(a) Scope of appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the village affected by any decision of the administrative officer. Such appeal shall be taken within reasonable 30 days of the alleged grievance or judgment in question by filing with the officer(s) from whom the appeal is taken and with the Board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Village Board. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers constituting the record of appeals upon which the action appeals from was taken.
(b) Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(c) Hearing on appeals. Within 60 days after the filing of a complete application the Board of Appeals shall fix a reasonable time for a public hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing of the fee owners of records of all land within 100 feet of any part of the subject building or premises involved in the appeal.
(d) Decision of the Board of Appeals.
(1) Timeframe. The Board of Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the Board’s decision to the appellant or applicant and the Zoning Administrator, Clerk, and highest elected official, as appropriate.
(2) Conditions. Conditions may be placed upon any zoning permit ordered or authorized by this Board.
(3) Validity. Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
(e) Effect of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Zoning Administrator, Clerk, and highest elected official, as appropriate, or designee.
(Ord. passed 1-18-2021)