§ 6-256. Appeals to sign ordinance.

(a)

Creation of board. There is hereby established a sign board of appeals consisting of five current members of the board of adjustment and alternates. Alternate members may serve as replacement members in the event of absence or disqualification.

(b)

Quorum. A majority of members, three or more members, shall constitute a quorum. In the event of the absence of the chairman and vice-chairman, the three or more members constituting the quorum shall elect for that meeting a member to preside and assume the duties as acting chairman. All motions shall be decided by a simple majority.

(c)

Meetings. All meetings shall be open to the public. The board shall establish the dates, times and places of meetings.

(d)

Records. All proceedings of the sign board of appeals shall be recorded in minutes of meetings and such minutes approved and made a matter of public record.

(e)

Powers and duties. The sign board of appeals shall have the following powers and perform the following duties:

(1)

The sign board of appeals may hear and decide appeals which allege error in any order, requirement, decision, or determination made by the chief building official in connection with the refusal to grant a permit, revoke a permit, or a decision involving any substantive or material interpretation of this article.

(2)

A variance shall not be granted to relieve a self-imposed or personal hardship, nor shall it be based solely on economic gain or loss. In order to make a finding of hardship and to grant a variance from this article, the board must determine that:

a.

The requested variance does not violate the intent of the article.

b.

The requested variance will not adversely affect surrounding properties.

c.

The requested variance will not adversely affect public safety.

d.

Special conditions exist which are unique to the applicant or property.

e.

The requested variance is not self-imposed or granted to relieve a personal hardship.

f.

The requested variance is not based solely on economic gain or loss.

(3)

All action regarding variances by the sign board of appeals may be appealed in accordance with subsection (f).

(4)

The sign board of appeals shall only exercise those duties which are provided in this article.

(f)

Appeal from sign board of appeals to city council. Any person aggrieved by the decision of the sign board of appeals may appeal the board's decision to city council. Such appeals shall be made in writing within ten business days from the date of the board's decision and shall be submitted to the city manager, or his designee. The director of planning or three voting members of city council may likewise appeal the board's decision following the same appeal process. The city council's decision is final.

(Ord. No. 2011-1896, § 2, 4-5-2011; Ord. No. 2017-2268 , § 2, 7-18-2017)