In order to confirm a property owner's ability to exercise his or her First Amendment rights without undue delay, a special process shall be instituted for the appeal of the denial of a Sign Permit for any sign. To the extent that the appeal process of this section conflicts with the provisions of Chapter 1151 of the Zoning Code, the appeal process of this Chapter 1149 shall control.
(a) It shall be the duty of the Zoning Inspector to either approve or deny applications for Sign Permits for signs within seven (7) business days of the date of application. Any aggrieved applicant shall have the right of appeal the denial of a Sign Permit. Such appeal shall be heard by the Board of Zoning Appeals (“BZA”) with the following limitations:
(1) The Board of Zoning Appeals shall have the power to authorize a variance from the strict application of the provisions of this Chapter upon appeal by reasons of exceptional narrowness, shape, topographic conditions, or other extraordinary situation, in order to relieve the undue hardship, provided that the variance can be granted without substantial detriment to the public good and does not substantially impair the intent of these regulations. No variance shall be granted unless the Board finds that the special circumstances or conditions applying to the building or land in question are peculiar to such lot or property, and do not result from the actions of the applicant and do not apply generally to other land or buildings in the vicinity.
(2) The Board may not grant any variances whose effect will be to continue or to permit a hazard to public safety.
(b) Any such appeal must be taken within ten (10) days after the decision of the Zoning Inspector by filing a notice of appeal, stating the grounds for such appeal, with the Zoning Inspector and the BZA. In the alternative, it shall be sufficient to satisfy this requirement to present the notice to the Municipal Manager who shall cause the notice of appeal to be promptly delivered to the Zoning Inspector and the BZA. The Zoning Inspector shall transmit to the BZA all the papers constituting the record upon which the action appealed from was taken.
(c) The Board shall fix a time for the hearing of the appeal not sooner than fifteen (15) days and not later than thirty (30) days from the filing of the notice of appeal. The Board shall give at least ten (10) days' notice in writing to all interested parties and give notice of such public hearing by one publication in one or more newspapers of general circulation in the Village at least ten (10) days before the date of the hearing. The appealing party has the right to waive any and all of the time restrictions imposed on the Board. However, absent such waiver, failure of the Board to act within these time limitations shall be deemed an approval of the application for the Sign Permit.
(d) The Board shall render a written decision on the appeal not later than fourteen (14) days after the date of the public hearing.
(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2016-07-L&R. Passed 10-25-16.)