Full Text of HB3102 97th General Assembly
HB3102ham002 97TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 3/24/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3102
| 2 | | AMENDMENT NO. ______. Amend House Bill 3102 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 7-1-2, 11-13-1.1, 11-13-6, 11-13-7, and | 6 | | 11-13-14 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 | 9 | | the owners
of record of land in the territory and also by a | 10 | | majority of the electors,
if any, residing in the territory | 11 | | shall be filed with the circuit court
clerk of the county in | 12 | | which the territory is located, or the corporate
authorities of | 13 | | a municipality may initiate the proceedings by enacting an
| 14 | | ordinance expressing their desire to annex the described | 15 | | territory.
A person owning land underlying a highway shall not | 16 | | be considered an owner of
record for purposes of this petition |
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| 1 | | unless that person owns some land not
underlying a highway | 2 | | proposed to be annexed in the petition for annexation.
No
tract | 3 | | of land in excess of 10 acres in area may be included in the
| 4 | | ordinances of a municipality initiating the proceedings, | 5 | | however, without
the express consent of the owner of the tract | 6 | | unless the tract (i) is
subdivided into lots or blocks or (ii) | 7 | | is bounded on at least 3 sides by
lands subdivided into lots or | 8 | | blocks. A tract of land shall be deemed so
bounded if it is | 9 | | actually separated from the subdivision only by the
| 10 | | right-of-way of a railroad or other public utility or at a | 11 | | public highway.
The petition or ordinance, as the case may be, | 12 | | shall request the annexation
of the territory to a specified | 13 | | municipality and also shall request that
the circuit court of | 14 | | the specified county submit the question of the
annexation to | 15 | | the corporate authorities of the annexing municipality or to
| 16 | | the electors of the unincorporated territory, as the case may | 17 | | be. The
circuit court shall enter an order fixing the time for | 18 | | the hearing upon the
petition, and the day for the hearing | 19 | | shall be not less than 20 nor more
than 30 days after the | 20 | | filing of the petition or ordinance, as the case may be.
| 21 | | (b) The petitioners or corporate authorities, as the case | 22 | | may be, shall
give notice of the annexation petition or | 23 | | ordinance, as the case may be,
not more than 30 nor less than | 24 | | 15 days before the date fixed for the
hearing. This notice | 25 | | shall state that a petition for annexation or
ordinance, as the | 26 | | case may be, has been filed and shall give the substance of
the |
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| 1 | | petition, including a description of the territory to be | 2 | | annexed, the
name of the annexing municipality, and the date | 3 | | fixed for the hearing.
This notice shall be given by publishing | 4 | | a notice at least once
in one or more newspapers published in | 5 | | the annexing municipality or, if
no newspaper is published in | 6 | | the annexing municipality, in one or more
newspapers with a | 7 | | general circulation within the annexing municipality and
| 8 | | territory. A copy of this notice shall be filed with the clerk | 9 | | of the
annexing municipality and the municipal clerk shall | 10 | | send, by registered
mail, an additional copy to the highway | 11 | | commissioner of each road district
within which the territory | 12 | | proposed to be annexed is situated. If a
municipal clerk fails | 13 | | to send the notice to a highway commissioner as
required by | 14 | | this subsection, the municipality shall reimburse the road
| 15 | | district served by that highway commissioner for any loss or | 16 | | liability
caused by that failure. Any notice required by this | 17 | | Section need not include a metes and bounds legal description | 18 | | of the territory to be annexed, provided that the notice | 19 | | includes: (i) the common street address or addresses and (ii) | 20 | | the property index number ("PIN") or numbers of all the parcels | 21 | | of real property contained in the territory to be annexed.
| 22 | | (c) The petitioners or corporate authorities, as the case | 23 | | may be, shall
pay to the clerk of the circuit court $10 as a | 24 | | filing and service fee,
and no petition or ordinance, as the | 25 | | case 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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| 1 | | consent of the majority of the other petitioners, or
where it | 2 | | is shown to the satisfaction of the court that the signature of
| 3 | | the petitioner was obtained by fraud or misrepresentation.
| 4 | | (e) If a State charitable institution is situated upon a | 5 | | tract or
tracts of land that lie partly within and partly | 6 | | without the corporate
limits of any municipality, the corporate | 7 | | authorities of the municipality
may by resolution without any | 8 | | petition or proceedings required by this
Article but with the | 9 | | written consent of the Director of the State
Department having | 10 | | jurisdiction of the institution, annex any part or all of
the | 11 | | tracts lying without the corporate limits.
| 12 | | (f) If real estate owned by the State of Illinois or any | 13 | | board,
agency, or commission of the State is situated in | 14 | | unincorporated territory
adjacent to a municipality, the | 15 | | corporate authorities of the municipality
may annex any part or | 16 | | all of the real estate only with the written consent
of the | 17 | | Governor or the governing authority of the board, agency, or
| 18 | | commission, without any petition or proceedings required by | 19 | | this Article by
resolution of the corporate authorities. This | 20 | | requirement does not apply,
however, to State highways located | 21 | | within 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 | 25 | | municipality may in its
ordinances passed under the authority |
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| 1 | | of this Division 13 provide for the
classification of special | 2 | | uses. Such uses may include but are not limited
to public and | 3 | | quasi-public uses affected with the public interest, uses
which | 4 | | may have a unique, special or unusual impact upon the use or
| 5 | | enjoyment of neighboring property, and planned developments. A | 6 | | use may be a
permitted use in one or more zoning districts, and | 7 | | a special use in one or
more other zoning districts. A special | 8 | | use shall be permitted only after a
public hearing before some | 9 | | commission or committee designated by the
corporate | 10 | | authorities, with prior notice thereof given in the manner as
| 11 | | provided in Section 11-13-6 and 11-13-7. Any notice required by | 12 | | this Section need not include a metes and bounds legal | 13 | | description of the area classified for special uses, provided | 14 | | that the notice includes: (i) the common street address or | 15 | | addresses and (ii) the property index number ("PIN") or numbers | 16 | | of all the parcels of real property contained in the area | 17 | | classified for special uses. A special use shall be permitted
| 18 | | only upon evidence that such use meets standards established | 19 | | for such
classification in the ordinances, and the granting of | 20 | | permission therefor
may be subject to conditions reasonably | 21 | | necessary to meet such standards.
In addition, any proposed | 22 | | special use which fails to receive the approval
of the | 23 | | commission or committee designated by the corporate | 24 | | authorities to
hold the public hearing shall not be approved by | 25 | | the corporate authorities
except by a favorable majority vote | 26 | | of all aldermen, commissioners or
trustees of the municipality |
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| 1 | | then holding office; however, the corporate
authorities may by | 2 | | ordinance increase the vote requirement to two-thirds of
all | 3 | | aldermen, commissioners or trustees of the municipality then | 4 | | holding 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 | 8 | | appeals in
municipalities of 500,000 or more population or by | 9 | | ordinance in
municipalities of lesser population except in a | 10 | | specific case and after a
public hearing before the board of | 11 | | appeals of which there shall be a notice
of the time and place | 12 | | of the hearing published at least once, not more than
30 nor | 13 | | less than 15 days before the hearing, in one or more newspapers
| 14 | | published in the municipality, or, if no newspaper is published | 15 | | therein,
then in one or more newspapers with a general | 16 | | circulation within the
municipality
which is published in the | 17 | | county where the municipality is located.
This notice shall | 18 | | contain
the particular location for which the variation is | 19 | | requested as well as a
brief statement of what the proposed | 20 | | variation consists. Any notice required by this Section need | 21 | | not include a metes and bounds legal description of the | 22 | | location for which the variation is requested, provided that | 23 | | the notice includes: (i) the common street address or addresses | 24 | | and (ii) the property index number ("PIN") or numbers of all | 25 | | the parcels of real property contained in the area for which |
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| 1 | | the 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 | 5 | | otherwise provided for
in this Division 13, in municipalities | 6 | | of 500,000 or more population, an
applicant for variation or | 7 | | special use shall, not more than 30 days before
filing an | 8 | | application for variation or special use with the board of
| 9 | | appeals, serve written notice, either in person or by | 10 | | registered mail,
return receipt requested, on the owners, as | 11 | | recorded in the office of the
recorder of deeds or the | 12 | | registrar of titles of the county in which the
property is | 13 | | located and as appears from the authentic tax records of such
| 14 | | county, of all property within 250 feet in each direction of | 15 | | the location
for which the variation or special use is | 16 | | requested; provided, the number
of feet occupied by all public | 17 | | roads, streets, alleys and other public ways
shall be excluded | 18 | | in computing the 250 feet requirement. The notice herein
| 19 | | required shall contain the address of the location for which | 20 | | the variation
or special use is requested, a brief statement of | 21 | | the nature of the
requested variation or special use, the name | 22 | | and address of the legal and
beneficial owner of the property | 23 | | for which the variation or special use is
requested, a | 24 | | statement that the applicant intends to file an application
for | 25 | | variation or special use and the approximate date on which the
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| 1 | | application will be filed. If, after a bona fide effort to | 2 | | determine such
address by the applicant for variation or | 3 | | special use, the owner of the
property on which the notice is | 4 | | served cannot be found at his or her last known
address, or the | 5 | | mailed notice is returned because the owner cannot be found
at | 6 | | the last known address, the notice requirements of this | 7 | | sub-section
shall be deemed satisfied. In addition to serving | 8 | | the notice herein
required, at the time of filing application | 9 | | for variation or special use,
the applicant shall furnish to | 10 | | the board of appeals a complete list
containing the names and | 11 | | last known addresses of the owners of the property
required to | 12 | | be served, the method of service and the names and last known
| 13 | | addresses of the owners of the service and the names and | 14 | | addresses of the
persons so served. The applicant shall also | 15 | | furnish a written statement
certifying that he or she has | 16 | | complied with the requirements of this subsection.
The board of | 17 | | appeals shall hear no application for variation or special use
| 18 | | unless the applicant for variation or special use furnishes the | 19 | | list and
certificate herein required. The board of appeals | 20 | | shall, not more than 30
days nor less than 15 days before the | 21 | | hearing at which the application for
variation or special use | 22 | | is to be considered, send written notice to the
persons | 23 | | appearing on the list furnished by the applicant, which notice
| 24 | | shall contain the time and place of the hearing, the address of | 25 | | the
location for which the variation or special use is | 26 | | requested and the name
and address of the applicant for |
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| 1 | | variation or special use and a brief
statement of the nature of | 2 | | the variation or special use requested. Any notice required | 3 | | herein need not include a metes and bounds legal description of | 4 | | the property for which the variation or special use is | 5 | | requested, provided that the notice includes: (i) the common | 6 | | street address or addresses and (ii) the property index number | 7 | | ("PIN") or numbers of all the parcels of real property | 8 | | contained in the area for which the variation or special use is | 9 | | requested.
| 10 | | Any property owner within the above stated 250 feet notice
| 11 | | requirement, who
entered his or her appearance and objected at | 12 | | the board of appeals hearing, and
who shows that his or her | 13 | | property will be substantially affected by the outcome
of the | 14 | | decision of the board may, without proof of any specific, | 15 | | special,
or unique damages to himself or herself or his or her | 16 | | property or
any adverse effect upon his
property from the | 17 | | proposed variation or special use, seek judicial relief
from | 18 | | any order or
decision of the board of appeals under the | 19 | | Administrative
Review Law, and all amendments and | 20 | | modifications
thereof, and the rules adopted pursuant thereto.
| 21 | | If the board of appeals
determines that the property of any | 22 | | such owner will not be substantially
affected by the outcome of | 23 | | the decision of the board, such owner may
initiate or join in | 24 | | judicial review under the Administrative
Review Law, as | 25 | | provided
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 | 3 | | created under
the authority of this Division 13 may be amended | 4 | | from time to time by
ordinance after the ordinance establishing | 5 | | them has gone into effect, but
no such amendments shall be made | 6 | | without a hearing before some commission
or committee | 7 | | designated by the corporate authorities. Notice shall be given
| 8 | | of the time and place of the hearing, not more than 30 nor less | 9 | | than 15
days before the hearing, by publishing a notice thereof | 10 | | at least once in
one or more newspapers published in the | 11 | | municipality, or, if no newspaper
is published therein, then in | 12 | | one or more newspapers with a general
circulation within the | 13 | | municipality. In municipalities with less than 500
population | 14 | | in which no newspaper is published, publication may be made
| 15 | | instead by posting a notice in 3 prominent places within | 16 | | municipality. In
case of a written protest against any proposed | 17 | | amendment of the regulations
or districts, signed and | 18 | | acknowledged by the owners of 20% of the frontage
proposed to | 19 | | be altered, or by the owners of 20% of the frontage immediately
| 20 | | adjoining or across an alley therefrom, or by the owners of the | 21 | | 20% of the
frontage directly opposite the frontage proposed to | 22 | | be altered, is filed
with the clerk of the municipality, the | 23 | | amendment shall not be passed
except by a favorable vote of | 24 | | two-thirds of the aldermen or trustees of the
municipality then | 25 | | holding office. In such cases, a copy of the written
protest |
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| 1 | | shall be served by the protestor or protestors on the applicant | 2 | | for
the proposed amendments and a copy upon the applicant's | 3 | | attorney, if any,
by certified mail at the address of such | 4 | | applicant and attorney shown in
the application for the | 5 | | proposed amendment. Any notice required by this Section need | 6 | | not include a metes and bounds legal description, provided that | 7 | | the notice includes: (i) the common street address or addresses | 8 | | and (ii) the property index number ("PIN") or numbers of all | 9 | | the 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 | 12 | | becoming law.".
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