State of Illinois
91st General Assembly
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91_HB2323eng

 
HB2323 Engrossed                               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
 
HB2323 Engrossed            -2-                LRB9105317DHmg
 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      township  or  road  district,  then  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;  (1.5)  the  property  index
28    number  (PIN)  of  the real estate for which the variation is
29    requested; (2) whether or not the petitioner or applicant  is
30    acting for himself or in the capacity of agent, alter ego, or
31    representative  of  a  principal,  and  stating  the name and
32    address  of  the  actual  and  true  principal;  (3)  whether
33    petitioner  or  applicant  is  a  corporation,   and   if   a
34    corporation,  the correct names and addresses of all officers
 
HB2323 Engrossed            -3-                LRB9105317DHmg
 1    and directors, and of all stockholders or shareholders owning
 2    any interest in excess of 20% of all outstanding stock of the
 3     such corporation; (4) whether the petitioner  or  applicant,
 4    or  his  principal  if other than applicant, is a business or
 5    entity doing business under an assumed name, and if  so,  the
 6    name and residence of all true and actual owners of that such
 7      business or entity; (5) whether the petitioner or applicant
 8    is  a   partnership,   joint   venture,   syndicate   or   an
 9    unincorporated  voluntary  association,  and if so, the names
10    and addresses of all  partners,  joint  venturers,  syndicate
11    members   or   members   of   the   unincorporated  voluntary
12    association; and (6) a brief statement of what  the  proposed
13    variation consists.
14        The  costs  or charges of the publication notice required
15    by this Section required shall be paid by the  petitioner  or
16    applicant.
17        Where   a  variation  is  to  be  made  by  ordinance  or
18    resolution, upon the report of the board of appeals the  such
19    county  board  may by ordinance or resolution without further
20    public hearing adopt any proposed variation or may  refer  it
21    back  to  the board of appeals for further consideration, and
22    any proposed variation which fails to receive the approval of
23    the board of appeals  shall  not  be  passed  except  by  the
24    favorable vote of three-fourths 3/4 of all the members of the
25    county  board,  but  in  counties  in  which the county board
26    consists of 3 members only a two-thirds 2/3 vote is required.
27    Every such variation, whether made by the  board  of  appeals
28    directly or by ordinance or resolution after a hearing before
29    a board of appeals, shall be accompanied by a finding of fact
30    specifying the reason for making the such variation.
31        If  a  township located within a county with a population
32    of less than 600,000 has a  plan  commission,  and  the  plan
33    commission  objects  to  a  zoning  variation  which  affects
34    unincorporated  areas  of the township, the township board of
 
HB2323 Engrossed            -4-                LRB9105317DHmg
 1    trustees within 15 days after the public hearing  before  the
 2    board of appeals on the such zoning variation, may submit its
 3    written  objections  to  the county board of the county where
 4    the unincorporated areas of the  township  are  located.   In
 5    that such case, the county board shall not approve the zoning
 6    variation,  except by the favorable vote of three-fourths 3/4
 7    of all members of the county board.
 8        Appeals from final zoning decisions of the  County  Board
 9    must  be filed within one year unless a shorter filing period
10    is required by another law.
11    (Source: P.A. 89-272, eff. 8-10-95.)

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