Rep. Michael W. Tryon

Filed: 3/14/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3102

2    AMENDMENT NO. ______. Amend House Bill 3102 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 7-1-2, 11-13-1.1, 11-13-6, 11-13-7, and
611-13-14 as follows:
 
7    (65 ILCS 5/7-1-2)  (from Ch. 24, par. 7-1-2)
8    Sec. 7-1-2. (a) A written petition signed by a majority of
9the owners of record of land in the territory and also by a
10majority of the electors, if any, residing in the territory
11shall be filed with the circuit court clerk of the county in
12which the territory is located, or the corporate authorities of
13a municipality may initiate the proceedings by enacting an
14ordinance expressing their desire to annex the described
15territory. A person owning land underlying a highway shall not
16be considered an owner of record for purposes of this petition

 

 

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1unless that person owns some land not underlying a highway
2proposed to be annexed in the petition for annexation. No tract
3of land in excess of 10 acres in area may be included in the
4ordinances of a municipality initiating the proceedings,
5however, without the express consent of the owner of the tract
6unless the tract (i) is subdivided into lots or blocks or (ii)
7is bounded on at least 3 sides by lands subdivided into lots or
8blocks. A tract of land shall be deemed so bounded if it is
9actually separated from the subdivision only by the
10right-of-way of a railroad or other public utility or at a
11public highway. The petition or ordinance, as the case may be,
12shall request the annexation of the territory to a specified
13municipality and also shall request that the circuit court of
14the specified county submit the question of the annexation to
15the corporate authorities of the annexing municipality or to
16the electors of the unincorporated territory, as the case may
17be. The circuit court shall enter an order fixing the time for
18the hearing upon the petition, and the day for the hearing
19shall be not less than 20 nor more than 30 days after the
20filing of the petition or ordinance, as the case may be.
21    (b) The petitioners or corporate authorities, as the case
22may be, shall give notice of the annexation petition or
23ordinance, as the case may be, not more than 30 nor less than
2415 days before the date fixed for the hearing. This notice
25shall state that a petition for annexation or ordinance, as the
26case may be, has been filed and shall give the substance of the

 

 

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1petition, including a description of the territory to be
2annexed, the name of the annexing municipality, and the date
3fixed for the hearing. This notice shall be given by publishing
4a notice at least once in one or more newspapers published in
5the annexing municipality or, if no newspaper is published in
6the annexing municipality, in one or more newspapers with a
7general circulation within the annexing municipality and
8territory. A copy of this notice shall be filed with the clerk
9of the annexing municipality and the municipal clerk shall
10send, by registered mail, an additional copy to the highway
11commissioner of each road district within which the territory
12proposed to be annexed is situated. If a municipal clerk fails
13to send the notice to a highway commissioner as required by
14this subsection, the municipality shall reimburse the road
15district served by that highway commissioner for any loss or
16liability caused by that failure. Any notice required by this
17Section need not include a metes and bounds legal description
18of the territory to be annexed, provided that the notice
19includes: (i) the common street address or addresses and (ii)
20the property index number ("PIN") or numbers of all the parcels
21of real property contained in the territory to be annexed.
22    (c) The petitioners or corporate authorities, as the case
23may be, shall pay to the clerk of the circuit court $10 as a
24filing and service fee, and no petition or ordinance, as the
25case may be, shall be filed until this fee is paid.
26    (d) No petitioner may withdraw from this petition except by

 

 

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1consent of the majority of the other petitioners, or where it
2is shown to the satisfaction of the court that the signature of
3the petitioner was obtained by fraud or misrepresentation.
4    (e) If a State charitable institution is situated upon a
5tract or tracts of land that lie partly within and partly
6without the corporate limits of any municipality, the corporate
7authorities of the municipality may by resolution without any
8petition or proceedings required by this Article but with the
9written consent of the Director of the State Department having
10jurisdiction of the institution, annex any part or all of the
11tracts lying without the corporate limits.
12    (f) If real estate owned by the State of Illinois or any
13board, agency, or commission of the State is situated in
14unincorporated territory adjacent to a municipality, the
15corporate authorities of the municipality may annex any part or
16all of the real estate only with the written consent of the
17Governor or the governing authority of the board, agency, or
18commission, without any petition or proceedings required by
19this Article by resolution of the corporate authorities. This
20requirement does not apply, however, to State highways located
21within territory to be annexed under this Article.
22(Source: P.A. 87-533; 88-355.)
 
23    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)
24    Sec. 11-13-1.1. The corporate authorities of any
25municipality may in its ordinances passed under the authority

 

 

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1of this Division 13 provide for the classification of special
2uses. Such uses may include but are not limited to public and
3quasi-public uses affected with the public interest, uses which
4may have a unique, special or unusual impact upon the use or
5enjoyment of neighboring property, and planned developments. A
6use may be a permitted use in one or more zoning districts, and
7a special use in one or more other zoning districts. A special
8use shall be permitted only after a public hearing before some
9commission or committee designated by the corporate
10authorities, with prior notice thereof given in the manner as
11provided in Section 11-13-6 and 11-13-7. Any notice required by
12this Section need not include a metes and bounds legal
13description of the area classified for special uses, provided
14that the notice includes: (i) the common street address or
15addresses and (ii) the property index number ("PIN") or numbers
16of all the parcels of real property contained in the area
17classified for special uses. A special use shall be permitted
18only upon evidence that such use meets standards established
19for such classification in the ordinances, and the granting of
20permission therefor may be subject to conditions reasonably
21necessary to meet such standards. In addition, any proposed
22special use which fails to receive the approval of the
23commission or committee designated by the corporate
24authorities to hold the public hearing shall not be approved by
25the corporate authorities except by a favorable majority vote
26of all aldermen, commissioners or trustees of the municipality

 

 

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1then holding office; however, the corporate authorities may by
2ordinance increase the vote requirement to two-thirds of all
3aldermen, commissioners or trustees of the municipality then
4holding office.
5(Source: P.A. 86-330.)
 
6    (65 ILCS 5/11-13-6)  (from Ch. 24, par. 11-13-6)
7    Sec. 11-13-6. No variation shall be made by the board of
8appeals in municipalities of 500,000 or more population or by
9ordinance in municipalities of lesser population except in a
10specific case and after a public hearing before the board of
11appeals of which there shall be a notice of the time and place
12of the hearing published at least once, not more than 30 nor
13less than 15 days before the hearing, in one or more newspapers
14published in the municipality, or, if no newspaper is published
15therein, then in one or more newspapers with a general
16circulation within the municipality which is published in the
17county where the municipality is located. This notice shall
18contain the particular location for which the variation is
19requested as well as a brief statement of what the proposed
20variation consists. Any notice required by this Section need
21not include a metes and bounds legal description of the
22location for which the variation is requested, provided that
23the notice includes: (i) the common street address or addresses
24and (ii) the property index number ("PIN") or numbers of all
25the parcels of real property contained in the area for which

 

 

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1the variation is requested.
2(Source: P.A. 80-452.)
 
3    (65 ILCS 5/11-13-7)  (from Ch. 24, par. 11-13-7)
4    Sec. 11-13-7. In addition to the notice requirements
5otherwise provided for in this Division 13, in municipalities
6of 500,000 or more population, an applicant for variation or
7special use shall, not more than 30 days before filing an
8application for variation or special use with the board of
9appeals, serve written notice, either in person or by
10registered mail, return receipt requested, on the owners, as
11recorded in the office of the recorder of deeds or the
12registrar of titles of the county in which the property is
13located and as appears from the authentic tax records of such
14county, of all property within 250 feet in each direction of
15the location for which the variation or special use is
16requested; provided, the number of feet occupied by all public
17roads, streets, alleys and other public ways shall be excluded
18in computing the 250 feet requirement. The notice herein
19required shall contain the address of the location for which
20the variation or special use is requested, a brief statement of
21the nature of the requested variation or special use, the name
22and address of the legal and beneficial owner of the property
23for which the variation or special use is requested, a
24statement that the applicant intends to file an application for
25variation or special use and the approximate date on which the

 

 

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1application will be filed. If, after a bona fide effort to
2determine such address by the applicant for variation or
3special use, the owner of the property on which the notice is
4served cannot be found at his or her last known address, or the
5mailed notice is returned because the owner cannot be found at
6the last known address, the notice requirements of this
7sub-section shall be deemed satisfied. In addition to serving
8the notice herein required, at the time of filing application
9for variation or special use, the applicant shall furnish to
10the board of appeals a complete list containing the names and
11last known addresses of the owners of the property required to
12be served, the method of service and the names and last known
13addresses of the owners of the service and the names and
14addresses of the persons so served. The applicant shall also
15furnish a written statement certifying that he or she has
16complied with the requirements of this subsection. The board of
17appeals shall hear no application for variation or special use
18unless the applicant for variation or special use furnishes the
19list and certificate herein required. The board of appeals
20shall, not more than 30 days nor less than 15 days before the
21hearing at which the application for variation or special use
22is to be considered, send written notice to the persons
23appearing on the list furnished by the applicant, which notice
24shall contain the time and place of the hearing, the address of
25the location for which the variation or special use is
26requested and the name and address of the applicant for

 

 

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1variation or special use and a brief statement of the nature of
2the variation or special use requested. Any notice required
3herein need not include a metes and bounds legal description of
4the property for which the variation or special use is
5requested, provided that the notice includes: (i) the common
6street address or addresses and (ii) the property index number
7("PIN") or numbers of all the parcels of real property
8contained in the area for which the variation or special use is
9requested.
10    Any property owner within the above stated 250 feet notice
11requirement, who entered his or her appearance and objected at
12the board of appeals hearing, and who shows that his or her
13property will be substantially affected by the outcome of the
14decision of the board may, without proof of any specific,
15special, or unique damages to himself or herself or his or her
16property or any adverse effect upon his property from the
17proposed variation or special use, seek judicial relief from
18any order or decision of the board of appeals under the
19Administrative Review Law, and all amendments and
20modifications thereof, and the rules adopted pursuant thereto.
21If the board of appeals determines that the property of any
22such owner will not be substantially affected by the outcome of
23the decision of the board, such owner may initiate or join in
24judicial review under the Administrative Review Law, as
25provided in this Section.
26(Source: P.A. 84-452.)
 

 

 

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1    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
2    Sec. 11-13-14. The regulations imposed and the districts
3created under the authority of this Division 13 may be amended
4from time to time by ordinance after the ordinance establishing
5them has gone into effect, but no such amendments shall be made
6without a hearing before some commission or committee
7designated by the corporate authorities. Notice shall be given
8of the time and place of the hearing, not more than 30 nor less
9than 15 days before the hearing, by publishing a notice thereof
10at least once in one or more newspapers published in the
11municipality, or, if no newspaper is published therein, then in
12one or more newspapers with a general circulation within the
13municipality. In municipalities with less than 500 population
14in which no newspaper is published, publication may be made
15instead by posting a notice in 3 prominent places within
16municipality. In case of a written protest against any proposed
17amendment of the regulations or districts, signed and
18acknowledged by the owners of 20% of the frontage proposed to
19be altered, or by the owners of 20% of the frontage immediately
20adjoining or across an alley therefrom, or by the owners of the
2120% of the frontage directly opposite the frontage proposed to
22be altered, is filed with the clerk of the municipality, the
23amendment shall not be passed except by a favorable vote of
24two-thirds of the aldermen or trustees of the municipality then
25holding office. In such cases, a copy of the written protest

 

 

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1shall be served by the protestor or protestors on the applicant
2for the proposed amendments and a copy upon the applicant's
3attorney, if any, by certified mail at the address of such
4applicant and attorney shown in the application for the
5proposed amendment. Any notice required by this Section need
6not include a metes and bounds legal description, provided that
7the notice includes: (i) the common street address or addresses
8and (ii) the property index number ("PIN") or numbers of all
9the parcels of real property contained in the affected area.
10(Source: P.A. 81-705.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".