A variance is a relaxation of the requirements of this chapter that are applicable to a particular street graphic.

    A.    Application. Every application for a variance shall be filed with the administrator on a prescribed form. The administrator shall promptly transmit said application to the street graphics advisory committee. The application shall contain sufficient information to allow the committee to make an informed recommendation, and shall include, at a minimum, the following:

    1.    Name and address of the applicant;

    2.    Location of the street graphic for which the variance is sought;

    3.    Full and detailed explanation of the grounds for the variance request;

    4.    Specific sections of this chapter for which a variance from the strict application of the same is being sought;

    5.    Any other pertinent information that the administrator may require.

    The fee to be paid to the city clerk for the processing of a variance application under this ordinance shall be as set by city ordinance from time to time.

    B.    Public Hearing Notice. The street graphics advisory committee shall hold a public hearing on each variance request within sixty (60) days after the variance application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by:

    1.    First class mail to the applicant and to all parties the committee finds would be directly affected by the proposed variance; and

    2.    Publication in a newspaper of general circulation within the city.

    C.    Advisory Report. Within ten days after the public hearing, the street graphics advisory committee shall submit an advisory report on the requested variance to the city council. Their advisory report shall be responsive to all of the variance standards set forth in subsection E of this section. If the committee fails to file its report with the city council within ten days of the public hearing or seventy (70) days after receipt of the variance application, it shall be deemed that the committee approved the application.

    D.    Decision by City Council. The city council shall act on every request for a street graphic variance at their next regularly scheduled meeting following receipt of the street graphics advisory committee's advisory report or within ninety (90) days of the filing of the variance application with the city clerk, whichever is less. By simple majority vote of a quorum of all members of the city council then holding office, the city council shall grant or deny the variance application. If the city council fails to rule on the variance application within the time aforesaid, it shall be deemed that the city council has approved the variance application.

    E.    Standards for Variances. The city council shall not grant any street graphic variance unless, based upon the evidence presented to them, special circumstances involving size, shape, topography, location or surrounds affect the property referred to in the application, denial of the application would cause unreasonable or unnecessary hardship, and when the sign will not cause substantial injury to the value of other property in the vicinity nor be detrimental to the public safety or welfare and the neighborhood in which it is located.

    An exception may be granted only by ordinance passed by at least a majority vote of all members of the city council then holding office after an application for an exception has been submitted to the street graphics committee and after a public hearing is scheduled and held by the street graphics committee and its findings and recommendations are reported to the city council. (Amended during 1997 codification; Ord. 892 § 6-3, 1991)