(A) Administration. This subchapter shall be administered by the Economic Development Office according to his or her obvious responsibilities according to the meaning of the language contained herein. Upon a presentation of proper credentials, these persons or their duly authorized representatives may enter at reasonable times any building, structure, or premises in the county to perform any duty imposed upon them by this subchapter.
(B) Right of appeal. Any person aggrieved by any ruling of any person charged with the administration of the subchapter may take an appeal to the appropriate appeal board: Building Board of Appeals or the Zoning Board of Appeals.
(C) Jurisdiction.
(1) Appeals taken from requests relating to construction shall be filed with the Economic Development Office and shall be subject to the procedures established by those respective commissions, and are not subject to the provisions of this section.
(2) In addition to the jurisdiction authorized in § 154.055, the Zoning Board of Appeals hereinafter referred to as “the Board,” is hereby vested with the following jurisdiction and authority:
(a) To hear and decide appeals from and review any order, requirement, decision, or determination made by any person charged with the administration of this subchapter, except appeals relating to the construction as identified under division (C)(1) above. The Board may reverse or affirm, wholly or in part, or may modify or amend the order, requirement, or decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper on the premises, and to that end, the Board shall also have all the power of the officer from whom the appeals are taken;
(b) To hear and decide all matters referred to it or upon which it is required to pass under this subchapter;
(c) To hear and pass upon applications for variances from a strict application of the terms of this subchapter, in the manner and subject to the standards set out in division (F) below.
(D) Provision of regulation. The creation, membership, and meeting rules, application process, and fee, and stay of proceedings provisions for the Board, as established under § 154.055 shall apply to all appeals and variances from this subchapter.
(E) Hearing of appeals.
(1) An appeal of a decision shall be taken within 35 days after such decision is made.
(2) (a) All final administrative decisions of the Board under this section shall be subject to judicial review pursuant to the provisions of the Administrative Review Act of the state, approved May 8, 1945 and all amendments and modifications thereto.
(b) The term “administrative decision” is defined as in the Administrative Review Act.
(F) Variances.
(1) (a) The Board may vary the application of this subchapter in harmony with its general purpose and intent, in accordance with the procedure set forth herein, where there are practical hardships in the way of carrying out the strict letter of any provisions of this subchapter.
(b) Any such variance shall be granted only after a public hearing before the Board.
(2) A variance may be granted only when special circumstances involving size, shape, topography, location, or surroundings affect the property referred to in the application, when denial of said application would cause unreasonable or unnecessary hardship, and when said sign will not cause substantial injury to the value of other property in the vicinity nor be detrimental to the public safety or welfare and the neighborhood in which it is located.
(3) All decisions and findings of the Board, on appeal or upon application for a variance, after a hearing, shall in all instances be final administrative determinations, and shall be subject to review by court as may be provided by law.
(Ord. passed 5-16-2023)