§ 66-15. Appeals.

(a)

Board to hear and decide; written notice; fee. A person aggrieved by an order, decision or requirement of the chief of inspections under this chapter may appeal to the board of zoning appeals, which hereafter shall be referred to as the board. The board shall hear and decide appeals from and review any order, requirement, decision or determination of this chapter. For the purpose of appeals taken under the provisions of this chapter, the board shall be known as the board. The provisions of chapter 90 when adopted shall relate to the composition of the board, the terms of its members, their removal and compensation, the officers of the board and its meetings and shall apply as well to the board established in this section. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination made by the chief of inspections. An appeal may be taken by any party aggrieved. Such appeal shall be taken within such time as shall be prescribed by the board by general rule, by the filing in writing with the chief of inspections and with the board of a written notice of appeal which specifies the grounds therefor, and by the payment at that time of a fee of $50.00 to the city treasurer.

(b)

Stays all proceedings. The chief of inspections shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the chief of inspections certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed except in the instance of a restraining order granted by a court of competent jurisdiction.

(c)

Hearing; notice; action by board. The board shall fix a reasonable time for the hearing and give notice of the hearing to the parties by publication and by mailing and shall decide the matter within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, subject to the conditions expressed in this section, and to that end shall possess all the powers of the chief of inspections from whose action the appeal is taken. The decision of the board shall be final after five days insofar as it involves an exercise of discretion or the finding of facts.

(d)

Grants of special permit; required conditions. The board may grant a special permit for a sign which does not comply with the provisions of this chapter if it determines that:

(1)

The particular sign will be in harmony with the general purpose and intent of this chapter.

(2)

The sign will not be injurious to the immediate neighborhood or adjacent land use.

(3)

The sign is sufficiently compatible with the architectural and design character of the immediate neighborhood.

(4)

The sign will not be hazardous to passing traffic or otherwise detrimental to the public safety and welfare.

In granting such special permit, the board shall specify the size, type and location of the sign and impose such other reasonable terms, restrictions and conditions as it may deem to be in the public interest.

(Code 1965, § 8.215)