CITY COUNCIL Senate Bill 94 writeupSenate Bill 94 - Restoration of Municipal Zoning Process
Senator Susan Garrett (Representative Sidney Mathias)
The Illinois Municipal League respectfully requests that you sign Senate Bill 94.
Senate Bill 94 will restore the legislative nature of the municipal zoning process. Any special use, variance, rezoning or other amendment to a zoning ordinance adopted by the municipal
corporate authorities that is challenged within 90 days of the municipality’s legislative decision shall be subject to de novo judicial review.
The Klaeren v. the Village of Lisle decision transformed the legislative nature of municipal zoning hearings by deeming them quasi-judicial and subject to administrative review. As a
result of this interpretation, municipalities, developers and private citizens are faced with bringing in outside legal assistance to adjudicate the process. This effect could be compared
to a mini-trial where the retention of court reporters, expert witnesses, and the commissioning of exhaustive, expensive studies are the norm to create the perfect record. If a zoning
decision is challenged, much like an appeal in court, the review is only on the record. No new evidence may be added. As a result, municipalities, developers and the public must treat
every zoning decision as though it were going to be challenged under administrative review. This is a costly and complicated burden for all those involved in the zoning hearing process,
especially for the private citizen. Individuals who serve on the Zoning Board of Appeals or Planning Commissions are volunteers, not administrative law judges. In light of all this,
zoning hearings are not well suited to be conducted under the quasi-judicial process.
If Senate Bill 94 is signed into law, public participation in the zoning process will increase. Senate Bill 94 will restore what used to be an open, interactive, collaborative, flexible
and less costly process. More public participation leads to better quality zoning decisions and a system under which the entire community benefits.
The Illinois Municipal League respectfully requests your approval of Senate Bill 94.