A.   Authority: The Planning and Zoning Commission shall serve in the authority of hearing appeals to the interpretation and implementation of the provisions of Title 9 of the Lake Zurich Municipal Code, entitled “Zoning Code.” The Planning and Zoning Commission shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act of, the village manager acting pursuant to his or her authority and duties under this zoning code. To that end the Planning and Zoning Commission shall have the same powers and be subject to the same standards and limitations as the village manager with respect to any order, decision, or determination being appealed.

   B.   Purpose: The appeal procedure is intended to avoid the need for resorting to legal action by establishing local procedures to review and correct administrative errors. It is not intended, however, as a means to subvert the clear purposes, meanings, or intents of this zoning code or the rightful authority of the village manager to enforce the requirements of this zoning code. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this zoning code and to the reasonable interpretations of that language by those charged with the administration of this zoning code.

   C.   Parties Entitled To Appeal: An application for appeal to the Planning and Zoning Commission may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the village manager acting pursuant to his or her authority and duties under this zoning code.

(Ord., 10-2004; amd. Ord. 2023-10-529, 10-17-2023)

   A.   Application: An application for appeal to the Planning and Zoning Commission shall be filed not later than forty five (45) days after the action being appealed and in accordance with the requirements of section 9-14-1 of this title.

   B.   Action By Village Manager: After receipt of a properly completed application for an appeal, the village manager shall forthwith transmit to the Planning and Zoning Commission the application together with all papers constituting the record on which the action appealed from was taken.

   C.   Public Hearing: A public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with section 9-14-3 of this title.

   D.   Action By Planning and Zoning Commission: Within forty five (45) days after the close of the public hearing, the Planning and Zoning Commission shall render a decision on the appeal in the manner and form specified in subsection 9-12-2H of this title. Such 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 Planning and Zoning Commission, is proper to be made in the premises. The failure of the Planning and Zoning Commission to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.

(Ord., 10-2004; amd. Ord. 2023-10-529, 10-17-2023)

An application for appeal properly filed pursuant to section 9-16-2 of this title shall stay all proceedings in the furtherance of the action appealed from, unless the village manager certifies to the Planning and Zoning Commission after the application for appeal has been filed with the manager that, by reason of facts stated in the certificate, a stay would, in the manager’s opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Planning and Zoning Commission or by the Illinois circuit court on application, on reasonable written notice to the manager, and on due cause shown.

(Ord., 10-2004; amd. Ord. 2023-10-529, 10-17-2023)

In any case where this zoning code imposes conditions and limitations on any right, any such right granted by the Planning and Zoning Commission on appeal shall 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.

(Ord., 10-2004; amd. Ord. 2023-10-529, 10-17-2023)