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Public Act 91-0334
HB2298 Enrolled LRB9102855MWgc
AN ACT to amend the Counties Code by changing Section
5-12009.5.
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 5-12009.5 as follows:
(55 ILCS 5/5-12009.5)
Sec. 5-12009.5. Special uses use authorization.
(a) The county board may, by an ordinance passed under
this Division, provide for the classification of special
uses. Those uses may include, but are not limited to, public
and quasi-public uses affecting the public interest; uses
that have a unique, special, or unusual impact upon the use
or enjoyment of neighboring property; and uses that affect
planned development. A use may be permitted in one or more
zoning districts and may be a special use in one or more
other zoning districts.
(b) A special use may be granted only after a public
hearing conducted by the board of appeals. There must be at
least 15 days' notice before the hearing. The notice must
include the time, place, and date of the hearing and must be
published in a newspaper published in the township or road
district where the property is located. If there is no
newspaper published in the township or road district where
the property is located, the notice must be published in a
newspaper of general circulation in the county. The notice
must also contain (i) the particular location of the property
for which the special use is requested by legal description
and by street address, or if there is no street address, by
locating the property with reference to any well-known
landmark, highway, road, thoroughfare, or intersection; (ii)
whether the petitioner or applicant is acting for himself or
herself or as an agent, alter ego, or representative of a
principal and the name and address of the principal; (iii)
whether the petitioner or applicant is a corporation, and if
so, the correct names and addresses of all officers and
directors of the corporation and of all stockholders or
shareholders owning any interest in excess of 20% of all of
the outstanding stock or shares of the corporation; (iv)
whether the petitioner or applicant, or his or her principal,
is a business or entity doing business under an assumed name,
and if so, the name and residence of all actual owners of the
business or entity; (v) whether the petitioner or applicant,
or his or her principal, is a partnership, joint venture,
syndicate, or an unincorporated voluntary association, and if
so, the names and addresses of all partners or members of the
partnership, joint venture, syndicate, or unincorporated
voluntary association; and (vi) a brief statement of the
proposed special use.
In addition to any other notice required by this Section,
the board of appeals must give at least 15 days' notice
before the hearing to (i) any municipality whose boundaries
are within 1-1/2 miles of any part of the property proposed
as a special use and (ii) the owner or owners of any land
adjacent to or immediately across any street, alley, or
public right-of-way from the property proposed as a special
use.
The petitioner or applicant must pay the cost of the
publication of the notice required by this Section.
(c) A special use may be granted only upon evidence that
the special use meets the standards established for that
classification in the ordinance. The special use may be
subject to conditions reasonably necessary to meet those
standards.
(d) The board of appeals shall report to the county
board a finding of fact and a recommendation as to whether
the county board should deny, grant, or grant subject to
conditions the special use. The county board may, by
ordinance and without a further public hearing, adopt any
proposed special use on receiving the report or it may refer
the proposal back to the board of appeals for further
consideration.
(e) The county board may, by ordinance, delegate to the
board of appeals the authority to grant special uses subject
to the restrictions and requirements of this Section. The
ordinance may delegate the authority to grant all special
uses or to grant only certain classes of special uses while
reserving to the county board the authority to grant other
classes of special uses. If the county board enacts an
ordinance delegating its authority, the board of appeals
must, after conducting the required public hearing, issue a
finding of fact and final decision in writing on the proposed
special use. The county board may provide for the
classification of special uses. "Special uses" may include
but are not limited to public and quasi-public uses affecting
the public interest, uses that may have unique, special, or
unusual impact upon the use or enjoyment of neighboring
property, and planned developments. A use may be a permitted
use in one or more zoning districts and a special use in one
or more other zoning districts.
A special use may be permitted only after a public
hearing before the county zoning commission with prior notice
given as provided in Section 5-12009 of this Division. A
special use shall be permitted only upon evidence that the
use meets standards established for the classifications in
the ordinances, and the granting of permission therefore may
be subject to conditions reasonably necessary to meet the
standards.
Those municipalities whose boundaries are within 1 1/2
miles of any part of the area proposed to be classified as a
special use shall be given notice of the hearing. 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 affected by the special use
shall have standing to object to the granting of a special
use permit. A majority vote of the county board is required
to grant a special use permit, unless the county board
provides by ordinance that a two-thirds vote is required.
(Source: P.A. 90-175, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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