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.
(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)