(620 ILCS 25/23) (from Ch. 15 1/2, par. 48.23)
Sec. 23.
Permits.
Any airport zoning regulations adopted under this Act may require that
a permit be obtained before any new structure or use may be constructed or
established and before any existing use or structure may be substantially
changed or substantially altered or repaired. In any event, however, all
such regulations shall provide that before any non-conforming structure or
tree may be replaced, substantially altered or repaired, rebuilt, allowed
to grow higher, or replanted, a permit must be secured from the Department
or the administrative agency, as the case may be, authorized to administer
and enforce the regulations, authorizing such replacement, change or
repair. No permit shall be granted that would allow the establishment or
creation of an airport hazard or permit a non-conforming structure or tree
or non-conforming use to be made or become higher or become a greater
hazard to air navigation than it was when the applicable regulation was
adopted or than it is when the application for a permit is made. Whenever
the Department or administrative agency, as the case may be, determines
that a non-conforming use or non-conforming structure or tree has been
abandoned or more than 80 percent torn down, destroyed, deteriorated, or
decayed: (a) no permit shall be granted that would allow such structure or
tree to exceed the applicable height limit or otherwise deviate from the
zoning regulations; and (b) whether application is made for a permit under
this section or not, the Department or agency, as the case may be, may
by appropriate action compel the owner of the non-conforming structure or
tree, at his own expense, to lower, remove, reconstruct, or equip such
object as may be necessary to conform to the regulations. If the owner of
the non-conforming structure or tree shall neglect or refuse to comply with
such order for 10 days after notice thereof, the Department or agency,
as the case may be, may proceed to have the object so lowered, removed,
reconstructed, or equipped and shall have a lien, upon behalf of the State
or the political subdivision, as the case may be, upon the land whereon it
is or was located, in the amount of the cost and expense thereof. Such lien
may be enforced by the Department, on behalf of the State, or by such
political subdivision, as the case may be, by an action for the
enforcement thereof, as in the case of other liens. Except as provided
herein, applications for permits shall be granted.
(Source: P.A. 83-345.)
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