(A) Appeals; how taken. Appeals from the ruling of the Zoning Inspector may be made to the Board of Appeals in the following manner.
(1) The person, firm, or agent thereof making the appeal shall file in writing to the Zoning Inspector a letter stating what the specific appeal is and the reasons for the appeal.
(2) The Zoning Inspector shall submit the written appeal, along with all papers constituting the record from which the action appealed was taken, to the Zoning Board of Appeals.
(B) Who may appeal. Appeals to the Board of Appeals may be taken by any person aggrieved, or by an officer, department, board, agency, or bureau of the village, county, or state.
(C) Fee for appeal. A fee prescribed by the Council shall be submitted to the Clerk at the time of filing the letter of appeals. The appeals fee shall immediately be placed in the Village General Fund.
(D) Effect of appeal; restraining order. An appeal shall stay all proceeding in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(E) Hearing by the Board of Appeals; requests; notice; hearing. When a request for appeal has been filed in proper form with the Board of Appeals, the Secretary or Village Clerk shall immediately place the request for appeal upon the calendar for hearing, and cause notice, stating the time, place, and object of the hearing to be served personally or by registered return receipt mail at least ten days prior to the date of the hearing, upon the party or parties making the request for appeal.
(F) Representation at hearing. At the hearing, any party or parties may appear in person or by agent or by attorney.
(G) Decisions of the Board of Appeals and appeals to the Circuit Court. The Board of Appeals shall decide upon all appeals within a reasonable time and reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Inspector from whom the appeal is taken. The Board of Appeals decision of the appeal shall be in the form of a resolution containing a full record of the findings and determinations of the Board of Appeals in each particular case and the signatures of each member of the Board of Appeals affixed thereon. Any persons having an interest affected by the resolution shall have the right to appeal to the Circuit Court on questions of law and fact.
(Prior Code, § 743.09)