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SAYS APPEAL B0hllI)fl ESSENTIAL IN ZONING Thursday, March 27, 1930 Statement of Regional Planning Association Urges Necessity of Bodies The newspapers have recently car- ried reports of statements in the City Council of Chicago that boards of ap- peal are now useless, in view of re- cent decisions of the Supreme Court of Illinois. These reports make de. sirable " statement regarding the po- sition and powers of such boards un- der zoning ordinances. Boards of appeal are substantially necessary un- der the Illinois zoning statutes. They exist, not only in Chicago, but in the 70 zoning ordinances adopted by other muneipal bodies in the Chicago re- gum. - Under the Illinois statute, the tune- tions of zoning boards of appeal are two-fold: The sprwitic value of a zoning board of appeals in a particular commun- ity depends upon the personnel of the board and upun its intelligent under- standing of the scope and legal lim- itations of its powers. Some of the boards of appeal in the Chicago re- gion have met rarely, and when tune- tioning at all have been largely in- effective. Others have paid little at- tention to their duties. Still other boards of appeal have permitted wide variations from the letter and spirit of the zoning ordinance, by determin- ations which by no means could be brought within the limits of their powers under the Illinois statute. Two-Fold Function _ (1) to “View determinations of building authorities granting or re- fusing building permits, where the board of appeals thinks the deter- mination of such officers are improp- erly made under the terms of the or- dinance; (2) upon appeal from the building authorities to vary or mod. ify the provisions of the ordinance "where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance." From the beginning of ita zoning activities, the Regional Planning asso- ciation has advised the establishment at boards of appeal in each munici- pality adopting}; zoning ordinanee, The association has also sought to advise such boards of appeal trpeeifl- The constitutionality of the first of these powers has never been ques- tioned, and the appeal so provided is a wise safeguard. The Constitution. ality of the. power to vary the provi- sions of the ordinance was attacked in Walton v. Hamilton, now on re- hearing in the Supreme Court of Illi- nois. In this case the court took the view in the original hearing that the power to vary the application of the ordinance is an unconstitutional del., egation of legislative power. . Value of Appeal Board. Zoning experience throughout the country demonstrates the value of boards of -appeal, both for the p u rpose of reviewing deter- minations of building authorities, and for the purpose of making reasonable variations from the. terms of a zoning ordinance in cases of peculiar hard.. ship. Possible abuses of such powers are guarded against in Illinois .and elsewhere by provisions for court re- view of determinations by the boards of appeal. cally, an to their powers and duties. The suburban boards of upped hnve on the whole noted 'rffieiently Ind within their statutory powers. The powers of such bonds hnve been made somewhat doubtful by the re- cent case of Welton v. Humilton. Un. til the flttnl disposition of this one by the Supreme Court of Illinois, the following suggestions are made: I. As to certain of the important powers of boards of appeal there is no constitutional "question, Such boards have been created as bodies to review certain determinations of the local building authorities and their functions in this connection are im- portant. g, The power of zoning hoards of appeal to make variations from the strict letter fo the zoning ordinance is now unsettled, but until the flttttl decision of the Supreme Court, the zoning boards of appeal should con- tinue to exercise the powers confer- red by statute in this respect. How- ever, in allowing variations from the strict letter of the ordinance, the hardships justifying such variation must be shown to be unuaual and practical, and the variation so al- lowed muat not be permitted to de- part from the spirit and intent of the Hemotitching Covered Buttons Tel. 854 120 N. Green Bay Rd. lurid-y School 0:80 In. Batten AI. 4-” Morning Ionic. "r" tin. Wall-ad" Iva-In: Invin- 1:00 You no cordlnlly invited to visit _ the Reading Room, where tho Bible, and all author‘s-d Chriuli-n Scl'nee "man" In" In read. hon-awed. nr march-0d. HOU'IB: Week dun, O In. to C on. Wain-d” unul 7:80 mm. 811on no to "It Inn. for radial only. 861 Cum-l Av... Highland Put Mankind M Fill! Gulch“ M Sch-tin iIEirizEEiil FIREPROOF WAREHOUSES HOUSEHOLD GOODS PHONE H. P. 181-182 STORAGE MOVING CHRISTIAN SCIENCE READING ROOM MRS. ZAHNLE at Highland Put Ill Ill-I Ana" CHURCH SERVICES Quick Service PACKING of SHIPPING Plating Plnldng TH]: P3388 zoning scheme. In melting such vu- idiom, a zoning board of appeal should be certain that auiBeiettt evi- dence is presented to tt in ita hearing, and is preserved in its record to I‘ll- ....n its detertttittulottg it they are challenged through judicial proceed- incl. Should be l‘oulhle It should be pouible under the con- atitution to sustain limited power. of bond: of nppenl grlnud by the premmt salute. subject In such pow- ers Ire to review by the comb. If RICHARD J. LYONS SENATOR - "Richard J. Lyons in more than I right voting retfreaentative for the people of " district and stnte. He In e etudent. a good public speaker. and In nctive worker. He in move then a vote for his district, he in e voice and I growing Influence It the State Capital. Representative Lyons is a young men destined for n great career In Illinois.” SENATOR HAROLD C. KESSINGER. HAROLD C. KESSINGER Senate Leader, Gator, and Editor of Illinoiu' Great Magazine REPRESENTATIVE 'THE MID-WEST REVIEW" REPUBLICAN CANDIDATE FOR PRIMARY DAY, APRIL 8th RE-ELECT MYB- The main; board of upped: in an annual and useful part of an Inn- ing plun. But the unfulmu of the bond of unpack depends upon the irttollieent oxen-cit: of the was con- ferred upon R. there limited was Ire mm to In med to make what really can“ dunge- In the min. ordinal». or in warm to be and for purpose- m- nine contrary to the mum of the main. ordinance. Ictionu annulu- will Ind should be declared Improper by the courts. Editor, Mid-Wen Review