SB0382 95TH GENERAL ASSEMBLY

LRB095 06569 HLH 28956 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0382

Introduced 2/7/2007, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

65 ILCS 5/Art. 11 Div. 13.1 heading new
65 ILCS 5/11-13.1-1 new
65 ILCS 5/11-13.1-2 new
65 ILCS 5/11-13.1-3 new
65 ILCS 5/11-13.1-4 new
65 ILCS 5/11-13.1-5 new
65 ILCS 5/11-13.1-6 new
65 ILCS 5/11-13.1-7 new
65 ILCS 5/11-13.1-8 new

Amends the Municipal Code. Adds a Division to the Code that allows municipalities to enact design review ordinances. Sets forth design review factors. Provides that the Division may be enforced by an administrative body designated by the municipality. Contains other provisions. Effective immediately.

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 adding a heading to Division 13.1 of Article 11 and by adding Sections 11-13.1-1, 11-13.1-2, 11-13.1-3, 11-13.1-4, 11-13.1-5, 11-13.1-6, 11-13.1-7, and 11-13.1-8 as follows:

(65 ILCS 5/Art. 11 Div. 13.1 heading new)

DIVISION 11-13.1

AESTHETIC DESIGN REVIEW AUTHORITY

(65 ILCS 5/11-13.1-1 new)

Sec. 11-13.1-1. Declaration of policy. It is hereby found and declared that in all municipalities the promotion and maintenance of the aesthetic quality and character in the design of buildings and structures is necessary and desirable to achieve sound community planning for the municipality and to maintain and preserve the public health, safety, morals, and welfare. The powers granted to municipalities under this Division are directed to those ends, and the use of those rights and powers for the regulation of property is hereby declared to be a public use essential to the public interest.

(65 ILCS 5/11-13.1-2 new)

Sec. 11-13.1-2. Powers of the corporate authorities. The corporate authorities in all municipalities shall have the power to regulate by ordinance the external aesthetic design and features of all buildings and structures in any or all zoning districts of the municipalities, to regulate by ordinance the materials used to achieve those designs and features, and to provide by ordinance special conditions as appropriate with respect to the construction of those buildings or structures. Any such regulations, special conditions, or other measures, shall, if adopted in the exercise of the police power, be reasonable and appropriate to maintaining the aesthetic quality and character of buildings and structures in the community. For purposes of this Division, the term "construction" shall include, without limitation, construction, alteration, demolition, rehabilitation, and reconstruction.

(65 ILCS 5/11-13.1-3 new)

Sec. 11-13.1-3. Establishment of administrative body. The purposes and powers of this Division may be administered by any special commission, board, department, agency, or bureau of the municipality or by one or more existing commissions, boards, departments, agencies, or bureaus of the municipality, or by a specifically designated officer, or by any combination thereof. The municipality may provide by ordinance for a division of functions among these entities. The words "the municipality" or "administrative body" as used in reference to the administration of this Division include any commission, board, department, bureau, officer, or other agency of the municipality given any such administrative powers. The number of members that shall sit on any such commission, board, department, agency, or bureau shall be as provided by ordinance. The members of any such commission, board, department, agency, or bureau shall be appointed by the president or mayor of the municipality subject to the approval of the corporate authorities.

(65 ILCS 5/11-13.1-4 new)

Sec. 11-13.1-4. Mandatory design review factors. All regulations or measures of a municipality implemented pursuant to an ordinance enacted under this Division shall consider without limitation the following factors:

(a) whether the proposed construction will be of such external appearance, design, or nature as to be generally compatible with the style and design of surrounding buildings and structures and shall not constitute an unsightly, grotesque, or unsuitable structure in appearance that would be detrimental to the welfare of the surrounding buildings and structures or residents;

(b) whether the proposed construction demonstrates sufficient variety in the design of the structure to avoid monotony in appearance; and

(c) whether the proposed construction will have an adverse, neutral, or positive impact on the stability of property values in the surrounding area.

No one factor listed in this Section shall be determinative of a municipality's decision to grant or deny an application pursuant to an ordinance enacted under this Division.

(65 ILCS 5/11-13.1-5 new)

Sec. 11-13.1-5. Additional design review factors. Any regulations or measures of a municipality implemented pursuant to an ordinance enacted under this Division may also consider, without limitation, the following factors:

(a) whether the proposed construction will be consistent with the buildings and structures in the zoning district where the proposed construction is situated;

(b) whether the proposed construction lends itself to the proper architectural development of the municipality or defined portion of the municipality;

(c) whether the proposed construction meets the customary architectural requirements in appearance and design for a building or structure of the particular type being proposed (including Colonial, Tudor English, French Provincial, or Modern); and

(d) whether the proposed construction coordinates the components of design on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity.

No one factor listed in this Section shall be determinative of a municipality's decision to grant or deny an application pursuant to an ordinance enacted under this Division.

(65 ILCS 5/11-13.1-6 new)

Sec. 11-13.1-6. Actions by the administrative body. A municipality may provide by ordinance that, prior to or upon the filing of an application for a building permit for construction affecting the exterior appearance of a building or structure, design review pursuant to this Division is required. The ordinance providing for design review shall include a public review process that may include a public hearing. The public review process shall be completed within 90 days after the filing of an application as provided in the ordinance, and failure to act within such period shall be deemed an approval of the application unless the applicant otherwise consents. An ordinance may provide for an appeal of the administrative body's determination to the corporate authorities of the municipality, provided that any such appeal shall be considered and acted upon within 35 days after the filing of the appeal.

(65 ILCS 5/11-13.1-7 new)

Sec. 11-13.1-7. Review of local decisions. A municipality adopting an ordinance pursuant to this Division shall provide for the manner in which its decisions may be judicially reviewed. The municipality may expressly elect that the ordinance will be subject to judicial review pursuant to the provisions of the Administrative Review Law. If no such election is made, judicial review shall be de novo.

(65 ILCS 5/11-13.1-8 new)

Sec. 11-13.1-8. Severability. If any provision, clause or phrase of this Division or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Division that can be given effect without the invalid provision or application, and to this end the provisions of this Division are declared to be severable.

Section 99. Effective date. This Act takes effect upon becoming law.