(A) In order that the spirit of this zoning code may be observed and substantial justice done, the Zoning Board of Appeals shall, upon application or appeal, after conducting a public hearing and upon making a finding of fact, owing to special conditions, find that a literal enforcement of the provisions of this subchapter would result in unnecessary hardship, may vary the conditions of this subchapter.
(B) Variances.
(1) The Zoning Board of Appeals shall hold public hearing on each variance, appeal or special use requested. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Proper notice procedures shall be followed.
(2) The Zoning Board of Appeals shall not grant any graphic variance unless, based upon evidence presented to the Board, the Board determines that:
(a) The proposed variance is consistent with the spirit and purpose of this subchapter, and will not cause injury to the area in which the sign, street graphic or billboard is located or be detrimental to the public welfare in any way;
(b) Strict application of the requirements of this subchapter would result in great practical difficulties or hardship to the applicant;
(c) The plight of the applicant is due to peculiar circumstances not of the applicant’s own making;
(d) The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship while protecting the broader public interest;
(e) The proposed variance will provide a better aesthetically pleasing look; prevent obstruction of view; or match the design, look and layout of other signs, street graphics and billboards (as applicable) located on the same property on which a previous variance was granted.
(Ord. 2013-22, passed 11-25-2013)