(A) An appeal to the joint zoning and planning board may be taken by any person aggrieved by any order, requirement, decision, or determination made by the zoning officer or by any office, department, or board of the village. The appeal shall be taken within forty five (45) days of the action being contested by filing a notice of appeal, specifying the grounds thereof, with the zoning officer. The zoning officer shall immediately transmit to the joint zoning and planning board all documents and other materials constituting the record upon which the action appealed from was taken.
(B) An appeal stays all proceedings in furtherance of the action appealed from unless the zoning officer certifies to the joint zoning and planning board 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 unless done so by a restraining order issued by the joint zoning and planning board or by a court of record after application to the zoning officer and on due cause shown.
(C) The joint zoning and planning board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties. The joint zoning and planning board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The zoning board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the power of the zoning officer from whom the appeal is taken. (Ord. 2004-16, 9-7-2004)