§ 142-6. Criteria for Variances.

(a)

Purpose. The purpose of this section is to establish authority, procedures, and standards for the granting of variances from certain requirements of this chapter.

(b)

Administrative variances. The Planning Director is authorized to grant administrative variances to the maximum area per face requirements set forth in Section 142-4(c)(1)i. for ground-mounted signs that accommodate more than a single user (i.e. tenant, business, organization).

(1)

Application. An application shall be submitted to the Planning Director on a form approved by the Planning and Environmental Resources Department.

(2)

Standards. The Planning Director shall grant an administrative variance to the maximum area per face requirements for ground-mounted signs that accommodate more than a single user only if the applicant demonstrates that all of the following standards are met:

a.

The granting of the administrative variance shall not be materially detrimental to other property owners in the immediate vicinity;

b.

The administrative variance shall be the minimum necessary to provide relief to the applicant;

c.

Each user shall be permitted only a single identification sign per each face/side of the ground-mounted sign;

d.

The area of each user's identification sign shall not exceed 100 square feet per each face/side of the ground-mounted sign;

e.

The total maximum area per face for the ground-mounted sign shall not exceed 400 square feet in area unless a variance is granted by the Planning Commission in accordance with Section 142-6(c);

f.

The total face area for the ground-mounted sign shall not exceed 800 square feet on double-sided signs unless a variance is granted by the Planning Commission in accordance with Section 142-6(c);

g.

Such a ground-mounted sign shall not be constructed within 40 linear feet of another ground-mounted sign; and

h.

The sign shall be designed in accordance with the size of lettering guidelines set forth in Section 142-9.

(3)

Procedures. The Planning Director shall determine if an application complies with the standards of Section 142-6(b)(2) within 60 days of the Planning and Environmental Resources Department's receipt of a complete application. If the Planning Director determines that the application complies with the standards, the Planning and Environmental Resources Department shall carry out public notification in accordance with 142-6(b)(4). If the Planning Director determined that the application does not comply with the standards, the Planning Director shall issue a written decision of denial to the applicant.

(4)

Surrounding property owner notification of application. Only after determining that an application for a variance complies with the standards, the Planning Director shall provide written notice by regular mail to owners of real property located within 300 feet of the property that is the subject of the application. The notice shall provide a brief description of the proposed administrative variance and indicate where the application may be examined. The cost of providing notice shall be borne by the applicant.

(5)

Decision by the Planning Director. After 30 days of the date in which the written notification was sent per Section 142-6(b)(4), the Planning Director shall review of all public responses to the application. Upon a finding that the application has or has not complied with the requirements and standards of this section, the Planning Director shall issue a written administrative variance decision.

(6)

Public hearing by the Planning Commission. If requested in writing by the applicant, or an adversely affected owner or resident of real property located in the county during the required 30-day notification period, a public hearing shall be scheduled on the application. All costs of the public hearing shall be the responsibility of the applicant for the administrative variance. The public hearing shall be conducted and noticed in accordance with Section 110-5.

(c)

Variances granted by the Planning Commission. The Planning Commission is authorized to grant variances to this chapter.

(1)

Application. An application shall be submitted to the Planning Director on a form approved by the Planning and Environmental Resources Department.

(2)

Standards. The Planning Commission shall grant a variance only if the applicant demonstrates that all of the following standards are met:

a.

The literal interpretation and strict application of the provision and requirements of this chapter would cause undue and unnecessary hardship to the sign owner because of unique or unusual conditions pertaining to the specific building or parcel or property in question;

b.

The granting of the requested variance would not be materially detrimental to the property owners in the immediate vicinity;

c.

The unusual conditions applying to the specific property do not apply generally to other properties in the unincorporated county;

d.

The granting of the variance will not be contrary to the general objective of this chapter of moderating the size, number and obtrusive placement of signs and the reduction of clutter;

e.

The variance is not requested solely on the basis of economic hardship of the sign user;

f.

The variance shall be the minimum necessary to provide relief to the applicant; and

g.

The variance shall not permit a sign expressly prohibited in Section 142-3(b).

(3)

Procedures. The Planning Director shall determine if an application is complete. Within 60 days of the Planning and Environmental Resources Department's receipt of a complete application, the Planning Department shall schedule the application for review and decision by the Planning Commission. The Planning Director shall review the entire application and all public responses thereto and prepare a staff report with recommendations for the Planning Commission. The application shall be heard at a regularly scheduled meeting of the Planning Commission. Notice, posting and hearing requirements shall be in accordance with Section 110-5.

(4)

Decision by the Planning Commission. Within 30 days of the date of the public hearing, upon a finding that the application has or has not complied with the requirements and standards of this section, the Planning Commission shall issue a written variance decision.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)