The following shall apply for Applications, Appeals and Hearings.
(a) Applications – When and By Whom Taken. The Board shall have power to hear and decide applications for exceptions to and variances in, the application of resolutions, ordinances, regulations and orders of administrative officials or agencies governing zoning and building in the Village, as may be required to afford justice and avoid unreasonable hardship, subject to such reasonable standards and procedures as shall be prescribed by ordinance.
(b) Appeals – When and By Whom Taken. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the Village Planning Commission or Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. The Village Planning Commission of Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(c) Contents of Notice of Appeal or Application. No notice of appeals or application may be filed with the Board which does not contain drawings and written descriptions of the project sufficient to inform the Board and the adjacent property owners and tenants, as well as the people of the Village, of the total scope of the project, along with the names and addresses of the property owners and tenants within two hundred (200) feet of the property in question. In communicating to neighbors and to the newspapers, care shall be taken by the Board Chairman that the applicant’s project is fairly described to the mutual satisfaction of applicant and Board before a hearing date shall be selected.
(d) Hearings. The Board shall fix a reasonable time for the hearing of the application of appeal and shall give written notice of said hearing to the parties in interest including all property owners within two hundred (200) feet of the property in question.
(1) Each application or appeal shall be accompanied by a check, payable to the Village of Ada, or a cash payment, for one hundred twenty-five dollars ($125.00) which is non-refundable. In the event administrative costs (such as publishing and/or posting and mailing the notice of the hearing or hearings) exceed one hundred twenty-five dollars ($125.00), the applicant will be billed for the balance.
(2) Such sums so deposited shall be transferred by the Clerk of the Board to the Fiscal Officer of the Village and credited to the General Fund thereof.
(3) At the hearing, any party may appear in person or be presented by an agent or attorney. Normally, the applicant or appellant shall present his position first at the hearing. Others who choose to speak shall identify themselves and their support or opposition in advance so that equal time can be afforded both views.
(Ord. 2009-02. Passed 2-17-09.)