[Ord. No. 789, 12-5-1961; Ord. No. 1921, 7-2-1985; Ord. No. 2085, Enacted, 1-4-1994; Ord. No. 2225, Amended, 2-1-2000; Ord. No. 2314, Amended, 3-5-2002; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2438, Amended, 12-6-2005; Ord. No. 2579, Amended, 3-20-2012]
1. 
All sign variances shall follow the same procedure as a minor variance to the Community Development Code and shall be regulated pursuant to the following procedural provisions:
a. 
LOC §§ 50.07.003.3.a, 50.07.003.14.d.i, and 50.07.003.14.d.iii.
b. 
LOC §§ 50.07.003.3.e, 50.07.003.7 and 50.07.003.15.b (except that the statement required by LOC § 50.07.003.3.e.iii(5) shall not be given).
c. 
LOC § 50.07.003.4, except that:
i. 
In lieu of LOC § 50.07.003.4.a.v, a statement shall be given that the evidence and testimony must be directed to the applicable criteria described by the staff or to other criteria in the Sign Code which the person believes to apply to the decision.
ii. 
In lieu of LOC § 50.07.003.4.a.xiii, following testimony and argument, the hearing body’s deliberations may include questions to or testimony by City staff regarding the criteria, evidence and testimony in the record. The hearing body may also direct questions to any person present. If any person other than City staff is questioned or allowed to make comments during deliberation, the Chair shall allow any other person to respond to such comments.
iii. 
In regards to LOC § 50.07.003.4.f.ii, the 120-day rule is not applicable.
d. 
LOC § 50.07.003.7, except that:
i. 
In regards to LOC § 50.07.003.7.m.i, the 120-day rule is not applicable.
ii. 
The statement required by LOC § 50.07.003.7.o.v shall not be given.
2. 
The granting authority may approve a variance to any requirement of this chapter if the applicant demonstrates that:
a. 
Strict application of the code requirement would deny the applicant a reasonable opportunity to communicate by sign in a manner similar to like persons or uses because of an unusual or unique circumstance relating to the property or the proposal, such as site or building location, building design, physical features on the property, or some other circumstance;
b. 
The sign which would result from the variance will not affect the surrounding neighborhood or other property affected by the request in a manner materially inconsistent with the purpose of the Sign Code expressed in LOC § 47.03.010; and
c. 
The degree of the variance is limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstance identified pursuant to subsection (2)(a) of this section.