Sonoma Municipal Code Ch. 18.40 Variances

The DRHPC may grant a variance in accordance with the procedure specified below and authorize a specific exception to any regulation of this title. (Ord. 01-2015 § 1, 2015; Ord. 06-2013 § 3, 2013; Ord. 03-2011 § 1, 2011; Ord. 2000-9 § 1, 2000).

An application for a variance from the provisions of this title shall be filed on a regular sign application form, accompanied by plans, sketches, and a narrative that clearly depict and describe the proposal and the exception required, along with the appropriate filing fee. A narrative shall explain and justify why a variance is necessary. (Ord. 2000-9 § 1, 2000).

A. Public Hearing. The DRHPC shall hear the variance item at a regular or special meeting of the commission.

B. Granting of the Variance. The DRHPC has final authority to grant the variance if it makes all of the findings in accordance with this chapter and any other variance findings specifically required to be made for the applicable sign by this title. The DRHPC may require such terms or conditions to the granting of the variance as are deemed necessary and reasonable to secure the objectives of this title.

C. Noncompliance and Revisions to the Variance. Noncompliance with or violation of terms or conditions of a variance shall constitute cause for revocation of the variance. Revisions to the terms or conditions of a granted variance shall require a new application and public hearing.

D. Effective Date. The variance shall become effective and be issued 15 days after the date the DRHPC grants the variance, unless an appeal has been filed, in which case the variance shall not be issued unless and until the granting of the variance is affirmed on appeal.

E. Appeals. Appeals shall be taken according to SMC 18.12.050, Appeal. (Ord. 01-2015 § 1, 2015; Ord. 06-2013 § 3, 2013; Ord. 03-2011 § 1, 2011; Ord. 2000-9 § 1, 2000).

The DRHPC may grant a variance if it makes all of the following necessary findings:

A. Exceptional or extraordinary circumstances or conditions, not resulting from any act of the owner or applicant, apply to the location under consideration and not generally to other businesses or properties in the vicinity;

B. Strict adherence to a regulation may cause unnecessary hardship or prohibit the exercise of creative design, and the application submitted is extraordinary and outstanding in design;

C. The exception is the minimum necessary to serve its intended use;

D. The exception is in conformance with the purpose and intent of this title;

E. The granting of the variance will not be detrimental to the public interest or welfare, or injurious to properties or improvements in the vicinity. (Ord. 01-2015 § 1, 2015; Ord. 06-2013 § 3, 2013; Ord. 03-2011 § 1, 2011; Ord. 2000-9 § 1, 2000).