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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/5-12008
(55 ILCS 5/5-12008) (from Ch. 34, par. 5-12008)
Sec. 5-12008.
Enforcement of ordinances or resolutions.
All
ordinances or resolutions passed under the terms of this Division
shall be enforced by such officer of the county as may be designated by
ordinance or resolution. The ordinance or resolution may require that for
any class or classes of districts created thereby, applications be made for
permits to erect buildings or structures, or to alter or remodel existing
buildings or structures, and may vest in the officer designated to enforce
the ordinance or resolution, the power to make orders, requirements,
decisions and determinations with respect to applications for such permits
and with respect to the enforcement of the terms of the ordinance or
resolution.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12009
(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. 91-738, eff. 1-1-01.)
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55 ILCS 5/5-12009.5
(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 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.
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.)
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55 ILCS 5/5-12010
(55 ILCS 5/5-12010) (from Ch. 34, par. 5-12010)
Sec. 5-12010.
Board of Appeals.
The presiding officer of the county
board with the advice and consent of the county board shall appoint a board
of appeals consisting of 5 members and may appoint 2 alternate members, the
5 members to serve respectively for the following terms: one for one year, one
for 2 years, one for 3 years, one for 4 years and one for 5 years; and the
alternate members to serve respectively for 4 years and 5 years. The successor
to each member so appointed shall serve for a term of 5 years. Alternate
members, if appointed, shall serve as members of the board only in the
absence of regular members, with the alternate member who has the greatest
amount of time remaining in his or her term to have priority over the other
alternate member in determining which alternate member shall serve in the
absence of a regular member. In counties of less than 1,000,000 population the
presiding officer of the
county board with the advice and consent of the county board may appoint an
additional 2 members to serve for a term of 5 years. At the end of the term
of the 2 additional members, the county board may provide for the
appointment of successors in the same manner or may allow the board of
appeals to revert to a membership of 5. One of the members so appointed
shall be named as chairman at the time of his appointment, and in case of
vacancy the appointing power shall designate a chairman. All members of a
board of appeals shall be residents of separate townships at
the time of their appointments, except that in counties containing fewer
than 5 townships, or fewer than 7 townships if
the county board has provided for the appointment of 2 additional members,
that limitation shall not be applicable. The appointing authority shall
have the power to remove any member of the board for cause, after public
hearing. Vacancies shall be filled by the appointing authority for the
unexpired term of any member whose place has become vacant. The members of
the board of appeals shall be compensated on a per diem basis with a
mileage allowance for travel, the amounts to be determined by the county
board. All meetings of the board of appeals shall be held at the call of
the chairman and at such times and places within the county as the board
may determine. The chairman, or in his absence the acting chairman may
administer oaths and compel the attendance of witnesses. All meetings of
the board shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote of each member upon every question, or if
absent or failing to vote, indicating such fact, and shall also keep
records of its examinations and other official actions. Every rule,
regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the board shall immediately be
filed in the office of the board and shall be a public record. In the
performance of its duties the board of appeals may incur such expenditures
as are authorized by the county board.
(Source: P.A. 89-217, eff. 1-1-96.)
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55 ILCS 5/5-12011
(55 ILCS 5/5-12011) (from Ch. 34, par. 5-12011)
Sec. 5-12011.
Hearing and decision of board of appeals.
The
board of appeals shall also hear and decide appeals from and review any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of any ordinance or resolution
adopted pursuant to this Division.
It shall also hear and decide all matters referred to it or upon which
it is required to pass under any such ordinance or resolution or under the
terms of this Division. Where a public hearing before a board of appeals is
required by this Division or by any ordinance or resolution
under the terms of this Division, notice of each hearing shall
be published at least 15 days in advance thereof 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 concurring vote of 3 members of a board
consisting of 5 members or the concurring vote of 4 members of a
board
consisting of 7 members is necessary to reverse any order, requirement,
decision or determination of any such administrative official or to decide
in favor of the applicant any matter upon which it is required to pass
under any such ordinance or resolution, or to effect any variation in such
ordinance or resolution, or to recommend any variation or modification in
such ordinance or resolution to the county board. An appeal may be taken
by any person aggrieved or by any officer, department, board or bureau of
the county. An appeal shall be taken within such time as is prescribed by
the board of appeals by general rule by filing with the officer from whom
the appeal is taken and with the board of appeals a notice of appeal,
specifying the grounds thereof. The officer from whom the appeal is taken
shall forthwith transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the board
of appeals after the notice of appeal has been filed with him that by reasons
of facts stated in the certificate a stay would, in his opinion, cause imminent
peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the board
of appeals or by a court on application, on notice to the officer from whom
the appeal is taken and on due cause shown.
(Source: P.A. 92-128, eff. 1-1-02.)
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55 ILCS 5/5-12012
(55 ILCS 5/5-12012) (from Ch. 34, par. 5-12012)
Sec. 5-12012.
Hearing of appeal; review under Administrative Review
Law. The board of appeals shall fix a reasonable time for the hearing
of the appeal and give due notice thereof to the parties and decide the
same within a reasonable time. Upon the hearing, any party may appear in
person or by agent, or by attorney. The board of appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision or
determination as in its opinion ought to be made in the premises, and to
that end shall have all the powers of the officer from whom the appeal is
taken.
All final administrative decisions of the board of appeals hereunder
shall be subject to judicial review pursuant to the provisions of the
Administrative Review Law, and all amendments and modifications thereof,
and the rules adopted pursuant thereto. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12012.1 (55 ILCS 5/5-12012.1)
Sec. 5-12012.1. Actions subject to de novo review; due process. (a) Any decision by the county board of any county, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
55 ILCS 5/5-12013
(55 ILCS 5/5-12013) (from Ch. 34, par. 5-12013)
Sec. 5-12013.
Compensation of the board of appeals.
Members
of the board of appeals shall receive compensation in an amount to be
established by each county board. The compensation shall be paid out of
the county treasury.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12014
(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
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.
(Source: P.A. 98-205, eff. 8-9-13.)
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55 ILCS 5/5-12015
(55 ILCS 5/5-12015) (from Ch. 34, par. 5-12015)
Sec. 5-12015.
Hearing officer; duties.
Notwithstanding anything to
the contrary provided for in this Division:
(A) The county board of each county may by resolution or ordinance establish
the position of hearing officer and delegate to a hearing officer the authority
to conduct any public hearing otherwise required to be heard in accordance
with this Division by the board of appeals. When a hearing
officer is designated by the county board to conduct any such hearing: (i)
notice of hearing shall be given in the same time and manner and the
hearing shall be conducted in the same location provided by this
Division for the giving of such notice and for the location of
such hearing when any such hearing is conducted by the board of appeals;
(ii) the hearing officer in acting upon any matter otherwise within the
jurisdiction of the board of appeals shall be governed by the same
standards and shall exercise and perform all of the powers and duties of
the board of appeals in the same manner and to the same effect as provided
in this Division with respect to the board of appeals
provided that:
1. When the hearing officer is acting upon an application or petition
to amend the regulations imposed or the districts created under the authority
of this Division and such amendment is to be made by ordinance
or resolution, the hearing officer shall render a written recommendation to
the county board within such time and in such manner and form as the county
board shall require;
2. When the hearing officer is acting upon an application or petition
for a variation and the regulations by this Division authorized
provide that the county board by ordinance or resolution may determine and
vary the application of such regulations as set forth in this Division,
then upon report of the hearing officer the county board may by
ordinance or resolution without further public hearing adopt any proposed
variation or may refer it back to the hearing officer for further
consideration, and any proposed variation which fails to receive the
approval of the hearing officer shall not be passed except by the favorable
vote of 3/4 of all members of the county board, but in counties in which
the county board consists of 3 members only a 2/3 vote is required;
3. When the hearing officer is acting upon an application or petition
for a variation and the regulations by this Division
authorized do not provide that the county board by ordinance or resolution
may determine and vary the application of such regulations as set forth in
this Division, or when the hearing officer is acting upon any
matter otherwise within the jurisdiction of the board of appeals under
Sections 5-12011 and 5-12012 other than a
matter referred to in paragraphs 1 and 2 above of this subsection (A), the
determination made by the hearing officer with respect to any such
variation or matter shall constitute a final administrative decision which
is subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended.
(B) The county board may provide general or specific regulations
implementing but not inconsistent with the provisions of this Section,
including regulations relative to the time and manner in which hearing
officers are designated to conduct public hearings and regulations
governing the manner in which such hearings are conducted and matters heard
therein passed upon and determined.
(C) Hearing officers shall be appointed on the basis of training and
experience which qualifies them to conduct hearings, make recommendations
or findings of fact and conclusions on the matters heard and otherwise
exercise and perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive such
compensation as the county board shall provide, and the county board may
establish a schedule of fees to defray the costs of providing a hearing
officer.
(D) This Section is intended to furnish an alternative or supplemental
procedure which a county board in its discretion may provide for hearing,
determining, reviewing and deciding matters which arise under any ordinance,
resolution or regulation adopted pursuant to this Division, but
nothing in this Section shall be deemed to limit or prevent the use of any
existing procedure available pursuant to this Division for
hearing, approving or denying applications or petitions for a variation,
amendment or other revision of any such ordinance, resolution or
regulation, or for hearing and deciding appeals from and reviewing any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of any such ordinance, resolution
or regulation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12016
(55 ILCS 5/5-12016) (from Ch. 34, par. 5-12016)
Sec. 5-12016.
Cooperation with other counties and municipal
corporations. In the exercise of powers conferred by this Division the
county board of any county shall have authority to cooperate with other
counties, with cities, villages or other municipal corporations either
within or without such county, and with municipal or state authorities, and
to appoint such committee or committees as it may think proper to effect
such cooperation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12017
(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
Sec. 5-12017. Violations. In case any building or structure is
erected, constructed, reconstructed, altered, repaired, converted or
maintained or any building, structure or land is used in violation of this
Division or of any ordinance, resolution or other regulation
made under authority conferred thereby, the proper authorities of the
county or of the township in which the building, structure, or land is
located, or any person the value or use of whose property is or may be
affected by such violation, in addition to other remedies, may institute
any appropriate action or proceedings in the circuit court to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of said building, structure or land or to
prevent any illegal act, conduct, business, or use in or about such premises.
Any person who violates the terms of any ordinance adopted under the
authority of this Division shall be guilty of a petty offense
punishable by a fine not to exceed $500, with each week the violation
remains uncorrected constituting a separate offense.
Except in relation to county-owned property, this Section does not authorize any suit against a county or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division. (Source: P.A. 100-595, eff. 6-29-18.)
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55 ILCS 5/5-12018
(55 ILCS 5/5-12018) (from Ch. 34, par. 5-12018)
Sec. 5-12018.
Testimony at hearings.
All testimony by witnesses
in any hearing provided for in this Division shall be given under oath.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12019
(55 ILCS 5/5-12019) (from Ch. 34, par. 5-12019)
Sec. 5-12019.
Appearance and presentation of evidence by school
district. In any hearing before a zoning commission or board of appeals,
any school district within which the property in issue, or any part
thereof, is located shall have the right to appear and present evidence.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12020 (55 ILCS 5/5-12020) Sec. 5-12020. Commercial wind energy facilities and commercial solar energy facilities. (a) As used in this Section: "Commercial solar energy facility" means a "commercial solar energy system" as defined in Section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act. "Commercial wind energy facility" means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. "Commercial wind energy facility" includes a wind energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before January 27, 2023 (the effective date of Public Act 102-1123). "Facility owner" means (i) a person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and (ii) at the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility. "Nonparticipating property" means real property that is not a participating property. "Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Occupied community building" means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center. "Participating property" means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating residence" means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Protected lands" means real property that is: (1) subject to a permanent conservation right | | consistent with the Real Property Conservation Rights Act; or
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| (2) registered or designated as a nature preserve,
| | buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
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| "Supporting facilities" means the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility.
"Wind tower" includes the wind turbine tower, nacelle, and blades.
(b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted formal zoning under Section 5-12007, a county may establish standards for commercial wind energy facilities, commercial solar energy facilities, or both. The standards may include all of the requirements specified in this Section but may not include requirements for commercial wind energy facilities or commercial solar energy facilities that are more restrictive than specified in this Section. A county may also regulate the siting of commercial wind energy facilities with standards that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside the zoning jurisdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality.
(c) If a county has elected to establish standards under subsection (b), before the county grants siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, the county board of the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 60 days after the filing of the application for the facility. The county shall allow interested parties to a special use permit an opportunity to present evidence and to cross-examine witnesses at the hearing, but the county may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of witnesses. The county shall also allow public comment at the public hearing in accordance with the Open Meetings Act. The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper of general circulation in the county. A facility owner must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a county prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the county to grant the permit extension. Counties may allow test wind towers or test solar energy systems to be sited without formal approval by the county board.
(d) A county with an existing zoning ordinance in conflict with this Section shall amend that zoning ordinance to be in compliance with this Section within 120 days after January 27, 2023 (the effective date of Public Act 102-1123).
(e) A county may require:
(1) a wind tower of a commercial wind energy facility
| | to be sited as follows, with setback distances measured from the center of the base of the wind tower:
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Setback Description Setback Distance
Occupied Community 2.1 times the maximum blade tip
Buildings height of the wind tower to the
nearest point on the outside
wall of the structure
Participating Residences 1.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Nonparticipating Residences 2.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Boundary Lines of None
Participating Property
Boundary Lines of 1.1 times the maximum blade tip
Nonparticipating Property height of the wind tower to the
nearest point on the property
line of the nonparticipating
property
Public Road Rights-of-Way 1.1 times the maximum blade tip
height of the wind tower
to the center point of the
public road right-of-way
Overhead Communication and 1.1 times the maximum blade tip
Electric Transmission height of the wind tower to the
and Distribution Facilities nearest edge of the property
(Not Including Overhead line, easement, or
Utility Service Lines to right-of-way
Individual Houses or containing the overhead line
Outbuildings)
Overhead Utility Service None
Lines to Individual
Houses or Outbuildings
Fish and Wildlife Areas 2.1 times the maximum blade
and Illinois Nature tip height of the wind tower
Preserve Commission to the nearest point on the
Protected Lands property line of the fish and
wildlife area or protected
land
This Section does not exempt or excuse compliance with
| | electric facility clearances approved or required by the National Electrical Code, The National Electrical Safety Code, Illinois Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors.
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(2) a wind tower of a commercial wind energy facility
| | to be sited so that industry standard computer modeling indicates that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions;
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| (3) a commercial solar energy facility to be sited as
| | follows, with setback distances measured from the nearest edge of any component of the facility:
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Setback Description Setback Distance
Occupied Community 150 feet from the nearest
Buildings and Dwellings on point on the outside wall
Nonparticipating Properties of the structure
Boundary Lines of None
Participating Property
Public Road Rights-of-Way 50 feet from the nearest
edge
Boundary Lines of 50 feet to the nearest
Nonparticipating Property point on the property
line of the nonparticipating
property
(4) a commercial solar energy facility to be sited so
| | that the facility's perimeter is enclosed by fencing having a height of at least 6 feet and no more than 25 feet; and
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| (5) a commercial solar energy facility to be sited so
| | that no component of a solar panel has a height of more than 20 feet above ground when the solar energy facility's arrays are at full tilt.
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| The requirements set forth in this subsection (e) may be waived subject to the written consent of the owner of each affected nonparticipating property.
(f) A county may not set a sound limitation for wind towers in commercial wind energy facilities or any components in commercial solar energy facilities that is more restrictive than the sound limitations established by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
(g) A county may not place any restriction on the installation or use of a commercial wind energy facility or a commercial solar energy facility unless it adopts an ordinance that complies with this Section. A county may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities or commercial solar energy facilities.
A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, shall be approved if the request is in compliance with the standards and conditions imposed in this Act, the zoning ordinance adopted consistent with this Code, and the conditions imposed under State and federal statutes and regulations.
(h) A county may not adopt zoning regulations that disallow, permanently or temporarily, commercial wind energy facilities or commercial solar energy facilities from being developed or operated in any district zoned to allow agricultural or industrial uses.
(i) A county may not require permit application fees for a commercial wind energy facility or commercial solar energy facility that are unreasonable. All application fees imposed by the county shall be consistent with fees for projects in the county with similar capital value and cost.
(j) Except as otherwise provided in this Section, a county shall not require standards for construction, decommissioning, or deconstruction of a commercial wind energy facility or commercial solar energy facility or related financial assurances that are more restrictive than those included in the Department of Agriculture's standard wind farm agricultural impact mitigation agreement, template 81818, or standard solar agricultural impact mitigation agreement, version 8.19.19, as applicable and in effect on December 31, 2022. The amount of any decommissioning payment shall be in accordance with the financial assurance required by those agricultural impact mitigation agreements.
(j-5) A commercial wind energy facility or a commercial solar energy facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be restored during and following construction or deconstruction of the facility. The plan is to be created independently by the facility developer and shall include the location of any potentially impacted drainage district facilities to the extent this information is publicly available from the county or the drainage district, plans to repair any subsurface drainage affected during construction or deconstruction using procedures outlined in the agricultural impact mitigation agreement entered into by the commercial wind energy facility owner or commercial solar energy facility owner, and procedures for the repair and restoration of surface drainage affected during construction or deconstruction. All surface and subsurface damage shall be repaired as soon as reasonably practicable.
(k) A county may not condition approval of a commercial wind energy facility or commercial solar energy facility on a property value guarantee and may not require a facility owner to pay into a neighboring property devaluation escrow account.
(l) A county may require certain vegetative screening surrounding a commercial wind energy facility or commercial solar energy facility but may not require earthen berms or similar structures.
(m) A county may set blade tip height limitations for wind towers in commercial wind energy facilities but may not set a blade tip height limitation that is more restrictive than the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR Part 77.
(n) A county may require that a commercial wind energy facility owner or commercial solar energy facility owner provide:
(1) the results and recommendations from consultation
| | with the Illinois Department of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool; and
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| (2) the results of the United States Fish and
| | Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with (i) the "U.S. Fish and Wildlife Service's Land-Based Wind Energy Guidelines" and (ii) any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review.
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| (o) A county may require a commercial wind energy facility or commercial solar energy facility to adhere to the recommendations provided by the Illinois Department of Natural Resources in an EcoCAT natural resource review report under 17 Ill. Adm. Code Part 1075.
(p) A county may require a facility owner to:
(1) demonstrate avoidance of protected lands as
| | identified by the Illinois Department of Natural Resources and the Illinois Nature Preserve Commission; or
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| (2) consider the recommendations of the Illinois
| | Department of Natural Resources for setbacks from protected lands, including areas identified by the Illinois Nature Preserve Commission.
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| (q) A county may require that a facility owner provide evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.
(r) To maximize community benefits, including, but not limited to, reduced stormwater runoff, flooding, and erosion at the ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, songbirds, and pollinators, a county may (1) require a commercial solar energy facility owner to plant, establish, and maintain for the life of the facility vegetative ground cover, consistent with the goals of the Pollinator-Friendly Solar Site Act and (2) require the submittal of a vegetation management plan that is in compliance with the agricultural impact mitigation agreement in the application to construct and operate a commercial solar energy facility in the county if the vegetative ground cover and vegetation management plan comply with the requirements of the underlying agreement with the landowner or landowners where the facility will be constructed.
No later than 90 days after January 27, 2023 (the effective date of Public Act 102-1123), the Illinois Department of Natural Resources shall develop guidelines for vegetation management plans that may be required under this subsection for commercial solar energy facilities. The guidelines must include guidance for short-term and long-term property management practices that provide and maintain native and non-invasive naturalized perennial vegetation to protect the health and well-being of pollinators.
(s) If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road district, or other unit of local government relating to a commercial wind energy facility or a commercial solar energy facility, the road use agreement shall require the facility owner to be responsible for (i) the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility or the commercial solar energy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility or the commercial solar energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction. Roadways improved in preparation for and during the construction of the commercial wind energy facility or commercial solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the commercial wind energy facility or the commercial solar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be reasonably related to the cost of administration of the road use agreement.
(s-5) The facility owner shall also compensate landowners for crop losses or other agricultural damages resulting from damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair of all damage to the subsurface drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accordance with the agriculture impact mitigation agreement requirements for repair of drainage. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair and restoration of surface drainage caused by the construction or deconstruction of the commercial wind energy facility or the commercial solar energy facility as soon as reasonably practicable.
(t) Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district in accordance with the farmland drainage plan required by subsection (j-5).
(u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for siting approval or for a special use permit for a commercial wind energy facility or commercial solar energy facility if the application was submitted to a unit of local government before January 27, 2023 (the effective date of Public Act 102-1123); (2) a commercial wind energy facility or a commercial solar energy facility if the facility owner has submitted an agricultural impact mitigation agreement to the Department of Agriculture before January 27, 2023 (the effective date of Public Act 102-1123); or (3) a commercial wind energy or commercial solar energy development on property that is located within an enterprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 2023, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39.
(Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23; 103-580, eff. 12-8-23.)
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55 ILCS 5/5-12021 (55 ILCS 5/5-12021) Sec. 5-12021. Special provisions relating to public schools. (a) In exercising the powers under this Division with respect to public school districts, a county shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (a) is declarative of existing law and does not change the substantive operation of this Division. (b) In processing zoning applications from public school districts, a county shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the county for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the county, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the county.
(Source: P.A. 99-890, eff. 8-25-16.) |
55 ILCS 5/Div. 5-13
(55 ILCS 5/Div. 5-13 heading)
Division 5-13.
Building or Setback Lines
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55 ILCS 5/5-13001
(55 ILCS 5/5-13001) (from Ch. 34, par. 5-13001)
Sec. 5-13001.
Establishment of building or set-back lines.
In addition to the existing power and to the end that adequate
safety may be secured and the congestion of public roads, streets,
traffic-ways, drives and parkways may be lessened or avoided, the county
board of each county is authorized and empowered to establish, regulate and
limit the building or set-back lines on or along any road, street,
traffic-way, drive or parkway in the county outside the corporate limits of
any city, village or incorporated town, as may be deemed best suited to
carry out the provisions of this Division. The powers given by
this Division shall not be exercised so as to deprive the owner
of any existing property of its use or maintenance for the purpose
to which it is then lawfully devoted.
(Source: P.A. 86-962.)
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55 ILCS 5/5-13002
(55 ILCS 5/5-13002) (from Ch. 34, par. 5-13002)
Sec. 5-13002.
Enforcing officer.
All resolutions passed under the
terms of this Division shall be enforced by such officer of the county as
may be designated by resolution.
(Source: P.A. 86-962.)
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55 ILCS 5/5-13003
(55 ILCS 5/5-13003) (from Ch. 34, par. 5-13003)
Sec. 5-13003.
Amendments to regulations.
The regulations imposed
under the authority of this Division may be amended from time to time by
resolution after the resolution establishing the same has
gone into effect, but no such amendments shall be made without
a hearing before some committee designated by the county board. At least
fifteen days notice of the time and place of such hearing shall be
published in an official newspaper, or a newspaper of general circulation,
in such county. Such amendment shall not be passed except by a favorable
vote of two-thirds of all the members of the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-13004
(55 ILCS 5/5-13004) (from Ch. 34, par. 5-13004)
Sec. 5-13004.
Proceedings to restrain violation.
In case any building
or structure is erected or constructed in violation of this Division, or
any resolution or other regulation made under the authority conferred
thereby, the proper authorities of the county, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection or construction to restrain, correct or abate
such violation, to prevent the occupancy of said building or structure
or to prevent any illegal act, conduct, business or use in or about
such premises.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-14
(55 ILCS 5/Div. 5-14 heading)
Division 5-14.
Regional Planning
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55 ILCS 5/5-14001
(55 ILCS 5/5-14001) (from Ch. 34, par. 5-14001)
Sec. 5-14001.
Regional plan.
Whenever in the judgment of the county
board of any county, a portion or all of said county as a region, should
have a plan made for the general purpose of guiding and accomplishing a
co-ordinated, adjusted and harmonious development of said region, and of
public improvements and utilities therein, and which plans will in the
judgment of the county board, in accordance with the present and future
needs of the region and of the State, best promote health, safety, morals,
order, convenience, prosperity, efficiency and economy in the process of
development and the general welfare of said region, the county board is
hereby empowered by resolution of record to define the boundaries of such
region and to create a regional planning commission for the making of a
regional plan for such region so defined. The number of members of such
commission, their method of appointment, and their power and authority in
the making of such plan, shall be such as the county board may deem proper
and not in conflict with law. Said Commission shall be a fact finding body
and shall make such investigations and gather such statistics as it shall
deem necessary for the planning and development of said region, and shall
make a plan of said region to include all matter which it may deem
necessary for the development of the region as provided above.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14002
(55 ILCS 5/5-14002) (from Ch. 34, par. 5-14002)
Sec. 5-14002.
Expenses of commission.
The county board is hereby
authorized to appropriate to the planning commission from any funds under
its control and not otherwise appropriated, such sum as the county board
may deem proper for said work as above, and within the amounts so
appropriated, the regional planning commission shall have the authority:
(1) to employ such assistance as it may deem necessary;
(2) with the concurrence of the county board of any county to accept,
receive and expend funds, grants and services from the federal government,
or its agencies, and from departments, agencies and instrumentalities of
state and local governments;
(3) to contract with respect to any funds, grants or services from
whatever source derived;
(4) to provide such information and reports as may be necessary to
secure financial aid.
(Source: P.A. 86-962.)
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