18.70.180 Variances.
(1) The planning commission may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of a prohibited sign or other sign not authorized within the zone in which the proposed sign would be located. In granting a variance, the city may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this chapter.
(2) Criteria. No variance shall be granted unless it can be shown that all of the following conditions exist:
(a) Strict application of the specific code requirement would deny the applicant a reasonable opportunity to communicate by sign in a manner similar to like persons or uses because of an unusual or unique circumstance relating to the property or the proposal, such as site or building location, building design, physical features on the property, or some other circumstance.
(b) The sign which would result from the variance will not affect the surrounding neighborhood or other property affected by the request in a manner materially inconsistent with the purpose and intent of this chapter as stated in NBCC 18.70.020 and 18.70.030.
(c) The degree of the variance is limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstance identified pursuant to subsection (2)(a) of this section.
(3) Procedures. The procedures to be followed in applying for and acting on a variance shall be substantially the same as those provided in Chapter 18.60 NBCC.
(4) Time Limits. Authorization of a variance to this chapter shall be void after six months unless a sign permit has been issued and substantial construction has taken place. The planning commission may extend authorization of the variance for an additional six months upon the written request of the applicant submitted to the planning department prior to the initial six-month expiration period. (Ord. 2061 § 1, 2022)