Marissa City Zoning Code
APPEALS
§ 154.355 NATURE OF AN 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 provision of this chapter may appeal to the Zoning Board of Appeals on a prescribed form
(B) 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.
(Prior Code, § 40-10-12)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-3(d)
§ 154.356 FILING, RECORD TRANSMITTAL.
(A) Every appeal shall be made within 45 days of the matter complained of by filing with the Zoning Administrator and the Zoning Board of Appeals a written notice specifying the grounds for appeal.
(B) 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 Zoning Board of Appeals all records pertinent to the case.
(Prior Code, § 40-10-13)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-12 and 70 ILCS 405/22.02a
§ 154.357 STAY OF FURTHER PROCEEDINGS.
(A) 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.
(B) 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 Zoning Administrator.
(Prior Code, § 40-10-14)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-12
§ 154.358 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 publication in a newspaper of general circulation within the village;
(2) By certified mail to the applicant; and
(3) By first-class mail to all owners of property contiguous to any property affected by the appeal.
(Prior Code, § 40-10-15)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-12
§ 154.359 RECOMMENDATION BY THE ZONING BOARD OF APPEALS.
The Zoning Board of Appeals shall render a recommendation on the appeal within 30 days after the hearing therein. 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 they deem appropriate.
In so doing, the Zoning Board of Appeals has all the power of the Zoning Administrator. The recommendation shall be forwarded to the Board of Trustees for a final decision.
(Prior Code, § 40-10-16)
§ 154.360 DECISION BY THE BOARD OF TRUSTEES.
(A) The Board of Trustees shall render a decision on the appeal within a reasonable time after receiving the appropriate records and recommendation of the Zoning Board of Appeals.
(B) The Board of Trustees may uphold the recommendation of the Zoning Board of Appeals or make such other decision as they deem appropriate. In so doing, the Board of Trustees has all the powers of the Administrator and Zoning Board of Appeals. Such decision shall be binding upon the Zoning Administrator and observed by him or her and he or she shall be required to incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant whenever a certificate of occupancy is authorized by the Zoning Board of Appeals.
(Prior Code, § 40-10-17)
Editor’s note:
The Zoning Board of Appeals is delegated the task of hearing appeals from the decisions of the Zoning Administrator or other official charged with enforcement of an ordinance passed pursuant to the Zoning Enabling Act, being 65 ILCS 5/Art. 11, Div. 4. 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.
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-3(d)