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Full Text of SB2466  101st General Assembly

SB2466 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2466

 

Introduced 1/15/2020, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12009.5

    Amends the Counties Code. Provides that a county board may revoke a special use previously authorized for any of the following reasons: (1) disorderly or immoral practices occur on the property for which the special use was granted; (2) circumstances happen or become known to the county board or board of appeals, which, had they happened or been known at the time when the special use was approved, would have legally justified the county board or board of appeals in refusing the special use; or (3) the beneficiaries of the special use violate any of the rules and regulations issued by the county board or board of appeals, other than those necessarily violated by authorizing the special use. Effective immediately.


LRB101 16155 AWJ 65523 b

 

 

A BILL FOR

 

SB2466LRB101 16155 AWJ 65523 b

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

 

 

SB2466- 2 -LRB101 16155 AWJ 65523 b

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

 

 

SB2466- 3 -LRB101 16155 AWJ 65523 b

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    The petitioner or applicant must pay the cost of the
7publication of the notice required by this Section.
8    (c) A special use may be granted only upon evidence that
9the special use meets the standards established for that
10classification in the ordinance. The special use may be subject
11to conditions reasonably necessary to meet those standards.
12    (d) The board of appeals shall report to the county board a
13finding of fact and a recommendation as to whether the county
14board should deny, grant, or grant subject to conditions the
15special use. The county board may, by ordinance and without a
16further public hearing, adopt any proposed special use on
17receiving the report or it may refer the proposal back to the
18board of appeals for further consideration.
19    (e) The county board may, by ordinance, delegate to the
20board of appeals the authority to grant special uses subject to
21the restrictions and requirements of this Section. The
22ordinance may delegate the authority to grant all special uses
23or to grant only certain classes of special uses while
24reserving to the county board the authority to grant other
25classes of special uses. If the county board enacts an
26ordinance delegating its authority, the board of appeals must,

 

 

SB2466- 4 -LRB101 16155 AWJ 65523 b

1after conducting the required public hearing, issue a finding
2of fact and final decision in writing on the proposed special
3use.
4    (f) The county board may revoke a special use previously
5authorized for any of the following reasons:
6        (1) Disorderly or immoral practices occur on the
7    property for which the special use was granted.
8        (2) Circumstances happen or become known to the county
9    board or board of appeals, which, had they happened or been
10    known at the time when the special use was approved, would
11    have legally justified the county board or board of appeals
12    in refusing the special use.
13        (3) The beneficiaries of the special use violate any of
14    the rules and regulations issued by the county board or
15    board of appeals, other than those necessarily violated by
16    authorizing the special use.
17(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.