SB2021 96TH GENERAL ASSEMBLY

LRB096 03417 RLJ 13441 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2021

Introduced 2/20/2009, by Sen. Michael W. Frerichs

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12009	from Ch. 34, par. 5-12009
55 ILCS 5/5-12009.5

Amends the Counties Code. Provides that notice of a public hearing with respect to a zoning change or special use must be mailed and posted on signs by the board of appeals for all landowners and governmental entities whose property or district boundaries are within 1.5-miles of any parcel in an unincorporated area for which a zoning change is proposed or a special use permit is sought. Provides that notice must be given not more than 30 nor less than 15 days prior to the hearing. Provides that the notice must be mailed by first-class mail by the board of appeals and include: (i) the case number; (ii) the name of the applicant; (iii) a statement of the present zoning and proposed rezoning; (iv) the requested variance or special use; (v) the hearing's time, date, place, and location; and (vi) the phone number for the board of appeals. Specifies the information to be included on the signs and how the information is to be displayed on the signs. Makes other changes. Effective immediately.

A BILL FOR

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 Sections 5-12009 and 5-12009.5 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.

In addition to any other notice required by this Section, the board of appeals must give notice not more than 30 and not less than 15 days prior to a hearing to all landowners and governmental entities whose property or district boundaries are within 1.5 miles of any parcel in an unincorporated area for which a zoning variation is proposed. The measurement of all rights-of-way must be excluded in measuring the 1.5 miles. If any parcel within 1.5 miles of the proposed variation falls within a municipal boundary, that parcel is exempt from receiving notice. Notice shall be given in the following manner:

(1) At least 30 days before the hearing, applicants shall provide the board of appeals with a list of the latest taxpayers of record within 1.5 miles of any parcel in an unincorporated area for which a zoning variation is proposed. The applicant shall compile the list from the records maintained by the county assessor's office using the most current records on file as of 30 days before the hearing.

(2) Notice must be mailed by first-class mail by the board of appeals. Notice shall contain: (i) the case number; (ii) the name of the applicant; (iii) a statement of the present zoning and proposed rezoning; (iv) the requested variance or special use; (v) the hearing's time, date, place, and location; and (vi) the phone number for the board of appeals.

(3) The board of appeals must post signs on the property subject to the proposed variance. The signs must be posted on all frontage roads and points of entry. Multiple signs shall be spaced at a distance not to exceed 1,300 feet from one another. The signs shall be removed within 5 days after the hearing concludes. Signs shall be weather-proof and no smaller than 24 inches by 36 inches in size. Signs shall contain: (i) lettering and coloring that contrasts; (ii) lettering at least 1.25 inches in size; (iii) the words "Notice of Public Hearing" at the top of the sign; (iv) the case number, the applicant's name, a statement of the present zoning and proposed rezoning, and the requested variance or special use; (v) the hearing's time, date, place, and location; (vi) the phone number for the board of appeals; and (vii) if the public hearing is continued, then the updated continuation date and any changes to the location.

(4) The costs or charges of mailing notice and posting the signs required under this Section 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. 91-738, eff. 1-1-01.)

(55 ILCS 5/5-12009.5)

Sec. 5-12009.5. Special uses.

(a) The county board may, by an ordinance passed under this Division, provide for the classification of special uses. Those uses may include, but are not limited to, public and quasi-public uses affecting the public interest; uses that have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; and uses that affect planned development. A use may be permitted in one or more zoning districts and may be a special use in one or more other zoning districts.

(b) A special use may be granted only after a public hearing conducted by the board of appeals. There must be at least 15 days' notice before the hearing. The notice must include the time, place, and date of the hearing and must be published in a newspaper published in the township or road district where the property is located. If there is no newspaper published in the township or road district where the property is located, the notice must be published in a newspaper of general circulation in the county. The notice must also contain (i) the particular location of the property for which the special use is requested by legal description and by street address, or if there is no street address, by locating the property with reference to any well-known landmark, highway, road, thoroughfare, or intersection; (ii) whether the petitioner or applicant is acting for himself or herself or as an agent, alter ego, or representative of a principal and the name and address of the principal; (iii) whether the petitioner or applicant is a corporation, and if so, the correct names and addresses of all officers and directors of the corporation and of all stockholders or shareholders owning any interest in excess of 20% of all of the outstanding stock or shares of the corporation; (iv) whether the petitioner or applicant, or his or her principal, is a business or entity doing business under an assumed name, and if so, the name and residence of all actual owners of the business or entity; (v) whether the petitioner or applicant, or his or her principal, is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association; and (vi) a brief statement of the proposed special use.

In addition to any other notice required by this Section, the board of appeals must give:

(1) at least 15 days' notice before the hearing to (i) any municipality whose boundaries are within 1-1/2 miles of any part of the property proposed as a special use and (ii) the owner or owners of any land adjacent to or immediately across any street, alley, or public right-of-way from the property proposed as a special use; and .

(2) notice of a proposed special use for any parcel within 1.5 miles of an unincorporated area in the same manner as a variance for any parcel within 1.5 miles of an unincorporated area under Section 5-12009.

The petitioner or applicant must pay the cost of the publication of the notice required by this Section.

(c) A special use may be granted only upon evidence that the special use meets the standards established for that classification in the ordinance. The special use may be subject to conditions reasonably necessary to meet those standards.

(d) The board of appeals shall report to the county board a finding of fact and a recommendation as to whether the county board should deny, grant, or grant subject to conditions the special use. The county board may, by ordinance and without a further public hearing, adopt any proposed special use on receiving the report or it may refer the proposal back to the board of appeals for further consideration.

(e) The county board may, by ordinance, delegate to the board of appeals the authority to grant special uses subject to the restrictions and requirements of this Section. The ordinance may delegate the authority to grant all special uses or to grant only certain classes of special uses while reserving to the county board the authority to grant other classes of special uses. If the county board enacts an ordinance delegating its authority, the board of appeals must, after conducting the required public hearing, issue a finding of fact and final decision in writing on the proposed special use.

(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect upon becoming law.