Sec. 391.098. VARIANCES. (a) The commission shall authorize the director to grant variances, on a case-by-case basis, to the eligibility, location, or placement of specific logo signs and major shopping area guide signs, including the highways along which a sign may be located. The commission may adopt rules prescribing conditions or guidelines the director should or must consider when determining whether to grant a variance. (b) The director may grant a variance if the director determines that: (1) the variance would promote traffic safety; (2) the variance would improve traffic flow; (3) an overpass, highway sign, or other highway structure unduly obstructs the visibility of an existing commercial sign; or (4) the variance would satisfy other conditions or guidelines prescribed by commission rules authorizing the granting of variances. (c) The director may not grant a variance to the requirements of this subchapter regarding supports, content, or composition of signs. (d) In this section, "director" means the director or the director's designee.
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