Full Text of HB4164 95th General Assembly
HB4164 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 9 |
| Division,
provide
for
the classification of special uses. Those | 10 |
| uses may include, but are not
limited to, public and | 11 |
| quasi-public uses affecting the public interest;
uses that have | 12 |
| a unique, special, or unusual impact upon the use or enjoyment
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| of neighboring property; and uses that affect planned | 14 |
| development. A use may
be permitted in one or more zoning | 15 |
| districts and may be a special use in one or
more other zoning | 16 |
| districts.
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| (b) A special use may be granted only after a public | 18 |
| hearing conducted by
the
board of
appeals. There must be at | 19 |
| least 15 days' notice before the hearing. The
notice
must | 20 |
| include the time, place, and date of the hearing and must be | 21 |
| published in
a
newspaper published in the township or road | 22 |
| district where the property is
located. If there is no | 23 |
| 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 | 2 |
| newspaper of general circulation in the
county. The notice must | 3 |
| also contain (i) the particular location of the
property for | 4 |
| which the special use is requested by legal
description and by | 5 |
| street address, or if there is no street address, by
locating | 6 |
| the property with reference to any well-known landmark, | 7 |
| highway,
road, thoroughfare, or intersection; (ii) whether the | 8 |
| petitioner or
applicant is acting for himself or herself or as | 9 |
| an agent, alter ego, or
representative of a principal and the | 10 |
| name and address of the principal; (iii)
whether the petitioner | 11 |
| or applicant is a corporation, and if so, the correct
names and | 12 |
| addresses of all officers and
directors of the corporation and | 13 |
| of all stockholders or shareholders owning any
interest in | 14 |
| excess
of 20% of all of the
outstanding stock or shares of the | 15 |
| corporation; (iv) whether the petitioner or
applicant, or his | 16 |
| or her principal, is a business or entity doing business
under | 17 |
| an assumed name, and if so, the name and residence of all | 18 |
| actual
owners of the business or entity; (v) whether the | 19 |
| petitioner or applicant,
or his or her principal, is a
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| partnership, joint venture, syndicate, or an unincorporated | 21 |
| voluntary
association, and if so, the names and addresses of | 22 |
| all partners or members of
the partnership, joint venture, | 23 |
| syndicate, or unincorporated voluntary
association; and
(vi) a | 24 |
| brief statement of the proposed special use.
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| In addition to any other notice required by this Section, | 26 |
| the board of
appeals must give at least 15 days' notice before |
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LRB095 14130 HLH 39988 b |
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| the hearing to (i)
any
municipality whose boundaries are within | 2 |
| 1-1/2 miles of any part of the
property proposed as a special | 3 |
| use and (ii) the owner or owners of any land
adjacent to or | 4 |
| immediately across any street,
alley, or public right-of-way | 5 |
| from the property proposed as a special use.
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| The petitioner or applicant must pay the cost of the | 7 |
| publication
of the notice required by this Section.
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| (c) A special use may be granted only upon evidence that | 9 |
| the special use
meets
the standards established for that | 10 |
| classification in the ordinance. The
special use may be subject | 11 |
| to conditions
reasonably necessary to meet those standards.
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| (d) The board of appeals shall
report to the county board a | 13 |
| finding of fact and a recommendation as to whether
the
county | 14 |
| board should deny, grant, or grant subject to conditions the | 15 |
| special
use. The county board may, by ordinance and without a | 16 |
| further public hearing,
adopt any proposed special use on | 17 |
| receiving the report or it may refer the
proposal back to the | 18 |
| board of appeals for further consideration.
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| (e) The county board may, by ordinance, delegate to the | 20 |
| board of appeals the
authority to grant special uses subject to | 21 |
| the restrictions and requirements
of this Section. The | 22 |
| ordinance may delegate the authority to grant all
special uses | 23 |
| or to grant only certain classes of special uses while | 24 |
| reserving
to the county board the authority to grant other | 25 |
| classes of special uses. If
the county board enacts an | 26 |
| 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 | 2 |
| 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 | 5 |
| of the 95th General Assembly, a special use permit may not be | 6 |
| granted for a term of more than 5 years. Special use permits | 7 |
| granted before the effective date of this amendatory Act of the | 8 |
| 95th General Assembly expire 5 years after that effective date. | 9 |
| A subsequent special use permit may be granted as otherwise | 10 |
| provided under this Section. Establishing time limits on the | 11 |
| terms of special use permits is an exclusive power and function | 12 |
| 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 | 14 |
| Constitution on the exercise by home
rule units of powers and | 15 |
| functions exercised by the State. | 16 |
| (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 | 18 |
| 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. | 21 |
| (a) The corporate authorities of any municipality may in | 22 |
| its
ordinances passed under the authority of this Division 13 | 23 |
| provide for the
classification of special uses. Such uses may | 24 |
| include but are not limited
to public and quasi-public uses |
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LRB095 14130 HLH 39988 b |
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| affected with the public interest, uses
which may have a | 2 |
| unique, special or unusual impact upon the use or
enjoyment of | 3 |
| 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 | 5 |
| use in one or
more other zoning districts. A special use shall | 6 |
| be permitted only after a
public hearing before some commission | 7 |
| or committee designated by the
corporate authorities, with | 8 |
| prior notice thereof given in the manner as
provided in Section | 9 |
| 11-13-6 and 11-13-7. A special use shall be permitted
only upon | 10 |
| evidence that such use meets standards established for such
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| classification in the ordinances, and the granting of | 12 |
| permission therefor
may be subject to conditions reasonably | 13 |
| necessary to meet such standards.
In addition, any proposed | 14 |
| special use which fails to receive the approval
of the | 15 |
| commission or committee designated by the corporate | 16 |
| authorities to
hold the public hearing shall not be approved by | 17 |
| the corporate authorities
except by a favorable majority vote | 18 |
| of all aldermen, commissioners or
trustees of the municipality | 19 |
| then holding office; however, the corporate
authorities may by | 20 |
| ordinance increase the vote requirement to two-thirds of
all | 21 |
| aldermen, commissioners or trustees of the municipality then | 22 |
| holding office.
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| (b) On and after the effective date of this amendatory Act | 24 |
| of the 95th General Assembly, a special use permit may not be | 25 |
| granted for a term of more than 5 years. Special use permits | 26 |
| 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. | 2 |
| A subsequent special use permit may be granted as otherwise | 3 |
| provided under this Section. Establishing time limits on the | 4 |
| terms of special use permits is an exclusive power and function | 5 |
| 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 | 7 |
| Constitution on the exercise by home
rule units of powers and | 8 |
| functions exercised by the State. | 9 |
| (Source: P.A. 86-330.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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