(A) Authorization. An appeal from a decision of the Zoning Inspector with respect to the interpretation or application of this zoning code may be taken to the Board of Zoning Appeals by any person aggrieved, or his or her agent, or by any officer of the municipality affected by the decision of the Zoning Inspector.
(B) Notice of appeal. Appeals to the Board of Zoning Appeals shall be filed within 20 days after the decision of the Zoning Inspector by filing a written notice of appeal with the Zoning Inspector and with the Board of Zoning Appeals. The notice of appeal shall be filed on forms provided by the village and specify the grounds for the appeal. On receipt of a notice of appeal, the Zoning Inspector shall forthwith transmit to the Board all of the papers constituting the record on which the decision being appealed was based.
(C) Hearing on appeal. The Board of Zoning Appeals shall select a time and place for the hearing of an appeal and give at least ten days written notice thereof to the owners of property adjacent to and abutting the property involved or across the street therefrom, as they shall appear on the notice of appeal. In addition, public notice of the hearing as to the time, place, date, and subject of the hearing shall be published in a newspaper of general circulation at least ten days prior to the date of the hearing. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.
(D) Decision on appeals. The Board of Zoning Appeals shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this zoning code. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and, in all cases, within 30 days after the close of the hearing. In cases where the Board of Zoning Appeals makes a determination that a proposed use is substantially similar to a specific use, the Board of Zoning Appeals shall notify the Planning Commission and Council of its decision and, in its written findings, the reasoning upon which the decision is based.
('80 Code, § 152.014) (Ord. 94-14, passed 7-5-94)