A.
Purpose. The purpose of this article is to establish the procedure
and criteria that the City will use in making decisions on applications
for a variance from the provisions of these regulations.
B.
Intent. This chapter is intended to keep signage to an effective
minimum based on pedestrian and relevant traffic speeds. It is recognized,
however, that unique conditions involving topography, nonconforming
uses and/or structures, size or shape of property or building design
may exist. Variances are intended, under this Code, to grant the minimum
increases in signs and area which are necessary to advertise effectively.
Changes in corporate policy are not considered a basis for variances.
C.
Authority. The Zoning Board of Appeals, as established by Chapter 240, Zoning, is hereby given the power and authority to grant variances upon application where it appears that there are practical difficulties or unnecessary hardship in the way of carrying out the provisions of these regulations.
D.
Application. All applications for variances shall be in writing on
forms provided by the Code Enforcement Officer. Eight copies shall
be submitted.
E.
Variance decision. Where the Zoning Board of Appeals finds that hardships
or practical difficulties may result from strict compliance with this
chapter or the purposes of this chapter are better served by an alternative
proposal, the Board shall be authorized to grant variances from the
provisions of this chapter. Variances may be granted in individual
cases upon the consideration by the Zoning Board of Appeals of the
following criteria:
(1)
The granting of the variance will not have the effect of nullifying
the intent and purpose of this chapter;
(2)
The granting of the variance will not cause a substantial detriment
to the public health, safety, or general welfare or be injurious to
other property;
(3)
The variance shall be the minimum necessary to meet the needs of
the applicant;
(4)
The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property;
(5)
There are extraordinary and exceptional conditions pertaining to
the particular property in question due to topographical conditions
of the specific property involved, sight distance, sight distance
due to vehicular traffic, physical surroundings, or shape, that would
result in a particular hardship to the owner, as distinguished from
a mere inconvenience, if the strict letter of these regulations were
carried out;
(6)
Such special circumstances are not the result of actions of the applicant.
F.
Time limitation. A variance automatically expires and is void if
the applicant fails to file for a sign permit within six months of
the date the variance was granted. In the event of unforseen circumstances,
the Director of Planning and Economic Development may permit an extension
of the variance without reapplication to the Zoning Board of Appeals.
[Added 10-1-2018]
B.
Notwithstanding
any provision of this Code to the contrary, for a preexisting nonconforming
sign to comply with the Sign Code of the City of Corning and to be
issued a preexisting nonconforming sign permit, the property and sign
are required to comply with the following restrictions:
(1)
The
sign must have been erected on or before January 7, 2013.
(2)
The landowner must apply for a permit with the City of Corning, within twelve months of the effective date of this section, and the Code Enforcement Officer must issue this permit if the Code Enforcement Officer finds that the sign complies with § 180-23B(1) and (3) of this chapter. The applicant shall be charged a preexisting nonconforming sign permit fee, as specified in § 180-8B of this chapter.
C.
If a sign fails to satisfy the requirements of Subsection B of this section, the sign shall be subject to the penalties and enforcement remedies outlined in § 180-3 of this chapter (including but not limited to summary removal), or otherwise available to the City pursuant to the Code and other applicable law, and the sign shall not qualify for a variance under § 180-22 of the Code.
