18.55.100 Sign variances.
(1) Approval Required. A variance may be granted from the strict application of the regulations in this chapter that apply to:
(a) Sign placement on a parcel or building frontage;
(b) Sign area; or
(c) Sign height, as regulated in this chapter.
A variance may not be granted to allow any prohibited signs or prohibited sign features, as included in CMC 18.55.050, or for any other purpose not listed in this subsection (1).
(2) Review Type. Sign variances under this section shall be processed as a Type II land use decision pursuant to the procedures as set forth in Chapter 14.30 CMC, as amended.
(3) Need for Sign Permit – Consolidation of Processing. A sign variance application may be submitted before or concurrent with the associated sign permit application. No sign permit application requiring a variance for issuance will be processed without a sign variance application.
(4) Application Requirements. A complete sign variance application shall consist of the following:
(a) Application Form. A completed sign variance application on a form provided by the City. If the applicant is not the property owner, then the property owner must be identified and the application must include an affidavit from the property owner verifying that the property owner has given permission to the applicant for the submission of the sign variance application and for the installation/posting of the sign on the property owner’s property.
(b) Sign Permit Application. A sign permit application pursuant to CMC 18.55.090; provided, that the applicant may submit a variance application without a sign permit application as provided in subsection (3) of this section.
(c) A narrative report which describes the requested variance in detail. The report shall identify all sections of this chapter from which the applicant is requesting a variance, as well as the nature and extent of the variance.
(d) The narrative report shall also include the applicant’s description of the manner in which the sign variance satisfies all the variance criteria in subsection (5) of this section.
(e) Fees. The applicable permit application fee, pursuant to the City’s current fee schedule in effect at the time of application, shall be paid upon submission of the variance application.
(5) Criteria for Approval. To approve any sign variance, the Director must make written findings to show that all the following criteria have been met. The Director may impose conditions or restrictions to ensure that a requested variance will conform to the required findings.
(a) The strict enforcement of the provisions of this chapter creates an unnecessary hardship to the property or business owner; and
(b) The sign variance is necessary due to special circumstances, preexisting conditions of the building or lot caused by the unique size, shape, layout, or topography; and
(c) The sign will not create a health or safety hazard; and
(d) The sign will not violate any State statute or any City Code provision (other than the provisions identified in this chapter relating to signs); and
(e) The sign will not negatively affect adjacent property, the general public, or businesses; and
(f) The sign will be in keeping with the general character of the surrounding area and the granting of the variance would not result in an alteration of the essential character of the surrounding area and minimize view obstruction; and
(g) The proposed variance is consistent with the purposes and intent of the zoning code and the purposes of this chapter; and
(h) The proposed variance is the minimum necessary to grant relief to the applicant; and
(i) The applicant has established that there are practical difficulties in complying with the provision(s) of this chapter and that the proposed sign is a reasonable use of the property (economic considerations alone do not constitute practical difficulties); and
(j) The plight of the applicant is due to circumstances unique to the property, which were not created by the applicant or landowner; and
(k) The variance will not permit any sign or use that is not allowed in the zoning district where the affected land is located, nor will it allow any sign or sign feature prohibited under CMC 18.55.050.
(6) Notice of Final Decision. The Director shall issue a notice of decision incorporating the decision on the variance application not more than 120 days after issuance of the determination of complete application.
(7) Expiration of Variance. If the sign variance is approved, the sign identified in the variance must be installed within 180 days or the variance will expire. No sign may be erected if there is no sign permit for the sign, or if the variance or the sign permit has expired. (Ord. 08-18 § 2 (Exh. A))