55 ILCS 5/5-12009
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (from Ch. 34, par. 5-12009)Sec. 5-12009.     Variation by board of appeals.     The regulations by this  Division authorized may provide that a  board of appeals may determine and vary their application in harmony  with their general purpose and intent and in accordance with general or  specific rules therein contained in cases where there are practical  difficulties or particular hardship in the way of carrying out the  strict letter of any of such regulations relating to the use,  construction or alteration of buildings or structures or the use of  land; or the regulations by this Division authorized may provide that the  county board may, by ordinance or resolution determine and vary their  application in harmony with their general purpose and intent and in  accordance with general or specific rules therein contained in cases  where there are practical difficulties or particular hardship in the way  of carrying out the strict letter of any such regulations relating to  the use, construction or alteration of buildings or structures or the  use of land; however, no such variation shall be made by such county  board without a hearing before the board of appeals  unless the variation sought is a variation of ten percent or less of  the regulations by this Division authorized as to location of structures or as  to bulk requirements under such regulations, in which case no  public hearing is required and such variation may be granted by the  administrative official charged with the enforcement of any ordinance or  resolution adopted pursuant to this Division.  Provided, however, that before  such variation may be granted, a notice of the intent to grant such variation  shall be sent by certified mail to all adjoining landowners.  If any adjoining  landowner files a written objection with the administrative official within  15 days of receipt of such notice, the variation shall only be considered  by the board of appeals in the manner provided in this Section.  All other  variations sought shall be made only by ordinance, resolution or otherwise  in a specific case and after a public hearing before a board of appeals of  which there shall be at least 15 days notice of the date, time and place of  such hearing published in a newspaper of general circulation published in  the township or road district in which such property is located. If no  newspaper is published in such township or road district, then such notice  shall be published in a newspaper of general circulation published in the  county and having circulation where such property is located. The notice  shall contain: (1) the particular location of the real estate for which the  variation is requested by legal description and street address, and if no  street address then by locating such real estate with reference to any  well-known landmark, highway, road, thoroughfare or intersection; (2)  whether or not the petitioner or applicant is acting for himself or in the  capacity of agent, alter ego, or representative of a principal, and stating  the name and address of the actual and true principal; (3) whether  petitioner or applicant is a corporation, and if a corporation, the correct  names and addresses of all officers and directors, and of all stockholders  or shareholders owning any interest in excess of 20% of all outstanding  stock of such corporation; (4) whether the petitioner or applicant, or his  principal if other than applicant, is a business or entity doing business  under an assumed name, and if so, the name and residence of all true and  actual owners of such business or entity; (5) whether the petitioner or  applicant is a partnership, joint venture, syndicate or an unincorporated  voluntary association, and if so, the names and addresses of all partners,  joint venturers, syndicate members or members of the unincorporated  voluntary association; and (6) a brief statement of what the proposed  variation consists.The costs or charges of the publication notice by this Section  required shall be paid by the petitioner or applicant.Where a variation is to be made by ordinance or resolution, upon the  report of the board of appeals such county board may by ordinance or  resolution without further public hearing adopt any proposed variation  or may refer it back to the board of appeals for further consideration  and any proposed variation which fails to receive the approval of the  board of appeals 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.  Every such  variation, whether made by the board of appeals directly or by ordinance  or resolution after a hearing before a board of appeals shall be  accompanied by a finding of fact specifying the reason for making such  variation.If a township located within a county with a population of less than 600,000  or more than 3,000,000 has a plan commission, and the plan  commission objects to a zoning  variation which affects unincorporated areas of the township, the township  board of trustees within 15 days after the public hearing before the board  of appeals on such zoning variation, may submit its written objections to  the county board of the county where the unincorporated areas of the  township are located.  In such case, the county board shall not approve the  zoning variation, except by the favorable vote of 3/4 of all members of the  county board.Appeals from final zoning decisions of the County Board must be filed  within one year unless a shorter filing period is required by another law.    (Source: P.A. 91-738, eff. 1-1-01.)