(A) The Village Zoning Board of Appeals is authorized to grant variances from the strict application of this chapter. The procedures used to apply for and grant a variance will follow the provisions of §§ 157.240 through 157.247. The fee for a sign variance request shall be the actual cost of the meeting or $50, whichever is more. There are two types of variances: dimensional and non-dimensional.
(B) The Zoning Board of Appeals may grant variances for dimensional cases only when the ZBA finds that all the criteria identified below apply in a specific case.
(1) Compliance with the strict letter of the regulation applied to sign size, setbacks, location, height, or other dimensional provisions would otherwise render compliance with the regulation unnecessarily burdensome. The applicant must show more than a mere inconvenience to justify a variance under this provision.
(2) Granting the requested variance would give substantial justice to the applicant by considering the public benefits intended to be secured by this chapter, by considering the result of the individual hardships that will be suffered by a failure of the ZBA to grant a variance, and by considering the rights of others whose property would be affected by the allowance of the variance.
(3) Granting the requested variance will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance.
(4) There are unique circumstances or conditions applicable to the property that do not exist generally throughout the village.
(5) Granting the variance will not be contrary to the public purpose and the general intent and purpose of this chapter.
(C) The Zoning Board of Appeals may grant variances for non-dimensional cases only when the ZBA finds that the applicant has submitted evidence that all the criteria identified below apply in a specific case.
(1) Failing to grant a variance will result in substantially more than an inability to attain a higher financial return.
(2) There are unique circumstances or conditions applicable to the property that do not exist generally throughout the village.
(3) Granting the variance will not alter the essential character of the area surrounding where the approved land use exists and will not create a hazard or public nuisance.
(4) Granting the variance will not be contrary to the public purpose and the general intent and purpose of this chapter.
(D) The Zoning Board of Appeals will grant no variance when the sign is for a use that is not permitted in a zoning district by right, by special land use approval, or by nonconformity.
(1984 Code, Ch. 6-03) (Ord. 272, passed 1-28-1997; Ord. 464, passed 5-11-2021)