Section 9-14-5-5 of the Lemoore Municipal Code:
9-14-5-5: MODIFICATIONS TO PROVISIONS:
Notwithstanding other provisions of this chapter, the planning director may, but shall have no obligation to, modify the application of the regulations in this chapter to a particular sign or site in order to prevent or lessen substantial hardship or results inconsistent with the purposes of this chapter that is caused by a strict or literal interpretation and enforcement of such regulations. Such modification shall apply only to the particular instance and shall be granted only according to the following procedure:
A. The applicant shall pay appropriate fees set by city council and request such modification from the planning director, in writing, specifying the reasons therefor within the meaning of this section.
B. Upon receipt of such request, the planning director or designated representative shall schedule an administrative hearing to consider the requested modification. The hearing shall be held no later than forty five (45) days after the date the request is received. The planning director shall cause written notice to be given to the applicant and each owner of property immediately adjacent to the subject site at least seven (7) days before the scheduled date of the hearing. The applicant and adjacent property owners shall be given an opportunity to submit written or oral comments on the request for modification.
C. Upon completion of the hearing, the planning director shall approve, approve with modifications or deny the request. The decision shall be stated in writing. If the decision is to approve or approve with modifications, the decision shall be supported by written findings of fact showing how the request satisfies the criteria for modification set forth in this section. A copy of the decision shall be personally delivered or sent by first class mail to the applicant and each adjacent property owner. The decision shall be appealable to the council without additional fees and without additional public hearing. (Ord. 2008-06, 9-16-2008)