(A) Zoning Board of Appeals. The Zoning Board of Appeals shall serve as the “Board of Sign Appeals.”
(B) Meetings. All sign appeals shall be considered at the ordered meeting of the Zoning Board of Appeals.
(C) Powers.
(1) The Zoning Board of Appeals shall have the following powers in regard to sign appeals:
(a) The Board shall have power to hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, interpretation or determination made by the City Manager or any other administrative official, in connection with the enforcement of this chapter.
(b) The Board shall have power to authorize a variance from the strict application of this chapter, where such application will result in practical difficulties or unnecessary hardships to the person owning or having the beneficial use of the property or sign for which a variance is sought.
(c) The Board shall have the power to hear and decide on special approval or waiver situations on which this chapter specifically authorizes the Board to pass. Any variance, special approval or waiver shall be subject to such conditions as the Board may require to preserve and promote the purpose of this chapter.
(2) Prior to the granting of an appeal or of a variance by the Board, the City Manager shall be given a reasonable opportunity to study the appeal or request for variances and to make recommendation thereon to the Board. The concurring vote of four members shall be necessary to reverse or modify any order, requirement, decision or determination of the City Manager, or any other administrative official, or to grant any variance from the strict application of this chapter.
(D) Application of the variance power. A variance may be allowed by the Board only in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal supports all the following affirmative findings:
(1) That the alleged hardships or practical difficulties, or both, are peculiar to the property of the person requesting the variance and result from conditions which do not exist generally throughout the city;
(2) Because of special conditions applicable to the sign, building or property in question, the provisions of this section, if strictly applied, would result in unnecessary hardship; and,
(3) The granting of an exception would not be contrary to the public health, safety and welfare; and,
(4) The granting of an exception would result in substantial justice to the property owner, the owners of the property in the area and the general public.
(E) Appeals procedure.
(1) Appeals shall be commenced by a person filing a notice of appeal with the City Manager, on a form to be supplied by the City Manager, accompanied by an appeal fee in an amount as set by the Council from time to time. The notice of appeal shall be signed. It shall also specify the requirements from which a variance is sought and the nature and extent of such variance.
(2) The Board shall fix a reasonable time for the hearing of appeals and, in the case of variance requests, shall give due notice thereof to all the owners of record of real property within 300 feet of the premises in question, such notice to be delivered by mail addressed to the respective owners at the address given in the last assessment roll.
(Ord. passed 6-14-88)