayed or altered without a sign plan approved by the city, excepting:

1. Name plates (which identify an occupant's name, address and phone number) not exceeding one SF in area.

2. Public convenience signs (including signs identifying restrooms, public telephones, entrances, exits, etc.) not exceeding one SF in area.

3. Customer convenience signs (including signs identifying hours of operation, emergency information and acceptable methods of payment) not exceeding one SF in area.

4. Memorial signs and plaques installed by local civic and community service organizations recognized by the city council.

5. Traffic or other municipal public safety, convenience and directional signs.

6. Signs of public utility companies that serve to aid public safety (e.g., "danger" signs, signs showing the location of underground utilities, etc.).

7. Property address signs.

8. Signs located on the interior of any building that are not visible from the outside.

9. Official and legal notices issued by a court or governmental agency.

10. Official flags of the United States of America, the State of California, the County of San Bernardino, and the City of Chino.

11. Political signs in compliance with Table 16.05.1 (Sign Regulation Matrix) of this sign code.

12. Signs applied to fuel pumps or dispensers, such as fuel identification, station logo and other signs required by law.

13. Construction site identification signs in compliance with Table 16.05.1 (Sign Regulation Matrix) of this sign code.

14. Real estate signs in compliance with Table 16.05.1 (Sign Regulation Matrix) of this sign code.

15. Directional signs for churches in compliance with Table 16.05.1 (Sign Regulation Matrix) of this sign code.

16. Future tenant identification signs in compliance with Table 16.05.1 (Sign Regulation Matrix) of this sign code.

17. Incidental signs for automobile repair shops, gasoline service stations and automobile dealers with service facilities in compliance with Table 16.05.1 (Sign Regulation Matrix) of this sign code.

18. Bus bench signs, provided such signs only contain the name and/or insignia of local community service organizations recognized by the city council.

19. Window signs in compliance with Table 16.05.1 (Sign Regulation Matrix), provided such signs are placed on the interior side of the window, except for holiday displays, which may be placed on the exterior side of the window.

20. Help wanted and employment available/opportunity signs in compliance with Table 16.05.1 (Sign Regulation Matrix), provided such signs are placed only during the time an employment opportunity exists.

21. Banners placed on the fence of the Chino Junior Fairgrounds limited to one banner per street frontage. The banner shall not exceed fifty square feet and may be placed on the fence up to ten days prior to the event and shall be removed by eight a.m. the day following the event.

22. Yard sale signs, provided that a maximum of three signs (one on-site and two off-site directional signs) are permitted. Directional signs may only be placed on private property and shall not be permitted within any street right-of-way or on any public property.

23. Signs for public schools.

24. A-Frame (sandwich board) signs in compliance with Table 16.05.1 (Sign Regulation Matrix), provided such signs do not exceed forty-two inches in height and twenty-four inches in width and are not placed in the public right-of-way or within any required landscaped area.

25. Balloons at private residences for a private party or event.

C. Application and filing. An application for sign plan approval shall be prepared and filed in accordance with the provisions of Section 16.03.020 (Applications and fees) of this chapter.

D. Review and action. A sign plan application shall be reviewed by the director of community development. The application shall be acted upon within thirty days following the determination that such application is complete. The decision of the director of community development shall be final and conclusive in the absence of a timely filed appeal to the planning commission. Appeals shall be filed and processed in accordance with the provisions of Subsection 16.03.070.B (Appeals) of this chapter.

E. Revocation. Any action of the director of community development to revoke an approved sign plan shall be carried out pursuant to the provisions of Subsection 16.03.070.C (Revocation procedure) of this chapter.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, § 10, 2011; Ord. No. 2011-14, § 1, 11-15-2011)

A. Minor sign code variance (MSOV).

1. Purpose and intent. The purpose of the minor sign code variance procedure is to recognize unique situations of an individual business, which may arise, that limit the view of a permitted sign and provide a reasonable alternative to the sign placement or location.

2. Applicability. When the strict and literal interpretation, and enforcement of this sign code would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this sign code, the director of community development shall have the authority to grant a variance from the following provisions of this sign code:

a. Sign height, provided that the sign may not be raised more than twenty-five percent above that which would otherwise be permitted; and

b. Sign area, provided that the sign may not be increased in area more than twenty-five percent above that which would otherwise be permitted; and

c. Sign location, provided that no more than two legally permitted signs are located along any one building frontage.

3. Application and filing. An application for minor sign code variance approval may be initiated by the city or an interested party in accordance with the provisions of Section 16.03.020 (Applications and fees) of this chapter.

4. Review and action.

a. A minor sign code variance application shall be reviewed by the director of community development. The application shall be acted upon within thirty days following the determination that such application is complete. The decision of the director of community development shall be final and conclusive in the absence of a timely filed appeal to the planning commission. Appeals shall be filed and processed in accordance with the provisions of Subsection 16.03.070.B (Appeals) of this chapter.

b. In granting a minor sign code variance, the director of community development may attach reasonable requirements, in addition to those required by this sign code, as will ensure that the sign, in its proposed location: (a) will not endanger the public health, safety or general welfare; (b) will not injure the value of adjoining or abutting property; (c) will not result in any significant environmental impacts; (d) will be in harmony with the area in which it is located; and (e) will be in conformity with the zoning ordinance (Title 20, CMC), general plan and/or specific plan.

5. Findings. In reviewing a minor sign code variance request, the approving authority shall consider and clearly establish the following findings of fact:

a. There are specific circumstances applicable to the property, building, adjacent property or buildings, or topography that substantially affect the visibility of the sign that requires relief from the strict interpretation of the sign code;

b. The granting of the minor sign code variance will not constitute a granting of a special privilege inconsistent with the limitations upon other businesses in the vicinity and similar zone;

c. The strict interpretation of the sign code would place the business at a disadvantage with other businesses in the same zone and vicinity; and

d. The granting of the minor sign code variance provides the minimal relief necessary to achieve the desired reasonable degree of visibility for the affected sign.

6. Revocation. Any action of the director of community development to revoke an approved minor sign code variance shall be carried out pursuant to the provisions of Subsection 16.03.080.C (Revocation procedure) of this chapter.

7. Expiration.

a. A minor sign code variance request shall expire one year from the date of the application approval, unless building permits are issued.

b. The expiration date of any minor sign code variance may be extended by the director of community development upon written request by the applicant prior to the expiration date.

B. Major sign code variance.

1. Purpose and intent. The purpose of the major sign code variance procedure is to provide a method whereby departures from the strict application of the standards contained in this sign code would provide a property a signing right possessed by other property in the same zone and vicinity.

2. Applicability.

a. When the strict and literal interpretation and enforcement of this sign code would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this sign code, the planning commission shall have the authority to grant a variance from the provisions of this sign code. In no case, however, shall a variance be granted which authorizes a sign that is not expressly permitted by this title.

b. In no case shall a major sign code variance be granted which authorizes a property right that is not expressly permitted by this sign code.

3. Application and filing.

a. An application for a major sign code variance may be initiated by the city or by an interested party in accordance with the provisions of Section 16.03.020 (Applications and fees) of this chapter.

b. Not later than thirty days after receiving an application for a major sign code variance, the director of community development shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day time period shall begin.

4. Hearing and notice. All applications for a major sign code variance and all actions to amend or terminate such, shall be heard at a public hearing, scheduled and noticed in accordance with the provisions of Section 16.03.070 (Procedures) of this chapter.

5. Investigation. The director of community development shall investigate the facts bearing on the application, and provide the information necessary for action on the application, consistent with this sign code, and shall report all findings to the planning commission.

6. Review and action.

a. A major sign code variance application shall be reviewed by the planning commission. The application shall be acted upon within thirty days following the determination that such application is complete. The decision of the planning commission shall be final and conclusive in the absence of a timely filed appeal to the city council. Appeals shall be filed and processed in accordance with the provisions of Subsection 16.03.070.B (Appeals) of this chapter.

b. In granting an application for a major sign code variance, the planning commission may attach reasonable requirements, in addition to those required by this sign code, as will ensure that the sign, in its proposed location: (a) will not endanger the public health, safety or general welfare; (b) will not injure the value of adjoining or abutting property; (c) will not result in any significant environmental impacts; (d) will be in harmony with the area in which it is located; and (e) will be in conformity with the zoning ordinance (Title 20, CMC), general plan and/or specific plan.

c. A major sign code variance application shall be acted upon within six months following the date the application was accepted as complete pursuant to the provisions of Subsection B.3 (Application and filing) of this section.

7. Findings. In reviewing a major sign code variance request, the approving authority shall consider and clearly establish the following findings of fact:

a. There are specific circumstances applicable to the property, including size, shape topography, location or surroundings, when the strict application of this title would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

b. The granting of such sign variance will not constitute a granting of a special privilege inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated;

c. The major sign code variance is necessary for the preservation and enjoyment of a substantial property right of the property owner, possessed by other property in the same zone and vicinity;

d. The granting of a major sign code variance will not be materially detrimental to the public health, safety and general welfare; or injurious to property or improvements in the zone or district in which the property is located; and

e. The granting of a major sign code variance will not conflict with the general plan and/or any applicable specific plan.

8. Expiration.

a. Planning commission approval of any major sign code variance request shall expire one year from the date of planning commission action, unless building permits are issued.

b. The expiration date of any major sign code variance may be extended upon written request by the applicant prior to the expiration date. Upon receipt of a time extension request, the director of community development shall review the major sign code variance and determine whether new or revised conditions of approval should be imposed. If new or revised conditions are warranted, the director of community development shall forward the time extension request to the planning commission, whom shall then approve, approve with amended conditions, or deny the time extension request. If no new or revised conditions are necessary, the director of community development may extend the expiration date for a one year period, a maximum of three times. The planning commission shall review a time extension on a variance exceeding the three-year, one-year time periods.

9. Performance guarantee. The planning commission may require a project proponent provide a performance security to ensure the faithful performance of any or all conditions of approval.

10. Revocation. Any action of the planning commission or city council to revoke a sign variance shall be carried out pursuant to the provisions of Subsection 16.03.080.C (Revocation procedure) of this chapter.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, § 11, 2011.)

A. Public hearings.

1. When required.

a. A public hearing, noticed pursuant to the provisions of Subsection A.2.a. (Noticing procedures) of this section, shall be held on any of the following matters:

(i) The adoption of, or amendment to the sign code;

(ii) The establishment or change of sign entitlement processing fees; and

(iii) An appeal to the city council of an action taken by the planning commission, except where such action would affect a specific real property or properties.

b. A public hearing, noticed pursuant to the provisions of Subsection 2.b. of this section, shall be held on any of the following matters:

i. Consideration to approve, deny or revoke a sign variance;

ii. An appeal to the planning commission of an administrative decision made pursuant to the provisions Subsection B.1. of this section;

iii. An appeal to the city council of an action taken by the planning commission where such action would affect a specific real property or properties.

2. Noticing procedures.

a. When a provision of this title requires a public hearing pursuant to the provisions of this paragraph, a notice of public hearing shall be published one time in a newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the city. For the purposes of this section, "notice of public hearing" shall mean a notice that includes the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing, and the following concluding statement:

If you challenge the (nature of the action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City prior to the public hearing.

b. When a provision of this title requires a public hearing pursuant to the provisions of this paragraph, notice shall be given in all of the following ways:

i. Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to the owner of the subject property, or the owner's duly authorized agent, and to the project applicant.

ii. Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be affected.

iii. Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to all owners of real property shown on the latest equalized assessment roll, within three hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the city may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom the notice would be mailed or delivered pursuant to this paragraph is greater than one thousand, in lieu of a mailed or delivered notice, the city may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city, at least ten days prior to the hearing.

iv. If the notice is mailed or delivered pursuant to the provisions of Subsection 2.c. of this section, the notice shall also either be:

(A) Published one time in at least one newspaper of general circulation within the city, at least ten days prior to the hearing; or

(B) Posted at the project site and at two public places within the city, at least ten days prior to the hearing.

c. A notice shall be mailed or delivered, at least ten days prior to the hearing, to all persons who have filed a written request for notice with the city clerk. At the time of such request, the person shall deposit such sum requested by the city clerk to cover the city's actual cost thereof as determined by the city clerk.

3. Hearing procedures.

a. At any public hearing held pursuant to the provisions of this title, the planning commission or city council shall hear the applicant, appellant, any interested persons, and any staff member. The planning commission or city council may preclude the introduction of any irrelevant evidence and may restrict any person's oral presentation to ten minutes. However, the planning commission or city council shall receive any person's written statement.

b. In the event that any member of the planning commission or city council has obtained evidence outside of the hearing, such information shall be placed into the record. Thereafter, the applicant, appellant, or any interested person may rebut such information and shall be entitled to a continuance for that purpose. However, no person may interrogate a member of the planning commission or city council.

c. Any action or decision of the planning commission or city council shall require a majority vote of its members. An abstention by any member who is present at the hearing and has heard all presented evidence shall constitute an affirmative vote on any motion regarding the application or appeal.

d. When a matter pertaining to a sign variance is contested, and a request is made in writing prior to the date of the hearing, the director of community development shall insure that a record of any such hearing shall be made and duly preserved provided that a deposit is made prior to the hearing, and that the total cost thereof is made before such record is made available.

e. Any public hearing conducted pursuant to this section may be continued from time to time. If such hearing is continued at the request of an applicant or appellant, such a continuance shall constitute a waiver of any applicable time period in which to take action or render a decision.

f. Any action or decision of the planning commission shall be final and conclusive, unless appealed to the city council pursuant to the provisions of Subsection B.2. of this section. Any action or decision of the city council shall be final and conclusive.

B. Appeals.

1. Administrative decisions.

a. Any applicant or any interested person may appeal to the planning commission, any action or decision of the director of community development. An appeal shall be filed in writing with the department of community development, along with the appropriate fee as determined by resolution of the city council, within ten days following the action or decision. Such appeal shall include a statement identifying the specific action or decision which is being appealed, the specific grounds for the appeal, and the relief requested from the planning commission.

b. Upon receipt of an appeal, the director of community development shall prepare the record before the planning commission on the subject matter of the appeal, including reports, memos and meeting notes, and transmit same to the planning commission. The director of community development shall also prepare a written response to the appeal statement, containing a recommendation on the appeal, proposed findings to deny the appeal, or proposed findings to support the appeal along with any appropriate conditions. The response shall be made available to the appellant at least seventy-two hours prior to the appeal hearing before the planning commission.

c. Upon receipt of an appeal, the planning commission shall set the matter for hearing. The hearing shall be held within forty-five days following the filing of the appeal request.

d. Within thirty days following the conclusion of the hearing, the planning commission shall render its decision on the appeal. The planning commission may deny the appeal, or may grant the appeal in whole or in part. The decision shall include all required findings of fact.

e. Regardless of the appellant, the burden of demonstrating that a project satisfies all applicable standards and criteria as required by this title shall lie with the project applicant.

2. Planning commission decisions.

a. Any applicant or any interested person may appeal to the city council, any action or decision of the planning commission. An appeal shall be filed in writing with the department of community development, along with the appropriate fee as determined by resolution of the city council, within ten days following the planning commission action or decision. Such appeal shall include a statement identifying the specific action or decision of the planning commission that is being appealed, the specific grounds for the appeal, and the relief requested from the city council. The appeal statement shall be limited to those matters raised during the public hearing before the planning commission. The city council may not consider any matter not raised during the public hearing before the planning commission and contained in the appeal statement.

b. Upon receipt of an appeal, the director of community development shall prepare the record before the planning commission on the subject matter of the appeal, including staff reports and planning commission meeting minutes, and transmit same to the city council. The director of community development shall also prepare a written response to the appeal statement, containing a recommendation on the appeal, proposed findings to deny the appeal, or proposed findings to support the appeal along with any appropriate conditions. The response shall be made available to the appellant at least seventy-two hours prior to the appeal hearing before the city council.

c. A verbatim transcript of the public hearing before the planning commission on the subject matter of the appeal shall be provided if the appellant so requests. The cost of its preparation shall be deposited with the city within five days following the receipt of the appeal request.

d. Upon receipt of an appeal, the city council shall set the matter for hearing. The hearing shall be held within forty-five days following the filing of the appeal.

e. Within thirty days following the conclusion of the hearing, the city council shall render its decision on the appeal. The city council may deny the appeal, or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings of fact.

f. Regardless of the appellant, the burden of demonstrating that a project satisfies all applicable standards and criteria as required by this title shall lie with the project applicant.

C. Revocation procedure.

1. The planning commission shall have jurisdiction to revoke any new or existing sign variance or sign program, or any modification thereto, granted in accordance with the provisions of this title, in the following manner:

a. Upon recommendation of the director of community development, the planning commission shall conduct a noticed public hearing, pursuant to the provisions of subsection A of this section, to determine whether the subject permit should be revoked. The director of community development shall prepare and deliver to the permittee, a written statement setting forth the factual basis for the proposed revocation, at least ten days prior to the hearing.

b. A permit may be revoked by the planning commission or city council based upon any one or more of the following grounds:

i. The approval was obtained by fraud;

ii. The permit granted is not being exercised;

iii. The permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or

iv. The permit for which the approval was granted was so exercised as to be detrimental to the public peace, health, safety, welfare, or so as to constitute a nuisance.

c. The decision of the planning commission to revoke a permit shall be final and conclusive in the absence of a timely filed appeal to the city council. Any appeal of a planning commission action shall be subject to the provisions of subsection B of this section.

2. The director of community development shall have jurisdiction to revoke any previously approved sign plan, or any modification thereto, granted in accordance with the provisions of this title, in the following manner:

a. The director of community development shall conduct a hearing to determine whether the permit should be revoked. The director of community development shall prepare and deliver to the permittee a written statement setting forth the factual basis for the proposed revocation, at least ten days prior to the hearing.

b. A permit may be revoked by the director of community development based upon any one or more of the following grounds:

i. The approval was obtained by fraud;

ii. The permit granted is not being exercised;

iii. The permit granted is being, or has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or

iv. The permit for which the approval was granted was so exercised as to be detrimental to the public peace, health, safety, welfare, or so as to constitute a nuisance to the extreme annoyance of surrounding businesses or residents.

3. The decision of the director of community development to revoke a permit shall be final and conclusive in the absence of a timely filed appeal. Any appeal of an administrative action shall be subject to the provisions of subsection B of this section.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, §§ 12—14, 2011.)

Editor's note— Section 6 of Ord. No. 2011-08, adopted July 19, 2011 repealed former § 16.03.070 entitled "Sign variance" which derived from Ord. 97-12, § 2(part), 1997. Section 6 of Ord. No. 2011-08 further renumbered existing § 16.03.080 to 16.03.070 as set out herein.