(60 ILCS 1/110-35)
Sec. 110-35.
Variations.
(a) The regulations authorized by this Article may
provide that a board of appeals may determine and vary their application in
harmony with their general purpose and intent and in accordance with general or
specific rules contained in the regulations in cases where there are practical
difficulties or there is particular hardship in carrying out the strict letter
of regulations relating to the use, construction, or alteration of buildings or
structures or the use of land. Alternatively, the regulations may provide that
the township board may by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in accordance
with general or specific rules contained in the regulations in cases where
there are practical difficulties or there is particular hardship in carrying
out the strict letter of regulations relating to the use, construction, or
alteration of buildings or structures or the use of land.
(b) No variation shall be made by the township board without a hearing
before the board of appeals. No variation shall be made by ordinance,
resolution, or otherwise except in a specific case and after a public hearing
before a board of appeals. There shall be at least 15 days notice of the time
and place of the hearing, published in a newspaper of general circulation in
the township. The notice shall contain the particular location for which the
variation is requested as well as a brief statement of the proposed variation.
(c) Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals, the township board may by ordinance or
resolution and without further public hearing adopt any proposed variation or
may refer it back to the board of appeals for further consideration. Any
proposed variation that fails to receive the approval of the board of appeals
shall not be passed except by the favorable vote of three-fourths of all the
members of the township board. Every variation, whether made by the board of
appeals directly or by ordinance or resolution after a hearing before a board
of appeals, shall be accompanied by a finding of fact specifying the reason
for making the variation.
(Source: P.A. 82-783; 88-62.)
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