(A) Any person who has a bona fide controversy with the Building Commissioner and whose rights have been materially affected by any decision of the Building Commissioner in the issuance or denial of a permit as provided herein or in the administration of the provisions of this chapter, shall within 30 days from the issuance or denial of such permit, be permitted to file with the Building Commissioner such person's appeal to the Planning Commission as hereafter provided.
(B) The appeal shall be based upon one or both of the following grounds, to wit:
(1) That the action of the Building Commissioner was erroneous or constituted an erroneous application of the provisions of this chapter, related laws and ordinances, or was otherwise contrary to law;
(2) That the action of the Building Commissioner imposes an undue hardship on the complainant and a modified application or an alternative arrangement is available and feasible, whereby the hardship can be relieved without defeating the purpose and intent of the provisions of this chapter.
(C) The complainant shall set forth in his petition on appeal the interpretation, ruling, or order appealed from, and the provisions of this chapter and related laws and ordinances involved, and shall state wherein the interpretation, ruling, or order is erroneous. If the appeal is based on the ground of hardship, the petition shall show the nature of the hardship, and shall point out what kind of modified application or alternative arrangement can be put into effect which will relieve the hardship without defeating the purposes and intent of the provisions of this chapter.
(D) No appeal petition shall be accepted for filing unless the complainant shall, at the time of filing, deposit with the Building Commissioner the sum of $100 to partially compensate the village in the event the Building Commissioner is sustained in whole or in part, for the direct and indirect expenditures, costs, and extra work occasioned by the filing and prosecution of the appeal.
(E) The Planning Commission shall have full authority to affirm, modify, reverse, or set aside the interpretation, ruling, or order appealed from, and its decision shall be final. If the interpretation, ruling, or order of the Building Commissioner is reversed or set aside, the Planning Commission shall direct that the appeal deposit be returned to the complainant. If the order of the Building Commissioner is modified in substantial part, the Planning Commission may direct the return of part or all of the deposit to the complainant. If the order of the Building Commissioner is sustained, the deposit shall be retained by the village.
('69 Code, § 154.19) (Ord. C-474, passed 1-8-79)