1163.01 APPEALS.

   (a)   Purpose. This section allows any person aggrieved by an administrative decision during the administration or enforcement of this Zoning Ordinance the opportunity to have the Board of Zoning Appeals review that decision. The Board shall determine whether or not the decision was in conformance with this Zoning Ordinance.

   (b)   Applicability and Initiation.

      (1)   Appeals to the Board of Zoning Appeals concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any administrative decision by the Planning Commission, Zoning Administrator, or any other administrative staff given the authority to make a decision as authorized by this Zoning Ordinance.

      (2)   An appeal may not be made to the Board when the Planning Commission is making a recommendation to Village Council as part of a legislative action such as a code text, a map amendment, or a PUD.

   (c)   Appeal Procedure.

      (1)   Submission of Appeal. Such appeal shall be taken within twenty (20) days after the decision by filing with the Zoning Administrator, a written notice of appeal specifying the ground upon which the appeal is being taken.

      (2)   Forwarding of the Record to the Board. The Zoning Administrator shall transmit all the papers, documents, and other materials related to the appealed decision or determination to the Board of Zoning Appeals. This material shall constitute the record of the appeal.

   (d)   Review Criteria for Appeals. 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 Zoning Ordinance.

   (e)   Fees. A fee and costs as established by Section 1153.17 "Fees and Costs."

   (f)   Stay of Proceedings. 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 Board of Zoning Appeals 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 Board or by a court of competent jurisdiction, for good cause shown.

(Ord. 30-22. Passed 12-12-22.)