(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision of the Zoning Administrator made in the administration or enforcement of this code.
(b) Applicability. An appeal may be made regarding any administrative decision made in the administration and enforcement of this code by the Zoning Administrator.
(c) Initiation. Appeals may be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the Zoning Administrator, or the appeal may be initiated by the Village Administrator.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal.
A. Within fifteen (15) days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the Zoning Administrator in accordance Section 1103.06: Common Review Requirements.
B. As part of the submission, the person appealing the decision shall be obligated to submit a statement of how they believe the original decision was incorrect and to provide a basis for the appeal.
(2) Step 2 - Forwarding of the Record to the Planning Commission.
A. Upon receiving the written appeal of an administrative decision or determination, the Zoning Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Planning Commission. This material shall constitute the record of the appeal.
B. The Zoning Administrator or person making a decision as the designee of the Zoning Administrator shall have the authority to prepare a report to the Planning Commission summarizing their findings for their decision and providing any supplemental information to assist in the consideration of the appeal.
(3) Step 3 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the appeal provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. At the public hearing, the party bringing the appeal shall be provided an opportunity present argument and evidence, and a similar opportunity shall be afforded to those who wish to present additional or opposing arguments or evidence, as well as Village staff, all in accordance with Section 1103.06(d)(2), with procedural rules as may be established from time to time by the Planning Commission, and/or as announced at the start of the public hearing.
C. In reviewing the appeal, the Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within ninety (90) days of the close of the public hearing, the Planning Commission shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Planning Commission.
E. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
F. The decision of the Planning Commission shall become effective immediately.
(e) Review Considerations. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning Commission that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Planning Commission or by a court of competent jurisdiction, for good cause shown.
(g) Appeals of Planning Commission Decisions. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision the Village Council in accordance with Section 1103.15.
(Ord. 2023-16. Passed 6-5-23.)