Full Text of HB2927 102nd General Assembly
HB2927 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2927 Introduced 2/19/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-13-1 | from Ch. 24, par. 11-13-1 |
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Amends the Zoning Division of the Illinois Municipal Code. Provides that a property owner, or a developer or contractor having the written permission of the property owner, shall not have any approvals under the Zoning Division denied because of a 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 a municipality regarding the subject property;
(2) filed a building permit application with a municipality 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 a unit of local government 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.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing 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 | 8 | | air, and safety from
fire and other dangers may be secured, | 9 | | that the taxable value of land and
buildings throughout the | 10 | | municipality may be conserved, that congestion in
the public | 11 | | streets may be lessened or avoided, that the hazards to | 12 | | persons
and damage to property resulting from the accumulation | 13 | | or runoff of storm
or flood waters may be lessened or avoided, | 14 | | and that the public health,
safety, comfort, morals, and | 15 | | welfare may otherwise be promoted, and to
insure and | 16 | | facilitate the preservation of sites, areas, and structures of
| 17 | | historical, architectural and aesthetic importance; the | 18 | | corporate
authorities in each municipality have the following | 19 | | powers:
| 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 |
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| 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 |
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| 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 |
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| 1 | | corporate limits or
within contiguous territory not more than | 2 | | one and one-half miles beyond the
corporate limits and not | 3 | | included within any municipality. However, if any
municipality | 4 | | adopts a plan pursuant to Division 12 of Article 11 which
plan | 5 | | includes in its provisions a provision that the plan applies | 6 | | to such
contiguous territory not more than one and one-half | 7 | | miles beyond the
corporate limits and not included in any | 8 | | municipality, then no other
municipality shall adopt a plan | 9 | | that shall apply to any territory included
within the | 10 | | territory provided in the plan first so adopted by another
| 11 | | municipality. No municipality shall exercise any power set | 12 | | forth in this
Division 13 outside the corporate limits | 13 | | thereof, if the county in which
such municipality is situated | 14 | | has adopted "An Act in relation to county
zoning", approved | 15 | | June 12, 1935, as amended.
Nothing in this Section prevents a | 16 | | municipality of more than 112,000
population located in a | 17 | | county of less than 185,000 population that has adopted
a | 18 | | zoning ordinance and the county that adopted the zoning | 19 | | ordinance from
entering into an intergovernmental agreement | 20 | | that allows the municipality to
exercise its zoning powers | 21 | | beyond its territorial limits; provided, however,
that the | 22 | | intergovernmental agreement must be limited to the territory | 23 | | within
the municipality's planning jurisdiction as defined by | 24 | | law or any existing
boundary agreement. The county and the | 25 | | municipality must amend their
individual zoning maps in the | 26 | | same manner as other zoning changes are
incorporated into |
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| 1 | | revised zoning maps.
No such intergovernmental agreement may | 2 | | authorize a municipality to exercise
its zoning powers, other | 3 | | than powers that a county may exercise under
Section 5-12001 | 4 | | of the Counties Code, with respect to land used for
| 5 | | agricultural purposes. This amendatory Act of the 92nd General | 6 | | Assembly is
declarative of existing law.
No municipality may | 7 | | exercise any
power set forth in this Division 13 outside the | 8 | | corporate limits of the
municipality with respect to a | 9 | | facility of a telecommunications carrier defined
in Section | 10 | | 5-12001.1 of the Counties Code. | 11 | | (b) Notwithstanding any other provision of law to the | 12 | | contrary, 30 days prior to the issuance of any permits for a | 13 | | new telecommunications facility within 1.5 miles of a | 14 | | municipality, the telecommunications carrier constructing the | 15 | | facility shall provide written notice of its intent to | 16 | | construct the facility. The notice shall include, but not be | 17 | | limited to, the following information: (i) the name, address, | 18 | | and telephone number of the company responsible for the | 19 | | construction of the facility, (ii) the address and telephone | 20 | | number of the governmental entity that is to issue the | 21 | | building permit for the telecommunications facility, (iii) a | 22 | | site plan and site map of sufficient specificity to indicate | 23 | | both the location of the parcel where the telecommunications | 24 | | facility is to be constructed and the location of all the | 25 | | telecommunications facilities within that parcel, and (iv) the | 26 | | property index number and common address of the parcel where |
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| 1 | | the telecommunications facility is to be located. The notice | 2 | | shall not contain any material that appears to be an | 3 | | advertisement for the telecommunications carrier or any | 4 | | services provided by the telecommunications carrier. The | 5 | | notice shall be provided in person, by overnight private | 6 | | courier, or by certified mail to all owners of property within | 7 | | 250 feet of the parcel in which the telecommunications carrier | 8 | | has a leasehold or ownership interest. For the purposes of | 9 | | this notice requirement, "owners" means those persons or | 10 | | entities identified from the authentic tax records of the | 11 | | county in which the telecommunications facility is to be | 12 | | located. If, after a bona fide effort by the | 13 | | telecommunications carrier to determine the owner and his or | 14 | | her address, the owner of the property on whom the notice must | 15 | | be served cannot be found at the owner's last known address, or | 16 | | if the mailed notice is returned because the owner cannot be | 17 | | found at the last known address, the notice requirement of | 18 | | this paragraph is deemed satisfied. For the purposes of this | 19 | | paragraph, "facility" means that term as it is defined in | 20 | | Section 5-12001.1 of the Counties Code. | 21 | | (c) Notwithstanding any other provision of law to the | 22 | | contrary, a property owner, or a developer or contractor | 23 | | having the written permission of the property owner, shall not | 24 | | have any approvals under this Division denied because of a law | 25 | | or ordinance enacted or adopted after the date on which the | 26 | | property owner, developer, or contractor: |
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| 1 | | (1) participated in a concept meeting for construction | 2 | | with representatives from a municipality regarding the | 3 | | subject property; | 4 | | (2) filed a building permit application with a | 5 | | municipality for the subject property; | 6 | | (3) presented a proposed development plan to a city | 7 | | council for the subject property; | 8 | | (4) substantially invested resources in the | 9 | | preparation of building plans, concept drawings, or | 10 | | securing building contracts for a preceding period of one | 11 | | year for the subject property; or | 12 | | (5) otherwise gave sufficient notice of an intent to | 13 | | develop to the pertinent regulatory authorities for the | 14 | | subject property. | 15 | | If any item of this subsection has occurred and the State | 16 | | or a unit of local government seeks to enforce or impose a more | 17 | | restrictive law, regulation, ordinance, or resolution against | 18 | | the property owner, or a developer or contractor with the | 19 | | written permission of the property owner, or otherwise | 20 | | condition issuance of a building permit on meeting | 21 | | requirements not in place at the occurrence of any item of this | 22 | | subsection, then the property owner, developer, or contractor | 23 | | may file suit for injunctive or declaratory relief, or both, | 24 | | including, but not limited to, a quo warranto action or | 25 | | mandamus petition. If the property owner's, developer's, or | 26 | | contractor's claim is sustained by the court, the court shall |
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| 1 | | impose upon the State or the unit of local government a civil | 2 | | penalty of not less than $5,000 and nor more than the aggregate | 3 | | of: (i) the additional carrying costs per day incurred by the | 4 | | property owner, developer, or contractor, or any combination, | 5 | | for any delays in issuance of a building permit; and (ii) | 6 | | reasonable attorney's fees. | 7 | | A unit of local government, including a home rule unit, | 8 | | shall not maintain or enforce an ordinance or resolution in a | 9 | | manner inconsistent with this subsection. This subsection is a | 10 | | limitation under subsection (i) of Section 6 of Article VII of | 11 | | the Illinois Constitution on the concurrent exercise by home | 12 | | rule units of powers and functions exercised by the State. | 13 | | (d) If a municipality adopts a
zoning plan covering an | 14 | | area outside its corporate limits, the plan adopted
shall be | 15 | | reasonable with respect to the area outside the corporate | 16 | | limits
so that future development will not be hindered or | 17 | | impaired; it is
reasonable for a municipality to regulate or | 18 | | prohibit the extraction of
sand, gravel, or limestone even | 19 | | when those activities are related to an
agricultural purpose. | 20 | | If all or any part of the area outside the corporate
limits of | 21 | | a municipality which has been zoned in accordance with the
| 22 | | provisions of this Division 13 is annexed to another | 23 | | municipality or
municipalities, the annexing unit shall | 24 | | thereafter exercise all zoning
powers and regulations over the | 25 | | annexed area.
| 26 | | (e) In all ordinances passed under the authority of this |
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| 1 | | Division 13, due
allowance shall be made for existing | 2 | | conditions, the conservation of
property values, the direction | 3 | | of building development to the best
advantage of the entire | 4 | | municipality and the uses to which the property is
devoted at | 5 | | the time of the enactment of such an ordinance. The powers
| 6 | | conferred by this Division 13 shall not be exercised so as to | 7 | | deprive the
owner of any existing property of its use or | 8 | | maintenance for the purpose to
which it is then lawfully | 9 | | devoted, but provisions may be made for the
gradual | 10 | | elimination of uses, buildings and structures which are
| 11 | | incompatible with the character of the districts in which they | 12 | | are made or
located, including, without being limited thereto, | 13 | | provisions : (i) (a) for the
elimination of such uses of | 14 | | unimproved lands or lot areas when the existing
rights of the | 15 | | persons in possession thereof are terminated or when the uses
| 16 | | to which they are devoted are discontinued; (ii) (b) for the | 17 | | elimination of uses
to which such buildings and structures are | 18 | | devoted, if they are adaptable
for permitted uses; and (iii) | 19 | | (c) for the elimination of such buildings and
structures when | 20 | | they are destroyed or damaged in major part, or when they
have | 21 | | reached the age fixed by the corporate authorities of the | 22 | | municipality
as the normal useful life of such buildings or | 23 | | structures.
| 24 | | (f) This amendatory Act of 1971 does not apply to any | 25 | | municipality which is
a home rule unit, except as provided in | 26 | | item (12) of subsection (a) .
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| 1 | | (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
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