(A) Appeal procedure; application for appeal. Any person shall have the right to appeal to the Sign Appeals Committee from a decision of the code official refusing to grant a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a sign or sign structure. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction can be used.
(B) Sign appeals committee.
(1) Membership of Committee- The Sign Appeals Committee shall consist of five members including the Mayor, a Village Trustee and three residents of the village.
(2) Chairman- The Committee shall annually select one of its members to serve as chairman.
(3) Disqualification of member- A member shall not hear an appeal in which the member has any personal, professional, or financial interest.
(4) Secretary- The Village Administrator shall designate a qualified clerk to serve as secretary to the Committee. The secretary shall file a detailed record of all proceedings in the office of the Village Administrator.
(5) Procedure- The Committee shall adopt and make available to the public, through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
(C) Jurisdiction and authority.
(1) The Sign Appeals Committee shall review all applications and amendments to this chapter and report said findings and recommendations to the Village Board in the prescribed manner.
(2) The Sign Appeals Committee shall receive from the code official their recommendations, as related to the effectiveness of this chapter, and report any conclusions and recommendations to the Village Board on an as-needed basis.
(3) Committee decision - The Committee shall make recommendations to the Village Board upon the concurrence of three or more members of the Committee decision of the committee. The Village Board may grant or deny the application.
(4) Resolution - The decision of the Village Board shall be by ordinance. Certified copies shall be furnished to the applicant and to the code official.
(5) Administration- The code official shall take immediate action in accord with the decision of the Village Board.
(6) Court review- Any person, whether or not a previous part of the appeal, shall have the right to apply to the appropriate court for a write of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
(Ord. 2243, passed 11-21-05)