The Board of Zoning and Building Appeals may grant variances from the height and area requirements of Sections 1337.06 and 1337.07 where unique physical characteristics of, or character of land uses adjacent to, a property on which a non-conforming sign is proposed to be located demonstrate that literal application of the requirements of said sections will not further the purposes for which this chapter has been enacted or will result in an undue hardship on the applicant and that the restriction on the applicant's use of the property is not justified by any corresponding benefit to public health, safety or welfare. In reviewing applications for a variance, the Board shall conduct its proceedings in the manner provided by the Zoning Code and shall consider the following factors in addition to those required by Section 1165.06(a)(2):
(1) The extent the applicant requires the variance for the effective communication of the sign's message;
(2) Harmony of the proposed sign's use or dimensions with the building or property on which it is to be located;
(3) The degree to which the applicant's request departs from the height, set- back, dimensional and use restrictions of this chapter;
(4) Whether the variance would increase the risk that the vision of vehicular traffic would be obstructed; and
(5) Whether granting a variance would be substantially detrimental to the district or adjacent properties in which the sign is to be located.
The Board may condition the allowance of a variance on such conditions as it deems necessary to assure fulfillment of the objectives of this chapter.
(Ord. 6283. Passed 3-26-02.)