Bill Text: IL HB1626 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Counties Code. Provides that a special use may be passed at a county board meeting by a simple majority of the elected county board members, except that a written protest against any proposed special use that is either signed by the owners of at least 20% of the land to be rezoned, or signed by the owners of land immediately touching, or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land to be rezoned, or in cases where the land affected lies within 1.5 miles of the limits of a zoned municipality. Further provides that in those cases, a vote of three-fourths of all the members of the county board is required, but in counties where the county board consists of 3 members, only a two-thirds vote is required. Sets forth requirements concerning the written protest. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB1626 Detail]
Download: Illinois-2011-HB1626-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | |||||||||||||||||||
5 | 5-12009.5 as follows:
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6 | (55 ILCS 5/5-12009.5)
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7 | Sec. 5-12009.5. Special uses.
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8 | (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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13 | 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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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 the |
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1 | 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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20 | 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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25 | 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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1 | 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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6 | A special use may be passed at a county board meeting by a | ||||||
7 | simple majority of the elected county board members, except | ||||||
8 | that in case of a written protest against any proposed special | ||||||
9 | use that is either: (A) signed by the owner or owners of at | ||||||
10 | least 20% of the land to be rezoned, or (B) signed by the owner | ||||||
11 | or owners of land immediately touching, or immediately across a | ||||||
12 | street, alley, or public right-of-way from at least 20% of the | ||||||
13 | perimeter of the land to be rezoned, or in cases where the land | ||||||
14 | affected lies within 1.5 miles of the limits of a zoned | ||||||
15 | municipality, by resolution of the corporate authorities of the | ||||||
16 | zoned municipality with limits nearest adjacent, filed with the | ||||||
17 | county clerk, such special use shall not be passed except by | ||||||
18 | the favorable vote of three-fourths of all the members of the | ||||||
19 | county board, but in counties in which the county board | ||||||
20 | consists of 3 members, only a two-thirds vote is required. In | ||||||
21 | such cases, a copy of the written protest shall be served by | ||||||
22 | the protestor or protestors on the applicant for the proposed | ||||||
23 | amendment and a copy on the applicant's attorney, if any, by | ||||||
24 | certified mail at the address of such applicant and attorney | ||||||
25 | shown in the application for the proposed amendment. | ||||||
26 | The petitioner or applicant must pay the cost of the |
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1 | publication
of the notice required by this Section.
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2 | (c) A special use may be granted only upon evidence that | ||||||
3 | the special use
meets
the standards established for that | ||||||
4 | classification in the ordinance. The
special use may be subject | ||||||
5 | to conditions
reasonably necessary to meet those standards.
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6 | (d) The board of appeals shall
report to the county board a | ||||||
7 | finding of fact and a recommendation as to whether
the
county | ||||||
8 | board should deny, grant, or grant subject to conditions the | ||||||
9 | special
use. The county board may, by ordinance and without a | ||||||
10 | further public hearing,
adopt any proposed special use on | ||||||
11 | receiving the report or it may refer the
proposal back to the | ||||||
12 | board of appeals for further consideration.
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13 | (e) Except in the case of a written protest, the The county | ||||||
14 | board may, by ordinance, delegate to the board of appeals the
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15 | authority to grant special uses subject to the restrictions and | ||||||
16 | requirements
of this Section. The ordinance may delegate the | ||||||
17 | authority to grant all
special uses or to grant only certain | ||||||
18 | classes of special uses while reserving
to the county board the | ||||||
19 | authority to grant other classes of special uses. If
the county | ||||||
20 | board enacts an ordinance delegating its authority, the board | ||||||
21 | of
appeals must, after conducting the required public hearing,
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22 | issue a finding of fact and final decision in writing on the | ||||||
23 | proposed special
use. In the case of a written protest, the | ||||||
24 | county board may not delegate authority to grant the special | ||||||
25 | use to the board of appeals.
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26 | (Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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