1281.16 VARIANCES AND FEES.
   (a)   A variance from any provision of this chapter, except sign area, may be granted by the Board of Zoning Appeals. A variance from any sign area provision may be granted by the Planning Commission. In either event, the variance shall only be granted where the strict interpretation of this chapter would create an unusual and unnecessary hardship on the property owner or occupant due to the unique location or physical characteristics of the property, if such variance would not adversely affect the public interest in any substantial manner, and if the relevant physical characteristics of the property were not caused by a current or previous owner or occupant. Intentional acts by an owner or occupant officially approved by the City of Springboro shall not act as a bar to the determination of a hardship.
   (b)   In the event that a sign is established in violation of any provision of this chapter, no application for a variance allowing such sign shall be accepted, processed or reviewed by the Board of Zoning Appeals while the illegal sign remains in place.
   (c)   Following disapproval by the Board of Zoning Appeals of an application or request for a variance, no subsequent application requesting the same variance shall be filed by any applicant, whether or not the same person, firm or corporation, until the expiration of 12 months after the disapproval.
   (d)   Applications for variances shall bear the current nonrefundable fee set forth in Appendix A of Chapter 1464 of the Codified Ordinances.
(Ord. O-21-6. Passed 6-17-21.)