(A) Sign Code Board of Adjustment. The Planning and Zoning Board is hereby designated as the Sign Code Board of Adjustment, and is authorized to consider variances from the requirements of § 6 of this sign code in specific cases where such variances will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this sign code would result in unnecessary hardship. No action of the Board shall be valid or binding unless adopted by the affirmative vote of three or more members of the Board. A written application for a variance to the requirements of § 6 of this sign code shall be filed with the city.
(1) In applying the standards contained in the previous paragraph, the Sign Code Board of Adjustment shall make affirmative findings of fact on each of the following:
(a) a unique condition or circumstance exists which is peculiar to the sign involved, which is not applicable to other signs; and
(b) a literal interpretation of the provisions of § 6 of this sign code would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; and
(c) the unique conditions or circumstances do not result from self-imposed actions of the applicant; and
(d) the granting of the variance requested will not confer on the applicant any special privilege that is denied by the provisions of § 6 of this sign code to others under similar conditions; and
(e) non-conforming signs, illegal signs or other sign variances on neighboring lands are not the basis for the issuance of the variance; and
(f) the variance granted is the minimum variance that will make possible the reasonable use of the sign; and
(g) the granting of the variance will be in harmony with the general intent and purpose of § 6 of this sign code, will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2) Conditions on variances. In granting any variance, the Sign Code Board of Adjustment may prescribe appropriate conditions. Violations of such conditions, when made a part of the terms under which the variance is granted, are a violation of this sign code.
(3) Appeals from Sign Code Board of Adjustment. Any person aggrieved by a final decision of the Sign Code Board of Adjustment may, within thirty (30) days of rendition of the final order, appeal by certiorari to the Circuit Court of Seminole County.
(4) Time limit. Any variance granted by the Sign Code Board of Adjustment shall expire one year after being granted unless a sign permit based upon and incorporating the variance is approved.
(Ord. 1029, passed 10-4-01)