12-1-5: MODIFICATIONS AND VARIANCES:
No sign may be erected, constructed, altered, or relocated that does not comply with the regulations of this title unless a modification or variance is applied for and approved in accordance with this section.
   A.   Authority: A sign variance may be authorized after a review by and recommendation from the Planning and Zoning Commission is forwarded to the Village Board, who will make a final decision on an application. However, certain administrative modifications may be approved by the Village Manager.
   B.   Definition And Applicability Of Administrative Modifications And Sign Variances:
      1.   A sign variance may only be approved by the Village Board. An administrative modification may be approved by the Village Manager. Applications eligible for an administrative modification are defined in this section.
      2.   Administrative modifications that may be approved by the Village Manager are limited to the following:
         a.   A modification to the maximum sign area or maximum sign height of no more than ten percent (10%).
         b.   Reduction in the required sign setback of no more than one foot (1').
         c.   Modifications or additions to the permitted sign materials.
         d.   Modifications to the required sign landscape area and landscape materials.
      3.   All other requests that are not administrative modifications are sign variances, where the Planning and Zoning Commission makes a recommendation and the Village Board makes a final decision.
   C.   Process: All applications for an administrative modification or sign variance must be filed with the Village Manager as part of a complete sign permit application. Once it is determined that the application is complete, the Village Manager will forward a copy of the application to the Planning and Zoning Commission in the case of a sign variance or process the application himself/herself in the case of an administrative modification.
      1.   Administrative Modification:
         a.   The Village Manager will approve, approve with conditions, or deny the requested administrative modification. The Village Manager's decision must be based on evaluation of the application pursuant to the approval standards of subsection D of this section.
         b.   The Village Manager may also, at his/her discretion, determine that, because of its nature, a proposed administrative modification application, even if it meets the criteria of subsection B of this section, must be resubmitted in accordance with the procedures for a sign variance in subsection C2 of this section with no additional fee.
         c.   If the Village Manager denies the application for an administrative modification, the applicant may appeal the decision to the Planning and Zoning Commission by resubmitting the application as a sign variance. No new fees for the sign variance are required. Appeals must be filed within thirty (30) days of receipt of the Village Manager's decision.
      2.   Sign Variance:
         a.   Upon receipt of a complete application, the Planning and Zoning Commission will review the application and forward its recommendation to the Village Board.
         b.   The Planning and Zoning Commission recommendation and the Village Board's decision must be based on evaluation of the application pursuant to the approval standards of subsection D of this section.
         c.   The Planning and Zoning Commission may recommend and the Village Board may impose additional conditions and restrictions upon the location and construction of the sign as necessary to protect the public health, safety, and welfare.
         d.   The Village Board will consider the sign variance after receipt of the Planning and Zoning Commission recommendation. The Village Board will approve, approve with conditions, or deny the sign variance.
   D.   Approval Standards: Approval of an administrative modification or sign variance must be based on the evaluation of the request pursuant to the following approval standards:
      1.   The proposed sign is compatible with the character of the surrounding area.
      2.   The proposed sign is not detrimental to the development of the surrounding area.
      3.   The proposed sign is not detrimental to the public health, safety, and welfare.
   E.   Expiration:
      1.   The sign variance or administrative modification is considered part of the sign permit and is subject to the expiration provisions for the sign permit.
      2.   A sign variance or administrative modification is issued for the specific sign on the specific site indicated on the sign permit. Once such sign is removed or replaced, the sign variance or administrative modification is null and void. (Ord. 2017-4-198, 4-17-2017)