Appeals to the Board concerning interpretation or administration of this Code may be submitted by any person, firm or corporation deeming him/herself or itself to be adversely affected or by any officer or bureau or the legislative authority of the Village affected by any decision of the Zoning Administrator, or by any administrative officer deciding matters relating to this Zoning Code.
(a) Initiation of Appeal. Applications for appeal, together with the required application fee, shall be filed with the Zoning Administrator and thereby with the Board within ten days after the date of any adverse order, requirement, decision, or determination. The application for appeal shall include reference to the decision, the provision of this Zoning Code from which the appeal is sought, and reasons for the appeal. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b) For the purposes of this chapter, an applicant's request for a variance from the terms of this Zoning Code shall be considered as an appeal to the Board of Zoning Appeals, subject to the regulations set forth in this chapter.
(c) Public Hearing by the Board. When an application for appeal has been filed in proper form with the Board of Zoning Appeals and the application fee has been paid, the Zoning Administrator shall immediately place the request upon the calendar for public hearing before the Board of Zoning Appeals.
(1) The Board shall hold a public hearing within forty-five days after the receipt of a completed application for an appeal.
(2) The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney.
(d) Notice of Public Hearing. Before holding the public hearing, notice of such hearing shall be provided according to the following:
(1) Notice of the public hearing shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of such public hearing.
(2) Written notice of the public hearing shall be mailed at least ten days before the day of the hearing to the applicant and all parties having proprietary interest in land within 500 feet of the property to which such appeal relates. Failure of delivery of such notice shall not invalidate action taken on such application.
(3) All notices shall set forth the time, place and nature of the public hearing.
(e) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken on due cause shown.
(f) Review of Appeal. The Board of Zoning Appeals shall review the application. To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or experts opinions shall be compiled by the Zoning Administrator and transmitted to the Board prior to the time of the Board's review.
(g) Decision of the Board. Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.
(1) The Board shall render a decision on the appeal within thirty days from the date of the hearing unless an extended period of time is mutually agreed upon by the applicant and the Board.
(2) The Board shall notify the appellant in writing of the decision of the Board.
(3) Minutes of all proceedings upon appeal, showing the vote of each member thereon, and record of the Board's official actions shall be kept in the office of the Zoning Administrator.
(4) Once the appellant has received the Board's decision, he/she shall, within twelve months following the date of approval, submit an application for a zoning permit, conditional zoning certificate, or other action that complies with the Board of Zoning Appeal's decision.
A. A copy of the Board of Zoning Appeal's decision shall be attached to the application.
B. If action is not taken by the appropriate party within the above-specified time frame, the authorization of the appeal shall become null and void, and re-application to the Board shall be necessary.
(h) Re-application of an Appeal. If the Board of Zoning Appeals denies the appeal, the Board need not rehear the application unless substantial new evidence is submitted.
(Ord. 2009-17. Passed 9-15-2009.)