Full Text of HB4540 97th General Assembly
HB4540eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 5-12009, 5-12009.5, and 5-12014 as follows:
| 6 | | (55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
| 7 | | Sec. 5-12009. Variation by board of appeals. The | 8 | | regulations by this
Division authorized may provide that a
| 9 | | board of appeals may determine and vary their application in | 10 | | harmony
with their general purpose and intent and in accordance | 11 | | with general or
specific rules therein contained in cases where | 12 | | there are practical
difficulties or particular hardship in the | 13 | | way of carrying out the
strict letter of any of such | 14 | | regulations relating to the use,
construction or alteration of | 15 | | buildings or structures or the use of
land; or the regulations | 16 | | by this Division authorized may provide that the
county board | 17 | | may, by ordinance or resolution determine and vary their
| 18 | | application in harmony with their general purpose and intent | 19 | | and in
accordance with general or specific rules therein | 20 | | contained in cases
where there are practical difficulties or | 21 | | particular hardship in the way
of carrying out the strict | 22 | | letter of any such regulations relating to
the use, | 23 | | construction or alteration of buildings or structures or the
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| 1 | | use of land; however, no such variation shall be made by such | 2 | | county
board without a hearing before the board of appeals
| 3 | | unless the variation sought is a variation of ten percent or | 4 | | less of
the regulations by this Division authorized as to | 5 | | location of structures or as
to bulk requirements under such | 6 | | regulations, in which case no
public hearing is required and | 7 | | such variation may be granted by the
administrative official | 8 | | charged with the enforcement of any ordinance or
resolution | 9 | | adopted pursuant to this Division. Provided, however, that | 10 | | before
such variation may be granted, a notice of the intent to | 11 | | grant such variation
shall be sent by certified mail to all | 12 | | adjoining landowners. If any adjoining
landowner files a | 13 | | written objection with the administrative official within
15 | 14 | | days of receipt of such notice, the variation shall only be | 15 | | considered
by the board of appeals in the manner provided in | 16 | | this Section. All other
variations sought shall be made only by | 17 | | ordinance, resolution or otherwise
in a specific case and after | 18 | | a public hearing before a board of appeals of
which there shall | 19 | | be at least 15 days notice of the date, time and place of
such | 20 | | hearing published in a newspaper of general circulation | 21 | | published in
the township or road district in which such | 22 | | property is located. If no
newspaper is published in such | 23 | | township or road district, then such notice
shall be published | 24 | | in a newspaper of general circulation published in the
county | 25 | | and having circulation where such property is located. The | 26 | | notice
shall contain: (1) the particular location of the real |
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| 1 | | estate for which the
variation is requested by legal | 2 | | description and street address, and if no
street address then | 3 | | by locating such real estate with reference to any
well-known | 4 | | landmark, highway, road, thoroughfare or intersection; (2)
| 5 | | whether or not the petitioner or applicant is acting for | 6 | | himself or in the
capacity of agent, alter ego, or | 7 | | representative of a principal, and stating
the name and address | 8 | | of the actual and true principal; (3) whether
petitioner or | 9 | | applicant is a corporation, and if a corporation, the correct
| 10 | | names and addresses of all officers and directors, and of all | 11 | | stockholders
or shareholders owning any interest in excess of | 12 | | 20% of all outstanding
stock of such corporation; (4) whether | 13 | | the petitioner or applicant, or his
principal if other than | 14 | | applicant, is a business or entity doing business
under an | 15 | | assumed name, and if so, the name and residence of all true and
| 16 | | actual owners of such business or entity; (5) whether the | 17 | | petitioner or
applicant is a partnership, joint venture, | 18 | | syndicate or an unincorporated
voluntary association, and if | 19 | | so, the names and addresses of all partners,
joint venturers, | 20 | | syndicate members or members of the unincorporated
voluntary | 21 | | association; and (6) a brief statement of what the proposed
| 22 | | variation consists.
| 23 | | Any notice required by this Section need
not include a | 24 | | metes and bounds legal description of the
location for which | 25 | | the variation is requested, provided that
the notice includes: | 26 | | (i) the common street address or addresses
and (ii) the |
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| 1 | | property index number ("PIN") or numbers of all
the parcels of | 2 | | real property contained in the area for which
the variation is | 3 | | requested. | 4 | | The costs or charges of the publication notice by this | 5 | | Section
required shall be paid by the petitioner or applicant.
| 6 | | Where a variation is to be made by ordinance or resolution, | 7 | | upon the
report of the board of appeals such county board may | 8 | | by ordinance or
resolution without further public hearing adopt | 9 | | any proposed variation
or may refer it back to the board of | 10 | | appeals for further consideration
and any proposed variation | 11 | | which fails to receive the approval of the
board of appeals | 12 | | shall not be passed except by the favorable vote of
3/4 of all | 13 | | the members of the county board, but in counties in which the
| 14 | | county board consists of 3 members only a 2/3 vote is required. | 15 | | Every such
variation, whether made by the board of appeals | 16 | | directly or by ordinance
or resolution after a hearing before a | 17 | | board of appeals shall be
accompanied by a finding of fact | 18 | | specifying the reason for making such
variation.
| 19 | | If a township located within a county with a population of | 20 | | less than 600,000
or more than 3,000,000 has a plan commission, | 21 | | and the plan
commission objects to a zoning
variation which | 22 | | affects unincorporated areas of the township, the township
| 23 | | board of trustees within 15 days after the public hearing | 24 | | before the board
of appeals on such zoning variation, may | 25 | | submit its written objections to
the county board of the county | 26 | | where the unincorporated areas of the
township are located. In |
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| 1 | | such case, the county board shall not approve the
zoning | 2 | | variation, except by the favorable vote of 3/4 of all members | 3 | | of the
county board.
| 4 | | Appeals from final zoning decisions of the County Board | 5 | | must be filed
within one year unless a shorter filing period is | 6 | | required by another law.
| 7 | | (Source: P.A. 91-738, eff. 1-1-01.)
| 8 | | (55 ILCS 5/5-12009.5)
| 9 | | Sec. 5-12009.5. Special uses.
| 10 | | (a) The county board may, by an ordinance passed under this | 11 | | Division,
provide
for
the classification of special uses. Those | 12 | | uses may include, but are not
limited to, public and | 13 | | quasi-public uses affecting the public interest;
uses that have | 14 | | a unique, special, or unusual impact upon the use or enjoyment
| 15 | | of neighboring property; and uses that affect planned | 16 | | development. A use may
be permitted in one or more zoning | 17 | | districts and may be a special use in one or
more other zoning | 18 | | districts.
| 19 | | (b) A special use may be granted only after a public | 20 | | hearing conducted by
the
board of
appeals. There must be at | 21 | | least 15 days' notice before the hearing. The
notice
must | 22 | | include the time, place, and date of the hearing and must be | 23 | | published in
a
newspaper published in the township or road | 24 | | district where the property is
located. If there is no | 25 | | newspaper published in the township or road district
where the |
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| 1 | | property is located,
the notice must be published in a | 2 | | newspaper of general circulation in the
county. The notice must | 3 | | also contain (i) the particular location of the
property for | 4 | | which the special use is requested by legal
description and by | 5 | | street address, or if there is no street address, by
locating | 6 | | the property with reference to any well-known landmark, | 7 | | highway,
road, thoroughfare, or intersection; (ii) whether the | 8 | | petitioner or
applicant is acting for himself or herself or as | 9 | | an agent, alter ego, or
representative of a principal and the | 10 | | name and address of the principal; (iii)
whether the petitioner | 11 | | or applicant is a corporation, and if so, the correct
names and | 12 | | addresses of all officers and
directors of the corporation and | 13 | | of all stockholders or shareholders owning any
interest in | 14 | | excess
of 20% of all of the
outstanding stock or shares of the | 15 | | corporation; (iv) whether the petitioner or
applicant, or his | 16 | | or her principal, is a business or entity doing business
under | 17 | | an assumed name, and if so, the name and residence of all | 18 | | actual
owners of the business or entity; (v) whether the | 19 | | petitioner or applicant,
or his or her principal, is a
| 20 | | partnership, joint venture, syndicate, or an unincorporated | 21 | | voluntary
association, and if so, the names and addresses of | 22 | | all partners or members of
the partnership, joint venture, | 23 | | syndicate, or unincorporated voluntary
association; and
(vi) a | 24 | | brief statement of the proposed special use.
| 25 | | In addition to any other notice required by this Section, | 26 | | the board of
appeals must give at least 15 days' notice before |
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| 1 | | the hearing to (i)
any
municipality whose boundaries are within | 2 | | 1-1/2 miles of any part of the
property proposed as a special | 3 | | use and (ii) the owner or owners of any land
adjacent to or | 4 | | immediately across any street,
alley, or public right-of-way | 5 | | from the property proposed as a special use.
| 6 | | Any notice required by this Section need
not include a | 7 | | metes and bounds legal description of the
location for which | 8 | | the special use is requested, provided that
the notice | 9 | | includes: (i) the common street address or addresses
and (ii) | 10 | | the property index number ("PIN") or numbers of all
the parcels | 11 | | of real property contained in the area for which
the variation | 12 | | is requested. | 13 | | The petitioner or applicant must pay the cost of the | 14 | | publication
of the notice required by this Section.
| 15 | | (c) A special use may be granted only upon evidence that | 16 | | the special use
meets
the standards established for that | 17 | | classification in the ordinance. The
special use may be subject | 18 | | to conditions
reasonably necessary to meet those standards.
| 19 | | (d) The board of appeals shall
report to the county board a | 20 | | finding of fact and a recommendation as to whether
the
county | 21 | | board should deny, grant, or grant subject to conditions the | 22 | | special
use. The county board may, by ordinance and without a | 23 | | further public hearing,
adopt any proposed special use on | 24 | | receiving the report or it may refer the
proposal back to the | 25 | | board of appeals for further consideration.
| 26 | | (e) The county board may, by ordinance, delegate to the |
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| 1 | | board of appeals the
authority to grant special uses subject to | 2 | | the restrictions and requirements
of this Section. The | 3 | | ordinance may delegate the authority to grant all
special uses | 4 | | or to grant only certain classes of special uses while | 5 | | reserving
to the county board the authority to grant other | 6 | | classes of special uses. If
the county board enacts an | 7 | | ordinance delegating its authority, the board of
appeals must, | 8 | | after conducting the required public hearing,
issue a finding | 9 | | of fact and final decision in writing on the proposed special
| 10 | | use.
| 11 | | (Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
| 12 | | (55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
| 13 | | Sec. 5-12014. Amendment of regulations and districts.
| 14 | | (a) For
purposes of this Section, the term "text amendment" | 15 | | means an amendment to
the text of a zoning ordinance, which | 16 | | affects the whole county, and the
term "map amendment" means an | 17 | | amendment to the map of a zoning ordinance,
which affects an | 18 | | individual parcel or parcels of land.
| 19 | | (b) The regulations imposed and the districts created under | 20 | | the
authority of this Division may be amended from time to time | 21 | | by ordinance or
resolution, after the ordinance or resolution | 22 | | establishing same has gone
into effect, but no such amendments | 23 | | shall be made without a hearing
before the board of appeals. At | 24 | | least 15 days notice of the time and
place of such hearing | 25 | | shall be published in a newspaper of general
circulation |
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| 1 | | published in such county. Hearings on text amendments shall
be | 2 | | held in the court house of the county or other county building | 3 | | with more
adequate facilities for such hearings. Hearings on | 4 | | map amendments shall be
held in the township or road district | 5 | | affected by the terms of such
proposed amendment or in the | 6 | | court house, or other county building with
more adequate | 7 | | facilities for such hearings, of the county in which the
| 8 | | affected township or road district is located. Provided, that | 9 | | if the owner
of any property affected by such proposed map | 10 | | amendment so requests in
writing, such hearing shall be held in | 11 | | the township or road district
affected by the terms of such | 12 | | proposed amendment. Except as provided in
subsection (c), text | 13 | | amendments may be passed at a county board meeting by
a simple | 14 | | majority of the elected county board members, unless written
| 15 | | protests against the proposed text amendment are signed by 5% | 16 | | of the land
owners of the county, in which case such amendment | 17 | | shall not be passed
except by the favorable vote of 3/4 of all | 18 | | the members of the county board.
Except as provided in | 19 | | subsection (c), map amendments may be passed at a
county board | 20 | | meeting by a simple majority of the elected county board
| 21 | | members, except that in case of written protest against any | 22 | | proposed map
amendment that is either: (A) signed by the owner | 23 | | or owners of at least 20%
of the land to be rezoned, or (B) | 24 | | signed by the owner or owners of land
immediately touching, or | 25 | | immediately across a street, alley, or public
right-of-way | 26 | | from, at least 20% of the perimeter of the land to be rezoned,
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| 1 | | or in cases where the land affected lies within 1 1/2 miles
of | 2 | | the limits of a zoned municipality, or in the case of a | 3 | | proposed text
amendment to the Zoning Ordinance, by resolution | 4 | | of the corporate
authorities of the zoned municipality with | 5 | | limits nearest adjacent,
filed with the county clerk, such | 6 | | amendment shall not be passed except
by the favorable vote of | 7 | | 3/4 of all the members of the county board, but
in counties in | 8 | | which the county board consists of 3 members only a 2/3
vote is | 9 | | required. In such cases, a copy of the written protest shall be
| 10 | | served by the protestor or protestors on the applicant for the | 11 | | proposed
amendment and a copy upon the applicant's attorney, if | 12 | | any, by certified
mail at the address of such applicant and | 13 | | attorney shown in the
application for the proposed amendment.
| 14 | | Notwithstanding any other provision of this Section, if a map | 15 | | amendment is
proposed solely to correct an error made by the | 16 | | county as a result of a
comprehensive rezoning by the county, | 17 | | the map amendments may be passed at a
county board meeting by a | 18 | | simple majority of the elected board.
| 19 | | Any notice required by this Section need
not include a | 20 | | metes and bounds legal description, provided that
the notice | 21 | | includes: (i) the common street address or addresses
and (ii) | 22 | | the property index number ("PIN") or numbers of all
the parcels | 23 | | of real property contained in the area for which
the variation | 24 | | is requested. | 25 | | (c) If a township located within a county with a population | 26 | | of less
than 600,000 has a plan commission and the plan |
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| 1 | | commission objects to a
text amendment or a map amendment | 2 | | affecting an unincorporated area of the
township, then the | 3 | | township board of trustees may submit its written
objections to | 4 | | the county board within 30 days after the hearing before the
| 5 | | board of appeals, in which case the county board may not adopt | 6 | | the text
amendment or the map amendment affecting an | 7 | | unincorporated area of the
township except by the favorable | 8 | | vote of at least three-fourths of all the
members of the county | 9 | | board.
| 10 | | (Source: P.A. 89-272, eff. 8-10-95.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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