This chapter shall be administered by the Village
Building Inspector or Village Board designee and enforced by the Village
Board, who may institute in the name of the Village any appropriate
actions or proceedings against a violator as provided by the law.
The duties of the Village Building Inspector and/or designee of the
Village Board shall be as follows:
A. Receive applications, issue permits and make inspections
and maintain records as required by this chapter.
B. Administer this chapter with the authority to enter
upon any public or private premises at a reasonable time and make
an inspection thereof and, upon reasonable cause or question of proper
compliance, revoke any building permit and issue cease and desist
orders requiring the cessation of any building, moving, alteration
or use which is in violation of this chapter, such revocation to remain
in effect until reinstated by the Zoning Board of Appeals or the Village
Board.
The Zoning Board of Appeals shall fix a reasonable
time, not more than 30 days from the date of filing, for the hearing
of an appeal and shall give due notice thereof to all the parties
involved. The Board or any of its officers it shall designate shall
cause notice of such hearings to be published in the Village's newspaper
or newspapers. At the hearing, anyone may appear in person or by agent
or attorney.
In addition to these powers enumerated in Chapter
20 of this Code, the Zoning Board of Appeals shall have the following powers:
A. Errors. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination
made by the Building Inspector.
B. Variances. To hear and grant appeals for variances in accordance with the procedures and requirements of §
485-105. Use variances shall not be granted. In every case where a variance from the regulations has been granted by the Zoning Board of Appeals, the minutes of the Board shall affirmatively show that "an unnecessary hardship" or "practical difficulty" exists, and the records of the Board shall clearly show in what particular or specific respects an unnecessary hardship or practical difficulty has been created.
C. Interpretations. To hear and decide application for
interpretations of the zoning regulations and the boundaries of the
zoning districts.
D. 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. Whenever
the Zoning Board of Appeals permits such a substitution, the use may
not thereafter be changed without application.
E. 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.
F. 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. The permit shall be temporary,
revocable, subject to any condition required by the Zoning Board of
Appeals, and shall be issued for a period not to exceed 12 months.
Compliance with all other provisions of this chapter shall be required.
G. Permits and decisions. The Board may reverse, affirm
wholly or partly, modify the requirements appealed from, and may issue
or direct the issue of a permit. In exercising the preceding powers,
the Board may, in conformity with the provisions of this chapter,
reverse or affirm, wholly or in part, or may modify the order, requirement,
decision or determination appealed from, and make such order, requirement,
decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken,
and may issue the permit. The concurring vote of four members of the
Board shall be necessary to reverse any order, requirement, decision
or determination of the Building Inspector or to decide in favor of
the applicant on any matter upon being brought before the Board as
required by this chapter. The grounds of every determination shall
be stated.