(60 ILCS 1/110-25)
Sec. 110-25.
Proposed zoning ordinance or resolution; hearing;
cessation of commission.
(a) The zoning commission shall prepare a tentative report and a
proposed zoning ordinance or resolution for the entire township outside the
area regulated by any municipal zoning ordinance.
(b) After preparing the tentative report and ordinance or resolution, the
commission shall hold a hearing on the report and proposal and shall afford
persons interested an opportunity to be heard. Notice of the hearing shall be
published at least 15 days before the hearing in a newspaper of general
circulation in the township and shall also be posted at least 15 days before
the hearing in 4 conspicuous places within the township. The notice shall state
the time and place of the hearing and the place where copies of the proposed
ordinance or resolution will be accessible for examination by interested
parties. The hearing may be adjourned from time to time.
(c) Within 30 days after the final adjournment of the hearing, the
commission shall make a final report and submit a proposed ordinance or
resolution to the township board. The township board may adopt the ordinance or
resolution with or without change or may refer it back to the commission for
further consideration.
(d) The zoning commission shall cease to exist upon the adoption of a zoning
ordinance or resolution for the township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-30)
Sec. 110-30.
Enforcement of ordinance or resolution.
All ordinances or
resolutions adopted under this Article shall be enforced by an officer of the
township designated by ordinance or resolution. The ordinance or resolution may
require that for any class or classes of districts created by it, applications
be made for permits to erect buildings or structures or to alter or remodel
existing buildings or structures. The ordinance or resolution may vest in the
officer designated to enforce it the power to make orders, requirements,
decisions, and determinations with respect to the enforcement of the terms of
the ordinance or resolution.
(Source: Laws 1967, p. 3481; P.A. 88-62.)
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(60 ILCS 1/110-35)
Sec. 110-35.
Variations.
(a) The regulations authorized by this Article may
provide that a board of appeals may determine and vary their application in
harmony with their general purpose and intent and in accordance with general or
specific rules contained in the regulations in cases where there are practical
difficulties or there is particular hardship in carrying out the strict letter
of regulations relating to the use, construction, or alteration of buildings or
structures or the use of land. Alternatively, the regulations may provide that
the township board may by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in accordance
with general or specific rules contained in the regulations in cases where
there are practical difficulties or there is particular hardship in carrying
out the strict letter of regulations relating to the use, construction, or
alteration of buildings or structures or the use of land.
(b) No variation shall be made by the township board without a hearing
before the board of appeals. No variation shall be made by ordinance,
resolution, or otherwise except in a specific case and after a public hearing
before a board of appeals. There shall be at least 15 days notice of the time
and place of the hearing, published in a newspaper of general circulation in
the township. The notice shall contain the particular location for which the
variation is requested as well as a brief statement of the proposed variation.
(c) Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals, the township board may by ordinance or
resolution and without further public hearing adopt any proposed variation or
may refer it back to the board of appeals for further consideration. Any
proposed variation that fails to receive the approval of the board of appeals
shall not be passed except by the favorable vote of three-fourths of all the
members of the township board. Every variation, whether made by the board of
appeals directly or by ordinance or resolution after a hearing before a board
of appeals, shall be accompanied by a finding of fact specifying the reason
for making the variation.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-40)
Sec. 110-40.
Board of appeals; membership; meetings.
(a) The township board shall provide for the appointment of a board of
appeals of 5 members to serve respectively for the following terms: One for one
year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years.
The successor to each member shall serve for a term of 5 years.
(b) One of the members shall be named chairman at the time of his or her
appointment. If there is a vacancy, the appointing power shall designate a
chairman.
(c) The appointing authority may remove any member of the board for cause
after a public hearing. Vacancies shall be filled by the appointing authority
for the unexpired term of any member whose place has become vacant.
(d) All meetings of the board of appeals shall be held at the call of the
chairman and at times and places within the county determined by the board. The
chairman (or in his absence the acting chairman) may administer oaths and
compel the attendance of witnesses. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings showing the vote of
each member upon every question (or, if a member is absent or fails to vote,
indicating that fact) and shall also keep records of its examinations and other
official actions. Every rule, regulation, every amendment or repeal of a rule
or regulation, and every order, requirement, decision, or determination of the
board shall immediately be filed with the township clerk and shall be a public
record.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-45)
Sec. 110-45.
Appeals; stay of proceedings.
(a) The board of appeals shall hear and decide appeals from and review any
order, requirement, decision, or determination made by an administrative
official charged with the enforcement of any ordinance or resolution adopted
under this Article. The board of appeals shall also hear and decide all matters
referred to it or upon which it is required to pass under any ordinance or
resolution or under the terms of this Article.
(b) The concurring vote of 4 members of the board is necessary (i) to
reverse any order, requirement, decision, or determination of an administrative
official, (ii) to decide in favor of the applicant any matter upon which it is
required to pass under an ordinance or resolution, (iii) to effect any
variation in an ordinance or resolution, or (iv) to recommend any variation or
modification in an ordinance or resolution or (iv) to the township board.
(c) An appeal may be taken by any person aggrieved or by any officer,
department, board, or bureau of the county. An appeal shall be taken within the
time prescribed by the board of appeals by general rule by filing with the
officer from whom the appeal is taken and with the board of appeals a notice of
appeal specifying the grounds of the appeal. The officer from whom the appeal
is taken shall promptly transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
(d) 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 or her, that, due
to facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. If the officer makes a certification under
this subsection, proceedings shall not be stayed otherwise than by a
restraining order granted by the board of appeals or by the circuit court on
application, on notice to the officer from whom the appeal is taken, and on due
cause shown.
(Source: P.A. 82-783; 88-62.)
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