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214.21 .03. <br /> 214.21. APPEALS APPEALS <br /> To provide for a reasonable interpretation of the provisions of this <br /> Chapter, a permit applicant who wishes to appeal an interpretation <br /> 1111) <br /> by the City may file a variance application and request a hearing <br /> before the Appeals Commission. The Commission shall hear requests <br /> for variances and make their recommendation to the City Council in <br /> the following cases: <br /> 1. Appeals where it is alleged that there is an error in any order, <br /> requirement, decision or determination made by the City in the <br /> enforcement of this Chapter. <br /> 2. Requests for variances from the literal provisions of this <br /> Chapter in instances where the strict enforcement would cause an <br /> undue hardship. Before the Commission shall grant a variance, it is <br /> the responsibility of the applicant to prove: <br /> A. That there are exceptional or extraordinary circumstances <br /> applicable to the property or to the intended use that do not <br /> apply generally to other property in the same vicinity and <br /> district. <br /> B. That the variance is necessary for the preservation and <br /> enjoyment of a substantial property right possessed by other <br /> property in the same vicinity and district; but which is denied <br /> to the property in question. <br /> C. That the strict application of the Chapter would constitute <br /> an unnecessary hardship. <br /> D. That the granting of the variance would not be materially <br /> --- detrimental to the public health, safety or general welfare or <br /> ) detrimental to the property in the vicinity or district in which <br /> �' the property is located. • <br /> 3. All variances granted prior to November 21 , 1977 , unless <br /> otherwise specified by Council, remain in effect until : <br /> A. The sign is altered in any way, excep • for routine <br /> maintenance and change of messages, which makes zi,.- sign less in <br /> compliance with the requirements of this Chapter : than it was <br /> before the alterations. <br /> B. The supporting structure of the sign is replaced or <br /> remodeled. <br /> C. The face of the sign is replaced or remodeled. <br /> D. The sign becomes dilapidated or damaged and the cost of <br /> bringing it into compliance is more than fifty (50%) percent of <br /> the value of said sign, at which time all of the sign and its <br /> structure be removed. <br /> E. Notwithstanding subparagraph (A) above, upon the change of <br /> the name of the business being displayed on this sign. <br /> At such time, the owner of said sign will have three .(3) months to <br /> obtain a sign permit and constuct a sign which meets all . <br /> requirements of this Chapter or, obtain a variance fo; Any new or <br /> existing sign which does not meet all requirements of t1 Chapter. <br /> (Ref. 837) <br /> 41) .. <br /> 11/88 214-17 <br />