Public Act 098-0205
 
HB1203 EnrolledLRB098 04041 OMW 34061 b

    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 Section
5-12014 as follows:
 
    (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. 89-272, eff. 8-10-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.