State of Illinois
91st General Assembly

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HB2298 Enrolled                                LRB9102855MWgc

 1        AN ACT to amend the Counties  Code  by  changing  Section
 2    5-12009.5.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Counties  Code  is  amended  by  changing
 6    Section 5-12009.5 as follows:

 7        (55 ILCS 5/5-12009.5)
 8        Sec. 5-12009.5. Special uses use authorization.
 9        (a)  The  county  board may, by an ordinance passed under
10    this Division, provide  for  the  classification  of  special
11    uses.  Those uses may include, but are not limited to, public
12    and  quasi-public  uses  affecting  the public interest; uses
13    that have a unique, special, or unusual impact upon  the  use
14    or  enjoyment  of  neighboring property; and uses that affect
15    planned development.  A use may be permitted in one  or  more
16    zoning  districts  and  may  be  a special use in one or more
17    other zoning districts.
18        (b)  A special use may be granted  only  after  a  public
19    hearing  conducted by the board of appeals.  There must be at
20    least 15 days' notice before the hearing.   The  notice  must
21    include  the time, place, and date of the hearing and must be
22    published in a newspaper published in the  township  or  road
23    district  where  the  property  is  located.   If there is no
24    newspaper published in the township or  road  district  where
25    the  property  is  located, the notice must be published in a
26    newspaper of general circulation in the county.   The  notice
27    must also contain (i) the particular location of the property
28    for  which  the special use is requested by legal description
29    and by street address, or if there is no street  address,  by
30    locating  the  property  with  reference  to  any  well-known
31    landmark,  highway, road, thoroughfare, or intersection; (ii)
HB2298 Enrolled             -2-                LRB9102855MWgc
 1    whether the petitioner or applicant is acting for himself  or
 2    herself  or  as  an  agent, alter ego, or representative of a
 3    principal and the name and address of  the  principal;  (iii)
 4    whether  the petitioner or applicant is a corporation, and if
 5    so, the correct names  and  addresses  of  all  officers  and
 6    directors  of  the  corporation  and  of  all stockholders or
 7    shareholders owning any interest in excess of 20% of  all  of
 8    the  outstanding  stock  or  shares  of the corporation; (iv)
 9    whether the petitioner or applicant, or his or her principal,
10    is a business or entity doing business under an assumed name,
11    and if so, the name and residence of all actual owners of the
12    business or entity; (v) whether the petitioner or  applicant,
13    or  his  or  her  principal, is a partnership, joint venture,
14    syndicate, or an unincorporated voluntary association, and if
15    so, the names and addresses of all partners or members of the
16    partnership,  joint  venture,  syndicate,  or  unincorporated
17    voluntary association; and (vi)  a  brief  statement  of  the
18    proposed special use.
19        In addition to any other notice required by this Section,
20    the  board  of  appeals  must  give  at least 15 days' notice
21    before the hearing to (i) any municipality  whose  boundaries
22    are  within  1-1/2 miles of any part of the property proposed
23    as a special use and (ii) the owner or  owners  of  any  land
24    adjacent  to  or  immediately  across  any  street, alley, or
25    public right-of-way from the property proposed as  a  special
26    use.
27        The  petitioner  or  applicant  must  pay the cost of the
28    publication of the notice required by this Section.
29        (c)  A special use may be granted only upon evidence that
30    the special use meets  the  standards  established  for  that
31    classification  in  the  ordinance.   The  special use may be
32    subject to conditions  reasonably  necessary  to  meet  those
33    standards.
34        (d)  The  board  of  appeals  shall  report to the county
HB2298 Enrolled             -3-                LRB9102855MWgc
 1    board a finding of fact and a recommendation  as  to  whether
 2    the  county  board  should  deny,  grant, or grant subject to
 3    conditions  the  special  use.   The  county  board  may,  by
 4    ordinance and without a further  public  hearing,  adopt  any
 5    proposed  special use on receiving the report or it may refer
 6    the proposal  back  to  the  board  of  appeals  for  further
 7    consideration.
 8        (e)  The  county board may, by ordinance, delegate to the
 9    board of appeals the authority to grant special uses  subject
10    to  the  restrictions  and requirements of this Section.  The
11    ordinance may delegate the authority  to  grant  all  special
12    uses  or  to grant only certain classes of special uses while
13    reserving to the county board the authority  to  grant  other
14    classes  of  special  uses.   If  the  county board enacts an
15    ordinance delegating its  authority,  the  board  of  appeals
16    must,  after  conducting the required public hearing, issue a
17    finding of fact and final decision in writing on the proposed
18    special  use.  The  county  board   may   provide   for   the
19    classification  of  special  uses. "Special uses" may include
20    but are not limited to public and quasi-public uses affecting
21    the public interest, uses that may have unique,  special,  or
22    unusual  impact  upon  the  use  or  enjoyment of neighboring
23    property, and planned developments. A use may be a  permitted
24    use  in one or more zoning districts and a special use in one
25    or more other zoning districts.
26        A special use  may  be  permitted  only  after  a  public
27    hearing before the county zoning commission with prior notice
28    given  as  provided  in  Section  5-12009 of this Division. A
29    special use shall be permitted only upon  evidence  that  the
30    use  meets  standards  established for the classifications in
31    the ordinances, and the granting of permission therefore  may
32    be  subject  to  conditions  reasonably necessary to meet the
33    standards.
34        Those municipalities whose boundaries are  within  1  1/2
HB2298 Enrolled             -4-                LRB9102855MWgc
 1    miles  of any part of the area proposed to be classified as a
 2    special use shall be given notice of the hearing.  The  owner
 3    or owners of land immediately touching, or immediately across
 4    a street, alley, or public right-of-way from, at least 20% of
 5    the  perimeter  of the land to be affected by the special use
 6    shall have standing to object to the granting  of  a  special
 7    use  permit.  A majority vote of the county board is required
 8    to grant a  special  use  permit,  unless  the  county  board
 9    provides by ordinance that a two-thirds vote is required.
10    (Source: P.A. 90-175, eff. 1-1-98.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.

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