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An applicant for a sign permit or a permit holder may appeal any order, requirement, decision, or determination made by the Zoning Administrator/Building Official in the enforcement of this subchapter, by filing a letter of appeal with the Zoning Administrator, requesting a hearing before the Planning Commission and the City Council. The Planning Commission shall make a recommendation to the City Council regarding the appeal, and the City Council shall decide all such appeals.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
The Planning Commission shall hear and make recommendations to the City Council on all requests for variances. The City Council shall decide all requests for variances from the literal provisions of this subchapter. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so.
(A) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to their property and/or structures.
(B) The variance is necessary for the preservation of substantial property rights of the applicant.
(C) Under the circumstances of the particular situation, the variance will not adversely affect the health, safety, or general welfare of residents of the surrounding area or of the community as a whole.
(D) The variance will not conflict with the Comprehensive Plan.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
The owner of any sign otherwise allowed by this subchapter may substitute a non-commercial speech sign in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
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