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Sangamon County Unincorporated
City Zoning Code

CHAPTER 17

74 Appeals

17.74.010 Authority Of Zoning Board Of Appeals

The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision or determination made by the zoning administrator or other authorized officials of the county, relating to regulations of this title, except that any appeal with regard to a plats act or county subdivision ordinance violation shall be made to the Sangamon County State's Attorney's Office.

(Res. 16a §2, November 19, 1985; Res. 1-1 §7(E)(1), November 16, 1982)

17.74.020 Initiation And Transmittal; Effect

An appeal to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county. The appeal shall be filed in the office of the zoning administrator within thirty (30) days of the action being appealed. The appeal shall be taken by the zoning administrator to the zoning board of appeals within thirty (30) days or within such time as shall be prescribed by the zoning board of appeals by a general rule for hearing appeals. The appeal shall be in writing specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the paper constituting the record upon which the appeal action is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals, after the notice of appeal has been filed with him, that, by reason of facts stated in the written appeal, a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application and on notice to the officer from whom the appeal is taken, and on due cause shown.

(Res. 1-1 §7(E)(2), November 16, 1982)

17.74.030 Filing And Processing

An appeal shall be filed with the zoning administrator at least twenty (20) days prior to the date of the hearing. The zoning administrator shall forward the appeal to the Sangamon County zoning board of appeals within thirty (30) days or less time as the zoning board of appeals may prescribe for processing in accordance with the statutes of the state.

(Res. 1-1 §7(E)(3)(a), November 16, 1982)

17.74.040 Public Hearings; Notice Required; Procedures

Hearings of the zoning board of appeals on appeals shall be held in the County Building. The board of appeals shall fix a reasonable time for said hearing and give due notice thereof to parties and shall decide the appeal within reasonable time. At the hearing any party may appear in person, by agent or by attorney.

(Res. 7 §7(part), April 14, 1987; Res. 1-1 §7(E)(3)(b), November 16, 1982)

17.74.050 Determination By Zoning Board Of Appeals

The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all powers of the officer from whom the appeal is taken.

(Res. 1-1 §7(E)(3)(c), November 16, 1982)

17.74.060 Decisions

All decisions, after the zoning board of appeals hearing on appeals from an administrative order, requirement, decision or determination of the zoning administrator or other authorized officials of Sangamon County, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statutes of the state.

(Res. 1-1 §7(E)(4), November 16, 1982)