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<br />SECTION 2. Sections 3-16.7(D), Appeals, and 3-16.10(G), Appeals, of Article <br />XVI, Signs, of the City of Casselberry Unified Land Development Regulations relating to <br />appeals are hereby repealed. Section 3-16.7(E), Discontinued Signs, is hereby <br />renumbered as 3-16.7(D). <br /> <br />SECTION 3. Article XVI, Signs, of the City of Casselberry Unified Land <br />Development Regulations is hereby amended by adding the following sections: <br /> <br />Section 3-16.13 AD Deals to Board of Adiustment. <br /> <br />A. Whenever it is alleaed that there has been an error in an order. action. decision. <br />getermjnation. or reauirement bv the Administrative Official in the enforcement <br />and aoolication of anv orovision contained within this article or anv other <br />orovision of this Code oertainina to sian oermits (includina anv alleaation that the <br />8dministrative Official has failed to act within aoolicable time frames). the <br />aaarieved DartY mav file a written aooeal with the Board of AQiustment. <br /> <br />B. The written aooeal shall be filed with the Board of Adiustment within thirtY (30\ <br />davs of the date of the alleaed error. The written aooeal $hall describe the <br />alleaed error and the aoolicable orovisions of the Code oertainina to the <br />&lministrative Official's order. action. decision. determination. reauirement. or <br />failure to act. <br /> <br />C. The Board of Adiustment shall hold a hearina within fortY-five (45) calendar davs <br />!QjJowina receiot of the written aooeal. not countina the dav of the receipt and not <br />countina anv Saturdav. Sundav. or leaal holidav which falls uoon the first or the <br />fortY-fifth dav after the date of receil2t <br /> <br />D. The Board of Adiustment shall render a written decision within ten (10\ davs <br />followina the hearina. <br /> <br />E. If the Board of Adiustment does not render a decision within ten (10\ davs <br />followina the hearina. the sian oermit shall be deemed denied. <br /> <br />F. Failure to aooeal the deQision reaardina a sian aoolication bv the Administrative <br />Official or desianee to the Board of Adjustment shall not be deemed a failure to <br />exhaust administrative remedies. The aoolicant mav choose to oroceed directly <br />to a iudicial action once the sian aoolication has been denied bv th~ <br />8dministrative Official or desianee. <br /> <br />G. If an administrative aooeal is filed bv the aoolicant. and the Board of Adiustment <br />fails to meet within the oroscribed time. the aooeal will be deemed denied. and <br />the decision of the Administrative Official or desianee reaardina the sian <br />aoolication will be deemed a final decision subiect to immediate aooeal to a court <br />of com Detent iurisdiction. <br /> <br />H. Once a decision is aooealed to the Board of Adiustment. the Administrative <br />Official or desianee shall take no further action on the matter oendina the B~~rd'; <br /> <br />Ordinance No. 08-1237 <br />Page 7 <br />