(65 ILCS 5/11-13-6) (from Ch. 24, par. 11-13-6)
Sec. 11-13-6.
No variation shall be made by the board of appeals in
municipalities of 500,000 or more population or by ordinance in
municipalities of lesser population except in a specific case and after a
public hearing before the board of appeals of which there shall be a notice
of the time and place of the hearing published at least once, not more than
30 nor less than 15 days before the hearing, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality
which is published in the county where the municipality is located.
This notice shall contain
the particular location for which the variation is requested as well as a
brief statement of what the proposed variation consists. Any notice required by this Section need not include a metes and bounds legal description of the location for which the variation is requested, 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.
(Source: P.A. 97-336, eff. 8-12-11.)
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(65 ILCS 5/11-13-7) (from Ch. 24, par. 11-13-7)
Sec. 11-13-7.
In addition to the notice requirements otherwise provided for
in this Division 13, in municipalities of 500,000 or more population, an
applicant for variation or special use shall, not more than 30 days before
filing an application for variation or special use with the board of
appeals, serve written notice, either in person or by registered mail,
return receipt requested, on the owners, as recorded in the office of the
recorder of deeds or the registrar of titles of the county in which the
property is located and as appears from the authentic tax records of such
county, of all property within 250 feet in each direction of the location
for which the variation or special use is requested; provided, the number
of feet occupied by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement. The notice herein
required shall contain the address of the location for which the variation
or special use is requested, a brief statement of the nature of the
requested variation or special use, the name and address of the legal and
beneficial owner of the property for which the variation or special use is
requested, a statement that the applicant intends to file an application
for variation or special use and the approximate date on which the
application will be filed. If, after a bona fide effort to determine such
address by the applicant for variation or special use, the owner of the
property on which the notice is served cannot be found at his or her last known
address, or the mailed notice is returned because the owner cannot be found
at the last known address, the notice requirements of this sub-section
shall be deemed satisfied. In addition to serving the notice herein
required, at the time of filing application for variation or special use,
the applicant shall furnish to the board of appeals a complete list
containing the names and last known addresses of the owners of the property
required to be served, the method of service and the names and last known
addresses of the owners of the service and the names and addresses of the
persons so served. The applicant shall also furnish a written statement
certifying that he or she has complied with the requirements of this subsection.
The board of appeals shall hear no application for variation or special use
unless the applicant for variation or special use furnishes the list and
certificate herein required. The board of appeals shall, not more than 30
days nor less than 15 days before the hearing at which the application for
variation or special use is to be considered, send written notice to the
persons appearing on the list furnished by the applicant, which notice
shall contain the time and place of the hearing, the address of the
location for which the variation or special use is requested and the name
and address of the applicant for variation or special use and a brief
statement of the nature of the variation or special use requested. Any notice required herein need not include a metes and bounds legal description of the property for which the variation or special use is requested, 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 or special use is requested.
Any property owner within the above stated 250 feet notice
requirement, who
entered his or her appearance and objected at the board of appeals hearing, and
who shows that his or her property will be substantially affected by the outcome
of the decision of the board may, without proof of any specific, special,
or unique damages to himself or herself or his or her property or
any adverse effect upon his
property from the proposed variation or special use, seek judicial relief
from any order or
decision of the board of appeals under the Administrative
Review Law, and all amendments and modifications
thereof, and the rules adopted pursuant thereto.
If the board of appeals
determines that the property of any such owner will not be substantially
affected by the outcome of the decision of the board, such owner may
initiate or join in judicial review under the Administrative
Review Law, as provided
in this Section.
(Source: P.A. 97-336, eff. 8-12-11.)
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(65 ILCS 5/11-13-7a) (from Ch. 24, par. 11-13-7a)
Sec. 11-13-7a.
Zoning variation and special use applicants and property owners, as set
forth in Section 11-13-7 of this Act, shall have the following rights, in
addition to any others they may possess in law, at any hearing before a
board of appeals:
(a) to have subpoenas issued for persons to appear at board of appeals'
hearings and for examination of documents by the person requesting the
subpoena either before or at board of appeals hearings subject to the
limitations in this Section. The board of appeals shall issue subpoenas as
requested by zoning variation and special use applicants and by property
owners within the terms of Section 11-13-7. Subpoenas shall only be
enforceable against persons or for documents which have a substantial
evidentiary connection with (i) the property for which a zoning variation
or special use is requested, (ii) facts which would support or negate the
requisite legal standards for granting a zoning variation or special use,
and (iii) facts which support or negate the conclusion that property within
the 250 feet notice requirement of Section 11-13-7 will be substantially
affected by the outcome of the decision of the board. All matters relating
to subpoenas concerning a particular zoning variation or special use case,
including all enforcement and motions to quash, shall be heard in a single
action, however, the court obtaining jurisdiction over any such matter may
retain jurisdiction until the disposition of the case by the board of
appeals. Service of such subpoenas shall be made in the same manner as
summons in a civil action.
(b) To cross examine all witnesses testifying.
(c) To present witnesses on their behalf.
Property owners within the terms of Section 11-13-7 who object to the
zoning application or special use application may, upon request, be granted
1 continuance for the purpose of presenting evidence to rebut testimony
given by the applicant. The date of such continued hearing shall be in the
discretion of the board of appeals.
This amendatory act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-1363.)
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(65 ILCS 5/11-13-8) (from Ch. 24, par. 11-13-8)
Sec. 11-13-8.
In municipalities of 500,000 or more population, when any
zoning ordinance, rule or regulation is sought to be declared invalid by
means of a declaratory judgment proceeding, not more than 30 days before
filing suit for a declaratory judgment the person filing such suit shall
serve written notice in the form and manner and to all property owners as
is required of applicants for variation in Section 11-13-7, and shall
furnish to the clerk of the court in which the declaratory judgment suit is
filed, and at the time of filing such suit, the list of property owners,
the written certificate and such other information as is required in
Section 11-13-7 to be furnished to the board of appeals by an applicant for
variation. A property owner entitled to notice who shows that his property
will be substantially affected by the outcome of the declaratory judgment
proceeding may enter his appearance in the proceeding, and if he does so he
shall have the rights of a party. The property owner shall not, however,
need to prove any specific, special, or unique damages to himself or his
property or any adverse effect upon his property from the declaratory
judgment proceeding.
(Source: P.A. 76-583.)
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(65 ILCS 5/11-13-9) (from Ch. 24, par. 11-13-9)
Sec. 11-13-9.
The provisions of an amendatory Act of 1955, which was
approved June 30, 1955 and which was Senate Bill No. 328 of the Sixty-Ninth
General Assembly and which amended certain provisions now contained in
Section 11-13-4 through 11-13-8, shall not affect the validity of any
variations approved by the corporate authorities or by the board of appeals
and in force prior to July 1, 1955.
(Source: Laws 1961, p. 576.)
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