(a) Application. An application for appeal to the Zoning Board of Appeals shall be filed not later than calendar 14 days after the action being appealed and in accordance with the requirements of Chapter 1276.
(b) Action by Village Staff. Upon receipt of a properly completed application for an appeal, the Building, Planning & Zoning Manager shall forthwith transmit to the Zoning Board of Appeals the application together with all papers constituting the record upon which the action appealed from was taken.
(c) Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals in accordance with Chapter 1278.
(d) Action by Zoning Board of Appeals.
(1) The Board shall act on the application within calendar 60 days after receipt of all required information.
(2) The Zoning Board of Appeals shall render a decision on the appeal. Consistent with its findings, such decision may affirm, reverse, vacate, or modify the order or decision, or remand the cause to the officer or body appealed from with instructions to enter an order or decision consistent with the findings or opinion of the Board.
(3) The Zoning Board of Appeals may find that the order, adjudication, or decision is illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record. Consistent with its findings, the board may affirm, reverse, vacate, or modify the order, adjudication, or decision, or remand the cause to the officer or body appealed from with instructions to enter an order, adjudication, or decision consistent with the findings or opinion of the Board.
(4) The Board may direct the appellant or other person who appeared at the hearing to propose findings of fact and conclusions of law supporting its decision. The Chairman of the Board has the duty to cause findings and conclusions to be entered on the record. A decision by the Board is effective as of the date of mailing of the findings and conclusions. The Secretary has the duty to send written notification of the decision to the appellant.
(5) The failure of the Zoning Board of Appeals to act within 60 calendar days after receipt of all required information, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.
(Ord. 12-64. Passed 3-12-13; Ord. 15-06. Passed 1-20-15; Ord. 20-24. Passed 3-10-20.)