A person aggrieved by any decision rendered by the building official under this article may appeal to the city council. The appeal must be received within 10 days after the placement of a letter of notification from the building official in the U.S. mail addressed to the owner of the sign. The appeal shall be filed in writing with the city council and must specify the grounds on which the appeal is based. The city council shall review the appeal at a city council meeting as soon as practical, but not later than 30 days from receipt of the appeal. The decision by the city council is final.
(Ordinance 003-2011 adopted 6/20/11)
(a) 
Hardship or difficulty.
The city council may authorize a variance to any regulation established in this article, including, but not limited to the number, type, area, height, material, construction, or any other aspect involved in the sign permitting process. In granting a variance, the city council shall consider the following:
(1) 
Special conditions exist which are peculiar to the land, structure or building involved and are not applicable to other lands, building, or structures in the same zoning district. The city may attach such conditions to granting all or a portion of any variance necessary to achieve the purpose of this article;
(2) 
The strict interpretation of the provisions of the article would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this article;
(3) 
The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience;
(4) 
Granting the variance will meet the objectives of this article and not injure the adjoining property owners or be detrimental to the public welfare;
(5) 
The request will be the minimum variance necessary to alleviate the special hardship or practical difficulties faced by the applicant in meeting the requirements of this article; and
(6) 
Granting the variance will be in harmony with the spirit and purpose of this article.
(b) 
Making request.
A person may request a variance from this article by filing a request with the building official. A person wishing to request a variance shall submit a completed application form that includes an explanation of the reasons the variance is necessary and a nonrefundable filing fee in accordance with the city fee schedule.
(c) 
Conditions.
In granting a variance, the city council may impose such conditions as will reasonably accomplish the purposes of this article.
(Ordinance 003-2011 adopted 6/20/11)