1125.06 APPEALS PROCESS.

   (a)   Aggrieved parties who allege there was an error in any order, requirement, decision, or determination made by the Zoning Inspector may appeal the Zoning Inspector’s action to the Planning and Zoning Commission.

   (b)   The appealed action of the Zoning Inspector shall stand until the Planning and Zoning Commission has made a finding on the appeal.

   (c)   Those wishing to appeal the Zoning Inspector’s action must do so in writing on the form provided for such purposes. At a minimum, the appellant must provide the following information:

      (1)   Name, address, and telephone number of the appellant;

      (2)   The nature and the date of the action of the Zoning Inspector that is in dispute;

      (3)   How the appellant is personally affected by the action and how any harm was unique to the appellant and differs from that suffered by the community at large; and

      (4)   Why the appellant believes the Zoning Inspector’s interpretation is incorrect.

   (d)   The appeal must be filed with the Village Manager’s Office within thirty days of the action of the Zoning Inspector.

   (e)   All requests for appeals must be accompanied by the fee as established by the Village Council.

   (f)   All appeals will be heard by the Planning and Zoning Commission at the next regular meeting which falls at least five days after the receipt of the appeal request by the Village Manager’s Office, or at a special meeting of the Planning and Zoning Commission.

   (g)   The Planning and Zoning Commission shall hear testimony from the appellant and the Zoning Inspector, and/or other witnesses as required or permitted by the Planning and Zoning Commission, in order to determine the outcome of the appeal. No action of the Zoning Inspector shall be overturned in whole or in part unless the Planning and Zoning Commission has determined that all of the following conditions have been met:

      (1)   The appeal was made in a timely fashion;

      (2)   The appellant had standing to make the appeal;

      (3)   The Zoning Inspector improperly interpreted the Zoning Code.

   (h)   The Planning and Zoning Commission shall render their decision no later than forty-five days from the date of the hearing on the appeal.

   (i)   No appeal shall be upheld unless approved by at least a majority of the entire membership of the Planning and Zoning Commission.
(Ord. 10-00. Passed 8-1-00.)