(a) All applications and appeals filed with the Board of Zoning and Building Appeals shall be scheduled for hearing and heard within forty-five days of the date of filing unless extended upon written request of the applicant or appellant.
(b) Notice of the date and time set for the hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to the applicant and adjacent or contiguous property owners shall be by ordinary mail as evidenced by a certificate of mailing or by personal service at least ten days prior to the hearing date. The notice shall state the date, the time and place of the hearing, the name of the applicant or appellant, and the nature of the proposed application or appeal. The failure of delivery of such notice shall not invalidate any decision by the Board related to the hearing. The Board may continue an on-going hearing from date to date without additional notice. A sign indicating the type of application as well as the date and time for the hearing shall also be posted on the subject property at least ten (10) days prior to the hearing date.
(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant or appellant;
(2) The owner of property that is the subject of the application or appeal, if the owner is not the applicant or appellant;
(3) The owner of property adjacent or contiguous to the property that is the subject of the application or appeal; and
(4) Any other person who claims a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order appealed from, or claims such injury or prejudice will occur if the application is approved or denied.
(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments, and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Board.
(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Board, at its option, may have a hearing transcribed by court reporter.
(f) The Board shall decide all applications and appeals within sixty days after the conclusion of the hearing, unless waived by the applicant or appellant. The decision of the Board shall be in writing, shall be accompanied by findings of fact and statement of reasons for the decision reached. The decision shall be filed in the Village Office and become a part of the public record. The Village Clerk shall serve a certified copy of the Board's decision by personal service or ordinary mail on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing, and to the Zoning Inspector.
(g) The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant, whenever a permit is authorized.
(Ord. 11-2012. Passed 7-18-12.)