(A) Authorization of variations.
(1) All requests for variations in requirements herein set forth or appeals from any rulings of any officer of the Village shall be directed to the Zoning, Planning, and Appeals Commission of the Village, and following its receipt of the recommendation of the said Zoning, Planning, and Appeals Commission, the decision of the President and Board of Trustees shall be final with regard to any such request.
(2) The Zoning, Planning, and Appeals Commission, after a public hearing, may recommend that the President and Board of Trustees vary the regulations of this chapter in harmony with the general purpose and intent of this chapter so that such variances as may be granted shall be granted by ordinance and will not be contrary to the public interest. Furthermore, such variances may be authorized only in those specific instances involving size, shape, topography, and/or location upon the lot upon which the sign is proposed to be placed, as set forth in the application for sign variation and then only after the said Zoning, Planning, and Appeals Commission has made findings of facts based upon the standards set forth in division (D) of this section, which findings indicate that, owing to specific conditions, a literal enforcement of the provisions of this chapter will produce practical difficulties or a particular hardship for the petitioner, in such an individual case.
(B) Special exceptions.
(1) Intent.
(a) It is the intent of this chapter to encourage well-designed signs which are compatible with their surroundings. There are certain types of signs which are not in common use throughout the Village or which may be peculiar to a particular type of activity, and which may be deemed to be desirable, under controlled circumstances, or for the public convenience. Under the general regulations of this chapter, however, such signs may not be generally permitted or may be restricted in such a manner as to affect the utility of such signs.
(b) Additionally, it is recognized that the size of the signs which provide adequate identification in the more pedestrian-oriented or business district differs from that necessary in vehicular-oriented areas where the traffic is heavier, travel speeds are higher, and the required setback is greater. Thus, instances may occur where strict application of the provisions of this chapter may deprive a person of the reasonable use of a sign.
(c) This division provides means of approval of special exceptions to the provisions of this chapter whereby specified deviations from the general sign regulations may be allowed in order to permit such signs, without need of proof of hardship, provided that the proposed size, location, and design of such signs are compatible with their surroundings.
(2) Authorized exceptions. Signs requiring special exception shall be limited to the following signs:
(a) Projecting signs, when such signs do not project over a public right-of-way, other than a pedestrian alley, are pedestrian-oriented, and are of a carved or hand painted artistic nature. The mounting brackets of such signs shall be an integral part of the sign and complementary to the design of the sign.
(b) Wooden wall- mounted signs either carved or hand painted;
(c) Low profile planter- type signs other than ground base or monument signs as herein defined which contain no copy other than the business name or logo type;
(d) Kiosks or similar structures when such structures are located within primarily pedestrian-oriented circulation areas. Such structures shall be permitted only in shopping centers and shall be subject to the approval of such other Commissions as may be deemed advisable by the Building Administrator;
(e) Banners of a community-oriented nature, when such banners are hung in pedestrian-oriented commercial districts;
(f) Signs pertinent to various religious institutions and units of local government including Illinois school districts and the Village in the community, when such signs may or may not be located on the premises of the uses being named and may or may not contain illumination.
(3) Standards. It shall be the responsibility of the Building Administrator to see to it that any proposed sign and/or sign structure for which a special exception is sought shall meet each and every one of the following requirements:
(a) The proposed sign shall not be contrary to the intent of this chapter;
(b) The proposed sign shall be in accordance with the intent of this section;
(c) The proposed sign shall comply with all applicable provisions of this chapter, unless any such provisions are expressly permitted to be varied by the special exceptions procedure;
(d) The proposed sign is reasonably necessary, and the degree of the exception is the minimum necessary to accomplish the purpose of the sign itself; and
(e) The sign will not result in adverse effects upon the neighboring properties, or the health, safety, and general welfare of the public.
(C) Application.
(1) The petitioner shall file an application for a variation or special exception on forms provided by the Building Administrator, who shall forward a copy, without delay, to the Village Clerk for processing and notice.
(2) The application for a variance or special exception shall contain the following informa-tion as well as such additional information as may be prescribed by rule of the Zoning, Planning, and Appeals Commission:
(a) The particular requirements of this chapter which prevent the proposed use or construction of such sign;
(b) The characteristics of the subject property which prevent compliance with the said requirements of this chapter;
(c) The minimum requirements which would be necessary to permit the proposed use or construction of such sign;
(d) In the case of variations, the practical difficulty or particular hardship which would result if the aforesaid particular requirements of this chapter were applied to the subject property and/or the proposed sign thereon;
(e) A legal description of the subject property;
(f) The commonly known location (address) of the subject property;
(g) The present zoning classification of the subject property.
(3) At the time of filing, the application for a variation or special exception shall be accompanied by:
(a) Proof of ownership, proof of authority on behalf of the owner, or current contract to purchase or lease the subject property;
(b) Payment of public hearing fee of $300; and
(c) Such additional charges as may be necessary to cover the cost of court reporter fees.
(D) Processing variance applications.
(1) Application filed. Upon receipt by the Village Clerk of a copy of the application for variation that has been duly filed with the Building Administrator, the Village Clerk shall assign the case and/or docket number to the petition and shall main-tain a file for such petition, which file shall be open to the public for inspection during regular business hours. All documents pertinent to the case (application, legal notice, evidence, exhibits, report of proceedings, and the like) shall be placed in said file by the Village Clerk.
(2) Not more than 30 days nor less than 15 days before the hearing on which the application for variation is to be considered, the Village Clerk shall cause notice thereof to be published in one or more newspapers published in the Village or, if no news-paper is published within the Village, then in one or more newspapers with a general circulation within the Village. The notice herein required shall contain:
(a) The legal description of the subject property for which the variation is requested;
(b) The address of the subject property for which the variation is requested;
(c) A brief statement of the nature of the requested sign variation;
(d) The name(s) and address(es) of the legal and/or beneficial owner(s) of the property for which the variation is requested;
(e) The name(s) and address(es) of the petitioner(s);
(f) The name of the legal representative of the petitioner, if any; and
(g) A statement of the date, time, and place of the hearing for which the notice is being given.
(3) Hearing. Any party in interest may appear and be heard at the hearing held pursuant to any such application for a sign variation, and such appearance may be made in person, by agent (if a corporation), or by attorney.
(E) Variance standards.
(1) The Zoning, Planning, and Appeals Commission shall not vary the regulations of this chapter unless it shall make findings of fact based upon evidence presented at the hearing in any given case that:
(a) The property in question cannot yield a reasonable return if a sign may be permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located;
(b) The plight of the owner is due to unique circumstances, and the proposed sign varia-tions will not merely serve as a convenience to the petitioner but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other property within the same zoning district;
(c) The alleged hardship has not been abated by any person presently having a proprietary interest in the subject property;
(d) The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;
(e) The proposed variation will not alter the essential character of the neighborhood; and
(f) The proposed variation is in harmony with the spirit and intent of this chapter.
(2) The Zoning, Planning, and Appeals Commission shall not grant a special exception from the regulations of this chapter unless the special exception is authorized by this section and meets the standards set forth in division (B)(3) of this section.
(F) Variance conditions and restrictions. The Zoning, Planning, and Appeals Commission may recommend and the President and Board of Trustees may impose such conditions and restrictions upon the subject property, the location, the construction, design and use of the sign proposed under such variation request as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.
(G) Action on variation requests.
(1) The Zoning, Planning, and Appeals Commission shall, within 15 days after the close of the hearing, recommend the granting or denial of a request for variance, unless, within such period of time, the Zoning, Planning, and Appeals Commission shall make request to and receive permission from the President and Board of Trustees for an additional 15 days within which to decide or recommend. If, at the expiration of such 15 days, the Zoning, Planning, and Appeals Commission does not make its recommen-dation or decision (as the case may be), it shall be concluded that the Zoning, Planning, and Appeals Commission recommended against granting the requested variance.
(2) Whenever a variation is to be made, it shall be made (if at all) by ordinance duly adopted by the President and Board of Trustees following receipt of the report and recommendation of the Zoning, Planning, and Appeals Commission. The President and Board of Trustees, without further public hearing, may grant or deny any proposed variation or may return the matter to the Zoning, Planning, and Appeals Commission for further consideration.
(3) Any proposed variation which fails to receive the approval of the Zoning, Planning, and Appeals Commission in the form of its favorable recommendation to the President and Board of Trustees shall not be granted except by the favorable vote of two-thirds of all of the President and Board of Trustees.
(H) Compliance required. The subject property for which relief has been granted shall not be used in violation of the specific terms of the relief granted by variation ordinance unless such usage is allowed pursuant to ordinance adopted following additional hearing on a request therefor.
(Ord. 95-1934, passed 6-13-95; Am. Ord. 21-4256, passed 2-18-21) Penalty, see § 10.99