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, Zoning.

    (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)