(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 filed and treated in accordance with Illinois law and the provisions of this Section.

State Law reference— (65 ILCS 5/11-13-12)

(B)

The Combined Planning and Zoning Board is delegated the task of hearing appeals from the decisions of the Zoning Administrator charged with enforcement of an ordinance passed pursuant to the Zoning Enabling Act. This may, for example, entail determining whether there has been a discontinuance of a nonconforming use. It is important for the applicant to note the appeal process because of the requirement of exhaustion of administrative remedies before suit is filed as well as the more obvious reason of using a less expensive administrative process for correcting a mistake or error which may have been made by the Zoning Administrator.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-3(d))

Every appeal shall be made within 45 days of the matter complained of by filing with the Zoning Administrator and the Combined Planning and Zoning Board 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 Zoning Administrator shall transmit to the Board of Appeals all records pertinent to the case.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (70 ILCS 405/22.02a and 65 ILCS 5/11-13-12)

An appeal stays all further action on the matter being appealed unless the Zoning Administrator certifies to the Combined Planning and Zoning Board after the notice of appeal has been filed with them 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 Combined Planning and Zoning Board or the Circuit Court grants a restraining order for due cause and so notifies the Zoning Administrator.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-12)

(A)

The Combined Planning and Zoning Board 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;

(2)

By publication in a newspaper of general circulation within the Village; and

(3)

By certified mail to the applicant.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-12)

The Combined Planning and Zoning Board shall render a decision on the appeal within a reasonable time after the hearing. The Combined Planning and Zoning Board 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 they deem appropriate. In so doing, the Combined Planning and Zoning Board has all the powers of the Zoning Administrator.

(Ord. No. 1712, § 2, 2-16-21)