§ 58-17. Variances.

(a)

Application and fee required. Any person, business, or other organization desiring to continue to construct, reconstruct, place, install, relocate, alter, or use any sign which does not conform to the provisions of this chapter may make application to the planning and zoning commission for a variance to the provisions of this chapter. Upon submittal of a complete variance packet, the application will be reviewed at the next regularly-scheduled planning and zoning meeting.

The application shall be filed with the building official, accompanied by a nonrefundable variance fee as listed in the City of Cibolo Fee Ordinance (as amended), and conform to all requirements established in section 58-9 of this chapter relating to sign permit applications.

(b)

Requests for variances after permit denial. Within ten business days after denial of a sign permit by the building official, an applicant may file a written request for a variance of the chapter 58 regulation(s) the building official identified to be in contravention with the permit application.

(c)

Action. Unless an extension or postponement is sought by the applicant, the planning and zoning commission must consider and take action on the written request for a variance at its first available meeting.

(d)

Standards for variances. The commission may approve a variance only if it makes affirmative findings, reflected in its minutes of the proceedings, as to all of the following:

1.

The variance will not authorize a type of sign which is specifically prohibited by this chapter;

2.

The variance is not contrary to the goals and objectives outlined by the City of Cibolo;

3.

The variance is not contrary to the public interest;

4.

Due to special conditions applying to the land, buildings, topography, vegetation, sign structures, or other unique matters on adjacent lots or within the adjacent right-of-way, a literal enforcement of the ordinance would result in unnecessary hardship. Ordinarily, hardship that is self-induced or that is common to other similarly-classified properties will not satisfy this requirement. Financial or economic hardship alone will not ordinarily satisfy this requirement;

5.

The spirit and purpose of the ordinance will be observed and substantial justice will be done; and

6.

The applicant has not sought a sign variance for a specific parcel of land from the city within the past 12 months.

(e)

Conditions of variances. The planning and zoning commission may impose such conditions or requirements in a variance as are necessary in the planning and zoning commission's judgment to achieve the fundamental purposes of this chapter. A violation of such conditions or requirements shall constitute a violation of this chapter. The sign(s) must receive final inspection approval within three months of the date the variance is approved or the variance shall lapse and become of no force or effect.

( Ord. No. 1188, § II(Exh. A), 12-13-2016 )