(A) Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Zoning Board of Appeals.
(B) Every appeal shall be made and treated in accordance with state law and the provisions of this section.
(Ill. Rev. Stats., Ch. 24, § 11-13-12)
(1) Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Administrator and the Zoning Board of Appeals a written notice specifying the grounds for appeal. (Every appeal shall also be filed with the Soil and Water Conservation District as per state law (Ill. Rev. Stats., Ch. 5, § 127.2(A)). Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case. (Note: filing fee required.)
(2) Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board of Zoning Appeals, after the notice of appeal has been filed with him or her, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In that case, further action shall not be stayed unless the Board of Zoning Appeals or the circuit court grants a restraining order for due cause, and so notifies the Administrator.
(3) Public hearing, notice. The Board of Zoning Appeals shall hold a public hearing on every appeal no less than 15 days nor more than 30 days after filing of appeal notice and publication. 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 days nor less than 15 days before the hearing:
(a) By first class mail to all parties directly affected by the appeal; and
(b) By publication in a newspaper of general circulation within the village.
(4) Decision by Board of Appeals. The Board of Appeals shall render a decision on the appeal within a reasonable time after the hearing. The Board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from the extent and in the manner that they deem appropriate. In so doing, the Board of Appeals has all the powers of the Administrator.
(1994 Code, § 40-10-2) (Ord. 91-06, passed 5-9-1991)