(a) The Board of Zoning Appeals shall call a public hearing for any of the following reasons:
(1) Upon receipt of a written appeal where it is alleged that there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Administrator in the administration or enforcement of the provisions of this Zoning Code;
(2) Upon receipt of a written appeal after the disapproval of an application for a permit by the Architectural Review Board for noncompliance with the design review criteria;
(3) Upon application for a conditional use permit in a district requiring such a permit according to the procedures set forth in Section 1264.05;
(4) Upon application for a zoning or design variance according to the procedures set forth in Section 1264.04.
(b) The applicant shall pay a fee specified by Council upon filing for a hearing before the Board. The hearing shall be called within thirty days of the request. Notice of the hearing shall appear in a locally distributed newspaper at least two weeks prior to the hearing. All adjoining property owners and others affected by the decision of the Board shall be notified of the hearing in writing five days prior to the date of the hearing. The Board shall hear and determine whether a variance may be granted or a conditional use permit may be issued. A decision of the Board shall be made within thirty days following the hearing. The Board shall keep or cause to be kept, on file at the Village Hall, a full public record of all of its proceedings. This record may not leave the Village Hall premises and may be duplicated by a Village secretary upon request with the cost of the duplication being borne by the requesting party.
(c) The Village Council will have the authority to approve or disapprove, after a public hearing, the decision of the Board of Zoning Appeals with regard to a variance application filed on behalf of Walgreen's, within 60 days of the Board decision.
(Ord. 710-78. Passed 9-19-78; Ord. 1047-97. Passed 8-12-97; Ord. 1202-03. Passed 5-6-03.)