Skip to code content (skip section selection)
A. Procedure: Appeals may be taken by any person who feels aggrieved by the action taken by the clerk upon any application for a permit, and such appeal may include a request for variation of the zoning classifications when in the opinion of the appellant a variation should be granted. All appeals shall be made to the Carmi city council and shall be presented in accordance with the provisions of 65 Illinois Compiled Statutes 5/11-13-5, 11-13-6 and 11-13-12. The powers conferred by such statute for final action upon and decision of matters appealed is expressly retained by the council; and although variations are permissible, same may only be granted by ordinance, and in conformity with 65 Illinois Compiled Statutes 5/11-13-6 and 11-13-10.
B. Notice; Conduct Of Hearing: When an appeal has been taken, as authorized by subsection A of this section the city council shall give the notice and conduct the public hearing as provided in 65 Illinois Compiled Statutes 5/11-13-6 and shall hear all evidence offered in support of and against the proposition raised by the appeal. Within twenty (20) days following the hearing, the city council shall report its findings and recommendations, by filing the same with the clerk, in writing. At its next regular meeting following the filing of such findings and recommendations, or special meeting called for that purpose, the council shall consider the same, and final action by the council shall be concluded within sixty (60) days from the date of the first consideration thereof.
C. Action On Appeal: After receipt of the findings and recommendations of the city council, and within the time prescribed in subsection B of this section, the council shall, without further public hearing: 1) adopt any proposed variation by enactment of an ordinance, or 2) refer the proposition back for further consideration, or 3) refuse the variation requested by adoption of resolution to that effect. No variation not recommended by the city council may be granted unless there is a two-thirds (2/3) vote of all aldermen, in favor thereof.
D. Judicial Review Of Final Decision: The final decision and action of the council is subject to judicial review as provided in 65 Illinois Compiled Statutes 5/11-13-13. (Ord. 1370, 2-20-2007)