94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4834


 
Introduced 01/19/06, by Rep. Sidney H. Mathias
 
SYNOPSIS AS INTRODUCED:
 		














65 ILCS 5/11-13-1.1
  from Ch. 24, par. 11-13-1.1







    Amends the Illinois Municipal Code. Sets forth procedures for newspaper publication of a notice of hearing before a municipal commission or committee on a proposal for a  zoning special use permit. Provides that the notice shall contain a description of the location of the proposed special use and the nature of the special use. Effective immediately.
















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A BILL FOR









 











HB4834

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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 11-13-1.1 as follows:
 



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    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)



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    Sec. 11-13-1.1. The corporate authorities of any 
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municipality may in its
ordinances passed under the authority 
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of this Division 13 provide for the
classification of special 
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uses. Such uses may include but are not limited
to public and 
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quasi-public uses affected with the public interest, uses
which 
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may have a unique, special or unusual impact upon the use or

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enjoyment of neighboring property, and planned developments. A 
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use may be a
permitted use in one or more zoning districts, and 
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a special use in one or
more other zoning districts. A special 
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use shall be permitted only after a
public hearing before some 
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commission or committee designated by the
corporate 
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authorities, of which there shall be a notice of the time, 
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date, and place of the hearing published at least once, not 
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more than 30 nor less than 15 days before the date of the 
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hearing, in one or more newspapers published in the 
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municipality, or, if no newspaper is published therein, then in 
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one or more newspapers with a general circulation within the 
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municipality which is published in the county in which the 
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municipality is located. The notice shall contain a description 
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of the particular location for which the special use is 
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requested as well as a brief statement of the nature of the 
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proposed special use
with prior notice thereof given in the 
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manner as
provided in Section 11-13-6 and 11-13-7. A special 
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use shall be permitted
only upon evidence that such use meets 
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standards established for such
classification in the 
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ordinances, and the granting of permission therefor
may be 
 


 






HB4834
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subject to conditions reasonably necessary to meet such 
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standards.
In addition, any proposed special use which fails to 
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receive the approval
of the commission or committee designated 
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by the corporate authorities to
hold the public hearing shall 
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not be approved by the corporate authorities
except by a 
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favorable majority vote of all aldermen, commissioners or

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trustees of the municipality then holding office; however, the 
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corporate
authorities may by ordinance increase the vote 
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requirement to two-thirds of
all aldermen, commissioners or 
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trustees of the municipality then holding office.

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(Source: P.A. 86-330.)

 

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