(a) The Sign Board of Appeals shall be established for the purposes of interpreting and carrying out the provisions of this chapter, except for questions of construction requirements for which the Construction Board of Appeals shall have jurisdiction.
(b) Appeal.
(1) Application by Aggrieved Person. Any person aggrieved by a notice or order of the Building Official issued in connection with any alleged noncompliance with or violation of this chapter or any applicable rules and regulations pursuant to this chapter may appeal to the Sign Board of Appeals by filing with the Village Clerk an application, on a form provided by the Village, to appeal setting forth reason for contesting the notice or order.
(2) Application Filing. The application to appeal must be filed within twenty (20) days after issuance of the notice or order being contested.
(3) Time of Hearing. Within forty-five (45) days after filing of an application to appeal, the Sign Board of Appeals shall conduct a hearing. The Village shall set the time and place of the hearing and notify the applicant at least fifteen (15) days prior to the hearing date.
(c) Action of Sign Board of Appeals.
(1) Power. The Sign Board of Appeals shall have the power to modify or reverse, wholly or partly, the notice or order given under this chapter, grant variances and grant extensions of time for the performance of any act where the Sign Board of Appeals finds such extension is in harmony with the general purpose of this chapter to secure the public health, safety and welfare.
(2) Necessary Vote. The concurring vote of a majority of the members of the Sign Board of Appeals shall be necessary to reverse, wholly or partly, or modify any order, requirement, decision or determination of the Building Official or to decide in favor of the applicant any matter upon which it is required to pass or to grant any variance to the requirements of this chapter.
(3) Period of Validity. No order or variance of the Sign Board of Appeals permitting the erection or alteration of a sign, except for an interpretation made by the Sign Board of Appeals shall be valid for a period longer than six (6) months from the date of approval, unless a permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(4) Site Plan Transferability. A variance granted shall be valid only under a site plan or layout of the property which was considered by the Sign Board of Appeals. A variance granted shall run with the land and shall be transferable to a new owner.
(5) Reconsideration. After a variance has been denied in whole or in part by the Sign Board of Appeals, such application shall not be resubmitted for a period of one (1) year from the date of the last denial. However, a denied variance may be reconsidered by the Sign Board of Appeals when, in the opinion of the Sign Board of Appeals, newly discovered evidence or materially changed conditions warrant such reconsideration.
(6) Certificates of Approval. In authorizing a variance or extension, the Sign Board of Appeals may attach conditions it determines to be reasonable, necessary or appropriate to further the purposes and spirit of this chapter and to protect the public health, welfare and safety.
(d) Stay. An appeal made under this section shall stay all proceedings in furtherance of the action appealed from unless the Building Official certifies to the Sign Board of Appeals, after the application to appeal has been filed, that a dangerous condition or emergency exists, in which case the proceeding shall not be stayed except by a restraining order or by the circuit court.
(e) Standards for Variance.
(1) Findings of Fact. A variance to this chapter may be granted by the Sign Board of Appeals when it determines competent material and substantial evidence presented supports all the following affirmative findings:
A. Special Conditions. That special conditions or circumstances exist which are peculiar to the land, structure or building involved and which are not generally applicable to other lands, structures or buildings in the same district;
B. Unreasonable Limitation. That literal interpretation or application of the provisions of this chapter would unreasonably prevent, limit or obscure the placement of a sign on the property or adversely affect vehicular or pedestrian traffic;
C. Substantial Justice. Allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by the chapter, the individual difficulties that will be suffered by a failure of the Sign Board of Appeals to grant a variance, and the rights of others whose property would be affected by the allowance of the variance, and will be not contrary to the public purpose and general objectives and spirit and intent of this chapter.
(2) Support of Findings. The findings of fact in subsection (1) of this section shall be made by the Sign Board of Appeals, which is not empowered to grant a variance without an affirmative finding of fact in each of the categories listed in subsection (1) of this section. Every finding of fact shall be supported in the record of the proceedings of the Sign Board.
(Ord. 2008-06. Passed 7-14-08; Ord. 2012-08. Passed 12-10-12; Ord. 2019-01. Passed 1-14-19.)