The Planning and Zoning Commission shall have the power to do the following:
(A) Appeals. Hear and decide appeals by the sign permit applicant where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this subchapter;
(C) Criteria for decision. The Planning and Zoning Commission shall have the power to grant a variance from the provisions or requirements of this subchapter only where the following criteria have been considered:
(1) The literal interpretation and strict application of the provisions and requirements of this subchapter would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or property in question;
(2) The granting of the requested variance would not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(3) The granting of the variance would not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish or impair property values within the adjacent area;
(4) The unusual conditions applying to the specific property do not apply generally to other buildings or properties in the city; and
(5) The granting of the variance will not be contrary to the general objectives set forth in § 152.019.
(D) Determination of conditions. In granting a variance, the Commission may impose any conditions regarding the location, character or other features of the proposed sign as it may deem necessary to carry out the purpose and intent of this subchapter and §§ 152.205 through 152.220 or 152.230 through 152.233.
(Ord. 10-3277, § 3-2.2, passed 1-4-2010; Ord. 17-3555, passed 7-17-2017)