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(1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter. (2) Petitions for variances from the literal provisions of ordinances in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The commission may recommend the granting of such variances only when it appears upon evidence presented that: a. The granting of the variance will not be detrimental to the other property in the neighborhood or City; and b. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to; or C. The conditions upon which the application for a variance is based are unique to the sign or to the parcel of land for which the variance is sought and are not applicable, generally,to other property within the same land use classification. 1400.14 Variances. Subd. 1. Variances Granted. Variances may be granted by the City Council after a public hearing is held by the Planning Commission and a recommendation is made to the City Council. Notices will be given, and a public hearing will be held, in the manner provided in Subsection 1670.06. The installation of sign(s) must take place within one (1) year after a variance has been granted by the City Council. Subd. 2. Majority Vote. A majority affirmative vote of the City Council members present is required to approve a variance. Subd. 3. Fee. An application for a variance must be accompanied by the fee provided in Section 615. 1400.15 Non-Conforming_Signs. Subd. 1. Legal Conforming. All signs existing as of January 1, 2009 conforming to the requirements of this Chapter and not requiring a permit under the provisions of this Chapter, may be maintained so long as they continue to comply with the provisions of this Chapter, as it may from time to time be amended. Subd. 2. Legal Non-Conforming Signs. All signs existing as of January 1, 2009, which would be prohibited by this Chapter, or which would require a permit under this Chapter but have not received a permit, will be deemed to be legal non-conforming signs. Legal non- conforming signs may continue to exist without a permit and without constituting a violation of this Chapter until one or more of the following occurs: (1) The sign is structurally altered(except for normal maintenance) in a way which makes the sign less in compliance with this Chapter than it was before the alteration. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 18