(A) In order to provide flexibility in the enforcement of this chapter and to alleviate hardship and injustice, the City Council may, upon application, grant a variance from the terms of this chapter. Fees for such application will be in an amount to be determined by the Council from time to time and listed in Ch. 35 of this code of ordinances and must be filed with the Building Inspector at least 15 days prior to the appropriate Planning Commission meeting.
(B) Upon application therefor from the person seeking a permit for the erection or installation of a sign, the Building Inspector and Planning Commission, serving as the Board of Adjustment and Appeals, shall hold a public hearing and make a finding of fact and may grant such variation based upon consideration of the following:
(1) The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved;
(2) The condition involved is unique to the particular parcel of land involved;
(3) The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the parcel;
(4) The granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements to the neighborhood; and
(5) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the Police and Fire Departments of the city.
(1992 Code, § 330:115)