§ 118-1413. Variances.

(a)

A variance may be granted from the regulations contained in this article, including the adopted design standards, by the planning and zoning board provided, in addition to complying with the requirements of division 4, article II, chapter 118 of the Code, the planning and zoning board concludes that literal enforcement of the provisions of this article, including the adopted design standards, would result in unnecessary and unreasonable hardships for the property at issue and that the granting of a variance is consistent with sound and generally accepted land use planning principles and practices. In order for a variance to be granted, the planning and zoning board must also find that, by granting the variance, the remaining regulations will protect the public safety and welfare of the city. Except as provided in this section, all variance requests pertaining to this article shall be submitted, reviewed, advertised, granted, denied or granted with conditions pursuant to division 4, article II, chapter 118 of the Code. Appeals of the decision of the planning and zoning board shall be pursuant to division 5, article II, chapter 118 of the Code.

(b)

In considering the grant of a variance from the standards and regulations imposed by this article, the planning and zoning board shall not grant a variance if the request is based solely on the following:

(1)

Compliance with this article will not allow the property or business owner to maximize profits; or

(2)

As to sign and landscaping requirements, visibility of the business is not maximized.

(Ord. No. 03-30, § 2, 9-17-03)