SB1605 100TH GENERAL ASSEMBLY

LRB100 08156 AWJ 18250 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1605

Introduced 2/9/2017, by Sen. Chris Nybo

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12012.1

Amends the Counties Code. Provides that a county board decision relating to a petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance is subject to de novo judicial review of the record of the proceeding. Provides that a decision on a procedural matter at any stage of the zoning decision-making and review process is subject to judicial review under the Administrative Review Law.

A BILL FOR

AN ACT concerning local government.

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 5-12012.1 as follows:

(55 ILCS 5/5-12012.1)

Sec. 5-12012.1. Actions subject to administrative and de novo judicial review; due process.

(a) Except as provided for in subsection (b), any Any decision by the county board of any county, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review of the record of that proceeding as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.

(b) A decision on a procedural matter at any stage of the zoning decision-making and review process is subject to judicial review under the Administrative Review Law.

(c) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.

(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)