An appeal to the plan commission may be taken by any person aggrieved or by any officer, department, or board of the village. The appeal shall be taken within such time as shall be prescribed by the plan commission by a general rule, by filing, with the officer from whom the appeal is taken and with the plan commission, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the commission all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the plan commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the plan commission or by a court record on application and on notice to the officer from whom the appeal is taken, and on due cause shown.
The plan commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by his attorney. The plan commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination with such changes as in its opinion ought to be made in the premises, and to that end has all the powers of the officer from whom the appeal is taken.
A filing fee of one hundred dollars ($100.00) shall be paid to the village clerk at the time notice of appeal is filed. (Ord. 88-04, 2-23-1988)