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Board denies permanent-banner signage variance at 350 East Brockway Avenue
Summary
The Board of Zoning Appeals denied a request to treat a vinyl banner as a permanent wall sign at 350 East Brockway Avenue, concluding the application did not establish the necessary hardship to permit the material variance.
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The Morgantown Board of Zoning Appeals denied a variance request May 21 that would have allowed a vinyl banner already attached to 350 East Brockway Avenue to stand as a permanent wall sign.
Planning staff explained that banners are treated as temporary signs under the city's sign regulations and that the applicant sought a materials variance to treat a 23-foot-by-3-foot vinyl banner as a permanent wall sign. Staff did not object to the applicant submitting for a permanent freestanding or wall sign that met code, but the board found the submitted justification insufficient to grant a materials exemption.
Board members debated the appropriate remedy and the fact the banner was already installed. Several members said a permanent business should install a permanent sign that meets the code. One board member said the city typically allows a 30– to 60‑day window for temporary signage while businesses transition to permitted signage.
During deliberation the board rejected the applicant’s proposed findings of fact and then voted not to grant the variance request. The chair told the applicant the denial will be followed by written notification from planning in seven to 10 business days and reminded the applicant the decision is appealable to the Circuit Court of Montague County within 30 days; work during the appeal period is at the applicant’s sole financial risk.
The denial does not prevent the business from pursuing a code-compliant permanent sign; it only denies the request to treat the existing vinyl banner as an acceptable permanent wall sign.

