(a) Appeals. The Board of Appeals shall be authorized to hear appeals from decisions of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or Building Inspector. Appeals may be taken within 30 days of issuance of written notice of a determination of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or Building Inspector.
(b) Special exceptions.
(1) Applicability and procedure. Following submittal of a complete special exception application, the Plan Commission may grant a special exception to one or more requirements in this article. The application requirements and procedure for, and other requirements associated with, a special exception shall be the same as those for a conditional use permit under § 13-1-125, except as follows.
a. The application for special exception shall also include materials required to obtain a sign permit under § 13-1-96.
b. The criteria for consideration of a special exception shall be those in subsection (b)(2) below.
(2) Criteria. No special exception shall be granted unless the Plan Commission finds that the sign(s) authorized thereby, as limited by an enforceable condition, will meet all of the following criteria.
a. Consistent with the purpose and intent of this chapter and this section.
b. Not negatively affecting the reasonable use and development of nearby properties of the community.
c. Compatible with existing signage on and visible from the subject site and not significantly exceeding the height, area, or quantity of such existing signage.
d. Proportional with the scale of the subject site and the building(s) and use(s) on the subject site to which the sign relates or advertises.
e. Not hazardous, harmful, or otherwise adverse to the natural environment and aesthetic value of the site, nearby properties, and the community.
f. Not negatively affect the safe and efficient installation, use, and maintenance of public facilities serving the area, including, but not limited to, roadways, sidewalks and paths, and utilities.
g. Supported by evidence that normally applicable requirements do not provide for sufficient visibility for the proposed signage or use(s) it advertises, such as a highway visibility study for freestanding signage that exceeds normally applicable height or area requirements.
(Ord. passed 1-18-2021)