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A. Scope. This section establishes the procedure and criteria that the city will use in making a decision upon an application for a variance from the provisions of the sign code.

B. Applicability. This section applies to each application for a variance from the provisions of the sign code except as otherwise provided in BCC 22B.10.200 relating to exemptions from the sign amortization program.

C. Purpose. A variance is a mechanism by which the city may grant relief from the provisions of the sign code where practical difficulty renders compliance with the provisions of that code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of that code can be fulfilled.

D. Who May Apply. The property owner or his or her authorized agent may apply for a variance from the provisions of the sign code.

E. Applicable Procedure. The city will process an application for a variance from the provisions of the sign code through Process II, LUC 20.35.200 et seq.

F. Submittal Requirements.

1. The director shall specify the submittal requirements, including type, detail and number of copies, for a variance application to be deemed complete and accepted for filing.

2. The director may waive specific submittal requirements determined to be unnecessary for review of an application.

G. Decision Criteria. The director may approve or approve with modifications an application for a variance from the provisions of the sign code if:

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon signage and uses of other properties in the same vicinity and zone; and

2. Such variance is necessary because of special circumstances, which are not the result of voluntary actions of the applicant, relating to the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the same vicinity and zone; and

3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same vicinity zone; and

4. The variance is the minimum necessary to meet the need of the applicant.

H. Limitation on Authority. The director may not grant a variance to:

1. Any dimensional requirement of the Sign Code to the extent of greater than 15 percent of that dimension. However, additional variation beyond 15 percent on sign location and height may be considered by the director pursuant to the decision criteria of this section;

2. The number of signs permitted;

3. Any provision of the Sign Code which, by the terms of that code, is not subject to a variance.

I. Time Limitation. A variance automatically expires and is void if the applicant fails to file for a sign permit or other necessary development permit within three years of the effective date of the variance. The director may extend a sign variance, not to exceed two years, if:

1. Unforeseen circumstances or conditions necessitate the extension of the variance; and

2. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

3. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and

4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

5. Conditions in the immediate vicinity of the subject property have not changed substantially since the variance was first granted.

J. Assurance Device. The director may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490 to assure compliance with the provisions of the sign code and the variance as approved. (Ord. 5357 § 14, 2002; Ord. 4818 § 18, 1995; Ord. 3683 § 10, 1986.)