(a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing with the officer from whom the appeal is taken, and with the Board, a Notice of Appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(b) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Notice of the time and place of hearings shall be mailed, by first class mail, at least ten (10) days prior to the hearing, to the property owners within one hundred (100) feet of the property for which the variance has been requested. The notice shall be sent to the property owner that is listed on the current tax roll, list, or duplicate of the County and to the address of the property if the address is a tax service. The notice of the hearing shall also be published in a paper of general circulation in the Village at least seven (7) days prior to the hearing but no more than fourteen (14) days prior to the hearing. The Zoning Inspector shall issue a placard to the applicant that contains the following information: (1) that the owner has applied for a zoning variance; (2) the nature of the variance and (3) the date and time for the BZA hearing on the variance. The applicant shall post the placard in a conspicuous place on the property that is designated by the Zoning Inspector. The placard shall be posted on the property for at least seven (7) consecutive days before the hearing on the variance. Each application or notice of appeal shall be accompanied by a fee as set forth in Chapter 1141.
(c) At the hearing before the Board, the party who filed the appeal may appear in person or through legal counsel. The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not for a vote on any case that is before the BZA.
(d) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(e) Appeals from the decision of the Board of Zoning Appeals shall be in accordance with the laws of the State.
(Ord. 2007-102. Passed 12-16-07.)