The City Council shall serve and perform the duties of an Appeal Board under the provisions of this section. The Board shall have the following powers and duties:
   (A)   To hear and decide appeals where it is alleged that there is an error in any requirement, order, decision or determination made by the City Manager, Building Official or by any Code Enforcement Officer in the enforcement of this chapter.
   (B)   To authorize upon appeal from the decision of the Building Official or by a Code Enforcement Officer in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, upon adequate proof, it is shown that owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.  For the purpose of this chapter, a variance shall be authorized only when the strict application of the provisions hereof will:
      (1)   Cause real and substantial financial hardship to the sign user; or
      (2)   Result in arbitrary and unreasonable taking of property or in the practical closing or elimination of any lawful business.
(Ord. 2004-2072, passed 12-6-04)