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