(A) Authority. The Planning and Zoning Commission is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Zoning Administrator or any other administrative official in the administration, interpretation or enforcement of this zoning ordinance.
(B) Right to appeal. Appeals of administrative decisions may be filed by any person aggrieved by the Zoning Administrator or other administrative official's decision or action. The Planning and Zoning Commission is authorized to make determinations about whether individuals filing appeals are "aggrieved" by the decision or action.
(C) Application filing.
(1) Complete applications for appeals of administrative decisions must be filed with the Zoning Administrator.
(2) Appeals of administrative decisions must be filed within 30 days of the date of the decision being appealed.
(D) Effect of filing. The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning and Zoning Commission, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Planning and Zoning Commission or by a court of record based on due cause shown.
(E) Record of decision. Upon receipt of a complete application of appeal, the Zoning Administrator or other administrative official whose decision is being appealed must transmit to the Planning and Zoning Commission all papers constituting the record upon which the action appealed is taken.
(F) Notice of hearing. Notice of the Planning and Zoning Commission's required public hearing must be published in the newspaper in accordance with § 155-16.10(D)(3).
(G) Hearing and final decision.
(1) The Planning and Zoning Commission must hold a public hearing on the appeal.
(2) Following the close of the hearing, the Planning and Zoning Commission must take action on the appeal. Their decision must be supported by written findings of fact.
(3) In exercising the appeal power, the Planning and Zoning Commission has all the powers of the administrative official from whom the appeal is taken. The Planning and Zoning Commission may affirm or may, upon the concurring vote of at least four members, reverse, wholly or in part, or modify the decision being appealed.
(4) In acting on the appeal the Planning and Zoning Commission must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
(H) Review criteria. An appeal may be sustained only if the Planning and Zoning Commission finds that the Zoning Administrator or other administrative official erred.
(I) Appeals.
(1) Appeals of the Planning and Zoning Commission's decisions may be filed by any person aggrieved by their action. The appeal must be filed with the Zoning Administrator within 15 days of the Planning and Zoning Commission decision.
(2) Upon receipt of a complete appeal application, the Zoning Administrator must forward the appeal to the County Board.
(3) The County Board may overturn the decision of the Planning and Zoning Commission only if approved by at least a three-fourths majority vote of the entire County Board.
(4) Any decisions of the Planning and Zoning Commission not appealed to the County Board within 15 days of the date of the Planning and Zoning Commission decision will be considered a final administrative determination and will be subject to judicial review only in accordance with applicable Illinois Statutes.
(Ord. effective 10-1-2012)