(A)

Enforcement Officer. The Director of Community and Economic Development shall be appointed by the Mayor and shall have the authority to enforce the provisions of this chapter. The Director of Community and Economic Development may request and shall receive, so far as may be necessary in the discharge of the Director of Community and Economic Development's duties, the assistance and cooperation of the City Engineer in fixing grades, of the Chief of Police in enforcing order, of the City Attorney in interpreting the provisions of this chapter and prosecuting violations, and of other city officials as necessary.

(B)

Building plans. In all cases where a building or sign permit is required and applied for, and in all other cases in which the requirements of this chapter may be involved in any construction or use, plans shall be filed with the Director of Community and Economic Development that are sufficient in scope and character to allow a determination that all relevant requirements of this chapter have been met, subject to the provisions of the Building Code and such other rules as the Director of Community and Economic Development shall prescribe. No building or sign permit shall be issued until the Director of Community and Economic Development has determined and certified that such plans comply fully with this chapter.

(C)

Occupancy permit.

(1)

A certificate of occupancy shall be required and issued by the Director of Community and Economic Development for any use, conversion or change of the use or occupation of a building or land for any of the following:

(a)

Occupancy and use of a new or enlarged building or structure;

(b)

A change or conversion in occupancy or use of an existing building or structure;

(c)

Establishment of a new use;

(d)

Occupancy and use of vacant land;

(e)

Change or conversion in the use of land to use of a different classification;

(2)

Upon a request from the owner or tenants of any conforming or nonconforming use already established, the Director of Community and Economic Development shall issue a certificate of occupancy stating the exact status of such use. In the case of other uses already established, the Director of Community and Economic Development may carry on such programs of registration of uses as are deemed appropriate. Except for a legal nonconforming use, no certificate of occupancy shall be issued until the Director of Community and Economic Development has determined that such occupancy complies fully with the requirements of this chapter.

(Ord. 07-13, passed 10-9-07; Am. Ord. 08-2, passed 5-13-08; Am. Ord. 14-16, passed 4-8-14; Am. Ord. 22-24, passed 8-23-22)

(A)

Establishment. A Planning and Zoning Commission has been established pursuant to § 33.060 of this code, and members of this Commission shall be appointed and serve as provided therein. The powers and duties of this Commission shall be as set forth in § 33.067 of this code.

(B)

Petitions for zoning relief.

(1)

Filing of petitions. Petitions to the Planning and Zoning Commission for any amendment to the regulations contained in this chapter; any amendment to zoning district boundaries or classifications of properties; any variation, special use or approval or modification of a planned unit development; or any appeal from an order, requirement or decision made by the Director of Community and Economic Development or other officer or department, shall be filed with the Community Development Department upon forms, and accompanied by such information, as may be prescribed and made available for that purpose by the Planning and Zoning Commission or the Director of Community and Economic Development, so as to assure the fullest practicable presentation of facts.

(2)

Initiation.

(a)

A petition for an amendment to the regulations contained in this chapter may be filed upon motion of the City Council, by any owner or person with a lawful interest in property within the city, or by an authorized representative of such an owner or person with such a property interest. A petition for an amendment to zoning district boundaries or classifications of properties may be filed upon motion of the City Council, by any owner or person with a lawful interest in property within the city that would be affected by such amendment, or by an authorized representative of such an owner or person with such a property interest.

(b)

A petition for a variation, a special use, or approval or modification of a planned unit development may be filed by any owner or person with a lawful interest in property within the city that would be affected by the petition, or by an authorized representative of an owner or person with such a property interest.

(c)

A petition for an appeal from an order, requirement or decision made by the Director of Community and Economic Development or other officer or department may be filed within no more than 45 days after the issuance of such an order, requirement or decision. Such an appeal may be filed only by the owner of the property or a person with a lawful interest in the property for which the order, requirement or decision of the Administrator or other officer or department was issued, or by an authorized representative of an owner or person with such a property interest.

(d)

A petition may also be filed by a person owning property outside the city who is proposing annexation to the city pursuant to an annexation agreement, or by an authorized representative of such an owner.

(e)

Whenever a representative of an owner or person with a lawful interest in property files a petition that would affect such property, the owner shall execute the petition as evidence that the owner has approved such representation.

(f)

Whenever any trustee or any beneficiaries of a land trust files a petition hereunder, such petition shall identify each beneficiary of such land trust by name and address and define the beneficial interest therein. All such petitions shall be verified by the applicant in its capacity as trustee, or by the beneficiary as the beneficial owner of an interest in such land trust.

(C)

Public hearings and notice of public hearings.

(1)

Authority. A petition shall be acted upon by the City Council only after a public hearing has been held by the Planning and Zoning Commission and its recommendations have been reported to the City Council. At the hearing, any party may appear in person or by attorney. All public hearings conducted by the Planning and Zoning Commission concerning petitions for amendments, variations, special uses, approval and modification of planned unit developments, and appeals from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city shall be conducted in accordance with the following requirements:

(2)

Publication. Except for an appeal from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, upon receipt of any such petition, the Planning and Zoning Commission shall give notice of the time and place of a public hearing concerning such petition, not more than 30 days nor less than 15 days before the hearing, by publishing a notice thereof, at least once, in a newspaper of general circulation in the city. Except for an amendment to the regulations contained in this subchapter, such notice shall include a legal description of the property that is the subject of the petition, the approximate street location or address, the name of the petitioner, the present zoning classification of the property, and the proposed change or approval requested. In the case of an amendment to the regulations contained in this subchapter, such notice shall include the name of the petitioner and a description of the amendment proposed.

(3)

Other notices.

(a)

Except for an amendment to the regulations contained in this chapter or the zoning district boundaries or classifications of properties, or an appeal from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, written notice of the public hearing shall be served not more than 30 days nor less than 15 days before the public hearing, either in person or by U.S. mail, postage prepaid, to all owners of property within 250 feet in each direction, as measured from any lot line of the property which is the subject of the petition. Such owners shall be determined from the tax records of the county. The required notice shall state the location of the property, the time, date and place of the public hearing, and the nature of the petition.

(b)

For appeals from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, the Planning and Zoning Commission shall fix a reasonable time for the hearing and shall give due notice to the parties in interest, and shall decide the appeal within a reasonable time.

(4)

Public hearing signs. Except for an amendment to the regulations contained in this chapter, a map amendment initiated by the City Council, or an appeal from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, the city shall erect a public hearing sign on each frontage of the property that is the subject of the petition within five days after a date has been set for the public hearing. Applicants on behalf of commercial properties shall pay the city $50 to install and remove each public hearing sign. All public hearing signs shall be erected in such a manner as to be visible from the public right- of-way. If no public right-of-way abuts the property, a public hearing sign shall be placed in a position on the property where the public can most readily see it. Public hearing signs shall be approximately 18 inches in height and 24 inches in length, and shall read substantially as follows:

(5)

The failure of any person to receive notice of a public hearing shall not invalidate, impair or otherwise affect any action taken by the Planning and Zoning Commission or the City Council with respect to the petition.

(D)

Planning and Zoning Commission recommendation. Except for appeals from an order, requirement or decision made by the Director of Community and Economic Development or some other officer or department of the city, for which the Planning and Zoning Commission makes the final administrative decision, the Planning and Zoning Commission shall make its recommendations to the City Council concerning any zoning petition no later than 90 days after the public hearing.

(E)

Council decision. Except for appeals from an order, requirement or decision made by the Director of Community and Economic Development or some other officer or department of the city, after receiving the recommendation and report of the Planning and Zoning Commission, the City Council may approve an ordinance granting such petition, and may include any modifications thereof requested by the City Council; deny the petition; or refer the matter back to the Planning and Zoning Commission for further consideration.

(Ord. 07-13, passed 10-9-07; Am. Ord. 07-34, passed 1-8-08; Am. Ord. 14-26, passed 5-13-14; Am. Ord. 22-24, passed 8-23-22)

(A)

Purpose. It is recognized that public necessity, convenience, general welfare and good zoning practice will, from time to time, require amendment of the regulations contained in this chapter and of the classifications of properties as shown on the official zoning map. It is the purpose of this section to define the procedures required to effect these changes.

(B)

Authority.

(1)

The City Council may enact, by ordinance, an amendment or change in the regulations of this chapter.

(2)

The City Council may enact, by ordinance, a change in zoning district classification or a district boundary change for all or part of the property described in the petition. The Planning and Zoning Commission may likewise recommend and the City Council may enact, by ordinance, a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance for a district classification are of the same general type as that requested by the petitioner and are at least as restrictive as the classification requested in the petition.

(C)

In case of written protest against any proposed zoning district reclassification or boundary change, signed and acknowledged by the owners of 20% of the frontage immediately adjoining or across a lot therefrom, or by the owners of 20% of the frontages directly opposite from the frontage proposed to be altered, such reclassification or change shall not be approved by the City Council except by the favorable vote of two-thirds of the aldermen of the city then holding office.

(D)

Effect of denial. After a public hearing, no petition shall be resubmitted to the Planning and Zoning Commission for an amendment to the regulations contained in this chapter, or a change in zoning district boundaries or classification of property that has been denied wholly or in part by the City Council shall be resubmitted to the Planning and Zoning Commission for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council. If the City Council finds that there is substantial new evidence or proof of changed conditions, it shall refer the matter to the Planning and Zoning Commission for a new hearing pursuant to proper legal notice.

(Ord. 07-13, passed 10-9-07)

(A)

Purpose. In cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations adopted by the ordinance, the City Council may, by ordinance, determined to vary the application for such regulations in harmony with their general purpose and intent, and in accordance with the general or specific rules herein contained.

(B)

Authority. The Planning and Zoning Commission shall not recommend a variation, and the City Council shall not vary the provisions of the ordinance as authorized in this section, unless findings have been made based upon evidence presented that clearly demonstrates the following:

(1)

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.

(2)

That the plight of the owner is due to unique circumstances not of its own creation.

(3)

That the variation, if granted, will not alter the essential character of the locality.

(C)

Extraordinary vote by City Council. Any proposed variation which fails to receive a recommendation for approval from the Planning and Zoning Commission shall not be approved by the City Council except by the favorable vote of two-thirds of the aldermen of the city.

(D)

Effect of denial. After a public hearing, no petition shall be resubmitted to the Planning and Zoning Commission for a variation that has been denied wholly or in part by the City Council, for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council. If the City Council finds that here is substantial new evidence or proof of changed conditions, it shall refer the petition to the Planning and Zoning Commission for a new hearing pursuant to proper legal notice.

(E)

Time limit. Any variation granted hereunder shall be subject to termination if no building permit has been issued within one year from the date a variation is approved; provided, however, that upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council.

(Ord. 07-13, passed 10-9-07)

(A)

Purpose. The regulations contained in this chapter are based upon the division of the city into zoning districts, within any one of which the use of land and buildings, and the bulk and location of buildings and structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without a case-by-case consideration of the impact of those uses upon neighboring lands, the public need for the particular use at the particular location, and the ability of the city or other public agencies to supply the special uses with various community services, such as adequate treatment of waste water, adequate supply of potable water, fire protection, police protection, maintenance of street rights-of-ways, and proper traffic safety. Such special uses fall into the following two categories:

(1)

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

(2)

Uses entirely private in character but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.

(B)

Authority. The City Council, after receiving the report of the Planning and Zoning Commission and without further public hearing, may grant or deny any proposed special use, or may refer the matter back to the Planning and Zoning Commission for further consideration; provided that any proposed special use which fails to receive the approval of the Planning and Zoning Commission shall not be approved by the City Council except by a favorable majority vote of two-thirds of all aldermen then holding office.

(C)

Conditions. No special use or change to a special use shall be recommended by the Planning and Zoning Commission nor approved by the City Council unless the special use:

(1)

Is deemed necessary for the public convenience at the location.

(2)

Will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

(3)

Will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.

(4)

Will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(5)

Will provide adequate utilities, access roads, drainage and other important and necessary community facilities.

(6)

Will conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council.

(D)

Restrictions. Prior to granting any special use, the Planning and Zoning Commission may recommend, and the City Council may require that certain conditions and restrictions be met for the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest in order to ensure compliance with the standards and requirements specified herein. In all cases in which a special use is granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the special use is and will comply with all conditions established in connection therewith.

(E)

Effect of denial. After a public hearing, no petition shall be resubmitted to the Planning and Zoning Commission for a special use that has been denied wholly or in part by the City Council for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council. If the City Council finds that there is substantial new evidence or proof of changed conditions, it shall refer the petition to the Planning and Zoning Commission for a new hearing pursuant to proper legal notice.

(F)

Termination.

(1)

A special use permit granted by the City Council shall be subject to termination in the manner provided hereinbelow under any of the following circumstances:

(a)

Failure to commence construction of the proposed use within 18 months after the date of the granting of said special use. Construction shall not be deemed to have commenced unless and until:

1.

All necessary permits have been obtained;

2.

All sites have been properly graded;

3.

All foundations and footings are in place; and

4.

All utilities have been provided for.

(b)

Failure to carry the construction work forward expeditiously with adequate forces for a period of 18 months out of a 24-month period.

(c)

Following the issuance of occupancy permits, abandonment or other failure to utilize the property for the purposes permitted by the special use for a period of two months out of any consecutive six-month period.

(d)

Upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council for any time limit specified hereinabove.

(2)

In determining whether the special use shall be terminated, the Director of Community and Economic Development shall consider the effect of changed conditions, if any, upon the property. Where the property in question was granted a change in zoning classification contemporaneously with its special use, or achieved such a use as part of an annexation agreement, the Director of Community and Economic Development shall consider whether the property would have been granted the zoning classification underlying its special use if it were not for the conditions which were imposed by the special use or by an annexation agreement, as the case may be. It is the intent of this provision to prevent the rezoning of land to a less restrictive category based upon the promise of development of a well-planned special use subject to various conditions, followed by the abandonment of such use, and the attempted development of the property without proper planning controls under a zoning classification which would not have been granted, but for the requirements imposed under the special use.

(3)

During the time that the Director of Community and Economic Development is considering the disposition of a special use which has prima facie been abandoned in accordance with the time limit set forth in this division (F), no permits shall be issued, and no buildings for which permits have been previously issued shall be constructed until the final decision regarding the future zoning of the property has been made.

(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)

(A)

Purpose. Planned unit developments are special uses of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the Planning and Zoning Commission and the action of the City Council.

(B)

Standards and exceptions.

(1)

General standards. A planned unit development shall conform to the following standards:

(a)

The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located, unless an exception is permitted as provided in division (B)(2) of this section.

(b)

The yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the district in which it is located unless an exception is permitted as provided in division (B)(2) of this section.

(c)

If more intensive uses are granted than are permitted by the district regulations (i.e., uses other than those for which the district is zoned, such as: B-3 General Retail District usage in an R-3 Multiple Family District), there must be clear evidence that such uses are needed to serve the development, and the Planning and Zoning Commission shall find:

1.

That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the development;

2.

That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the development or on the surrounding neighborhood;

3.

That, except in the M-U Mixed Use District, not more than 15% of the gross land area of residential planned unit developments is devoted to the uses permitted by the exception;

4.

That the use exceptions so allowed are established by ordinances on file in the office of the City Clerk.

(d)

The number of off-street parking spaces must meet the requirements set forth in § 156.103, unless an exception thereto is granted as provided in division (B)(2) of this section or permitted shared or valet parking is provided. The City Council may require more off-street parking than is otherwise required by this chapter.

(e)

If any open space or recreational facility is to be used solely by the residents or occupants of the development, a Declaration of Restrictions and Covenants, to be approved by the city attorney, shall be recorded to provide for assessments against the property within the development so that such facilities can be properly improved, maintained and operated.

(f)

All new utilities within the limits of a planned unit development shall be underground. All existing utilities shall be relocated underground unless an exception is permitted as provided in division (B)(2) of this section. Appurtenances to utility systems may be excepted from this requirement if the City Council finds that such appurtenances can be effectively screened and that such exception will not violate the intent or character of the development.

(g)

In the event the owner shall include dwellings under §§ 235 or 236 of the National Housing Act (12 U.S.C. §§ 17151(d)(3), 1715v(c)(3), 1715z, 1715z-1) or similar acts providing for low or moderate income housing or housing for the elderly, or any act or section which may supersede them, those units shall be equally distributed throughout the development and shall further conform to the following requirements:

1.

There shall be no less than 8% of such units and no more than 12% of such units in the development.

2.

All support facilities for such units shall be equal to all other units in the development, and the total area required for the planned unit development shall be reduced by an amount equal to 12% of the total lot area for units receiving assistance in financing.

(h)

Standards for public improvements shall be governed by the applicable ordinances and laws of the city.

(2)

Bulk regulations exceptions. The Planning and Zoning Commission may recommend, and the City Council may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of a planned unit development, provided that the Planning and Zoning Commission shall find:

(a)

That such exception shall be solely for the purpose of encouraging a desirable living, working and playing environment no less beneficial to the residents or occupants of such development, as well as of neighboring properties, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots.

(b)

That the minimum open space in a residential planned unit development shall be not less than 30% in the residential zoning districts.

(c)

That no building shall exceed seven stories or 75 feet, whichever is less.

(d)

That the planned unit developments shall not be located on parcels of land less than two acres in size; provided, however, that a government planned unit development may be located on parcels of land less than two acres but no less than one acre in size. A government planned unit development shall be no less than 50% owned, operated or leased for lawful public purposes within the powers of a division or agency of the United States, any state thereof, or any county, municipality or other entity with powers granted unto it under the laws of the State of Illinois.

(e)

That other bulk standards for a planned unit development shall meet the standards of the residential or business zoning district(s) most similar in nature and function to the proposed planned unit development, as determined by the City Council. However, in regard to developments containing residential uses:

1.

In no event shall the floor area ratio exceed more than 15% over that prescribed in this chapter for the district in which it is located.

2.

In no event shall the minimum square footage per dwelling unit requirements applicable to such districts be decreased by more than 15%, and such exception shall be granted only if one parking space per dwelling unit is provided either underground or within the building proper.

(f)

Exceptions to the standards of this chapter may be granted by the City Council if it finds that such exceptions are warranted based upon the total proposed development in accordance with the standards for special uses.

(C)

Preliminary and final approval.

(1)

Preliminary approval.

(a)

The designation of certain property as a special use for a planned unit development and approval of preliminary development plans for such planned unit development, by ordinance approved by the City Council, shall be valid for two years, during which time the applicant shall obtain City Council approval of a final plan for the planned unit development or of certain phases thereof. Upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council.

(b)

The ordinance designating property as a planned unit development and approving a preliminary development plan shall be recorded with the DuPage County Recorder of Deeds.

(2)

Final approval.

(a)

An applicant for a planned unit development may file for final approval, including designation of certain property as a special use for a planned unit development and approval of final development plans for such planned unit development, without first applying for preliminary approval.

(b)

The procedure for securing final approval shall be the same as in division (B)(1) of this section, but the plans shall be in more specific detail, and final approval may be granted for all or only certain phases of development.

(c)

Final approval for all or any phase of a planned unit development delineated in the schedule of construction approved by the City Council, shall be valid for one year; provided that extensions of not to exceed one year for each extension authorized may be granted by the City Council upon a request made in writing prior to the expiration of the previous time limit.

(d)

The ordinance granting final approval of a planned unit development, any phase thereof, or any subsequent change or modification thereto, shall constitute and be deemed, as a matter of law, to be the agreement of the property owner, and its successors and assigns, that the development will be carried out in substantial compliance with the approved final development plan, or any change or modification thereto, including the terms and conditions of approval of the ordinance approving such plan, and within the time schedule approved by the City Council.

(e)

If the final development plan submitted, for all or any phase of a planned unit development, substantially conforms with the preliminary development plan approved by the City Council, such plan shall be recommended for approval by the Planning and Zoning Commission and shall be approved by the City Council.

(f)

The ordinance designating property as a planned unit development and approving a final development plan for all or any phase of the planned unit development shall be recorded with the DuPage County Recorder of Deeds.

(3)

Permits. Permits shall be issued for planned unit developments in accordance with the following:

(a)

Issuance. Upon City Council approval of the final development plan for all or any phase of a planned unit development, the Director of Community and Economic Development may issue the necessary permits for all or for such phase thereof as have received final approval.

(b)

Time limit. If no construction has been started under permits issued within one year from the date of approval of the final development plan for all or any approved phase of the development, and no extension to such time limit has been requested by the petitioner and granted by the City Council, the development shall be deemed abandoned, the approval of the final development plan shall be deemed null and void and the development shall not proceed to construction. Any further proposed plans for the development of the property shall require proceedings for consideration by the Planning and Zoning Commission and approval by the City Council, and the appropriate application fees for a planned unit development shall be charged for such proceedings.

(c)

As-built plans. Upon completion of all construction and final inspection of all improvements in the planned unit development or any approved phases thereof, and prior to issuance of any certificate of occupancy, an as-built site plan, landscape plan and topographical survey shall be provided as evidence of compliance with all approved plans.

(4)

Changes and modifications.

(a)

Any substantial changes or modifications of the final development plan shall be submitted to the Planning and Zoning Commission and the City Council for review and approval. The application procedures shall be as for a preliminary approval of a planned unit development. A substantial change shall include, but not be limited to, any change that would modify the location of a building or structure or add an additional accessory structure, or any other change to the final plan, if such change would require an exception from any requirements of this chapter; would alter the character and aesthetics if the development, including building materials and the required landscaping points, or would have an adverse impact on surrounding properties. A modification of the location of a building or structure, and addition of an accessory building or structure, or any other change to the final plan, shall be deemed an insubstantial change if such change does not require any additional exceptions, does not change the character and aesthetics of the development, including building materials and the required landscaping points, and does not cause any adverse impact on surrounding properties. An insubstantial change may be authorized by the Director of Community and Economic Development pursuant to a required permit.

(b)

Permits shall not be issued by the Director of Community and Economic Development for construction involving a proposed change or modification to a planned unit development until the procedures set forth in division (B)(4)(a) have been completed.

(c)

Any ordinance approving changes or modifications to a final development plan shall be on file with the City Clerk, and shall be recorded with the DuPage County Recorder of Deeds.

(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)

(A)

Review of administrative orders. The Director of Community and Economic Development shall transmit to the Planning and Zoning Commission any petition for an appeal from an order, requirement or decision of the Administrator or other officer or department, together with all the documents constituting the record upon which the action appealed from was taken. In this regard, the Planning and Zoning Commission shall have all the powers of the Director of Community and Economic Development from whose decisions such appeal was taken.

(B)

Stay of proceedings. The filing of an appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Community and Economic Development or other officer or department from whose decision the appeal is taken, certifies to the Planning and Zoning Commission that, in the opinion of the Administrator or such other officer of department, and by reason of facts stated in the certificate, a stay would result in imminent peril to life or property. In such a case, proceedings shall not be stayed except by a restraining order granted by a court of record upon notice to the Director of Community and Economic Development or other officer or department from whose decision the appeal is taken, and on good cause shown.

(C)

Decisions. The Planning and Zoning Commission may reverse, affirm or modify, in whole or in part, the order, requirement or decision from which the appeal is taken. A final decision of the Planning and Zoning Commission on an appeal from an order, requirement or decision of the Director of Community and Economic Development or other officer or department shall be a final administrative determination subject to review in accordance with the Illinois Administrative Review Act (ILCS Ch. 735, Act 5, §§ 3-101 et seq.).

(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)