A.
Purpose. The purpose of this article is to establish the procedure and criteria that the City will use in making decisions on applications for a variance from the provisions of these regulations.
B.
Intent. This chapter is intended to keep signage to an effective minimum based on pedestrian and relevant traffic speeds. It is recognized, however, that unique conditions involving topography, nonconforming uses and/or structures, size or shape of property or building design may exist. Variances are intended, under this Code, to grant the minimum increases in signs and area which are necessary to advertise effectively. Changes in corporate policy are not considered a basis for variances.
C.
Authority. The Zoning Board of Appeals, as established by Chapter 240, Zoning, is hereby given the power and authority to grant variances upon application where it appears that there are practical difficulties or unnecessary hardship in the way of carrying out the provisions of these regulations.
D.
Application. All applications for variances shall be in writing on forms provided by the Code Enforcement Officer. Eight copies shall be submitted.
E.
Variance decision. Where the Zoning Board of Appeals finds that hardships or practical difficulties may result from strict compliance with this chapter or the purposes of this chapter are better served by an alternative proposal, the Board shall be authorized to grant variances from the provisions of this chapter. Variances may be granted in individual cases upon the consideration by the Zoning Board of Appeals of the following criteria:
(1)
The granting of the variance will not have the effect of nullifying the intent and purpose of this chapter;
(2)
The granting of the variance will not cause a substantial detriment to the public health, safety, or general welfare or be injurious to other property;
(3)
The variance shall be the minimum necessary to meet the needs of the applicant;
(4)
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(5)
There are extraordinary and exceptional conditions pertaining to the particular property in question due to topographical conditions of the specific property involved, sight distance, sight distance due to vehicular traffic, physical surroundings, or shape, that would result in a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out;
(6)
Such special circumstances are not the result of actions of the applicant.
F.
Time limitation. A variance automatically expires and is void if the applicant fails to file for a sign permit within six months of the date the variance was granted. In the event of unforseen circumstances, the Director of Planning and Economic Development may permit an extension of the variance without reapplication to the Zoning Board of Appeals.