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91_HB2298
LRB9102855MWgc
1 AN ACT to amend the Counties Code by changing Section
2 5-12009.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12009.5 as follows:
7 (55 ILCS 5/5-12009.5)
8 Sec. 5-12009.5. Special uses use authorization.
9 (a) The county board may, by an ordinance passed under
10 this Division, provide for the classification of special
11 uses. Those uses may include, but are not limited to, public
12 and quasi-public uses affecting the public interest; uses
13 that have a unique, special, or unusual impact upon the use
14 or enjoyment of neighboring property; and uses that affect
15 planned development. A use may be permitted in one or more
16 zoning districts and may be a special use in one or more
17 other zoning districts.
18 (b) A special use may be granted only after a public
19 hearing conducted by the board of appeals. There must be at
20 least 15 days' notice before the hearing. The notice must
21 include the time, place, and date of the hearing and must be
22 published in a newspaper published in the township or road
23 district where the property is located. If there is no
24 newspaper published in the township or road district where
25 the property is located, the notice must be published in a
26 newspaper of general circulation in the county. The notice
27 must also contain (i) the particular location of the property
28 for which the special use is requested by legal description
29 and by street address, or if there is no street address, by
30 locating the property with reference to any well-known
31 landmark, highway, road, thoroughfare, or intersection; (ii)
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1 whether the petitioner or applicant is acting for himself or
2 herself or as an agent, alter ego, or representative of a
3 principal and the name and address of the principal; (iii)
4 whether the petitioner or applicant is a corporation, and if
5 so, the correct names and addresses of all officers and
6 directors of the corporation and of all stockholders or
7 shareholders owning any interest in excess of 20% of all of
8 the outstanding stock or shares of the corporation; (iv)
9 whether the petitioner or applicant, or his or her principal,
10 is a business or entity doing business under an assumed name,
11 and if so, the name and residence of all actual owners of the
12 business or entity; (v) whether the petitioner or applicant,
13 or his or her principal, is a partnership, joint venture,
14 syndicate, or an unincorporated voluntary association, and if
15 so, the names and addresses of all partners or members of the
16 partnership, joint venture, syndicate, or unincorporated
17 voluntary association; and (vi) a brief statement of the
18 proposed special use.
19 In addition to any other notice required by this Section,
20 the board of appeals must give at least 15 days' notice
21 before the hearing to (i) any municipality whose boundaries
22 are within 1-1/2 miles of any part of the property proposed
23 as a special use and (ii) the owner or owners of any land
24 adjacent to or immediately across any street, alley, or
25 public right-of-way from the property proposed as a special
26 use.
27 The petitioner or applicant must pay the cost of the
28 publication of the notice required by this Section.
29 (c) A special use may be granted only upon evidence that
30 the special use meets the standards established for that
31 classification in the ordinance. The special use may be
32 subject to conditions reasonably necessary to meet those
33 standards.
34 (d) The board of appeals shall report to the county
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1 board a finding of fact and a recommendation as to whether
2 the county board should deny, grant, or grant subject to
3 conditions the special use. The county board may, by
4 ordinance and without a further public hearing, adopt any
5 proposed special use on receiving the report or it may refer
6 the proposal back to the board of appeals for further
7 consideration.
8 (e) The county board may, by ordinance, delegate to the
9 board of appeals the authority to grant special uses subject
10 to the restrictions and requirements of this Section. The
11 ordinance may delegate the authority to grant all special
12 uses or to grant only certain classes of special uses while
13 reserving to the county board the authority to grant other
14 classes of special uses. If the county board enacts an
15 ordinance delegating its authority, the board of appeals
16 must, after conducting the required public hearing, issue a
17 finding of fact and final decision in writing on the proposed
18 special use. The county board may provide for the
19 classification of special uses. "Special uses" may include
20 but are not limited to public and quasi-public uses affecting
21 the public interest, uses that may have unique, special, or
22 unusual impact upon the use or enjoyment of neighboring
23 property, and planned developments. A use may be a permitted
24 use in one or more zoning districts and a special use in one
25 or more other zoning districts.
26 A special use may be permitted only after a public
27 hearing before the county zoning commission with prior notice
28 given as provided in Section 5-12009 of this Division. A
29 special use shall be permitted only upon evidence that the
30 use meets standards established for the classifications in
31 the ordinances, and the granting of permission therefore may
32 be subject to conditions reasonably necessary to meet the
33 standards.
34 Those municipalities whose boundaries are within 1 1/2
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1 miles of any part of the area proposed to be classified as a
2 special use shall be given notice of the hearing. The owner
3 or owners of land immediately touching, or immediately across
4 a street, alley, or public right-of-way from, at least 20% of
5 the perimeter of the land to be affected by the special use
6 shall have standing to object to the granting of a special
7 use permit. A majority vote of the county board is required
8 to grant a special use permit, unless the county board
9 provides by ordinance that a two-thirds vote is required.
10 (Source: P.A. 90-175, eff. 1-1-98.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.