(A) Authority: The Zoning Board of Appeals is authorized to hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Zoning Administrator acting pursuant to his or her authority and duties under this chapter and to that end the Zoning Board of Appeals has the same powers and is subject to the same standards and limitations as the Zoning Administrator with respect to any order, decision, or determination being appealed.
(B) Purpose: The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It 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 chapter or the rightful authority of the Zoning Administrator to enforce the requirements of this chapter. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this chapter and to the reasonable interpretations of that language by those charged with the administration of this chapter.
(C) Parties Entitled To Appeal: An application for appeal to the Zoning Board of Appeals may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Zoning Administrator acting pursuant to his or her authority and duties under this chapter.
(D) Procedure:
(1) Application. An application for appeal to the Zoning Board of Appeals must be filed not later than 45 days following the action being appealed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.
(2) Referral By Zoning Administrator. Upon receipt of a properly completed application for an appeal, the Zoning Administrator will transmit to the Zoning Board of Appeals the application together with all papers constituting the record upon which the action appealed from was taken.
(3) Public Hearing. A public hearing will be set, noticed, and conducted by the Zoning Board of Appeals in accordance with §§ 159-2.202 and 159-2.203 of this part.
(4) Action By Zoning Board Of Appeals. Within 30 days following the close of the public hearing, the Zoning Board of Appeals will render a decision on the appeal. The 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 Zoning Board of Appeals, is proper to be made in the premises. The failure of the Zoning Board of Appeals to act within 30 days, or such further time to which the owner may agree, will be deemed to be a decision denying the appeal.
(5) Written Decision. The Zoning Board of Appeals' decision must be transmitted in writing to the applicant, and include findings of fact specifying the reasons for the decision.
(E) Stay Of Proceedings: An application for an appeal properly filed will stay all proceedings in the furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property, in which case the proceedings will not be stayed.
(F) Conditions And Limitations On Rights Granted By Appeal: In any case where this chapter imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Appeals on appeal will 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.
(G) Review Under Administrative Review Law: All final administrative decisions of the Zoning Board of Appeals are subject to judicial review pursuant to the provisions of the State of Illinois Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto.
(Ord. 17-2-2065, passed 2-27-2017)