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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4164
Introduced 11/2/2007, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-12009.5 |
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65 ILCS 5/11-13-1.1 |
from Ch. 24, par. 11-13-1.1 |
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Amends the Counties Code and the Illinois Municipal Code. Provides that a special use permit may not be granted for a term of more than 5 years. Provides that special use permits granted before the effective date of the amendatory Act expire 5 years after that effective date. Denies home rule powers. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB4164 |
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LRB095 14130 HLH 39988 b |
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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 Counties Code is amended by changing Section |
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| 5-12009.5 as follows:
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| (55 ILCS 5/5-12009.5)
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| Sec. 5-12009.5. Special uses.
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| (a) The county board may, by an ordinance passed under this |
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| Division,
provide
for
the classification of special uses. Those |
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| uses may include, but are not
limited to, public and |
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| quasi-public uses affecting the public interest;
uses that have |
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| a unique, special, or unusual impact upon the use or enjoyment
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| of neighboring property; and uses that affect planned |
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| development. A use may
be permitted in one or more zoning |
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| districts and may be a special use in one or
more other zoning |
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| districts.
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| (b) A special use may be granted only after a public |
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| hearing conducted by
the
board of
appeals. There must be at |
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| least 15 days' notice before the hearing. The
notice
must |
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| include the time, place, and date of the hearing and must be |
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| published in
a
newspaper published in the township or road |
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| district where the property is
located. If there is no |
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| newspaper published in the township or road district
where the |
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HB4164 |
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LRB095 14130 HLH 39988 b |
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| property is located,
the notice must be published in a |
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| newspaper of general circulation in the
county. The notice must |
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| also contain (i) the particular location of the
property for |
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| which the special use is requested by legal
description and by |
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| street address, or if there is no street address, by
locating |
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| the property with reference to any well-known landmark, |
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| highway,
road, thoroughfare, or intersection; (ii) whether the |
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| petitioner or
applicant is acting for himself or herself or as |
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| an agent, alter ego, or
representative of a principal and the |
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| name and address of the principal; (iii)
whether the petitioner |
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| or applicant is a corporation, and if so, the correct
names and |
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| addresses of all officers and
directors of the corporation and |
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| of all stockholders or shareholders owning any
interest in |
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| excess
of 20% of all of the
outstanding stock or shares of the |
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| corporation; (iv) whether the petitioner or
applicant, or his |
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| or her principal, is a business or entity doing business
under |
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| an assumed name, and if so, the name and residence of all |
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| actual
owners of the business or entity; (v) whether the |
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| petitioner or applicant,
or his or her principal, is a
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| partnership, joint venture, syndicate, or an unincorporated |
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| voluntary
association, and if so, the names and addresses of |
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| all partners or members of
the partnership, joint venture, |
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| syndicate, or unincorporated voluntary
association; and
(vi) a |
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| brief statement of the proposed special use.
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| In addition to any other notice required by this Section, |
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| the board of
appeals must give at least 15 days' notice before |
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HB4164 |
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LRB095 14130 HLH 39988 b |
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| the hearing to (i)
any
municipality whose boundaries are within |
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| 1-1/2 miles of any part of the
property proposed as a special |
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| use and (ii) the owner or owners of any land
adjacent to or |
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| immediately across any street,
alley, or public right-of-way |
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| from the property proposed as a special use.
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| The petitioner or applicant must pay the cost of the |
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| publication
of the notice required by this Section.
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| (c) A special use may be granted only upon evidence that |
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| the special use
meets
the standards established for that |
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| classification in the ordinance. The
special use may be subject |
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| to conditions
reasonably necessary to meet those standards.
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| (d) The board of appeals shall
report to the county board a |
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| finding of fact and a recommendation as to whether
the
county |
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| board should deny, grant, or grant subject to conditions the |
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| special
use. The county board may, by ordinance and without a |
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| further public hearing,
adopt any proposed special use on |
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| receiving the report or it may refer the
proposal back to the |
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| board of appeals for further consideration.
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| (e) The county board may, by ordinance, delegate to the |
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| board of appeals the
authority to grant special uses subject to |
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| the restrictions and requirements
of this Section. The |
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| ordinance may delegate the authority to grant all
special uses |
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| or to grant only certain classes of special uses while |
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| reserving
to the county board the authority to grant other |
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| classes of special uses. If
the county board enacts an |
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| ordinance delegating its authority, the board of
appeals must, |
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LRB095 14130 HLH 39988 b |
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| after conducting the required public hearing,
issue a finding |
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| of fact and final decision in writing on the proposed special
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| use.
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| (f) On and after the effective date of this amendatory Act |
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| of the 95th General Assembly, a special use permit may not be |
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| granted for a term of more than 5 years. Special use permits |
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| granted before the effective date of this amendatory Act of the |
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| 95th General Assembly expire 5 years after that effective date. |
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| A subsequent special use permit may be granted as otherwise |
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| provided under this Section. Establishing time limits on the |
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| terms of special use permits is an exclusive power and function |
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| of the State. This subsection is a denial and limitation under
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| subsection (h) of
Section 6 of Article VII of the Illinois |
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| Constitution on the exercise by home
rule units of powers and |
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| functions exercised by the State. |
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| (Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
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| Section 10. 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. |
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| (a) The corporate authorities of any municipality may in |
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| its
ordinances passed under the authority of this Division 13 |
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| provide for the
classification of special uses. Such uses may |
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| include but are not limited
to public and quasi-public uses |
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HB4164 |
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LRB095 14130 HLH 39988 b |
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| affected with the public interest, uses
which may have a |
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| unique, special or unusual impact upon the use or
enjoyment of |
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| neighboring property, and planned developments. A use may be a
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| permitted use in one or more zoning districts, and a special |
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| use in one or
more other zoning districts. A special use shall |
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| be permitted only after a
public hearing before some commission |
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| or committee designated by the
corporate authorities, with |
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| prior notice thereof given in the manner as
provided in Section |
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| 11-13-6 and 11-13-7. A special use shall be permitted
only upon |
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| evidence that such use meets standards established for such
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| classification in the ordinances, and the granting of |
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| permission therefor
may be subject to conditions reasonably |
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| necessary to meet such standards.
In addition, any proposed |
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| special use which fails to receive the approval
of the |
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| commission or committee designated by the corporate |
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| authorities to
hold the public hearing shall not be approved by |
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| the corporate authorities
except by a favorable majority vote |
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| of all aldermen, commissioners or
trustees of the municipality |
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| then holding office; however, the corporate
authorities may by |
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| ordinance increase the vote requirement to two-thirds of
all |
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| aldermen, commissioners or trustees of the municipality then |
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| holding office.
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| (b) On and after the effective date of this amendatory Act |
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| of the 95th General Assembly, a special use permit may not be |
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| granted for a term of more than 5 years. Special use permits |
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| granted before the effective date of this amendatory Act of the |
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HB4164 |
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LRB095 14130 HLH 39988 b |
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| 95th General Assembly expire 5 years after that effective date. |
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| A subsequent special use permit may be granted as otherwise |
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| provided under this Section. Establishing time limits on the |
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| terms of special use permits is an exclusive power and function |
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| of the State. This subsection is a denial and limitation under
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| subsection (h) of
Section 6 of Article VII of the Illinois |
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| Constitution on the exercise by home
rule units of powers and |
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| functions exercised by the State. |
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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.
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