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.


LRB099 19159 MJP 43548 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6421LRB099 19159 MJP 43548 b

1    AN ACT concerning local government.
 
2    WHEREAS, The development and implementation of a zoning
3plan is an important tool for municipalities to ensure a
4comprehensive system of land use that reflects the character of
5the local community and promotes public health, safety, and the
6general welfare; and
7    WHEREAS, The ability to build, purchase, and lease
8buildings, structures, and sites; and to make additions to,
9alterations of, and remodel existing buildings, structures and
10sites for educational purposes is a critical tool for school
11boards to provide high quality and diverse public educational
12services and programs for their students; and
13    WHEREAS, School boards are unique local property owners, in
14that land use needs are guided by their educational mission and
15purpose to provide a free, high quality public education for
16all students, construction projects are governed by a student
17academic calendar, and facility needs must take into
18consideration student transportation, district boundaries,
19efficient use of public resources and overall district need;
20and
21    WHEREAS, When a school board's desired use of district
22property is in conflict with a municipalities' local zoning
23plan, it is to the benefit of all affected stakeholders that
24the municipality and school district work collaboratively to
25resolve such conflict; and
26    WHEREAS, One important way to ensure school districts and

 

 

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1municipalities work collaboratively for the benefit of all
2stakeholders is to clearly identify those accommodations
3necessary for school boards throughout the zoning application
4and review process; therefore
 
5    Be it enacted by the People of the State of Illinois,
6represented in the General Assembly:
 
7    Section 5. The Illinois Municipal Code is amended by adding
8Section 11-13-21 as follows:
 
9    (65 ILCS 5/11-13-21 new)
10    Sec. 11-13-21. School Buildings, Structures and Sites.
11Subject to Section 10-22.13a and Section 2-3.12 of the School
12Code and other applicable provisions of law:
13    (a) A municipality may regulate land owned or leased by
14school districts within its zoning jurisdiction.
15    (b) Notwithstanding subsection (a), the corporate
16authorities of the municipality shall not deny or attach
17inappropriate or unreasonable conditions to a zoning permit
18that would frustrate a school board's ability to provide
19educational services and programs for its students. In the
20event that the corporate authorities of the municipality take
21such action, the school board may pursue the remedy set forth
22in Section 10-22.13a of the School Code, in addition to any
23other available remedy.

 

 

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1    (c) Notwithstanding subsection (a), the municipality shall
2defer to the school district on aesthetic and exterior design
3intentions for the building, structure, or site.
4    (d) The municipality shall make every effort to streamline
5the zoning application and review process for the school board
6and minimize the administrative burdens involved in the
7municipal review process, including, but not limited to,
8exempting fees and other costs associated with the project to
9the greatest extent practicable, limiting the number of times
10the school district must amend its site plans and reducing the
11number of copies of site plans and any other documents required
12to be submitted by the municipality.
13    (e) For zoning applications submitted under this Section, a
14final administrative decision shall be made by the corporate
15authorities of the municipality within 90 days of the initial
16filing of the zoning application. Upon such decision, the
17corporate authorities of the municipality shall provide the
18school board with written notice of its decision. In the event
19that the corporate authorities of the municipality fail to make
20a final determination on the zoning application within 90 days
21from the initial filing of the zoning application with the
22municipality, the zoning application shall be deemed approved.
23In the event that a municipality has passed an ordinance that
24requires zoning-related matters to be approved by a
25super-majority, such a requirement shall not apply to this
26Section.

 

 

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1    (f) If mutually agreed by the corporate authorities of the
2municipality and the school board, the time periods in
3subsection (e) may be extended.
4    (g) A home rule unit may not regulate school district
5property in a manner inconsistent with this Section. This
6Section is a limitation under subsection (i) of Section 6 of
7Article VII of the Illinois Constitution on the concurrent
8exercise by home rule units of powers and functions exercised
9by the State.
 
10    Section 10. The School Code is amended by changing Section
1110-22.13a as follows:
 
12    (105 ILCS 5/10-22.13a)
13    Sec. 10-22.13a. Local zoning regulations; compliance and
14review Zoning changes, variations, and special uses for school
15district property. To seek zoning changes, variations, or
16special uses for property held or controlled by the school
17district.
18    (a) Except as may be otherwise provided for by law, school
19boards are subject to and shall comply with all applicable and
20valid zoning ordinances of the municipality in which the
21pertinent part of the building, structure, or site is situated.
22    (b) Notwithstanding subsection (a), any buildings,
23structures, and sites that constitute a lawful prior
24non-conforming use and are not proposed for development as of

 

 

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1the effective date of this Section shall not be subject to the
2provisions of this Section. In the event that a school board
3seeks to make an addition to, alteration of, or remodel any
4such building, structure, or site, subsection (a) shall apply
5only to that portion of the building, structure, or site that
6is to be modified.
7    (c) In the event that any zoning application is denied, or
8allowed under such conditions that the school board believes to
9be unreasonable or inappropriate, the school board, in addition
10to any other available remedies, may seek review under the
11Administrative Review Law once a final administrative
12decisions has been made if such denial or conditions frustrate
13the school district's ability to provide educational services
14and programs for its students. If the court determines that the
15action unduly interferes with the school board's ability to
16provide educational services and programs for its students, the
17zoning ordinance in question shall not be applicable to the use
18of the property sought by the school district.
19(Source: P.A. 90-566, eff. 1-2-98.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.