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(a) The Norwood Board of Zoning Appeals shall be considered the Appeal Board in connection with all approval of conditional signs and appeals taken from requirements of this Chapter and with respect to administrative acts on the parts of those charged with the enforcement of this Chapter.
(b) The board shall not permit any sign which is prohibited by Section 1321.07.
(c) Any person who is directly affected by any order which has been issued in connection with the enforcement of any provision of this Chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board.
(d) A member of the Board shall not participate in any hearing or vote on any appeal in which that member has a direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest.
(e) Appeals Procedure.
(1) An appeal to the Board may be taken by any owner, lessee, or tenant of a structure or building or by any individual directly affected by any decision by the Code Official, or by the enforcement of any provision of this chapter, or by any rule or regulation adopted pursuant thereto. Such appeal shall be in the form of a written petition, filed in the office of the Board within thirty (30) days from the date that the notice was received or before the expiration of time for compliance stated in the notice, whichever is first.
(2) The Board shall have the power to waive, alter or interpret the provisions of this chapter when the following conditions exist:
A. Strict application of the provisions of this chapter would not permit the primary function of the sign to be realized.
B. That the proposed sign is consistent with the spirit and intent of this chapter and the regulations which apply to the zoning district involved.
C. That the proposed sign is in keeping with the character of the surrounding area and would not have an adverse or detrimental effect upon adjacent or surrounding properties.
D. That the proposed sign shall not interfere with or be objectionable from the standpoint of traffic safety.
(3) Each petition for an appeal to the Board shall be accompanied by a fee listed in Table 1305.05(l) to partially compensate the City for the direct and indirect expenditures, costs and extra work occasioned by the filing and prosecution of the appeal. Such filing fee shall be in addition to the payment of other regular permit fees and any other fee which thereafter may accrue, and no portion of such filing fee shall be refunded whatever the outcome of the appeal.
(f) The Board shall meet within thirty (30) days after the filing of any appeal or request for action with the Secretary of the Board. Notice of the hearing shall be sent to the petitioner ten (10) days prior to the meeting by priority mail return receipt requested. Three (3) board members shall constitute a quorum. All hearings shall be public; and any person whose interests may be directly affected by the matter on appeal shall be given an opportunity to be heard either in person or by attorney. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the Board, and shall be a public record.
(g) In exercising its power, the Board may, in conformity with the provisions of statute and this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination of the Code Official, as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
The Board shall act by resolution; and the concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Code Official, or to decide in favor of a petitioner in any matter on which it is required to pass under this Chapter. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the Code Official. The action by the Board is final. The Board shall provide the appellant and the Code Official with written order of its determination within fifteen days after the hearing.
(h) The Secretary of the Board shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Board.
(i) The Code Official shall take immediate action in accordance with the decision of the Board.
(j) Any owner, lessee, or tenant of any building, structure or equipment either jointly or severally aggrieved by any decision of the Board may pursue an appeal under Ohio Revised Code Chapter 2506 within fifteen (15) days after the date of the Board's decision.
(Ord. 15-2017. Passed 5-23-17.)