(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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