[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 003 ] | [ Senate Amendment 001 ] |
92_SB1997eng SB1997 Engrossed LRB9212492BDpk 1 AN ACT concerning counties. 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 5 Section 5-12009.5 as follows: 6 (55 ILCS 5/5-12009.5) 7 Sec. 5-12009.5. Special uses. 8 (a) The county board may, by an ordinance passed under 9 this Division, provide for the classification of special 10 uses. Those uses may include, but are not limited to, public 11 and quasi-public uses affecting the public interest; uses 12 that have a unique, special, or unusual impact upon the use 13 or enjoyment of neighboring property; and uses that affect 14 planned development. A use may be permitted in one or more 15 zoning districts and may be a special use in one or more 16 other zoning districts. 17 (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 24 the property is located, the notice must be published in a 25 newspaper of general circulation in the county. The notice 26 must also contain (i) the particular location of the property 27 for which the special use is requested by legal description 28 and by street address, or if there is no street address, by 29 locating the property with reference to any well-known 30 landmark, highway, road, thoroughfare, or intersection; (ii) 31 whether the petitioner or applicant is acting for himself or SB1997 Engrossed -2- LRB9212492BDpk 1 herself or as an agent, alter ego, or representative of a 2 principal and the name and address of the principal; (iii) 3 whether the petitioner or applicant is a corporation, and if 4 so, the correct names and addresses of all officers and 5 directors of the corporation and of all stockholders or 6 shareholders owning any interest in excess of 20% of all of 7 the outstanding stock or shares of the corporation; (iv) 8 whether the petitioner or applicant, or his or her principal, 9 is a business or entity doing business under an assumed name, 10 and if so, the name and residence of all actual owners of the 11 business or entity; (v) whether the petitioner or applicant, 12 or his or her principal, is a partnership, joint venture, 13 syndicate, or an unincorporated voluntary association, and if 14 so, the names and addresses of all partners or members of the 15 partnership, joint venture, syndicate, or unincorporated 16 voluntary association; and (vi) a brief statement of the 17 proposed special use. 18 In addition to any other notice required by this Section, 19 the board of appeals must give at least 15 days' notice 20 before the hearing to (i) any municipality whose boundaries 21 are within 1-1/2 miles of any part of the property proposed 22 as a special use and (ii) the owner or owners of any land 23 adjacent to or immediately across any street, alley, or 24 public right-of-way from the property proposed as a special 25 use. 26 The petitioner or applicant must pay the cost of the 27 publication of the notice required by this Section. 28 (c) A special use may be granted only upon evidence that 29 the special use meets the standards established for that 30 classification in the ordinance. The special use may be 31 subject to conditions reasonably necessary to meet those 32 standards. 33 (d) The board of appeals shall report to the county 34 board a finding of fact and a recommendation as to whether SB1997 Engrossed -3- LRB9212492BDpk 1 the county board should deny, grant, or grant subject to 2 conditions the special use. The county board may, by 3 ordinance and without a further public hearing, adopt any 4 proposed special use on receiving the report or it may refer 5 the proposal back to the board of appeals for further 6 consideration. 7 (e) The county board may, by ordinance, delegate to the 8 board of appeals the authority to grant special uses subject 9 to the restrictions and requirements of this Section. The 10 ordinance may delegate the authority to grant all special 11 uses or to grant only certain classes of special uses while 12 reserving to the county board the authority to grant other 13 classes of special uses. If the county board enacts an 14 ordinance delegating its authority, the board of appeals 15 must, after conducting the required public hearing, issue a 16 finding of fact and final decision in writing on the proposed 17 special use. 18 (f) If a township located within a county with a 19 population of less than 800,000 or more than 3,000,000 has a 20 plan commission, and the plan commission objects to a special 21 use classification that affects unincorporated areas of the 22 township, the township board of trustees, within 15 days 23 after the public hearing before the board of appeals on the 24 special use classification, may submit its written objections 25 to the county board of the county where the unincorporated 26 areas of the township are located. If the written objection 27 is filed, the county board may not approve the special use 28 classification except by the favorable vote of 3/4 of all 29 members of the county board. 30 (Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.