(A) Variations.
(1) Generally. If specific standards or requirements contained in this Chapter 158 preclude a proposed sign from being erected or modified, the applicant may request a variation. Such a variation requires a public meeting on the matter before the village's Planning and Zoning Board ("PZB").
(2) Procedure. A petitioner seeking a variation shall file in the office of the Community Development Director a written petition requesting that a meeting be convened and setting forth a brief statement of the grounds. At the time of filing said petition, a sign variation review fee as found in § 158.15, shall be submitted. Upon receipt of such petition the Community Development Director shall set a time and place for such meeting before the Planning and Zoning Board, and give the petitioner notification thereof. The petitioner shall be required to publish notice of the meeting in a newspaper of general circulation in the community not more than 30, nor less than 15, days prior to the scheduled meeting. No additional notice to adjoining or nearby landowners is required as signs and variations are determined to affect all persons within the community on an approximately equal basis. The village may, but is not required, to also post the property with signage denoting the pending petition.
(3) Meeting. At such meeting, the petitioner shall be given an opportunity under oath to be heard and show why relief from such provisions should be granted. Any citizen may also testify under oath for or against the petition or any aspect thereof.
(4) Standards for consideration. When considering a petition for such a variation, the PZB shall consider the general objectives outlined in § 158.01(C) as well as the standards for a variation outlined in §§ 32.01 through 32.07 of the Winthrop Harbor Municipal Code, including demonstration of a hardship that was not created by the applicant, as to why the variation should be granted.
(5) Motions. At the conclusion of the PZB's discussion, the Chair shall ask for a motion to approve or deny the petition. Following the second of such a motion, the Chair shall request a roll call vote. The majority of the members present shall prevail on such a motion.
(6) Additional terms and conditions. In granting such a request, the PZB shall have the right to impose any and all such further conditions upon the erection and display of such signs as they may deem to be in the best interests of the village. Any such conditions shall be imposed by incorporation into the motion described hereinabove.
(7) Limitations. If granted, a variation must be acted upon within six months, as demonstrated by the issuance of a valid sign permit, or the variation shall become null and void.
(C) Finality. Decisions of the PZB made under the provisions of this section shall be final administrative decisions, subject to review and appeal pursuant to the provision of the Administrative Review Act, ILCS Ch. 735, Act 5, § 3-101 et seq.
(Ord. 2010-O-1, passed 1-5-10; Am. Ord. 2015-O-15, passed 5-19-15)