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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-13-3.1
(65 ILCS 5/11-13-3.1) (from Ch. 24, par. 11-13-3.1)
Sec. 11-13-3.1.
In municipalities of less than 500,000 inhabitants no
change shall be made in the zoning ordinance nor shall any zoning variation
be granted within 6 months after the date upon which an official plan is
adopted by the corporate authorities unless such change in the zoning
ordinance or such variation is approved by a two-thirds vote of the
corporate authorities or the zoning board of appeals then holding office,
as the case may be.
(Source: Laws 1967, p. 3425)
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65 ILCS 5/11-13-4
(65 ILCS 5/11-13-4) (from Ch. 24, par. 11-13-4)
Sec. 11-13-4.
In municipalities of 500,000 or more population, the
regulations authorized by this Division 13 may be varied in their
application only by the board of appeals of the municipality, subject to
the power of the corporate authorities to prohibit, in whole or in part,
the granting of variations in respect to the classification, regulation and
restriction of the location of trades and industries and the location of
buildings designed for specified industrial, business, residential and
other uses. Variations shall be permitted by the board of appeals only when
they are in harmony with the general purpose and intent of the regulations
and only in cases where there are practical difficulties or particular
hardship in the way of carrying out the strict letter of any of those
regulations relating to the use, construction, or alteration of buildings
or structures or the use of land. In its consideration of the standards of
practical difficulties or particular hardship, the board of appeals shall
require evidence that (1) the property in question cannot yield a
reasonable return if permitted to be used only under the conditions allowed
by the regulations in that zone; and (2) the plight of the owner is due to
unique circumstances; and (3) the variation, if granted, will not alter the
essential character of the locality. A variation shall be permitted only if
the evidence, in the judgment of the board of appeals, sustains each of the
3 conditions enumerated. The corporate authorities may provide general or
specific rules implementing, but not inconsistent with, the rules herein
provided to govern determinations of the board of appeals. A decision of
the board of appeals shall not be subject to review, reversal or
modification by the corporate authorities but shall be judicially
reviewable under the provisions of Section 11-13-13.
(Source: P.A. 82-430.)
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65 ILCS 5/11-13-5
(65 ILCS 5/11-13-5) (from Ch. 24, par. 11-13-5)
Sec. 11-13-5.
In municipalities of less than 500,000 population, the
regulations authorized by this Division 13 may provide that the board of
appeals or corporate authorities may determine and vary their application
in harmony with their general purpose and intent and in accordance with
general or specific rules therein contained in cases where there are
practical difficulties or particular hardship in the way of carrying out
the strict letter of any of those regulations relating to the use,
construction, or alteration of buildings or structures or the use of land.
If the authority to determine and approve variations is vested in the board
of appeals it shall be exercised in accordance with the conditions
prescribed in Section 11-13-4, subject to the power of the corporate
authorities to prohibit, in whole or in part, the granting of variations in
respect to the classification, regulation and restriction of the location
of trades and industries and the location of buildings designed for
specified industrial, business, residential and other uses. If the power to
determine and approve variations is reserved to the corporate authorities,
it shall be exercised only by the adoption of ordinances. However, no such
variation shall be made by the corporate authorities as specified without a
hearing before the board of appeals.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-6
(65 ILCS 5/11-13-6) (from Ch. 24, par. 11-13-6)
Sec. 11-13-6.
No variation shall be made by the board of appeals in
municipalities of 500,000 or more population or by ordinance in
municipalities of lesser population except in a specific case and after a
public hearing before the board of appeals of which there shall be a notice
of the time and place of the hearing 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 with a general circulation within the
municipality
which is published in the county where the municipality is located.
This notice shall contain
the particular location for which the variation is requested as well as a
brief statement of what the proposed variation consists. Any notice required by this Section need not include a metes and bounds legal description of the location for which the variation is requested, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area for which the variation is requested.
(Source: P.A. 97-336, eff. 8-12-11.)
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65 ILCS 5/11-13-7
(65 ILCS 5/11-13-7) (from Ch. 24, par. 11-13-7)
Sec. 11-13-7.
In addition to the notice requirements otherwise provided for
in this Division 13, in municipalities of 500,000 or more population, an
applicant for variation or special use shall, not more than 30 days before
filing an application for variation or special use with the board of
appeals, serve written notice, either in person or by registered mail,
return receipt requested, on the owners, as recorded in the office of the
recorder of deeds or the registrar of titles of the county in which the
property is located and as appears from the authentic tax records of such
county, of all property within 250 feet in each direction of the location
for which the variation or special use is requested; provided, the number
of feet occupied by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement. The notice herein
required shall contain the address of the location for which the variation
or special use is requested, a brief statement of the nature of the
requested variation or special use, the name and address of the legal and
beneficial owner of the property for which the variation or special use is
requested, a statement that the applicant intends to file an application
for variation or special use and the approximate date on which the
application will be filed. If, after a bona fide effort to determine such
address by the applicant for variation or special use, the owner of the
property on which the notice is served cannot be found at his or her last known
address, or the mailed notice is returned because the owner cannot be found
at the last known address, the notice requirements of this sub-section
shall be deemed satisfied. In addition to serving the notice herein
required, at the time of filing application for variation or special use,
the applicant shall furnish to the board of appeals a complete list
containing the names and last known addresses of the owners of the property
required to be served, the method of service and the names and last known
addresses of the owners of the service and the names and addresses of the
persons so served. The applicant shall also furnish a written statement
certifying that he or she has complied with the requirements of this subsection.
The board of appeals shall hear no application for variation or special use
unless the applicant for variation or special use furnishes the list and
certificate herein required. The board of appeals shall, not more than 30
days nor less than 15 days before the hearing at which the application for
variation or special use is to be considered, send written notice to the
persons appearing on the list furnished by the applicant, which notice
shall contain the time and place of the hearing, the address of the
location for which the variation or special use is requested and the name
and address of the applicant for variation or special use and a brief
statement of the nature of the variation or special use requested. Any notice required herein need not include a metes and bounds legal description of the property for which the variation or special use is requested, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area for which the variation or special use is requested.
Any property owner within the above stated 250 feet notice
requirement, who
entered his or her appearance and objected at the board of appeals hearing, and
who shows that his or her property will be substantially affected by the outcome
of the decision of the board may, without proof of any specific, special,
or unique damages to himself or herself or his or her property or
any adverse effect upon his
property from the proposed variation or special use, seek judicial relief
from any order or
decision of the board of appeals under the Administrative
Review Law, and all amendments and modifications
thereof, and the rules adopted pursuant thereto.
If the board of appeals
determines that the property of any such owner will not be substantially
affected by the outcome of the decision of the board, such owner may
initiate or join in judicial review under the Administrative
Review Law, as provided
in this Section.
(Source: P.A. 97-336, eff. 8-12-11.)
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65 ILCS 5/11-13-7a
(65 ILCS 5/11-13-7a) (from Ch. 24, par. 11-13-7a)
Sec. 11-13-7a.
Zoning variation and special use applicants and property owners, as set
forth in Section 11-13-7 of this Act, shall have the following rights, in
addition to any others they may possess in law, at any hearing before a
board of appeals:
(a) to have subpoenas issued for persons to appear at board of appeals'
hearings and for examination of documents by the person requesting the
subpoena either before or at board of appeals hearings subject to the
limitations in this Section. The board of appeals shall issue subpoenas as
requested by zoning variation and special use applicants and by property
owners within the terms of Section 11-13-7. Subpoenas shall only be
enforceable against persons or for documents which have a substantial
evidentiary connection with (i) the property for which a zoning variation
or special use is requested, (ii) facts which would support or negate the
requisite legal standards for granting a zoning variation or special use,
and (iii) facts which support or negate the conclusion that property within
the 250 feet notice requirement of Section 11-13-7 will be substantially
affected by the outcome of the decision of the board. All matters relating
to subpoenas concerning a particular zoning variation or special use case,
including all enforcement and motions to quash, shall be heard in a single
action, however, the court obtaining jurisdiction over any such matter may
retain jurisdiction until the disposition of the case by the board of
appeals. Service of such subpoenas shall be made in the same manner as
summons in a civil action.
(b) To cross examine all witnesses testifying.
(c) To present witnesses on their behalf.
Property owners within the terms of Section 11-13-7 who object to the
zoning application or special use application may, upon request, be granted
1 continuance for the purpose of presenting evidence to rebut testimony
given by the applicant. The date of such continued hearing shall be in the
discretion of the board of appeals.
This amendatory act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-1363.)
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65 ILCS 5/11-13-8
(65 ILCS 5/11-13-8) (from Ch. 24, par. 11-13-8)
Sec. 11-13-8.
In municipalities of 500,000 or more population, when any
zoning ordinance, rule or regulation is sought to be declared invalid by
means of a declaratory judgment proceeding, not more than 30 days before
filing suit for a declaratory judgment the person filing such suit shall
serve written notice in the form and manner and to all property owners as
is required of applicants for variation in Section 11-13-7, and shall
furnish to the clerk of the court in which the declaratory judgment suit is
filed, and at the time of filing such suit, the list of property owners,
the written certificate and such other information as is required in
Section 11-13-7 to be furnished to the board of appeals by an applicant for
variation. A property owner entitled to notice who shows that his property
will be substantially affected by the outcome of the declaratory judgment
proceeding may enter his appearance in the proceeding, and if he does so he
shall have the rights of a party. The property owner shall not, however,
need to prove any specific, special, or unique damages to himself or his
property or any adverse effect upon his property from the declaratory
judgment proceeding.
(Source: P.A. 76-583.)
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65 ILCS 5/11-13-9
(65 ILCS 5/11-13-9) (from Ch. 24, par. 11-13-9)
Sec. 11-13-9.
The provisions of an amendatory Act of 1955, which was
approved June 30, 1955 and which was Senate Bill No. 328 of the Sixty-Ninth
General Assembly and which amended certain provisions now contained in
Section 11-13-4 through 11-13-8, shall not affect the validity of any
variations approved by the corporate authorities or by the board of appeals
and in force prior to July 1, 1955.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-10
(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
Sec. 11-13-10.
In municipalities of less than 500,000 population, where a
variation is to be made by ordinance, upon the report of the board of
appeals, the corporate authorities, by ordinance, without further public
hearing, may adopt any proposed variation or may refer it back to the board
for further consideration, and any proposed variation which fails to
receive the approval of the board of appeals shall not be passed except by
the favorable vote of two-thirds of all alderpersons or trustees of the
municipality.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-11
(65 ILCS 5/11-13-11) (from Ch. 24, par. 11-13-11)
Sec. 11-13-11.
Every variation or special use, whether made by the board of
appeals directly, or by an ordinance after a hearing before the board of
appeals, shall be accompanied by findings of facts and shall refer to any
exhibits containing plans and specifications for the proposed use or
variation, which shall remain a part of the permanent records of the board
of appeals. The findings of facts shall specify the reason or reasons for
making the variation.
The terms of the relief granted shall be specifically set forth in a
conclusion or statement separate from the findings of fact of the board of
appeals or ordinance. Property for which relief has been granted shall not
be used in violation of the specific terms of the board of appeals'
findings of fact or ordinance, as the case may be, unless its usage is
changed by further findings of fact of a board of appeals or additional
ordinances.
(Source: P.A. 76-584.)
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65 ILCS 5/11-13-12
(65 ILCS 5/11-13-12) (from Ch. 24, par. 11-13-12)
Sec. 11-13-12.
An appeal to the board of appeals may be taken by any person
aggrieved or by any officer, department, board, or bureau of the
municipality. The appeal shall be taken within 45 days of the action
complained of by filing, with the officer from whom the appeal is taken and
with the board of appeals a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith transmit
to the board all the papers constituting the record upon which the action
appealed from was taken.
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, that
by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In this event the proceedings
shall not be stayed otherwise than by a restraining order which may be
granted by the board of appeals or by a circuit court on application and on
notice to the officer from whom the appeal is taken, and on due cause
shown.
The board of appeals shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the parties and decide the appeal
within a reasonable time. Upon the hearing, any party may appear in person
or by agent or by attorney. The board of appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be made in the premises and to
that end has all the powers of the officer from whom the appeal is taken.
(Source: P.A. 76-1507.)
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65 ILCS 5/11-13-13
(65 ILCS 5/11-13-13) (from Ch. 24, par. 11-13-13)
Sec. 11-13-13.
All final administrative decisions of the board of appeals
under this Division 13 shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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65 ILCS 5/11-13-14
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14.
The regulations imposed and the districts created under
the authority of this Division 13 may be amended from time to time by
ordinance after the ordinance establishing them has gone into effect, but
no such amendments shall be made without a hearing before some commission
or committee designated by the corporate authorities. Notice shall be given
of the time and place of the hearing, not more than 30 nor less than 15
days before the hearing, by publishing a notice thereof at least once in
one or more newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a general
circulation within the municipality. In municipalities with less than 500
population in which no newspaper is published, publication may be made
instead by posting a notice in 3 prominent places within the municipality. In
case of a written protest against any proposed amendment of the regulations
or districts, signed and acknowledged by the owners of 20% of the frontage
proposed to be altered, or by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of the 20% of the
frontage directly opposite the frontage proposed to be altered, is filed
with the clerk of the municipality, the amendment shall not be passed
except by a favorable vote of two-thirds of the alderpersons or trustees of the
municipality then holding office. In such cases, a copy of the written
protest shall be served by the protestor or protestors on the applicant for
the proposed amendments and a copy upon the applicant's attorney, if any,
by certified mail at the address of such applicant and attorney shown in
the application for the proposed amendment. Any notice required by this Section need not include a metes and bounds legal description, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the affected area.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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