(A) Applicability. Any party aggrieved by an administration order, requirement, decision or determination made under this chapter by the Zoning Administrator, Building Officer, or other authorized administrative official, board, commission, or department of the village other than the President and Board of Trustees may appeal to the Planning and Zoning Commission.
(B) Notice of appeal. A notice of appeal shall be filed with the Zoning Administrator within 45 days of the order or decision being appealed. The notice shall contain:
(1) The name, address and telephone number of the party filing the appeal;
(2) The location of the property affected by the decision being appealed;
(3) Identification of the provision of the ordinance governing the decision being appealed;
(4) A statement of the grounds on which the appeal is based;
(5) The reason given by the administrative official or body for the decision;
(6) A brief summary of the factual evidence upon which the appeal is based; and
(7) A plot plan and verbal description of the use affected by the decision being appealed.
(C) Stay of proceedings. The filing of a notice of appeals shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Planning and Zoning Commission that in his or her judgment a stay would cause imminent peril to life or property. In such cases, no proceedings shall be stayed without issuance of a restraining order by the Planning and Zoning Commission or a court record.
(D) Hearing and action.
(1) Upon receipt, the Zoning Administrator shall forthwith transmit the notice of appeal and the complete record of the decision to the Planning and Zoning Commission. The Commission shall fix a reasonable time for a hearing on the appeal and give a minimum of ten days’ notice to the party filing the notice.
(2) After the hearing, the Planning and Zoning Commission shall take final action on the appeal, whereby a majority of Planning and Zoning Commission member votes are needed to reverse the village’s decision. If such majority of such votes is not obtained, the village’s decision stands.
(3) A petitioner at a Planning and Zoning Commission hearing shall he responsible for retaining a court reporter to attend and record the proceedings of the Planning and Zoning Commission hearing. If no court reporter is retained, the record of the proceedings will not include a transcript of the hearing.
(4) A petitioner who files a complaint for administrative review of a decision of the Planning and Zoning Commission shall be responsible for the cost of preparation of the record of proceeding, including but not limited to costs for photocopying and for transcription of a hearing.
(5) The Planning and Zoning Commission shall not be obligated to provide the record of proceedings until the petitioner pays the cost of preparation of the record.
(E) Approval criteria for appeals. The Board shall reverse the order appealed only if it finds that the action taken or decision appealed:
(1) Was arbitrary or capricious;
(2) Was based on an erroneous finding of a material fact;
(3) Constituted an abuse of discretion; or
(4) Was based on erroneous interpretation of this chapter or zoning law.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-11, passed 3-9-2017)