A. Authority To Initiate Appeals: An appeal may be taken from the zoning commissioner by any person aggrieved or by an officer, department, board or bureau of the village.
B. Notice Of Appeal: The appeal shall be taken within forty five (45) days of the action complained of by filing with the zoning commissioner and with the board of appeals, a notice of appeal, specifying the grounds thereof. The zoning commissioner shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.
C. Stay Of Proceedings: An appeal stays all proceedings and furtherance of the action appealed from, unless the zoning commissioner certifies to the board of appeals, 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 which case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of appeals or by a circuit court on application, on notice to the zoning commissioner and on due cause shown. (Ord. 78b, 7-1-1958; amd. 2011 Code)
D. Hearing:
1. The board of appeals shall fix a reasonable time for the hearing of an appeal and give due notice thereof to the parties who will be affected by a decision on the same, within a reasonable time.
2. Upon the hearing, any party may appear in person or by agent or by attorney. (Ord. 78b, 7-1-1958)
3. Each applicant for a hearing before the zoning board of appeals shall pay a nonrefundable filing fee of two hundred dollars ($200.00) which includes the cost of publication of public hearing notice. In the event publication exceeds two hundred dollars ($200.00), applicant shall pay the difference prior to the hearing date. (Ord. 363, 2-4-2014)
E. Decisions: The board of appeals may reverse or confirm, 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, shall have all the powers of the zoning commissioner. (Ord. 78b, 7-1-1958; amd. 2011 Code)