Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provisions of this chapter may be made and treated in accordance with state law, ILCS Ch. 65; Act 5, § 11-13-12 and the provisions of this section.
(A) Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Administrator and the Board of Zoning Appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the Soil and Water Agricultural District as per state law, ILCS Ch. 70, Act 405, § 22.02a. Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case. (Note: Filing fee required.)
(B) Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board of Zoning Appeals, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board of Zoning Appeals or the circuit court grants a restraining order for due cause, and so notifies the Administrator.
(C) Public hearing; notice. The Board of Zoning Appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal notice. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30 days nor less than 15 days before the hearing:
(1) By first class mail to all parties whose property is within 250 feet of the lot affected by the appeal; and
(2) By publication in a newspaper of general circulation within the village.
(D) Decision by Board of Appeals. The Board of Zoning Appeals shall recommend to the Board of Trustees for their decision and opinion on the Appeal within a reasonable time after the hearing. The Board of Zoning Appeals, in their opinion to the Board of Trustees, may recommend to reverse or affirm, wholly or partly, or to modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so performing their duties, the Board of Zoning Appeals has all the powers of the Administrator.
(E) Decision by Board of Trustees. The Board of Trustees shall render a decision on the appeal within 60 days after receiving the appropriate records and recommendation of the Board of Zoning Appeals. The Board of Trustees may uphold the recommendation of the Board of Zoning Appeals and pass an ordinance stipulating the facts.
(Ord. 491, passed 6-16-86; Am. Ord. 744, passed - -)