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Public Act 91-0738
SB906 Enrolled LRB9105747MWpr
AN ACT concerning township plan commissions, amending
named Acts.
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 5-12009 as follows:
(55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
Sec. 5-12009. Variation by board of appeals. The
regulations by this Division authorized 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 therein contained
in cases where there are practical difficulties or particular
hardship in the way of carrying out the strict letter of any
of such regulations relating to the use, construction or
alteration of buildings or structures or the use of land; or
the regulations by this Division authorized may provide that
the county 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 therein contained in cases where there are practical
difficulties or particular hardship in the way of carrying
out the strict letter of any such regulations relating to the
use, construction or alteration of buildings or structures or
the use of land; however, no such variation shall be made by
such county board without a hearing before the board of
appeals unless the variation sought is a variation of ten
percent or less of the regulations by this Division
authorized as to location of structures or as to bulk
requirements under such regulations, in which case no public
hearing is required and such variation may be granted by the
administrative official charged with the enforcement of any
ordinance or resolution adopted pursuant to this Division.
Provided, however, that before such variation may be granted,
a notice of the intent to grant such variation shall be sent
by certified mail to all adjoining landowners. If any
adjoining landowner files a written objection with the
administrative official within 15 days of receipt of such
notice, the variation shall only be considered by the board
of appeals in the manner provided in this Section. All other
variations sought shall be made only by ordinance, resolution
or otherwise in a specific case and after a public hearing
before a board of appeals of which there shall be at least 15
days notice of the date, time and place of such hearing
published in a newspaper of general circulation published in
the township or road district in which such property is
located. If no newspaper is published in such township or
road district, then such notice shall be published in a
newspaper of general circulation published in the county and
having circulation where such property is located. The notice
shall contain: (1) the particular location of the real estate
for which the variation is requested by legal description and
street address, and if no street address then by locating
such real estate with reference to any well-known landmark,
highway, road, thoroughfare or intersection; (2) whether or
not the petitioner or applicant is acting for himself or in
the capacity of agent, alter ego, or representative of a
principal, and stating the name and address of the actual and
true principal; (3) whether petitioner or applicant is a
corporation, and if a corporation, the correct names and
addresses of all officers and directors, and of all
stockholders or shareholders owning any interest in excess of
20% of all outstanding stock of such corporation; (4) whether
the petitioner or applicant, or his principal if other than
applicant, is a business or entity doing business under an
assumed name, and if so, the name and residence of all true
and actual owners of such business or entity; (5) whether the
petitioner or applicant is a partnership, joint venture,
syndicate or an unincorporated voluntary association, and if
so, the names and addresses of all partners, joint venturers,
syndicate members or members of the unincorporated voluntary
association; and (6) a brief statement of what the proposed
variation consists.
The costs or charges of the publication notice by this
Section required shall be paid by the petitioner or
applicant.
Where a variation is to be made by ordinance or
resolution, upon the report of the board of appeals such
county board may by ordinance or resolution without further
public hearing adopt any proposed variation or may refer it
back to the board of appeals for further consideration and
any proposed variation which fails to receive the approval of
the board of appeals 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. Every such 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 such variation.
If a township located within a county with a population
of less than 600,000 or more than 3,000,000 has a plan
commission, and the plan commission objects to a zoning
variation which affects unincorporated areas of the township,
the township board of trustees within 15 days after the
public hearing before the board of appeals on such zoning
variation, may submit its written objections to the county
board of the county where the unincorporated areas of the
township are located. In such case, the county board shall
not approve the zoning variation, except by the favorable
vote of 3/4 of all members of the county board.
Appeals from final zoning decisions of the County Board
must be filed within one year unless a shorter filing period
is required by another law.
(Source: P.A. 89-272, eff. 8-10-95.)
Section 10. The Township Code is amended by changing
Section 105-35 as follows:
(60 ILCS 1/105-35)
Sec. 105-35. Township plan commission.
(a) In townships with a population of more than 500
located in counties with a population of less than 600,000 or
more than 3,000,000, the township board may by resolution
create a township plan commission. The commission shall
consist of 5 members appointed by the township supervisor
with the advice and consent of the township board. Their
terms of office shall be prescribed by the township board.
The township supervisor shall designate one of the members as
chairman, and the plan commission may appoint other officers
it deems necessary and appropriate. The township board may
authorize a plan commission to have necessary staff and shall
pay the expenses of that staff.
(b) Every township plan commission may have the
following powers and duties:
(1) The commission may prepare and recommend to the
township board a comprehensive plan for the present and
future development or redevelopment of the unincorporated
areas of the township. The plan may be adopted in whole
or in separate geographical or functional parts, each of
which, when adopted, shall be the official plan, or part
of the official plan, of that township. The plan may
include reasonable requirements with reference to
streets, alleys, public grounds, and other improvements
specified in this Section. The plan may recommend (i)
establishing reasonable standards of design for
subdivisions and for resubdivisions of unimproved land
and of areas subject to redevelopment with respect to
public improvements as defined in this Section and (ii)
establishing reasonable requirements governing the
location, width, course, and surfacing of public streets
and highways, alleys, ways for public service facilities,
curbs, gutters, sidewalks, street lights, parks,
playgrounds, school grounds, size of lots to be used for
residential purposes, storm water drainage, water supply
and distribution, sanitary sewers, and sewage collection
and treatment.
(2) The commission may from time to time recommend
changes in the official comprehensive plan.
(3) The commission may from time to time prepare
and recommend to the township authorities plans for
specific improvements in pursuance of the official
comprehensive plan.
(4) The commission may give aid to the officials
charged with the direction of projects for improvements
embraced within the official plan to further the making
of these projects and, generally, may promote the
realization of the official comprehensive plan.
(5) The commission may prepare and recommend to the
township board schemes for regulating or forbidding
structures or activities in unincorporated areas that may
hinder access to solar energy necessary for the proper
functioning of solar energy systems, as defined in
Section 1.2 of the Comprehensive Solar Energy Act of
1977, or may recommend changes in those schemes.
(6) The commission may exercise other powers
germane to the powers granted by this Section that are
conferred by the township board.
(c) If the county in which the township is located has
adopted a county zoning ordinance under Division 5-12 of the
Counties Code, the recommendations of the township plan
commission may be presented by the township board to the
county board of that county.
(Source: P.A. 86-1480; 86-1489; 87-435; 88-62.)
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