The Street Graphics Review Board shall not recommend, nor shall the City Council grant, a variance unless it finds:
(A) The street graphic for which the variance is sought, or the building or premises on which such graphic is situated is subject to special conditions or circumstances peculiar to such graphic, building or premises;
(B) The special conditions or circumstances are such that a variance is essential to prevent great practical difficulty and/or hardship, and to make possible the reasonable use of the building or premises;
(C) The proposed street graphic variance is the minimum variance which will permit such reasonable use;
(D) In the case of the downtown business area of special control, that granting the variance will not result in the maintenance or erection of a street graphic which is not harmonious with the theme and character of the mall and other redevelopment projects;
(E) The granting of the variance will be consistent with the purposes and intent of this chapter, and will not be injurious to the area in which the graphic will be located or otherwise detrimental to the public welfare; and
(F) A variance rather than an amendment to this chapter is the more appropriate mechanism to handle the situation; the primary criterion for this determination shall be the degree of peculiarity of the conditions or circumstances engendering the variance request.
(1960 Code, § 53-6-8) (Ord. 3427, passed 3-7-1977; Ord. 3468, passed 11-8-1977)