|
Public Act 098-0205
|
| HB1203 Enrolled | LRB098 04041 OMW 34061 b |
|
|
AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Counties Code is amended by changing Section |
5-12014 as follows:
|
(55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
|
Sec. 5-12014. Amendment of regulations and districts.
|
(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.
|
(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
|
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
|
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
|
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,
|
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
|
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.
|
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.
|
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
|