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<br />7A <br />Page 28 <br /> <br />DIVISION SIX. VARIANCES <br /> <br />Sec. 3.97. GENERAL: <br /> <br />A. Any variance granted must be in conformance with the Purpose, Basic <br />Objectives and Basic Principals sections of this Article, as those sections may be <br />amended from time to time. <br /> <br />B. No variance may be granted for signs otherwise prohibited by this Article. <br /> <br />Sec. 3.98. REQUIRED FINDINGS: In order to prevent or lessen practical <br />difficulties and unnecessary hardship inconsistent with the purpose and objectives of <br />this Article, the Director may grant or conditionally grant variances to the sign <br />regulations contained in this Article, up to a maximum of thirty percent (30%) of the <br />otherwise applicable rule, as they pertain to the noncommunicative aspects of signs, <br />provided each of the following findings are made: <br /> <br />A. Special circumstances. Due to special circumstances applicable to the <br />property including, but not limited to, lot size, shape, topography, location, lot frontage, <br />surrounding uses, existing buildings or the classification of the street from which the <br />sign is intended to be viewed, the strict application of the provisions of this Article would <br />deprive the property owner and/or establishment of privileges enjoyed by other <br />properties and/or establishments in the vicinity. <br /> <br />B. No special privileQes. Conditions of approval will assure that the <br />requested modification of the sign requirements does not constitute a grant of a special <br />privilege inconsistent with the limitations upon other properties or establishments in the <br />vicinity. <br /> <br />Sec. 3.99. REVIEW AND APPROVAL PROCESS: The Director shall make a <br />determination on any sign variance request in the same manner as any other sign- <br />related decision. If approved, a sign variance shall become effective on the tenth (10th) <br />calendar day following the date of the final decision; however, a variance shall not <br />become effective pending a decision on any appeal thereof filed in accordance with the <br />provisions of this Article. <br /> <br />DIVISION SEVEN. IllEGAL, ABANDONED AND NONCONFORMING SIGNS <br /> <br />Sec. 3.100. GENERAL APPLICATION: Any illegal, abandoned or <br />nonconforming sign shall be removed or modified to comply with the requirements of <br />this Article as set forth in this Division. <br /> <br />Sec. 3.101. IllEGAL SIGNS: Illegal signs shall be abated by the property <br />owner or person responsible for installing or maintaining the sign. The duty to abate <br />arises upon notice by the Director. Such notice shall give such parties a thirty (30) day <br />opportunity to cure by conformance to current law and/or current permit, to abate by <br /> <br />Atty/Ord/Ord.211 <br />032007 <br /> <br />26 <br />