It is recognized that the regulations provided in this chapter cannot, in each and every case, sensitively handle all of the sign situations that may arise within the unique range of properties found in the Village. Therefore, sign variations may be requested pursuant to the following procedures and requirements:
(A) Application: An applicant for a sign variation shall file a written request with the Village Manager on a form provided by the Village, which shall include, in addition to the sign permit application and other information required by Section 4-3-6 of this chapter:
1. Name and address of the applicant;
2. Location of the property for which the sign variation is sought;
3. Specific sections of this chapter for which a variation from the strict application of the same is being sought;
4. Full and detailed explanation of the grounds for the variation request;
5. Plans, along with site plans, elevations, and materials, as appropriate, depicting the proposed sign or signs, drawn to scale, with dimensions shown;
6. Legal description of the property on which the proposed sign shall be located;
7. Disclosure of beneficiaries and/or, if the applicant is a trust, then a trust disclosure; and
8. Any other pertinent information that the Village may require.
(B) Filing Fee: A uniform filing fee of two hundred fifty dollars ($250.00) shall be paid to the Village upon the filing of each application for sign variation for the purpose of defraying expenses related to processing and consideration of the request.
(C) Review And Transmittal: Upon receipt of a completed application, the Village Manager on a form provided by the Village, which shall include, in addition shall transmit copies of the application to the Planning and Zoning Commission for review and consideration.
(D) Notice: Notice of consideration by the Planning and Zoning Commission of the sign variation request shall be given at least seven (7) days prior to the meeting at which the Planning and Zoning Commission will consider the variation request by first class mail or hand delivery to the applicant, adjacent property owners, and any other persons the Community Development Department or Planning and Zoning Commission determines may be directly affected by the proposed variation. For purposes of this section, “adjacent property owners” are owners of property that touch the parcel which is the subject of the sign variation application, or would touch the parcel if there were no streets or alleys. The notice shall contain the date, time and place of the meeting at which the proposed variation shall be considered, the street address or common description of the property involved and a brief statement of the sign variation sought.
(E) Consideration: The application shall be considered by the Planning and Zoning Commission at a public meeting within sixty (60) days after the completed application has been filed. At the time of consideration, the applicant and all those interested persons in attendance shall be afforded an opportunity, the length and conditions of which shall be prescribed by the Planning and Zoning Commission, to speak on the variation.
(F) Standards And Limitations:
1. The Planning and Zoning Commission may recommend the granting of a variation from the provisions of this chapter only when all of the following standards are met:
(a) The literal interpretation and strict application of the provisions and requirements of this chapter would result in practical difficulties or particular hardships to the sign owner because of unique circumstances or unusual conditions pertaining to the construction, alteration, maintenance, repair or remodeling of a specific sign, or pertaining to the building or parcel or property in question. Unique circumstances or unusual conditions include, but are not limited to, circumstances and conditions relating to building or sign design, the history of the signage at the property and/or the size, shape, topography, or location of the property;
(b) The proposed variation will not impair visibility to adjacent properties, create dangerous traffic situations through line of sight problems or otherwise, or otherwise be materially detrimental to the public welfare or injurious to other nearby property or improvements;
(c) The proposed variation will maintain and/or enhance the historic (if applicable) and architectural character of a site or building;
(d) The proposed variation will not alter the essential character of the neighborhood and will result in a sign that is harmonious with the character of the applicable zoning district;
(e) The unique circumstances or unusual conditions applying to the specific property and sign do not apply generally to other properties and signs in the Village;
(f) The purpose of the proposed variation is not based exclusively upon a desire to achieve a higher profit from the property; and
2. Notwithstanding the existence of the sign variation procedure set forth in this section, no relief shall be available in the form of a sign variation from the provisions regarding illumination of signs in the B2 Central Business District.
(G) Findings And Recommendations:
1. Following consideration of an application for a sign variation, the Planning and Zoning Commission shall submit its written findings of fact and recommendation to the Board of Trustees. All findings and recommendations of the Planning and Zoning Commission shall be advisory and all final decisions for variations to this chapter shall rest with the Board of Trustees.
2. The Planning and Zoning Commission may, in its recommendation to the Board of Trustees on the proposed variation, impose and attach such conditions and restrictions upon the subject sign and property benefited thereby as may be necessary or appropriate to comply with the standards set forth herein, to carry out the spirit and purpose of this chapter, to protect adjacent property and property values, and to ensure traffic and public safety. Conditions may include, but are not limited to, conditions relating to the design, style, size, color and materials of the sign, its location on the property, and its construction and use. The Board of Trustees shall not be bound by any recommended conditions or by the absence thereof if the Board of Trustees determines that imposition of conditions is appropriate.
3. The Planning and Zoning Commission, may, at its discretion, require that the applicant seek review before the Preservation Commission for signs on properties with historically significant structures.
(H) Board Of Trustees Decision: After recommendation by the Planning and Zoning Commission, the Board of Trustees shall, by ordinance, approve the variation, approve the variation with modification, deny the variation, or refer the proposed variation back to the Planning and Zoning Commission for further consideration.
(I) Effective Period Of Variation:
1. No sign variation shall be valid for a period longer than one year from the approval date of the ordinance granting the variation unless a permit for the erection or alteration of the sign is obtained within such period and the erection or alteration of the sign is started within such period and proceeds to completion in accordance with the terms of such permit.
2. Where it appears a sign for which a variation has been granted will not be completed within one year from the approval date of the ordinance granting the variation, and conditions have not substantially changed since the date on which the variation was authorized, the owner of a property for which a variation has been authorized may, within six (6) months prior to expiration of said variation, request the Board of Trustees to extend the effective period of said variation for no more than one additional period of up to one year without reapplication to the Planning and Zoning Commission.
3. Where the specific business or business use associated with the variation terminates or changes after approval, such termination or change of use shall operate as a termination of the variation and the sign thereafter shall conform to the provisions and requirements of this chapter. A transfer of the business or interest in the business without a change in the business name or use shall not cause a termination to occur.
4. A sign variation shall terminate if a sign for which a variation has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the sign at the time of destruction or damage.
5. In the event such damage or destruction is less than fifty percent (50%) of the replacement cost of the sign, the variation shall be valid only if such restoration is started within six (6) months from the date of partial destruction and restoration proceeds and does not cease for a period in excess of sixty (60) days and completion is accomplished within one (1) year from the date of partial destruction. Where a sign subject to a variation is restored pursuant to this subsection, it must be restored in full conformance with the previously approved variation and any conditions previously imposed on the variation.
6. Any alteration or additional nonconforming change sought to or beyond an originally approved variation shall require the applicant to return to the Planning and Zoning Commission with a new application specific to the alteration or additional variation sought.
(J) Effect Of Variation: All actions of the Board of Trustees taken under this section shall be construed as administrative actions for the purpose of ensuring that inequities in specific situations may be avoided by granting a variation and shall not be construed as amendments to the provisions of this chapter unless otherwise provided by the Board of Trustees. (Ord. 2874, 4-16-2015; amd. Ord. 4048, 2-16-2023)