The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals filed by any person aggrieved, or by an officer, department, board or bureau of the Village.
Appeals of administrative decisions may be filed by any person aggrieved by the Code Enforcement Officer or other administrative official's decision or action. The ZBA is authorized to make determinations about whether individuals filing appeals are aggrieved by the decision or action.
A. 
Complete applications for appeals of administrative decisions must be made in writing and filed with the Village Clerk.
B. 
Appeals of administrative decisions must be filed within 60 days of the date of the decision being appealed.
The filing of a complete appeal stays all proceedings in furtherance of the action appealed, unless the Code Enforcement Officer certifies to the ZBA, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property.
Upon receipt of a complete application of appeal, the Code Enforcement Officer or other administrative official whose decision is being appealed must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.
Notice of required public hearings on appeals must be provided via newspaper, mail, and posted notice as required by the Village Board and by state law. (See § 95-60.3C for additional information on public hearing notices.)
A. 
The ZBA must hold a public hearing on the appeal.
B. 
The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
C. 
In acting on the appeal the ZBA must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
D. 
The ZBA shall decide each appeal within 62 days of the public hearing.