(A) Requirements. The Town Council may grant variances under this chapter; provided, the Town Council makes a finding of fact based upon the standards hereinafter prescribed that the application of the strict letter of this chapter will create practical difficulties or particular hardships for the owners or long-term lessees of buildings and/or land under the jurisdiction of this chapter.
(B) Application for variance.
(1) Applications for variances may be filed by any person having an ownership or leasehold interest in any real estate in the area under the jurisdiction of this chapter. The application for variance shall be filed with the Town Clerk who shall forward a copy of the application to the Town Council and the Signage Review Board. The application shall be submitted a minimum of 21 days prior to the regularly scheduled Town Council meeting in order to be included on the agenda. The applicant shall submit such number of copies of the application as the Town Council may prescribe from time to time.
(2) The application shall be in such form and contain such information as the Town Council may prescribe from time to time, but shall in all instances contain the following:
(a) The name and address of the applicant and the owner of the property in question;
(b) A legal description and street address of the property in question;
(c) A concise written statement explaining the nature of the variance being sought and justification for the variance in accordance with the standards set forth in divisions (E) and (F) below; and
(d) Photographs and/or scale drawings as may be appropriate.
(C) Notice and hearing. The Town Council shall hold a public hearing following proper public notice for each variance request as part of its regular public meeting schedule. Following the hearing, the Town Council shall transmit to the Town Clerk and Signage Review Board a written report giving its findings.
(D) Variance standards for existing signs. With respect to existing signs, a variance from the amortization regulations of this chapter shall not be granted unless evidence is presented and the Town Council finds that:
(1) Because of the age, cost or unique characteristics of the sign(s) in question, the strict enforcement of the amortization regulations as set forth in this chapter would impose an undue hardship on the applicant;
(2) The proposed variance would not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship not generally applicable to other properties in the area under the jurisdiction of this chapter;
(3) The waiver of amortization requirements or an extension in the period of amortization would not have a detrimental affect on the town; and
(4) The proposed variance is in harmony with the spirit and intent of this chapter.
(E) Variance standards for new signs. With respect to the erection of new signs, a variance from the regulations set forth in this chapter shall not be granted unless evidence is presented and the Town Council finds that:
(1) The proposed variance will not be materially detrimental to the town or other nearby property;
(2) The property in question will suffer some demonstrable and irreversible hardship if made to conform to the strict letter of this chapter;
(3) The alleged hardship has not been created by anyone presently having a proprietary or leasehold interest in the property; and
(4) The proposed variance is in harmony with the spirit and intent of this chapter.
(F) Action by Town Council. After receiving the report of the Signage Review Board and following the hearing as required above, the Town Council may grant the proposed variance, may deny the proposed variance, or may refer the proposed variance back to the Signage Review Board for further consideration.
(G) Fees. An application for variance shall be accompanied by a fee in the amount of $10. All fees shall be paid in cash or by check payable to the town.
(H) Administrative remedies. It is specifically provided that the failure to apply for and seek a variance from the requirements of this chapter under this section shall work as a bar to challenging this chapter or its requirements in court.
(Ord. 250A, passed 9-4-2001)