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4.3 Application and Appeal Procedure for Signs
Administrative sign permits.
A. Permit applicability.
1. An applicant for a Sign Permit must submit the application to the Planning Director or designee.
2. All signs erected or installed in the City of Bee Cave or its ETJ require a Sign Permit, other than those exempted in § 4.1.3: Exempt signage.
3. A Sign Permit may be used to authorize multiple signs on a single property; however, each of the signs must comply fully with the requirements of this ARTICLE 4: Sign Regulations and the City's requirements for detail drawings and technical specifications.
4. The Sign Permit must be issued before work begins to install the sign.
B. Complete permit and fee required.
1. All signs that require a permit in Section 4.3: Application and Appeal Procedure are subject to a permit fee. The amount of the fee is consistent with the City's Fee Schedule.
2. The applicant must submit a complete permit application before the City will issue a Sign Permit.
3. Incomplete permit applications will not be accepted or issued a permit. Information in the application that changes before the construction on the sign must be updated on the permit and approved by the Planning Director.
4. No Sign Permit may be issued for a proposed sign unless the sign complies with the requirements of this ARTICLE 4: Sign Regulations.
C. Process to issue sign permit.
1. Within ten (10) calendar days of receiving an application for a Sign Permit, the Planning Director will review the application for completeness.
2. If the Planning Director finds that the application is incomplete, the Planning Director will send to the applicant a notice of the specific issues or deficiencies that prevent the Planning Director from issuing the permit, with citations to applicable portions of this ARTICLE 4: Sign Regulations.
(i) The application will remain valid for 45 calendar days. If the applicant does not submit all required information within 45 days of the original submittal date of the permit, the permit is void and a new permit is required unless the Planning Director approves a written request for extension.
3. If the Planning Director finds that the application is complete, the Planning Director will:
(i) Approve the Sign Permit if the proposed sign(s) conform to the requirements of this ARTICLE 4: Sign Regulations;
(ii) Deny the sign permit if the proposed sign(s) do not conform to the requirements of this ARTICLE 4: Sign Regulations, with citations to applicable portions of this Article 4;
(iii) If a Sign Permit is denied, the applicant may appeal the decision in writing no later than ten (10) calendar days after the Planning Director issues notice (see subsection 4.3.2).
4. Once the Planning Director has approved a Sign Permit, the applicant must erect or install the sign within 180 calendar days in accordance with the approved permit. If construction has not been completed within 180 calendar days, the permit is void and a new permit is required unless the Planning Director approves a written request for extension.
D. Inspection required.
1. The Planning Director may inspect the sign at any time during construction.
2. At least one inspection is required before the Permit can be closed.
(i) If construction is complete and the sign is in full compliance with the requirements of this ARTICLE 4: Sign Regulations, the Planning Director will issue a Certificate of Inspection and Compliance.
(ii) If construction is complete but the sign is not in full compliance with the requirements of this ARTICLE 4: Sign Regulations, the Planning Director will notify the applicant within ten (10) calendar days of the specific issues or deficiencies that prevent the Planning Director from issuing a Certificate of Inspection and Compliance.
(iii) The applicant must address each deficiency no later than thirty (30) calendar days after the Planning Director issues notice. If any deficiencies remain after thirty (30) days, the City will hold the applicant and property owner in violation and the sign will be subject to abatement proceedings, including removal of the sign at the expense of the property owner (see § 4.4.1: Violation and enforcement).
(iv) For a Sign Permit authorizing multiple signs, the Planning Director may issue a partial Certificate of Inspection and Compliance for individual signs as they are completed.
E. Permit extension.
1. The applicant may apply for an extension of an unexpired permit if the applicant is unable to begin construction of the sign, subject to the following:
(i) The City may apply an additional fee to a permit extension.
(ii) An extension may not exceed 180 calendar days.
2. If an extension is denied, the applicant may appeal the decision in writing no later than ten (10) calendar days after the Planning Director issues notice (see § 4.3.2: Appeal of administrative decision).
Appeal of administrative decision.
A. An applicant who appeals the decision of the Planning Director must file written notice of the appeal within ten (10) calendar days of receiving notice of the decision.
B. Upon receiving the appeal, the Planning Director will place the appeal on the next available Council agenda for consideration.
C. The City Council may act to uphold, reverse, or modify the decision of the Planning Director.
Waivers to sign code.
A. The City Council may approve a waiver request that affects a single proposed sign if the sign is a type authorized in § UDC-4.2.2D and if the request and the proposed sign meet the following conditions:
1. The request is due to a hardship related to the shape or natural topography of the property the sign sit on, or related to the topography of an abutting property, if these features cause a conforming sign authorized in § UDC-4.2.2D to be obscured from view of a public street; and
2. Granting the request will not authorize a sign that exceeds 25% of the maximum letter size, area, height, width, or spacing allowed for a conforming sign in § UDC-4.2.2D; and
3. Granting the request will not authorize a sign within a public or private right-of-way or easement or that creates a hazard to vehicles or pedestrians; and
4. Granting the request does not authorize a type of sign prohibited in § 4.2.1: Prohibited signs or not authorized in § UDC-4.2.2D.
B. No later than forty-five (45) calendar days after the applicant submits a complete waiver application, the Planning Director will place the request on the agenda of a regular meeting of the City Council.
C. The City Council will consider the request and take one of the following actions:
1. Approve the request based on the following findings:
(i) There are special circumstances applying to the land that cause a substantially detrimental effect on the visibility of signage authorized in subsection 4.2.2.D, and that such conditions are unique to the property and not commonly found in other properties in the same zoning district; and
(ii) That the special circumstances exist through no fault of the applicant; and
(iii) That granting the waiver will be in harmony with the purpose of this ARTICLE 4: Sign Regulations and the UDC; and
(iv) That granting the waiver will not infringe on the right of other property owners; and
(v) That the waiver is the minimum necessary to provide the applicant relief from the requirements of § UDC-4.2.2D; and
(vi) That granting the waiver will not authorize a sign that is prohibited in § 4.2.1: Prohibited signs.
2. Deny the request based on one or more findings listed in § UDC-4.3.3C.1 not being met.
D. The minimum variance necessary is the smallest degree of variance that will provide the applicant relief. For example, if a 5% area variance will eliminate the hardship to the applicant, the applicant may not request, and the City Council may not grant, a 25% variance.
E. Before making its decision, the City Council must allow the applicant to present evidence in favor of the request.
F. In making its decision, the City Council may impose any conditions necessary to secure the public interest and welfare.
G. The City Council may not grant a variance related to a Temporary Sign (see § UDC-4.2.2C).
H. The City Council's decision shall be final.