[Amended 8-15-2006 by Ord. No. 06-02]
The variance procedures set out in this section are instituted to provide an opportunity for the relaxation of the terms of this chapter where it would not be contrary to the public interest and where, owing to the conditions peculiar to the sign request and not the result of the action of the applicant, literal enforcement of the chapter would result in an unnecessary and undue hardship. In seeking a variance the following procedures shall apply:
(1)
An applicant for a variance shall file a written request with the City building inspector setting forth the specific variance requested and the reasons for the variance.
(2)
The building inspector shall investigate the request and prepare a written recommendation regarding the request for the Zoning Board of Appeals.
(3)
The applicant shall be afforded an opportunity to appear before the Zoning Board of Appeals in support of the request for a variance.
(4)
The Zoning Board of Appeals shall not approve an application for a variance unless it finds that:
a.
Strict enforcement of this chapter would cause unnecessary hardship and deprive the applicant of rights enjoyed by similarly situated City residents or businesses.
b.
The conditions and circumstances of the applicant are unique and not applicable to other City residents or businesses.
c.
The conditions and unique circumstances were not created by the applicant.
d.
The requested variance will not confer special privileges that are denied other similarly situated residents or businesses.
e.
The requested variance is not contrary to the spirit and intent of this chapter.