[Amended 1997 by Ord. No. 1604]
Any person aggrieved by any decision or order of the administrator
in any matter related to the interpretation or enforcement of any
provision of this Part 2 may appeal to the City Council.
A. Filing, stay or further proceedings.
(1)
Every appeal shall be made within 45 days of the matter complained
of by filing with the administrator a written notice specifying the
grounds for appeal. Thereupon, the administrator shall promptly transmit
all pertinent records to the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
An appeal stays all further action on the matter being appealed
unless the administrator certifies to the City Council, after the
notice of appeal has been filed with the administrator, that for reasons
stated in the certificate, a stay would cause imminent peril to life
or property. In such case, further action shall not be stayed unless
the City Council grants a stay or the Circuit Court grants a restraining
order and so notifies the administrator.
(3)
The fee to be paid to the City Clerk for an appeal under this
Part 2 shall be as set by City ordinance from time to time.
B. Public hearing; notice. The Plan Commission shall hold a public hearing
on every appeal within 60 days after the filing of the appeal notice.
At the hearing, any interested party may appear and testify, either
in person or by duly authorized agent or attorney. Notice indicating
the time, date, and place of hearing, and briefly describing the issue
to be decided, shall be given not more than 30 days nor less than
15 days before the hearing by:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
First class mail to all parties the Commission finds would be
directly affected by the appeal; and
(2)
Publication in a newspaper of general circulation within the
City.
C. Advisory report; decision by City Council. Within 10 days after the
public hearing, the Plan Commission shall submit its advisory report
and all pertinent records to the City Council. If the Plan Commission
fails to file its advisory report with the City Council within 10
days after the public hearing or 70 days after receipt of the records
from the administrator, whichever is less, it shall be deemed that
the Commission has approved the action or decision of the administrator.
The City Council shall render a decision on the appeal at its next
regularly scheduled meeting following the receipt of the Plan Commission
report or the lapse of the time allowed for the filing of the same
with the City Council. By simple majority vote of a quorum of all
members of the City Council then holding office, the City Council
may reverse or affirm, in whole or in part, or modify or amend the
decision or order of the administrator appealed from to the extent
and in the manner the City Council deems appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 1997 by Ord. No. 1604]
A variance is a relaxation of the requirements of this Part
2 that are applicable to a particular street graphic.
A. Application.
(1)
Every application for a variance shall be filed with the administrator
on a prescribed form. The administrator shall promptly transmit said
application to the Plan Commission. The application shall contain
sufficient information to allow the Commission to make an informed
recommendation, and shall include, at a minimum, the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Name and address of the applicant;
(b)
Location of the street graphic for which the variance is sought;
(c)
Full and detailed explanation of the grounds for the variance
request;
(d)
Specific sections of this Part
2 for which a variance from the strict application of the same is being sought;
(e)
Any other pertinent information that the administrator may require.
(2)
The fee to be paid to the City Clerk for the processing of a
variance application under this Part 2 shall be as set by City ordinance
from time to time.
B. Public hearing; notice. The Plan Commission shall hold a public hearing
on each variance request within 60 days after the variance application
is submitted to it. At the hearing, any interested party may appear
and testify, either in person or by duly authorized agent or attorney.
Notice indicating the time, date, and place of the hearing, and the
nature of the proposed variance, shall be given not more than 30 days
nor less than 15 days before the hearing by:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
First class mail to the applicant and to all parties the Commission
finds would be directly affected by the proposed variance; and
(2)
Publication in a newspaper of general circulation within the
City.
C. Advisory report. Within 10 days after the public hearing, the Plan Commission shall submit an advisory report on the requested variance to the City Council. Its advisory report shall be responsive to all of the variance standards set forth in Subsection
E of this section. If the Commission fails to file its report with the City Council within 10 days of the public hearing or 70 days after receipt of the variance application, it shall be deemed that the Commission approved the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Decision by City Council. The City Council shall act on every request
for a street graphic variance at its next regularly scheduled meeting
following receipt of the Plan Commission's advisory report or within
90 days of the filing of the variance application with the City Clerk,
whichever is less. By simple majority vote of a quorum of all members
of the City Council then holding office, the City Council shall grant
or deny the variance application. If the City Council fails to rule
on the variance application within the time aforesaid, it shall be
deemed that the City Council has approved the variance application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Standards for variances.
(1)
The City Council shall not grant any street graphic variance
unless, based upon the evidence presented to it, special circumstances
involving size, shape, topography, location or surroundings affect
the property referred to in the application, denial of the application
would cause unreasonable or unnecessary hardship, and when the sign
will not cause substantial injury to the value of other property in
the vicinity nor be detrimental to the public safety or welfare and
the neighborhood in which it is located.
(2)
An exception may be granted only by ordinance passed by at least
a majority vote of all members of the City Council then holding office
after an application for an exception has been submitted to the Plan
Commission and after a public hearing is scheduled and held by the
Plan Commission and its findings and recommendations are reported
to the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 1997 by Ord. No. 1604; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
The City Council may amend this Part
2 in accordance with the provisions of the subsections below. Amendments may be proposed by the City Council, the administrator, the Zoning Board of Appeals, the Plan Commission or any party in interest.
A. Filing.
(1)
Every proposal to amend this Part 2 shall be filed with the
administrator on a prescribed form. The administrator shall promptly
transmit said proposal, together with any comments or recommendations
he or she may wish to make, to the Plan Commission for a public hearing.
(2)
Fees to be paid to the City Clerk for processing of an application
to amend the street graphics control ordinance shall be as set by
City ordinance from time to time.
B. Public hearing; notice. The Plan Commission shall hold a public hearing
on every amendment proposal within 60 days after the proposal has
been submitted to it. At the hearing, any interested party may appear
and testify, either in person or by duly authorized agent or attorney.
Notice indicating the time, date and place of the hearing and the
nature of the proposed amendment shall be given not more than 30 days
nor less than 15 days before the hearing by:
(1)
First class mail to all parties the Commission finds would be
directly affected by the proposed amendment; and
(2)
Publication of a notice of hearing in a newspaper of general
circulation within the City.
C. Advisory report; action by City Council. Within 10 days after the
public hearing, the Plan Commission shall submit its advisory report
to the City Council. If the Plan Commission fails to submit its report
to the City Council within 10 days of the public hearing or 70 days
after receipt of the amendment proposal, it shall be deemed that the
Commission has recommended in favor of the adoption of the amendment.
The City Council shall have 60 days after the public hearing or 90
days after the application for the amendment was filed with the administrator,
whichever is more, to rule upon the proposed amendment. If the City
Council fails to rule upon the proposed amendment within the time
aforesaid, it shall be deemed that the City Council has approved the
amendment. Without further public hearing, the City Council may, by
simple majority vote of a quorum of all members of the City Council
then holding office, pass the amendment as proposed, modify or amend
it in any way and pass it as modified or amended, reject the amendment
or refer the amendment application back to the Plan Commission for
further consideration and recommendation. If the City Council refers
the proposed amendment back to the Plan Commission for further consideration,
the Commission shall have 30 days to file its written recommendations
with the City Clerk, and the City Council shall have 30 days thereafter
to take final action on the amendment.