A variance from the terms of this chapter as to height, area, location, duration or number of signs may be granted by the Town Council when not contrary to public interest and where owing to conditions peculiar to the property, lot of record or structure where the sign will be located and not the result of the actions of the applicant, prior to filing of the variance application, a literal enforcement of the ordinance would result in unnecessary and undue hardship. Additionally, a waiver from the terms of this chapter as to height, area, location, duration or number of signs may be granted by the Town Council if it is determined by legal counsel for the town that the current applicable regulation violates the First Amendment to the United States Constitution. Such a waiver request shall be made directly to the Town Council and upon receipt of such a request the matter shall be placed on the next available Town Council agenda. In the event that the matter can not be placed on the next available agenda for any reason, the Town Mayor in consultation with the Town Attorney may grant the requested waiver or some variation of it.
(2000 Code, § 54-81) (Ord. 83-3, passed 8-9-1983; Ord. 2016-02, passed 4-26-2016)