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 thirty (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 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.

Powers of Zoning Board of Appeals. In addition to these powers enumerated elsewhere in this code, the board of appeals shall have the following powers:

1.

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator or building inspector.

2.

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this title shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

3.

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the village board has made a review and recommendation.

4.

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the village board has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

5.

Unclassified Uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district and the village board has made a review and recommendation.

6.

Temporary Uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the village board has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals and shall be issued for a period not to exceed twelve (12) months. Compliance with all other provisions of this title shall be required.

7.

Permits. The board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.

(Prior code § 13-1-190)

The board of appeals shall fix a reasonable time for the 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 ten (10) days prior to the hearing of the fee owners of records of all land within two hundred (200) feet of any part of the subject building or premises involved in the appeal.

(Ord. 2007-04 (part): prior code § 13-1-191)

A.

Timeframe. The board of appeals shall decide all appeals and applications within thirty (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.

B.

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by this board.

C.

Validity. Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(Prior code § 13-1-192)

Any person or persons aggrieved by any decision of the board of appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the offices of the board of appeals.

(Prior code § 13-1-194)