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A. Except for an citation issued pursuant to Section 1-4-5 of the Village Code, any applicant or person aggrieved by a Decision of the Village Zoning and Building Director shall have the right to appeal the decision to the Zoning Board of Appeals, Such appeal shall be requested by filing a notice of appeal directly with the Zoning and Building Director and the Zoning Board of Appeals. The notice of appeal shall be filed within forty-five (45) days of the Village Zoning and Building Director's decision. The notice of appeal, which may be on the Village's Land Use Application form, must specify the applicant's grounds for appeal.
B. The Zoning and Building Director shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
C. The filing of an appeal stays all proceedings in furtherance of the action appealed from unless the Village Zoning and Building Director certifies to the Zoning Board of Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion cause imminent peril to life or property. In this event the proceedings shall not be stayed except by a restraining order which may be granted by the Zoning Board of Appeals or by a circuit court upon application and notice to the officer from whom the appeal is taken, and on due cause shown.
D. The Zoning Board of Appeals shall consider the appeal at its next regularly scheduled meeting, but in no event shall the appeal be heard later than forty-five (45) days from the date of the filing of the notice of appeal.
E. The applicant may appear in person or by agent or by attorney at the hearing before the Zoning Board of Appeals at which time the applicant shall be entitled to present his appeal orally or in writing.
F. Upon considering the record provided by the Village Zoning and Building Director and the appeal provided by the applicant, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the Village Zoning and Building Director as in its opinion ought to be made in the premises and to that end has all the powers of the Village Zoning and Building Director. However, the concurring vote of 4 members of the Zoning Board of Appeals is required to reverse an order, requirement, decision, or determination of such the Village Zoning and Building Director in favor of the applicant. Except where any provision of the Village Code, or state statute, specifies that the action of the Zoning Board of Appeals is a recommendation to the Village Board, or is subject to further proceedings pursuant to Section 1-4-5 of the Village Code, all administrative decisions of the Zoning Board of Appeals shall be deemed final and subject to judicial review pursuant to the provisions of the Administrative Review Law 735 ILCS 5/3-101 et seq., and all amendments and modifications thereof, and the rules adopted pursuant thereto. (Ord. 20-05, 4-21-2020)