Chapter 16.12
APPEALS, VARIANCES AND AMENDMENTS
Sections:
16.12.010 Rejection of an application.
16.12.090 Attachment of conditions.
16.12.010 Rejection of an application.
Rejection of any sign permit application shall be made in writing by the community development director and shall state the reasons for the rejection. The rejection notice shall be mailed to the applicant at the address provided on the application. (Ord. 1488-03 § 1, 2003).
16.12.020 Denial of a permit.
When the community development director denies a sign permit, notice shall be made in writing and shall state the specific reasons for the denial of the permit. The notice shall be mailed to the applicant at the address provided on the application. (Ord. 1488-03 § 1, 2003).
16.12.080 Variance hearings.
The hearing examiner may grant a variance to the requirements of this chapter only if the applicant demonstrates compliance with all the following criteria:
A. The variance as approved shall not constitute a grant of special privilege which is inconsistent with the intent of the sign code;
B. That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located;
D. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant;
E. That the variance as granted represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this chapter;
F. That granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought;
G. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety and the proposed variance shall not interfere with the location and identification of adjacent buildings or activities;
H. All facts shall be presented and reviewed at a legally noticed public hearing. The applicant is required to be present at the public hearing. (Ord. 1593-06 § 42, 2006; Ord. 1488-03 § 1, 2003).
16.12.090 Attachment of conditions.
In granting a variance, the hearing examiner may attach conditions regarding the location, sign size, number of signs, sign character, landscaping requirements, and any other conditions necessary to carry out the intent and purpose of this chapter. (Ord. 1593-06 § 43, 2006; Ord. 1488-03 § 1, 2003).
16.12.100 Variance fee.
The fee for a variance is set forth in FMC 16.08.030. (Ord. 1488-03 § 1, 2003).