Carrollton City Zoning Code
APPEALS
§ 159.325 ALLOWED TO APPEAL.
(A) Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provisions of this chapter may be made and treated in accordance with state law and the provisions of this subchapter.
(B) The applicant generally files a request for a variance, a special use permit or an amendment instead of just an appeal.
(Prior Code, § 40-10-11)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-12
§ 159.326 FILING, RECORD TRANSMITTAL.
Every appeal shall be made within 45 days of the matter complained of by filing with the Administrator and the Zoning Board of Appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the Soil and Water Conservation District as per state law. Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Zoning Board of Appeals all records pertinent to the case. (Note: a filing fee is required.)
(Prior Code, § 40-10-12)
Statutory reference:
Related provisions, see 70 ILCS 405/22.02(a)
§ 159.327 STAY OF FURTHER PROCEEDINGS.
An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Zoning Board of Appeals 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 Zoning Board of Appeals or the Circuit Court grants a restraining order for due cause and so notifies the Administrator.
(Prior Code, § 40-10-13)
§ 159.328 PUBLIC HEARING, NOTICE.
(A) The Zoning 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 days, nor less than 15 days, before the hearing:
(1) By first-class mail to all parties whose property is within 250 feet of the lot affected by the appeal; and
(2) By publication in a newspaper of general circulation within the city.
(Prior Code, § 40-10-14)
§ 159.329 DECISION BY BOARD OF APPEALS.
(A) The Zoning Board of Appeals shall render a decision on the appeal within a reasonable time after the hearing.
(B) The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from the extent and in the manner that it deems appropriate.
(C) In so doing, the Zoning Board of Appeals has all the power of the Administrator.
(Prior Code, § 40-10-15)