HB4834 94TH GENERAL ASSEMBLY

LRB094 15371 AJO 50562 b

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.

A BILL FOR

AN ACT concerning local government.

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

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

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

Sec. 11-13-1.1. The corporate authorities of any municipality may in its ordinances passed under the authority of this Division 13 provide for the classification of special uses. Such uses may include but are not limited to public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property, and planned developments. A use may be a permitted use in one or more zoning districts, and a special use in one or more other zoning districts. A special use shall be permitted only after a public hearing before some commission or committee designated by the corporate authorities, of which there shall be a notice of the time, date, and place of the hearing published at least once, not more than 30 nor less than 15 days before the date of the hearing, in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality which is published in the county in which the municipality is located. The notice shall contain a description of the particular location for which the special use is requested as well as a brief statement of the nature of the proposed special use with prior notice thereof given in the manner as provided in Section 11-13-6 and 11-13-7. A special use shall be permitted only upon evidence that such use meets standards established for such classification in the ordinances, and the granting of permission therefor may be subject to conditions reasonably necessary to meet such standards. In addition, any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality then holding office; however, the corporate authorities may by ordinance increase the vote requirement to two-thirds of all aldermen, commissioners or trustees of the municipality then holding office.

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

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