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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.
() 55 ILCS 5/5-12011
(55 ILCS 5/5-12011) (from Ch. 34, par. 5-12011)
Sec. 5-12011.
Hearing and decision of board of appeals.
The
board of appeals shall also hear and decide appeals from and review any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of any ordinance or resolution
adopted pursuant to this Division.
It shall also hear and decide all matters referred to it or upon which
it is required to pass under any such ordinance or resolution or under the
terms of this Division. Where a public hearing before a board of appeals is
required by this Division or by any ordinance or resolution
under the terms of this Division, notice of each hearing shall
be published at least 15 days in advance thereof in a newspaper of general
circulation published in the township or road district in which such
property is located. If no newspaper is published in such township or road
district, then such notice shall be published in a newspaper of general
circulation published in the county and having circulation where such
property is located. The concurring vote of 3 members of a board
consisting of 5 members or the concurring vote of 4 members of a
board
consisting of 7 members is necessary to reverse any order, requirement,
decision or determination of any such administrative official or to decide
in favor of the applicant any matter upon which it is required to pass
under any such ordinance or resolution, or to effect any variation in such
ordinance or resolution, or to recommend any variation or modification in
such ordinance or resolution to the county board. An appeal may be taken
by any person aggrieved or by any officer, department, board or bureau of
the county. An appeal shall be taken within such time as is prescribed by
the board of appeals by general rule 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 reasons
of facts stated in the certificate a stay would, in his opinion, cause imminent
peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the board
of appeals or by a court on application, on notice to the officer from whom
the appeal is taken and on due cause shown.
(Source: P.A. 92-128, eff. 1-1-02.)
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55 ILCS 5/5-12012
(55 ILCS 5/5-12012) (from Ch. 34, par. 5-12012)
Sec. 5-12012.
Hearing of appeal; review under Administrative Review
Law. 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
same 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 shall have all the powers of the officer from whom the appeal is
taken.
All final administrative decisions of the board of appeals hereunder
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. 86-962.)
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55 ILCS 5/5-12012.1 (55 ILCS 5/5-12012.1)
Sec. 5-12012.1. Actions subject to de novo review; due process. (a) Any decision by the county board of any county, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
55 ILCS 5/5-12013
(55 ILCS 5/5-12013) (from Ch. 34, par. 5-12013)
Sec. 5-12013.
Compensation of the board of appeals.
Members
of the board of appeals shall receive compensation in an amount to be
established by each county board. The compensation shall be paid out of
the county treasury.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12014
(55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
Sec. 5-12014. Amendment of regulations and districts.
(a) For
purposes of this Section, the term "text amendment" means an amendment to
the text of a zoning ordinance, which affects the whole county, and the
term "map amendment" means an amendment to the map of a zoning ordinance,
which affects an individual parcel or parcels of land.
(b) The regulations imposed and the districts created under the
authority of this Division may be amended from time to time by ordinance or
resolution, after the ordinance or resolution establishing same has gone
into effect, but no such amendments shall be made without a hearing
before the board of appeals. At least 15 days notice of the time and
place of such hearing shall be published in a newspaper of general
circulation published in such county. Hearings on text amendments shall
be held in the court house of the county or other county building with more
adequate facilities for such hearings. Hearings on map amendments shall be
held in the township or road district affected by the terms of such
proposed amendment or in the court house, or other county building with
more adequate facilities for such hearings, of the county in which the
affected township or road district is located. Provided, that if the owner
of any property affected by such proposed map amendment so requests in
writing, such hearing shall be held in the township or road district
affected by the terms of such proposed amendment. Except as provided in
subsection (c), text amendments may be passed at a county board meeting by
a simple majority of the elected county board members, unless written
protests against the proposed text amendment are signed by 5% of the land
owners of the county, in which case such amendment shall not be passed
except by the favorable vote of 3/4 of all the members of the county board.
Except as provided in subsection (c), map amendments may be passed at a
county board meeting by a simple majority of the elected county board
members, except that in case of written protest against any proposed map
amendment that is either: (A) signed by the owner or owners of at least 20%
of the land to be rezoned, or (B) signed by the owner or owners of land
immediately touching, or immediately across a street, alley, or public
right-of-way from, at least 20% of the perimeter of the land to be rezoned,
or in cases where the land affected lies within 1 1/2 miles
of the limits of a zoned municipality, or in the case of a proposed text
amendment to the Zoning Ordinance, by resolution of the corporate
authorities of the zoned municipality with limits nearest adjacent,
filed with the county clerk, such amendment shall not be passed except
by the favorable vote of 3/4 of all the members of the county board, but
in counties in which the county board consists of 3 members only a 2/3
vote is required. In such cases, a copy of the written protest shall be
served by the protestor or protestors on the applicant for the proposed
amendment 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.
Notwithstanding any other provision of this Section, if a map amendment is
proposed solely to correct an error made by the county as a result of a
comprehensive rezoning by the county, the map amendments may be passed at a
county board meeting by a simple majority of the elected board.
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 area for which
the variation is requested. (c) If a township located within a county with a population of less
than 600,000 has a plan commission and the plan commission objects to a
text amendment or a map amendment affecting an unincorporated area of the
township, then the township board of trustees may submit its written
objections to the county board within 30 days after the hearing before the
board of appeals, in which case the county board may not adopt the text
amendment or the map amendment affecting an unincorporated area of the
township except by the favorable vote of at least three-fourths of all the
members of the county board.
(Source: P.A. 98-205, eff. 8-9-13.)
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