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SIGNS § 3-22 (7) An explanation of any unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found in most districts, peculiarity of the business, or other special event or circumstance; (8) An explanation of why granting the variance will not adversely affect the rights of adjacent property owners or tenants, including an explanation of alternative measures, if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (9) Notice of the variance application shall be mailed by the applicant to all property owners and tenants within three hundred feet of the affected property. The notice shall designate a public comment period of not less than twenty days from the date of the mailing. The director shall consider proof of service, good faith efforts to serve notice, and any written comments received, as part of the application; (10) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (11) An explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community; (12) If applicable, the planning director's and design commission's written comments and recommendations; and (13) Any fee(s), prescribed by this chapter. (d) Upon review of a complete application, the director shall render a final decision, which may be preceded by a preliminary review and recommendation, and may be appealed to the board of appeals. (2004, ord 04-142, sec 2; am 2008, ord 08-3, sec 1; am 2020, ord 20-19, sec 3.) Section 3-23. Variances; criteria for granting. (a) Only in situations where the following conditions exist may a variance be granted: (1) Granting the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; (2) Granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (4) A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community; (5) Granting the variance will not constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes, or rules; and (6) The application is complete. (b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value of the sign, shall not be deemed to constitute sufficient reason to grant a variance. (2004, ord 04-142, sec 2; am 2020, ord 20-19, sec 3.) 3-17 SUPP. 8 (7-2020)