Full Text of HB3473 97th General Assembly
HB3473 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3473 Introduced 2/24/2011, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/5-12014 | from Ch. 34, par. 5-12014 | 60 ILCS 1/110-60 | | 65 ILCS 5/11-13-14 | from Ch. 24, par. 11-13-14 |
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Amends the Counties Code, Township Code, and the Illinois Municipal Code. Provides that prior to any hearing concerning an amendment to a zoning ordinance, the zoning commission must serve written notice on the property owners of all property within 250 feet in each direction of the location for which the proposed ordinance will apply. Provides that the commission must also post the address of the property for site-specific proposals and notify individuals and interest groups with a known interest in a proposal.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 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 | 17 | | shall be made without a hearing
before the board of appeals. At | 18 | | least 15 days notice of the time and
place of such hearing | 19 | | shall be published in a newspaper of general
circulation | 20 | | published in such county. Prior to any hearing, the zoning | 21 | | commission must serve written notice, either in person or by | 22 | | registered mail, return receipt requested, on the owners, as | 23 | | recorded in the office of the recorder of deeds or the |
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| 1 | | registrar of titles of the county in which the property is | 2 | | located and as appears from the authentic tax records of that | 3 | | county, of all property within 250 feet in each direction of | 4 | | the location for which the proposed ordinance will apply. The | 5 | | commission must also post the address of the property for | 6 | | site-specific proposals and notify individuals and interest | 7 | | groups with a known interest in a proposal. Hearings on text | 8 | | amendments shall
be held in the court house of the county or | 9 | | other county building with more
adequate facilities for such | 10 | | hearings. Hearings on map amendments shall be
held in the | 11 | | township or road district affected by the terms of such
| 12 | | proposed amendment or in the court house, or other county | 13 | | building with
more adequate facilities for such hearings, of | 14 | | the county in which the
affected township or road district is | 15 | | located. Provided, that if the owner
of any property affected | 16 | | by such proposed map amendment so requests in
writing, such | 17 | | hearing shall be held in the township or road district
affected | 18 | | by the terms of such proposed amendment. Except as provided in
| 19 | | subsection (c), text amendments may be passed at a county board | 20 | | meeting by
a simple majority of the elected county board | 21 | | members, unless written
protests against the proposed text | 22 | | amendment are signed by 5% of the land
owners of the county, in | 23 | | which case such amendment shall not be passed
except by the | 24 | | favorable vote of 3/4 of all the members of the county board.
| 25 | | Except as provided in subsection (c), map amendments may be | 26 | | passed at a
county board meeting by a simple majority of the |
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| 1 | | elected county board
members, except that in case of written | 2 | | protest against any proposed map
amendment that is either: (A) | 3 | | signed by the owner or owners of at least 20%
of the land to be | 4 | | rezoned, or (B) signed by the owner or owners of land
| 5 | | immediately touching, or immediately across a street, alley, or | 6 | | public
right-of-way from, at least 20% of the perimeter of the | 7 | | land to be rezoned,
or in cases where the land affected lies | 8 | | within 1 1/2 miles
of the limits of a zoned municipality, or in | 9 | | the case of a proposed text
amendment to the Zoning Ordinance, | 10 | | by resolution of the corporate
authorities of the zoned | 11 | | municipality with limits nearest adjacent,
filed with the | 12 | | county clerk, such amendment shall not be passed except
by the | 13 | | favorable vote of 3/4 of all the members of the county board, | 14 | | but
in counties in which the county board consists of 3 members | 15 | | only a 2/3
vote is required. In such cases, a copy of the | 16 | | written protest shall be
served by the protestor or protestors | 17 | | on the applicant for the proposed
amendment and a copy upon the | 18 | | applicant's attorney, if any, by certified
mail at the address | 19 | | of such applicant and attorney shown in the
application for the | 20 | | proposed amendment.
Notwithstanding any other provision of | 21 | | this Section, if a map amendment is
proposed solely to correct | 22 | | an error made by the county as a result of a
comprehensive | 23 | | rezoning by the county, the map amendments may be passed at a
| 24 | | county board meeting by a simple majority of the elected board.
| 25 | | (c) If a township located within a county with a population | 26 | | of less
than 600,000 has a plan commission and the plan |
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| 1 | | commission objects to a
text amendment or a map amendment | 2 | | affecting an unincorporated area of the
township, then the | 3 | | township board of trustees may submit its written
objections to | 4 | | the county board within 30 days after the hearing before the
| 5 | | board of appeals, in which case the county board may not adopt | 6 | | the text
amendment or the map amendment affecting an | 7 | | unincorporated area of the
township except by the favorable | 8 | | vote of at least three-fourths of all the
members of the county | 9 | | board.
| 10 | | (Source: P.A. 89-272, eff. 8-10-95.)
| 11 | | Section 10. The Township Code is amended by changing | 12 | | Section 110-60 as follows:
| 13 | | (60 ILCS 1/110-60)
| 14 | | Sec. 110-60. Amendment of regulations; hearing. The | 15 | | regulations imposed and
the districts created under this | 16 | | Article may be amended from time to time by
the township board | 17 | | by ordinance or resolution after the ordinance or resolution
| 18 | | establishing the regulation has gone into effect, but no | 19 | | amendments shall be
made without a hearing before the board of | 20 | | appeals. At least 15 days notice of
the time and place of the | 21 | | hearing shall be published in an official paper or a
paper of | 22 | | general circulation in the township. Prior to any hearing, the | 23 | | zoning commission must serve written notice, either in person | 24 | | or by registered mail, return receipt requested, on the owners, |
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| 1 | | as recorded in the office of the recorder of deeds or the | 2 | | registrar of titles of the county in which the property is | 3 | | located and as appears from the authentic tax records of that | 4 | | county, of all property within 250 feet in each direction of | 5 | | the location for which the proposed ordinance will apply. The | 6 | | commission must also post the address of the property for | 7 | | site-specific proposals and notify individuals and interest | 8 | | groups with a known interest in a proposal. If there is a | 9 | | written protest
against any proposed amendment, signed and | 10 | | acknowledged (i) by the owners of
20% of the frontage proposed | 11 | | to be altered, (ii) by the owners of 20% of the
frontage | 12 | | immediately adjoining or across an alley from the frontage | 13 | | proposed to
be altered, or (iii) by the owners of 20% of the | 14 | | frontage directly opposite the
frontage proposed to be altered, | 15 | | the amendment shall not be passed except
by the favorable vote | 16 | | of three-fourths of all the members of the township
board.
| 17 | | (Source: P.A. 82-783; 88-62.)
| 18 | | Section 15. The Illinois Municipal Code is amended by | 19 | | changing Section 11-13-14 as follows:
| 20 | | (65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
| 21 | | Sec. 11-13-14.
The regulations imposed and the districts | 22 | | created under
the authority of this Division 13 may be amended | 23 | | from time to time by
ordinance after the ordinance establishing | 24 | | them has gone into effect, but
no such amendments shall be made |
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| 1 | | without a hearing before some commission
or committee | 2 | | designated by the corporate authorities. Notice shall be given
| 3 | | of the time and place of the hearing, not more than 30 nor less | 4 | | than 15
days before the hearing, by publishing a notice thereof | 5 | | at least once in
one or more newspapers published in the | 6 | | municipality, or, if no newspaper
is published therein, then in | 7 | | one or more newspapers with a general
circulation within the | 8 | | municipality. In municipalities with less than 500
population | 9 | | in which no newspaper is published, publication may be made
| 10 | | instead by posting a notice in 3 prominent places within | 11 | | municipality. Prior to any hearing, the zoning commission or | 12 | | committee must serve written notice, either in person or by | 13 | | registered mail, return receipt requested, on the owners, as | 14 | | recorded in the office of the recorder of deeds or the | 15 | | registrar of titles of the county in which the property is | 16 | | located and as appears from the authentic tax records of that | 17 | | county, of all property within 250 feet in each direction of | 18 | | the location for which the proposed ordinance will apply. The | 19 | | commission must also post the address of the property for | 20 | | site-specific proposals and notify individuals and interest | 21 | | groups with a known interest in a proposal. In
case of a | 22 | | written protest against any proposed amendment of the | 23 | | regulations
or districts, signed and acknowledged by the owners | 24 | | of 20% of the frontage
proposed to be altered, or by the owners | 25 | | of 20% of the frontage immediately
adjoining or across an alley | 26 | | therefrom, or by the owners of the 20% of the
frontage directly |
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| 1 | | opposite the frontage proposed to be altered, is filed
with the | 2 | | clerk of the municipality, the amendment shall not be passed
| 3 | | except by a favorable vote of two-thirds of the aldermen or | 4 | | trustees of the
municipality then holding office. In such | 5 | | cases, a copy of the written
protest shall be served by the | 6 | | protestor or protestors on the applicant for
the proposed | 7 | | amendments and a copy upon the applicant's attorney, if any,
by | 8 | | certified mail at the address of such applicant and attorney | 9 | | shown in
the application for the proposed amendment.
| 10 | | (Source: P.A. 81-705.)
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