(A) General.
(1) The Village of Lake Orion Board of Zoning Appeals (BZA) pursuant to the Village Zoning Ordinance shall be authorized to grant variances and hear appeals regarding any sign regulation from an interpretation or administrative decision of an official of the Village of Lake Orion or a decision made by the Planning Commission.
(2) Except as modified herein, the application notice processes and proceedings shall be as provided in the Village Zoning Ordinance. Such a variance request shall be published in a newspaper of general circulation a minimum of five days and maximum of 15 days prior to the scheduled meeting and notice shall be sent to all properties within 100 feet of the site for which a variance is requested.
(B) Required findings. The BZA shall determine whether the application shall be granted for a variance upon a showing of the following:
(1) The variance would not be contrary to the public interest or general purpose and intent of this chapter;
(2) The variance does not adversely affect properties in the immediate vicinity of the proposed sign; and
(3) The petitioner has a practical difficulty resulting from the unusual characteristics of the property that precludes reasonable use of the property.
(C) Considerations. When determining whether an application complies with the variance standards above, the BZA shall consider the following, however, the BZA may decline to grant a variance even if the following considerations exist:
(1) Permitted signage could not be easily seen by passing motorists due to the configuration of existing buildings, trees, or other obstructions, which cannot be legally and/or practically removed.
(2) Permitted signage could not be seen by passing motorists in sufficient time to permit safe deceleration and exit. In determining whether such circumstances exist, the BZA shall consider the width of the road, the number of moving lanes, the volume of traffic, and speed limits.
(3) Existing signs on nearby parcels would substantially reduce the visibility or advertising impact of a conforming sign on the premises.
(4) A conforming sign would require removal/severe alteration to natural features on the premises, including: tree removal, natural topography alteration, wetland filling, or natural drainage course obstruction.
(5) A conforming sign would obstruct the vision of motorists or otherwise endanger the health or safety of passers-by.
(6) The sign is clearly distinguishable from public safety and traffic signs so as to not cause confusion or mislead the public.
(7) The sign is compatible in appearance with the visual character of the surrounding area, i.e. scale and placement to the building, color relationships, and dissimilarity of shape and lettering.
(8) Such a sign variance may further be granted in those instances in which there has been a demonstrated showing by the applicant that the particular sign sought to be approved is suitable to the village or has some value that comports with the history or development of the community and would not, if a variance were granted, be materially in conflict with applicable underlying district regulations.
(D) Appeals. As provided in the village's zoning ordinance, any applicant who is denied relief hereunder has the right to an appeal to the Oakland County Circuit Court within the applicable limits established by this chapter or state law. Such an appeal will only be on the basis of the decision from which the appeal has been taken.
(Ord. 14.21, passed 5-23-18)