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Belleville City Zoning Code

APPEALS

§ 162.550 APPEALS.

   Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Zoning Board of Appeals. Every such appeal shall be made and treated in accordance with state law (65 ILCS 5/11-13-12) and the provisions of this section.
(1960 Code, § 60-12-7)

§ 162.551 FILING, RECORD TRANSMITTAL.

   (A)   Every appeal shall be made within 15 days of the matter complained of by filing with the Administrator and the Board of Appeals, a written notice specifying the grounds for appeal.
   (B)   Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case.
(1960 Code, § 60-12-8)

§ 162.552 STAY OF FURTHER PROCEEDINGS.

   An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board, after the notice of appeal has been filed with him or her, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board or the circuit court grants a restraining order for due cause, and so notifies the Administrator.
(1960 Code, § 60-12-9)

§ 162.553 PUBLIC HEARING, NOTICE.

   (A)   The Board of Appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly-authorized agent or attorney.
   (B)   Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30, nor less than 15, days before the hearing:
      (1)   By registered mail to all parties whose property abuts the property affected by the appeal;
      (2)   By publication in a newspaper published within the city; and
      (3)   By placement of a temporary sign on the subject property and the property owner shall grant authorization for said placement.
(1960 Code, § 60-12-10) (Ord. 7537, passed 10-3-2011)

§ 162.554 ADVISORY REPORT, FINDINGS OF FACT.

   Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit its advisory report to the Council. The report shall state the Board of Appeals’ recommendations regarding the appeal.
(1960 Code, § 60-12-11)

§ 162.555 ACTION BY COUNCIL.

   The Council shall act on every appeal at its next regularly scheduled meeting following submission of the Board of Appeals advisory report. Without further public hearing, the Council may approve or deny the appeal by simple majority vote of all the members then holding office.
(1960 Code, § 60-12-12)