Illinois General Assembly - Full Text of Public Act 094-1027
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Public Act 094-1027


 

Public Act 1027 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1027
 
SB0094 Enrolled LRB094 07025 AJO 37164 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by adding Section
5-12012.1 as follows:
 
    (55 ILCS 5/5-12012.1 new)
    Sec. 5-12012.1. Actions subject to de novo review; due
process.
    (a) Any special use, variance, rezoning, or other amendment
to a zoning ordinance adopted by the county board of any
county, home rule or non-home rule, shall be subject to de novo
judicial review as a legislative decision, regardless of
whether the process 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.
 
    Section 10. The Township Code is amended by adding Section
110-50.1 as follows:
 
    (60 ILCS 1/110-50.1 new)
    Sec. 110-50.1. Actions subject to de novo review; due
process.
    (a) Any special use, variance, rezoning, or other amendment
to a zoning ordinance adopted by the township board of any
township shall be subject to de novo judicial review as a
legislative decision, regardless of whether the process 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.
 
    Section 15. The Illinois Municipal Code is amended by
adding Section 11-13-25 as follows:
 
    (65 ILCS 5/11-13-25 new)
    Sec. 11-13-25. Actions subject to de novo review; due
process.
    (a) Any 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 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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2006