Rep. Thomas M. Bennett

Filed: 3/15/2019

 

 


 

 


 
10100HB1449ham002LRB101 07859 AWJ 57157 a

1
AMENDMENT TO HOUSE BILL 1449

2    AMENDMENT NO. ______. Amend House Bill 1449 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 5-12009.5 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.

 

 

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1    (b) A special use may be granted only after a public
2hearing conducted by the board of appeals. There must be at
3least 15 days' notice before the hearing. The notice must
4include the time, place, and date of the hearing and must be
5published in a newspaper published in the township or road
6district where the property is located. If there is no
7newspaper published in the township or road district where the
8property is located, the notice must be published in a
9newspaper of general circulation in the county. The notice must
10also contain (i) the particular location of the property for
11which the special use is requested by legal description and by
12street address, or if there is no street address, by locating
13the property with reference to any well-known landmark,
14highway, road, thoroughfare, or intersection; (ii) whether the
15petitioner or applicant is acting for himself or herself or as
16an agent, alter ego, or representative of a principal and the
17name and address of the principal; (iii) whether the petitioner
18or applicant is a corporation, and if so, the correct names and
19addresses of all officers and directors of the corporation and
20of all stockholders or shareholders owning any interest in
21excess of 20% of all of the outstanding stock or shares of the
22corporation; (iv) whether the petitioner or applicant, or his
23or her principal, is a business or entity doing business under
24an assumed name, and if so, the name and residence of all
25actual owners of the business or entity; (v) whether the
26petitioner or applicant, or his or her principal, is a

 

 

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1partnership, joint venture, syndicate, or an unincorporated
2voluntary association, and if so, the names and addresses of
3all partners or members of the partnership, joint venture,
4syndicate, or unincorporated voluntary association; and (vi) a
5brief statement of the proposed special use.
6    In addition to any other notice required by this Section,
7the board of appeals must give at least 15 days' notice before
8the hearing to (i) any municipality whose boundaries are within
91-1/2 miles of any part of the property proposed as a special
10use and (ii) the owner or owners of any land adjacent to or
11immediately across any street, alley, or public right-of-way
12from the property proposed as a special use.
13    The petitioner or applicant must pay the cost of the
14publication of the notice required by this Section.
15    (c) A special use may be granted only upon evidence that
16the special use meets the standards established for that
17classification in the ordinance. The special use may be subject
18to conditions reasonably necessary to meet those standards.
19    (d) The board of appeals shall report to the county board a
20finding of fact and a recommendation as to whether the county
21board should deny, grant, or grant subject to conditions the
22special use. The county board may, by ordinance and without a
23further public hearing, adopt any proposed special use on
24receiving the report or it may refer the proposal back to the
25board of appeals for further consideration. The county board
26may, by majority vote and without further public hearing, deny

 

 

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1a proposed special use by citing specific reasons from the
2record established by the board of appeals; such denial cannot
3be arbitrary.
4    If the county board cannot cite specific reasons from the
5record established by the board of appeals to deny the proposed
6special use, the county board may then approve the special use
7by ordinance, refer the proposal back to the board of appeals
8for further consideration, or hold a special public hearing
9before the county board following notice requirements in
10subsection (b) of this Section. After the special public
11hearing, the county board may then approve the special use, by
12ordinance, or deny the special use, by majority vote, citing
13specific reasons for the denial from the record of the special
14public hearing.
15    (e) The county board may, by ordinance, delegate to the
16board of appeals the authority to grant special uses subject to
17the restrictions and requirements of this Section. The
18ordinance may delegate the authority to grant all special uses
19or to grant only certain classes of special uses while
20reserving to the county board the authority to grant other
21classes of special uses. If the county board enacts an
22ordinance delegating its authority, the board of appeals must,
23after conducting the required public hearing, issue a finding
24of fact and final decision in writing on the proposed special
25use.
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.".