(A) Authority. The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement, or determination under this chapter.
(B) Scope of appeals. An appeal, in which it is alleged that there is error in any decision made by the Building Official or Zoning Enforcement Officer under this chapter, may be taken to the Commission by any person or governmental agency aggrieved by such decision or by any department, officer, board or bureau of the village. Such an appeal shall be taken, within such time as shall be prescribed by the Commission by rule, by filing with the Village Clerk a notice of appeal in such form as the Commission may provide by rule. The Building Official shall, at the next available meeting of the Planning and Zoning Commission, forward to the Commission a copy of the notice of appeal together with all of the papers constituting the record upon which the decision appealed from was made.
(C) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the decision appealed unless the Building Official certifies to the Commission, after the notice of the appeal has been filed with them, that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order, which may be granted by the Commission or by a court of record on application, on notice to the Building Official and Zoning Enforcement Officer and on due cause shown.
(D) Hearing. The Commission shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties, including the appellant, the Building Official and Zoning Enforcement Officer, and any other affected party who has requested in writing that they be so notified.
(E) Decisions. The Commission shall render a written decision on the appeal within a reasonable time, but in no event more than 60 days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The Commission may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify, the decision of the Building Official or Zoning Enforcement Officer, as in its opinion ought to be done, and to that end shall have all the powers of the Building Official. All decisions, after hearing, of the Planning and Zoning Commission on appeals from an administrative order, requirement, decision, or determination of the Building Official shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable state statutes.
(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23)