Illinois General Assembly - Full Text of SB1738
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Full Text of SB1738  102nd General Assembly

SB1738 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1738

 

Introduced 2/26/2021, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12007  from Ch. 34, par. 5-12007

    Amends the Counties Code. Removes language that provides that: if a township located within a county with a population of less than 600,000 has a plan commission and the plan commission objects to the proposed zoning of property in the unincorporated areas of the township, the township board of trustees may submit its written objections to the county board within 30 days after the submission of a proposed zoning ordinance or resolution by the County Zoning Commission to the county board; and, in such case, the county board shall not adopt zoning provisions which affect the unincorporated areas of the township, except by the favorable vote of 3/4 of all the members of the county board.


LRB102 17036 AWJ 22463 b

 

 

A BILL FOR

 

SB1738LRB102 17036 AWJ 22463 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
5Section 5-12007 as follows:
 
6    (55 ILCS 5/5-12007)  (from Ch. 34, par. 5-12007)
7    Sec. 5-12007. Zoning commission; proposed ordinance. The
8county board in counties which desire to exercise the powers
9conferred by this Division shall provide for a zoning
10commission of not less than 3 nor more than 9 members whose
11duty it shall be to recommend the boundaries of districts and
12appropriate regulations to be enforced therein, such
13commission to be appointed by the chairman or president of the
14county board, subject to confirmation by the county board. The
15members of the zoning commission shall be compensated on a per
16diem basis with a mileage allowance for travel, the amounts to
17be determined by the county board. Such commission shall
18prepare a tentative report and a proposed zoning ordinance or
19resolution for the entire county outside the limits of cities,
20villages and incorporated towns which have in effect municipal
21zoning ordinances. After the preparation of such tentative
22report and ordinance or resolution, the commission shall hold
23hearings thereon and shall afford persons interested an

 

 

SB1738- 2 -LRB102 17036 AWJ 22463 b

1opportunity to be heard. A hearing shall be held in each
2township or road district affected by the terms of such
3proposed ordinance or resolution. Notice of each hearing shall
4be published at least 15 days in advance thereof in a newspaper
5of general circulation published in the township or road
6district in which such property is located. If no newspaper is
7published in such township or road district, then such notice
8shall be published in a newspaper of general circulation
9published in the county and having circulation where such
10property is located. Such notice shall state the time and
11place of the hearing and the place where copies of the proposed
12ordinance or resolution will be accessible for examination by
13interested parties. Such hearings may be adjourned from time
14to time. If any municipality having a zoning ordinance wishes
15to protest the proposed county zoning provisions for the area
16within one and one-half miles of its corporate limits, it
17shall appear at a hearing and submit in writing specific
18proposals to the commission for zoning such territory. If the
19Board of Trustees of any township located in a county with a
20population of less than 1,000,000 wishes to protest the
21proposed zoning of property in the unincorporated area of the
22township, it shall appear at a hearing and submit in writing
23specific proposals to the commission for zoning such
24territory. If the commission approves of such proposals they
25shall be incorporated within the report of the commission and
26its proposed ordinance.

 

 

SB1738- 3 -LRB102 17036 AWJ 22463 b

1    Within 30 days after the final adjournment of such
2hearings the commission shall make a final report and submit a
3proposed ordinance or resolution to the county board. The
4county board may enact the ordinance or resolution with or
5without change, or may refer it back to the commission for
6further consideration. If a township located within a county
7with a population of less than 600,000 has a plan commission
8and the plan commission objects to the proposed zoning of
9property in the unincorporated areas of the township, the
10township board of trustees may submit its written objections
11to the county board within 30 days after the submission of a
12proposed zoning ordinance or resolution by the County Zoning
13Commission to the county board. In such case, the county board
14shall not adopt zoning provisions which affect the
15unincorporated areas of the township, except by the favorable
16vote of 3/4 of all the members of the county board. If the
17proposals made by a municipality as provided above in this
18Section are not incorporated in their entirety into the
19ordinance proposed to be enacted by the county board, the
20county board shall not enact the proposed zoning of such area
21within one and one-half miles of such municipality except by a
22three-fourths vote of all members. The zoning commission shall
23cease to exist, upon the adoption of a zoning ordinance or
24resolution for such county.
25    In the preparation of its report and proposed zoning
26ordinance or resolution the commission may incur such

 

 

SB1738- 4 -LRB102 17036 AWJ 22463 b

1expenditures as shall be authorized by the county board. The
2provisions of the amendatory Act of 1963 (Laws 1963, p. 297)
3shall apply only to the initial and original proposed county
4zoning ordinance and shall not apply to any subsequent
5amendments or revisions of such county zoning ordinance once
6adopted or to the supplanting of such county zoning ordinance
7with an entirely new zoning ordinance; provided, that any
8zoning ordinance or resolution heretofore enacted which
9excludes municipalities subject to regulation shall be amended
10or modified, in the manner hereinabove prescribed for original
11enactment, to make provision to include any such municipality.
12    Appeals from final zoning decisions of the County Board
13must be filed within one year unless a shorter filing period is
14required by another law.
15(Source: P.A. 89-272, eff. 8-10-95.)