(A) Purpose. The purpose of this section is to provide for appeals by interested parties of decisions and actions by the Zoning Administrator and Zoning Board of Appeals.
(B) Appeal of administrative interpretations. Any interested party aggrieved or claimed to be aggrieved by an interpretation of this code rendered by the Zoning Administrator may request an appeal of the interpretation in accordance with this section.
(1) Approval criteria. In granting an appeal from an administrative interpretation, the Zoning Board of Appeals shall determine whether the interpretation by the Zoning Administrator was in accordance with the intent and requirements of this code.
(2) Decision-maker. The Zoning Board of Appeals shall affirm, reverse, or remand the interpretation. In reversing or remanding the interpretation back to the Zoning Administrator, the Zoning Board of Appeals shall state the rationale for their decision.
(3) Application and review procedures. Application requirements and processing procedures are described in Table 154.918.1 and § 154.926, with the following deviations:
(a) Application materials. The appellant shall provide a written statement citing the specific provision(s) of this code the appellant believes the Zoning Administrator has incorrectly interpreted and the appellant's own interpretation of the provision(s).
(b) Notice. Notice of the hearing is not required to anyone other than the appellant.
(c) Zoning Administrator's report. The Zoning Administrator shall prepare a report detailing the specific provision(s) of this code that are in question, said Administrator's interpretation of the provision(s) and the general basis of the interpretation.
(C) Appeal of final action on administrative development permits. Any interested party aggrieved or claimed to be aggrieved by a final action of the Zoning Administrator on an administrative development permit may request an appeal from the action by the Zoning Board of Appeals in accordance with this section and Illinois Administrative Review Law, found generally at ILCS Ch. 735, Act 5, §§ 3-101 et seq.:
(1) Approval criteria. In granting an appeal to final action on an administrative development permit, the Zoning Board of Appeals shall find the Zoning Administrator:
(a) Has acted in a manner inconsistent with the provisions of this code or other applicable local, state, or federal law; or
(b) Has made clearly erroneous findings of fact based on the evidence and testimony on the record; or
(c) Has failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or
(d) Has acted arbitrarily, capriciously and/or abused his discretion.
(2) Decision-maker. The Zoning Board of Appeals shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the Zoning Administrator, the Zoning Board of Appeals shall state the rationale for its decision. A two-thirds vote of the entire membership of the Zoning Board of Appeals shall be required to reverse the Zoning Administrator's action.
(3) Application and review procedures. Application requirements and processing procedures are described in Table 154.918.1 and § 154.920 the following deviations:
(a) Application materials. The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in division (C)(1) above.
(b) Notice to applicant. If the appellant is not the applicant, the Zoning Administrator, shall notify the applicant of the request and the applicant shall provide a written response.
(c) Preparation of the record. The Zoning Administrator shall compile all materials made a part of the record of the Zoning Administrator's action. As may be requested by the appellate body, the Zoning Administrator also may provide a summary report of the record.
(d) Notice. No notice of the appeal is required.
(e) Conduct of hearing. The Zoning Board of Appeals may hold a full evidentiary hearing to make a finding regarding the Zoning Administrator's action in accordance with the criteria provided in division (C)(1) above. However, the Zoning Board of Appeals also may limit testimony and evidence to that contained on the record at the time the Zoning Administrator took final action, or place any other limits on additional testimony and evidence it deems appropriate.
(D) Appeal of action by the Zoning Board of Appeals. Any interested party , the Mayor, or any member of City Council aggrieved by or claimed to be aggrieved by a decision or final action of the Zoning Board of Appeals may request an appeal of the action in accordance with Table 154.918.1 and this section.
(1) Approval criteria.
(a) Findings. In granting an appeal to action on a non-administrative development permit, the City Council shall find:
1. The Zoning Board of Appeals has acted in a manner inconsistent with the provisions of this code or other applicable local, state, or federal law; or
2. The Zoning Board of Appeals has made erroneous findings of fact based on the evidence and testimony on the record; or
3. The Zoning Board of Appeals has failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or
4. The Zoning Board of Appeals has acted arbitrarily, capriciously and/or abused its discretion.
5. In addition to one or more of the above findings, the City Council shall find the appellant was present in person or by lawful representative at the hearing during which the original decision was made or was otherwise on the official record concerning the development application.
(b) Facts on record. In considering a request for appeal, the City Council shall consider only those facts, evidence, testimony and witnesses that were part of the official record of the Zoning Board of Appeals action. No new evidence or testimony may be considered, except city staff may be asked to interpret materials contained in the record. If the City Council finds that pertinent facts were not considered or made a part of the record, they shall remand the item back to the Zoning Board of Appeals for a rehearing and direct that such facts be included on the record.
(2) Decision-maker. The City Council shall affirm, reverse, or remand the decision. In reversing or remanding the decision back to the Zoning Board of Appeals, the City Council shall state the rationale for its decision. A simple majority vote of the entire membership of the City Council shall be required to reverse the Zoning Board of Appeals action.
(3) Application and review procedures. Requests for an appeal shall be submitted to the Zoning Administrator in accordance with the following:
(a) Application materials. The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in division (D)(1) above. The appellant also shall submit evidence of his/her attendance in person or by lawful representative at the original hearing or other testimony or correspondence from him/her that was in the official record at the time of the original hearing.
(b) Application fees. The appropriate fee, as may be approved by the City Council, shall be submitted with the request.
(c) Notice to applicant. If the appellant is not the applicant, the Zoning Administrator, shall notify the applicant of the request and the applicant shall review the request and provide a written response.
(d) Preparation of record. The Zoning Administrator shall compile all material made a part of the official record of the Zoning Board of Appeals action. As may be requested by the City Council, the Zoning Administrator also may provide a summary report of the record.
(e) Notice. Notice of the appeal hearing shall be provided in the same manner as was required with the original action.
(f) Hearing. The Zoning Administrator shall schedule the appeal before the City Council. The City Council shall hold a hearing and render a decision.
(g) Conduct of hearing. At the hearing, the City Council shall review the record of the Zoning Board of Appeals action. No new evidence or testimony may be presented, except that city staff may be asked to interpret materials contained in the record.
(Ord. O-05-04, passed 4-11-05)