(a)

Purpose. The sign variation process is to provide a narrowly circumscribed means by which relief may be granted from applications of this Ordinance that create practical difficulties or particular hardships.

(b)

Authority and Execution. The Village Board, after a public hearing and recommendation from the Appearance Review Commission, will take formal action on requests for sign variations.

(c)

Procedure.

(1)

Application and Review by the Zoning Administrator. All applications are filed with the Zoning Administrator in accordance with the requirements of Section 30-4.2 (Application). Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Appearance Review Commission.

(2)

Action by the Appearance Review Commission.

(A)

The Appearance Review Commission must consider the sign variation application within a reasonable time of receipt of a complete application. The Appearance Review Commission must then conduct a public hearing on a variation application in accordance with Section 30-4.4 (Public Hearing). If, in the Appearance Review Commission's judgment, the sign variation application does not contain sufficient information to enable the Commission to properly discharge its responsibilities, the Appearance Review Commission may request additional information from the applicant.

(B)

The Appearance Review Commission will evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Section 30-5.5.(d) below.

(C)

The Appearance Review Commission shall not recommend the granting of any sign variation unless there is a concurring vote of a majority of all members, with a minimum of four (4) concurring votes required.

The Appearance Review Commission must forward its recommendation to the Village Board within a reasonable time. The recommendation of the Appearance Review Commission may specify such conditions to satisfy the approval standards and to reduce or minimize any injurious effect of such sign variation upon other property in the neighborhood.

(3)

Action by the Village Board. The Village Board must consider the sign variation within a reasonable time of receipt of the Appearance Review Commission's recommendation. The Village Board may take action in the form of approval, approval with conditions or denial.

(d)

Approval Standards for Variations. No sign variation may be recommended for approval by the Appearance Review Commission and approved by the Village Board unless findings have been made, where the evidence presented in the particular case shows that:

(1)

Unusual Circumstances. A variation will serve to relieve the petitioner from an unusual difficulty due to the location, topography, or circumstances on the petitioner's property, or a peculiar attribute existing on the neighboring property which directly affects the petitioner's property.

(2)

Character and Appearance. A variation will be consistent in design and scale with other signs nearby, and will not alter the essential character of the commercial streetscape in the vicinity of the subject property.

(3)

Not Self-Created. The plight of the property owner was not created by the owner and denial of the variation will impose undue hardship or difficulty on the owner's ability to conduct business on the subject property.

(4)

Health, Safety, and Welfare. A variation will not create a traffic or safety hazard and will not impair the utility of neighboring properties' signage.

(5)

Purpose of Ordinance. A variation is in harmony with the purpose and intent of the Sign Ordinance.

(Code 1993, § 20-5.5)