Illinois General Assembly - Full Text of HB2559
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Full Text of HB2559  102nd General Assembly

HB2559 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2559

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

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

    Creates the End Aldermanic Privilege Law in the Illinois Municipal Code. Provides that, in the City of Chicago, a property owner, or a developer or contractor having the written permission of the property owner, shall not have any approvals denied because of an aldermanic hold, objection, extra-judicial or extra-legal request, or for any law or ordinance enacted or adopted after the date on which the property owner, developer, or contractor: (1) participated in a concept meeting for construction with representatives from the City of Chicago regarding the subject property; (2) filed a building permit application with the City of Chicago for the subject property; (3) presented a proposed development plan to a city council for the subject property; (4) substantially invested resources in the preparation of building plans, concept drawings, or securing building contracts for a preceding period of one year for the subject property; or (5) otherwise gave sufficient notice of an intent to develop to the pertinent regulatory authorities for the subject property. Allows suit against the State or the City of Chicago that seeks to enforce or impose a more restrictive law, regulation, ordinance, or resolution against the property owner, developer, or contractor and allows for a $5,000 civil penalty and other damages if the property owner's, developer's, or contractor's claim is successful. Limits home rule powers.


LRB102 13611 AWJ 18961 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2559LRB102 13611 AWJ 18961 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 Section 11-13-1 as follows:
 
6    (65 ILCS 5/11-13-1)  (from Ch. 24, par. 11-13-1)
7    Sec. 11-13-1. (a) To the end that adequate light, pure
8air, and safety from fire and other dangers may be secured,
9that the taxable value of land and buildings throughout the
10municipality may be conserved, that congestion in the public
11streets may be lessened or avoided, that the hazards to
12persons and damage to property resulting from the accumulation
13or runoff of storm or flood waters may be lessened or avoided,
14and that the public health, safety, comfort, morals, and
15welfare may otherwise be promoted, and to insure and
16facilitate the preservation of sites, areas, and structures of
17historical, architectural and aesthetic importance; the
18corporate authorities in each municipality have the following
19powers:
20        (1) to regulate and limit the height and bulk of
21    buildings hereafter to be erected;
22        (2) to establish, regulate and limit, subject to the
23    provisions of Division 14 of this Article 11, the building

 

 

HB2559- 2 -LRB102 13611 AWJ 18961 b

1    or set-back lines on or along any street, traffic-way,
2    drive, parkway or storm or floodwater runoff channel or
3    basin;
4        (3) to regulate and limit the intensity of the use of
5    lot areas, and to regulate and determine the area of open
6    spaces, within and surrounding such buildings;
7        (4) to classify, regulate and restrict the location of
8    trades and industries and the location of buildings
9    designed for specified industrial, business, residential,
10    and other uses;
11        (5) to divide the entire municipality into districts
12    of such number, shape, area, and of such different classes
13    (according to use of land and buildings, height and bulk
14    of buildings, intensity of the use of lot area, area of
15    open spaces, or other classification) as may be deemed
16    best suited to carry out the purposes of this Division 13;
17        (6) to fix standards to which buildings or structures
18    therein shall conform;
19        (7) to prohibit uses, buildings, or structures
20    incompatible with the character of such districts;
21        (8) to prevent additions to and alteration or
22    remodeling of existing buildings or structures in such a
23    way as to avoid the restrictions and limitations lawfully
24    imposed under this Division 13;
25        (9) to classify, to regulate and restrict the use of
26    property on the basis of family relationship, which family

 

 

HB2559- 3 -LRB102 13611 AWJ 18961 b

1    relationship may be defined as one or more persons each
2    related to the other by blood, marriage or adoption and
3    maintaining a common household;
4        (10) to regulate or forbid any structure or activity
5    which may hinder access to solar energy necessary for the
6    proper functioning of a solar energy system, as defined in
7    Section 1.2 of the Comprehensive Solar Energy Act of 1977;
8        (11) to require the creation and preservation of
9    affordable housing, including the power to provide
10    increased density or other zoning incentives to developers
11    who are creating, establishing, or preserving affordable
12    housing; and
13        (12) to establish local standards solely for the
14    review of the exterior design of buildings and structures,
15    excluding utility facilities and outdoor off-premises
16    advertising signs, and designate a board or commission to
17    implement the review process; except that, other than
18    reasonable restrictions as to size, no home rule or
19    non-home rule municipality may prohibit the display of
20    outdoor political campaign signs on residential property
21    during any period of time, the regulation of these signs
22    being a power and function of the State and, therefor,
23    this item (12) is a denial and limitation of concurrent
24    home rule powers and functions under subsection (i) of
25    Section 6 of Article VII of the Illinois Constitution.
26    The powers enumerated may be exercised within the

 

 

HB2559- 4 -LRB102 13611 AWJ 18961 b

1corporate limits or within contiguous territory not more than
2one and one-half miles beyond the corporate limits and not
3included within any municipality. However, if any municipality
4adopts a plan pursuant to Division 12 of Article 11 which plan
5includes in its provisions a provision that the plan applies
6to such contiguous territory not more than one and one-half
7miles beyond the corporate limits and not included in any
8municipality, then no other municipality shall adopt a plan
9that shall apply to any territory included within the
10territory provided in the plan first so adopted by another
11municipality. No municipality shall exercise any power set
12forth in this Division 13 outside the corporate limits
13thereof, if the county in which such municipality is situated
14has adopted "An Act in relation to county zoning", approved
15June 12, 1935, as amended. Nothing in this Section prevents a
16municipality of more than 112,000 population located in a
17county of less than 185,000 population that has adopted a
18zoning ordinance and the county that adopted the zoning
19ordinance from entering into an intergovernmental agreement
20that allows the municipality to exercise its zoning powers
21beyond its territorial limits; provided, however, that the
22intergovernmental agreement must be limited to the territory
23within the municipality's planning jurisdiction as defined by
24law or any existing boundary agreement. The county and the
25municipality must amend their individual zoning maps in the
26same manner as other zoning changes are incorporated into

 

 

HB2559- 5 -LRB102 13611 AWJ 18961 b

1revised zoning maps. No such intergovernmental agreement may
2authorize a municipality to exercise its zoning powers, other
3than powers that a county may exercise under Section 5-12001
4of the Counties Code, with respect to land used for
5agricultural purposes. This amendatory Act of the 92nd General
6Assembly is declarative of existing law. No municipality may
7exercise any power set forth in this Division 13 outside the
8corporate limits of the municipality with respect to a
9facility of a telecommunications carrier defined in Section
105-12001.1 of the Counties Code.
11    (b) Notwithstanding any other provision of law to the
12contrary, 30 days prior to the issuance of any permits for a
13new telecommunications facility within 1.5 miles of a
14municipality, the telecommunications carrier constructing the
15facility shall provide written notice of its intent to
16construct the facility. The notice shall include, but not be
17limited to, the following information: (i) the name, address,
18and telephone number of the company responsible for the
19construction of the facility, (ii) the address and telephone
20number of the governmental entity that is to issue the
21building permit for the telecommunications facility, (iii) a
22site plan and site map of sufficient specificity to indicate
23both the location of the parcel where the telecommunications
24facility is to be constructed and the location of all the
25telecommunications facilities within that parcel, and (iv) the
26property index number and common address of the parcel where

 

 

HB2559- 6 -LRB102 13611 AWJ 18961 b

1the telecommunications facility is to be located. The notice
2shall not contain any material that appears to be an
3advertisement for the telecommunications carrier or any
4services provided by the telecommunications carrier. The
5notice shall be provided in person, by overnight private
6courier, or by certified mail to all owners of property within
7250 feet of the parcel in which the telecommunications carrier
8has a leasehold or ownership interest. For the purposes of
9this notice requirement, "owners" means those persons or
10entities identified from the authentic tax records of the
11county in which the telecommunications facility is to be
12located. If, after a bona fide effort by the
13telecommunications carrier to determine the owner and his or
14her address, the owner of the property on whom the notice must
15be served cannot be found at the owner's last known address, or
16if the mailed notice is returned because the owner cannot be
17found at the last known address, the notice requirement of
18this paragraph is deemed satisfied. For the purposes of this
19paragraph, "facility" means that term as it is defined in
20Section 5-12001.1 of the Counties Code.
21    (c) Notwithstanding any other provision of law to the
22contrary, a property owner, or a developer or contractor
23having the written permission of the property owner, shall not
24have any approvals under this Division denied because of an
25aldermanic hold, objection, extra-judicial or extra-legal
26request, or for any law or ordinance enacted or adopted after

 

 

HB2559- 7 -LRB102 13611 AWJ 18961 b

1the date on which the property owner, developer, or
2contractor:
3        (1) participated in a concept meeting for construction
4    with representatives from the City of Chicago regarding
5    the subject property;
6        (2) filed a building permit application with the City
7    of Chicago for the subject property;
8        (3) presented a proposed development plan to the city
9    council for the subject property;
10        (4) substantially invested resources in the
11    preparation of building plans, concept drawings, or
12    securing building contracts for a preceding period of one
13    year for the subject property; or
14        (5) otherwise gave sufficient notice of an intent to
15    develop to the pertinent regulatory authorities for the
16    subject property.
17    If item (1), (2), (3), (4), or (5) of this subsection has
18occurred and the State or the City of Chicago seeks to enforce
19or impose a more restrictive law, regulation, ordinance, or
20resolution against the property owner, or a developer or
21contractor with the written permission of the property owner,
22or otherwise condition issuance of a building permit on
23meeting requirements not in place at the occurrence of item
24(1), (2), (3), (4), or (5) of this subsection, then the
25property owner, developer, or contractor may file suit for
26injunctive or declaratory relief, or both, including, but not

 

 

HB2559- 8 -LRB102 13611 AWJ 18961 b

1limited to, a quo warranto action or mandamus petition. If the
2property owner's, developer's, or contractor's claim is
3sustained by the court, the court shall impose upon the State
4or the City of Chicago a civil penalty of not less than $5,000
5and nor more than the aggregate of: (i) the additional
6carrying costs per day incurred by the property owner,
7developer, or contractor, or any combination, for any delays
8in issuance of a building permit; and (ii) reasonable
9attorney's fees.
10    The City of Chicago shall not maintain or enforce an
11ordinance or resolution in a manner inconsistent with this
12subsection. This subsection is a limitation under subsection
13(i) of Section 6 of Article VII of the Illinois Constitution on
14the concurrent exercise by home rule units of powers and
15functions exercised by the State.
16    This subsection applies only to the City of Chicago.
17    This subsection may be cited as the End Aldermanic
18Privilege Law.
19    (d) If a municipality adopts a zoning plan covering an
20area outside its corporate limits, the plan adopted shall be
21reasonable with respect to the area outside the corporate
22limits so that future development will not be hindered or
23impaired; it is reasonable for a municipality to regulate or
24prohibit the extraction of sand, gravel, or limestone even
25when those activities are related to an agricultural purpose.
26If all or any part of the area outside the corporate limits of

 

 

HB2559- 9 -LRB102 13611 AWJ 18961 b

1a municipality which has been zoned in accordance with the
2provisions of this Division 13 is annexed to another
3municipality or municipalities, the annexing unit shall
4thereafter exercise all zoning powers and regulations over the
5annexed area.
6    (e) In all ordinances passed under the authority of this
7Division 13, due allowance shall be made for existing
8conditions, the conservation of property values, the direction
9of building development to the best advantage of the entire
10municipality and the uses to which the property is devoted at
11the time of the enactment of such an ordinance. The powers
12conferred by this Division 13 shall not be exercised so as to
13deprive the owner of any existing property of its use or
14maintenance for the purpose to which it is then lawfully
15devoted, but provisions may be made for the gradual
16elimination of uses, buildings and structures which are
17incompatible with the character of the districts in which they
18are made or located, including, without being limited thereto,
19provisions: (i) (a) for the elimination of such uses of
20unimproved lands or lot areas when the existing rights of the
21persons in possession thereof are terminated or when the uses
22to which they are devoted are discontinued; (ii) (b) for the
23elimination of uses to which such buildings and structures are
24devoted, if they are adaptable for permitted uses; and (iii)
25(c) for the elimination of such buildings and structures when
26they are destroyed or damaged in major part, or when they have

 

 

HB2559- 10 -LRB102 13611 AWJ 18961 b

1reached the age fixed by the corporate authorities of the
2municipality as the normal useful life of such buildings or
3structures.
4    (f) This amendatory Act of 1971 does not apply to any
5municipality which is a home rule unit, except as provided in
6item (12) of subsection (a).
7(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)