Pole Barn For Non Ag Purpose Not Allowed in Ag Area.

The plaintiff built a 60x128 foot pole barn on his property.  The property was zoned for agricultural use, but the plaintiff intended to use the barn to store equipment for his off-site construction business.  The county viewed the use of the pole barn as not permitted.  The plaintiff filed for a change in the zoning of the property, but was denied.  The plaintiff sought judicial review, but the court affirmed the denial by the county board.  On appeal, the court affirmed.  The court held that it lacked jurisdiction to determine whether the plaintiff's proposed use of the property was prohibited under the ordinance because the plaintiff failed to exhaust administrative remedies by seeking administrative review of the board's decision.  The court also held that the decision to deny his application for a zoning change was not manifestly against the weight of the evidence.  Tipton v. Madison County Board, et al., No. 5-14-0186, 2015 Ill. App. LEXIS 996 (Ill. Ct. App. May 11, 2015).

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