Illinois General Assembly - Illinois Compiled Statutes

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55 ILCS 5/5-12009.5

(55 ILCS 5/5-12009.5)

Sec. 5-12009.5.

Special uses.

(a) The county board may, by an ordinance passed under this Division,
provide
for
the classification of special uses.  Those uses may include, but are not
limited to, public and quasi-public uses affecting the public interest;
uses that have a unique, special, or unusual impact upon the use or enjoyment
of neighboring property; and uses that affect planned development.  A use may
be permitted in one or more zoning districts and may be a special use in one or
more other zoning districts.

(b) A special use may be granted only after a public hearing conducted by
the
board of
appeals.  There must be at least 15 days' notice before the hearing.  The
notice
must include the time, place, and date of the hearing and must be published in
a
newspaper published in the township or road district where the property is
located.  If there is no newspaper published in the township or road district
where the property is located,
the notice must be published in a newspaper of general circulation in the
county.  The notice must also contain (i) the particular location of the
property for which the special use is requested by legal
description and by street address, or if there is no street address, by
locating the property with reference to any well-known landmark, highway,
road, thoroughfare, or intersection; (ii) whether the petitioner or
applicant is acting for himself or herself or as an agent, alter ego, or
representative of a principal and the name and address of the principal; (iii)
whether the petitioner or applicant is a corporation, and if so, the correct
names and addresses of all officers and
directors of the corporation and of all stockholders or shareholders owning any
interest in excess
of 20% of all of the
outstanding stock or shares of the corporation; (iv) whether the petitioner or
applicant, or his or her principal, is a business or entity doing business
under an assumed name, and if so, the name and residence of all actual
owners of the business or entity; (v) whether the petitioner or applicant,
or his or her principal, is a
partnership, joint venture, syndicate, or an unincorporated voluntary
association, and if so, the names and addresses of all partners or members of
the partnership, joint venture, syndicate, or unincorporated voluntary
association; and
(vi) a brief statement of the proposed special use.

In addition to any other notice required by this Section, the board of
appeals must give at least 15 days' notice before the hearing to (i)
any
municipality whose boundaries are within 1-1/2 miles of any part of the
property proposed as a special use and (ii) the owner or owners of any land
adjacent to or immediately across any street,
alley, or public right-of-way from the property proposed as a special use.

The petitioner or applicant must pay the cost of the publication
of the notice required by this Section.

(c) A special use may be granted only upon evidence that the special use
meets
the standards established for that classification in the ordinance.  The
special use may be subject to conditions
reasonably necessary to meet those standards.

(d) The board of appeals shall
report to the county board a finding of fact and a recommendation as to whether
the
county board should deny, grant, or grant subject to conditions the special
use.  The county board may, by ordinance and without a further public hearing,
adopt any proposed special use on receiving the report or it may refer the
proposal back to the board of appeals for further consideration.

(e) The county board may, by ordinance, delegate to the board of appeals the
authority to grant special uses subject to the restrictions and requirements
of this Section.  The ordinance may delegate the authority to grant all
special uses or to grant only certain classes of special uses while reserving
to the county board the authority to grant other classes of special uses.  If
the county board enacts an ordinance delegating its authority, the board of
appeals must, after conducting the required public hearing,
issue a finding of fact and final decision in writing on the proposed special
use.

(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)