§ 34-329. Variances.

(a)

Variances from the strict interpretation of this article may be granted by the village council, for good cause shown, following a quasi-judicial public hearing, with due public notice and an opportunity to be heard. Further, the planning, zoning and building director is hereby granted the power and authority to grant administrative variances from section 34-328 for window signs in excess of the maximum 25 percent coverage for business identification purposes only. An administrative variance may not exceed 35 percent aggregate window coverage, and may not include commercial or advertising messages.

(b)

It is the intent of the village council to review sign variance requests, based upon the anticipated impact on the community, as well as the requirements of the applicant, and to balance the needs of each. For purposes of this section, an applicant for a sign variance shall demonstrate "good cause" by complying with a majority of the following five criteria:

(1)

Special and unique conditions exist which are peculiar to the applicant's case and which are not generally applicable to the property located within the zoning district or neighborhood involved, such as natural or manmade sight limitations from the public rights-of-way.

(2)

The special and unique conditions are not directly attributable to the actions of the applicant.

(3)

The literal interpretation of this article, as applied to the applicant, would deprive the applicant of rights commonly enjoyed by persons who are similarly situated.

(4)

The variance granted is the minimum variance necessary for the applicant to make reasonable use of the property.

(5)

Granting the variance is not detrimental to the public welfare, or injurious to property or improvements in the zoning district or neighborhood involved.

(c)

No variance shall be granted by the village council which has the effect of permitting a sign or a sign structure expressly prohibited by section 34-262. In no event shall a variance be granted from section 34-328 that allows 100 percent window sign coverage. The application shall be on a form provided by the village clerk and accompanied by a filing fee as specified by resolution of the village council. Each application for a variance under this section shall be in writing and shall justify and detail the reasons for the request for a variance using the five variance criteria contained in subsection 34-329(b). The application shall be signed by the applicant and the sign company, if any, who is responsible for creating and installing the sign for which the variance is being sought.

(d)

An application for a variance under this section shall be deemed abandoned 30 days after the date the planning, zoning and building department ("department") notifies the applicant of any deficiencies contained in the application. The department may, upon written request and justification by the applicant, grant not more than one 30-day extension. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void. Permit fees and charges paid at the time of application, and plan review fees, shall be refunded, except that an administrative fee shall be retained.

(e)

Each application for a variance of the provisions of this article shall first be reviewed by the land development director for technical sufficiency and compliance with this section. Variance applications which are deemed to be technically insufficient and/or incomplete by the land development director shall not be processed. Variance applications which are determined to be technically sufficient and complete shall be scheduled for review by the village council at a public hearing. Prior to the hearing, the land development director shall provide the village council with a written recommendation regarding the disposition of the variance application based upon an analysis of the variance criteria of this section and the contents of the variance application.

(f)

At a quasi-judicial hearing on the variance application, the village council may grant the variance, grant the variance with conditions or deny the application. The final decision of the village council on the variance application shall be set forth in a resolution rendered by the village council which shall contain findings of fact and conclusions of law. Any applicant aggrieved by a decision of the village council may appeal the final decision as provided by the Florida Rules of Appellate Procedure.

(g)

Prior to September 13, 2018, any business owner with a window sign or window covering that is not permissible by the provisions of Ordinance 2018-01, may submit a request to be included in a one-time village-initiated administrative variance process. Said variance shall not be subject to the limitations on window coverage as set forth in paragraph (a) of this section and be subject to the standard criteria for sign variance requests set forth in subsection (b), above. If approved by the planning, zoning and building director, said variances shall apply to existing window signs or window coverings only, which may only be replaced with conforming signs/coverings, unless a subsequent variance is granted per the procedures outlined in this section 34-329.

(Code 1994, § 30-220; Ord. No. 2007-08, § 3, 4-26-2007; Ord. No. 2015-13, § 2, 5-14-2015; Ord. No. 2018-01 , § 6, 7-12-2018)