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New Auburn Village City Zoning Code

ARTICLE IX

Sign Regulations

§ 350-90 Purpose and intent.

The purpose of this article is to create the legal framework to regulate, administer, and enforce sign advertising and display within the Village of New Auburn, to serve the following purposes:
A. 
To protect the health, safety, and general welfare of the Village and its residents and to implement the policies of the Village's Comprehensive Plan.
B. 
To allow adequate opportunity for free speech in the form of messages or images displayed on signs, while balancing that interest against public safety and aesthetic concerns and community character objectives impacted by signs.
C. 
To ensure that the design, location, construction, illumination, installation, repair and maintenance of signs:
(1) 
Does not interfere with traffic safety or otherwise endanger public safety;
(2) 
Enhances and protects the aesthetic value of the Village by reducing visual clutter that is potentially harmful to property values, community character and economic development, and quality of life; and
(3) 
Is consistent with the character of zoning districts in which the signs are located.
D. 
Recognizing the unique impact of off-premises advertising on public safety, visual aesthetics, and quality of life, to restrict new off-premises signs and minimize the impact of existing off-premises signs.
E. 
To prevent the inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial speech over any other noncommercial speech based on its content and provide for individual expression.

§ 350-91 Compliance.

No sign shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without conformance with the provisions of this article and a sign permit, unless exempted from sign permit requirements under § 350-93.

§ 350-92 Noncommercial signs.

A. 
Any sign authorized by this article may contain a noncommercial message. Noncommercial signs shall be subject to the same permit requirements, restrictions on size and type, and other specifications set forth in this article.
B. 
This section does not authorize the substitution of an off-premises commercial message in place of a noncommercial or on-premises commercial message.

§ 350-93 Exempt signs.

The following signs are exempt from the regulations contained in this chapter.
A. 
A sign posted by the Village, a county, state, or federal agency.
B. 
A sign integrated into or on an automatic teller machine, coin-operated machine, or vending machine.
C. 
A sign carried by a person.
D. 
A sign located within the interior of any building or structure which is not visible from the public right-of-way. This does not, however, exempt such sign from the structure, electrical or material specifications of this chapter.
E. 
Permanent signs located within the interior of any building or structure which are visible from the public right-of-way, provided the gross area of the sign does not exceed four square feet.
F. 
Official notices posted by public officers or employers in the performance of their duties.
G. 
Truck, bus, trailer or other vehicles, while operating in the normal course of business, which is not primarily the display of signs.
H. 
Street addresses and numbers as required by the U.S. Postal Service.
I. 
Murals and other work of art.
J. 
Holiday lights and decorations containing no commercial messaging.
K. 
Flags of the United States and Wisconsin and other countries or states, up to a maximum of three flags per parcel. If the flag is displayed on a flagpole, the maximum dimension of any flag shall be proportional to the flagpole height of the pole. Flags must flow in accordance with protocol established by U.S. Congress. Any flag not meeting these requirements shall be considered a sign subject to the requirements of this article and not allowed as an exemption under this section.

§ 350-94 Prohibited signs.

The following signs shall be prohibited within the Village of New Auburn:
A. 
Abandoned signs.
B. 
Off-premises signs, except as expressly allowed under this chapter.
C. 
Flashing or moving signs: flashing signs are prohibited. Changeable message signs and movie theater marquees are not subject to this restriction. Signs with physically moving components visible from the public right-of-way are not permitted except for those which revolve around a vertical axis at speeds less than seven revolutions per minute.
D. 
Swinging signs.
E. 
Floodlighted and illuminated signs. Signs may be floodlighted or illuminated, subject to the following restrictions:
(1) 
Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of a public right-of-way and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.
(2) 
Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any residential property and which are of such intensity or brilliance as to cause a public nuisance are prohibited.
(3) 
No sign shall be so floodlighted or illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.
F. 
Signs which are an imitation of, or resemble in shape, size, copy or color an official traffic sign or signal.
G. 
Signs attached to any public utility pole or structure, street tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property except as otherwise expressly permitted under this chapter.

§ 350-95 Sign permit application, determination, indemnification, and insurance.

A. 
Permit required. It shall be unlawful for any person to erect, construct, enlarge, or structurally modify a sign or cause the same to be done in the Village of New Auburn without first obtaining a sign permit for each such sign from the Zoning Administrator as required by this section. Permits shall not be required for a change of copy of any sign, nor for the repainting, cleaning, and other normal maintenance and repair of the sign and sign structure.
(1) 
For purposes of a permit, a double-faced sign shall be equivalent to one sign.
(2) 
A sign permit issued for the erection, construction, enlargement, modification or moving of a sign shall be subject to the following time limitations: Work permitted by the permit issued shall commence within 60 days of the date of issue or the permit shall be null and void. Each sign or work on a sign subject to a permit shall be completed within six months after the date of the permit or the owner shall be required to apply for and receive another permit before continuing to work on the sign.
B. 
Application for permit. Application for a permit shall be filed with the Zoning Administrator or Village Clerk upon forms provided by the Village Clerk and shall contain the following information:
(1) 
The name, address, and telephone number of the sign owner, the property owner where the sign is or will be located, and the sign contractor of the proposed sign.
(2) 
Clear and legible drawings with description and nominal dimensions of the proposed sign, the construction, size, dimensions, and kind of materials to be used in such structure.
(3) 
A site plan showing the buildings on the premises upon which the structure is to be erected and maintained together with location, setbacks, size, and types of existing signs on the premises where the proposed sign is to be located. All dimensions shall be indicated for the sign and the site plan elements.
(4) 
If located on land not owned by the owner of the sign subject to the application, the written consent or approval or a lease or other form of contract executed by the owner of the land on which the sign is to be placed, indicating that permission has been granted for placement of the sign at the location in question.
(5) 
Electrical permit applied for or obtained for the sign, if applicable.
(6) 
Calculations demonstrating that the sign, as it is designed, meets the construction requirements of this article for dead load and wind pressure.
(7) 
A description of any existing signs that will remain on the site.
(8) 
Evidence of liability, insurance policy or bond as required by § 350-95E.
(9) 
Such other information as the Zoning Administrator may require to show full compliance with this and all other applicable laws of the Village of New Auburn.
(10) 
Signature of the applicant.
(11) 
Fee. At the time an application is submitted for a sign permit under this article, the applicant shall pay the applicable fee in full with the fee to be determined in accord with the administrative fee schedule adopted annually by the Village Board and maintained on file with the Village.
C. 
Determination. The Zoning Administrator shall issue a permit for the erection, structural alteration, enlargement, or relocation of a sign within the Village of New Auburn when the permit application is properly made and the sign complies with the appropriate laws and regulations of the Village of New Auburn. If the sign permit is denied by the Zoning Administrator, he/she shall give written notice of the denial to the applicant, together with a brief statement of the reasons for the denial.
D. 
Indemnification for sign installation and maintenance. All persons engaged in the business of installing or maintaining signs which involved in whole or in part, the erection, alteration, relocation, maintenance of a sign or other sign work, in, over, or immediately adjacent to a public right-of-way or public property used or encroached upon by the sign contractor, shall agree to hold harmless and indemnify the Village of New Auburn, its officers, agents, employees, from any and all claims of negligence resulting from the erection, alteration, relocation, maintenance of this sign or any other sign work insofar as this chapter has not specifically directed the placement of this sign.
E. 
Insurance. Every sign contractor shall file with the Zoning Administrator a Certificate of Insurance indicating the application holds a public liability and property damage policy specifically to include the hold harmless clause with bodily injury limits of at least $300,000 per occurrence, and $300,000 aggregate, and property damage insurance of at least $100,000 per occurrence, and $100,000 aggregate. Such insurance shall not be canceled or reduced without the insured first giving 30 days' notice in writing to the Village of New Auburn of such cancellation or reduction. This requirement may be waived by the Village Board.

§ 350-96 Legal nonconforming signs.

A. 
Notification of nonconformance. Upon determination that a sign is nonconforming, the Zoning Administrator shall use reasonable efforts to so notify, either personally or in writing, the user or owner of the property on which the sign is located of the sign's nonconformity and whether the sign is eligible for characterization as a legal nonconforming sign or is unlawful.
B. 
Signs eligible for characterization as legal nonconforming. Signs lawfully existing at the time of the adoption of this chapter may be continued although the size or location does not conform with the provisions of this chapter. Such signs shall be deemed nonconforming and the nonconforming use and structure provisions under Article XI of this chapter shall apply.
C. 
No nonconforming sign shall be enlarged, physically altered or replaced by another sign, relocated, whether on or off of the premises on which it was situation at the time that it became nonconforming without causing it to become a conforming sign under this article. All nonconforming signs shall be removed at the time of a change in business on the premises upon which the sign is located.
D. 
Nonconforming signs may be routinely maintained, but no repairs shall be made to them for the purposes of prolonging its anticipated life beyond what is reasonably anticipated as of the time such repairs are proposed to be made.
E. 
Without the express, written consent of the Village, no new signs, including, but not limited to, those capable of being permitted under this article, may be erected on any premises upon which a nonconforming sign is located unless the nonconforming sign is brought into full compliance with this article or is removed.
F. 
Nonconforming signs which have been abandoned in accord with § 350-97B lose their nonconforming status and shall be removed from the premises upon which they are located. Thereafter, no sign may be erected on the same premises that is not in full compliance with the provisions of this article.
G. 
A change in business or other use that necessitates a new sign message or sign structure shall require the sign be brought into conformance with the provisions of this article, including an application for a sign permit.

§ 350-97 Removal and disposition of signs.

A. 
Maintenance and repair.
(1) 
Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting (except when a weathered or natural surface is intended), repairing, cleaning and other acts required for the maintenance of said sign.
(2) 
The Zoning Administrator shall require compliance with all standards of this chapter. If the sign is not modified to comply with safety standards outlined in this chapter, the Zoning Administrator shall require its removal in accordance with this section.
B. 
Abandoned signs. All signs or sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertises is no longer conducted or, for an off-premises sign, when lease payment and rental income are no longer provided. If the owner or lessee fails to remove the sign, the Zoning Administrator shall give the owner 60 days' written notice to remove said sign. Upon failure to comply with this notice, the Village of New Auburn may cause removal to be executed, the expenses of which will be assessed to the tax roll of the property on which the abandoned sign is located.
C. 
Deteriorated or dilapidated signs. The Zoning Administrator shall cause to be removed any deteriorated or dilapidated signs under the provision of § 66.0413, Wis. Stats.

§ 350-98 Construction specifications.

A. 
Every sign or advertising structure hereafter erected shall have marked in a conspicuous place thereon the date of erection, the manufacturer's name, the permit number and the voltage of any electrical apparatus used in connection therewith.
B. 
All signs shall comply with the provisions of Chapter 350, Zoning, of the Code of the Village of New Auburn, the current National Electrical Code, and the additional construction standards herein set forth.
C. 
All ground sign structures shall be self-supporting structures and permanently attached to sufficient foundations.
D. 
Electrical service to ground signs shall be concealed wherever possible.
E. 
No sign shall be suspended by chains or other devices that allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections.
F. 
Supports and braces shall be an integral part of the sign design. Angle irons, chains, or wires used for supports or braces shall be hidden from the public view to the extent technically feasible.
G. 
All signs shall be constructed to withstand wind pressure of not less than 30 pounds per square foot and shall be constructed so as to support dead loads in accordance with the building code.

§ 350-99 Measurement standards.

A. 
Signable area. The signable area of a building is designated as the area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail on which signs may be displayed. In computing signage area, any facade which faces or abuts a public right-of-way may be utilized. Calculations may include parapet walls but shall exclude door and window openings.
B. 
Measuring sign face. In calculating the area of a sign to determine whether it meets the requirements of this article, the Zoning Administrator shall include the sign copy and any border or frame surrounding that copy. Supporting posts of foundations shall be excluded from the area calculation. The area of irregularly shaped signs or signs containing two or more detached elements, shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign.
C. 
Measuring sign height. The sign height shall be the vertical distance measured from the grade at the base of the sign structure to the highest point of such sign or sign structure. In the case where a sign is to be located in a raised planting bed or berm, the grade shall be determined by the average of the grades measured at the grade of the planting bed or the toes of the slope at the front and back of the bed or berm.

§ 350-100 Location standards.

A. 
No signs are permitted in the traffic visibility triangle as described under § 350-71.
B. 
No sign shall be placed within a public right-of-way nor so close to a pedestrian way as to hinder or endanger safe passage.
C. 
Signs shall not be placed on utility poles, light poles, trees, utility pedestals or boxes, or any similar structure.
D. 
Signs shall not be attached or affixed to or adhered to or drawn upon any public street or sidewalks.

§ 350-101 General design requirements.

A. 
A ground sign, any part of which is closer than 15 feet to the right-of-way shall have a minimum vertical distance of 10 feet between the bottom of the sign and the grade at the right-of-way line or shall not be more than four feet in height.
B. 
Any overhead sign location that is accessible to vehicles shall have a minimum vertical clearance of 16 feet.
C. 
No sign facing a residential district shall be closer than 25 feet to that district line.
D. 
Wall signs placed against the exterior walls of buildings shall not extend more than 16 inches outside of a building's wall surface.
E. 
The gross area of permanent window signs shall not exceed 50% of the gross window area.

§ 350-102 Signs permitted in all districts without a permit.

The following signs are permitted in all zoning districts without a permit, subject to the specified conditions.
A. 
Construction signs. Two construction signs per construction site, not exceeding 160 square feet in area each, shall be confined to the site of construction and shall be removed 30 days after completion of construction or prior to occupancy, whichever is sooner.
B. 
Temporary ground or wall signs on properties or buildings for sale, lease, or rent not exceeding eight square feet in area on one side or 16 square feet in area on all sides. If not attached to a wall, such signs shall be setback at least 10 feet from a side or rear lot line, shall not be located in a public right-of-way, and shall be removed within 10 days after the property or building is sold, leased, or rented.
C. 
Temporary freestanding, ground, or wall signs on properties of buildings with an open house, grand opening, anniversary or special sale, not exceeding 16 square feet on one side, or 32 square feet in area on all sides. Signs may be placed on the premises not earlier than seven days prior to the event in question and shall be removed no later than at the end of the last day of the event.
D. 
Election campaign signs. As provided in § 12.04, Wis. Stats., election campaign signs are permitted in residential zoning districts subject to the following requirements:
(1) 
Shall not be located in the public right-of-way or on public property, unless specifically exempted under § 350-93; and
(2) 
Shall not exceed 11 square feet in area unless the sign is affixed to a permanent structure, does not extend beyond the perimeter of the structure, and does not obstruct a window, door, fire escape, ventilation shaft, or other area which is required by the Village building code to remain unobstructed.
E. 
A temporary sign not to exceed 11 square feet in area and shall not be displayed for more than 30 days in any given twelve-month period of time on any given parcel.

§ 350-103 Signs permitted in specified zoning district with a permit.

A. 
The following signs are permitted in all residential zoning districts, with a permit, subject to the following regulations:
(1) 
Permanent ground sign placed at the entrance to a subdivision or development, which shall be setback at least 10 feet from a street right-of-way or side or rear lot line. The sign shall not exceed 20 square feet in size and six feet in height.
(a) 
The subdivider, condominium association, or homeowner's association shall be responsible for paying all costs for maintenance of the sign and associated landscaping. Written agreements shall be on file between the Village and the subdivider, condominium association, and/or homeowners' association as to the maintenance and care of the sign and landscaping.
(2) 
Signs associated with a permitted, accessory, or conditionally allowed nonresidential use. Signage shall consist of no more than one ground sign not to exceed 20 square feet in size and six feet in height, together with one wall sign not larger than 15 square feet in size.
(3) 
Home occupation signs. Signs associated with a home occupation as defined in Chapter 350, Zoning, provided such signs are nonilluminated signs that do not exceed two square feet in area. One sign per home occupation is allowed.
B. 
The following signs are permitted in the C-1 Central Business District, with a permit:
(1) 
Permitted sign types. Wall, window, ground, and directional.
(2) 
Area. The gross area in square feet of all signs shall not exceed four times the lineal front footage of the zoning lot, however, the gross surface area of all illuminated signs shall not exceed two times the lineal front footage of the zoning lot.
(3) 
Ground signs. The area of the ground sign shall not exceed 75 square feet. One on-premises ground sign shall be permitted for each street frontage of the zoning lot. No ground sign shall project higher than 25 feet above grade.
C. 
The following signs are permitted in the C-2 General Commercial District, with a permit:
(1) 
Permitted sign types. Wall, window, ground, and directional.
(2) 
Area. The gross area in square feet of all signs shall not exceed four times the lineal front footage of the zoning lot, however, the gross surface area of all illuminated signs shall not exceed two times the lineal front footage of the zoning lot.
(3) 
Ground signs. The area of a ground sign shall not exceed 100 square feet in gross area. One on-premises ground sign shall be permitted for each street frontage of the zoning lot. The sign shall not be higher than 25 feet above grade.
D. 
The following signs are permitted in the I-1 Light Industrial and I-2 Heavy Industrial Districts, with a permit:
(1) 
Permitted sign types. Wall, window, ground, and directional.
(2) 
Area. The gross area in square feet of all signs shall not exceed four times the lineal front footage of the zoning lot; however, the gross surface area of all illuminated signs shall not exceed two times the lineal front footage of the zoning lot.
(3) 
Ground signs. The area of a ground sign shall not exceed 200 square feet in gross area. One on-premises ground sign shall be permitted for each street frontage on the zoning lot. No ground sign shall project higher than 25 feet above grade.
E. 
The following signs are permitted in the GA General Agriculture, IA Intensive Agriculture, and Rural Development District.
(1) 
Permitted sign types. Wall, window, ground, and directional.
(2) 
Area. The gross area in square feet of all signs shall not exceed 200 square feet, however, the gross surface area of all illuminated signs shall not exceed 100 square feet.
(3) 
Ground signs: The area of a ground sign shall not exceed 100 square feet in gross area. One on-premises ground sign shall be permitted for each street frontage of the zoning lot. The sign shall not be higher than 10 feet above grade.

§ 350-104 Illumination restrictions.

A. 
The following restrictions on illumination of signs shall apply in all zoning districts.
(1) 
No illuminated sign shall cause any reflection or glare upon any public street, highway, or sidewalk, nor create glare on adjoining private properties.
(2) 
Exposed lighting media such as light bulbs and tubes are prohibited. All external sources of illumination must be hidden from view by the planting of vegetation, such as shrubbery, or by being camouflaged by nonvegetative means, subject to approval of the Village.
B. 
No sign which is allowed to be erected or constructed without a permit shall be illuminated without the express written permission of the Village.

§ 350-105 Temporary and portable signs.

In addition to the temporary signs allowed under § 350-93, Exempt signs, and § 350-102, the following temporary and portable signage may be allowed subject to review and approval of a sign permit:
A. 
Moveable flag signs or banners may be approved on a temporary basis in any district by the Plan Commission following a review and recommendation by the Zoning Administrator. Temporary sign permits shall not be granted for a period of more than three weeks, and each business or organization shall be limited to two temporary sign permits for a flag sign or banner in any twelve-month period. Banners displayed above a street shall not exceed 120 square feet in area on each side. Banners attached to a building or other structure shall not exceed 32 square feet in area.
B. 
Temporary signs. A temporary sign other than a flag or banner may be allowed in any district for up to 30 days in any given calendar year, provided the sign is not permanently mounted or affixed to the ground. The sign area shall not exceed 32 square feet on one side or 64 square feet on all sides, and shall be at least 10 feet from a property line (except for the C-1 Central Business District). Only one temporary sign may be located on a lot. Each business or organization shall be limited to two temporary sign permits in any twelve-month period.
C. 
Portable sign regulations. Any person wishing to place a portable sign on his/her premises or the premises of another shall first obtain a permit from the Plan Commission. Permits shall be issued for a period not to exceed 60 days in any calendar year. Any sign remaining on the premises for more than 60 days in any calendar year shall be deemed to be a permanent sign and shall meet all requirements for a permanent sign.
(1) 
No portable sign shall exceed 32 square feet and no portable sign shall be over seven feet in height from grade level.
(2) 
All portable signs shall have a minimum setback from the front property line of 10 feet or an additional setback as deemed necessary by the Plan Commission for the safe flow of vehicle or pedestrian traffic.

§ 350-106 Administration and enforcement.

A. 
Zoning administrator. The Zoning Administrator is hereby designated as the Administrative and Enforcement Officer for the provisions of this section. The Village Clerk can act as the Zoning Administrator's representative in the administration and enforcement of this article. The Zoning Administrator can seek counsel with the Planning Commission regarding the administration and enforcement of this article. The Zoning Administrator shall examine all applications for permits for the erection of signs, issue permits and denials, authorize the continued use of signs which conform with the requirements of this code, record and file all applications for permits with any accompanying plans and documents, make inspections of signs in the Village of New Auburn, and make such reports as the Village may require.
B. 
Should any sign be erected or constructed that fails to meet all requirements of this article or any applicable building or electrical code, notwithstanding the fact that the owner thereof was granted a permit with which to construct it or, in other cases, that no permit was required under this article, the Zoning Administrator may provide notice to the owner of the premises upon which it is located that the sign be rebuilt to standards and that the owner or his or her agent shall have 30 to 90 days in which to do so. The failure to do so shall result in the loss of the sign permit in cases where a sign permit is required. Signs that are subject to this subsection shall, if not rebuilt or reconstructed by the owner, be treated by the Village as abandoned or dilapidated signs, subject to removal by the Village in accordance with this article.
C. 
Violations of this article, if uncorrected in accord with the requirements of the notice provided by the Village, shall be subject to imposition of a forfeiture in the amount of not less than $100 for each day such a violation continues, with each day constituting a separate violation.
D. 
Each violation of the requirements of this article pertaining to permanent signs is deemed by the Village to create a public nuisance which endangers the health, safety, and general welfare of the citizens of the Village. Correspondingly, in addition to or as a complete alternative to pursuing the imposition of a forfeiture for violations of this article, the Village may seek injunctive relief against the continued maintenance of such signs, requesting of the court that it order removal or authorize the Village to do so at the expense of the owner of the premises on which the offending sign is located.

§ 350-107 Special exceptions and sign variance/appeals.

A. 
Special exceptions.
(1) 
Applicability and procedure. Following submittal of a complete special exception application, the Plan Commission may grant a special exception to one or more requirements in this article. The application requirements and procedure for, and other requirements associated with, a special exception shall be the same as those for a conditional use permit under § 350-102, except as follows:
(a) 
The application for special exception shall also include materials required to obtain a sign permit under § 350-95B.
(b) 
The criteria for consideration of a special exception shall be those in Subsection A(2) below.
(2) 
Criteria. No special exception shall be granted unless the Plan Commission finds that the sign(s) authorized thereby, as limited by an enforceable condition, will meet all of the following criteria:
(a) 
Is consistent with the purpose and intent of this chapter and this section.
(b) 
Will not negatively affect the reasonable use and development of nearby properties of the community.
(c) 
Is compatible with existing signage on and visible from the subject site and not significantly exceeding the height, area, or quantity of such existing signage.
(d) 
Is proportional with the scale of the subject site and the building(s) and use(s) on the subject site to which the sign relates or advertises.
(e) 
Is not hazardous, harmful, or otherwise adverse to the natural environment and aesthetic value of the site, nearby properties, and the community.
(f) 
Will not negatively affect the safe and efficient installation, use, and maintenance of public facilities serving the area, including but not limited to roadways, sidewalk and paths, and utilities.
(g) 
Is supported by evidence that normally applicable requirements do not provide for sufficient visibility for the proposed signage or use(s) it advertises, such as a highway visibility study for freestanding signage that exceeds normally applicable height or area requirements.
B. 
Sign permit variance and appeal.
(1) 
In the event that any of the requirements herein contained cause undue or unnecessary hardship on any person, firm or corporation, a variance from such requirements may be applied for to the Zoning Board of Appeals. An application for variance must be made within 10 days after receipt of notice that the sign involved does not conform to the Ordinance and not less than 45 calendar days before a scheduled Board of Appeals meeting. In the event that the appeal is not made in writing to the Board within such ten-day period, a variance may not be granted. The Zoning Board of Appeals is to take action on any variance request within 60 days of receipt of the variance application. The Zoning Administrator shall comply with and enforce the Zoning Board of Appeals decision.
(2) 
The Zoning Administrator's failure to either formally grant or deny a sign permit within 30 days of the date an application meeting the requirements of this chapter is filed shall be cause for appeal to the Zoning Board of Appeals.