Whenever a strict interpretation of certain provisions of this Chapter relating to any of the cases specified hereinbelow would result in practical difficulties in the permitted use of property, the Planning and Building Department Director or Planning Commission may grant an adjustment to permit a minor modification in said cases as follows:

An adjustment may also be granted to modify the sign regulations of this Chapter if such regulations would result in practical difficulties in the use of the property. The Planning and Building Department Director may grant an adjustment to the sign regulations to permit the modification of area, height, number, location (other than roof signs), lighting, motion, and other limitations on signs or conditions under which signs are permitted; to permit temporary and promotion signs including real estate signs and contractor's signs; or to permit the extension of time required for the removal of signs. An adjustment shall not be granted to modify any billboard standard or requirement.

The owner of the affected property, or an authorized agent of said property owner, may apply for any adjustment by filing an application with the Planning and Building Department Director stating in writing the nature of the adjustment desired and explaining why the findings necessary therefor are satisfied. Said application shall be accompanied with plans delineating the requested adjustment. The applicant shall also submit with said application a fee specified in the Master Fee Schedule.

No adjustment shall be granted unless the Planning and Building Department Director can make all of the following findings:

Whenever any adjustment is granted, the Planning and Building Department Director shall impose such conditions as may be necessary to safeguard the interests of the neighborhood and in all cases shall impose the following conditions:

Within twenty calendar days of the filing of an application, the Planning and Building Department Director shall make a determination to either approve the request for adjustment in compliance with the requirements of Section 12-98.6 or set a public hearing in compliance with the requirements of Section 12-98.7.

In the event the Planning and Building Department Director determines that the approval of the adjustment is justified, such approval shall be prepared in written form specifying the nature of the adjustment and reciting the facts and reasons how the necessary findings have been satisfied and also reciting such conditions and limitations that may be imposed in consideration for such approval. The determination for approval shall be sent to all owners of abutting property by first class mail. The Director's decision shall become final unless any written protest is submitted to the Director within ten working days of the date of mailing.

In the event the Planning and Building Department Director cannot make the determination that there is adequate justification to approve the adjustment based upon the written application, or in the event a written protest to the Director's decision is submitted within the specified ten days, the Director shall set the matter for a public hearing. The Director shall conduct such hearing within the next twenty calendar days. Public notices for such hearing shall be mailed to the applicant and abutting property owners by first class mail at least seven calendar days prior to the hearing. The Planning and Building Department Director shall render a decision on the matter within ten calendar days following such hearing.

A copy of the findings and decision of the Planning and Building Department Director shall be mailed to the applicant on the date of the decision. A copy of the findings and decision of the Director shall be posted on the City Hall bulletin board on the date thereof and shall remain posted for ten calendar days. A copy of the findings and decision of said Director shall be transmitted to each member of the City Council.

The applicant or any person may appeal the determination of the Planning and Building Department Director to the Planning Commission within ten working days after such determination has been mailed to the applicant and posted on the City Hall bulletin board. Such appeal may be made by filing a written notice of appeal in letter form with the Planning and Building Department Director together with an appeal fee as specified in the Master Fee Schedule. If no appeal is taken within said ten days after the findings and decision of the Director have been mailed to the applicant and posted on the City Hall bulletin board, the decision of the Director shall be final.

In the event an appeal is filed, the matter shall be set for a public hearing before the Planning Commission at its next regular meeting occurring later than ten calendar days after the appeal is filed, and notice of the nature, the time and the place of such hearing shall be given by the Planning and Building Department Director to the applicant, the appellant and the owners of abutting property by first-class mail at least seven calendar days prior to the hearing.

The Planning Commission shall hear the appeal at the time and place set forth in said notice and may continue said hearing from time to time for the purpose of considering further evidence. Not more than forty calendar days following the close of the hearing the Commission shall render its decision. The findings and decision of the Commission shall be final and may not be appealed to the City Council.

Within ten calendar days after final action of the Planning Commission, the Planning and Building Department Director shall report the action of the Planning Commission to the City Council and mail a copy of the report to the grantee of the adjustment, the appellant and the subject property owner. The requirements of this Section with reference to reporting to the City Council may be satisfied by filing a copy of the resolution of the Planning Commission with the City Clerk for presentation to the City Council.

The conduct of any activity or the use, operation. construction, maintenance or removal of any facility in violation of any of the conditions of an adjustment or of any statute, law, ordinance or other applicable regulation shall be grounds for revocation of said adjustment. The Planning and Building Department Director shall set a date for an administrative public hearing and at such time said Director may revoke the adjustment, citing the reasons therefor. Notice of such hearing shall be made in the same manner as required for an adjustment application. Unless otherwise specified by the Director, all activities or facilities permitted by the adjustment shall cease and/or be removed not later than sixty calendar days following the date of determination of the Director to revoke the adjustment.

Any person may appeal the decision of the Planning and Building Department Director to revoke or maintain an adjustment to the Planning Commission within ten calendar days after the findings and decision of the Director have been mailed to the grantee of the adjustment and to the current property owner and posted on the City Hall bulletin board. The appeal may be made by filing a written notice of appeal in letter form with said Director together with an adjustment appeal fee as specified in the Master Fee Schedule. If no appeal is filed within said ten days the decision of the Director shall be final.

In the event an appeal is filed, the matter shall be set for hearing before the Planning Commission at its next regular meeting occurring later than ten calendar days after the appeal is filed, and notice of the nature, the time and the place of said hearing shall be given by said Director to the grantee of the adjustment, the appellant, the subject property owner, and the owners of the abutting property by first class mail at least seven calendar days prior to the hearing.

The Planning Commission shall hear the appeal in accordance with the procedures of Section 12-98.10. The findings and decision of the Commission shall be final and may not be appealed to the City Council. The action of the Planning Commission shall be reported in accordance with the procedures of Section 12-98.11.

Following the denial or revocation of an adjustment, no new application for the same or substantially the same modification to the regulations of this Chapter, on the same or substantially the same site, shall be filed within one year from the date of denial or revocation of said adjustment.