(65 ILCS 5/11-13-4) (from Ch. 24, par. 11-13-4)
Sec. 11-13-4.
In municipalities of 500,000 or more population, the
regulations authorized by this Division 13 may be varied in their
application only by the board of appeals of the municipality, subject to
the power of the corporate authorities to prohibit, in whole or in part,
the granting of variations in respect to the classification, regulation and
restriction of the location of trades and industries and the location of
buildings designed for specified industrial, business, residential and
other uses. Variations shall be permitted by the board of appeals only when
they are in harmony with the general purpose and intent of the regulations
and only in cases where there are practical difficulties or particular
hardship in the way of carrying out the strict letter of any of those
regulations relating to the use, construction, or alteration of buildings
or structures or the use of land. In its consideration of the standards of
practical difficulties or particular hardship, the board of appeals shall
require evidence that (1) the property in question cannot yield a
reasonable return if permitted to be used only under the conditions allowed
by the regulations in that zone; and (2) the plight of the owner is due to
unique circumstances; and (3) the variation, if granted, will not alter the
essential character of the locality. A variation shall be permitted only if
the evidence, in the judgment of the board of appeals, sustains each of the
3 conditions enumerated. The corporate authorities may provide general or
specific rules implementing, but not inconsistent with, the rules herein
provided to govern determinations of the board of appeals. A decision of
the board of appeals shall not be subject to review, reversal or
modification by the corporate authorities but shall be judicially
reviewable under the provisions of Section 11-13-13.
(Source: P.A. 82-430.)
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