(a) Any person, firm, corporation, or any officer of the Village, or agent thereof, that deems himself or itself to be adversely affected by the decision of the Zoning Inspector in the enforcement of this Code may make an appeal to the Board. The appeal shall be taken within twenty (20) Days after the decision of the Zoning Inspector by filing an application for appeal with the Village Office Clerk. The Village Office Clerk shall transmit a copy of the notice of appeal, together with all documents and other materials constituting the record upon which the action appealed was taken to both the Board, and to the Zoning Inspector.
(b) Any person, firm, corporation, or any officer of the Village, or agent thereof, that deems himself or itself to be adversely affected by the provisions of this Code may file an application for a Variance from this Code. The applicant shall file the application with the Village Office Clerk. The Village Office Clerk shall transmit a copy of the application, together with all documents and other materials constituting the record upon which the application was taken to both the Board, and to the Zoning Inspector.
(c) An appeal shall not stay enforcement in furtherance of the action appealed from unless the Zoning Inspector certifies to the Board, after notice of appeal has been filed, that by reasons of fact, a stay would not cause imminent peril to life or property and will not prejudice or cause undue economic hardship to the Village. Any stay of enforcement under this subsection shall continue during the period of the appeal, unless overruled by the Board for good cause shown after notice is given to the Zoning Inspector and the applicant.
(d) The Board shall schedule a hearing at a reasonable date and time after receiving notice of an appeal or Variance. The Board shall send property owners contiguous to, or across the street from, the lot(s) involved in any such application, and all other property owners within five hundred (500) feet of any yard of such lot, written notice of the hearing on such application at least five (5) days before the scheduled hearing date. A failure to provide such notice shall not invalidate any determination made by the Board.
(e) The Board shall take final action on an appeal or application for a Variance within ten (10) Days after the conclusion of the public hearing thereon, unless additional time is necessary because of unusual circumstances. Unusual circumstances may include the projected size, complexity, anticipated impacts, or other factors associated with the appeal or proposed Variance. Upon request by applicant, a certified copy of the Board's decision shall be transmitted to the applicant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him and he shall incorporate the terms and conditions of the decision in the Zoning Certificate and/or Certificate of Variance issued to the appellant whenever an approval by the Board is authorized. (Ord. 2017-7-15. Passed 9-12-17.)