Any owner or occupant of property experiencing a hardship, as defined herein, as a result of the regulations of this Title, may seek relief therefrom pursuant to this Section.
(1) "Hardship" as used in this Section means an existing physical condition, such as topography or lot configuration, that so restricts the placement of a sign on the property under this Title, that the property cannot host a sign in a similar manner to other properties within the same zoning district. A hardship is not a condition that is or was created by the owner or occupant, nor is a hardship an economic loss or lost economic opportunity.
(2) Any person having a hardship as defined herein may request relief from the restricting regulation as follows:
(a) Submit a written request to the Community and Economic Development Director for relief containing the following:
(i) Name, address, and telephone number of the owner/occupant/ applicant, address or location of the subject property, and relationship between the property and the submitting person or entity;
(ii) The nature of the hardship and the restricting regulation; and
(iii) The proposed use that is proscribed by the regulation.
(b) The Community and Economic Development Director is to review the application and make a determination within ten (10) days of receiving the application. In order to grant relief from the restriction, the Community and Economic Development Director must find:
(i) Literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title;
(ii) There are special circumstances attached to the subject property that do not generally apply to other properties in the same district;
(iii) Granting the relief is essential to the enjoyment of a substantial property right possessed by other property in the same district;
(iv) The granted relief will not substantially affect the General Plan and will not be contrary to the public interest; and
(v) The spirit of this Title is observed and substantial justice done.
(c) Appeals. Any person aggrieved by the decision of the Community and Economic Development Director may appeal that decision to the City Council. Any such appeal must be in writing and be submitted to the Office of the City Manager within ten (10) days of the Community and Economic Development Director's decision. The City Council may affirm, modify, or reverse the decision of the Community and Economic Development Director. Said decision is to be made within twenty-eight (28) days from receiving the appeal.
Ord. No. 05-46, Enacted 11/3/2005