Illinois General Assembly - Full Text of HB3102
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Full Text of HB3102  97th General Assembly

HB3102enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17unless that person owns some land not underlying a highway
18proposed to be annexed in the petition for annexation. No tract
19of land in excess of 10 acres in area may be included in the
20ordinances of a municipality initiating the proceedings,
21however, without the express consent of the owner of the tract
22unless the tract (i) is subdivided into lots or blocks or (ii)
23is bounded on at least 3 sides by lands subdivided into lots or

 

 

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1blocks. A tract of land shall be deemed so bounded if it is
2actually separated from the subdivision only by the
3right-of-way of a railroad or other public utility or at a
4public highway. The petition or ordinance, as the case may be,
5shall request the annexation of the territory to a specified
6municipality and also shall request that the circuit court of
7the specified county submit the question of the annexation to
8the corporate authorities of the annexing municipality or to
9the electors of the unincorporated territory, as the case may
10be. The circuit court shall enter an order fixing the time for
11the hearing upon the petition, and the day for the hearing
12shall be not less than 20 nor more than 30 days after the
13filing of the petition or ordinance, as the case may be.
14    (b) The petitioners or corporate authorities, as the case
15may be, shall give notice of the annexation petition or
16ordinance, as the case may be, not more than 30 nor less than
1715 days before the date fixed for the hearing. This notice
18shall state that a petition for annexation or ordinance, as the
19case may be, has been filed and shall give the substance of the
20petition, including a description of the territory to be
21annexed, the name of the annexing municipality, and the date
22fixed for the hearing. This notice shall be given by publishing
23a notice at least once in one or more newspapers published in
24the annexing municipality or, if no newspaper is published in
25the annexing municipality, in one or more newspapers with a
26general circulation within the annexing municipality and

 

 

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1territory. A copy of this notice shall be filed with the clerk
2of the annexing municipality and the municipal clerk shall
3send, by registered mail, an additional copy to the highway
4commissioner of each road district within which the territory
5proposed to be annexed is situated. If a municipal clerk fails
6to send the notice to a highway commissioner as required by
7this subsection, the municipality shall reimburse the road
8district served by that highway commissioner for any loss or
9liability caused by that failure. Any notice required by this
10Section need not include a metes and bounds legal description
11of the territory to be annexed, provided that the notice
12includes: (i) the common street address or addresses and (ii)
13the property index number ("PIN") or numbers of all the parcels
14of real property contained in the territory to be annexed.
15    (c) The petitioners or corporate authorities, as the case
16may be, shall pay to the clerk of the circuit court $10 as a
17filing and service fee, and no petition or ordinance, as the
18case may be, shall be filed until this fee is paid.
19    (d) No petitioner may withdraw from this petition except by
20consent of the majority of the other petitioners, or where it
21is shown to the satisfaction of the court that the signature of
22the petitioner was obtained by fraud or misrepresentation.
23    (e) If a State charitable institution is situated upon a
24tract or tracts of land that lie partly within and partly
25without the corporate limits of any municipality, the corporate
26authorities of the municipality may by resolution without any

 

 

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1petition or proceedings required by this Article but with the
2written consent of the Director of the State Department having
3jurisdiction of the institution, annex any part or all of the
4tracts lying without the corporate limits.
5    (f) If real estate owned by the State of Illinois or any
6board, agency, or commission of the State is situated in
7unincorporated territory adjacent to a municipality, the
8corporate authorities of the municipality may annex any part or
9all of the real estate only with the written consent of the
10Governor or the governing authority of the board, agency, or
11commission, without any petition or proceedings required by
12this Article by resolution of the corporate authorities. This
13requirement does not apply, however, to State highways located
14within territory to be annexed under this Article.
15(Source: P.A. 87-533; 88-355.)
 
16    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)
17    Sec. 11-13-1.1. The corporate authorities of any
18municipality may in its ordinances passed under the authority
19of this Division 13 provide for the classification of special
20uses. Such uses may include but are not limited to public and
21quasi-public uses affected with the public interest, uses which
22may have a unique, special or unusual impact upon the use or
23enjoyment of neighboring property, and planned developments. A
24use may be a permitted use in one or more zoning districts, and
25a special use in one or more other zoning districts. A special

 

 

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1use shall be permitted only after a public hearing before some
2commission or committee designated by the corporate
3authorities, with prior notice thereof given in the manner as
4provided in Section 11-13-6 and 11-13-7. Any notice required by
5this Section need not include a metes and bounds legal
6description of the area classified for special uses, provided
7that the notice includes: (i) the common street address or
8addresses and (ii) the property index number ("PIN") or numbers
9of all the parcels of real property contained in the area
10classified for special uses. A special use shall be permitted
11only upon evidence that such use meets standards established
12for such classification in the ordinances, and the granting of
13permission therefor may be subject to conditions reasonably
14necessary to meet such standards. In addition, any proposed
15special use which fails to receive the approval of the
16commission or committee designated by the corporate
17authorities to hold the public hearing shall not be approved by
18the corporate authorities except by a favorable majority vote
19of all aldermen, commissioners or trustees of the municipality
20then holding office; however, the corporate authorities may by
21ordinance increase the vote requirement to two-thirds of all
22aldermen, commissioners or trustees of the municipality then
23holding office.
24(Source: P.A. 86-330.)
 
25    (65 ILCS 5/11-13-6)  (from Ch. 24, par. 11-13-6)

 

 

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1    Sec. 11-13-6. No variation shall be made by the board of
2appeals in municipalities of 500,000 or more population or by
3ordinance in municipalities of lesser population except in a
4specific case and after a public hearing before the board of
5appeals of which there shall be a notice of the time and place
6of the hearing published at least once, not more than 30 nor
7less than 15 days before the hearing, in one or more newspapers
8published in the municipality, or, if no newspaper is published
9therein, then in one or more newspapers with a general
10circulation within the municipality which is published in the
11county where the municipality is located. This notice shall
12contain the particular location for which the variation is
13requested as well as a brief statement of what the proposed
14variation consists. Any notice required by this Section need
15not include a metes and bounds legal description of the
16location for which the variation is requested, provided that
17the notice includes: (i) the common street address or addresses
18and (ii) the property index number ("PIN") or numbers of all
19the parcels of real property contained in the area for which
20the variation is requested.
21(Source: P.A. 80-452.)
 
22    (65 ILCS 5/11-13-7)  (from Ch. 24, par. 11-13-7)
23    Sec. 11-13-7. In addition to the notice requirements
24otherwise provided for in this Division 13, in municipalities
25of 500,000 or more population, an applicant for variation or

 

 

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1special use shall, not more than 30 days before filing an
2application for variation or special use with the board of
3appeals, serve written notice, either in person or by
4registered mail, return receipt requested, on the owners, as
5recorded in the office of the recorder of deeds or the
6registrar of titles of the county in which the property is
7located and as appears from the authentic tax records of such
8county, of all property within 250 feet in each direction of
9the location for which the variation or special use is
10requested; provided, the number of feet occupied by all public
11roads, streets, alleys and other public ways shall be excluded
12in computing the 250 feet requirement. The notice herein
13required shall contain the address of the location for which
14the variation or special use is requested, a brief statement of
15the nature of the requested variation or special use, the name
16and address of the legal and beneficial owner of the property
17for which the variation or special use is requested, a
18statement that the applicant intends to file an application for
19variation or special use and the approximate date on which the
20application will be filed. If, after a bona fide effort to
21determine such address by the applicant for variation or
22special use, the owner of the property on which the notice is
23served cannot be found at his or her last known address, or the
24mailed notice is returned because the owner cannot be found at
25the last known address, the notice requirements of this
26sub-section shall be deemed satisfied. In addition to serving

 

 

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1the notice herein required, at the time of filing application
2for variation or special use, the applicant shall furnish to
3the board of appeals a complete list containing the names and
4last known addresses of the owners of the property required to
5be served, the method of service and the names and last known
6addresses of the owners of the service and the names and
7addresses of the persons so served. The applicant shall also
8furnish a written statement certifying that he or she has
9complied with the requirements of this subsection. The board of
10appeals shall hear no application for variation or special use
11unless the applicant for variation or special use furnishes the
12list and certificate herein required. The board of appeals
13shall, not more than 30 days nor less than 15 days before the
14hearing at which the application for variation or special use
15is to be considered, send written notice to the persons
16appearing on the list furnished by the applicant, which notice
17shall contain the time and place of the hearing, the address of
18the location for which the variation or special use is
19requested and the name and address of the applicant for
20variation or special use and a brief statement of the nature of
21the variation or special use requested. Any notice required
22herein need not include a metes and bounds legal description of
23the property for which the variation or special use is
24requested, provided that the notice includes: (i) the common
25street address or addresses and (ii) the property index number
26("PIN") or numbers of all the parcels of real property

 

 

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1contained in the area for which the variation or special use is
2requested.
3    Any property owner within the above stated 250 feet notice
4requirement, who entered his or her appearance and objected at
5the board of appeals hearing, and who shows that his or her
6property will be substantially affected by the outcome of the
7decision of the board may, without proof of any specific,
8special, or unique damages to himself or herself or his or her
9property or any adverse effect upon his property from the
10proposed variation or special use, seek judicial relief from
11any order or decision of the board of appeals under the
12Administrative Review Law, and all amendments and
13modifications thereof, and the rules adopted pursuant thereto.
14If the board of appeals determines that the property of any
15such owner will not be substantially affected by the outcome of
16the decision of the board, such owner may initiate or join in
17judicial review under the Administrative Review Law, as
18provided in this Section.
19(Source: P.A. 84-452.)
 
20    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
21    Sec. 11-13-14. The regulations imposed and the districts
22created under the authority of this Division 13 may be amended
23from time to time by ordinance after the ordinance establishing
24them has gone into effect, but no such amendments shall be made
25without a hearing before some commission or committee

 

 

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1designated by the corporate authorities. Notice shall be given
2of the time and place of the hearing, not more than 30 nor less
3than 15 days before the hearing, by publishing a notice thereof
4at least once in one or more newspapers published in the
5municipality, or, if no newspaper is published therein, then in
6one or more newspapers with a general circulation within the
7municipality. In municipalities with less than 500 population
8in which no newspaper is published, publication may be made
9instead by posting a notice in 3 prominent places within
10municipality. In case of a written protest against any proposed
11amendment of the regulations or districts, signed and
12acknowledged by the owners of 20% of the frontage proposed to
13be altered, or by the owners of 20% of the frontage immediately
14adjoining or across an alley therefrom, or by the owners of the
1520% of the frontage directly opposite the frontage proposed to
16be altered, is filed with the clerk of the municipality, the
17amendment shall not be passed except by a favorable vote of
18two-thirds of the aldermen or trustees of the municipality then
19holding office. In such cases, a copy of the written protest
20shall be served by the protestor or protestors on the applicant
21for the proposed amendments and a copy upon the applicant's
22attorney, if any, by certified mail at the address of such
23applicant and attorney shown in the application for the
24proposed amendment. Any notice required by this Section need
25not include a metes and bounds legal description, provided that
26the notice includes: (i) the common street address or addresses

 

 

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1and (ii) the property index number ("PIN") or numbers of all
2the parcels of real property contained in the affected area.
3(Source: P.A. 81-705.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.