(a) PURPOSE
. The purpose of this section is to provide for appeals by interested parties of decisions and actions by the zoning administrator and plan commission.
(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 hearing officer 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 hearing officer shall affirm, reverse, or remand the interpretation. In reversing or remanding the interpretation back to the zoning administrator, the zoning hearing officer shall state the rationale for his/her decision.
(3) Application and Review Procedures
. Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201, 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. (Ord. No. 3026-2007(2); new Sec. 35-2208(e) enacted; 09/18/07)
(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 of the action in accordance with Table 35-2100.1 and this section, and the Illinois Administrative Review Law, found generally at 735 ILCS 5/3-101, et al.
(1) Approval Criteria
. In granting an appeal to final action on an administrative development permit, the appellate body 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/her discretion; in which case such arbitrarily, caprice or abuse shall be detailed in written findings and forwarded to the director of planning and development and City administrator.
(2) Decision-maker
. The appellate body for a particular administrative development permit shall be as specified on Table 35-2100.1. The appellate body shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the zoning administrator, the appellate body shall state the rationale for its decision. A two-thirds (2/3) vote of the entire membership of the appellate body shall be required to reverse the zoning administrator’s action.
(3) Application and Review Procedures
. Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201 with 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 (c)(1) of this section.
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 appellate body may hold a full evidentiary hearing to make a finding regarding the zoning administrator’s action in accordance with the criteria provided in (c)(1) of this section. However, the appellate body 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 PLAN COMMISSION ACTION
. Any interested party, aggrieved by or claimed to be aggrieved by a decision or final action of the plan commission may request an appeal of the action in accordance with Table 35-2100.1. and this section. Appeals of denials made by the plan commission on items for which they make a recommendation and are not the final decision-maker, shall be heard by the City Council in accordance with these provisions.
(1) Approval Criteria.
a. Findings. In granting an appeal to action on a non-administrative development permit, the City Council shall find:
1. The plan commission has acted in a manner inconsistent with the provisions of this Code or other applicable local, state, or federal law; or
2. The plan commission has made erroneous findings of fact based on the evidence and testimony on the record; or
3. The plan commission 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 plan commission has acted arbitrarily, capriciously and/or abused its discretion; in which case such arbitrariness, caprice and abuse shall be detailed in written findings along with other relevant information; and
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 plan commission’s 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 plan commission for a rehearing and direct that such facts be included in the record.
(2) Decision-maker
. The City Council shall affirm, reverse, or remand the decision. In reversing or remanding the decision back to the plan commission, the City Council shall state the rationale for its decision. A two-thirds (2/3) vote of the entire membership of the City Council shall be required to reverse the plan commission’s 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 (d)(1) of this section. 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 plan commission’s 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 plan commission’s action. No new evidence or testimony may be presented, except that City staff may be asked to interpret materials contained in the record.
(e) Appeal of amendment to zoning map. [Reserved].
(Ord. No. 3026-2007; new Sec. 35-2208(3) enacted; 09/18/07; Ord. 3003-2024, 2/26/24)