The Board of Zoning Appeals shall have the following authority and responsibilities under this chapter:
(A) The Board of Zoning Appeals may grant a variance from the development standards of this chapter in accordance with this chapter only if the "practical difficulties" are special physical conditions that are due to the exceptional narrowness, shallowness, shape, topography or other unique characteristic of the property that impairs the visibility of the sign from the street or highway or makes compliance with the development standards of this chapter infeasible.
(1) The existence of nonconforming signs in the general area shall not be justification for a variance, because the intent of this chapter is to bring properties into compliance with the provisions of this chapter.
(2) In order to qualify for a variance, the petitioner shall provide the Board with evidence to indicate the minimum relief necessary to preserve the spirit and intent of this chapter. This evidence shall address the peculiarities of the property and shall not be related to the type of business or to the owner.
(B) Whenever the Board grants a conditional use or use variance application, the Board shall determine any limitation on signs necessary to preserve the spirit and intent of this chapter.
(Ord. 07-2604, passed 1-7-08) Penalty, see § 98.99