Public Act 097-0336
 
HB3102 EnrolledLRB097 08907 KMW 49039 b


  
    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 
changing Sections 7-1-2, 11-13-1.1, 11-13-6, 11-13-7, and 
11-13-14 as follows:
 



    (65 ILCS 5/7-1-2)  (from Ch. 24, par. 7-1-2)



    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

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

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 
blocks. A tract of land shall be deemed so
bounded if it is 
actually separated from the subdivision only by the

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

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.

    (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

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

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. 

    (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.

    (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

the petitioner was obtained by fraud or misrepresentation.

    (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 
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.

    (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

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.

(Source: P.A. 87-533; 88-355.)

 



    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)



    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

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 
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

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

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.

(Source: P.A. 86-330.)

 



    (65 ILCS 5/11-13-6)  (from Ch. 24, par. 11-13-6)



    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

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. 

(Source: P.A. 80-452.)

 



    (65 ILCS 5/11-13-7)  (from Ch. 24, par. 11-13-7)



    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 
special use shall, not more than 30 days before
filing an 
application for variation or special use with the board of

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

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

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

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 
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

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

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

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 
contained in the area for which the variation or special use is 
requested.

    Any property owner within the above stated 250 feet notice

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.

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.

(Source: P.A. 84-452.)

 



    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)



    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 
designated by the corporate authorities. Notice shall be given

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

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

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 
and (ii) the property index number ("PIN") or numbers of all 
the parcels of real property contained in the affected area. 

(Source: P.A. 81-705.)

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