§ 82-10. Board of appeals.

(a)

Created. There is hereby created a sign board of appeals which shall have the power and authority in appropriate cases and subject to appropriate conditions as set forth below to grant variances and electronic message center permits.

(1)

Variances. The sign board of appeals shall have the power and authority in appropriate cases to grant variances from the size, spacing, height, setback, location and other requirements set forth in this chapter. In order to grant a variance from the regulations established herein, the board must first find that a literal enforcement of the provisions of this chapter will result in an unnecessary hardship; that the unnecessary hardship is not self-imposed; that the granted variance will not be contrary to the public interest; and that by granting the variance, the spirit of the chapter will be observed and substantial justice will be done.

(2)

Electronic message centers. The sign board of appeals shall also have the authority to permit the use of an electronic message center where authorized by this chapter, and where the board determines after a public hearing that the sign will not have a significant adverse impact on traffic or pedestrian safety, or on the use or enjoyment of adjacent properties.

(b)

Notice. Notice of a requested variance or EMC permit shall be sent by written mail at least ten days prior to the hearing of the board to the owners of adjacent properties which would be affected by the granting of the variance or EMC permit.

(c)

Designation. The zoning board of adjustment for the city is hereby designated to serve as the sign board of appeals. The quorum and voting requirements of the board of adjustment shall apply to the sign board of appeals.

(Ord. No. O-2006-009-15, § 1, 11-27-06; Ord. No. O-2009-022-15, § 3, 11-9-09)