SB2014 Engrossed LRB095 14873 HLH 40815 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 5-12012.1 as follows:
 
6     (55 ILCS 5/5-12012.1)
7     Sec. 5-12012.1. Actions subject to de novo review; due
8 process.
9     (a) Any decision by the county board of any county, home
10 rule or non-home rule, in regard to any petition or application
11 for a special use, variance, rezoning, or other amendment to a
12 zoning ordinance adopted by the county board of any county,
13 home rule or non-home rule, shall be subject to de novo
14 judicial review as a legislative decision, regardless of
15 whether the process in relation thereto of its adoption is
16 considered administrative for other purposes. Any action
17 seeking the judicial review of such a decision shall be
18 commenced not later than 90 days after the date of the
19 decision.
20     (b) The principles of substantive and procedural due
21 process apply at all stages of the decision-making and review
22 of all zoning decisions.
23 (Source: P.A. 94-1027, eff. 7-14-06.)
 

 

 

SB2014 Engrossed - 2 - LRB095 14873 HLH 40815 b

1     Section 10. The Township Code is amended by changing
2 Section 110-50.1 as follows:
 
3     (60 ILCS 1/110-50.1)
4     Sec. 110-50.1. Actions subject to de novo review; due
5 process.
6     (a) Any decision by the township board of any township in
7 regard to any petition or application for a special use,
8 variance, rezoning, or other amendment to a zoning ordinance
9 adopted by the township board of any township shall be subject
10 to de novo judicial review as a legislative decision,
11 regardless of whether the process in relation thereto of its
12 adoption is considered administrative for other purposes. Any
13 action seeking the judicial review of such a decision shall be
14 commenced not later than 90 days after the date of the
15 decision.
16     (b) The principles of substantive and procedural due
17 process apply at all stages of the decision-making and review
18 of all zoning decisions.
19 (Source: P.A. 94-1027, eff. 7-14-06.)
 
20     Section 15. The Illinois Municipal Code is amended by
21 changing Section 11-13-25 as follows:
 
22     (65 ILCS 5/11-13-25)

 

 

SB2014 Engrossed - 3 - LRB095 14873 HLH 40815 b

1     Sec. 11-13-25. Actions subject to de novo review; due
2 process.
3     (a) Any decision by the corporate authorities of any
4 municipality, home rule or non-home rule, in regard to any
5 petition or application for a special use, variance, rezoning,
6 or other amendment to a zoning ordinance adopted by the
7 corporate authorities of any municipality, home rule or
8 non-home rule, shall be subject to de novo judicial review as a
9 legislative decision, regardless of whether the process in
10 relation thereto of its adoption is considered administrative
11 for other purposes. Any action seeking the judicial review of
12 such a decision shall be commenced not later than 90 days after
13 the date of the decision.
14     (b) The principles of substantive and procedural due
15 process apply at all stages of the decision-making and review
16 of all zoning decisions.
17 (Source: P.A. 94-1027, eff. 7-14-06.)