(a) The Zoning Board of Appeals shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the board's authorization shall be as set forth herein.
(b) The Zoning Board of Appeals shall be permitted to approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:
(1) Signage would not be visible to motorists because of existing buildings, trees, or other obstructions.
(2) Environmental concerns, such as the alteration of topography, filling of wetlands, obstruction of natural drainage ways would be impacted by the sign.
(3) A larger sign would be more appropriate because of the scale of the building.
(4) The variance requested is the minimum variance necessary to facilitate the intent of the signage regulations.
(5) The necessity for the variance was not created by the property owner or the owner's authorized agent.
(6) The granting of a variance is not based solely on economic hardships.
(7) The granting of a variance will not be injurious to the public health, safety or welfare.
(8) The grant of a variance will not grant any special privilege to the property owner or the owner's authorized agent.
(c) The Zoning Board of Appeals shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.
(Ord. 16-20. Passed 3-17-20.)