(A) An appeal from the decision of the Clerk, or Design Review Board pursuant to the terms of this chapter in respect to location, number, design, size, materials, illumination erection, alteration, maintenance or removal of signs, may be taken to the Village Council.
(B) The Village Council may review the decisions of the Clerk or Design Review Board and grant variances from the requirements of this chapter. The Village Council shall have the power and duty to hear, decide and grant or deny the request variance from the provisions or requirements of this chapter only where:
(1) The literal interpretation and strict application of the provisions and requirements of this chapter would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or parcel or property in question;
(2) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
(3) The unusual conditions applying to the specific property do not apply generally to other properties in the village; and
(4) The granting of the variance will not be contrary to the general objectives of this chapter moderating the size, number and obtrusive placement of signs and the reduction of clutter. In granting a variance, the village council may attach thereto such conditions regarding the proposed sign as it may deem necessary to carry out the spirit and purpose of this chapter in the public interest.
(C) A filing of an appeal with the village council shall serve to stay further actions against the owner or erector of the sign in action for the removal thereof, until the decision of the village council is rendered, unless the Clerk certifies thereto that a condition exists which endangers the safety of lives or property and constitutes a danger to the public well-being, in which event such action shall proceed unless enjoined by a court of competent jurisdiction.
(D) The Village Council shall make no decision except in a specific case and after a hearing conducted by the Village Council. The concurring vote of a majority of the membership of the Village Council four members of the Village Council shall be necessary to reverse any order, requirement, decision or determination of the Village Clerk or Design Review Board or to decide in favor of an application of any matter upon which they are required to pass under this chapter, including a request for a variance. A written notice of the time and place of the public hearing shall be mailed by First Class Mail, postage prepaid, at least ten days prior to the date of the hearing, to the owners of record of all lots or parcels of land living within 500 feet of the property in question. A proof of service of such mailing shall be filed prior to the commencement of the hearing. The Village Council shall by resolution make the necessary provisions requiring the applicant to pay the costs required relative to the hearing of the appeal, including costs of mailing and administrative expenses.
(Ord. 246, passed 1-22-18)