§ 270-18. Appeals., Chapter 270. Signs, Part II. General Legislation, Code of Ordinances, New Rochelle

The Building Official or his designee shall serve as an advisor to the Municipal Art Commission, which shall hear appeals from denials of sign permits.

[Amended 3-28-2017 by Ord. No. 58-2017]

Any person denied a sign permit may request an appeal therefrom by the filing of a petition and payment of the fee set forth in Chapter 133, Fees, and shall be granted a hearing on the matter before the Municipal Art Commission. Such petition shall set forth a brief statement of the grounds therefor and shall be filed in the office of the Building Official within 30 days after the notice of denial was issued.

Upon receipt of such petition, the Municipal Art Commission shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced within 45 days after the day on which the petition was filed, provided that upon application of the petitioner the Municipal Art Commission may postpone the date of the hearing if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.

After such hearing the Municipal Art Commission shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with. If the Municipal Art Commission sustains or modifies such notice, it shall be deemed to be an order.

In all cases where said Municipal Art Commission shall grant a variance of any provisions or requirements of this chapter, such Municipal Art Commission shall find:

(1)

That there are special physical conditions, fully described in the findings of the Municipal Art Commission, applying to the land or building which is the location of the sign requiring said variance, which circumstances or conditions are peculiar to such land or building or sign and do not apply generally to land or buildings or signs in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter, whether in violation of the provisions hereof or not.

(2)

That, for reasons fully set forth in the findings of the Municipal Art Commission, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of a sign and the granting of the variance is necessary for the reasonable use of said sign and that the variance as granted by the Municipal Art Commission is the minimum variance that will accomplish this purpose.

(3)

That the granting of the variance under such conditions as the Municipal Art Commission may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Reserved)

Editor’s Note: Former Subsection F, regarding applications to the Planning Board that require a sign variance, was repealed 3-28-2017 by Ord. No. 58-2017.

In all cases where the Municipal Art Commission grants a variance from the strict application of the requirements of this chapter, it shall be the duty of the Municipal Art Commission to attach such conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter.

The proceedings at all hearings of the Municipal Art Commission, including the findings and decision of the Municipal Art Commission, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Building Official. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Municipal Art Commission may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.