Chapter 4.36 SIGN REGULATIONS
Section 4.36.190 Appeals to the board of adjustment.
1. Right to Appeal. Except for instances relating to signs
located or proposed to be located on
public property, which is within the jurisdiction of the city council, any person who has been
ordered by the director of inspection services to incur an expense for the alteration or removal of
any sign, or any person whose application for a permit for a sign has been refused, may appeal to
the board of adjustment by serving written notice to the director of inspection services, pursuant
to Section 25.12.640 of the municipal code. Such appeals to the board of adjustment shall be on
forms provided by the director of inspection services and upon filing of a notice of appeal, the
director of inspection services shall take no further action with regard to the sign involved
until
the final decision of the board of adjustment has been rendered, unless the director of inspection
services finds by reason of condition, location or nature of the sign involved presents an
immediate and serious danger to the public, in which case he shall proceed immediately as
provided herein. (Ord. 84/T-2853)
2. Variances. The board of adjustment may grant variances concerning
the height and setback
of signs, the period for removal of non-conforming signs, the maximum sign area, the maximum
number of signs, the removal of prohibited signs, and such other variances as specifically
provided for herein, only if the following determinations have been made:
a. The appeal falls within the jurisdiction
of the board:
b. That all parties directly in interest
have been notified of the proceedings;
c. That the granting of the appeal would
not have the effect of applying sign standards from
a less restrictive zone;
d. That the property cannot be reasonably
used in conformity with the provisions of this
chapter;
e. That the difficulty complained of
is unique to the property in question and is not common
to all properties similarly situated;
f. That balancing the interest of the city is preserving
the purpose of this chapter or the
interest of nearby properties against the interest of the petitioner in using this property as
proposed to be used, the granting of the variance is required by considerations of justice and
equity. (Ord. 96/U-4526; 84/T-2853)