(A) Appeals without petition for variance. In appeals to the Board from decision of the Administrator denying a sign permit in connection with which no petition for variance has been filed, the Board's scope of review shall be limited to determining whether or not the Administrator's decision is in accordance with the requirements of this chapter and accordingly, affirm or reverse his decision. No variance from the requirements of this chapter shall be granted or allowed. If the Administrator's decision is reversed, the Board shall direct the Administrator to issue the permit in accordance with its decision. If the Administrator fails to do so for five days from receipt of the direction from the Board, the Board may issue the permit. In appeals from failure of the Administrator to grant a permit within 30 days of application, the Board shall determine whether the sign and the application meet the requirements of this chapter. If so, the Board shall grant the permit; if not, the Board shall deny the permit. No variance from the requirements of this chapter shall be granted or allowed.
(B) Appeals with petition or variance. In appeals from decision of the Administrator denying or refusing to grant a sign permit in connection with which the appealing party or any other interested party has filed a petition for variance, the Board shall have the power and duty to hear, decide, and grant or deny the requested variance from the provisions or requirements of this chapter. The Board may grant a variance from the provisions or requirements of this chapter only where:
(1) The literal interpretation and strict application of the provisions and requirements of this chapter would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or parcel of property in question; and
(2) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity; and
(3) The unusual conditions applying to the specific property do not apply generally to other properties in the city; and
(4) The granting of the variance will not be contrary to the general objective of this chapter of moderating the size, number, and obtrusive placement of signs and the reduction of clutter.
(C) Where there is insufficient evidence, in the opinion of the Board, to support a finding of undue and unnecessary hardship under division (A) above, but some hardship does exist, the Board may consider the requirement fulfilled if the proposed signing is of particularly good design and in particularly good taste, and the entire site has been or will be particularly well landscaped. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this chapter in the public interest.
(Ord. 81-0-8, passed 4-21-81)