By Becky Polaski

Staff Writer

Many area business owners recently requested revisions to the city’s sign ordinance after being notified that their businesses are in violation. While business owners have the right to request these revisions, they also each are able to pursue an appeal process for the ordinance and request that a variance be granted for their specific situation. 

“You can appeal the denial of any sign permit or any zoning permit to the Zoning Hearing Board,” City Zoning Officer Matt Pfeufer said. “However there are specific criteria which need to be proven at the hearing.”

Pfeufer noted that the cost of a hearing is fairly expensive so beforehand he walks the applicant through the criteria that the Zoning Hearing Board is going to look at and helps them come up with an idea of how they could meet those criteria if they chose to pursue the issue.

“I like to go through it beforehand so they don’t walk into a hearing unprepared and so they have a pretty good idea of how the hearing is going to go,” Pfeufer said. “But I cannot give them a yes or a no. I cannot speak for the board. All I can do is advise them and they are absolutely free to completely disregard what I advise.”

According to the City of St. Marys Zoning Ordinance, the Zoning Hearing Board may grant a variance, provided that the following findings are made where relevant in a given case:

• That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this Ordinance in the neighborhood or zone in which the property is located;

• That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance, and that the authorization of a variance is therefore necessary to enable reasonable use of the property;

• That such unnecessary hardship has not been created by the applicant;

• That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare;

• That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue;

• That variances within the Floodplain Zone shall comply with Section 230.11. of this Ordinance; and,

• In grant any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in Part 7.

 Pfeufer added that, if as he is reviewing the information with the individual, he comes to the realization that the business does not meet those criteria he can advise the business owner of this but they can disregard his recommendation and still pursue a hearing.

“The hearing fee is not refundable,” Pfeufer said. “I would rather not see them waste their time and money for something which may not be approved.”