2000-08-01 P & Z Agenda - Laserfiche WebLink

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Section 12 :} :'Nlrc U SIGN CODE BOARD OF APPEALS Sec. 12.1. Sign Code Board of Appeals Created There is hereby created a Sign Code Board of Appeals (hereinafter referred to as the "Board") to review decisions of the Administrator, to grant variances from the requirements of this Code. to make suggestions for the amendment of this Code, and to advise the Administrator. Sec. 12.2. Membership of Board The Board shall consist of seven voting members and two non-voting members, all of whom shall be appointed and removable by the council. Each member shall serve without compensa- tion and for a term of three years, or until his successor is appointed after the expiration of his term. First appointees to the Board shall, however, serve staggered terms of: three for 1 year; three for 2 years, and three for 3 years, respectively. Vacancies on the Board shall be filled by appointment of the council for the unexpired term of the vacating member. Sec. 12.3. Identity of Voting Members The seven voting members of the Board shall represent the interests of the city as a whole. No voting member shall be a city employee or have any financial interest in the sign industry. Sec. 12.4. Identity of Non-Voting Members Of the two non-voting members of the Board, one shall be or have been actively employed in or by the sign industry, and the other shall be or have been active in groups or organizations principally interested in environmental beautification or betterment. Sec. 12.5. Board Jurisdiction and Power The Board shall have the power and duty to (a) hear and decide appeals by the sign permit applicant from a decision of the Administrator denying, or failing to grant a sign permit w'lthln 30 days of application; (b) grant variances from the requirements of this Code as part of the disposition of an appeal from action of the Administrator denying or failing to grant a sign permit; (c) hear and decide appeals of a determination by the Administrator thai a sign must be removed for non-compliance with this Code; or (d) make recommendations to the council for changes to this Code; and (e) give advice to the Sign Code Administrator when asked. Sec. 12.6. Criteria for Board D~cision (a) Appeals Without Petition lor Variance. In appeals to the Board from decision of the Ad- ministrator 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 Code and accord- ingly, affirm or reverse his decision. No variance from the requirements of this Code 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 appeais from failure of the Administrator to grant a permit within 30 days of applica- tion, the Board shall determine whether the sign and the application meet the require- ments of this Code. If so, the Board shall grant the permit; if not, the Board shall deny the permit. No variance from the requirements of the Code shaii be granted or aiiowed. (b) Appeals with Petition for 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 48