826.24 VARIANCES AND FEES.
(a) A variance from any provision of this chapter except message area or allowable message area may be granted by the Board of Zoning Appeals 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. Intentional acts by an owner or occupant officially approved by the City of Springboro shall not act as a bar to the determination of a hardship.
(b) The City Planning Commission shall have authority to approve variances from the provisions of this chapter as part of its comprehensive review and approval of a planned unit development, if a comprehensive signage plan is submitted by the developer prior to final approval of the planned unit development. In such cases, the Planning Commission shall endeavor to maintain consistency with this chapter to the maximum extent feasible.
(c) Neither the Board of Zoning Appeals or Planning Commission shall have 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.
(d) 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 Board of Zoning Appeals while the illegal sign remains in place.
(e) Following disapproval by the Board of Zoning Appeals of an application or request for a variance, no subsequent application requesting the same variance shall be filed by any applicant, whether or not the same person, firm or corporation, until the expiration of twelve months after the disapproval. (Ord. 96-38. Passed 7-11-96.)
(f) Applications for variances shall bear the current nonrefundable fee set forth in Appendix A of Chapter 1464 of the Codified Ordinances.
(Ord. 02-55. Passed 11-7-02; Ord. 03-42. Passed 8-21-03.)
(g) Although these sign regulations are business regulations and not zoning, the notice and hearing procedures provided by Ohio law for zoning variances shall be utilized for sign variances under this chapter. Defects in the administration of such notice and hearing procedures shall not invalidate any action of the City Planning Commission, Board of Zoning Appeals or City Manager/designee pursuant to this chapter.
(Ord. 96-38. Passed 7-11-96.)