Chapter 23 SIGNS*
Section 23-31 Appeals to board of adjustment.
(a) The board of adjustment may, in appropriate cases and
subject to appropriate conditions
and safeguards, make exceptions to the terms of this article in harmony with its general purpose
and intent. The board shall have the following powers:
(1) To hear and decide appeals where
it is alleged there is an error in an order, requirement,
decision or determination made by an administrative official in the enforcement of this chapter.
(2) In passing upon appeals, where
there are practical difficulties or unnecessary hardship in
the way of carrying out the strict letter of the provisions of this chapter, to vary or modify the
application of any of the regulations or provisions of such chapter relating to the use,
construction or alteration of billboards, panelboards, signboards and signs, so that the spirit of
this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(b) Appeals to the board of adjustment pursuant to this section
shall be submitted in
accordance with the procedure set forth for appeals to the board of adjustment in Chapter 29,
(c) The criteria used for granting variances to this chapter
shall be as follows:
(1) Variances shall not be granted
for both size and height of freestanding signs.
(2) The degree of variance shall be
the minimum necessary to afford relief from the practical
difficulty or hardship imposed by the requirements of the chapter.
(Code 1964, § 19.720; Ord. No. 13621, § 1, 3-15-93)