(a) 
In order to lessen practical difficulties and prevent unnecessary physical hardships, variances from the regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a structure, or the location of the structure, from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance.
(b) 
A variance may be granted with respect to any regulation contained in this chapter.
(Ordinance 2020-007 adopted 6/24/20)
Application for a variance from the provisions of this chapter shall be made upon a form provided by the administrator. The variance application shall include the application for a sign permit and shall also state the applicant’s reasons for requesting variance in accordance with the criteria set forth in this chapter.
(Ordinance 2020-007 adopted 6/24/20)
(a) 
The city shall establish fees to defray the cost of processing requests for variances to this chapter. Sign variance application fees are established in the fee schedule, appendix A, of this code.
(b) 
Fees shall not be refunded if the request for variance is disapproved.
(Ordinance 2020-007 adopted 6/24/20)
Upon receipt of a variance application under this article, the planning and zoning secretary shall set a date for hearing before the zoning and planning commission and the city council after the application is reviewed by the director of building and development services. Upon request of applicant, the commission may allow one postponement of the variance request(s) to the following regular meeting of the commission, at which meeting the commission must either make a recommendation or forward the variance request(s) to the board of adjustment/city council without a recommendation. The notice provisions outlined in section 38.05.036 apply.
(Ordinance 2020-007 adopted 6/24/20)
Within 20 days of the closing of a hearing on a variance application, the zoning and planning commission shall act on the application. The commission may recommend approval of the application as submitted, or may recommend approval of the application subject to such modifications or conditions as it deems necessary to accomplish the purpose of this chapter, or the commission may recommend denial of the application. A variance may be revocable or may be granted for a limited time period. If the commission fails to act within this 20-day timeframe, the application is deemed recommended for approval without conditions.
(Ordinance 2020-007 adopted 6/24/20)
The zoning and planning commission may be authorized to recommend changes retaining appropriate scale and proportions of lettering to open space for readability and aesthetic consideration and with consideration of the hardship criteria described in section 32.04.001 of this chapter.
(Ordinance 2020-007 adopted 6/24/20)
The recommendation of the zoning and planning commission shall be promptly transmitted to the applicant and to the city council. At its next regularly scheduled meeting following receipt of the recommendation of the zoning and planning commission or as promptly as practicable at a subsequent regular meeting of which the applicant is given written notice, the city council shall hold a hearing to review the recommendation of the commission, and shall either approve the application as submitted, approve the application subject to such modifications or conditions as it deems necessary to accomplish the purpose of this chapter, or deny the application. If the city council deems insufficient information is adduced at the hearing to provide the basis for a sound decision, it shall continue the hearing to one or more subsequent meetings. The city council shall render a decision on the appeal within sixty (60) days after the final hearing, unless additional time is required for good cause, and serve a copy of its decision on the applicant by mail to the applicant’s last known address.
(Ordinance 2020-007 adopted 6/24/20)