A. Authority. The Zoning Board of Appeals shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Village Manager acting pursuant to his or her authority and duties under this Code, and to that end the Zoning Board of Appeals shall have the same powers and be subject to the same standards and limitations as the Village Manager with respect to any order, decision, or determination being appealed.
B. Purpose. The appeal procedure is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intents of this Code or the rightful authority of the Village Manager to enforce the requirements of this Code. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Code and to the reasonable interpretations of that language by those charged with the administration of this Code.
C. Parties Entitled to Appeal. An appeal may be taken by any officer, department, board, commission, or bureau of the Village, or by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Village
Manager acting pursuant to his or her authority and duties under this Code.
D. Procedure.
1. Application. An application for appeal to the Zoning Board of Appeals shall be filed not later than 45 days after the action being appealed and in accordance with the requirements of Section 7-201 of this Code.
2. Action by Village Manager. Upon receipt of a properly completed application for an appeal, the Village Manager shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.
3. Public Hearing. A public hearing shall be set, noticed, and conducted in accordance with Section 7-203 of this Code.
4. Action by Zoning Board of Appeals. Within 45 days following the close of the public hearing, the Zoning Board of Appeals shall render a decision on the appeal in the manner and form specified in Subsection 7-102H of this Code. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Board of Appeals, is proper to be made in the premises. The failure of the Board of Appeals to act within such 45 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.
E. Stay of Proceedings. An application for appeal properly filed pursuant to Subsection D of this Section shall stay all proceedings in the furtherance of the action appealed from, unless the Village Manager certifies to the Zoning Board of Appeals after the application for appeal has been filed with the Manager that, by reason of facts stated in the certificate, a stay would, in the Manager's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by the Illinois Circuit Court on application, upon reasonable written notice to the Manager and on due cause shown.
F. Right to Grant Variation in Deciding Appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with Section 7-403 of this Code, the Zoning Board of Appeals shall have the authority to grant, as part of the relief, a variation, but only in strict compliance with each provision of Section 7-403 of this Code.
G. Conditions and Limitations on Rights Granted by Appeal. In any case where this Code imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.