§ 606. Sign Standard Adjustments.

Adjustments as specified in this section may be permitted subject to the criteria set forth below. Applications for adjustments shall be reviewed and considered for approval without regard to the content of the signs.

606.1.   Purpose and Applicability.

The sign regulations are designed to avoid an environment that encourages visual blight while protecting and promoting the aesthetic environment of the unincorporated area of Manatee County. These regulations apply over a wide area but because of the County's diversity of development types, some sites may be difficult to develop in compliance with these regulations. The adjustment review process provides a mechanism by which the regulations of this section may be modified if the proposed signs continue to meet the intended purpose of the sign regulations with the submission of master sign plans. Adjustments provide flexibility for unusual situations and allow for alternative ways to meet the purposes of this Code while providing certainty and the efficient processing of land use applications. Each adjustment shall be considered unique and shall not set a precedent for others.

606.2.   Sign Standards Eligible for Adjustments.

Adjustments shall be limited solely to the size, number, height, or setback of a sign. Additionally, adjustments may be granted for locations only for on-site signs. No other adjustments to any other requirements of this Code are permitted. No adjustments shall be granted for the following items:

A.

Changes in permitted types of signs.

B.

Adjustments which permit building-mounted signs to extend above the roof line.

C.

Adjustments which permit a sign to be located in a visibility triangle.

D.

Adjustments which permit a prohibited sign.

E.

Adjustments shall not allow any sign in off-site advertising sign-free areas as described in Section 611.

606.3.   Application Requirements.

The application for an adjustment shall be accompanied by a master sign plan and documentation that establishes how the applicant meets the requirements of this Section. The master sign plan is intended to produce a coordinated and complimentary graphic image that achieves consistency and harmony among signs. For a master sign plan to be considered, the property must be developed and remain in unified control and must have a minimum combined street frontage of one thousand (1,000) feet or more. The master sign plan shall provide at least the following elements:

A.

An elevation plan, drawn to scale, depicting all signs placed or to be placed on the buildings on the parcel.

B.

A site plan, drawn to scale, indicating the location of all freestanding signs erected or to be erected on the parcel, including setbacks.

C.

A scale drawing of all freestanding signs depicting the sign type, sign number, sign setback, height, dimensions and sign area, including the sign structures.

D.

For directory signs or other signs providing for more than one (1) tenant, the amount of sign area allocated for each tenant shall be indicated.

E.

The types of illumination to be used for each type of sign.

F.

A section addressing the process for approval of changes to the master sign plan.

G.

A statement that "Any proposed sign by any tenant that creates a uniform change from the approved Master Sign Plan will require the applicant to obtain a statement from the property owner or manager's designated reviewer assessing the extent to which the variation is in keeping with the intent and goals of the Master Sign Plan."

606.4.   Adjustments—Administratively Approved.

The Department Director is authorized to grant adjustments administratively and the criteria by which adjustments are considered shall not be interpreted to regulate signage based upon sign content. The Department Director shall review the application for the adjustment and master sign plan and may request comments of members of the development review committee (DRC). The adjustments which may be administratively approved are as follows:

A.

The request of the adjustment would not result in a reduction of a code requirement or an increase in a code limitation by more than twenty (20) percent regarding sign height, sign setback, sign size, number of signs or sign location (on-site). Provided, however, once the administratively approved adjustments for either sign area, height or number of signs cumulatively exceed twenty (20) percent of the applicable sign standard for a specific sign or signs, then approval of any further adjustments to any one (1) or more of the above standards may only be granted by the Hearing Officer.

B.

Adjustment would not result in a sign otherwise prohibited by this Code.

C.

Adjustment requests are limited to on-site signs when necessary to clear obstruction or interference by excessive grades, buildings, bridges, trees and the like provided that all the other requirements of this Code are met.

D.

Simultaneously, with the approval of the adjustments requested the Department Director shall also consider approval of the master sign plan provided the master sign plan provides that signs of a similar type and function within the development meet the following criteria:

1.

The proposed signs provide a consistent shape or theme and such review shall be performed without regard to the content of the sign;

2.

The proposed signs use a consistent style and type of illumination; and

3.

Any proposed building signs are mounted in a consistent location on the building.

4.

The master sign plan provides for uniformity of proportions of tenant signs.

5.

The plans depict sign foundation landscape improvements.

606.5.   Amendments to Approved Master Sign Plan.

After approval of a master sign plan, no sign shall be erected, placed, painted or maintained, except in conformance with such plan or provided that the plan is amended. All changes, except as provided in this Section, to an existing master sign plan shall require a formal application with all required information as determined by the Department Director to enable the staff to properly evaluate the requested change in accordance with the above criteria.

606.6.   Hearing Officer Authority—Adjustments.

The determination of the Department Director to grant, grant with modifications or deny an adjustment is appealable to the Hearing Officer in accordance with the requirements of this Code. The Hearing Officer shall conduct a de novo public hearing to hear applications for adjustments requesting a reduction of a Code requirement or an increase in a Code limitation by more than twenty (20) percent regarding sign height, sign size, number of signs or sign location (on-site). The Hearing Officer shall also have the authority to hear appeals from determinations of the Department Director regarding the granting, granting with modifications or denial of adjustments administratively. The proceedings for the Hearing Officer shall be advertised and conducted in accordance with the procedures in this Code. A sign which requires an adjustment shall be subject to individual review of its location, design, configuration, operation and the particular location proposed to assure consistency with this Code and the Comprehensive Plan. Each adjustment may require the imposition of individualized conditions to achieve such consistency.

The Hearing Officer shall review the proposed adjustment, shall consider the written staff analysis and the testimony at the public hearing, and shall grant, grant with conditions or deny the application. The request for an adjustment shall not subject the entire application for development approval to a public hearing unless otherwise required by this Code, but only that portion necessary to rule on the issue under consideration.

The Hearing Officer shall make findings that the criteria of these regulations have or have not been satisfied by the applicant.

The action by the Hearing Officer to grant an adjustment or to grant an adjustment with conditions or safeguards shall be documented in the form of a resolution containing a legal description of the property to which the adjustment applies, together with the terms of the adjustment and any additional conditions or safeguards imposed.

606.7.   Conditions.

In granting any adjustment, the Department Director or the Hearing Officer shall prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the adjustment is granted, shall be deemed a violation of this Code.

606.8.   Amendments.

An adjustment may be amended only by following the procedures in this Section.