(a) 
A responsible party that wants a variance from this article must file a request for variance at city hall with the sign administrator along with a variance fee, as stated in the city’s most recent fee schedule. The sign administrator will indicate what documentation the responsible party must provide in support of the request. Such documentation shall meet the standardized requirements set forth by the city with input from the planning and zoning commission.
(b) 
Once the necessary documentation has been provided to the sign administrator, P&Z will review the request and make a determination based on the documentation provided by the responsible party as well as any opinions of the sign administrator.
(c) 
Any decision made by P&Z must be reviewed by the city council. The applicant is responsible for securing an item on the council’s agenda at which time the council may affirm, deny, or modify the commission’s recommendation.
(d) 
If either the sign administrator or the responsible party disagrees with a decision by P&Z to deny or modify a variance request, they can submit a written request that the city council review the request, the supporting documents, and P&Z’s decision. The request for variance shall clearly state why the applicant’s case is unique and why granting the request for variance would not set a precedent for future variance requests. The city council can affirm, reverse, or modify the decision of P&Z.
(e) 
The city council has final authority to approve a variance.
(Ordinance 2011-392, sec. 26.03.001, adopted 11/8/11)
When considering granting a variance in accordance with this division, the following considerations may be considered by P&Z and the city council:
(1) 
Special or unique hardship because of the size or shape of the property on which the sign is to be located.
(2) 
Hardship claim based on the exceptional topographic conditions or physical features uniquely affecting the property on which a sign is to be located.
(3) 
The proposed sign is not listed in section 9.03.041(1) or 9.03.041(2), but is determined by the city to be an acceptable alternative design to what is permitted by the code.
(4) 
Proposed sign location, configuration, design, materials and colors are harmonious with the Hill Country setting.
(5) 
The proposed sign does not visually dominate the structure to which it belongs or call undue attention to itself.
(6) 
Visible sign materials for permanent signs are predominantly natural such as native stone, granite, wood, bronze, or other rustic metals (non-reflective). This section does not apply to portions of the sign or sign structure that are not readily visible once construction has been completed.
(7) 
The sign and its supporting structure should be in architectural harmony with the surrounding structures.
(8) 
Natural colors (earth tones) and muted colors are favored. Color schemes must be compatible with the surrounding structures.
(9) 
Landscaping, where required, should be designed to harmonize with the building and surrounding natural landforms and native plants, and be maintained in a neat, clean, and healthy condition. The city may take into consideration an applicant’s plan to provide for tree preservation, open space, or landscaping that exceeds the mandates of the city’s Code of Ordinances.
(10) 
The city may take into consideration the demonstrated and documented correlation between the variance and protecting the public health and safety.
(11) 
The city will be more inclined to consider a variance request when it is sought during an earlier stage of the construction approval process, for instance when the responsible party is submitting/obtaining a plat, planned development district, development agreement, or site plan.
(Ordinance 2011-392, sec. 26.03.002, adopted 11/8/11)
A showing that the display of a sign would be more profitable or the sign would be more valuable is not a special or unique hardship as required by this division.
(Ordinance 2011-392, sec. 26.03.003, adopted 11/8/11)
The city council may impose conditions upon the granting of a variance under this article. Such conditions must be related to the variance sought, and be generally intended to mitigate the adverse effects of the sign on neighboring tracts and the general aesthetic ambiance of the community. A responsible party’s failure to comply with conditions placed on a variance may result in the city council voiding the variance and authorizing all available code enforcement actions and other remedies available in equity or at law.
(Ordinance 2011-392, sec. 26.03.004, adopted 11/8/11)