Legislative Alert! OPPOSE HB2862

House Bill 2862, As Amended, Would Create a Permanent Right to Challenge Property Specific Zoning Ordinances

 

Senate Floor Amendment #3 (SFA #3) amends Section 11-13-25(a) of the Illinois Municipal Code, 65 ILCS 5/11-13-25(a), regarding actions subject to de novo review to exclude a so called “facial challenge” (i.e. the municipality’s statutory or constitutional power to adopt an ordinance) to a property specific zoning ordinance from the 90-day statute of limitation to seek judicial review

 

Status: On May 29, 2019, the Senate Local Government Committee recommended to adopt SFA #3.

 

Sponsor: House Sponsor: Rita Mayfield (D-Waukegan); Senate Sponsor: John G. Mulroe (D-Chicago)

Show your OPPOSITION to Illinois House Bill 2862 by contacting your legislators:

 

Step #1: Visit www.elections.il.gov to find your legislators and their contact information.

 

Step #2: Email your legislators and let them know they should OPPOSE HB2862.

Why you should OPPOSE this bill: HB2862 is a terrific example of a bill starting out as one thing and becoming something completely different. This bill, as originally introduced in the House, did not garner any attention from us since it had nothing to do with planning or zoning. However, over the course of three amendments in the Senate, HB2862 became a hugely problematic bill for zoning decisions pertaining to specific properties, (e.g. special use permits, variations, rezoning, text amendments).HB2862, as amended in the Senate, creates a host of practical problems for the finality of zoning decisions for property specific zoning relief. These include:

 

  • The 90-day limitation provides an important finality to a zoning decision. By removing that limitation, this amendment leaves that time-frame wide open. This will create uncertainty for municipally driven planning and development initiatives.

  • Property owners affected by a potential zoning change receive plenty of notice prior to adoption. Any property owner who would be affected has the opportunity to either argue against it at the municipal level or file for judicial review within 90 days of adoption. This amendment unfairly rewards property owners who do not pay attention to notices of zoning hearings that they receive.

  • This amendment is a backdoor way of creating a large loophole through careful pleading after the fact and creating a permanent right to challenge zoning, even for subsequent property owners.

  • This amendment creates both regulatory and real estate market uncertainties. A cause of action should not accrue simply because the market has changed and the owner now feels the community is to blame.

  • The relief the amendment seeks already exists both in terms of a very reasonable 90-day statute of limitation or the ability to see subsequent zoning relief.

 

Recommendation: Contact your state legislators to OPPOSE HB2862.

 

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The American Planning Association - Illinois Chapter (APA-IL) is the premier authority on urban planning issues and professional development for Illinois' urban planners.

 

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