The Board of Zoning Appeals shall have authority to hear appeals and consider variance applications as provided under Chapter 1137 of the Zoning Code. The affirmative vote of four (4) members shall be required to sustain an appeal. The affirmative vote of four (4) members shall be required to approve a variance.
(a) A variance for location of the sign only, may be granted by the Board of Zoning Appeals (BZA) 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.
(b) The BZA shall not have the authority to approve any sign with a message area exceeding that permitted by this chapter, or to permit the total message area to exceed the allowable message area permitted by this chapter. Only changes to the placement or location of a sign shall be granted by the BZA.
(c) 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 BZA while the illegal sign remains in place.
(d) Following disapproval by the BZA of an application or request for variance, no subsequent application requesting the same variance shall be filed by the applicant, whether or not the same person, firm or corporation, until the expiration of twelve (12) months after disapproval.
(e) Applications for variances shall bear a nonrefundable fee in the amount established on the City's fee schedule for zoning variances.
(f) Although these sign regulations are business regulations and not zoning regulations, the notice and hearing procedures provided by Ohio law for zoning variances shall be utilized for sign variances under this chapter.
(Ord. 7-2009. Passed 2-2-09.)