2023 Illinois Compiled Statutes › Chapter 60 - TOWNSHIPS › 60 ILCS 1/ - Township Code. › Article 110 - Township Zoning

(60 ILCS 1/Art. 110 heading)
ARTICLE 110.  
		TOWNSHIP
ZONING
(60 ILCS 1/110-5)
Sec. 110-5. 
		Application of Article.
(a) This Article applies only in those townships in which the electors of
the township, at an annual or special township meeting, authorize the township
board to exercise the powers conferred by this Article.
(b) This Article does not apply in any county in which a county zoning
ordinance or resolution is in effect. A county zoning ordinance or resolution
adopted after the adoption of a township zoning ordinance or resolution under
this Article supersedes the township zoning ordinance or resolution.
(c) Regulations adopted under this Article do not apply to any area that is
governed by a municipal zoning ordinance.
(d) This Article does not apply to the facilities of a telecommunications
carrier defined in Section 5-12001.1 of the Counties Code.
(Source: P.A. 90-522, eff. 1-1-98.)
(60 ILCS 1/110-10)
Sec. 110-10. 
		Township board powers.
(a) For the purpose of promoting the public health, safety, morals, comfort,
and general welfare, conserving the values of property throughout the township,
and lessening or avoiding the hazards to persons and damage to property
resulting from the accumulation or runoff of storm or flood waters, the
township board may do any of the following:
(1) Regulate and restrict the location and use of     buildings, structures, and land for trade, industry, residence, and other uses that may be specified by the board.
(2) Regulate and restrict the intensity of those uses.
(3) Establish building or setback lines on or along     any street, trafficway, drive, parkway, or storm or floodwater runoff channel or basin outside the area that is subject to a municipal zoning ordinance.
(4) Divide the township into districts (i) of a     number, shape, and area and (ii) of different classes according to the use of land and buildings, the intensity of that use (including height of buildings and structures and surrounding open space), and any other classification, all as deemed best suited to carry out the purposes of this Article.
(5) Prohibit uses, buildings, or structures     incompatible with the character of those districts respectively.
(6) Prevent additions to and alteration or remodeling     of existing buildings or structures in a way to avoid the restrictions and limitations lawfully imposed under this Article.
(7) Submit written objections to the county board     concerning a proposed county zoning ordinance, resolution, or variation as provided in Sections 5-12007 and 5-12009 of the Counties Code.
(b) In all ordinances or resolutions passed under this Article, due
allowance shall be made for existing conditions, the conservation of property
values, the directions of building development to the best advantage of the
entire county, and the uses to which property is devoted at the time of the
enactment of the ordinance or resolution.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-12)
Sec. 110-12. Waiver of building, inspection, and construction fees.
(a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism.
(b) Notwithstanding any other provision of law, a board of trustees of a township may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the board of trustees of the township.
(Source: P.A. 102-24, eff. 6-25-21.)
(60 ILCS 1/110-15)
Sec. 110-15. 
		Exercise of powers.
(a) The powers given by this Article shall not be exercised to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted.
(b) The powers given by this Article shall not be exercised to impose
regulations or require permits with respect to land used or to be used for
agricultural purposes or with respect to the erection, maintenance, repair,
alteration, remodeling, or extension of buildings or structures used or to be
used for agricultural purposes upon that land, except that buildings or
structures for agricultural purposes may be required to conform to building or
set back lines. "Agricultural purposes" include, without
limitation, the growing, developing, processing, conditioning, or selling
of hybrid seed corn, seed beans, seed oats, or other farm seeds.
(c) The powers given by this Article do not include the right to
specify or regulate the type or location of any poles, towers, wires,
cables, conduit, vaults, laterals, pipes, mains, valves, or any other
similar distributing equipment of a public utility as defined in the Public
Utilities Act.
(Source: P.A. 86-188; 88-62.)
(60 ILCS 1/110-20)
Sec. 110-20. 
		Zoning commission; appointment. 
		The township board, when
authorized by the electors at an annual or special township meeting to exercise
the powers conferred by this Article, shall appoint a zoning commission of 5
members.  The commission shall recommend the boundaries of districts and
appropriate regulations to be enforced in those districts.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-25)
Sec. 110-25. 
		
		Proposed zoning ordinance or resolution; hearing;
cessation of commission.
(a) The zoning commission shall prepare a tentative report and a
proposed zoning ordinance or resolution for the entire township outside the
area regulated by any municipal zoning ordinance.
(b) After preparing the tentative report and ordinance or resolution, the
commission shall hold a hearing on the report and proposal and shall afford
persons interested an opportunity to be heard. Notice of the hearing shall be
published at least 15 days before the hearing in a newspaper of general
circulation in the township and shall also be posted at least 15 days before
the hearing in 4 conspicuous places within the township. The notice shall state
the time and place of the hearing and the place where copies of the proposed
ordinance or resolution will be accessible for examination by interested
parties. The hearing may be adjourned from time to time.
(c) Within 30 days after the final adjournment of the hearing, the
commission shall make a final report and submit a proposed ordinance or
resolution to the township board. The township board may adopt the ordinance or
resolution with or without change or may refer it back to the commission for
further consideration.
(d) The zoning commission shall cease to exist upon the adoption of a zoning
ordinance or resolution for the township.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-30)
Sec. 110-30. 
		Enforcement of ordinance or resolution. 
		All ordinances or
resolutions adopted under this Article shall be enforced by an officer of the
township designated by ordinance or resolution. The ordinance or resolution may
require that for any class or classes of districts created by it, applications
be made for permits to erect buildings or structures or to alter or remodel
existing buildings or structures.  The ordinance or resolution may vest in the
officer designated to enforce it the power to make orders, requirements,
decisions, and determinations with respect to the enforcement of the terms of
the ordinance or resolution.
(Source: Laws 1967, p. 3481; P.A. 88-62.)
(60 ILCS 1/110-35)
Sec. 110-35. 
		Variations.
(a) The regulations authorized by this Article 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 contained in the regulations in cases where there are practical
difficulties or there is particular hardship in carrying out the strict letter
of regulations relating to the use, construction, or alteration of buildings or
structures or the use of land. Alternatively, the regulations may provide that
the township 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 contained in the regulations in cases where
there are practical difficulties or there is particular hardship in carrying
out the strict letter of regulations relating to the use, construction, or
alteration of buildings or structures or the use of land.
(b) No variation shall be made by the township board without a hearing
before the board of appeals. No variation shall be made by ordinance,
resolution, or otherwise except in a specific case and after a public hearing
before a board of appeals. There shall be at least 15 days notice of the time
and place of the hearing, published in a newspaper of general circulation in
the township.  The notice shall contain the particular location for which the
variation is requested as well as a brief statement of the proposed variation.
(c) Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals, the township board may by ordinance or
resolution and without further public hearing adopt any proposed variation or
may refer it back to the board of appeals for further consideration. Any
proposed variation that fails to receive the approval of the board of appeals
shall not be passed except by the favorable vote of three-fourths of all the
members of the township board. Every 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 the variation.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-40)
Sec. 110-40. 
		Board of appeals; membership; meetings.
(a) The township board shall provide for the appointment of a board of
appeals of 5 members to serve respectively for the following terms: One for one
year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years.
The successor to each member shall serve for a term of 5 years.
(b) One of the members shall be named chairman at the time of his or her
appointment.  If there is a vacancy, the appointing power shall designate a
chairman.
(c) The appointing authority may remove any member of the board for cause
after a public hearing. Vacancies shall be filled by the appointing authority
for the unexpired term of any member whose place has become vacant.
(d) All meetings of the board of appeals shall be held at the call of the
chairman and at times and places within the county determined by the board. The
chairman (or in his absence the acting chairman) may administer oaths and
compel the attendance of witnesses. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings showing the vote of
each member upon every question (or, if a member is absent or fails to vote,
indicating that fact) and shall also keep records of its examinations and other
official actions. Every rule, regulation, every amendment or repeal of a rule
or regulation, and every order, requirement, decision, or determination of the
board shall immediately be filed with the township clerk and shall be a public
record.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-45)
Sec. 110-45. 
		Appeals; stay of proceedings.
(a) The board of appeals shall hear and decide appeals from and review any
order, requirement, decision, or determination made by an administrative
official charged with the enforcement of any ordinance or resolution adopted
under this Article. The board of appeals shall also hear and decide all matters
referred to it or upon which it is required to pass under any ordinance or
resolution or under the terms of this Article.
(b) The concurring vote of 4 members of the board is necessary (i) to
reverse any order, requirement, decision, or determination of an administrative
official, (ii) to decide in favor of the applicant any matter upon which it is
required to pass under an ordinance or resolution, (iii) to effect any
variation in an ordinance or resolution, or (iv) to recommend any variation or
modification in an ordinance or resolution or (iv) to the township board.
(c) An appeal may be taken by any person aggrieved or by any officer,
department, board, or bureau of the county. An appeal shall be taken within the
time prescribed by the board of appeals by general rule by filing with the
officer from whom the appeal is taken and with the board of appeals a notice of
appeal specifying the grounds of the appeal. The officer from whom the appeal
is taken shall promptly transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
(d) An appeal stays all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to the board of
appeals, after the notice of appeal has been filed with him or her, that, due
to facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property.  If the officer makes a certification under
this subsection, proceedings shall not be stayed otherwise than by a
restraining order granted by the board of appeals or by the circuit court on
application, on notice to the officer from whom the appeal is taken, and on due
cause shown.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-50)
Sec. 110-50. 
		Hearing and decision on appeal; judicial review.
(a) The board of appeals shall fix a reasonable time for the hearing
of the appeal and give due notice of the time to the parties.  The board shall
decide the hearing within a reasonable time. At the hearing, any party may
appear in person or by agent or attorney. The board of appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be done, and to that end the board has
all the powers of the officer from whom the appeal is taken.
(b) All final administrative decisions of the board of appeals are subject
to judicial review under the Administrative Review Law and the rules adopted
under that Law. "Administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-50.1)
Sec. 110-50.1. Actions subject to de novo review; due process.
(a) Any decision by the township board of any township in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning  ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes.  Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.
(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
(60 ILCS 1/110-55)
Sec. 110-55. 
		Compensation of board of appeals members. 
		The members of the
board of appeals shall receive
compensation fixed by the township board
and approved by
the electors at an annual or special township meeting.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-60)
Sec. 110-60. 
		Amendment of regulations; hearing. 
		The regulations imposed and
the districts created under this Article may be amended from time to time by
the township board by ordinance or resolution after the ordinance or resolution
establishing the regulation has gone into effect, but no amendments shall be
made without a hearing before the board of appeals. At least 15 days notice of
the time and place of the hearing shall be published in an official paper or a
paper of general circulation in the township. If there is a written protest
against any proposed amendment, signed and acknowledged (i) by the owners of
20% of the frontage proposed to be altered, (ii) by the owners of 20% of the
frontage immediately adjoining or across an alley from the frontage proposed to
be altered, or (iii) by the owners of 20% of the frontage directly opposite the
frontage proposed to be altered, the amendment shall not be passed except
by the favorable vote of three-fourths of all the members of the township
board.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/110-65)
Sec. 110-65. Violations; remedies; misdemeanor.
(a) If any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained (or any building, structure, or
land is used) in violation of this Article or of any ordinance, resolution, or
other regulation made under this Article, the proper authorities of the
township, or any person the value or use of whose property is or may be
affected by the violation, in addition to other remedies, may institute any
appropriate action or proceedings (i) to prevent the unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance, or
use, (ii) to restrain, correct, or abate the violation, (iii) to prevent the
occupancy of the building, structure, or land, or (iv) to prevent any illegal
act, conduct, business, or use in or about the premises.
(b) The violation of the terms of any ordinance adopted under this Article
shall be deemed a Class B misdemeanor.
(c) Except in relation to township-owned property, this Section does not authorize any suit against a township or its officials for any act relating to the administration, enforcement, or implementation of this Article or any ordinance, resolution, or other regulation adopted pursuant to this Article.
(Source: P.A. 100-595, eff. 6-29-18.)
(60 ILCS 1/110-70)
Sec. 110-70. School district.
(a) In any hearing before a zoning
commission or board of appeals, any school district within which the property
in issue, or any part of that property, is located may appear and present
evidence.
(b) In exercising the powers under this Article with respect to public school districts, a township shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties.  This subsection (b) is declarative of existing law and does not change the substantive operation of this Article.
(c) In processing zoning applications from public school districts, a township shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the township for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the township, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the township.
(Source: P.A. 99-890, eff. 8-25-16.)
(60 ILCS 1/110-75)
Sec. 110-75. 
		Cooperation with other governmental units. 
		In the exercise of
powers conferred by this Article, the township board may cooperate with the
county, with other townships, and with municipal or State authorities and may
appoint any committee or committees it thinks proper to effect that
cooperation.
(Source: P.A. 82-783; 88-62.)