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Public Act 097-0336
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| HB3102 Enrolled | LRB097 08907 KMW 49039 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(65 ILCS 5/7-1-2) (from Ch. 24, par. 7-1-2)
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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
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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
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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 |
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blocks. A tract of land shall be deemed so
bounded if it is |
actually separated from the subdivision only by the
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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
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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.
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(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
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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
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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.
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(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.
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(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
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the petitioner was obtained by fraud or misrepresentation.
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(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 |
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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.
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(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
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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.
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(Source: P.A. 87-533; 88-355.)
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(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
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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
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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 |
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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
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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
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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.
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(Source: P.A. 86-330.)
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(65 ILCS 5/11-13-6) (from Ch. 24, par. 11-13-6)
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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
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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.
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(Source: P.A. 80-452.)
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(65 ILCS 5/11-13-7) (from Ch. 24, par. 11-13-7)
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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 |
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special use shall, not more than 30 days before
filing an |
application for variation or special use with the board of
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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
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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
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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
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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 |
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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
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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
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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
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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 |
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contained in the area for which the variation or special use is |
requested.
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Any property owner within the above stated 250 feet notice
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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.
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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.
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(Source: P.A. 84-452.)
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(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
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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 |
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designated by the corporate authorities. Notice shall be given
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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
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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
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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 |