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(a) Except as provided in section 59-A-4.41(b)(2), within 3 days after the filing of a petition for a special exception or variance, the applicant must erect a sign, furnished by the Board or the Hearing Examiner, on the subject property within 10 feet of the boundary line of each public road which abuts the property and, if no public road abuts the property, then facing in a manner most readily visible to the public. If the land does not abut a public road, then in addition to a sign placed on the property, a sign must be placed within 10 feet of the right-of-way of the nearest most traveled public road. However, if the owner of the property abutting the nearest most traveled public road does not permit the posting of the sign, and the applicant files an affidavit stating that fact, then a sign must be posted as the Board or Hearing Examiner directs.
(b) The sign must be erected so that the bottom of the sign is at least 2 ½ feet from the ground. The sign must be of such material and color or colors as the Board or Department specifies, with the height and width of not less than 2 and 3 feet, respectively, and must contain in conspicuous lettering not less than 4 inches in height, the telephone number of the Board and the words:
SPECIAL EXCEPTION PENDING FOR
(1)
_____________________________________
BOARD OF APPEALS HEARING CASE NO.
(2) _____________________________________
(PENDING)
VARIANCE PENDING FOR
(1) _____________________________________
BOARD OF APPEALS HEARING CASE NO.
(2) _____________________________________
(PENDING)
The blank no. (1) must be filled in with the specific request for either a special exception or variance as specified in the application. The blank no. (2) must be filled in by the assigned case number. If the subject property lies within more than one block as shown on a deed or plat recorded in the land records of the County, then a sign must be erected by the applicant on the land in each such block. At the hearing, it is the duty of the applicant to certify by affidavit that the provisions of this section have been complied with and the sign or other posting has been continuously maintained up to the time of hearing.
(c) It is unlawful for any person, except the applicant or the Department or an authorized agent of either, to remove or tamper with any sign during the period it is required to be maintained under this section.
(d) Additional requirements regarding such signs, including deposits for signs, refunds of deposits and removal of signs, must be as specified by the Board in its rules of procedure.