§ 6-13. Variances.

(a)

The city manager can authorize, upon application in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest when, due to special conditions, a literal enforcement of the provisions of this chapter will in an individual case result in extreme and unusual hardship, so the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. The mere existence of a nonconforming sign or advertising device shall not constitute a valid reason to grant a variance. A variance may be granted in an individual case of extreme and unusual hardship not self-imposed upon a finding by the city manager that the following conditions exist:

(1)

There exist extraordinary and exceptional conditions pertaining to the property in question resulting from its size, shape, or topography which are not applicable to other lands or structures in the area;

(2)

A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other similar properties in the city;

(3)

Granting the variance requested will not confer upon the property of the applicant significant privileges which are denied to other similar properties in the city;

(4)

The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;

(5)

The variance is not a request to permit a type of sign which otherwise is not permitted in the zoning districts involved;

(6)

The cause for the need for the variance is not created by the applicant, the owner, lessor, or successor in ownership or occupancy;

(7)

Signs may be displaced upon the vertical surface of a canopy only by a variance, upon the applicant reducing the number or square footage of ground or wall signs authorized by this chapter for the lot in question, so as to reasonably set-off for the additional signs.

(b)

All requests for such variances shall be in written form and filed with the city manager. The city manager shall make a decision on a complete application within 30 days of the city manager's receipt of the application and shall mail the decision to the applicant at the address shown on the application. The writing shall state the basis of the decision. An applicant dissatisfied with the city manager's decision shall appeal to the city council pursuant to the appeal procedure at subsection 6-5(g).

(c)

No change may be made in the location, shape, color, height, size, copy or text of any sign subject to a variance unless the sign is brought into compliance with the provisions of this chapter and a sign permit is granted.

(d)

A change in the owner, lessor, lessee, or user of property served by a sign subject to a variance shall negate the variance, and the sign shall be removed or brought into compliance with the provisions of this chapter and a new sign permit granted.

(e)

A sign subject to a variance may not be reconstructed, replaced or reset if it is removed for any reason.

(f)

When a sign under a variance has been razed or damaged by any cause, naturally occurring or otherwise, the sign shall not be re-established:

(1)

If the value of the sign as damaged is 50 percent or less of the value of the signs prior to the damage; or

(2)

If the estimated cost of repairing the above ground portion of the sign is more than the value of the sign in its damaged condition.

(3)

Value shall be established by the city manager or his/her designee and shall be based upon the value of the sign's materials above ground with no allowance for the intrinsic value of the sign or the value of the right to have a sign at that location.

(Ord. No. 0-7-12, arts. I, II, 4-19-12)