The Board shall act in strict accordance with the procedures specified by this chapter. All appeals made to the Board shall be in writing, and shall be filed with the Secretary at least 14 days before the meeting at which they are to be heard. Each application or appeal shall refer to the specific provision of the code involved, and shall set forth exactly the interpretation that is claimed, the use for which special exception is sought, a clear description of the land involved, or the details of the variance that is applied for and the grounds upon which it is claimed that the variance should be granted, as the case may be.
(A) Filing appeals. An appeal to the Board may be taken by any property owner or tenant, other person aggrieved, or by a governmental officer, department, board or bureau affected. Such appeal, in a form approved by the Board, shall be filed within 20 days after the decision of the Zoning Administrator, or Planning Commission. The appeal shall be filed with the Zoning Administrator, who will transmit the same, together with all the scale plot drawings, plans, specifications, and other papers pertaining to the appeal, to the Secretary of the Board of Appeals.
(B) Hearings; dates and notices. When an appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately notify the Chairman, who will send notices stating the time, place and object of the hearing. Such notices shall be served personally or by mail, at least ten days prior to the date of such hearing, upon the appellant, and to such persons as the Board may specify in its rules and regulations. The Board shall also publish one or more notices of such hearing in a newspaper of general circulation in the village at least ten days prior to the public hearing. Any party may appear at such hearings in person or by agent or attorney.
(C) Decisions of the Board. The Board shall decide all appeals within 60 days after completion of hearing. Such decision shall be binding upon the Zoning Administrator and/or Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any permit, whenever a permit is so authorized.
(D) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the appeal, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the Board after notice to the Zoning Administrator, or by judicial proceedings.
(Ord. 1969-11-22, passed 11- -69)