98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1198

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12009.5

    Amends the Counties Code. Provides that a special use may be passed at a county board meeting by a simple majority of the elected county board members, unless requirements for a written protest against the proposed special use are met. Further provides that in those cases, a vote of three-fourths of all the members of the county board is required. Sets forth requirements concerning the written protest. Effective immediately.


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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,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12009.5 as follows:
 
6    (55 ILCS 5/5-12009.5)
7    Sec. 5-12009.5. Special uses.
8    (a) The county board may, by an ordinance passed under this
9Division, provide for the classification of special uses. Those
10uses may include, but are not limited to, public and
11quasi-public uses affecting the public interest; uses that have
12a unique, special, or unusual impact upon the use or enjoyment
13of neighboring property; and uses that affect planned
14development. A use may be permitted in one or more zoning
15districts and may be a special use in one or more other zoning
16districts.
17    (b) A special use may be granted only after a public
18hearing conducted by the board of appeals. There must be at
19least 15 days' notice before the hearing. The notice must
20include the time, place, and date of the hearing and must be
21published in a newspaper published in the township or road
22district where the property is located. If there is no
23newspaper published in the township or road district where the

 

 

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1property is located, the notice must be published in a
2newspaper of general circulation in the county. The notice must
3also contain (i) the particular location of the property for
4which the special use is requested by legal description and by
5street address, or if there is no street address, by locating
6the property with reference to any well-known landmark,
7highway, road, thoroughfare, or intersection; (ii) whether the
8petitioner or applicant is acting for himself or herself or as
9an agent, alter ego, or representative of a principal and the
10name and address of the principal; (iii) whether the petitioner
11or applicant is a corporation, and if so, the correct names and
12addresses of all officers and directors of the corporation and
13of all stockholders or shareholders owning any interest in
14excess of 20% of all of the outstanding stock or shares of the
15corporation; (iv) whether the petitioner or applicant, or his
16or her principal, is a business or entity doing business under
17an assumed name, and if so, the name and residence of all
18actual owners of the business or entity; (v) whether the
19petitioner or applicant, or his or her principal, is a
20partnership, joint venture, syndicate, or an unincorporated
21voluntary association, and if so, the names and addresses of
22all partners or members of the partnership, joint venture,
23syndicate, or unincorporated voluntary association; and (vi) a
24brief statement of the proposed special use.
25    In addition to any other notice required by this Section,
26the board of appeals must give at least 15 days' notice before

 

 

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1the hearing to (i) any municipality whose boundaries are within
21-1/2 miles of any part of the property proposed as a special
3use and (ii) the owner or owners of any land adjacent to or
4immediately across any street, alley, or public right-of-way
5from the property proposed as a special use.
6    A special use may be passed at a county board meeting by a
7simple majority of the elected county board members, except
8that in case of a written protest against any proposed special
9use that is either: (A) signed by the owner or owners of at
10least 20% of the land to be rezoned, or (B) signed by the owner
11or owners of land immediately touching, or immediately across a
12street, alley, or public right-of-way from at least 20% of the
13perimeter of the land to be rezoned, or in cases where the land
14affected lies within 1.5 miles of the limits of a zoned
15municipality, by resolution of the corporate authorities of the
16zoned municipality with limits nearest adjacent, filed with the
17county clerk, such special use shall not be passed except by
18the favorable vote of three-fourths of all the members of the
19county board, but in counties in which the county board
20consists of 3 members, only a two-thirds vote is required. In
21such cases, a copy of the written protest shall be served by
22the protestor or protestors on the applicant for the proposed
23amendment and a copy on the applicant's attorney, if any, by
24certified mail at the address of such applicant and attorney
25shown in the application for the proposed amendment.
26    The petitioner or applicant must pay the cost of the

 

 

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1publication of the notice required by this Section.
2    (c) A special use may be granted only upon evidence that
3the special use meets the standards established for that
4classification in the ordinance. The special use may be subject
5to conditions reasonably necessary to meet those standards.
6    (d) The board of appeals shall report to the county board a
7finding of fact and a recommendation as to whether the county
8board should deny, grant, or grant subject to conditions the
9special use. The county board may, by ordinance and without a
10further public hearing, adopt any proposed special use on
11receiving the report or it may refer the proposal back to the
12board of appeals for further consideration.
13    (e) Except in the case of a written protest, the The county
14board may, by ordinance, delegate to the board of appeals the
15authority to grant special uses subject to the restrictions and
16requirements of this Section. The ordinance may delegate the
17authority to grant all special uses or to grant only certain
18classes of special uses while reserving to the county board the
19authority to grant other classes of special uses. If the county
20board enacts an ordinance delegating its authority, the board
21of appeals must, after conducting the required public hearing,
22issue a finding of fact and final decision in writing on the
23proposed special use. In the case of a written protest, the
24county board may not delegate authority to grant the special
25use to the board of appeals.
26(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.