Full Text of HB1203 98th General Assembly
HB1203ham001 98TH GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 3/1/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1203
| 2 | | AMENDMENT NO. ______. Amend House Bill 1203 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-12014 as follows:
| 6 | | (55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
| 7 | | Sec. 5-12014. Amendment of regulations and districts.
| 8 | | (a) For
purposes of this Section, the term "text amendment" | 9 | | means an amendment to
the text of a zoning ordinance, which | 10 | | affects the whole county, and the
term "map amendment" means an | 11 | | amendment to the map of a zoning ordinance,
which affects an | 12 | | individual parcel or parcels of land.
| 13 | | (b) The regulations imposed and the districts created under | 14 | | the
authority of this Division may be amended from time to time | 15 | | by ordinance or
resolution, after the ordinance or resolution | 16 | | establishing same has gone
into effect, but no such amendments |
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| 1 | | shall be made without a hearing
before the board of appeals. At | 2 | | least 15 days notice of the time and
place of such hearing | 3 | | shall be published in a newspaper of general
circulation | 4 | | published in such county. Hearings on text amendments shall
be | 5 | | held in the court house of the county or other county building | 6 | | with more
adequate facilities for such hearings. Hearings on | 7 | | map amendments shall be
held in the township or road district | 8 | | affected by the terms of such
proposed amendment or in the | 9 | | court house, or other county building with
more adequate | 10 | | facilities for such hearings, of the county in which the
| 11 | | affected township or road district is located. Provided, that | 12 | | if the owner
of any property affected by such proposed map | 13 | | amendment so requests in
writing, such hearing shall be held in | 14 | | the township or road district
affected by the terms of such | 15 | | proposed amendment. Except as provided in
subsection (c), text | 16 | | amendments may be passed at a county board meeting by
a simple | 17 | | majority of the elected county board members, unless written
| 18 | | protests against the proposed text amendment are signed by 5% | 19 | | of the land
owners of the county, in which case such amendment | 20 | | shall not be passed
except by the favorable vote of 3/4 of all | 21 | | the members of the county board.
Except as provided in | 22 | | subsection (c), map amendments may be passed at a
county board | 23 | | meeting by a simple majority of the elected county board
| 24 | | members, except that in case of written protest against any | 25 | | proposed map
amendment that is either: (A) signed by the owner | 26 | | or owners of at least 20%
of the land to be rezoned, or (B) |
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| 1 | | signed by the owner or owners of land
immediately touching, or | 2 | | immediately across a street, alley, or public
right-of-way | 3 | | from, at least 20% of the perimeter of the land to be rezoned,
| 4 | | or in cases where the land affected lies within 1 1/2 miles
of | 5 | | the limits of a zoned municipality, or in the case of a | 6 | | proposed text
amendment to the Zoning Ordinance, by resolution | 7 | | of the corporate
authorities of the zoned municipality with | 8 | | limits nearest adjacent,
filed with the county clerk, such | 9 | | amendment shall not be passed except
by the favorable vote of | 10 | | 3/4 of all the members of the county board, but
in counties in | 11 | | which the county board consists of 3 members only a 2/3
vote is | 12 | | required. In such cases, a copy of the written protest shall be
| 13 | | served by the protestor or protestors on the applicant for the | 14 | | proposed
amendment and a copy upon the applicant's attorney, if | 15 | | any, by certified
mail at the address of such applicant and | 16 | | attorney shown in the
application for the proposed amendment.
| 17 | | Notwithstanding any other provision of this Section, if a map | 18 | | amendment is
proposed solely to correct an error made by the | 19 | | county as a result of a
comprehensive rezoning by the county, | 20 | | the map amendments may be passed at a
county board meeting by a | 21 | | simple majority of the elected board.
| 22 | | Any notice required by this Section need
not include a | 23 | | metes and bounds legal description, provided that
the notice | 24 | | includes: (i) the common street address or addresses
and (ii) | 25 | | the property index number ("PIN") or numbers of all
the parcels | 26 | | of real property contained in the area for which
the variation |
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| 1 | | is requested. | 2 | | (c) If a township located within a county with a population | 3 | | of less
than 600,000 has a plan commission and the plan | 4 | | commission objects to a
text amendment or a map amendment | 5 | | affecting an unincorporated area of the
township, then the | 6 | | township board of trustees may submit its written
objections to | 7 | | the county board within 30 days after the hearing before the
| 8 | | board of appeals, in which case the county board may not adopt | 9 | | the text
amendment or the map amendment affecting an | 10 | | unincorporated area of the
township except by the favorable | 11 | | vote of at least three-fourths of all the
members of the county | 12 | | board.
| 13 | | (Source: P.A. 89-272, eff. 8-10-95.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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