An appeal shall be considered by the Board of Zoning Appeals only after formal action has been taken by the Administrator or other officers, or is taken at a public meeting by a board or commission with regard to an application for a building permit, zoning certificate, issuance of a stop order, specific referral or some similar action; provided that:
(a) Within ten (10) days of such action, an application for appeal shall be filed with the Administrator; and when applicable, an application for a variance shall be filed with the Administrator; and
(b) Application for appeal or variance shall include reference to the decision or sections of this Planning and Zoning Code from which the appeal or variance is sought and all necessary data in accordance with the form provided.
(c) An application for an appeal may be filed by (i) the person who has been denied a building permit, zoning certificate or any other authorization, (ii) a person who has received a stop work order under any provision of the Codified Ordinances, (iii) any property owner who can prove they would be especially damaged by the issuance of a permit or other administrative approval, or (iv) any property owner who should have received a notice of a request for approval of a project pursuant to Section 1109.05 of this Planning and Zoning Code and who has an interest, established by law, in the disposition of such matter.
(d) Prior to filing an application for a variance from the Board of Zoning Appeals, for the erection, enlargement and/or alteration of a building in the Municipality, the applicant shall be required to first obtain preliminary plan approval from the Architectural Board of Review for such building.
(e) In the event an aggrieved party was provided with incorrect written information from the Administrator, Building Inspector, Secretary of the Planning and Zoning Commission or the Board of Zoning Appeals, or other Village official with authority to provide information on appeal deadlines, as to the date when an appeal from formal action taken pursuant to this Section must be filed, and as a result the aggrieved party is unable to timely file an appeal from such action, the aggrieved party shall have a period of ten (10) days from the date that they discovered the correct deadline to file an appeal, but not to exceed twenty (20) days after formal action has been taken from which an appeal must ordinarily be filed with the Administrator, by filing the appropriate application and information as required by the Planning and Zoning Code.
In the event an appeal is filed pursuant to this section, the Building Inspector shall issue an order to the permit recipient to discontinue all work authorized under such permit, in accordance with Section 1307.10, during the pendency of the appeal. Further work performed under such permit, during the pendency of the appeal, shall be deemed to be in violation of this provision. (Ord. 2022-10. Passed 4-11-22.)