(A) General.
(1) The Planning and Zoning Board shall hear and decide appeals from any order, requirement or determination made by the Planning and Zoning Administrator or other administrative official.
(2) An appeal in which it is alleged that there is an error in any decision made by the Planning and Zoning Administrator under this chapter may be taken to the Planning and Zoning Board by any person or governmental agency aggrieved by such decision.
(3) Every appeal shall be filed by the applicant with specifics of the action complained of, within 45 days.
(Prior Code, § 20-1529)
(B) Hearing.
(1) The Planning and Zoning Board shall promptly schedule a public hearing following notice of the appeal and shall, thereafter, give notice of said hearing to the parties involved, including the applicant and the Planning and Zoning Administrator.
(2) Notice of the time and place for said hearing shall be published at least once in a newspaper of general circulation in the village, not more than 30 days, nor less than 15 days, before said hearing.
(Prior Code, § 20-1530)
(C) Decisions.
(1) (a) The Planning and Zoning Board shall render a written decision on the appeal within a reasonable time, but in no event shall that decision be rendered more than 90 days after the filing of the notice of appeal by the Clerk.
(b) Any member of the Planning and Zoning Board who was absent from the public hearing, but certifies that he or she has read the transcript of the proceedings before the Board, may vote upon any question before the Board.
(2) The Board shall promptly forward a copy of the decision to the applicant, Planning and Zoning Administrator and Village Clerk.
(3) The Board may affirm, or may, upon the concurring vote of five members, reverse, wholly or in part, or modify the decision of the Planning and Zoning Administrator, as, in its opinion, ought to be done and, to that end, shall have the powers of the Planning and Zoning Administrator.
(4) All decisions rendered by the Planning and Zoning Board on any administrative order, requirement, decision or determination of the Planning and Zoning Administrator shall, in all instances, be final administrative determinations, and shall be subject to judicial review only in accordance with applicable law.
(Prior Code, § 20-1531) (Ord. 1699, passed 3-17-2014)
(D) Stay of proceedings.
(1) An appeal shall stay all proceedings in furtherance of the decision appealed, unless the Planning and Zoning Administrator certifies to the Planning and Zoning Board, after the notice of the appeal has been filed with him or her, that by reason of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(2) In such a case, the proceedings shall not be stayed, unless by a restraining order, which may be granted by the Board of Trustees or by a court of record on application, on notice to the Planning and Zoning Administrator, and on due cause shown.
(Prior Code, § 20-1532)
(Ord. 1699, passed 3-17-2014)