A. The Planning Commission may authorize adjustments to the requirements of this chapter per Section
19.1006 Type III Review where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, strict application of this chapter would cause an undue or unnecessary hardship. The cost of meeting the standard will not be a basis for granting an adjustment. In granting an adjustment, the Planning Commission, in addition to the time limitations of Section
14.32.040, may attach conditions which it finds necessary to protect the welfare of the City and otherwise achieve the purposes of this chapter.
B. Adjustments may be granted where it can be shown that there are special and unusual circumstances related to the specific property or sign, the adjustment is consistent with the guiding principles of the downtown design guidelines in Subsection
19.508.4, and the adjustment meets either of the following criteria:
1. Strict
application of this chapter would cause an undue or unnecessary hardship.
The cost of meeting the standard does not constitute a hardship; or
2. The
adjustment serves to protect or enhance significant features such
as, but not limited to, trees, historic or culturally significant
buildings, or landmark signs.
In granting an adjustment, the Planning Commission, in addition to the time limitations of Section 14.32.040, may attach conditions which it finds necessary to protect the welfare of the City and otherwise achieve the purposes of this chapter.
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(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1916 § 3
(Exh. B), 2003; Ord. 1917 § 3
(Exh. B), 2003; Ord. 1965 §§ 2,
3, 2006; Ord. 2025 § 3,
2011; Ord. 2235 § 2, 2023)
The following procedures shall be followed in applying for and
acting on an adjustment:
A. A property
owner may initiate a request for an adjustment by filing an application
with the City Manager, using forms required by the City Manager or
duly authorized agent. The application shall be accompanied by a site
plan drawn to approximate scale showing the condition to be adjusted
and the dimensions and arrangement of the proposed sign, support structure,
buildings and real property. The review authority may request other
drawings or material essential to an understanding of the adjustment
request.
B. The review authority shall hold a public hearing for any adjustment request which is 25% or more of the required standard per the provisions of Section
19.1006 Type III Review. Adjustment requests of less than 25% from the required standard shall be reviewed by the Planning Director per the provisions of Section
19.1005 Type II Review. Within 5 days after a decision has been rendered with reference to a request for an adjustment, the City Manager or duly authorized representative shall provide the applicant with notice of the decision of the review authority.
(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1916 § 3
(Exh. B), 2003; Ord. 1917 § 3
(Exh. B), 2003; Ord. 1977 § 2,
2008; Ord. 2025 § 3, 2011)
The review authority shall consider and make findings with respect
to each of the following:
A. That
strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the Sign Ordinance;
B. That
there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property, which do not apply generally to other properties classified
in the same zoning district;
C. That
strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties classified in the same zoning district;
D. That
the granting of the adjustment will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zoning district; and,
E. That
the granting of the adjustment will not be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1916 § 3
(Exh. B), 2003; Ord. 1917 § 3
(Exh. B), 2003; Ord. 1977 § 2,
2008)
A. Authorization
of an adjustment shall be void if the building or work approved by
such adjustment is not commenced within 6 months of the date of approval.
B. The
review authority may, upon receiving a written request from the applicant
prior to the adjustment expiration date, extend the adjustment for
a period not to exceed one year.
(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1916 § 3
(Exh. B), 2003; Ord. 1917 § 3
(Exh. B), 2003; Ord. 1977 § 2,
2008)
Appeals of Planning Commission decisions shall follow the procedures of Chapter
19.1000 of the Milwaukie Zoning Ordinance.
(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1916 § 3
(Exh. B), 2003; Ord. 1917 § 3
(Exh. B), 2003; Ord. 1965 §§ 2,
3, 2006)