103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2716

 

Introduced 1/10/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-25

    Amends the Zoning Division of the Illinois Municipal Code. Provides that decisions by the corporate authorities of a municipality in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to judicial review (rather than de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes). Provides that principles of substantive and procedural process that apply in all states of the decision-making and review of zoning decisions includes protection against arbitrary or capricious action and protection against disregard of the decision-making body's own ordinances or regulations.


LRB103 34660 AWJ 64503 b

 

 

A BILL FOR

 

SB2716LRB103 34660 AWJ 64503 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 Illinois Municipal Code is amended by
5changing Section 11-13-25 as follows:
 
6    (65 ILCS 5/11-13-25)
7    Sec. 11-13-25. Actions subject to de novo review; due
8process.
9    (a) Any decision by the corporate authorities of any
10municipality, home rule or non-home rule, in regard to any
11petition or application for a special use, variance, rezoning,
12or other amendment to a zoning ordinance shall be subject to de
13novo judicial review as a legislative decision, regardless of
14whether the process in relation thereto is considered
15administrative for other purposes. Any action seeking the
16judicial review of such a decision shall be commenced not
17later than 90 days after the date of the decision.
18    (b) The principles of substantive and procedural due
19process, including protection against arbitrary or capricious
20action and protection against disregard of the decision-making
21body's own ordinances or regulations, apply at all stages of
22the decision-making and review of all zoning decisions.
23(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)