8-4-5: APPEALS AND VARIANCES:
   A.   Right to Appeal: Any interested party shall have the right to request, in writing, an interpretation or ruling on any matter covered by this Chapter and shall be entitled to a written reply from the City. (1988 Code § 21.601)
   B.   Petition for Appeal: Any decision of the City Engineer in the enforcement of this Chapter may be appealed or a request for a variance therefrom made to the Board of Zoning Appeals 1 by filing a written petition with the Clerk of the City within thirty (30) days of the City Engineer's ruling. Said petition shall specify in detail the matter or matters involved and the hardship or practical difficulty causing the need for variance. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the City Engineer shall file, within seventy two (72) hours after the filing of a petition, a certificate stating that a stay would cause peril to life or property or specifying other good reason. (1988 Code § 21.602)
   C.   Hearing Time: The City Council shall direct the Board of Zoning Appeals to fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. (1988 Code § 21.603)
   D.   Public Hearing: The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the City Engineer may present evidence in support of his decision. (1988 Code § 21.604)
   E.   Granting or Denial: The Board of Zoning Appeals shall recommend the granting or denial of the appeal or variance to the City Council in the manner provided by law 2 . (1988 Code § 21.605)

 

Notes

1
1. See Title 2, Chapter 2 of this Code.
2
2. S.H.A. 65 ILCS 5/11-13-3.