Division 12 — ADMINISTRATION AND ENFORCEMENT

It shall be the duty of the Director of Community Development to enforce all of the provisions of this article.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

(a)

Penalties and abatement of nuisances. It is illegal to use, occupy, or maintain property in violation of this article. Any violation or failure to comply with the provisions of this article shall render a person guilty of a misdemeanor, and such person shall be punished in accordance with the provisions of Section 1-7. In addition to any administrative, criminal, nuisance, or other enforcement procedure, the City may withhold the issuance of business licenses, building permits, grading permits, certificates of occupancy, and other land use entitlements and may issue stop work orders for a development project failing to comply with the provisions of this article.

(b)

Procedure for notification of violation. When a sign has been found to have been erected, installed, painted, constructed or altered in violation of the provisions of this article, a notice of violation shall be given as specified in Chapters 1 and 18 of the Municipal Code.

(c)

Removal of signs to correct violations. If the option of removing signs in violation is exercised, the signs shall be completely removed, including all poles, structures, electrical equipment, cabinets, and sign faces. Building walls, grounds, or other items on which such signs have been placed shall be restored to good repair and appearance.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

(a)

Purpose. The purpose of a sign variance is to provide for deviations from the literal provisions of this article in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual sign under consideration, and to grant such variances only when it is demonstrated that such actions align with the applicability and the findings of this section.

(b)

Authority. The Planning Commission is authorized to approve or deny sign variance applications.

(c)

Application.

(1)

Applications for a sign variance shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Planning Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(2)

At a minimum, the application shall include:

a.

A statement that the applicant is the owner of the subject property or an agent thereof;

b.

The legal description of the property involved, the proposed use, and site plans;

c.

A reference to the specific provisions of this article that are applicable to the requested sign variance; and

d.

The specific use and standard for which the sign variance is being requested shall be described in detail.

(d)

Limitation on variances. In no case shall any sign variance be granted that would result in a sign that exceeds the height, size, or setback provisions of this article by 25 percent or that would increase the number of signs permitted by this article by more than 25 percent.

(e)

Findings. The following findings are required to be made by the Planning Commission for approval of a sign variance application, with or without conditions:

(1)

Variances from the terms of this article shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the article deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.

(2)

The characteristics that make compliance with the requirements of this article difficult must be related to the premises for which the sign variance is sought, not some other location;

(3)

The characteristics that make compliance with the requirements of this article difficult must not have been created by the owner of the premises, a previous owner, or the applicant; and

(4)

The proposed sign variance will not be harmful or alter the essential character of the area in which the property is located, will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in public streets, or increase the danger of fire or endanger public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City.

(f)

Consistency. Any sign variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.

(g)

Noticing. Notice of hearings for sign variances shall be as set forth in Chapter 30, Article II, Division 4.

(h)

Hearing. Upon receipt of a complete application for a sign variance, a time and place for the hearing before the Planning Commission shall be set.

(i)

Appeal. The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made as set forth in Chapter 30, Article II, Division 5.

(j)

Time limitations. Each sign variance granted under the provisions of this article shall become null and void two years after the date of the action approving the sign variance unless:

(1)

The construction authorized by the sign variance or permit has been commenced within two years after the granting of the sign variance and diligently advanced to completion;

(2)

The decision approving a sign variance contains in its findings and conditions specific authority for extending the time limit defined; or

(3)

The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established.

(Ord. No. 1868, § 9(Att. 2), 5-25-21; Ord. No. 1906, § 71, 10-25-22)

All appeals shall be subject to the requirements of this chapter.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)