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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-13-2
(65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2)
Sec. 11-13-2.
The corporate authorities in each municipality which desires
to exercise the powers conferred by this Division 13, or who have exercised
such power and desire to adopt a new ordinance, shall provide for a zoning
commission with the duty to recommend the boundaries of districts and
appropriate regulations to be enforced therein. The commission shall be
appointed by the mayor or president, subject to confirmation by the
corporate authorities. The commission shall prepare a tentative report and
a proposed zoning ordinance for the entire municipality. After the
preparation of such a tentative report and ordinance, the commission shall
hold a hearing thereon and shall afford persons interested an opportunity
to be heard. Notice of the hearing shall be published at least once, not
more than 30 nor less than 15 days before the hearing, in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers
published in the county in which the municipality is located and having
a general circulation within
the municipality.
The notice shall
state the time and place of the hearing and the place where copies of the
proposed ordinance will be accessible for examination by interested
persons. The hearing may be adjourned from time to time.
Within 30 days after the final adjournment of the hearing the commission
shall make a final report and submit a proposed ordinance for the entire
municipality to the corporate authorities. The corporate authorities may
enact the ordinance with or without change, or may refer it back to the
commission for further consideration. The zoning commission shall cease to
exist upon the adoption of a zoning ordinance for the entire municipality.
(Source: P.A. 80-452.)
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65 ILCS 5/11-13-3
(65 ILCS 5/11-13-3) (from Ch. 24, par. 11-13-3)
Sec. 11-13-3.
(a) All ordinances passed under the terms of this Division
13 shall be enforced by those officers of the municipality
that are designated by ordinance.
(b) In municipalities having a population of more than 500,000 the
city council may provide for the appointment of a board of appeals
consisting 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 so appointed to serve for
a term of 5 years.
(c) The city council in cities and the president and board of
trustees in villages and incorporated towns, having a population of less
than 500,000, may provide for the appointment of a board of appeals
consisting of 7 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, one
for 5 years, one for 6 years, and one for 7 years, the successor to each
member so appointed to serve for a term of 5 years.
(d) In any municipality with a population under 5,000 that has an appointed
board of appeals, a proposition to elect the board of appeals at large
shall be submitted to the electors as provided in this subsection.
Electors of the municipality equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for that office may petition for the submission
to a vote of the electors of the municipality the proposition whether the
board of appeals shall be elected at large. The petition shall be filed
with the municipal clerk in accordance with the general election law. The
clerk shall certify the proposition to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law.
The proposition shall be in substantially the following form: "Shall the
city (or village or incorporated town) of (insert name) elect the zoning
board of appeals at large instead of having an appointed board of appeals?"
If a majority of those voting on the proposition vote in favor of it,
then the board of appeals shall be elected at large at the next general
municipal election held at least 120 days after the referendum approval.
At the initial election, 4 members shall be elected for 2-year terms and 3
members shall be elected for 4-year terms; thereafter all terms shall be
for 4 years. Upon the election and qualification of the initial elected
board of appeals, the terms of all sitting members of the board of appeals
shall expire.
(e) One of the members of an appointed board shall be named as chairman
at the time of his or her appointment. If members are elected, the members
shall select a chairman. The amount of compensation to be paid to members,
if any, shall be fixed by the corporate authorities. The appointing
authority has the power to remove any appointed member for cause and after
public hearing. Vacancies shall be filled for the unexpired term of the
member whose place has become vacant. Vacancies shall be filled by the
appointing authority in the case of an appointed board or by those who
would otherwise be the appointing authority in the case of an elected
board. All meetings of the board of appeals shall be held at the call of
the chairman and at other times as the board may determine. The chairman,
or in his or her 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 absent or
failing to vote, indicating that fact, and shall also keep records of
its examinations and other official actions. No hearing shall be
conducted without a quorum of the board being present. A quorum shall
consist of a majority of all the members. Any absent member who
certifies that he or she has read the transcript of the proceedings before
the board may vote upon any question before the board. Every rule or
regulation and its amendment or repeal and every order, requirement,
decision, or determination of the board shall immediately
be filed in the office of the board and shall be a public record.
(f) In all municipalities 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 adopted under this Division 13.
(g) In all municipalities the board of appeals
shall also hear and decide all matters
referred to it or upon which it is required to pass under such an
ordinance. The concurring vote of 3 members of the board, in
municipalities having a population of more than 500,000, and of 4
members of the board, in municipalities having a population of less than
500,000, is necessary to reverse any order, requirement, decision, or
determination of such an administrative official, to decide in favor
of the applicant any matter upon which it is required to pass under such
an ordinance or to effect any variation in the ordinance, or to
recommend any variation or modification in the ordinance to the
corporate authorities.
(Source: P.A. 87-535.)
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