How to ask for a sign rule exception

(a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience, or welfare, the director may grant a request for a variance from any provision of this chapter. (b) If the subject parcel is located in a special district with a design commission, the director shall refer the variance application to the planning director and design commission for their respective comments and recommendations. The planning director and the design commission shall each submit comments and recommendations on the proposed variance within sixty days from the date that the proposed variance is transmitted to the planning director and the design commission. Should either the planning director or the applicable design commission, or both, fail to provide comments or recommendations within the sixty- day review period, the public works director may proceed to act on the variance application as that director deems appropriate. (c) Variance applications shall be submitted upon a form designated by the director and shall include at a minimum, the following information and attachments: (1) The sign owner’s and the property owner’s name, phone number, and mailing address; (2) The location, tax map key number, and zoning of the property upon which the sign is located; (3) A map showing: (A) The location of the sign; and (B) All streets adjacent to the lot or building where the sign is located; (4) A photo or drawing of the relevant sign(s); (5) A citation of the code section from which a variance is requested; (6) A complete copy of any sign permit application or rejection of the sign permit, if any; SUPP. 8 (7-2020) 3-16 SIGNS § 3-22 (7) An explanation of any unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found in most districts, peculiarity of the business, or other special event or circumstance; (8) An explanation of why granting the variance will not adversely affect the rights of adjacent property owners or tenants, including an explanation of alternative measures, if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (9) Notice of the variance application shall be mailed by the applicant to all property owners and tenants within three hundred feet of the affected property. The notice shall designate a public comment period of not less than twenty days from the date of the mailing. The director shall consider proof of service, good faith efforts to serve notice, and any written comments received, as part of the application; (10) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (11) An explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community; (12) If applicable, the planning director’s and design commission’s written comments and recommendations; and (13) Any fee(s), prescribed by this chapter. (d) Upon review of a complete application, the director shall render a final decision, which may be preceded by a preliminary review and recommendation, and may be appealed to the board of appeals. (2004, ord 04-142, sec 2; am 2008, ord 08-3, sec 1; am 2020, ord 20-19, sec 3.)3-22