(A) Generally. Any person aggrieved by any decision or order of the village staff in any matters related to the interpretation or enforcement of any provision of this Code may appeal to the Village Board of Appeals. In no case can an appeal be made on construction document interpretation after the work has been completed. Every such appeal shall be made and treated in accordance with the provisions of this section.
(B) Filing, record transmittal.
(1) Every appeal shall be made within 28 days of the matter complained of by filing with the village staff a written notice specifying the grounds for appeal.
(2) An application shall be submitted for an appeal to the village staff who will review it to ensure it is complete. If it is incomplete, staff will notify the applicant that the application is invalid, and not a submittal of record. If staff certifies the application as complete, it will be forwarded to the Board of Appeals for consideration as herein provided.
(3) The appeal application shall include at a minimum: The specific portion(s) of the ordinance or construction documents which applicant feels have been incorrectly interpreted and a list of specific code sections or construction documents in dispute. For construction document interpretation claims, the application must include an opinion from a licensed design professional stating that staff interpretation is not correct and design professional's technical opinion of why it has been misinterpreted. A list of all property owners to whom the notice (see division (C) below) must be sent.
(4) The village staff shall transmit to the Village Board of Appeals all records pertinent to the case.
(C) Public hearing, notice. The Village Board of Appeals shall hold a public hearing on every appeal within a reasonable time after filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30, nor less than 15, days before the hearing.
(1) The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. Applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.
(2) The village will publish notice in a newspaper of general circulation within its municipality.
(D) Stay of further proceedings.
(1) An appeal stays all further action on the matter being appealed unless the village staff certifies to the Village Board of Appeals, after the notice of appeal has been filed with them, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Village Board of Appeals or the circuit court grants a restraining order for due cause, and so notifies the village staff.
(2) Filing of an appeal on construction document interpretation shall also prohibit the applicant from performing any work in question until the decision of the Village Board.
(E) Recommendation, findings of fact. After the public hearing, the Village Board of Appeals shall submit its recommendation to the Village Board of Trustees. The recommendation shall state the Village Board of Appeals’ findings regarding the appeal and its reasons therefor.
(F) Decision by Village Board of Trustees. The Village Board of Trustees shall render a decision on the appeal within a reasonable time after receipt of the Village Board of Appeals’ recommendation. The Board of Trustees may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate.
(Am. Ord. 2020-03-02A, passed 3-2-2020; Am. Ord. 2022-05-02A, passed 5-2-2022)