(A) When requesting a permit, the applicant may apply to the Code Administrator for a variance from the requirements of this code. A variance may be granted by the Council where the literal application of the code would create practical difficulties for the sign user and all of the following criteria are met:
(1) The applicant proposes to use the property in a reasonable manner not permitted by this code;
(2) The variance does not alter the essential character of the neighborhood;
(3) Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property has had no control. The unique circumstances do not result from the actions of the applicant;
(4) The granting of the variance is in harmony with the general purposes and intent of this code;
(5) The variance is consistent with the Comprehensive Plan; and
(6) Economic conditions alone do not constitute practical difficulties.
(B) In granting a variance, the Council may attach additional conditions necessary to carry out the spirit and purpose of this chapter in the public interest. The conditions must be directly related to and must bear a rough proportionality to the impact created by the variance.
(C) Refer to § 163.326 for the process and procedure to follow for obtaining a variance.
(Prior Code, § 415.13) (Ord. 2007-08, passed 5-16-2007; Ord. 2011-09, passed 8-17-2011; Ord. 20210421-01, passed 4-21-2021)