HB6421 99TH GENERAL ASSEMBLY

LRB099 19159 MJP 43548 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6421

Introduced , by Rep. Carol Sente

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-21 new
105 ILCS 5/10-22.13a

Amends the Illinois Municipal Code. Provides that municipalities may regulate land owned or leased by school districts within their zoning jurisdiction. Provides that municipalities shall not deny or attach unreasonable conditions to a zoning permit that would frustrate a school board's ability to provide educational services and shall defer to the school district on aesthetic and exterior design matters. Contains provisions concerning the zoning application and review process. Requires that a majority of corporate authorities shall make a final administrative decision within 90 days of filing an initial zoning application and that written notice shall be provided to the school board. Provides that if the municipality fails to reach a final decision within 90 days, the zoning application shall be deemed approved. Provides that the 90-day requirement shall not apply to municipalities that require a super-majority to act on zoning-related matters. Provides that the municipality and school board may mutually agree to extend the time period beyond 90 days. Preempts home rule. Amends the School Code. Makes conforming changes. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

WHEREAS, The development and implementation of a zoning plan is an important tool for municipalities to ensure a comprehensive system of land use that reflects the character of the local community and promotes public health, safety, and the general welfare; and

WHEREAS, The ability to build, purchase, and lease buildings, structures, and sites; and to make additions to, alterations of, and remodel existing buildings, structures and sites for educational purposes is a critical tool for school boards to provide high quality and diverse public educational services and programs for their students; and

WHEREAS, School boards are unique local property owners, in that land use needs are guided by their educational mission and purpose to provide a free, high quality public education for all students, construction projects are governed by a student academic calendar, and facility needs must take into consideration student transportation, district boundaries, efficient use of public resources and overall district need; and

WHEREAS, When a school board's desired use of district property is in conflict with a municipalities' local zoning plan, it is to the benefit of all affected stakeholders that the municipality and school district work collaboratively to resolve such conflict; and

WHEREAS, One important way to ensure school districts and municipalities work collaboratively for the benefit of all stakeholders is to clearly identify those accommodations necessary for school boards throughout the zoning application and review process; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-13-21 as follows:

(65 ILCS 5/11-13-21 new)

Sec. 11-13-21. School Buildings, Structures and Sites. Subject to Section 10-22.13a and Section 2-3.12 of the School Code and other applicable provisions of law:

(a) A municipality may regulate land owned or leased by school districts within its zoning jurisdiction.

(b) Notwithstanding subsection (a), the corporate authorities of the municipality shall not deny or attach inappropriate or unreasonable conditions to a zoning permit that would frustrate a school board's ability to provide educational services and programs for its students. In the event that the corporate authorities of the municipality take such action, the school board may pursue the remedy set forth in Section 10-22.13a of the School Code, in addition to any other available remedy.

(c) Notwithstanding subsection (a), the municipality shall defer to the school district on aesthetic and exterior design intentions for the building, structure, or site.

(d) The municipality shall make every effort to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the municipal review process, including, but not limited to, exempting fees and other costs associated with the project to the greatest extent practicable, limiting the number of times the school district must amend its site plans and reducing the number of copies of site plans and any other documents required to be submitted by the municipality.

(e) For zoning applications submitted under this Section, a final administrative decision shall be made by the corporate authorities of the municipality within 90 days of the initial filing of the zoning application. Upon such decision, the corporate authorities of the municipality shall provide the school board with written notice of its decision. In the event that the corporate authorities of the municipality fail to make a final determination on the zoning application within 90 days from the initial filing of the zoning application with the municipality, the zoning application shall be deemed approved. In the event that a municipality has passed an ordinance that requires zoning-related matters to be approved by a super-majority, such a requirement shall not apply to this Section.

(f) If mutually agreed by the corporate authorities of the municipality and the school board, the time periods in subsection (e) may be extended.

(g) A home rule unit may not regulate school district property in a manner inconsistent with 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.

Section 10. The School Code is amended by changing Section 10-22.13a as follows:

(105 ILCS 5/10-22.13a)

Sec. 10-22.13a. Local zoning regulations; compliance and review Zoning changes, variations, and special uses for school district property. To seek zoning changes, variations, or special uses for property held or controlled by the school district.

(a) Except as may be otherwise provided for by law, school boards are subject to and shall comply with all applicable and valid zoning ordinances of the municipality in which the pertinent part of the building, structure, or site is situated.

(b) Notwithstanding subsection (a), any buildings, structures, and sites that constitute a lawful prior non-conforming use and are not proposed for development as of the effective date of this Section shall not be subject to the provisions of this Section. In the event that a school board seeks to make an addition to, alteration of, or remodel any such building, structure, or site, subsection (a) shall apply only to that portion of the building, structure, or site that is to be modified.

(c) In the event that any zoning application is denied, or allowed under such conditions that the school board believes to be unreasonable or inappropriate, the school board, in addition to any other available remedies, may seek review under the Administrative Review Law once a final administrative decisions has been made if such denial or conditions frustrate the school district's ability to provide educational services and programs for its students. If the court determines that the action unduly interferes with the school board's ability to provide educational services and programs for its students, the zoning ordinance in question shall not be applicable to the use of the property sought by the school district.

(Source: P.A. 90-566, eff. 1-2-98.)

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