Board of Zoning Appeals: Notwithstanding any contrary language in this code, the City's Board of Zoning Appeals shall have jurisdiction to hear requests for a variance relating to the height, area, and setback of signs from the otherwise applicable terms of Sections 1250.31 and 1250.32 of the Codified Ordinances.
Any appeals pursuant to this provision shall be governed by the procedural requirements otherwise applicable to other appeals to the City's Board of Zoning Appeals.
In granting such a variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.
The Board of Zoning Appeals may grant a variance only if it finds that all of the following apply:
(a) That the literal enforcement of the requirements of this chapter would involve practical difficulties based on the presence of special conditions and circumstances which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district. A finding of such special conditions or circumstances shall be based on a review of factors including but not limited to the following:
(1) Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter or amendment; or
(2) Exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or
(3) The impact on the property of uses or development of immediately adjoining property or properties.
(4) Whether the applicant was aware of the relevant code limitation when the property was sold or leased to it.
(5) Whether the property in question will yield a reasonable rate of return in the absence of the proposed variance, or whether there can be any beneficial use of the property without the proposed variance.
(6) Whether the issue could be resolved by some other method, even if this alternate method is less convenient or most costly to achieve.
(b) That granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this chapter, and is the minimum variance necessary to provide relief.
(c) That the variance would not adversely affect the delivery of governmental services ( e.g., water, sewer, garbage).
(d) That the variance as granted would not confer on the applicant any special privilege, or deprive the applicant of rights, when compared with those rights commonly enjoyed immediately adjoining properties;
(e) That the variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable.
(Ord. 40-2013. Passed 4-9-13.)