07-1230 Electronic & Animated Sign Moratorium

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effect of permitting the construction, operation or erection of an electronic sign or animated sign, unless an application for a permit, development order or any other official action of the City was properly filed with the City of Casselberry on or before 5:00 p.m. on Tuesday, November 13, 2007, except as provided in subsection (c) below and Section 5 of this Ordinance; and (c) The imposition of the moratorium is not intended to affect nor does it affect: (i) either the processing of any application for permit or the issuance of a development order, or any other official action of the City, within the Moratorium area for which any application for permit was properly filed with the City of Casselberry on or before 5:00 p.m. on Tuesday, November 13, 2007; (ii) the processing of any application for permit, or the issuance of a development order, for the maintenance of any electronic sign or animated sign that was in lawful existence and operation as of Tuesday, November 13, 2007. SECTION 5. ALLEVIATION OF EXTRAORDINARY HARDSHIP. (a) The City Commission may authorize exceptions to the moratorium imposed by this Ordinance when it finds, based upon substantial competent evidence presented to it, that deferral of action on an application for permit, development order, or other official action of the City for the duration of the moratorium would impose an extraordinary hardship on a landowner or petitioner. (b) A request for an exception based upon extraordinary hardship shall be filed with the City Manager or designee, including a non-refundable fee of $350.00 by the owner/petitioner, or the petitioner with the consent of the owner/petitioner, to cover processing and advertising costs, and shall include a recitation of the specific facts that are alleged to support the claim of extraordinary hardship, and shall contain such other information as the City Manager shall prescribe as necessary for the City Commission to be fully informed with respect to the application. (c) A public hearing on any request for an exception for extraordinary hardship shall be held by the City Commission at the first regular meeting of the City Commission that occurs after the expiration of the period for publication of notice of the request for an exception. (d) Notice of filing of a request for an exception, and the date, time, and place of the hearing thereon shall be published once at least 7 days prior to the hearing in a newspaper of general circulation within the city limits of the City of Casselberry, Florida. (e) In reviewing an application for an exception based upon a claim of extraordinary hardship, the City Commission shall consider, at a minimum, the following criteria: (1) The extent to which the applicant has, prior to Tuesday, November 13, 2007, received City of Casselberry permits or approvals for the electronic sign or animated sign. Ordinance 07-1230 Page 4