SB2466sam002 101ST GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 3/10/2020

10100SB2466sam002 LRB101 16155 AWJ 70890 a

AMENDMENT TO SENATE BILL 2466

AMENDMENT NO. ______. Amend Senate Bill 2466 on page 4, by replacing lines 4 through 16 with the following:

"(f) The county board may revoke a special use previously authorized for any of the following reasons:

(1) A court, administrative adjudication body, or other federal, state, or local regulatory agency finds that the owner or operator of the special use permit violated the law on the property where the special use occurs or violated a law related to the operation of the special use.

(2) Circumstances happen or become known to the county board, board of appeals, or hearing officer, which, had they happened or been known at the time when the special use was approved, would have legally justified the county board, board of appeals, or hearing officer in refusing the special use. For the purposes of this paragraph, changes in adjoining land use does not constitute a permissible circumstance to revoke a special use permit.

(3) The owner or operator of the property of the special use permit violate any of the rules and regulations issued by the county board, board of appeals, or hearing officer, other than those necessarily violated by authorizing the special use.

For counties that authorize the board of appeals or hearing officer to grant special use permits, the board of appeals or hearing officer may revoke a special use permit for the reasons listed in this subsection in the same manner as issuing a special use, with the county being considered the petitioner bearing all associated costs for notification and hearings.

Prior to revoking a special use permit, a county board, board of appeals, or hearing officer shall hold a public hearing on the proposed revocation.

A special use permit that includes a revocation clause may not be revoked under this subsection.".

Section 99. Effective date. This Act takes effect upon becoming law.".