(a) Appeals to the Board may be initiated by any person, firm, or corporation, or by any officer, board, or department of the Village, deeming himself or itself to be adversely affected by any decision or action made by the Zoning Inspector, any administrative officer, including the Commission, regarding matters relating to this Zoning Code.
(1) Initiation of Appeal. A notice of appeal shall be filed with the Planning and Zoning Department within 14 calendar days after the date of any adverse order, requirement, decision, or determination and shall be accompanied by payment of the required fee. Such written notice of appeal shall specify therein the grounds and reasons for the appeal.
(2) Public Hearing by the Board. When a notice of appeal has been filed in proper form with the Planning and Zoning Department the department shall place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by ordinary and certified mail, addressed to the parties making the request for appeal, variances, or exception at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by ordinary and certified mail to any person, firm, or corporation owning premises located within 300 feet of the property line of the property to which such appeal or application relates. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of said public hearing. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required. Any interested person may appear at the public hearing. The appellant, except the Village, shall post security for the cost of all action required for the hearing of the appeal.
(3) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(4) Decision of the Board. Within its powers, the Board may reverse or affirm, wholly or in part, or modify to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a certificate. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within 45 days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.
(Ord. 25-2011. Passed 9-20-11.)