§ 2.7. APPEALS

2.7.1

Review of Final Decision

An appeal may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination made by the Zoning Administrator or the Development Review Board (DRB), by any person aggrieved by action taken under the regulations of this development code. The Zoning Board of Appeals shall hear the appeal and decide to affirm, reverse or modify and place conditions upon any order of the Zoning Administrator or Development Review Board.

2.7.2

Initiation

An appeal may be taken to the Zoning Board of Appeals, within 30 days of an administrative ruling, by any person, firm or corporation, or by any office, department, board, bureau, or commission, aggrieved by an administrative order, requirement, decision or determination under this development code by the Zoning Administrator or Development Review Board.

2.7.3

Processing

A.

An appeal shall be filed with the Zoning Administrator, who shall forward such appeal to the Zoning Board of Appeals for processing in accordance with applicable Statutes of the State of Illinois.

B.

The fees for all appeals shall be as set forth in 2.14.

2.7.4

Public Hearing and Notice

Notice of all Zoning Board of Appeals hearings shall be made in the same manner as notice of applications for major variations. A public hearing on all appeals shall be conducted by the Zoning Board of Appeals. The Zoning Administrator or Development Review Board may appear as a party at such hearings.

2.7.5

Zoning Board of Appeals Decisions

Following a hearing by the Zoning Board of Appeals on any appeal from a Development Review Board decision, an administrative order, requirement, decision or determination relating to this development code, the Zoning Board of Appeals shall make findings and affirm, reverse or modify the Development Review Board or administrative decision. A decision by the Zoning Board of Appeals shall be final administrative determination. The Zoning Board of Appeals shall not, by its decision on appeal, permit a variation in the application of the regulations of this chapter. In order to reverse or modify an action, any one or combination of following findings must be satisfied:

A.

That the provision in question is unclear and an interpretation is necessary to determine the intent and application of the provision.

B.

That the Zoning Administrator or DRB misinterpreted the provisions of this chapter.

The Zoning Board of Appeals shall decide an appeal within 30 days after close of the hearing thereon unless this time period is extended by mutual consent of the Zoning Board of Appeals and the applicant.