Public Act 097-0336
 
HB3102 EnrolledLRB097 08907 KMW 49039 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 7-1-2, 11-13-1.1, 11-13-6, 11-13-7, and
11-13-14 as follows:
 
    (65 ILCS 5/7-1-2)  (from Ch. 24, par. 7-1-2)
    Sec. 7-1-2. (a) A written petition signed by a majority of
the owners of record of land in the territory and also by a
majority of the electors, if any, residing in the territory
shall be filed with the circuit court clerk of the county in
which the territory is located, or the corporate authorities of
a municipality may initiate the proceedings by enacting an
ordinance expressing their desire to annex the described
territory. A person owning land underlying a highway shall not
be considered an owner of record for purposes of this petition
unless that person owns some land not underlying a highway
proposed to be annexed in the petition for annexation. No tract
of land in excess of 10 acres in area may be included in the
ordinances of a municipality initiating the proceedings,
however, without the express consent of the owner of the tract
unless the tract (i) is subdivided into lots or blocks or (ii)
is bounded on at least 3 sides by lands subdivided into lots or
blocks. A tract of land shall be deemed so bounded if it is
actually separated from the subdivision only by the
right-of-way of a railroad or other public utility or at a
public highway. The petition or ordinance, as the case may be,
shall request the annexation of the territory to a specified
municipality and also shall request that the circuit court of
the specified county submit the question of the annexation to
the corporate authorities of the annexing municipality or to
the electors of the unincorporated territory, as the case may
be. The circuit court shall enter an order fixing the time for
the hearing upon the petition, and the day for the hearing
shall be not less than 20 nor more than 30 days after the
filing of the petition or ordinance, as the case may be.
    (b) The petitioners or corporate authorities, as the case
may be, shall give notice of the annexation petition or
ordinance, as the case may be, not more than 30 nor less than
15 days before the date fixed for the hearing. This notice
shall state that a petition for annexation or ordinance, as the
case may be, has been filed and shall give the substance of the
petition, including a description of the territory to be
annexed, the name of the annexing municipality, and the date
fixed for the hearing. This notice shall be given by publishing
a notice at least once in one or more newspapers published in
the annexing municipality or, if no newspaper is published in
the annexing municipality, in one or more newspapers with a
general circulation within the annexing municipality and
territory. A copy of this notice shall be filed with the clerk
of the annexing municipality and the municipal clerk shall
send, by registered mail, an additional copy to the highway
commissioner of each road district within which the territory
proposed to be annexed is situated. If a municipal clerk fails
to send the notice to a highway commissioner as required by
this subsection, the municipality shall reimburse the road
district served by that highway commissioner for any loss or
liability caused by that failure. Any notice required by this
Section need not include a metes and bounds legal description
of the territory to be annexed, provided that the notice
includes: (i) the common street address or addresses and (ii)
the property index number ("PIN") or numbers of all the parcels
of real property contained in the territory to be annexed.
    (c) The petitioners or corporate authorities, as the case
may be, shall pay to the clerk of the circuit court $10 as a
filing and service fee, and no petition or ordinance, as the
case may be, shall be filed until this fee is paid.
    (d) No petitioner may withdraw from this petition except by
consent of the majority of the other petitioners, or where it
is shown to the satisfaction of the court that the signature of
the petitioner was obtained by fraud or misrepresentation.
    (e) If a State charitable institution is situated upon a
tract or tracts of land that lie partly within and partly
without the corporate limits of any municipality, the corporate
authorities of the municipality may by resolution without any
petition or proceedings required by this Article but with the
written consent of the Director of the State Department having
jurisdiction of the institution, annex any part or all of the
tracts lying without the corporate limits.
    (f) If real estate owned by the State of Illinois or any
board, agency, or commission of the State is situated in
unincorporated territory adjacent to a municipality, the
corporate authorities of the municipality may annex any part or
all of the real estate only with the written consent of the
Governor or the governing authority of the board, agency, or
commission, without any petition or proceedings required by
this Article by resolution of the corporate authorities. This
requirement does not apply, however, to State highways located
within territory to be annexed under this Article.
(Source: P.A. 87-533; 88-355.)
 
    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)
    Sec. 11-13-1.1. The corporate authorities of any
municipality may in its ordinances passed under the authority
of this Division 13 provide for the classification of special
uses. Such uses may include but are not limited to public and
quasi-public uses affected with the public interest, uses which
may have a unique, special or unusual impact upon the use or
enjoyment of neighboring property, and planned developments. A
use may be a permitted use in one or more zoning districts, and
a special use in one or more other zoning districts. A special
use shall be permitted only after a public hearing before some
commission or committee designated by the corporate
authorities, with prior notice thereof given in the manner as
provided in Section 11-13-6 and 11-13-7. Any notice required by
this Section need not include a metes and bounds legal
description of the area classified for special uses, provided
that the notice includes: (i) the common street address or
addresses and (ii) the property index number ("PIN") or numbers
of all the parcels of real property contained in the area
classified for special uses. A special use shall be permitted
only upon evidence that such use meets standards established
for such classification in the ordinances, and the granting of
permission therefor may be subject to conditions reasonably
necessary to meet such standards. In addition, any proposed
special use which fails to receive the approval of the
commission or committee designated by the corporate
authorities to hold the public hearing shall not be approved by
the corporate authorities except by a favorable majority vote
of all aldermen, commissioners or trustees of the municipality
then holding office; however, the corporate authorities may by
ordinance increase the vote requirement to two-thirds of all
aldermen, commissioners or trustees of the municipality then
holding office.
(Source: P.A. 86-330.)
 
    (65 ILCS 5/11-13-6)  (from Ch. 24, par. 11-13-6)
    Sec. 11-13-6. No variation shall be made by the board of
appeals in municipalities of 500,000 or more population or by
ordinance in municipalities of lesser population except in a
specific case and after a public hearing before the board of
appeals of which there shall be a notice of the time and place
of the hearing published at least once, not more than 30 nor
less than 15 days before the hearing, in one or more newspapers
published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality which is published in the
county where the municipality is located. This notice shall
contain the particular location for which the variation is
requested as well as a brief statement of what the proposed
variation consists. Any notice required by this Section need
not include a metes and bounds legal description of the
location for which the variation is requested, provided that
the notice includes: (i) the common street address or addresses
and (ii) the property index number ("PIN") or numbers of all
the parcels of real property contained in the area for which
the variation is requested.
(Source: P.A. 80-452.)
 
    (65 ILCS 5/11-13-7)  (from Ch. 24, par. 11-13-7)
    Sec. 11-13-7. In addition to the notice requirements
otherwise provided for in this Division 13, in municipalities
of 500,000 or more population, an applicant for variation or
special use shall, not more than 30 days before filing an
application for variation or special use with the board of
appeals, serve written notice, either in person or by
registered mail, return receipt requested, on the owners, as
recorded in the office of the recorder of deeds or the
registrar of titles of the county in which the property is
located and as appears from the authentic tax records of such
county, of all property within 250 feet in each direction of
the location for which the variation or special use is
requested; provided, the number of feet occupied by all public
roads, streets, alleys and other public ways shall be excluded
in computing the 250 feet requirement. The notice herein
required shall contain the address of the location for which
the variation or special use is requested, a brief statement of
the nature of the requested variation or special use, the name
and address of the legal and beneficial owner of the property
for which the variation or special use is requested, a
statement that the applicant intends to file an application for
variation or special use and the approximate date on which the
application will be filed. If, after a bona fide effort to
determine such address by the applicant for variation or
special use, the owner of the property on which the notice is
served cannot be found at his or her last known address, or the
mailed notice is returned because the owner cannot be found at
the last known address, the notice requirements of this
sub-section shall be deemed satisfied. In addition to serving
the notice herein required, at the time of filing application
for variation or special use, the applicant shall furnish to
the board of appeals a complete list containing the names and
last known addresses of the owners of the property required to
be served, the method of service and the names and last known
addresses of the owners of the service and the names and
addresses of the persons so served. The applicant shall also
furnish a written statement certifying that he or she has
complied with the requirements of this subsection. The board of
appeals shall hear no application for variation or special use
unless the applicant for variation or special use furnishes the
list and certificate herein required. The board of appeals
shall, not more than 30 days nor less than 15 days before the
hearing at which the application for variation or special use
is to be considered, send written notice to the persons
appearing on the list furnished by the applicant, which notice
shall contain the time and place of the hearing, the address of
the location for which the variation or special use is
requested and the name and address of the applicant for
variation or special use and a brief statement of the nature of
the variation or special use requested. Any notice required
herein need not include a metes and bounds legal description of
the property for which the variation or special use is
requested, provided that the notice includes: (i) the common
street address or addresses and (ii) the property index number
("PIN") or numbers of all the parcels of real property
contained in the area for which the variation or special use is
requested.
    Any property owner within the above stated 250 feet notice
requirement, who entered his or her appearance and objected at
the board of appeals hearing, and who shows that his or her
property will be substantially affected by the outcome of the
decision of the board may, without proof of any specific,
special, or unique damages to himself or herself or his or her
property or any adverse effect upon his property from the
proposed variation or special use, seek judicial relief from
any order or decision of the board of appeals under the
Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto.
If the board of appeals determines that the property of any
such owner will not be substantially affected by the outcome of
the decision of the board, such owner may initiate or join in
judicial review under the Administrative Review Law, as
provided in this Section.
(Source: P.A. 84-452.)
 
    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
    Sec. 11-13-14. The regulations imposed and the districts
created under the authority of this Division 13 may be amended
from time to time by ordinance after the ordinance establishing
them has gone into effect, but no such amendments shall be made
without a hearing before some commission or committee
designated by the corporate authorities. Notice shall be given
of the time and place of the hearing, not more than 30 nor less
than 15 days before the hearing, by publishing a notice thereof
at least once in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population
in which no newspaper is published, publication may be made
instead by posting a notice in 3 prominent places within
municipality. In case of a written protest against any proposed
amendment of the regulations or districts, signed and
acknowledged by the owners of 20% of the frontage proposed to
be altered, or by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of the
20% of the frontage directly opposite the frontage proposed to
be altered, is filed with the clerk of the municipality, the
amendment shall not be passed except by a favorable vote of
two-thirds of the aldermen or trustees of the municipality then
holding office. In such cases, a copy of the written protest
shall be served by the protestor or protestors on the applicant
for the proposed amendments and a copy upon the applicant's
attorney, if any, by certified mail at the address of such
applicant and attorney shown in the application for the
proposed amendment. Any notice required by this Section need
not include a metes and bounds legal description, provided that
the notice includes: (i) the common street address or addresses
and (ii) the property index number ("PIN") or numbers of all
the parcels of real property contained in the affected area.
(Source: P.A. 81-705.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.