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)