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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 | 5-12012.1 as follows: | ||||||
6 | (55 ILCS 5/5-12012.1)
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7 | Sec. 5-12012.1. Actions subject to de novo review; due | ||||||
8 | process. | ||||||
9 | (a) Any decision by the county board of any county, home | ||||||
10 | rule or non-home rule, in regard to any petition or application | ||||||
11 | for a special use, variance, rezoning, or other amendment to a | ||||||
12 | zoning ordinance adopted by the county board of any county, | ||||||
13 | home rule or non-home rule, shall be subject to de novo | ||||||
14 | judicial review as a legislative decision, regardless of | ||||||
15 | whether the process in relation thereto of its adoption is | ||||||
16 | considered administrative for other purposes. Any action | ||||||
17 | seeking the judicial review of such a decision shall be | ||||||
18 | commenced not later than 90 days after the date of the | ||||||
19 | decision. | ||||||
20 | (b) The principles of substantive and procedural due | ||||||
21 | process apply at all stages of the decision-making and review | ||||||
22 | of all zoning decisions.
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23 | (Source: P.A. 94-1027, eff. 7-14-06.) |
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1 | Section 10. The Township Code is amended by changing | ||||||
2 | Section 110-50.1 as follows: | ||||||
3 | (60 ILCS 1/110-50.1)
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4 | Sec. 110-50.1. Actions subject to de novo review; due | ||||||
5 | process. | ||||||
6 | (a) Any decision by the township board of any township in | ||||||
7 | regard to any petition or application for a special use, | ||||||
8 | variance, rezoning, or other amendment to a zoning ordinance | ||||||
9 | adopted by the township board of any township shall be subject | ||||||
10 | to de novo judicial review as a legislative decision, | ||||||
11 | regardless of whether the process in relation thereto of its | ||||||
12 | adoption is considered administrative for other purposes. Any | ||||||
13 | action seeking the judicial review of such a decision shall be | ||||||
14 | commenced not later than 90 days after the date of the | ||||||
15 | decision. | ||||||
16 | (b) The principles of substantive and procedural due | ||||||
17 | process apply at all stages of the decision-making and review | ||||||
18 | of all zoning decisions.
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19 | (Source: P.A. 94-1027, eff. 7-14-06.) | ||||||
20 | Section 15. The Illinois Municipal Code is amended by | ||||||
21 | changing Section 11-13-25 as follows: | ||||||
22 | (65 ILCS 5/11-13-25) |
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1 | Sec. 11-13-25. Actions subject to de novo review; due | ||||||
2 | process.
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3 | (a) Any decision by the corporate authorities of any | ||||||
4 | municipality, home rule or non-home rule, in regard to any | ||||||
5 | petition or application for a special use, variance, rezoning, | ||||||
6 | or other amendment to a zoning ordinance adopted by the | ||||||
7 | corporate authorities of any municipality, home rule or | ||||||
8 | non-home rule, shall be subject to de novo judicial review as a | ||||||
9 | legislative decision, regardless of whether the process in | ||||||
10 | relation thereto of its adoption is considered administrative | ||||||
11 | for other purposes. Any action seeking the judicial review of | ||||||
12 | such a decision shall be commenced not later than 90 days after | ||||||
13 | the date of the decision. | ||||||
14 | (b) The principles of substantive and procedural due | ||||||
15 | process apply at all stages of the decision-making and review | ||||||
16 | of all zoning decisions.
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17 | (Source: P.A. 94-1027, eff. 7-14-06.)
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