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 Evanston
 Code of Ordinances
 Title 6. ZONING
 Chapter 3. IMPLEMENTATION AND ADMINISTRATION

  § 6-3-11. APPEALS.  

Latest version.

  • (A)

    An appeal may be taken to the Zoning Board of Appeals from any order or final decision made by the Zoning Administrator by any person aggrieved or by an officer, department, board or bureau of the City. Such appeal shall be taken by filing with the Zoning Administrator a notice of appeal, specifying the grounds therefor. All of the papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Zoning Board of Appeals. Appeals from an order or final decision based upon the review and recommendations of the Design and Project Review Committee (DAPR) shall be taken directly to the City Council through its Planning and Development Committee.

    (B)

    The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intent of this Ordinance or the rightful authority of the Zoning Administrator to enforce the requirements of this Ordinance. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Ordinance and to the reasonable interpretations of that language by those charged with the administration of this Ordinance.

    (C)

    The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause, in his opinion, imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Zoning Board of Appeals or by a court of record, on application of notice to the Zoning Administrator and on due cause shown.

    (D)

    The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order or final decision as in its opinion ought to be made in the premises, and to that end has all the powers of the officer from whom the appeal is taken.

(Ord. No. 50-O-14, § 28, 10-27-2014; Ord. No. 66-O-15 , § 9, 6-22-2015)