Full Text of HB1449 101st General Assembly
HB1449ham002 101ST GENERAL ASSEMBLY | Rep. Thomas M. Bennett Filed: 3/15/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1449
| 2 | | AMENDMENT NO. ______. Amend House Bill 1449 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-12009.5 as follows:
| 6 | | (55 ILCS 5/5-12009.5)
| 7 | | Sec. 5-12009.5. Special uses.
| 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
| 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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| 1 | | (b) A special use may be granted only after a public | 2 | | hearing conducted by
the
board of
appeals. There must be at | 3 | | least 15 days' notice before the hearing. The
notice
must | 4 | | include the time, place, and date of the hearing and must be | 5 | | published in
a
newspaper published in the township or road | 6 | | district where the property is
located. If there is no | 7 | | newspaper published in the township or road district
where the | 8 | | property is located,
the notice must be published in a | 9 | | newspaper of general circulation in the
county. The notice must | 10 | | also contain (i) the particular location of the
property for | 11 | | which the special use is requested by legal
description and by | 12 | | street address, or if there is no street address, by
locating | 13 | | the property with reference to any well-known landmark, | 14 | | highway,
road, thoroughfare, or intersection; (ii) whether the | 15 | | petitioner or
applicant is acting for himself or herself or as | 16 | | an agent, alter ego, or
representative of a principal and the | 17 | | name and address of the principal; (iii)
whether the petitioner | 18 | | or applicant is a corporation, and if so, the correct
names and | 19 | | addresses of all officers and
directors of the corporation and | 20 | | of all stockholders or shareholders owning any
interest in | 21 | | excess
of 20% of all of the
outstanding stock or shares of the | 22 | | corporation; (iv) whether the petitioner or
applicant, or his | 23 | | or her principal, is a business or entity doing business
under | 24 | | an assumed name, and if so, the name and residence of all | 25 | | actual
owners of the business or entity; (v) whether the | 26 | | petitioner or applicant,
or his or her principal, is a
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| 1 | | partnership, joint venture, syndicate, or an unincorporated | 2 | | voluntary
association, and if so, the names and addresses of | 3 | | all partners or members of
the partnership, joint venture, | 4 | | syndicate, or unincorporated voluntary
association; and
(vi) a | 5 | | brief statement of the proposed special use.
| 6 | | In addition to any other notice required by this Section, | 7 | | the board of
appeals must give at least 15 days' notice before | 8 | | the hearing to (i)
any
municipality whose boundaries are within | 9 | | 1-1/2 miles of any part of the
property proposed as a special | 10 | | use and (ii) the owner or owners of any land
adjacent to or | 11 | | immediately across any street,
alley, or public right-of-way | 12 | | from the property proposed as a special use.
| 13 | | The petitioner or applicant must pay the cost of the | 14 | | publication
of the notice required by this Section.
| 15 | | (c) A special use may be granted only upon evidence that | 16 | | the special use
meets
the standards established for that | 17 | | classification in the ordinance. The
special use may be subject | 18 | | to conditions
reasonably necessary to meet those standards.
| 19 | | (d) The board of appeals shall
report to the county board a | 20 | | finding of fact and a recommendation as to whether
the
county | 21 | | board should deny, grant, or grant subject to conditions the | 22 | | special
use. The county board may, by ordinance and without a | 23 | | further public hearing,
adopt any proposed special use on | 24 | | receiving the report or it may refer the
proposal back to the | 25 | | board of appeals for further consideration. The county board | 26 | | may, by majority vote and without further public hearing, deny |
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| 1 | | a proposed special use by citing specific reasons from the | 2 | | record established by the board of appeals; such denial cannot | 3 | | be arbitrary. | 4 | | If the county board cannot cite specific reasons from the | 5 | | record established by the board of appeals to deny the proposed | 6 | | special use, the county board may then approve the special use | 7 | | by ordinance, refer the proposal back to the board of appeals | 8 | | for further consideration, or hold a special public hearing | 9 | | before the county board following notice requirements in | 10 | | subsection (b) of this Section. After the special public | 11 | | hearing, the county board may then approve the special use, by | 12 | | ordinance, or deny the special use, by majority vote, citing | 13 | | specific reasons for the denial from the record of the special | 14 | | public hearing.
| 15 | | (e) The county board may, by ordinance, delegate to the | 16 | | board of appeals the
authority to grant special uses subject to | 17 | | the restrictions and requirements
of this Section. The | 18 | | ordinance may delegate the authority to grant all
special uses | 19 | | or to grant only certain classes of special uses while | 20 | | reserving
to the county board the authority to grant other | 21 | | classes of special uses. If
the county board enacts an | 22 | | ordinance delegating its authority, the board of
appeals must, | 23 | | after conducting the required public hearing,
issue a finding | 24 | | of fact and final decision in writing on the proposed special
| 25 | | use.
| 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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