[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.