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HomeMy WebLinkAboutORDINANCES-1983-075-O-836/21/83 8%29/83 �! f 9/13/83 • • C] 75-0-83 I AN ORDINANCE II� 1' Amending Section 6-12-6-1 Relating to Definition of "Any Person Aggrieved', j WHEREAS, the Evanston Zoning Amendment Committee conducted a public hearing on October 7, 1982 pursuant to public notice published in the manner II prescribed by statute; and WHEREAS, based upon evidence presented at the hearing, finding of �I fact, consideration of existing conditions, conservation of property values, �! and the direction of building development to the best advantage of the entire �I City, the Zoning Amendment Committee has recommended that certain amendments are clearly favored by a preponderance of the evidence and are required for ;i the public good; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: .SECTION 1: That Section 6-12-6-1 of the City Code of the City of Evanston, 1979, as amended, is hereby further amended to Iadd a definition of "any person aggrieved", as follows: 6-12-6-1: APPEALS, GENERAL: An appeal may be taken to the Board from any order, requirement, decision, or determination. I made by an enforcing officer by any person aggrieved or by any officer, department, board or bureau of the City. Such appeal shall be taken by filing with the secretary of the Board 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 Board. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless the Director bf•Building & Zoning certifies ...to the Bo.ard,'after the Notice of Appeal has been filed, that by reason of facts stated in the certificate -of stay would, .in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining_ order which may be granted by the Board or by a court of record on application, on notice to the Director of -Building and Zoning, and on due cause shown. For purposes of thi's paragraph, "any person aggrieved" shall mean any individual or legal entity, including any tenant who has either resided at or occupied the property for at least one year or has a lease with -a term of one year or longer, (1) with an interest in the property which is the subject of the appeal, or (2) with an interest in property for which protection is afforded by the Zoning Ordinance, which interest or protection would be directly and substantially diminished if the enforcing officer's order, requirement, decision or determination prevailed. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination 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. 6/21/o3 8/ 291 £?3 9/13/83 75-0-83 f SECT -ION 2: -All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from ii and after its passage, approval, and publication in the manner provided by law. Introduced: �'�i�/'t � 1983 Adopted:�?� 1983 Approved:C�L l� 1983• oo ATTEST: City Clerk Ap`roved as to for Corporation C unsel • -2-