The Board of Zoning and Building Appeals shall:
(a) Review and decide appeals on decisions or orders made by the Zoning Inspector or other administrative officers governing zoning and building in the Village. An appeal to the Board may be taken by:
(1) The owner of property that is the subject of the decision or order;
(2) The owner of adjacent or contiguous property to the property that is the subject of the decision or order;
(3) Any other person who claims a direct, present injury or prejudice to a personal or property right or interest because of the decision or order.
Such appeal shall be taken within ten days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector or Village Manager shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken.
(b) Review to approve, disapprove, or approve with modifications, variances as provided for in Chapter 1147
, from the provisions of this Zoning Ordinance and to attach to the variance whatever conditions that are deemed necessary to meet the objectives of this Ordinance.
(c) Review to approve, disapprove, or approve with modifications the Zoning Inspector's decision or interpretation of the official Zoning Map and Zoning Code text. In any case where a question exists as to the location of any boundary line between zoning districts, or where the streets or lot layouts actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property or properties concerned, and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Code.
(d) Review to approve, disapprove, or approve with modifications, applications for conditional use as provided for in Chapter 1145
and to attach to such conditional use whatever conditions are deemed necessary to meet the objectives of this Ordinance.
(e) Review to approve, disapprove, or approve with modifications, applications for substitution of a nonconforming use as provided in Chapter 1149
and to attach to such substitution whatever conditions are deemed necessary to meet the objectives of this Ordinance.
(f) If a majority of the members of the Board decides that the Board needs legal counsel for any public or administrative hearing that the Board is authorized or required to conduct or participate in under this Zoning Ordinance, the chairperson shall request Council to provide such counsel. If Council approves the request, it shall direct the Law Director to select counsel for the Board, subject to the financial approval of the Village Manager.
(Ord. 11-2012. Passed 7-18-12.)