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| Public Act 098-0205 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-12014 as follows:
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(55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
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Sec. 5-12014. Amendment of regulations and districts.
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(a) For
purposes of this Section, the term "text amendment" | ||||
means an amendment to
the text of a zoning ordinance, which | ||||
affects the whole county, and the
term "map amendment" means an | ||||
amendment to the map of a zoning ordinance,
which affects an | ||||
individual parcel or parcels of land.
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(b) The regulations imposed and the districts created under | ||||
the
authority of this Division may be amended from time to time | ||||
by ordinance or
resolution, after the ordinance or resolution | ||||
establishing same has gone
into effect, but no such amendments | ||||
shall be made without a hearing
before the board of appeals. At | ||||
least 15 days notice of the time and
place of such hearing | ||||
shall be published in a newspaper of general
circulation | ||||
published in such county. Hearings on text amendments shall
be | ||||
held in the court house of the county or other county building | ||||
with more
adequate facilities for such hearings. Hearings on | ||||
map amendments shall be
held in the township or road district | ||||
affected by the terms of such
proposed amendment or in the | ||
court house, or other county building with
more adequate | ||
facilities for such hearings, of the county in which the
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affected township or road district is located. Provided, that | ||
if the owner
of any property affected by such proposed map | ||
amendment so requests in
writing, such hearing shall be held in | ||
the township or road district
affected by the terms of such | ||
proposed amendment. Except as provided in
subsection (c), text | ||
amendments may be passed at a county board meeting by
a simple | ||
majority of the elected county board members, unless written
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protests against the proposed text amendment are signed by 5% | ||
of the land
owners of the county, in which case such amendment | ||
shall not be passed
except by the favorable vote of 3/4 of all | ||
the members of the county board.
Except as provided in | ||
subsection (c), map amendments may be passed at a
county board | ||
meeting by a simple majority of the elected county board
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members, except that in case of written protest against any | ||
proposed map
amendment that is either: (A) signed by the owner | ||
or owners of at least 20%
of the land to be rezoned, or (B) | ||
signed by the owner or owners of land
immediately touching, or | ||
immediately across a street, alley, or public
right-of-way | ||
from, at least 20% of the perimeter of the land to be rezoned,
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or in cases where the land affected lies within 1 1/2 miles
of | ||
the limits of a zoned municipality, or in the case of a | ||
proposed text
amendment to the Zoning Ordinance, by resolution | ||
of the corporate
authorities of the zoned municipality with | ||
limits nearest adjacent,
filed with the county clerk, such | ||
amendment shall not be passed except
by the favorable vote of | ||
3/4 of all the members of the county board, but
in counties in | ||
which the county board consists of 3 members only a 2/3
vote is | ||
required. In such cases, a copy of the written protest shall be
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served by the protestor or protestors on the applicant for the | ||
proposed
amendment and a copy upon the applicant's attorney, if | ||
any, by certified
mail at the address of such applicant and | ||
attorney shown in the
application for the proposed amendment.
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Notwithstanding any other provision of this Section, if a map | ||
amendment is
proposed solely to correct an error made by the | ||
county as a result of a
comprehensive rezoning by the county, | ||
the map amendments may be passed at a
county board meeting by a | ||
simple majority of the elected board.
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Any notice required by this Section need
not include a | ||
metes and bounds legal description, 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 area for which
the variation | ||
is requested. | ||
(c) If a township located within a county with a population | ||
of less
than 600,000 has a plan commission and the plan | ||
commission objects to a
text amendment or a map amendment | ||
affecting an unincorporated area of the
township, then the | ||
township board of trustees may submit its written
objections to | ||
the county board within 30 days after the hearing before the
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board of appeals, in which case the county board may not adopt | ||
the text
amendment or the map amendment affecting an | ||
unincorporated area of the
township except by the favorable | ||
vote of at least three-fourths of all the
members of the county | ||
board.
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(Source: P.A. 89-272, eff. 8-10-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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