A. If the proposed sign or advertising structure is to be located on property where such sign or advertising structure is not permitted under the zoning ordinance of the city, but otherwise meets all requirements of this chapter, the board of adjustment shall have authority after a public hearing, as hereinafter set forth, to permit the erection of such sign or advertising structure if such sign does not adversely affect abutting property owners.
1. Before any permit is issued for the erection of any sign or advertising structure in the instance described in this subsection A, the building inspection department shall require the applicant to furnish a certified list of the names and addresses of the owners and occupants of all property abutting the tract proposed for such sign or advertising structure. The city clerk shall set a date for hearing on the application before the board of adjustment and cause notice of the time and place of the hearing to be given by mailing to the abutting property owners. The notice shall be mailed at least twenty one (21) days before the hearing; and
2. At such hearing, and prior to the issuance or denial of the permit, the board of adjustment shall take into consideration the proximity of any homes or building and ascertain whether such sign or advertising structure would be injurious to the neighborhood, would interfere with the enjoyment of abutting property and would be in harmony with the general purposes of this chapter. The decision of the board of adjustment shall be in writing.
B. Any person aggrieved by the decision of the board of adjustment's issuance of the permit prescribed in subsection A of this section, may appeal to the district court.
C. The permit, if approved, will be for a period of six (6) months only and shall provide that it may be revoked at any time thereafter by the board of adjustment and the applicant shall agree to remove same within ten (10) days after the permit is revoked. (Ord. 104, 7-21-1983)