2-1-8: PROCEDURE IN RENDERING ORDERS; EFFECT AND APPEALS THEREFROM:
No order of the commission shall be valid until thirty (30) days after the date of said order, nor for a period longer than one year from the date of said order. If a building is to be erected or altered, or its use changed or varied, there shall be sufficient compliance with this paragraph if a building permit is obtained and the erection or alteration is started within one year from the date of said order, or the change and variation of the use is commenced within one year from the date of said order.
Every decision or recommendation made by the plan commission shall be accompanied by finding of fact specifying the reason or reasons for making the finding, decision or recommendation. Variations granted shall be by resolution. Denials shall be by written order.
Copies of all orders, decisions, recommendations or resolutions shall be sent to the building commissioner, village attorney, public works director, village clerk and all members of the village board.
The village or any person aggrieved by any decision of the plan commission may appeal the decision to the village board within thirty (30) days of the date of said decision. Said appeal shall be commenced by giving written notice to the village clerk, requesting an appeal of this matter before the village board. The village board shall act upon the appeal within sixty (60) days after the notice is given; provided, however, that a failure to act within said sixty (60) days shall be a denial of said appeal. An appeal stays execution of the plan commission decision. A denial of a variation by the plan commission shall not be overruled except by a two-thirds (2/3) vote of all the village board then holding office. No reconsideration of any decision of the village board shall take place later than the second regular meeting following the council's decision on the appeal.
Prior to any hearing, except an administrative appeal, notice shall be given by publishing the same in a newspaper published in the village, or if none, one of general circulation in the village, not less than fifteen (15) days nor more than thirty (30) days from the hearing date, except that where the petitioner seeks relief by ways of variation of less than five percent (5%) of the requirements of the zoning ordinance, in those cases, in lieu of a published notice and other notices provided herein, the petitioner may notify, as hereinafter set forth, all the taxpayers whose property fronts both sides of the street of the property sought to be carried, and an affidavit to that effect in substance with the form hereinafter required shall be filed. In addition, the applicant or attorney on his behalf shall file an affidavit stating the name, address, and permanent index number of each property owner adjoining, across the alley or directly across the street and three hundred feet (300') from the boundary of said parcel, and that the notice of the proposed hearing was served upon each of the persons who paid the taxes on each lot or parcel during the last calendar year in which taxes were paid, at least fifteen (15) days prior to the hearing. Notice shall also be sent to the village trustees, the building commissioner, and the public works director. All notices shall contain:
   (A)   The legal description;
   (B)   The relief requested;
   (C)   The common street address;
   (D)   The permanent index number;
   (E)   The approximate size of the parcel;
   (F)   The date and time of hearing;
   (G)   The place to be held;
   (H)   The name of the chairman of the commission;
   (I)   The name of the owner of the property;
   (J)   The name of the petitioner;
   (K)   The name of the person, address, and telephone number of the village employee where information can be secured from the commission's files.
Hearings on subdivisions shall be according to the procedural requirements of the subdivision ordinance, except where variations are requested, in which case the procedural requirements of this chapter shall apply. (Ord. 88-04, 2-23-1988)