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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2716 Introduced 1/10/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
| | | Amends the Zoning Division of the Illinois Municipal Code. Provides that decisions by the corporate authorities of a municipality in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to judicial review (rather than de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes). Provides that principles of substantive and procedural process that apply in all states of the decision-making and review of zoning decisions includes protection against arbitrary or capricious action and protection against disregard of the decision-making body's own ordinances or regulations. |
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| | A BILL FOR |
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| | SB2716 | | LRB103 34660 AWJ 64503 b |
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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, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Municipal Code is amended by |
| 5 | | changing Section 11-13-25 as follows:
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| 6 | | (65 ILCS 5/11-13-25) |
| 7 | | Sec. 11-13-25. Actions subject to de novo review; due |
| 8 | | process. |
| 9 | | (a) Any decision by the corporate authorities of any |
| 10 | | municipality, home rule or non-home rule, in regard to any |
| 11 | | petition or application for a special use, variance, rezoning, |
| 12 | | or other amendment to a zoning ordinance shall be subject to de |
| 13 | | novo judicial review as a legislative decision, regardless of |
| 14 | | whether the process in relation thereto is considered |
| 15 | | administrative for other purposes. Any action seeking the |
| 16 | | judicial review of such a decision shall be commenced not |
| 17 | | later than 90 days after the date of the decision. |
| 18 | | (b) The principles of substantive and procedural due |
| 19 | | process, including protection against arbitrary or capricious |
| 20 | | action and protection against disregard of the decision-making |
| 21 | | body's own ordinances or regulations, apply at all stages of |
| 22 | | the decision-making and review of all zoning decisions. |
| 23 | | (Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |