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

Home Browse Search

, , , , and duty to hear, decide and grant or deny the requested variance from the provisions or requirements of this Code. The Board may grant a variance from the provisions or requirements of this Code only where: (1) The literal interpretation and strict application of the provisions and requirements. of this Code would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or parcel or property in question; and (2) the granting of the requested variance would not be materialiy detrimental to the prop- erty 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 Code of moderating the size, number and obtrusive placement of signs and the reduction of clutter. Where there is insufficient evidence, in the opinion of the Board, to support a finding of "undue and unnecessary hardship" under (a) above, but some hardship does exist, the Board may con- sider the requirement lullilled if: (1) the proposed signing is of particularly good design and in particulariy good taste; and (2) the entire site has been or will be particulariy 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 oul the spirit and purpose of this Code in the pUblic interest. Sec. 12.7. Perfection of Appeal and Stay of Proceedings An appeal with or without petition for variance may be considered by the Board only if: (a) Written notice of appeal, with or without petition for variance, is filed with the Board: (1) within 10 days of the decision of the Administrator denying a sign permit; (2) within 40 days of the submission of a sign permit application which the Administrator has neither granted or denied within 30 days. (b) The notice of appeai is accompanied by a fee of $ (c) The appellant serves upon the Board a written statement of the reasons in support of his position five days before the hearing on the appeal. The Board shall, on its own motion, or on the motion of any interested party, dismiss an appeal for failure of the appellant to meet any at the requirements of this sub-section or for failure of the appellant to otherwise diligently prosecute the appeai, or if the Boord finds the appellant has made any knowingly false Or misleading statements Or representations in his sign applica- tion or appeal. Sec. 12.8. Board Procedure (a) General. The voting members of the Board shall choose a chairman from among their number who shall serve a term of one year, and shall adopt rules and regulations for its own government The presence of at least four of the seven voting members of the Board and an affirmative vote of a majority of those present at any meeting shall be required for any Board decision or action. (b) Procedure Upon Appeals - Delivery of Sign Application to Board. Upon the filing of a notice of appeal with the Board as provided in sub-section 12.7, the Administrator shall promptly transmit to the Sign Code Board of Appeais, the appropriate application for a sign permit, the written notice of denial with reasons therefor, together with ail plans, specifications and other papers pertaining to the application. When the appeai is from failure of the Administrator to grant a permit within 30 days, the Administrator shall, in addition to the foregoing, furnish the Board with a brief written statement of the reasons for the failure. 49