103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2881

 

Introduced 1/24/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-25
65 ILCS 5/11-15.1-1  from Ch. 24, par. 11-15.1-1
65 ILCS 5/11-15.1-2  from Ch. 24, par. 11-15.1-2

    Amends the Zoning Division of the Illinois Municipal Code. Provides that decisions by the corporate authorities of a municipality in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to judicial review (rather than de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes) and that principles of substantive and procedural process that apply in all states of the decision-making and review of zoning decisions include protection against arbitrary or capricious action and protection against disregard of the decision-making body's own ordinances or regulations. Amends the Annexation Agreement Division of the Illinois Municipal Code. Provides that the corporate authorities of any municipality may enter into an annexation agreement with one or more of the owners of record of land in contiguous unincorporated territory (adding that the territory must be contiguous). Removes provisions allowing an annexation agreement to include language relating to continuation in effect of any ordinance relating to subdivision controls, zoning, official plan, or building, housing, and related restrictions; contributions of either land or monies, or both, to any municipality and to other units of local government having jurisdiction over all or part of land that is the subject matter of any annexation agreement under specified circumstances; or abatement of property taxes. Provides that an annexation agreement may not include any of the following: (1) requiring property to be rezoned after the agreement is approved; (2) forbidding action by a city council or corporate authorities of a municipality after the agreement is approved; or (3) agreements for nonspecific, future projects or actions for any party to the agreement.


LRB103 34661 AWJ 64504 b

 

 

A BILL FOR

 

SB2881LRB103 34661 AWJ 64504 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-13-25, 11-15.1-1, and 11-15.1-2 as
6follows:
 
7    (65 ILCS 5/11-13-25)
8    Sec. 11-13-25. Actions subject to de novo review; due
9process.
10    (a) Any decision by the corporate authorities of any
11municipality, home rule or non-home rule, in regard to any
12petition or application for a special use, variance, rezoning,
13or other amendment to a zoning ordinance shall be subject to de
14novo judicial review as a legislative decision, regardless of
15whether the process in relation thereto is considered
16administrative for other purposes. Any action seeking the
17judicial review of such a decision shall be commenced not
18later than 90 days after the date of the decision.
19    (b) The principles of substantive and procedural due
20process, including protection against arbitrary or capricious
21action and protection against disregard of the decision-making
22body's own ordinances or regulations, apply at all stages of
23the decision-making and review of all zoning decisions.

 

 

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1(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
 
2    (65 ILCS 5/11-15.1-1)  (from Ch. 24, par. 11-15.1-1)
3    Sec. 11-15.1-1. The corporate authorities of any
4municipality may enter into an annexation agreement with one
5or more of the owners of record of land in contiguous
6unincorporated territory. That land may be annexed to the
7municipality in the manner provided in Article 7 at the time
8the land is or becomes contiguous to the municipality. The
9agreement shall be valid and binding for a period of not to
10exceed 20 years from the date of its execution.
11    Lack of contiguity to the municipality of property that is
12the subject of an annexation agreement does not affect the
13validity of the agreement whether approved by the corporate
14authorities before or after the effective date of this
15amendatory Act of 1990.
16    Changes made to the first paragraph of this Section by
17Public Act 86-1169 are This amendatory Act of 1990 is
18declarative of existing law and do does not change the
19substantive operation of this Section.
20(Source: P.A. 86-1169; 87-1137.)
 
21    (65 ILCS 5/11-15.1-2)  (from Ch. 24, par. 11-15.1-2)
22    Sec. 11-15.1-2. Any such agreement may provide for the
23following as it relates to the land which is the subject of the
24agreement:

 

 

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1        (a) The annexation of such territory to the
2    municipality, subject to the provisions of Article 7.
3        (b) (Blank). The continuation in effect, or amendment,
4    or continuation in effect as amended, of any ordinance
5    relating to subdivision controls, zoning, official plan,
6    and building, housing and related restrictions; provided,
7    however, that any public hearing required by law to be
8    held before the adoption of any ordinance amendment
9    provided in such agreement shall be held prior to the
10    execution of the agreement, and all ordinance amendments
11    provided in such agreement shall be enacted according to
12    law.
13        (c) A limitation upon increases in permit fees
14    required by the municipality.
15        (d) (Blank). Contributions of either land or monies,
16    or both, to any municipality and to other units of local
17    government having jurisdiction over all or part of land
18    that is the subject matter of any annexation agreement
19    entered into under the provisions of this Section shall be
20    deemed valid when made and shall survive the expiration
21    date of any such annexation agreement with respect to all
22    or any part of the land that was the subject matter of the
23    annexation agreement.
24        (e) The granting of utility franchises for such land.
25        (e-5) (Blank). The abatement of property taxes.
26        (f) Any other matter not inconsistent with the

 

 

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1    provisions of this Code, nor forbidden by law.
2    Any action taken by the corporate authorities during the
3period such agreement is in effect, which, if it applied to the
4land which is the subject of the agreement, would be a breach
5of such agreement, shall not apply to such land without an
6amendment of such agreement.
7    After the effective term of any annexation agreement and
8unless otherwise provided for within the annexation agreement
9or an amendment to the annexation agreement, the provisions of
10any ordinance relating to the zoning of the land that is
11provided for within the agreement or an amendment to the
12agreement, shall remain in effect unless modified in
13accordance with law. This amendatory Act of 1995 is
14declarative of existing law and shall apply to all annexation
15agreements.
16    An agreement may not include any of the following:
17        (1) requiring property to be rezoned after the
18    agreement is approved;
19        (2) forbidding action by a city council or corporate
20    authorities of a municipality after the agreement is
21    approved; or
22        (3) agreements for nonspecific, future projects or
23    actions for any party to the agreement.
24(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14,
25eff. 7-1-97.)