§ 3382.05. Variance.

Any request for a variance from this Graphics Code shall be heard and decided by the graphics commission as provided by this Graphics Code.

A.

The graphics commission shall have the power, upon application, to grant a variance from one or more provisions of this Graphics Code. No variance shall be granted unless the commission finds that a hardship exists, based upon special physical conditions which:

1.

Are due to exceptional shallowness, shape, topographic conditions or other extraordinary situations peculiar to the premises itself; or

2.

Differentiate the premises from other premises in the same zoning district and the general vicinity; or

3.

Prevent a reasonable return in service, use or income compared to other conforming premises in the same district; and

4.

Where the result of granting the variance will not be injurious to neighboring properties and will not be contrary to the public interest or to the intent and purpose of this Graphics Code.

B.

In granting a variance, the graphics commission may impose such requirements and conditions regarding the location, character, and other features of the graphics as the commission deems necessary to carry out the intent and purpose of this Graphics Code and to otherwise safeguard the public safety and welfare.

C.

Nothing in this Graphics Code shall be construed as authorizing the commission to affect changes in the Zoning Map or to add to the uses permitted in any zoning district.

(Ord. 2837-96 § 10 (part).)