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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-13-3
(65 ILCS 5/11-13-3) (from Ch. 24, par. 11-13-3)
Sec. 11-13-3.
(a) All ordinances passed under the terms of this Division
13 shall be enforced by those officers of the municipality
that are designated by ordinance.
(b) In municipalities having a population of more than 500,000 the
city council may provide for the appointment of a board of appeals
consisting of 5 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, and
one for 5 years, the successor to each member so appointed to serve for
a term of 5 years.
(c) The city council in cities and the president and board of
trustees in villages and incorporated towns, having a population of less
than 500,000, may provide for the appointment of a board of appeals
consisting of 7 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, one
for 5 years, one for 6 years, and one for 7 years, the successor to each
member so appointed to serve for a term of 5 years.
(d) In any municipality with a population under 5,000 that has an appointed
board of appeals, a proposition to elect the board of appeals at large
shall be submitted to the electors as provided in this subsection.
Electors of the municipality equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for that office may petition for the submission
to a vote of the electors of the municipality the proposition whether the
board of appeals shall be elected at large. The petition shall be filed
with the municipal clerk in accordance with the general election law. The
clerk shall certify the proposition to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law.
The proposition shall be in substantially the following form: "Shall the
city (or village or incorporated town) of (insert name) elect the zoning
board of appeals at large instead of having an appointed board of appeals?"
If a majority of those voting on the proposition vote in favor of it,
then the board of appeals shall be elected at large at the next general
municipal election held at least 120 days after the referendum approval.
At the initial election, 4 members shall be elected for 2-year terms and 3
members shall be elected for 4-year terms; thereafter all terms shall be
for 4 years. Upon the election and qualification of the initial elected
board of appeals, the terms of all sitting members of the board of appeals
shall expire.
(e) One of the members of an appointed board shall be named as chairman
at the time of his or her appointment. If members are elected, the members
shall select a chairman. The amount of compensation to be paid to members,
if any, shall be fixed by the corporate authorities. The appointing
authority has the power to remove any appointed member for cause and after
public hearing. Vacancies shall be filled for the unexpired term of the
member whose place has become vacant. Vacancies shall be filled by the
appointing authority in the case of an appointed board or by those who
would otherwise be the appointing authority in the case of an elected
board. All meetings of the board of appeals shall be held at the call of
the chairman and at other times as the board may determine. The chairman,
or in his or her absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the board shall
be open to the public. The board shall keep minutes of its proceedings,
showing the vote of each member upon every question, or if absent or
failing to vote, indicating that fact, and shall also keep records of
its examinations and other official actions. No hearing shall be
conducted without a quorum of the board being present. A quorum shall
consist of a majority of all the members. Any absent member who
certifies that he or she has read the transcript of the proceedings before
the board may vote upon any question before the board. Every rule or
regulation and its amendment or repeal and every order, requirement,
decision, or determination of the board shall immediately
be filed in the office of the board and shall be a public record.
(f) In all municipalities the board of appeals shall hear and decide
appeals from and review any order, requirement, decision, or
determination made by an administrative official charged with the
enforcement of any ordinance adopted under this Division 13.
(g) In all municipalities the board of appeals
shall also hear and decide all matters
referred to it or upon which it is required to pass under such an
ordinance. The concurring vote of 3 members of the board, in
municipalities having a population of more than 500,000, and of 4
members of the board, in municipalities having a population of less than
500,000, is necessary to reverse any order, requirement, decision, or
determination of such an administrative official, to decide in favor
of the applicant any matter upon which it is required to pass under such
an ordinance or to effect any variation in the ordinance, or to
recommend any variation or modification in the ordinance to the
corporate authorities.
(Source: P.A. 87-535.)
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65 ILCS 5/11-13-3.1
(65 ILCS 5/11-13-3.1) (from Ch. 24, par. 11-13-3.1)
Sec. 11-13-3.1.
In municipalities of less than 500,000 inhabitants no
change shall be made in the zoning ordinance nor shall any zoning variation
be granted within 6 months after the date upon which an official plan is
adopted by the corporate authorities unless such change in the zoning
ordinance or such variation is approved by a two-thirds vote of the
corporate authorities or the zoning board of appeals then holding office,
as the case may be.
(Source: Laws 1967, p. 3425)
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65 ILCS 5/11-13-4
(65 ILCS 5/11-13-4) (from Ch. 24, par. 11-13-4)
Sec. 11-13-4.
In municipalities of 500,000 or more population, the
regulations authorized by this Division 13 may be varied in their
application only by the board of appeals of the municipality, subject to
the power of the corporate authorities to prohibit, in whole or in part,
the granting of variations in respect to the classification, regulation and
restriction of the location of trades and industries and the location of
buildings designed for specified industrial, business, residential and
other uses. Variations shall be permitted by the board of appeals only when
they are in harmony with the general purpose and intent of the regulations
and only in cases where there are practical difficulties or particular
hardship in the way of carrying out the strict letter of any of those
regulations relating to the use, construction, or alteration of buildings
or structures or the use of land. In its consideration of the standards of
practical difficulties or particular hardship, the board of appeals shall
require evidence that (1) the property in question cannot yield a
reasonable return if permitted to be used only under the conditions allowed
by the regulations in that zone; and (2) the plight of the owner is due to
unique circumstances; and (3) the variation, if granted, will not alter the
essential character of the locality. A variation shall be permitted only if
the evidence, in the judgment of the board of appeals, sustains each of the
3 conditions enumerated. The corporate authorities may provide general or
specific rules implementing, but not inconsistent with, the rules herein
provided to govern determinations of the board of appeals. A decision of
the board of appeals shall not be subject to review, reversal or
modification by the corporate authorities but shall be judicially
reviewable under the provisions of Section 11-13-13.
(Source: P.A. 82-430.)
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65 ILCS 5/11-13-5
(65 ILCS 5/11-13-5) (from Ch. 24, par. 11-13-5)
Sec. 11-13-5.
In municipalities of less than 500,000 population, the
regulations authorized by this Division 13 may provide that the board of
appeals or corporate authorities may determine and vary their application
in harmony with their general purpose and intent and in accordance with
general or specific rules therein contained in cases where there are
practical difficulties or particular hardship in the way of carrying out
the strict letter of any of those regulations relating to the use,
construction, or alteration of buildings or structures or the use of land.
If the authority to determine and approve variations is vested in the board
of appeals it shall be exercised in accordance with the conditions
prescribed in Section 11-13-4, subject to the power of the corporate
authorities to prohibit, in whole or in part, the granting of variations in
respect to the classification, regulation and restriction of the location
of trades and industries and the location of buildings designed for
specified industrial, business, residential and other uses. If the power to
determine and approve variations is reserved to the corporate authorities,
it shall be exercised only by the adoption of ordinances. However, no such
variation shall be made by the corporate authorities as specified without a
hearing before the board of appeals.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-6
(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. 97-336, eff. 8-12-11.)
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65 ILCS 5/11-13-7
(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. 97-336, eff. 8-12-11.)
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65 ILCS 5/11-13-7a
(65 ILCS 5/11-13-7a) (from Ch. 24, par. 11-13-7a)
Sec. 11-13-7a.
Zoning variation and special use applicants and property owners, as set
forth in Section 11-13-7 of this Act, shall have the following rights, in
addition to any others they may possess in law, at any hearing before a
board of appeals:
(a) to have subpoenas issued for persons to appear at board of appeals'
hearings and for examination of documents by the person requesting the
subpoena either before or at board of appeals hearings subject to the
limitations in this Section. The board of appeals shall issue subpoenas as
requested by zoning variation and special use applicants and by property
owners within the terms of Section 11-13-7. Subpoenas shall only be
enforceable against persons or for documents which have a substantial
evidentiary connection with (i) the property for which a zoning variation
or special use is requested, (ii) facts which would support or negate the
requisite legal standards for granting a zoning variation or special use,
and (iii) facts which support or negate the conclusion that property within
the 250 feet notice requirement of Section 11-13-7 will be substantially
affected by the outcome of the decision of the board. All matters relating
to subpoenas concerning a particular zoning variation or special use case,
including all enforcement and motions to quash, shall be heard in a single
action, however, the court obtaining jurisdiction over any such matter may
retain jurisdiction until the disposition of the case by the board of
appeals. Service of such subpoenas shall be made in the same manner as
summons in a civil action.
(b) To cross examine all witnesses testifying.
(c) To present witnesses on their behalf.
Property owners within the terms of Section 11-13-7 who object to the
zoning application or special use application may, upon request, be granted
1 continuance for the purpose of presenting evidence to rebut testimony
given by the applicant. The date of such continued hearing shall be in the
discretion of the board of appeals.
This amendatory act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-1363.)
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65 ILCS 5/11-13-8
(65 ILCS 5/11-13-8) (from Ch. 24, par. 11-13-8)
Sec. 11-13-8.
In municipalities of 500,000 or more population, when any
zoning ordinance, rule or regulation is sought to be declared invalid by
means of a declaratory judgment proceeding, not more than 30 days before
filing suit for a declaratory judgment the person filing such suit shall
serve written notice in the form and manner and to all property owners as
is required of applicants for variation in Section 11-13-7, and shall
furnish to the clerk of the court in which the declaratory judgment suit is
filed, and at the time of filing such suit, the list of property owners,
the written certificate and such other information as is required in
Section 11-13-7 to be furnished to the board of appeals by an applicant for
variation. A property owner entitled to notice who shows that his property
will be substantially affected by the outcome of the declaratory judgment
proceeding may enter his appearance in the proceeding, and if he does so he
shall have the rights of a party. The property owner shall not, however,
need to prove any specific, special, or unique damages to himself or his
property or any adverse effect upon his property from the declaratory
judgment proceeding.
(Source: P.A. 76-583.)
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65 ILCS 5/11-13-9
(65 ILCS 5/11-13-9) (from Ch. 24, par. 11-13-9)
Sec. 11-13-9.
The provisions of an amendatory Act of 1955, which was
approved June 30, 1955 and which was Senate Bill No. 328 of the Sixty-Ninth
General Assembly and which amended certain provisions now contained in
Section 11-13-4 through 11-13-8, shall not affect the validity of any
variations approved by the corporate authorities or by the board of appeals
and in force prior to July 1, 1955.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-10
(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
Sec. 11-13-10.
In municipalities of less than 500,000 population, where a
variation is to be made by ordinance, upon the report of the board of
appeals, the corporate authorities, by ordinance, without further public
hearing, may adopt any proposed variation or may refer it back to the board
for further consideration, and any proposed variation which fails to
receive the approval of the board of appeals shall not be passed except by
the favorable vote of two-thirds of all alderpersons or trustees of the
municipality.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-11
(65 ILCS 5/11-13-11) (from Ch. 24, par. 11-13-11)
Sec. 11-13-11.
Every variation or special use, whether made by the board of
appeals directly, or by an ordinance after a hearing before the board of
appeals, shall be accompanied by findings of facts and shall refer to any
exhibits containing plans and specifications for the proposed use or
variation, which shall remain a part of the permanent records of the board
of appeals. The findings of facts shall specify the reason or reasons for
making the variation.
The terms of the relief granted shall be specifically set forth in a
conclusion or statement separate from the findings of fact of the board of
appeals or ordinance. Property for which relief has been granted shall not
be used in violation of the specific terms of the board of appeals'
findings of fact or ordinance, as the case may be, unless its usage is
changed by further findings of fact of a board of appeals or additional
ordinances.
(Source: P.A. 76-584.)
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65 ILCS 5/11-13-12
(65 ILCS 5/11-13-12) (from Ch. 24, par. 11-13-12)
Sec. 11-13-12.
An appeal to the board of appeals may be taken by any person
aggrieved or by any officer, department, board, or bureau of the
municipality. The appeal shall be taken within 45 days of the action
complained of by filing, with the officer from whom the appeal is taken and
with the board of appeals a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith transmit
to the board all the papers constituting the record upon which the action
appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the
board of appeals, after the notice of appeal has been filed with him, that
by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In this event the proceedings
shall not be stayed otherwise than by a restraining order which may be
granted by the board of appeals or by a circuit court on application and on
notice to the officer from whom the appeal is taken, and on due cause
shown.
The board of appeals shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the parties and decide the appeal
within a reasonable time. Upon the hearing, any party may appear in person
or by agent or by attorney. The board of appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be made in the premises and to
that end has all the powers of the officer from whom the appeal is taken.
(Source: P.A. 76-1507.)
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65 ILCS 5/11-13-13
(65 ILCS 5/11-13-13) (from Ch. 24, par. 11-13-13)
Sec. 11-13-13.
All final administrative decisions of the board of appeals
under this Division 13 shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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65 ILCS 5/11-13-14
(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 the 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 alderpersons 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. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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65 ILCS 5/11-13-14.1
(65 ILCS 5/11-13-14.1) (from Ch. 24, par. 11-13-14.1)
Sec. 11-13-14.1.
Notwithstanding any other provision to the contrary in
this Division 13:
(A) The corporate authorities of any municipality may by ordinance establish
the position of hearing officer and delegate to a hearing officer the authority
to: (i) conduct any public hearing -- other than a public hearing provided
for in Section 11-13-2 -- required to be held under this Division 13 in
connection with applications for any special use, variation, amendment or
other change or modification in any ordinance of the municipality adopted
pursuant to this Division 13; and (ii) hear and decide appeals from and
review any order, requirement, decision or determination made by an
administrative official charged with the enforcement of any ordinance
adopted pursuant to this Division 13.
(B) When a hearing officer is designated to conduct a public hearing in
a matter otherwise required to be heard in accordance with this Division
13 by some commission or committee designated by the corporate authorities
of the municipality: (i) notice of such hearing shall be given in the same
time and manner as is provided by this Division 13 for the giving of notice
of hearing when any such matter is to be heard by some commission or committee
designated by the corporate authorities; (ii) the hearing officer shall
exercise and perform the same powers and duties as such commission or committee
is required to exercise and perform when conducting a public hearing in
any such matter; and (iii) the hearing officer shall render a written
recommendation to the corporate authorities within such time and in such
manner and form as the corporate authorities shall require.
(C) When a hearing officer is designated to conduct a public hearing in
a matter otherwise required to be heard in accordance with this Division
13 by the board of appeals, or when a hearing officer is designated to hear
and decide appeals from and review any order, requirement, decision or
determination made by an administrative official charged with the
enforcement of any ordinance adopted pursuant to this Division 13: (i)
notice of hearing shall be given
in the same time and manner as is provided by this Division 13 for the giving
of notice of hearing when any such matter is to be heard by the board of
appeals; (ii) the hearing officer in passing upon and determining any matter
otherwise within the jurisdiction of the board of appeals shall be governed
by all of the standards, rules and conditions imposed by this Division 13
to govern the board of appeals when it passes upon and determines any such
matter; and (iii) the hearing officer shall exercise and perform all of
the powers and duties of the board of appeals in the same manner and to
the same effect as provided in this Division 13 with respect to the board
of appeals, provided that:
1. When the hearing officer is passing upon an application for variation
or special use and the power to determine and approve such variation or
special use is reserved to the corporate authorities, then upon report of
the hearing officer the corporate authorities may by ordinance without further
public hearing adopt any proposed variation or special use or may refer
it back to the hearing officer for further consideration, and any proposed
variation or special use which fails to receive the approval of the hearing
officer shall not be passed except by the favorable vote of 2/3 of all alderperson
or trustees of the municipality;
2. When the hearing officer is passing upon an application for variation
or special use and the power to determine and approve such variation or
special use is not reserved to the corporate authorities, or when the hearing
officer is hearing and deciding appeals from or reviewing any order,
requirement, decision or determination made by an administrative official
charged with the enforcement of any ordinance adopted pursuant to this
Division 13, the determination made by the hearing officer with respect to
any such matter shall constitute a final administrative decision which is
subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended.
(D) The corporate authorities of the municipality may provide general
or specific rules implementing but not inconsistent with the provisions
of this Section, including rules relative to the time and manner in which
hearing officers are designated to conduct public hearings and rules governing
the manner in which such hearings are conducted and matters heard therein
passed upon and determined.
(E) Hearing officers shall be appointed on the basis of training and
experience which qualifies them to conduct hearings, make recommendations
or findings of fact and conclusions on the matters heard and otherwise
exercise and perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive such
compensation as the corporate authorities of the municipality shall
provide, and any municipality may establish a schedule of fees to defray
the costs of providing a hearing officer.
(F) This Section is intended to furnish an alternative or supplemental
procedure which a municipality in its discretion may provide for hearing,
determining, reviewing and deciding matters which arise under any ordinance
adopted by the municipality pursuant to this Division 13, but nothing in
this Section shall be deemed to limit or prevent the use of any existing
procedure available to a municipality under this Division 13 for hearing,
approving or denying applications for a special use, variation, amendment
or other change or modification of any such ordinance, or for hearing and
deciding appeals from and reviewing any order, requirement, decision or
determination made by an administrative official charged with the enforcement
of any such ordinance.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-15
(65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
Sec. 11-13-15.
In case any building or structure, including fixtures,
is constructed, reconstructed, altered, repaired, converted, or
maintained, or any building or structure, including fixtures, or land,
is used in violation of an ordinance or ordinances adopted under
Division 13, 31 or 31.1 of the Illinois Municipal Code, or of any
ordinance or other regulation made under the authority conferred
thereby, the proper local authorities of the municipality, or any owner
or tenant of real property, within 1200 feet in any direction of the
property on which the building or structure in question is located who shows
that his property or person will be substantially affected by the alleged
violation, in addition to other remedies, may institute any
appropriate action or proceeding (1) to prevent the unlawful
construction, reconstruction, alteration, repair, conversion,
maintenance, or use, (2) to prevent the occupancy of the building,
structure, or land, (3) to prevent any illegal act, conduct, business,
or use in or about the premises, or (4) to restrain, correct, or abate
the violation. When any such action is instituted by an owner or tenant,
notice of such action shall be served upon the municipality at the time
suit is begun, by serving a copy of the complaint on the chief executive
officer of the municipality, no such action may be maintained until such
notice has been given.
In any action or proceeding for a purpose mentioned in this section,
the court with jurisdiction of such action or proceeding has the power
and in its discretion may issue a restraining order, or a preliminary
injunction, as well as a permanent injunction, upon such terms and under
such conditions as will do justice and enforce the purposes set forth
above.
If an owner or tenant files suit hereunder and the court finds that
the defendant has engaged in any of the foregoing prohibited activities,
then the court shall allow the plaintiff a reasonable sum of money for
the services of the plaintiff's attorney. This allowance shall be a part
of the costs of the litigation assessed against the defendant, and may
be recovered as such.
An owner or tenant need not prove any specific, special or unique
damages to himself or his property or any adverse effect upon his
property from the alleged violation in order to maintain a suit under
the foregoing provisions. Except in relation to municipality-owned property, this Section does not authorize any suit against a municipality or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division.
(Source: P.A. 100-595, eff. 6-29-18.)
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65 ILCS 5/11-13-16
(65 ILCS 5/11-13-16) (from Ch. 24, par. 11-13-16)
Sec. 11-13-16.
All zoning ordinances and regulations adopted prior to
January 1, 1942, by any municipality pursuant to the provisions of "An Act
to confer certain additional powers upon city councils in cities and
presidents and boards of trustees in villages and incorporated towns
concerning buildings and structures, the intensity of use of lot areas, the
classification of trades, industries, buildings, and structures, with
respect to location and regulation, the creation of districts of different
classes, the establishment of regulations and restrictions applicable
thereto, the establishment of boards of appeals and the review of the
decisions of such boards by the court", approved June 28, 1921, as amended,
and all committees, commissions, boards, and officers designated or
appointed by any municipality pursuant to the provisions of that Act, or
pursuant to the provisions of any ordinance or regulations adopted under
that Act, shall be recognized, considered, and treated as having been
properly adopted, designated, established, or appointed under this Division
13.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-17
(65 ILCS 5/11-13-17) (from Ch. 24, par. 11-13-17)
Sec. 11-13-17.
In addition to all rights and powers conferred by this
Division 13, the corporate authorities in each municipality may acquire by
purchase, condemnation or otherwise any buildings or structures which do
not conform to the standards fixed by the corporate authorities pursuant to
Section 11-13-1, and all land which is necessary or appropriate for the
rehabilitation or redevelopment of any area blighted by substandard
buildings or structures; may remove or demolish all substandard buildings
and structures so acquired; may hold and use any remaining property for
public purposes; and may sell, lease or exchange such property as is not
required for public purposes, subject to the provisions of the existing
zoning ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-18
(65 ILCS 5/11-13-18) (from Ch. 24, par. 11-13-18)
Sec. 11-13-18.
All testimony by witnesses in any hearing provided for in
this Division 13 shall be given under oath.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-19
(65 ILCS 5/11-13-19) (from Ch. 24, par. 11-13-19)
Sec. 11-13-19.
Except as otherwise provided in this section, the corporate
authorities shall cause to be published no later than March 31 of each year
a map clearly showing the existing zoning uses, divisions, restrictions,
regulations and classifications of such municipality for the preceding
calendar year. The first map published in 1960 shall reflect all zoning
uses, divisions, restrictions, regulations and classifications in effect on
and prior to December 31, 1959. If in any calendar year after the first map
is published there are no changes in zoning uses, divisions, restrictions,
regulations and classifications in such municipality, no map shall be
published for such calendar year.
The map published by the corporate authorities shall be the official
zoning map. The corporate authorities may establish a fee to be charged any
person desiring a copy of such map. Such fee shall be paid to the
appropriate zoning officer and shall be applied to defray the cost of
publication of the official map.
(Source: Laws 1963, p. 3136.)
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65 ILCS 5/11-13-20
(65 ILCS 5/11-13-20) (from Ch. 24, par. 11-13-20)
Sec. 11-13-20.
In any hearing before a zoning commission, board of appeals,
or commission or committee designated pursuant to Section 11-13-14, any
school district within which the property in issue, or any part thereof, is
located shall have the right to appear and present evidence.
(Source: Laws 1963, p. 2259.)
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65 ILCS 5/11-13-22 (65 ILCS 5/11-13-22) Sec. 11-13-22. Public hearing procedures for municipalities of less than 500,000. In a municipality of less than 500,000 inhabitants, the corporate authorities may adopt or authorize the zoning board of appeals and any other board, commission, or committee that conducts public hearings under this Division to adopt rules of procedures governing those public hearings. The rules of procedures may concern participation in public hearings and the participants' rights to cross examine witnesses and to present testimony and evidence, and any other relevant matter.
(Source: P.A. 97-552, eff. 8-25-11.) |
65 ILCS 5/11-13-25 (65 ILCS 5/11-13-25) Sec. 11-13-25. Actions subject to de novo review; due process.
(a) Any decision by the corporate authorities of any municipality, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
65 ILCS 5/11-13-26 (65 ILCS 5/11-13-26) Sec. 11-13-26. Wind farms. Notwithstanding any other provision of law: (a) A municipality may regulate wind farms and | | electric-generating wind devices within its zoning jurisdiction and within the 1.5 mile radius surrounding its zoning jurisdiction. There shall be at least one public hearing not more than 30 days prior to a siting decision by the corporate authorities of a municipality. Notice of the hearing shall be published in a newspaper of general circulation in the municipality. A commercial wind energy facility owner, as defined in the Renewable Energy Facilities Agricultural Impact Mitigation Act, must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a municipality prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the municipality to grant the permit extension. A municipality may allow test wind towers to be sited without formal approval by the corporate authorities of the municipality. Test wind towers must be dismantled within 3 years of installation. For the purposes of this Section, "test wind towers" are wind towers that are designed solely to collect wind generation data.
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(b) A municipality may not require a wind tower or
| | other renewable energy system that is used exclusively by an end user to be setback more than 1.1 times the height of the renewable energy system from the end user's property line. A setback requirement imposed by a municipality on a renewable energy system may not be more restrictive than as provided under this subsection. This subsection is a limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
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| (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; 99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
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65 ILCS 5/11-13-27 (65 ILCS 5/11-13-27) Sec. 11-13-27. Special provisions relating to public schools. (a) In exercising the powers under this Division with respect to public school districts, a municipality shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (a) is declarative of existing law and does not change the substantive operation of this Division. (b) In processing zoning applications from public school districts, a municipality shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the municipality for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the municipality, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the municipality.
(Source: P.A. 99-890, eff. 8-25-16.) |
65 ILCS 5/Art. 11 Div. 14
(65 ILCS 5/Art. 11 Div. 14 heading)
DIVISION 14.
SET-BACK LINES
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65 ILCS 5/11-14-1
(65 ILCS 5/11-14-1) (from Ch. 24, par. 11-14-1)
Sec. 11-14-1.
In addition to existing powers and to the end that adequate
light, pure air, or safety may be secured and that congestion of public
streets may be lessened or avoided, the corporate authorities in each
municipality have power by ordinance to establish, regulate, and limit the
building or set-back lines on or along any street, traffic way, drive, or
parkway or storm or floodwater runoff channel within the municipality, as
may be deemed best suited to carry out these purposes. The powers given by
this Division 14 shall not be exercised so as to deprive the owner of any
existing property of its use or maintenance for the purpose to which it is
then lawfully devoted.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-14-2
(65 ILCS 5/11-14-2) (from Ch. 24, par. 11-14-2)
Sec. 11-14-2.
All ordinances passed under the terms of this Division 14
shall be enforced by such officers of the municipality as may be designated
by ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-14-3
(65 ILCS 5/11-14-3) (from Ch. 24, par. 11-14-3)
Sec. 11-14-3.
The regulations imposed under the authority of this Division
14 may be amended from time to time by ordinance after the ordinance
establishing the regulations has gone into effect, but no amendment shall
be made without a hearing before a commission or committee designated by
the corporate authorities of the municipality. A notice of the time and
place of such a hearing shall be given at least once, not more than 30 nor
less than 15 days before the hearing, by publishing a notice thereof 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 instead be
made by posting a notice in 3 prominent places within the municipality. An
amendment shall not be passed except by a favorable vote of two-thirds of
the members of the city council then holding office in cities or members of
the board of trustees then holding office in villages or incorporated
towns.
(Source: Laws 1967, p. 3425.)
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65 ILCS 5/11-14-4
(65 ILCS 5/11-14-4) (from Ch. 24, par. 11-14-4)
Sec. 11-14-4.
In case any structure is erected or constructed in violation
of this Division 14 or of any ordinance made under the authority conferred
by this Division 14, the proper officers of the municipality, in addition
to other remedies, may institute any appropriate action or proceeding (1)
to prevent the unlawful erection or construction, (2) to restrain, correct,
or abate the violation, (3) to prevent the occupancy of the structure, or
(4) to prevent any illegal act, conduct, business, or use in or about the
premises.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 15
(65 ILCS 5/Art. 11 Div. 15 heading)
DIVISION 15.
APPROVAL OF MAPS AND PLATS
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65 ILCS 5/11-15-1
(65 ILCS 5/11-15-1) (from Ch. 24, par. 11-15-1)
Sec. 11-15-1.
The corporate authorities may provide, by ordinance, that any
map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or
of any piece or parcel of land, shall be submitted to the corporate
authorities, or to some officer to be designated by them, for their or his
approval. In that case no such map, plat, or subdivision shall be entitled
to record in the proper county, or have any validity until it has been so
approved. If any municipality has adopted a subdivision ordinance pursuant
to Division 12 of Article 11 of this code, as heretofore and hereinafter
amended, all subdivision plats shall be submitted for approval and
approved in the manner provided in such ordinance. Until approved by the
corporate authorities, or such officer designated by them, no such map,
plat or subdivision plat shall be entitled to record in the proper county,
or have any validity whatever.
(Source: Laws 1961, p. 2425.)
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65 ILCS 5/Art. 11 Div. 15.1
(65 ILCS 5/Art. 11 Div. 15.1 heading)
DIVISION 15.1.
ANNEXATION AGREEMENTS
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65 ILCS 5/11-15.1-1
(65 ILCS 5/11-15.1-1) (from Ch. 24, par. 11-15.1-1)
Sec. 11-15.1-1.
The corporate authorities of any municipality may enter
into an annexation agreement with one or more of the owners of record
of land in unincorporated territory. That land may be annexed to the
municipality in the manner provided in Article 7 at the time the land is or
becomes contiguous to the municipality. The agreement shall be valid and
binding for a period of not to exceed 20 years from the date of its execution.
Lack of contiguity to the municipality of property that is the subject of
an annexation agreement does not affect the validity of the agreement
whether approved by the corporate authorities before or after the effective
date of this amendatory Act of 1990.
This amendatory Act of 1990 is declarative of existing law and does not
change the substantive operation of this Section.
(Source: P.A. 86-1169; 87-1137.)
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65 ILCS 5/11-15.1-2
(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
Sec. 11-15.1-2.
Any such agreement may provide for the following as it
relates to the land which is the subject of the agreement:
(a) The annexation of such territory to the municipality, subject to the
provisions of Article 7.
(b) The continuation in effect, or amendment, or continuation in effect
as amended, of any ordinance relating to subdivision controls, zoning,
official plan, and building, housing and related restrictions; provided,
however, that any public hearing required by law to be held before the
adoption of any ordinance amendment provided in such agreement shall be
held prior to the execution of the agreement, and all ordinance amendments
provided in such agreement shall be enacted according to law.
(c) A limitation upon increases in permit fees required by the
municipality.
(d) Contributions of either land or monies, or both, to any
municipality
and to other units of local government having
jurisdiction over all or part of land that is the subject matter of any annexation agreement entered
into under the provisions of this Section shall be deemed valid when made and
shall survive the expiration date of any such annexation agreement with respect
to all or any part of the land that was the subject matter of the annexation
agreement.
(e) The granting of utility franchises for such land.
(e-5) The abatement of property taxes.
(f) Any other matter not inconsistent with the provisions of this Code,
nor forbidden by law.
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the
subject of the agreement, would be a breach of such agreement, shall not
apply to such land without an amendment of such agreement.
After the effective term of any annexation agreement and unless otherwise
provided for within the annexation agreement or an amendment to the annexation
agreement, the
provisions of any ordinance relating to the zoning of the land that is
provided for within the agreement or an amendment to the agreement, shall
remain in effect unless modified in
accordance with law. This amendatory Act of 1995 is declarative of existing
law and shall apply to all annexation agreements.
(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, eff.
7-1-97.)
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65 ILCS 5/11-15.1-2.1
(65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
Sec. 11-15.1-2.1. Annexation agreement; municipal jurisdiction.
(a) Except as provided in subsections (b) and (c), property that is the subject of an annexation agreement adopted
under this Division is subject to the ordinances, control, and jurisdiction
of the annexing municipality in all respects the same as property that lies
within the annexing municipality's corporate limits.
(b) This Section shall not apply in (i) a county with a population of more
than 3,000,000, (ii) a county that borders a county with a population of
more than 3,000,000
or (iii) a county with a population of more than
246,000 according to the 1990 federal census and bordered by the Mississippi
River,
unless the parties to the annexation agreement have, at the
time the agreement is signed, ownership or control of all property
that would make the property that is the subject of the agreement contiguous
to the annexing municipality, in which case the property that is the subject of
the annexation agreement is subject to the ordinances, control, and
jurisdiction of the municipality in all respects the same as property owned by
the municipality that lies within its corporate limits.
(b-5) The limitations of item (iii) of subsection (b) do not apply to property that is the subject of an annexation agreement adopted under this Division within one year after the effective date of this amendatory Act of the 95th General Assembly with a coterminous home rule municipality, as of June 1, 2009, that borders the Mississippi River, in a county with a population in excess of 258,000, according to the 2000 federal census, if all such agreements entered into by the municipality pertain to parcels that comprise a contiguous area of not more than 120 acres in the aggregate.
(c) Except for property located in a county referenced in subsection (b) of this Section, if any property or any portion of a property that is located more than 1.5 miles from a municipality's corporate limits in a county where the county board has voted to maintain the ordinances, control, and jurisdiction of the property by a two-thirds affirmative vote, that property is subject to the ordinances, control, and jurisdiction of the county.
(d) If the county board retains jurisdiction under subsection (c) of this Section, the annexing municipality may file a request for jurisdiction with the county board on a case by case basis. If the county board agrees by the affirmative vote of a majority of its members, then the property covered by the annexation agreement shall be subject to the ordinances, control, and jurisdiction of the annexing municipality.
(Source: P.A. 96-163, eff. 1-1-10; 96-188, eff. 8-10-09; 96-1000, eff. 7-2-10; 97-404, eff. 8-16-11.)
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65 ILCS 5/11-15.1-3
(65 ILCS 5/11-15.1-3) (from Ch. 24, par. 11-15.1-3)
Sec. 11-15.1-3.
Any such agreement executed after July 31, 1963 and all
amendments of annexation agreements, shall be entered into in the following
manner. The corporate authorities shall fix a time for and hold a public
hearing upon the proposed annexation agreement or amendment, and shall give
notice of the proposed agreement or amendment not more than 30 nor less
than 15 days before the date fixed for the hearing. This notice shall be
published 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 annexing municipality.
After such hearing the agreement or amendment may be modified before
execution thereof. The annexation agreement or amendment shall be executed
by the mayor or president and attested by the clerk of the municipality
only after such hearing and upon the adoption of a resolution or ordinance
directing such execution, which resolution or ordinance must be passed by a
vote of two-thirds of the corporate authorities then holding office.
(Source: P.A. 76-912.)
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65 ILCS 5/11-15.1-4
(65 ILCS 5/11-15.1-4) (from Ch. 24, par. 11-15.1-4)
Sec. 11-15.1-4.
Any annexation agreement executed pursuant to this Division
15.1, or in conformity with Section 11-15.1-5 hereof, shall be binding upon the
successor owners of record of the land which is the subject of the agreement
and upon successor municipal authorities of the municipality and successor
municipalities. Any party to such agreement may by civil action, mandamus,
injunction or other proceeding, enforce and compel performance of the
agreement.
A lawsuit to enforce and compel performance of the agreement must be filed
within the effective term of the agreement or within 5 years from the date the
cause of action accrued, whichever time is later.
(Source: P.A. 89-432, eff. 6-1-96.)
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65 ILCS 5/11-15.1-5
(65 ILCS 5/11-15.1-5) (from Ch. 24, par. 11-15.1-5)
Sec. 11-15.1-5.
Any annexation agreement executed prior to October 1, 1973 which was
executed pursuant to a two-thirds vote of
the corporate authorities and which contains provisions not inconsistent
with Section 11-15.1-2 hereof is hereby declared valid and enforceable as
to such provisions for the effective period of such agreement, or for 20
years from the date of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1985 may
be extended to a date which is not later than 20
years from the date of execution of the original Annexation Agreement.
(Source: P.A. 84-835.)
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65 ILCS 5/Art. 11 Div. 15.2
(65 ILCS 5/Art. 11 Div. 15.2 heading)
DIVISION 15.2.
ANNEXATION; DRAINAGE DISTRICTS (Source: P.A. 94-266, eff. 1-1-06 .) |
65 ILCS 5/11-15.2-1 (65 ILCS 5/11-15.2-1)
Sec. 11-15.2-1. If authorized by an agreement approved by the court pursuant to notice as required by Section 4-22 of the Illinois Drainage Code (70 ILCS 605/4-22), a municipality and a drainage district may enter into an implementing agreement to provide for the automatic detachment of land from the drainage district when the land is annexed to the municipality. An implementing agreement shall not be required to comply with the provisions of Sections 4-19 through 4-24 of the Illinois Drainage Code (70 ILCS 605/4-19 through 605/4-24) and may authorize the filing of certificates as provided in this Section. Upon the filing of a certificate, executed by a drainage district in compliance with Section 4-11 of the Illinois Drainage Code (70 ILCS 605/4-11) and by an annexing municipality, the land described in the certificate shall be detached from the drainage district and annexed to the annexing municipality as of the date of filing. The certificate shall be filed with the drainage district clerk and the county clerk where the land is located. The legal effect of the filing of a certificate shall be the same as a court order entered pursuant to Section 8-20 of the Illinois Drainage Code (70 ILCS 605/8-20).
(Source: P.A. 94-266, eff. 1-1-06.) |
65 ILCS 5/Art. 11 Div. 15.3
(65 ILCS 5/Art. 11 Div. 15.3 heading)
DIVISION 15.3. WIND FARMS
(Source: P.A. 96-328, eff. 8-11-09.) |
65 ILCS 5/11-15.3-1 (65 ILCS 5/11-15.3-1) Sec. 11-15.3-1. Wind farms. A municipality may own and operate a wind generation turbine farm, either individually or jointly with another unit of local government, school district, or community college district that is authorized to own and operate a wind generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the municipality. The municipality may ask for the assistance of any State agency, including without limitation the Department of Commerce and Economic Opportunity, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08.) |
65 ILCS 5/Art. 11 Div. 15.4
(65 ILCS 5/Art. 11 Div. 15.4 heading)
DIVISION 15.4. MUNICIPAL URBAN AGRICULTURAL AREAS
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-5 (65 ILCS 5/11-15.4-5) Sec. 11-15.4-5. Definitions. As used in this Division: "Agricultural product" means an agricultural, horticultural, viticultural, aquacultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this State. "Agricultural product" includes, but is not limited to, growing of grapes that will be processed into wine; bees; honey; fish or other aquacultural product; planting seed; livestock or livestock product; forestry product; and poultry or poultry product. "Aquaculture" means the controlled propagation, growth and harvest of aquatic organisms, including but not limited to fish, shellfish, mollusks, crustaceans, algae and other aquatic plants, by an aquaculturist. "Aquatic products" means any aquatic plants and animals or their by-products that are produced, grown, managed, harvested and marketed on an annual, semi-annual, biennial or short-term basis, in permitted aquaculture facilities. "Department" means the Department of Agriculture. "Livestock" means cattle; calves; sheep; swine; ratite birds, including, but not limited to, ostrich and emu; aquatic products obtained through aquaculture; llamas; alpaca; buffalo; elk documented as obtained from a legal source and not from the wild; goats; horses and other equines; or rabbits raised in confinement for human consumption. "Locally grown" means a product that was grown or raised in the same county or adjoining county in which the urban agricultural area is located. "Partner organization" means a nonprofit organization that meets standards set forth by Section 501(c)(3) of the Internal Revenue Code and whose mission includes supporting small, beginning, limited resource, or socially-disadvantaged farmers within municipalities. "Poultry" means any domesticated bird intended for human consumption. "Qualifying farmer" means an individual or entity that meets at least one of the following: (1) is a small or medium sized farmer; (2) is a beginning farmer; (3) is a limited resource farmer; or (4) is a socially-disadvantaged farmer. "Small or medium sized farmer", "beginning farmer", "limited resource farmer", and "socially-disadvantaged farmer" have the meanings given to those terms in rules adopted by the Department as provided in Section 205-65 of the Department of Agriculture Law. "Urban agricultural area" means an area defined by a municipality and entirely within that municipality's boundaries within which one or more qualifying farmers are processing, growing, raising, or otherwise producing locally-grown agricultural products.
(Source: P.A. 102-555, eff. 1-1-22 .) |
65 ILCS 5/11-15.4-10 (65 ILCS 5/11-15.4-10) Sec. 11-15.4-10. Urban agricultural area committee. (a) The corporate authorities of a municipality that seek to establish an urban agricultural area shall first establish an urban agricultural area committee after it receives an application to establish an urban agricultural area under Section 11-15.4-15. There shall be 5 members on the committee. One member of the committee shall be a member of the municipality's board and shall be appointed by the board.
The remaining 4 members shall be appointed by the president or mayor of the municipality. The 4 members chosen by the president or mayor shall all be residents of the municipality in which the urban agricultural area is to be located, and at least one of the 4 members shall have experience in or represent an organization associated with sustainable agriculture, urban farming, community gardening, or any of the activities or products authorized by this Division for urban agricultural areas. (b) The members of the committee annually shall elect a chair from among the members. The members shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (c) A majority of the members shall constitute a quorum of the committee for the purpose of conducting business and exercising the powers of the committee and for all other purposes. Action may be taken by the committee upon a vote of a majority of the members present. (d) The role of the committee shall be to conduct the activities necessary to advise the corporate authorities of the municipality on the designation, modification, and termination of an urban agricultural area and any other advisory duties as determined by the corporate authorities of the municipality. The role of the committee after the designation of an urban agricultural area shall be review and assessment of an urban agricultural area's activities.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-15 (65 ILCS 5/11-15.4-15) Sec. 11-15.4-15. Application for an urban agricultural area; review; dissolution. (a) A qualified farmer or partner organization may submit to the municipal clerk an application to establish an urban agricultural area. The application shall demonstrate or identify: (1) that the applicant is a qualified farmer; (2) the number of jobs to be created, maintained, or | | supported within the proposed urban agricultural area;
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| (3) the types of products to be produced; and
(4) the geographic description of the area that will
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| (b) An urban agricultural area committee shall review and modify the application as necessary before the municipality either approves or denies the request to establish an urban agricultural area.
(c) Approval of the urban agricultural area by a municipality shall be reviewed every 5 years after the development of the urban agricultural area. After 25 years, the urban agricultural area shall dissolve. If the municipality finds during its review that the urban agricultural area is not meeting the requirements set out in this Division, the municipality may dissolve the urban agricultural area by ordinance or resolution.
(Source: P.A. 100-1133, eff. 1-1-19.)
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65 ILCS 5/11-15.4-20 (65 ILCS 5/11-15.4-20) Sec. 11-15.4-20. Notice and public hearing; urban agricultural area ordinance. Prior to the adoption of an ordinance designating an urban agricultural area, the urban agricultural area committee shall fix a time and place for a public hearing and notify each taxing unit of local government located wholly or partially within the boundaries of the proposed urban agricultural area. The committee shall publish notice of the hearing in a newspaper of general circulation in the area to be affected by the designation at least 20 days prior to the hearing but not more than 30 days prior to the hearing. The notice shall state the time, location, date, and purpose of the hearing. At the public hearing, any interested person or affected taxing unit of local government may file with the committee written objections or comments and may be heard orally in respect to, any issues embodied in the notice. The committee shall hear and consider all objections, comments, and other evidence presented at the hearing. The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing. Following the conclusion of the public hearing required under this Section, the corporate authorities of the municipality may adopt an ordinance establishing and designating an urban agricultural area.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-25 (65 ILCS 5/11-15.4-25) Sec. 11-15.4-25. Taxation of property; water rates and charges. (a) If authorized by the ordinance that establishes an urban agricultural area under Section 11-15.4-20, a municipality may provide for the abatement of taxes it levies upon real property located within an urban agricultural area that is used by a qualifying farmer for processing, growing, raising, or otherwise producing agricultural products under item (11) of subsection (a) of Section 18-165 of the Property Tax Code. Parcels of property assessed under Section 10-110 of the Property Tax Code are not eligible for the abatements provided in this subsection; except that if real property assessed under Section 10-110 is reassessed and is subsequently no longer assessed under Section 10-110, that property becomes eligible for the abatements provided for in this Section. Real property located in a redevelopment area created under the Tax Increment Allocation Redevelopment Act and an urban agricultural area created under this Division may be eligible for an abatement under this Section, but only with respect to the initial equalized assessed value of the real property. (b) A municipality may authorize an entity providing water, electricity, or other utilities to an urban agricultural area to allow qualified farmers and partner organizations in the urban agricultural area to: (1) pay wholesale or otherwise reduced rates for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products; or (2) pay reduced or waived connection charges for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-30 (65 ILCS 5/11-15.4-30) Sec. 11-15.4-30. Unreasonable restrictions and regulations; special assessments and levies. (a) A municipality may not exercise any of its powers to enact ordinances within an urban agricultural area in a manner that would unreasonably restrict or regulate farming practices in contravention of the purposes of this Act unless the restrictions or regulations bear a direct relationship to public health or safety. (b) A unit of local government providing public services, such as sewer, water, lights, or non-farm drainage, may not impose benefit assessments or special ad valorem levies on land within an urban agricultural area on the basis of frontage, acreage, or value unless the benefit assessments or special ad valorem levies were imposed prior to the formation of the urban agricultural area or unless the service is provided to the landowner on the same basis as others having the service.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/Art 11 prec Div 16
(65 ILCS 5/Art 11 prec Div 16 heading)
HEALTH REGULATIONS
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65 ILCS 5/Art. 11 Div. 16
(65 ILCS 5/Art. 11 Div. 16 heading)
DIVISION 16.
HEALTH BOARDS - GENERAL
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65 ILCS 5/11-16-1
(65 ILCS 5/11-16-1) (from Ch. 24, par. 11-16-1)
Sec. 11-16-1.
The corporate authorities of each municipality may provide
for and maintain a board of health, consisting of more than one person, and
to prescribe its powers and duties, except where a municipality has adopted
the provisions of Division 17.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 17
(65 ILCS 5/Art. 11 Div. 17 heading)
DIVISION 17.
HEALTH BOARDS IN MUNICIPALITIES OF
FROM 100,000 TO 200,000
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65 ILCS 5/11-17-1
(65 ILCS 5/11-17-1) (from Ch. 24, par. 11-17-1)
Sec. 11-17-1.
When authorized in the manner provided by Section 11-17-2 the
corporate authorities of each municipality with a population of more
than 100,000 and less than 200,000 shall establish and maintain a public
health board for the use and benefit of the inhabitants of the
municipality and shall levy annually a tax of not to exceed .075% of the
value, as equalized or assessed by the Department of Revenue, on all taxable
property in the municipality. In those
municipalities in which a public health board has been established under
this Division 17 before July 24, 1967, the corporate authorities shall
levy annually a tax not exceeding .075% of the value, as equalized or
assessed by the Department of Revenue, on all taxable
property in the municipality. The tax levied under this Section shall be
levied and collected in like manner as are the general taxes of the
collecting municipality, and the money so collected shall be known as
the public health board fund. The tax shall be in addition to all other
taxes which the municipality is now, or may be hereafter, authorized to
levy upon the property within the municipality, and shall be in addition
to the amount authorized to be levied for general purposes as provided
in Section 8-3-1.
If the municipality is situated within any county or multiple-county
health department for whose benefit a tax is levied under "An Act in
relation to the establishment and maintenance of county and
multiple-county public health departments", approved July 9, 1943, as
now or hereafter amended, the county clerk shall reduce and abate from
the tax levied by the authority of this Division 17 a rate which would
produce an amount equal to the amount of the tax accruing to the
municipality under the above-named Act.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-17-2
(65 ILCS 5/11-17-2) (from Ch. 24, par. 11-17-2)
Sec. 11-17-2.
When 100 electors of any municipality specified in
Section 11-17-1 present a petition to the clerk of the
municipality asking that an annual tax be levied for the establishment
and maintenance of a public health board in the municipality, the
municipal clerk shall certify the proposition for submission to the voters
of the municipality at an election in accordance with the general election
law. The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the municipality of.... YES establish and maintain a public health - - - - - - - - - - - - - - - - - - - - - -
board and levy an annual tax therefor? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors voting upon the question are in favor
of the proposition, the corporate authorities of the municipality shall
proceed as provided in Section 11-17-1. Thereafter, the corporate
authorities shall include in the annual appropriation ordinance an
appropriation from the public health board fund of such amount as may be
necessary to defray all necessary expenses and liabilities of the public
health board.
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-17-3
(65 ILCS 5/11-17-3) (from Ch. 24, par. 11-17-3)
Sec. 11-17-3.
When it has been decided to establish and maintain a public
health board under this Division 17, the mayor or president, with the
approval of the corporate authorities, shall appoint a board of 5
directors, 2 of whom are duly licensed to practice medicine and surgery in
the State of Illinois and have been in the actual practice of their
profession, and the other 3 of whom are citizens of the municipality. The
directors shall be chosen with reference to their special fitness for that
office.
One of the directors shall be appointed to hold office for one year, one
for 2 years, one for 3 years, one for 4 years, and one for 5 years from the
first day of July following their appointments. At the expiration of the
term of any director, the mayor or president, with the approval of the
corporate authorities, shall appoint a successor, or reappoint that
director, who shall hold office for 5 years and until his successor is
appointed and has qualified. A majority of the directors, with the consent
of the mayor or president and the corporate authorities, may remove any
director for misconduct or neglect of duty.
Vacancies in the board of directors, however occasioned, shall be filled
in like manner as original appointments. No director shall receive
compensation for serving as a director. No director shall be interested in
a private capacity, either directly or indirectly, in the purchase or sale
of any supplies for the public health board.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-17-4
(65 ILCS 5/11-17-4) (from Ch. 24, par. 11-17-4)
Sec. 11-17-4.
Immediately after their appointment, the directors shall meet
and organize by electing one of their number as president and one as
secretary and by electing such other officers as they may deem necessary.
They shall adopt such by-laws, rules, and regulations for their own
guidance and for the government of the public health board as may be
expedient and not inconsistent with this Division 17 or with the ordinances
of the municipality. They have the exclusive control of the expenditure of
all money collected to the credit of the public health board fund. All
money received for the public health board shall be deposited in the
municipal treasury to the credit of the public health board fund and shall
not be used for any other purpose. The money shall be drawn upon by the
proper municipal officer upon the properly authenticated vouchers of the
board of directors.
The board has the power to appoint suitable assistants and other
employees and fix their compensation, and to remove such appointees. The
board, in general, shall carry out the spirit and intent of this Division
17 in establishing and maintaining a public health board. In a city which
has adopted or hereafter adopts Division 1 of Article 10, all
appointments and all removals of assistants or other employees shall be
made pursuant to the provisions of that Division 1 of Article 10 and not
otherwise, except that persons may be employed temporarily until persons
ranked upon the register under Division 1 of Article 10 for positions or
offices which are held under Division 1 of Article 10 are available for
service. Persons so appointed for temporary service shall hold their
positions as temporary appointees under Division 1 of Article 10.
Each officer and employee of the public health board is an officer or
employee, as the case may be, of the municipality in which the public
health board is established.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-17-5
(65 ILCS 5/11-17-5) (from Ch. 24, par. 11-17-5)
Sec. 11-17-5.
The public health board may initiate and maintain activities
for the promotion of maternal child health, industrial hygiene, mental
health, sanitary housing, public health education, and shall have the right
to inspect and regulate all food and milk products kept or offered for sale
within the jurisdiction of the board; may prevent and suppress contagious
diseases, and may initiate and maintain programs or activities which from
time to time may become necessary or proper for the promotion of public
health within the jurisdiction of the board.
(Source: P.A. 76-649.)
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65 ILCS 5/11-17-6
(65 ILCS 5/11-17-6) (from Ch. 24, par. 11-17-6)
Sec. 11-17-6.
The public health board may accept gifts or gratuities of any
kind, and may use such gifts or gratuities for any of the purposes
authorized by this Division 17.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-17-7
(65 ILCS 5/11-17-7) (from Ch. 24, par. 11-17-7)
Sec. 11-17-7.
The board of directors may lease or acquire and take title in
the name of public health board to such real estate as may be reasonably
necessary for the housing and the proper functioning of any and all
divisions of such health department and may make exchanges of real estate
and may maintain, repair, remodel, or improve the same when in the judgment
of the board of directors such exchanges, repairs, remodeling or
improvements are reasonably necessary. Such leasing, acquisition,
exchanges, maintenance, repairs, remodeling and improvements may be made
with monies of the public health board fund.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-17-8
(65 ILCS 5/11-17-8) (from Ch. 24, par. 11-17-8)
Sec. 11-17-8.
Rules and regulations adopted or enacted into an ordinance in
conformity with Section 11-17-5 shall be enforced in the same manner as
municipal ordinances. Any person who violates any of these rules and
regulations is guilty of a petty offense and on conviction thereof shall be
punished by a fine of not less than $10, nor more than $100, for each
offense. Each day a violation continues is a separate offense.
(Source: P.A. 77-2500.)
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65 ILCS 5/11-17-9
(65 ILCS 5/11-17-9) (from Ch. 24, par. 11-17-9)
Sec. 11-17-9.
When the board of directors of any public health board
established and maintained under this Division 17 makes a written
recommendation to the corporate authorities for the discontinuance of
the public health board, stating in their recommendation the reasons
therefor, or when at least 20% of the electors of the municipality, as
shown by the last general municipal election, present a petition to the
corporate authorities asking for the discontinuance of the public health
board, the corporate authorities may pass an ordinance providing for the
discontinuance of the board.
This ordinance shall be certified by the local clerk and submitted
to the electors of the municipality at an
election in accordance with the general election law. The ordinance
shall be effective only
if approved by a majority of those voting upon the question.
The methods of discontinuance provided by this section and Section
11-17-10 are exclusive.
(Source: P.A. 81-1489.)
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65 ILCS 5/11-17-10
(65 ILCS 5/11-17-10) (from Ch. 24, par. 11-17-10)
Sec. 11-17-10.
The question shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the public health board of the city (or village or YES incorporated town, as the case may be) - - - - - - - - - - - - - - - - - - - - -
of.... as provided in ordinance NO No..... be discontinued? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-17-11
(65 ILCS 5/11-17-11) (from Ch. 24, par. 11-17-11)
Sec. 11-17-11.
When any ordinance specified in Section 11-17-9 has been so
ratified, the corporate authorities, after discharging all financial
obligations of the public health board, by appropriate ordinance may
transfer any money then in the public health board fund into the general
fund of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-17-12
(65 ILCS 5/11-17-12) (from Ch. 24, par. 11-17-12)
Sec. 11-17-12.
Any public health board established and maintained under "An
Act to authorize cities and villages of more than 100,000 and less than
200,000 inhabitants to establish and maintain public health boards and to
levy an annual tax therefor," approved March 4, 1937, as amended, which was
in existence immediately prior to January 1, 1942 shall be treated as
properly established under this Division 17 and shall be continued to be
maintained under this Division 17 unless it is discontinued as provided in
this Division 17. All cities and villages whose electors have approved the
levy of an annual tax for a public health board under that Act may continue
to levy the tax under this Division 17 without submitting the question of
its levy to the electors for approval. The directors, assistants, or other
employees appointed under that Act who were in office or employed
immediately prior to January 1, 1942 shall continue in their offices and
employments under this Division 17 until the respective terms for which
they were elected or appointed have expired, subject to the applicable
provisions of this Code or other Illinois statutes as to removal.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 18
(65 ILCS 5/Art. 11 Div. 18 heading)
DIVISION 18.
COMMUNITY NURSES IN MUNICIPALITIES OF FROM 5,000 TO 100,000
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65 ILCS 5/11-18-1
(65 ILCS 5/11-18-1) (from Ch. 24, par. 11-18-1)
Sec. 11-18-1.
When a municipality with a population of more than 5,000 and
less than 100,000 has adopted this Division 18 in the manner provided by
Section 11-18-3, the mayor or president shall appoint, upon the
recommendation of the municipal board of health, one or more registered
nurses, to be known as community nurses. These nurses shall perform such
duties as may be assigned to them by the health officer of the
municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-18-2
(65 ILCS 5/11-18-2) (from Ch. 24, par. 11-18-2)
Sec. 11-18-2.
A municipality which adopts this Division 18 may levy, annually, a
tax of not more than .0075% of the value, as equalized or assessed by
the Department of Revenue, of all taxable property
therein, for the current year, to provide revenue for the salaries of
and expenses incident to the performance of the duties of the community
nurses. This tax shall be in addition to all taxes authorized by law to
be levied and collected in that municipality and shall be in addition to
the taxes authorized to be levied for general purposes under Section
8-3-1.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-18-3
(65 ILCS 5/11-18-3) (from Ch. 24, par. 11-18-3)
Sec. 11-18-3.
Whenever at least 100 electors of a specified
municipality present a petition to the municipal clerk,
asking that the question of the adoption of this Division 18 be
submitted to the electors of the municipality
the question shall be certified by the clerk and submitted to the electors of the
municipality at an election in accordance with the general election law.
The question shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the city (or village or incorporated town) of............ YES adopt Division 18 of Article 11 of the Illinois Municipal Code - - - - - - - - - - - - - - - - - - - - - - -
providing for community nurses in certain municipalities and permit a tax of not to exceed .0075% NO therefor? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the question
are in favor of the
adoption of this Division 18, such division is adopted and in force
thereafter in that municipality.
(Source: P.A. 81-1535 .)
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65 ILCS 5/11-18-4
(65 ILCS 5/11-18-4) (from Ch. 24, par. 11-18-4)
Sec. 11-18-4.
Any municipality which has heretofore adopted "An Act
providing for community nurses in certain cities, villages and incorporated
towns, and permitting a tax therefor," approved June 30, 1925, as amended,
shall be treated as having adopted this Division 18. The registered nurses
appointed to act as community nurses under that Act, who were so acting
immediately prior to January 1, 1942, shall continue to so act under this
Division 18.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 19
(65 ILCS 5/Art. 11 Div. 19 heading)
DIVISION 19.
DISPOSAL OF REFUSE, GARBAGE AND ASHES
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65 ILCS 5/11-19-1
(65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
Sec. 11-19-1. Contracts.
(a) Any city, village or incorporated town may make contracts
with any other city, village, or incorporated town or with any person,
corporation, or county, or any agency created by intergovernmental
agreement, for more than one year and not exceeding 30 years
relating to the collection and final disposition, or relating solely to
either the collection or final disposition of garbage, refuse and ashes.
A municipality may contract with private industry to operate a
designated facility for the disposal, treatment or recycling of solid
waste, and may enter into contracts with private firms or
local governments for the delivery of waste to such facility.
In regard to a contract involving a garbage, refuse, or garbage and refuse
incineration facility, the 30 year contract limitation imposed by this
Section shall be computed so that the 30 years shall not begin to run until
the date on which the facility actually begins accepting garbage or refuse.
The payments required in regard to any contract entered into under
this Division 19 shall not be regarded as indebtedness of the city,
village, or incorporated town, as the case may be, for the purpose of any
debt limitation imposed by any law. On and after the effective date of this amendatory Act of the 100th General Assembly, a municipality with a population of less than 1,000,000 shall not enter into any new contracts with any other unit of local government, by intergovernmental agreement or otherwise, or with any corporation or person relating to the collecting and final disposition of general construction or demolition debris; except that this sentence does not apply to a municipality with a population of less than 1,000,000 that is a party to: (1) a contract relating to the collecting and final disposition of general construction or demolition debris on the effective date of this amendatory Act of the 100th General Assembly; or (2) the renewal or extension of a contract relating to the collecting and final disposition of general construction or demolition debris irrespective of whether the contract automatically renews, is amended, or is subject to a new request for proposal after the effective date of this amendatory Act of the 100th General Assembly. (a-5) If a municipality with a population of less than 1,000,000 located in a county as defined in the Solid Waste and Recycling Program Act has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then the municipality may not award a franchise unless: (1) the municipality provides prior written notice | | to all haulers licensed to provide waste hauling service in that municipality of the municipality's intent to issue a request for proposal under this Section;
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| (2) the municipality adopts an ordinance requiring
| | each licensed hauler, for a period of no less than 36 continuous months commencing on the first day of the month following the effective date of such ordinance, to report every 6 months to the municipality the number of non-residential locations served by the hauler in the municipality and the number of non-residential locations contracting with the hauler for the recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act; and
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| (3) the report to the municipality required under
| | paragraph (2) of this subsection (a-5) for the final 6 months of that 36-month period establishes that less than 50% of the non-residential locations in the municipality contract for recyclable material collection services pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act.
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| All such reports shall be filed with the municipality by the hauler on or before the last day of the month following the end of the 6-month reporting period. Within 15 days after the last day for licensed haulers to file such reports, the municipality shall post on its website: (i) the information provided by each hauler pursuant to paragraph (2) of this subsection (a-5), without identifying the hauler; and (ii) the aggregate number of non-residential locations served by all licensed haulers in the municipality and the aggregate number of non-residential locations contracting with all licensed haulers in the municipality for the recyclable materials collection service under Section 10 of the Solid Waste Hauling and Recycling Program Act.
(a-10) Beginning at the conclusion of the 36-month reporting period and thereafter, and upon written request of the municipality, each licensed hauler shall, for every 6-month period, report to the municipality (i) the number of non-residential locations served by the hauler in the municipality and the number of non-residential locations contracting with the hauler for the recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act, (ii) an estimate of the quantity of recyclable materials, in tons, collected by the hauler in the municipality from non-residential locations contracting with the hauler for recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act, and (iii) an estimate of the quantity of municipal waste, in tons, collected by the hauler in the municipality from those non-residential locations. All reports for that 6-month period shall be filed with the municipality by the hauler on or before the last day of the month following the end of the 6-month reporting period. Within 15 days after the last day for licensed haulers to file such reports, the municipality shall post on its website: (i) the information provided by each hauler pursuant to this subsection (a-10), without identifying the hauler; and (ii) the aggregate number of non-residential locations served by all licensed haulers in the municipality and the aggregate number of non-residential locations contracting with all licensed haulers in the municipality for the recyclable materials collection service under Section 10 of the Solid Waste Hauling and Recycling Program Act.
A municipality subject to subsection (a-5) of this Section may not award a franchise unless 2 consecutive 6-month reports determine that less than 50% of the non-residential locations within the municipality contract for recyclable material collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act.
(b) If a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then that municipality may not award such a franchise without issuing a request for proposal. The municipality may not issue a request for proposal without first: (i) holding at least one public hearing seeking comment on the advisability of issuing a request for proposal and awarding a franchise; (ii) providing at least 30 days' written notice of the hearing, delivered by first class mail to all private entities that provide non-residential waste collection services within the municipality that the municipality is able to identify through its records; and (iii) providing at least 30 days' public notice of the hearing.
After issuing a request for proposal, the municipality may not award a franchise without first: (i) allowing at least 30 days for proposals to be submitted to the municipality; (ii) holding at least one public hearing after the receipt of proposals on whether to award a franchise to a proposed franchisee; and (iii) providing at least 30 days' public notice of the hearing. At the public hearing, the municipality must disclose and discuss the proposed franchise fee or calculation formula of such franchise fee that it will receive under the proposed franchise.
(b-5) If no request for proposal is issued within 120 days after the initial public hearing required in subsection (b), then the municipality must hold another hearing as outlined in subsection (b).
(b-10) If a municipality has not awarded a franchise within 210 days after the date that a request for proposal is issued pursuant to subsection (b), then the municipality must adhere to all of the requirements set forth in subsections (b) and (b-5).
(b-15) The franchise fee and any other fees, taxes, or charges imposed by the municipality in connection with a franchise for the collection of waste from non-residential locations must be used exclusively for costs associated with administering the franchise program.
(c) If a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then a private entity may not begin providing waste collection services to non-residential locations under a franchise agreement with that municipality at any time before the date that is 15 months after the date the ordinance or resolution approving the award of the franchise is adopted.
(d) For purposes of this Section, "waste" means garbage, refuse, or ashes as defined in Section 11-19-2.
(e) A home rule unit may not award a franchise to a private entity for the collection of waste in a manner contrary to the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(f) A municipality with a population of less than 1,000,000 shall not award a franchise or contract to any private entity for the collection of general construction or demolition debris from residential or non-residential locations. This subsection does not apply to a municipality with a population of less than 1,000,000 that is a party to: (1) a franchise or contract with a private entity for the collection of general construction or demolition debris from residential or non-residential locations on the effective date of this amendatory Act of the 100th General Assembly; or (2) the renewal or extension of a franchise or contract with a private entity for the collection of general construction or demolition debris from residential or non-residential locations irrespective of whether the franchise or contract automatically renews, is amended, or is subject to a new request for proposal after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-316, eff. 1-1-18 .)
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65 ILCS 5/11-19-2
(65 ILCS 5/11-19-2) (from Ch. 24, par. 11-19-2)
Sec. 11-19-2.
As used in this Division 19: (1) "Garbage" means wastes resulting
from the handling, preparation, cooking and consumption of food; wastes
from the handling, storage and sale of produce. (2) "Refuse" means combustible
trash, including, but not limited to, paper, cartons, boxes, barrels, wood,
excelsior, tree branches, yard trimmings, wood furniture, bedding;
noncombustible trash, including, but not limited to, metals, tin cans,
metal furniture, dirt, small quantities of rock and pieces of concrete,
glass, crockery, other mineral waste; street rubbish, including, but not
limited to, street sweepings, dirt, leaves, catch-basin dirt, contents of
litter receptacles, but refuse does not mean earth and wastes from building
operations, nor shall it include solid wastes resulting from industrial
processes and manufacturing operations such as food processing wastes,
boiler-house cinders, lumber, scraps and shavings. (3) "Ashes" means residue
from fires used for cooking and for heating buildings. (4) "General construction or demolition debris" has the meaning given to that term in Section 3.160 of the Environmental Protection Act.
(Source: P.A. 100-316, eff. 1-1-18 .)
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65 ILCS 5/11-19-3
(65 ILCS 5/11-19-3) (from Ch. 24, par. 11-19-3)
Sec. 11-19-3.
Whenever a city, village or incorporated town makes a
contract that is authorized by this Division 19, the corporate authorities
shall include in the annual appropriation ordinance for each fiscal year,
an appropriation of a sum of money sufficient to pay the amount which, by
the terms of the contract, is to become due and payable during the current
fiscal year.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-19-4
(65 ILCS 5/11-19-4) (from Ch. 24, par. 11-19-4)
Sec. 11-19-4.
The corporate authorities of each city, village and
incorporated town, whether organized under the general law or special
charter, with a population of less than 500,000, may establish and
maintain systems or plants, by contract or by direct provision, for the
collection and disposal, treatment or recycling or solely for
the collection or solely for the disposal, treatment or recycling of
garbage, refuse and ashes
in the city, village or incorporated town and for this purpose may levy
a tax. In municipalities with a population of less than 25,001, the tax
rate may not exceed .20% or the rate limit in effect on July 1, 1967,
whichever is greater, of the value, as equalized or assessed by the
Department of Revenue, on all of the taxable property
in the city or village for the current year. In municipalities with a
population of more than 25,000 the tax rate may not exceed .10% or the
rate limit in effect on July 24, 1969, whichever is greater, of the
value as equalized or assessed by the Department of Revenue on all of the
taxable property in the city or village for the current year. The annual
garbage tax shall be in addition to the amount authorized to be levied for
general purposes as provided by Section 8-3-1.
The foregoing limitations upon tax rates, insofar as they are
applicable to cities, villages and incorporated towns of less than
500,000 population, may be increased or decreased under the referendum
provisions of the General Revenue Law of Illinois.
The corporate authorities may, in addition to the levy of a garbage
tax, finance the establishment and maintenance of systems or plants, by
contract or by direct provision, for the collection and disposal, treatment
or recycling or solely for the collection or solely for the disposal,
treatment or recycling of garbage, refuse and ashes by service charges to be
collected from persons, firms and corporations receiving service. Such
service charges shall be established as can reasonably be expected to
yield revenues not in excess of contract obligations and the costs
of operation, maintenance, and
an adequate depreciation fund. If a city, village or incorporated town
assesses a service charge, the schedule of charges shall be adopted by
ordinance, and a copy of the schedule shall be furnished to each customer.
(Source: P.A. 84-963.)
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