A.

Scope and manner of appeals. Appeals to the zoning 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 under this chapter or the zoning administrator or other administrative official affecting property within the village. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question. Such appeal shall be a notice in writing and filed with the officer from whom the appeal is taken and with the zoning board of appeals, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the zoning administrator. The notice of appeal shall specify the grounds of such appeal, and any matter omitted therefrom shall not be considered by that board. The officer from whom the appeal is taken shall forthwith transmit to that board all the papers constituting the record upon which the action appealed 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 zoning board of appeals that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order that 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.

Public hearing for appeals of zoning interpretation. The board of appeals shall conduct at least one public hearing on the proposed appeal. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the village, and shall give due notice to the parties in interest, the zoning administrator, and the plan commission. At the hearing the applicant may appear in person, by agent, or by attorney. The board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, zoning administrator, and plan commission.

D.

Concurring vote and decision. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of any applicant on any matter upon which it is required to pass under the zoning ordinance or to effect any variance in such ordinance. The grounds of any such determination shall be stated.

(Ord. No. 16-07, 6-20-2016)