(A) The ZBA shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the person or body charged with administration or enforcement of the chapter. Such appeals may be taken to the ZBA by the person, firm or corporation aggrieved, or by an officer, department, board or bureau of the village affected by the order, requirement, decision or determination, provided that a notice of appeal application is filed with the village within a reasonable time of the order, requirement, decision or determination, not to exceed 21 days. An appeal shall stay all administrative or enforcement proceedings associated with the appeal, unless the Building Official certifies to the ZBA that, by reason of facts stated in the certificate, a stay in the opinion of the Building Official would cause imminent peril to life or property.
(B) The ZBA shall reverse an administrative decision only after finding that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion or based upon an erroneous interpretation of the chapter.
(Ord. 160, passed 4-21-2022)