(A) (1) If an applicant wishes to appeal the decision of the Building Official, the applicant shall file a written request for appeal of the decision within ten calendar days after the date of a decision by the Building Official. The written request for appeal must be filed by the applicant or any other interested party and submitted to the Administration Department at Village Hall. In the event the last date of appeal falls on a weekend or holiday when village offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the village and shall be filed with the Administration Department. The appeal application must be complete and shall state specifically wherein it is claimed there was an error or abuse of discretion by the Building Official or wherein his or her decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record, which supports the basis of the appeal.
(2) If a request for appeal is timely filed, the village must set a hearing on the appeal within 30 days of its receipt of the written request for appeal. If a hearing is held on the appeal, then during such hearing, the appellant will be limited to issues and/or evidence previously raised in the appeal itself. The appellant shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the appeal process.
(3) In considering the appeal, the Village Administrator shall determine whether the proposal conforms to the requirements of this chapter, and may grant or deny a permit or require such changes in the proposed use or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The written decision of the Village Administrator shall be final and shall be made within 60 calendar days of the submission of the appeal.
(B) (1) The applicant seeking placement of a DCB which would be affected by this chapter and who contends that the ordinance as applied to him or her would be unlawful under and/or conflict with federal, state, or local law or regulation, must submit a petition to the Village Administrator requesting relief from the ordinance. Petitions must be on the appeal form provided by the village and submitted to Village Hall. The petition shall identify the name and address of the applicant and property owner, the affected application number, and shall state specifically and completely how the ordinance as applied to him or her would be unlawful under and/or in conflict with federal, state, or local law or regulation. Failure to raise each and every issue that is contested in the petition and provide appropriate supporting evidence will be grounds to deny the petition.
(2) If a hearing is held on the petition, then during such hearing, the petitioner will be limited to issues and/or evidence previously raised in the petition itself. The petitioner shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the petition process.
(3) Within 60 calendar days of receipt of the completed petition, the Village Administrator, or designee, shall mail to the applicant a written determination accepting or rejecting the petition. The written decision of the Village Administrator is final. The Village Administrator will utilize reasonable time, place and manner criteria to determine if the petition should be granted or denied consistent with this chapter. If the petition is granted, the village may impose reasonable time, place and manner-related conditions on the DCB consistent with this chapter.
(Ord. 1962, passed 12-17-18)