(a) Appeal.
(1) Written decisions. Any written decision by the Planning and Zoning Administrator under Section 826.04
may be appealed to the Board of Zoning Appeals by any person directly and adversely affected, if such appeal is filed within ten days after the date of the decision. A properly filed application appealing the decision of the Planning and Zoning Administrator relative to the legality of a sign under this chapter shall stay all abatement action until a decision on that appeal is made by the Board of Zoning Appeals.
(2) Removal of sign. Any removal of a sign pursuant to Section 826.04
(d)(1) may be appealed to the Board of Zoning Appeals by the owner, if such appeal is filed within ten days after the date of the removal of the sign.
(b) Hardship Variance. A variance from any provision of this chapter except message area or allowable message area may be granted by the Board of Zoning Appeals where the strict interpretation of this chapter would create an unusual and unnecessary hardship on the property owner or occupant due to the unique location or physical characteristics of the property, if such variance would not adversely affect the public interest in any substantial manner, and if the relevant physical characteristics of the property were not caused by a current or previous owner or occupant.
(c) Limitations. The Board of Zoning Appeals shall not have authority to approve any sign with a sign area exceeding that permitted by this chapter, or to permit the total sign area to exceed the allowable sign area permitted by this chapter.
(d) Violations. In the event that a sign is established in violation of any provision of this chapter, no application for a variance allowing such sign shall be accepted, processed or reviewed by the Board of Zoning Appeals while the illegal sign remains in place.
(e) Disapproval. Following disapproval by the Board of Zoning Appeals of an application or request for a variance, no subsequent application requesting the same variance shall be filed by any applicant, whether or not the same person, firm or corporation, until the expiration of twelve months after the disapproval.
(f) Procedure. Although this Sign Code contains business regulations and not zoning code, the notice and hearing procedures provided by Ohio law for zoning variances shall be utilized for sign variances under this chapter. Defects in the administration of such notice and hearing procedures shall not invalidate any action of the Planning Commission or Board of Zoning Appeals.
(Ord. 05-2021. Passed 3-4-21; Ord. 30-2021. Passed - -.)