SB2014 95TH GENERAL ASSEMBLY

LRB095 14873 HLH 40815 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2014

Introduced 2/7/2008, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-25

Amends the Illinois Municipal Code. Provides that any decision by the corporate authorities of any municipality regarding any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance (instead of any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of the municipality) is subject to de novo judicial review.

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 11-13-25 as follows:

(65 ILCS 5/11-13-25)

Sec. 11-13-25. Actions subject to de novo review; due process.

(a) Any decision by the corporate authorities of any municipality, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of any municipality, home rule or non-home rule, shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto of its adoption is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision.

(b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.

(Source: P.A. 94-1027, eff. 7-14-06.)