9.50.150 Adjustment to Standards

9.50.150 Adjustment to Standards.

A. Purpose. This section is intended to provide for flexibility to specific criteria of the Sign Code in order to allow for creativity in sign location and design relative to the particular topography and/or building architecture where a sign otherwise complies with the provisions of this code in all respects except size, height, location or other numeric standards. This chapter provides uniform procedures for the granting or denial of applications for an adjustment to standards.

B. Applicability. Adjustment of up to 25 percent may be approved by the Community Development Director to each of the specific numeric standards in this code that regulate the following:

1. Wall Sign Location. Increase the maximum height on which a sign may be installed on a building wall.

2. Sign Dimension and Area. Increase the maximum allowed size of individual signs or of the total allowed building sign area.

3. Sign Height. Increase the maximum allowed height of on-site ground, monument or pole signs, or of building or wall signs.

4. Other numeric standards in this code except where an exception is expressly prohibited.

5. Legal Nonconforming Signs. Allowing legal nonconforming on-site pole, ground or monument signs to be structurally altered at their existing base or pole structure location; provided, that the extent of nonconforming sign height or sign size is reduced.

C. Application Requirements. Applicants for a sign permit may seek an adjustment to the standards of this chapter by filing an application for an adjustment to standards. The application shall contain information as specified on the application form and shall be accompanied by the required fee.

D. Approval Process. An adjustment to standards is reviewed under the Type II procedure contained in the Bend Development Code. If the adjustment to standards is denied, a party may appeal the decision to the Bend Planning Commission in accordance with the appeals section of the Bend Development Code. A request to exceed a numeric standard by more than 25 percent may only be approved through the variance process.

E. Criteria of Approval. The Community Development Director or designee shall review the application and approve, approve with conditions or deny the request. A decision and any conditions placed on the decision shall be in writing. The decision shall include findings demonstrating that all of the following criteria have been met:

a. Unusual conditions associated with the sign location have been identified that interfere with the reasonable visibility of the sign;

b. There are proposed sign design elements that are in scale with and compatible with the landscape, topography, building design and surrounding district but are not otherwise permitted by this code;

2. The request does not create a vision clearance hazard for pedestrians, motor vehicles or bicyclists;

3. The request does not impede public safety or adequate emergency access to the site;

4. The request does not impact public or private easements;

5. The request does not limit solar access standards for abutting properties. In order to meet this criterion, the Director may require that the sign structure be placed as close to the south property line as possible; and

6. The request otherwise complies with the provisions of the Sign Code.

1. If the adjustment to standards involves a setback, the plot plan shall be prepared by an Oregon registered surveyor.

2. Adjustment will not be granted for prohibited signs or to construction and maintenance standards.

3. Approval of an adjustment to standards shall become void if the approved work is not completed within six months of the approval date. [Ord. NS-2154, 2010]