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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2323
LRB9105317DHmg
1 AN ACT to amend the Counties Code by changing Section
2 5-12009.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12009 as follows:
7 (55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
8 Sec. 5-12009. Variation by board of appeals. The rules
9 authorized regulations by this Division authorized may
10 provide that a board of appeals may determine and vary their
11 application in harmony with their general purpose and intent
12 and in accordance with general or specific rules therein
13 contained in cases where there are practical difficulties or
14 particular hardship in the way of carrying out the strict
15 letter of any of such rules regulations relating to the use,
16 construction or alteration of buildings or structures or the
17 use of land; or the rules authorized regulations by this
18 Division authorized may provide that the county board may, by
19 ordinance or resolution determine and vary their application
20 in harmony with their general purpose and intent and in
21 accordance with general or specific rules therein contained
22 in cases where there are practical difficulties or particular
23 hardship in the way of carrying out the strict letter of any
24 rule such regulations relating to the use, construction or
25 alteration of buildings or structures or the use of land;
26 however, no such variation shall be made by a such county
27 board without a hearing before the board of appeals unless
28 the variation sought is a variation of 10% ten percent or
29 less of the rules authorized regulations by this Division
30 authorized as to location of structures or as to bulk
31 requirements under those rules such regulations, in which
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1 case no public hearing is required and the such variation may
2 be granted by the administrative official charged with the
3 enforcement of any ordinance or resolution adopted under
4 pursuant to this Division. Provided, however, that before a
5 such variation may be granted, a notice of the intent to
6 grant the such variation must shall be sent by certified mail
7 to all adjoining landowners. If any adjoining landowner
8 files a written objection with the administrative official
9 within 15 days of receipt of the such notice, the variation
10 may shall only be considered by the board of appeals only in
11 the manner provided in this Section. All other variations
12 sought shall be made only by ordinance, resolution or
13 otherwise in a specific case and after a public hearing
14 before a board of appeals. of which There shall be at least
15 15 days notice of the date, time, and place of the such
16 hearing, published in a newspaper of general circulation
17 published in the township or road district in which the such
18 property is located. If no newspaper is published in the such
19 such notice shall be
20 published in a newspaper of general circulation published in
21 the county and having circulation where the such property is
22 located. The notice shall contain: (1) the particular
23 location of the real estate for which the variation is
24 requested by legal description and street address, and if no
25 street address then by locating the such real estate with
26 reference to any well-known landmark, highway, road,
27 thoroughfare, or intersection; (2) whether or not the
28 petitioner or applicant is acting for himself or in the
29 capacity of agent, alter ego, or representative of a
30 principal, and stating the name and address of the actual and
31 true principal; (3) whether petitioner or applicant is a
32 corporation, and if a corporation, the correct names and
33 addresses of all officers and directors, and of all
34 stockholders or shareholders owning any interest in excess of
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1 20% of all outstanding stock of the such corporation; (4)
2 whether the petitioner or applicant, or his principal if
3 other than applicant, is a business or entity doing business
4 under an assumed name, and if so, the name and residence of
5 all true and actual owners of that such business or entity;
6 (5) whether the petitioner or applicant is a partnership,
7 joint venture, syndicate or an unincorporated voluntary
8 association, and if so, the names and addresses of all
9 partners, joint venturers, syndicate members or members of
10 the unincorporated voluntary association; and (6) a brief
11 statement of what the proposed variation consists.
12 The costs or charges of the publication notice required
13 by this Section required shall be paid by the petitioner or
14 applicant.
15 Where a variation is to be made by ordinance or
16 resolution, upon the report of the board of appeals the such
17 county board may by ordinance or resolution without further
18 public hearing adopt any proposed variation or may refer it
19 back to the board of appeals for further consideration, and
20 any proposed variation which fails to receive the approval of
21 the board of appeals shall not be passed except by the
22 favorable vote of three-fourths 3/4 of all the members of the
23 county board, but in counties in which the county board
24 consists of 3 members only a two-thirds 2/3 vote is required.
25 Every such variation, whether made by the board of appeals
26 directly or by ordinance or resolution after a hearing before
27 a board of appeals, shall be accompanied by a finding of fact
28 specifying the reason for making the such variation.
29 If a township located within a county with a population
30 of less than 600,000 has a plan commission, and the plan
31 commission objects to a zoning variation which affects
32 unincorporated areas of the township, the township board of
33 trustees within 15 days after the public hearing before the
34 board of appeals on the such zoning variation, may submit its
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1 written objections to the county board of the county where
2 the unincorporated areas of the township are located. In
3 that such case, the county board shall not approve the zoning
4 variation, except by the favorable vote of three-fourths 3/4
5 of all members of the county board.
6 Appeals from final zoning decisions of the County Board
7 must be filed within one year unless a shorter filing period
8 is required by another law.
9 (Source: P.A. 89-272, eff. 8-10-95.)