Bill Text: IL HB4540 | 2011-2012 | 97th 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: (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 affected area. Effective immediately
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4540 Detail]
Download: Illinois-2011-HB4540-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: (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 affected area. Effective immediately
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4540 Detail]
Download: Illinois-2011-HB4540-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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