Bill Text: IL HB1203 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Provides that a notice concerning variations, special uses, or specified zoning hearings need not include a metes and bounds legal description of the property affected, provided that the notice includes the common street address or addresses and property index number ("PIN") of all the parcels of real property contained in the affected area. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0205 [HB1203 Detail]
Download: Illinois-2013-HB1203-Introduced.html
Bill Title: Amends the Counties Code. Provides that a notice concerning variations, special uses, or specified zoning hearings need not include a metes and bounds legal description of the property affected, provided that the notice includes the common street address or addresses and property index number ("PIN") of all the parcels of real property contained in the affected area. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0205 [HB1203 Detail]
Download: Illinois-2013-HB1203-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||||||
5 | Sections 5-12009, 5-12009.5, and 5-12014 as follows:
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6 | (55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
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7 | Sec. 5-12009. Variation by board of appeals. The | |||||||||||||||||||||||
8 | regulations by this
Division authorized may provide that a
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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
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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
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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)
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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
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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
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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
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22 | variation consists.
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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.
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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
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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.
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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
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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.
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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.
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7 | (Source: P.A. 91-738, eff. 1-1-01.)
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8 | (55 ILCS 5/5-12009.5)
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9 | Sec. 5-12009.5. Special uses.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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10 | use.
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11 | (Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
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12 | (55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
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13 | Sec. 5-12014. Amendment of regulations and districts.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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10 | (Source: P.A. 89-272, eff. 8-10-95.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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