18.56.060 Deviations, variances and appeals.
A. The planning, building and community director may grant up to a 50 percent deviation to the provisions of this sign code related to sign height and sign area. In a petition for a deviation, the planning, building and community director shall have the power and duty to review, decide, grant, grant with conditions or deny the requested deviation. The planning, building and community director may grant a deviation from the provisions of this chapter only when the deviation is within 50 percent of the entitlement and all of the following findings of fact are met:
1. The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and
2. The granting of the requested deviation would not be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity; and
3. The granting of the deviation would not be contrary to the general objective and intent of this chapter, this title, or the comprehensive plan.
B. An applicant requesting an administrative deviation under the provisions of this chapter shall submit the following, along with the required filing fee:
1. A letter in memorandum format outlining how the request is consistent with the criteria of this subsection.
2. A site plan that accurately drawn to an engineered scale of one inch equals 40 feet, one inch equals 20 feet or one inch equals 10 feet that includes the following information:
a. Boundaries and dimensions of the site;
b. Location of buildings, parking areas and adjacent streets;
c. Graphic representations of all existing signs including their size, height and placement on the site;
d. Graphic representation of the proposed sign(s) subject to the request;
e. Building elevation showing the placement of the sign on that elevation, if applicable.
C. The action of the planning, building and community director rejecting, approving or modifying any decision or application is a final administrative decision subject to appeal to the city’s hearing examiner. Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 18.70.050.
D. The planning, building and community director shall render a written decision on the requested deviation request within seven business days of submittal of all required elements and filing fee.
E. Requests that exceed the 50 percent deviation or those not related to allowable sign height or sign area shall be processed as a variance in accordance with ACC 18.70.010.
F. The planning, building and community director may allow for the repair or replacement of nonconforming signs that have a significant historical or cultural element or are integral components of a building roof or facade that has a significant historical or cultural element to which the sign is a contributing component. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.)