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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/Art 11 prec Div 11
(65 ILCS 5/Art 11 prec Div 11 heading)
PLANNING, ZONING AND URBAN REHABILITATION
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65 ILCS 5/Art. 11 Div. 11
(65 ILCS 5/Art. 11 Div. 11 heading)
DIVISION 11.
URBAN REHABILITATION
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65 ILCS 5/11-11-1
(65 ILCS 5/11-11-1) (from Ch. 24, par. 11-11-1)
Sec. 11-11-1.
The corporate authorities of each municipality have the
following powers: (1) to acquire by purchase, condemnation or otherwise any
improved or unimproved real property the acquisition of which is necessary
or appropriate for the rehabilitation or redevelopment of any blighted or
slum area or any conservation area as defined in Section 3 of the Urban
Community Conservation Act; (2) to remove or demolish sub-standard or other
buildings and structures from the property so acquired; (3) to hold or use
any of such property for public uses; and (4) to sell, lease or exchange
such property as is not required for the public purposes of the
municipality. In case of sale or lease the provisions of Sections 11-76-1
through 11-76-3 shall govern except when such sale or lease is made to a
public corporation or public agency, and except when the municipality is
the Local Public Agency under an urban renewal project as defined in
Section 11-11-2. Where a municipality is such a Local Public Agency the
corporate authorities thereof shall have the same powers, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure in the conveyance of real
property as are prescribed in Sections 15, 16, 17, 18 and 19 (except
omitting the provision requiring reimbursement of any public utility by the
purchaser) of the "Urban Renewal Consolidation Act of 1961", approved
August 15, 1961, as the same are now or may hereafter be amended, as
fully as if provisions contained in said sections of the "Urban Renewal
Consolidation Act of 1961" were set forth herein, except that the term
"Department" as therein used shall, as applied to such municipality, mean
the municipality as Local Public Agency. In case of exchange of property
for property privately owned 3 disinterested appraisers shall be appointed
to appraise the value of the property exchanged and such exchange shall not
be made unless the property received by the municipality is equal to or
greater in value than the property exchanged therefor, or if less than such
value the difference shall be paid in money. For the purposes of this
section, "blighted or slum area" means any area where buildings or
improvements, by reason of dilapidation, overcrowding, faulty arrangement
or design, lack of ventilation, light or sanitation facilities, deleterious
land uses, or any combination of these factors, are a detriment to public
safety, health or morals, and an area of not less in the aggregate than 2
acres has been designated by ordinance or resolution as an integrated
project for rehabilitation or redevelopment.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 77-656.)
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65 ILCS 5/11-11-1.1
(65 ILCS 5/11-11-1.1) (from Ch. 24, par. 11-11-1.1)
Sec. 11-11-1.1.
The corporate authorities of each municipality have
the power to establish and operate a homestead program designed to rehabilitate
or construct dwellings in presently blighted areas.
"Homestead program" as used in this Section means a program of conveyances
of unoccupied dwellings and vacant land, for nominal or no consideration,
to heads of households 18 years of age or older who agree:
(a) to rehabilitate or construct qualifying dwellings on such property;
(b) to commence rehabilitation or construction within 60 days of conveyance;
(c) to occupy such property as a principal resident for not less than
3 years, complying with applicable health and safety standards;
(d) to permit reasonable periodic inspection by the municipality to determine
compliance with the conditions of conveyance; and
(e) to surrender and quit claim such property to the municipality, in
a condition at least equivalent to that when first conveyed, upon determination
of noncompliance.
The corporate authorities shall have all powers necessary for the development
and implementation of a homestead program, including but not limited to,
the power to designate a homestead area, to enter into agreements with the
federal government to receive repossessed homes, to establish guidelines for determining
qualified recipients, to dispose of property by lottery or conveyance for
nominal or no consideration, and to appoint a Homestead Board or designate
a not-for-profit corporation as its agent to administer the program and
establish standards of rehabilitation and construction.
(Source: P.A. 83-656.)
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65 ILCS 5/11-11-2
(65 ILCS 5/11-11-2) (from Ch. 24, par. 11-11-2)
Sec. 11-11-2.
The corporate authorities of each municipality may borrow
money or other property and accept contributions, capital grants, gifts,
donations, services or other financial assistance from the United States of
America, the Housing and Home Finance Agency or any other agency or
instrumentality, corporate or otherwise, of the United States of America
for or in aid of an "Urban Renewal Project" as defined in the Act of
Congress approved August 2, 1954, being Public Law 560-83rd Congress, known
as the "Housing Act of 1954", and which the municipality is authorized to
effectuate, and to this end the municipality may comply with such
conditions and enter into such agreements upon such covenants, terms and
conditions as the corporate authorities may deem necessary, appropriate,
convenient or desirable. The corporate authorities may issue bonds,
debentures, notes, special certificates or other evidences of indebtedness
in order to secure loans made pursuant hereto. However, any such bonds,
debentures, notes, special certificates or other evidence of indebtedness
issued hereunder shall be payable solely out of the proceeds from the sale
of real property acquired in the project area, out of any revenue from the
operation, management or demolition of existing buildings or improvements
of any real property acquired in such project area, out of such capital
grants as the municipality may receive from the United States of America or
any agency or instrumentality thereof, or out of any local cash or non-cash
grants-in-aid, as defined in the Act of Congress approved July 15, 1949,
being Public Law 171--81st Congress, known as the "Housing Act of 1949", as
amended, including the Housing Act of 1954, which the municipality or
public body or any other entity may make in connection with the
implementation of such Urban Renewal Project.
Any bonds issued under this Section as limited bonds as defined in Section 3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
Any municipality having a population of 500,000 or more may enter into a
contract with the United States of America or any agency or instrumentality
thereof and agree to the extent authorized by law, to provide such local
grants-in-aid. Notwithstanding any other provision of this Code, such
contract may contain a provision pledging the municipality to provide such
local grants-in-aid over a period of time, not to exceed 5 years from the
date of such contract.
(Source: P.A. 89-655, eff. 1-1-97.)
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65 ILCS 5/11-11-3
(65 ILCS 5/11-11-3) (from Ch. 24, par. 11-11-3)
Sec. 11-11-3.
In addition to all other powers granted municipalities, and
not in derogation thereof, the corporate authorities of any municipality
which is the Local Public Agency under an urban renewal project as defined
in Section 11-11-2 shall have the same powers, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure in the incurrence of indebtedness
and the issuance of bonds as are prescribed in Sections 27 and 28 of the
"Urban Renewal Consolidation Act of 1961", approved August 15, 1961, as the
same are now or may hereafter be amended, as fully as if provisions
contained in said sections of the "Urban Renewal Consolidation Act of 1961"
were set forth herein, except that the term "Department" as therein used
shall, as applied to such municipality, mean the municipality as Local
Public Agency.
(Source: Laws 1963, p. 2217.)
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65 ILCS 5/Art. 11 Div. 11.1
(65 ILCS 5/Art. 11 Div. 11.1 heading)
DIVISION 11.1.
FAIR HOUSING
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65 ILCS 5/11-11.1-1
(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
Sec. 11-11.1-1.
The corporate authorities of any municipality may enact
ordinances prescribing fair housing practices, defining unfair housing
practices, establishing Fair Housing or Human Relations Commissions and
standards for the operation of such Commissions in the administering and
enforcement of such ordinances, prohibiting discrimination based on race,
color, religion, sex, creed, ancestry, national origin, or physical
or mental disability in
the listing, sale, assignment, exchange, transfer, lease, rental or
financing of real property for the purpose of the residential occupancy
thereof, and prescribing penalties for violations of such ordinances.
Such ordinances may provide for closed meetings of the Commissions or
other administrative agencies responsible for administering and enforcing
such ordinances for the purpose of conciliating complaints of
discrimination and such meetings shall not be subject to the provisions of
"An Act in relation to meetings", approved July 11, 1957, as amended. No
final action for the imposition or recommendation of a penalty by such
Commissions or agencies shall be taken, except at a meeting open to the
public.
To secure and guarantee the rights established by Sections 17, 18 and
19 of Article I of the Illinois Constitution, it is declared that any ordinance
or standard enacted under the authority of this Section or under general
home rule power and any standard, rule or regulation of such a Commission
which prohibits, restricts, narrows or limits the housing choice of any person is
unenforceable and void.
Nothing in this amendatory Act of 1981 prohibits such a commission
or a unit of local government from making special outreach efforts to
inform members of minority groups of housing opportunities available in
areas of majority white concentration and make
similar efforts to inform the majority white population of available
housing opportunities located in areas
of minority concentration.
This amendatory Act of 1981 applies to municipalities which are home rule
units. Pursuant to Article VII, Section 6, paragraph (i) of the Illinois
Constitution, this amendatory Act of 1981 is a limit on the power of municipalities
that are home rule units.
(Source: P.A. 99-143, eff. 7-27-15.)
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65 ILCS 5/Art. 11 Div. 11.2
(65 ILCS 5/Art. 11 Div. 11.2 heading)
DIVISION 11.2.
IMPROVEMENT OF GROUP RELATIONS
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65 ILCS 5/11-11.2-1
(65 ILCS 5/11-11.2-1) (from Ch. 24, par. 11-11.2-1)
Sec. 11-11.2-1.
The corporate authorities of any municipality may perform such acts and
promulgate such regulations as are necessary or proper for the promotion of
harmonious relations between racial and economic groups within the
municipality, including, but not limited to, the promotion and development
of public education and information programs emphasizing the contributions
of such groups to the historical and cultural development of the community
and the nation, establishing vocational guidance and employment opportunity
programs to assist members of minority racial and ethnic groups,
establishment of programs to aid in locating housing for such minority
groups, and to assist in the adjustment of such persons to living in urban
environments.
(Source: P.A. 76-1021 .)
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65 ILCS 5/11-11.2-2
(65 ILCS 5/11-11.2-2) (from Ch. 24, par. 11-11.2-2)
Sec. 11-11.2-2.
For the purpose of carrying out the powers granted by this Division, the
corporate authorities may employ such personnel and acquire by purchase or
lease, such real or personal property as they deem necessary and may
provide for the compensation of such personnel and other expenses in the
annual appropriation ordinance through the use of corporate funds. Any
municipality has the power to enter into contracts with any public or
private agency undertaking such programs and authorize such agencies to act
on behalf of the municipality. Such contracts may provide that the cost of
all or a portion of such programs will be paid by the municipality. Any
public or private agency acting under such contract shall report at least
once each year to the corporate authorities of the municipality.
(Source: P.A. 76-1021 .)
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65 ILCS 5/11-11.2-3
(65 ILCS 5/11-11.2-3) (from Ch. 24, par. 11-11.2-3)
Sec. 11-11.2-3.
To assist in carrying out the powers granted in this Division, the
corporate authorities may receive financial assistance from the United
States, or any of its agencies or instrumentalities, or the State of
Illinois, and undertake such responsibilities and comply with such
conditions as may be required by law to receive such assistance. The
corporate authorities may also receive gifts, donations, legacies,
and other
financial assistance from private persons, corporations or foundations, and
devote such assistance to programs developed under this Division.
(Source: P.A. 83-388.)
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65 ILCS 5/Art. 11 Div. 12
(65 ILCS 5/Art. 11 Div. 12 heading)
DIVISION 12.
PLAN COMMISSIONS
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65 ILCS 5/11-12-4
(65 ILCS 5/11-12-4) (from Ch. 24, par. 11-12-4)
Sec. 11-12-4.
Every municipality may create a plan commission or a planning
department or both. A plan commission shall be appointed by a mayor of a
city or president of a village board subject to confirmation by the
corporate authorities. Members of the plan commission shall reside within
the municipality or within territory contiguous to the municipality and not
more than one and one-half miles beyond the corporate limits and not
included within any other municipality. A planning department shall be
created, organized and staffed in such manner as the municipality may
provide by ordinance. The plan commission shall consist of a chairman and
members serving for such terms and such compensation, if any, as the
corporate authorities of the municipality may prescribe by ordinance. The
ordinance may provide that the plan commission shall have a paid secretary
or staff or both. Any plan commission or planning department now existing
and officially created by ordinance of any municipality may continue to
function under the authority of such prior ordinance and any such plan
commission or planning department shall have and exercise all the powers
conferred by law as fully as if it had been created hereunder. Any
municipality which has or shall hereafter create a plan commission or
planning department may appropriate from any funds under its control and
not otherwise appropriated, such sums as the corporate authorities may deem
proper for the maintenance and operation of such plan commission or
planning department, including the salaries of all paid members and
employees; the development of a planning program; the preparation of
regulations, projects and programs pertinent to the development,
redevelopment and renewal of the municipality and such surrounding
territory over which the municipality exercises subdivision jurisdiction;
the preparation and revision of the official map and the exercise of such
powers germane to the purposes for which it was created as may be conferred
upon the plan commission or planning department by ordinance.
Municipalities may accept, receive and expend funds, grants and services
from the federal government or its agencies, or from the State of Illinois
or its agencies or from private persons or corporations or foundations for
planning purposes generally or for planning specific projects.
(Source: P.A. 76-601.)
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65 ILCS 5/11-12-4.1
(65 ILCS 5/11-12-4.1) (from Ch. 24, par. 11-12-4.1)
Sec. 11-12-4.1.
Whenever a municipality of more than 500,000
population has created a plan commission pursuant to the provisions of
this Division 12, every plan, design or other proposal by any public
body or agency which requires the acquisition or disposition of real
property within the territorial limits of the municipality by any public
body or agency, or which changes the use of any real property owned or
occupied by any public body or agency or the location of any improvement
thereon within the territorial limits of the municipality, shall be
referred to the plan commission by such public body or agency not less
than 30 days prior to any election for the purpose of authorizing the
borrowing of money for, or any action by such public body or agency to
appropriate funds for, or to authorize such changes or the acquisition
or disposition of such real property, but in no event shall such
referral be less than 30 days prior to making such changes or acquiring
or disposing of such real property. The plan commission shall review
every such plan, design or other proposal and shall within 30 days after
submission thereof report to the public body or agency having
jurisdiction over such real property or improvement thereon concerning
the conformity of the plan, design, or other proposal with the long
range planning objectives of the municipality and with the official plan
for the municipality or any part thereof if the same shall then be in
effect as provided in Section 11-12-2. Such report shall be spread of
record in the minutes or record of proceedings of such public body or
agency. A report that any such plan, design, or other proposal is not in
conformity with the long range planning objectives of the municipality,
or the official plan for the municipality shall be accompanied by a
written statement of the respects in which such conformity is lacking
but such a report shall not bar the public body or agency having
jurisdiction over such real property or improvement thereon from
thereafter making such changes or acquiring or disposing of such real
property. The failure of the plan commission to report on any such plan,
design, or other proposal within 30 days after submission of the same to
it, shall be deemed to be a report that such plan, design, or other
proposal conforms in all respects with the long range planning
objectives and the official plan of the municipality.
As used in this section the terms "public body" or "agency" include
the State of Illinois, any county, township, district including the Chicago
Park District, school,
authority, municipality, or any official, board, commission or other
political corporation or subdivision of the State of Illinois, now or
hereafter created, whether herein specifically mentioned or not.
(Source: P.A. 81-411.)
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65 ILCS 5/11-12-5
(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
Sec. 11-12-5.
Every plan commission and planning department authorized by
this Division 12 has the following powers and whenever in this Division 12
the term plan commission is used such term shall be deemed to include the
term planning department:
(1) To prepare and recommend to the corporate | | authorities a comprehensive plan for the present and future development or redevelopment of the municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of that municipality. This plan may include reasonable requirements with reference to streets, alleys, public grounds, and other improvements hereinafter specified. The plan, as recommended by the plan commission and as thereafter adopted in any municipality in this state, may be made applicable, by the terms thereof, to land situated within the corporate limits and contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality. Such plan may be implemented by ordinances (a) establishing reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined; (b) establishing reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment; and (c) may designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.
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(2) To recommend changes, from time to time, in the
| | official comprehensive plan.
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(3) To prepare and recommend to the corporate
| | authorities, from time to time, plans for specific improvements in pursuance of the official comprehensive plan.
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(4) To give aid to the municipal officials charged
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(5) To prepare and recommend to the corporate
| | authorities schemes for regulating or forbidding structures or activities which may hinder access to solar energy necessary for the proper functioning of solar energy systems, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977, or to recommend changes in such schemes.
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(6) To exercise such other powers germane to the
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For purposes of implementing ordinances regarding developer
donations
or
impact fees,
and specifically for expenditures thereof,
"school grounds" is defined as including land or site
improvements,
which include
school buildings or other infrastructure, including technological infrastructure, necessitated and specifically and
uniquely attributed to the
development or subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer donations paid into a
school district or held in a separate account or escrow fund by any school
district
or municipality for a school district.
(Source: P.A. 98-741, eff. 1-1-15; 99-78, eff. 7-20-15 .)
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65 ILCS 5/11-12-5.1
(65 ILCS 5/11-12-5.1) (from Ch. 24, par. 11-12-5.1)
Sec. 11-12-5.1.
School land donations.
The governing board of a school
district may submit to the corporate authorities of a municipality having
a population of less than 500,000 which is served by the school district a
written request that a meeting be held to discuss school land donations
from a developer of a subdivision or resubdivision of land included within
the area served by the school district. For the purposes of this Section,
"school land donation" means a donation of land for public school purposes
or a cash contribution in lieu thereof, or a combination of both.
(Source: P.A. 86-1023; 86-1039.)
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65 ILCS 5/11-12-6
(65 ILCS 5/11-12-6) (from Ch. 24, par. 11-12-6)
Sec. 11-12-6.
An official comprehensive plan, or any amendment thereof, or
addition thereto, proposed by a plan commission shall be effective in the
municipality and contiguous area herein prescribed only after its formal
adoption by the corporate authorities. Such plan shall be advisory and in
and of itself shall not be construed to regulate or control the use of
private property in any way, except as to such part thereof as has been
implemented by ordinances duly enacted by the corporate authorities. At any
time or times, before or after the adoption of the official comprehensive
plan by the corporate authorities, such corporate authorities may designate
by ordinance an official map, which map may consist of the whole area
included within the official comprehensive plan or one or more separate
geographical or functional parts, and may include all or any part of the
contiguous unincorporated area within one and one-half miles from the
corporate limits of the municipality. Such map or maps shall be made a part
of the ordinance, which ordinance shall specifically state standard
requirements of the municipality relating to size of streets, alleys,
public ways, parks, playgrounds, school sites, other public grounds, and
ways for public service facilities; the kind and quantity of materials
which shall be used in the construction of streets, and alleys; and the
kind and quality of materials for public service facilities as may be
consistent with Illinois Commerce Commission or industry standards, and
shall contain the standards required for drainage and sanitary sewers and
collection and treatment of sewage. The map shall be drawn to scale, shall
be reasonably accurate, and shall show north point, section lines and
numbers, and streams.
Said official comprehensive plan and the ordinance or ordinances
including the official map shall be placed on file with the Municipal Clerk
and shall be available at all times during business hours for public
inspection. Copies of said plan, all ordinances implementing the same and
including the official map, shall be made available to all interested
parties upon payment of such sum as the corporate authorities shall
determine to be adequate to reimburse the general fund of the municipality
for the cost of printing and distributing the same.
(Source: Laws 1961, p. 2757.)
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65 ILCS 5/11-12-7
(65 ILCS 5/11-12-7) (from Ch. 24, par. 11-12-7)
Sec. 11-12-7.
The corporate authorities may initiate plans and maps by requesting the
plan commission to prepare an official comprehensive plan and recommend the
same, or may originate an official comprehensive plan, or a part thereof,
or an amendment thereto, and may refer same or suggested changes in an
existing comprehensive plan to the plan commission for its consideration
and recommendation thereon. No comprehensive plan or amendment thereto
shall be adopted that has not been submitted to the plan commission.
The corporate authorities may adopt parts of a comprehensive plan
recommended by a plan commission without adopting the entire comprehensive
plan as recommended, or may modify or amend portions of a recommended
comprehensive plan without a re-reference of same to the plan commission,
and may adopt such comprehensive plan, as modified or amended. Such
comprehensive plan, when adopted, shall be the official comprehensive plan,
or part thereof, of that municipality.
Upon submission by the corporate authorities of any suggested
comprehensive plan, part thereof, or amendment to an existing comprehensive
plan to the plan commission for consideration and recommendation, the
corporate authorities may require a report thereon from the plan commission
with its recommendation within 90 days from the date of such submission,
and if the plan commission shall fail to make such report within such 90
days, then the corporate authorities may proceed to consider such
comprehensive plan, or part thereof or amendment to an existing
comprehensive plan, for adoption, including arranging for and holding of a
public hearing thereon in accordance with the provisions hereinafter
contained in the same manner as if the plan commission had made its
recommendation.
On and after the effective date of this amendatory act of 1961, an
official comprehensive plan, or any amendment thereof, shall not be adopted
by a municipality until notice and opportunity for public hearing have
first been afforded in the manner herein provided. Upon submission of a
comprehensive plan by the plan commission, or a proposed amendment to an
existing comprehensive plan, the corporate authorities shall schedule a
public hearing thereon, either before the plan commission or the corporate
authorities. Not less than 15 days' notice of the proposed hearing, and the
time and place thereof, shall be given by publication in a newspaper of
general circulation in the county or counties in which the municipality and
contiguous unincorporated territory are located. The hearing shall be
informal, but all persons desiring to be heard in support or opposition to
the comprehensive plan or amendment shall be afforded such opportunity, and
may submit their statements, orally, in writing, or both. The hearing may
be recessed to another date if not concluded, if notice of the time and
place thereof is publicly announced at the hearing or is given by newspaper
publication not less than 5 days prior to the recessed hearing.
Within 90 days after the conclusion of the hearing, the corporate
authorities, after consideration of the recommendation of the plan
commission and such information as shall have been derived from the
hearing, shall either adopt the comprehensive plan or amendment in whole or
in part or reject the entire comprehensive plan or amendment. If adopted,
the corporate authorities shall enact the ordinance including a map or maps
as hereinbefore provided. In adopting an official comprehensive plan,
except as herein otherwise provided, the corporate authorities shall be
subject to the same limitations as to subject matter as apply to the plan
commission. If at the expiration of such 90 days, the corporate authorities
have taken no formal action, the comprehensive plan or amendment thereto
may thereafter not be acted upon by the corporate authorities without again
complying with the conditions of notice and hearing heretofore provided.
No official map, or amendment or addition thereto, shall be ground for
rejection of any plat of subdivision or resubdivision by the corporate
authorities, if application for final approval of such subdivision or
resubdivision is filed with the corporate authorities 15 days or more prior
to the date on which the ordinance approving the official map, or amendment
or addition thereto, is adopted.
The comprehensive plan or amendment shall become effective upon the
expiration of 10 days after the date of filing notice of the adoption of
such comprehensive plan or amendment with the recorder of the county.
Whenever used in this Section 11-12-7 the words "plans" or "comprehensive
plan" shall be deemed to mean and include, where applicable, an official
map or maps.
(Source: P.A. 83-358.)
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65 ILCS 5/11-12-8
(65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
Sec. 11-12-8.
Compliance of plat with map; designation of public lands;
approval;
bond; order; failure to act upon plat.
The corporate authorities of the municipality shall determine whether a
proposed plat of subdivision or resubdivision complies with the official
map. To secure such determination, the person requesting the subdivision or
resubdivision shall file four copies of a plat thereof with the clerk of
the municipality, and shall furnish therewith four copies of all data
necessary to show compliance with all applicable municipal regulations and
shall make application for preliminary or final approval of the proposed
plat.
Whenever the reasonable requirements provided by the ordinance including
the official map shall indicate the necessity for providing for a school
site, park site, or other public lands within any proposed subdivision for
which approval has been requested, and no such provision has been made
therefor, the municipal authority may require that lands be designated for
such public purpose before approving such plat. Whenever a final plat of
subdivision, or part thereof, has been approved by the corporate
authorities as complying with the official map and there is designated
therein a school site, park site or other public land, the corporate
authorities having jurisdiction of such use, be it a school board, park
board or other authority, such authority shall acquire the land so
designated by purchase or commence proceedings to acquire such land by
condemnation within one year from the date of approval of such plat; and if
it does not do so within such period of one year, the land so designated
may then be used by the owners thereof in any other manner consistent with
the ordinance including the official map and the zoning ordinance of the
municipality.
The corporate authorities may by ordinance provide that a plat of
subdivision may be submitted initially to the plan commission for
preliminary approval. The application for preliminary approval shall show
location and width of proposed streets and public ways, shall indicate
proposed location of sewers and storm drains, proposed dedication of public
grounds, if any, lot sizes, proposed easements for public utilities, and
proposed method of sewage and waste disposal, but need not contain
specifications for proposed improvements.
The plan Commission shall approve or disapprove the application for
preliminary approval within 90 days from the date of the application or the
filing by the applicant of the last item of required supporting data,
whichever date is later, unless such time is extended by mutual consent. If
such plat is disapproved, then within said 90 days the plan commission
shall furnish to applicant in writing a statement setting forth the reason
for disapproval and specifying with particularity the aspects in which the
proposed plat fails to conform to the ordinances including official map. If
such plat is approved the corporate authority shall accept or reject said
plat within 30 days after its next regular stated meeting following the
action of the plan commission. Preliminary approval shall not qualify a
plat for recording.
Application for final approval of a plat shall be made not later than
one year after preliminary approval has been granted. This application must
be supported by such drawings, specifications and bond as may be necessary
to demonstrate compliance with all requirements of this statute and such
regulations as the corporate authorities may provide by ordinance under
authority of this statute.
This Section is subject to the provisions of Section 11-39-3 of this
Code.
The applicant may elect to have final approval of a geographic part or
parts of the plat that received preliminary approval, and may delay
application for approval of other parts until a later date or dates beyond
one year with the approval of the municipal authorities; provided, all
facilities required to serve the part or parts for which final approval is
sought have been provided. In such case only such part or parts of the plat
as have received final approval shall be recorded.
When a person submitting a plat of subdivision or resubdivision for
final approval has supplied all drawings, maps and other documents required
by the municipal ordinances to be furnished in support thereof, and if all
such material meets all municipal requirements, the corporate authorities
shall approve the proposed plat within 60 days from the date of filing the
last required document or other paper or within 60 days from the date of
filing application for final approval of the plat, whichever date is later.
The applicant and the corporate authorities may mutually agree to extend
the 60 day period.
Except as provided in Section 3 of the Public Construction Bond Act, the
corporate authorities may provide that any person, firm or
corporation seeking approval of a subdivision or resubdivision map or plat
shall post a good and sufficient cash bond, irrevocable letter of credit,
or surety bond with the municipal clerk in a penal
sum sufficient to cover the estimate made by the municipal engineer, or
other authorized person, of expenditures, including but not limited to
reasonable inspection fees to be borne by the applicant, necessary to
conform to the requirements established and conditioned upon completion of
said requirements in a reasonable time. The corporate authorities may, by
ordinance, prescribe the form of the cash bond, irrevocable letter of
credit, or surety bond and may require surety to be
approved by the corporate authorities; provided, that a municipality may
permit the depositing of cash or other security acceptable to the corporate
authorities, to complete the improvements required in lieu of a bond if it
shall so provide by ordinance; and further provided, that no bond or
security shall be required to be filed until the corporate authorities have
approved the plat in all other respects and have notified the applicant of
such approval. If the corporate authorities require a cash bond, letter of
credit, surety, or any other method to cover the costs and expenses and to
insure
completion of the requirements, the requirements shall be
subject to the provisions of Section 11-39-3 of this
Code.
If the preliminary or final plat is approved, the municipal clerk shall
attach a certified copy of the order or resolution of approval to a copy of
the plat. If the proposed plat is disapproved, the order or resolution
shall state the reasons for the disapproval, specifying with particularity
the aspects in which the proposed plat fails to conform to the official
map. A copy of the order or resolution shall be filed in the office of the
municipal clerk.
If the corporate authorities fail to act upon the final plat within the
time prescribed the applicant may, after giving 5 days written notice to
the corporate authorities, file a complaint for summary judgment in the
circuit court and upon showing that the corporate authorities have failed
to act within the time prescribed the court shall enter an order
authorizing the recorder to record the plat as
finally submitted
without the approval of the corporate authorities. A plat so recorded shall
have the same force and effect as though that plat had been approved by the
corporate authorities. If the corporate authorities refuse to act upon the
final plat within the time prescribed and if their failure to act thereon
is wilful, upon such showing and upon proof of damages the municipality
shall be liable therefor.
(Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
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65 ILCS 5/11-12-9
(65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)
Sec. 11-12-9. If unincorporated territory is within one and one-half miles
of the boundaries of two or more corporate authorities that have adopted
official plans, the corporate authorities involved may agree upon a line
which shall mark the boundaries of the jurisdiction of each of the
corporate authorities who have adopted such agreement. On and after
September 24, 1987, such agreement may provide that one or more of the
municipalities shall not annex territory which lies within the jurisdiction
of any other municipality, as established by such line. In the absence of
such a boundary line agreement, nothing in this paragraph shall be
construed as a limitation on the power of any municipality to annex
territory. In arriving at an agreement for a jurisdictional boundary line,
the corporate authorities concerned shall give consideration to the natural
flow of storm water drainage, and, when practical, shall include all of any
single tract having common ownership within the jurisdiction of one
corporate authority. Such agreement shall not become effective until copies
thereof, certified as to adoption by the municipal clerks of the respective
municipalities, have been filed in the Recorder's Office and made available
in the office of the municipal clerk of each agreeing municipality.
Any agreement for a jurisdictional boundary line shall be valid for such
term of years as may be stated therein, but not to exceed 20 years, and if
no term is stated, shall be valid for a term of 20 years. The term of such
agreement may be extended, renewed or revised at the end of the initial or
extended term thereof by further agreement of the municipalities.
In the absence of such agreement, the jurisdiction of any one of the
corporate authorities shall extend to a median line equidistant from its
boundary and the boundary of the other corporate authority nearest to the
boundary of the first corporate authority at any given point on the line.
On and after January 1, 2006, no corporate authority may enter into an agreement pursuant to this Section unless, not less than 30 days and not more than 120 days prior to formal approval thereof by the corporate authority, it shall have first provided public notice of the proposed boundary agreement by both of the following: (1) the posting of a public notice for not less than | | 15 consecutive days in the same location at which notices of village board or city council meetings are posted; and
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| (2) publication on at least one occasion in a
| | newspaper of general circulation within the territory that is subject to the proposed agreement.
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| The validity of a boundary agreement may not be legally challenged on the grounds that the notice as required by this Section was not properly given unless the challenge is initiated within 12 months after the formal approval of the boundary agreement.
An agreement that addresses jurisdictional boundary lines shall be entirely unenforceable for any party thereto that subsequently enters into another agreement that addresses jurisdictional boundary lines that is in conflict with any of the terms of the first agreement without the consent of all parties to the first agreement.
For purposes of this Section, it shall not be considered a "conflict" when a municipality that is a party to a jurisdictional boundary line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary line agreement.
This amendatory Act of 1990 is declarative of the existing law and
shall not be construed to modify or amend existing boundary line
agreements, nor shall it be construed to create powers of a municipality not
already in existence.
Except for those provisions to take effect prospectively, this amendatory Act of the 94th General Assembly is declarative of existing law and shall not be construed to modify or amend existing boundary line agreements entered into on or before the effective date of this amendatory Act, nor shall it be construed to create powers of a municipality not already in existence on the effective date of this amendatory Act.
(Source: P.A. 99-292, eff. 8-6-15.)
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65 ILCS 5/11-12-10
(65 ILCS 5/11-12-10) (from Ch. 24, par. 11-12-10)
Sec. 11-12-10.
The provisions of this amendatory Act of 1961 shall not
affect the validity of any official plan or map adopted and in force prior
to the effective date hereof.
(Source: Laws 1961, p. 2757.)
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65 ILCS 5/11-12-11
(65 ILCS 5/11-12-11) (from Ch. 24, par. 11-12-11)
Sec. 11-12-11.
If a municipality has adopted an official plan or map
pursuant to the authority granted by this Division 12, the territory
subject to that plan shall be exempt from the application of any less
restrictive rules or regulations adopted by a County Board under the
provisions of Section 5-1042 of the Counties Code.
(Source: P.A. 86-1475.)
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65 ILCS 5/11-12-12
(65 ILCS 5/11-12-12) (from Ch. 24, par. 11-12-12)
Sec. 11-12-12.
No map or plat of any subdivision presented for record
affecting land (1) within the corporate limits of any municipality which
has heretofore adopted, or shall hereafter adopt an ordinance including an
official map in the manner prescribed in this Division 12, or (2) within
contiguous territory which is not more than 1 1/2 miles beyond
the corporate limits of an adopting municipality, shall be entitled to
record or shall be valid unless the subdivision shown thereon provides for
streets, alleys, public ways, ways for public service facilities, storm and
flood water run-off channels and basins, and public grounds, in conformity
with the applicable requirements of the ordinances including the official
map; provided, that a certificate of approval by the corporate authorities,
certified by the clerk of the municipality in whose jurisdiction the land
is located, or a certified copy of an order of the circuit court directing
the recording as provided in Section 11-12-8, shall be sufficient evidence
of compliance with this section upon which the recorder may accept
the plat for recording.
The provisions of this Section do not apply to any plat for consolidation
of 2 or more contiguous parcels, located within any territory
that is outside of the corporate limits of a municipality but within a county
that has adopted a subdivision ordinance and that has a population of more than
250,000, into a smaller
number of
parcels if the sole purpose of the consolidation
is to bring a non-conforming parcel into conformance with local
zoning requirements.
The exemption created by this amendatory Act of the 92nd General Assembly
does not apply to a plat for consolidation for an area in excess of 10 acres
or to any consolidation that results in a plat of more than 10 individual lots
following the consolidation. If the county receives a request to approve a plat
for consolidation pursuant to this Section, the county must notify
all municipalities located within 1 1/2 miles of the subject property within 10
days after receiving the request.
(Source: P.A. 92-361, eff. 1-1-02.)
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65 ILCS 5/11-12-13
(65 ILCS 5/11-12-13)
Sec. 11-12-13.
Joint plan commissions.
Whenever the corporate
authorities of 2 or more municipalities having a population less than 500,000
determine that unincorporated land and territory lying adjacent to any one or
more of such municipalities, or land and territory comprising a portion of
such municipalities, or land and territory both lying adjacent to such
municipalities and being a part of such municipalities forms a contiguous
region and such land and territory (i) is or was formerly owned by the United
States of America or any department thereof, (ii) is located entirely within a
county having a population of not less than 500,000 nor more than 1,000,000
persons, (iii) has been annexed or is intended to be annexed to one or more of
such municipalities, and (iv) comprises not less than 500 nor more than 800
acres, the said corporate authorities are hereby empowered, by
intergovernmental agreement between or among the municipalities, to define the
boundaries of such region and to create a joint plan commission having one,
some, or all of the powers set forth in this Section.
(1) Membership of joint plan commissions. The joint plan commission shall
consist of such number of persons known as "members" as shall be set forth in
the intergovernmental agreement. The parties, acting by and through their
mayors or village presidents with the advice and consent of each of their
respective corporate
authorities, shall appoint the members who shall hold office as set forth in
such intergovernmental agreement. If authorized to do so by such
intergovernmental agreement, the joint plan commission may employ a staff to
assist in the administration and enforcement of zoning and building codes or
ordinances throughout the region.
(2) Powers and duties of joint plan commissions. The corporate authorities
by such intergovernmental agreement may provide for the joint plan commission
to have all or some of the functions, powers and duties contained in Divisions
12, 13, 14, and 15 of this Article 11 of this Code.
(a) The joint plan commission shall be a | | recommendatory body only and all recommendations thereof shall be advisory to all of the corporate authorities of the municipalities which have entered into such intergovernmental agreement and affect only that incorporated land and territory of the region lying within the corporate limits of such municipalities.
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(b) Such intergovernmental agreement may further
| | authorize such joint plan commission exclusive jurisdiction to apply and enforce the respective zoning and building codes and other applicable codes of each municipality concerning the land within the region lying within the respective corporate limits of such municipality and may provide for immediate removal of such region from the jurisdiction of such municipalities' plan commissions, zoning boards of appeal, and other bodies or officials authorized to exercise such powers and duties.
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(c) Such intergovernmental agreement may authorize
| | such joint plan commission to establish rules and procedures consistent with this Section as may be necessary to carry out the terms of such intergovernmental agreement.
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(3) Conflict resolution.
(a) In order to become effective in matters
| | within its jurisdiction, a recommendation of any such joint plan commission pursuant to this Section shall require the approval set forth in the intergovernmental agreement. The intergovernmental agreement creating a joint plan commission shall establish procedures for the consideration and approval or disapproval by such municipalities of the joint plan commission's recommendation, and for the resolution between or among the municipalities of disputes or differences arising from any recommendation of the joint plan commission. Once effective, any such recommendation regarding rezoning, variations, or special uses shall require the adoption of a suitable ordinance by the corporate authorities of only that municipality within whose corporate limits lies the land and territory which is the subject of such recommendation.
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(b) Any party to such intergovernmental agreement
| | may by civil action, mandamus, injunction or other proceeding, enforce and compel performance of the agreement.
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This amendatory Act of 1996 shall not be a limitation on home rule powers.
(Source: P.A. 89-666, eff. 8-14-96.)
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65 ILCS 5/Art. 11 Div. 12.1
(65 ILCS 5/Art. 11 Div. 12.1 heading)
DIVISION 12.1.
REVENUE BONDS FOR CONSERVATION
PLAN AREAS
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65 ILCS 5/11-12.1-1
(65 ILCS 5/11-12.1-1) (from Ch. 24, par. 11-12.1-1)
Sec. 11-12.1-1.
Any municipality which has a Conservation Board or
Department of Urban Renewal, pursuant to the "Urban Community Conservation
Act", as heretofore and hereafter amended, or the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy-Second General
Assembly, as the case may be, may borrow money and issue and sell bonds
in one or more series and in such amount, or amounts, as the corporate
authorities may determine for the purpose of creating, owning and managing
a pool of funds for the purchase of mortgage loans on properties within any
area affected by a Conservation Plan approved by the municipality pursuant
to the "Urban Community Conservation Act" or the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy-Second General Assembly,
as such acts are heretofore and hereafter amended, and to sell and refund
and refinance the same from time to time as often as shall be advantageous
and to the public interest to do so.
Any bonds issued under this Section as limited bonds as defined in Section 3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)
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65 ILCS 5/11-12.1-2
(65 ILCS 5/11-12.1-2) (from Ch. 24, par. 11-12.1-2)
Sec. 11-12.1-2.
All bonds issued under the authority of this Division
12.1 shall bear interest at not more than the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, payable semi-annually, and may be sold by the corporate
authorities in such manner as they may deem best in the public interest;
provided, however, such bonds shall be sold at such price that the interest
cost of the proceeds therefrom will not exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, based on the average maturity of such bonds and computed
according to standard tables of bond values. Such bonds shall be payable
solely and only from the revenues to be derived from loans of the proceeds
thereof, as hereinafter provided, to owners of property within any area
affected by a Conservation Plan approved by the municipality pursuant to
the "Urban Community Conservation Act", as amended, or the "Urban Renewal
Consolidation Act of 1961", as amended, and shall be secured by a pledge of
such loans and all security appertaining thereto.
Such bonds, when issued, shall have all of the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code. Such
bonds may bear such date, or dates, and may mature at such time, or times,
not exceeding 30 years from their date or dates, and may be in such form,
carry such registration privilege, may be payable at such place or places,
may be subject to such terms of redemption, prior to maturity, with or
without premium, as so stated on the face of the bond, and contain such
terms and covenants, all as may be provided by ordinance authorizing the
issuance of such bonds. Such bonds shall be executed by such officers as
the corporate authorities shall designate in the ordinance. Any bonds
bearing the signatures of officers in office at the date of signing thereof
shall be valid and binding for all purposes, notwithstanding that before
delivery thereof any or all such persons whose signatures appear thereon
shall cease to be such officers.
Each bond shall state upon its face that it is payable solely and only
from the revenues to be derived from purchased loans of the proceeds
thereof to the owners of property within any area affected by a
Conservation Plan approved by the municipality pursuant to the "Urban
Community Conservation Act", as amended, or the "Urban Renewal Consolidation
Act of 1961", as amended, and shall state upon its face that it
does not constitute an obligation of the city, village or incorporated town
within the meaning of any constitutional or statutory limitation or
provision.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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65 ILCS 5/11-12.1-3
(65 ILCS 5/11-12.1-3) (from Ch. 24, par. 11-12.1-3)
Sec. 11-12.1-3.
All loans purchased hereunder shall be to owners of real
property in areas affected by a Conservation Plan approved by the
municipality pursuant to the above named Acts, shall be conditioned upon
full compliance by such owners with the terms and provisions of such
approved Conservation Plan and shall be secured by a first mortgage note or
notes and lien upon such real property, which mortgage shall be insured by
the Federal Housing Commissioner of the United States of America against
loss in accordance with the provisions of the National Housing Act of the
United States in force at the time of the making of such loan.
(Source: Laws 1961, p. 3702.)
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65 ILCS 5/11-12.1-4
(65 ILCS 5/11-12.1-4) (from Ch. 24, par. 11-12.1-4)
Sec. 11-12.1-4.
The corporate authorities of any such municipality availing
themselves of the provisions of this Division 12.1 shall adopt an ordinance
describing a Conservation Area or Areas, as that term is defined in the
above named Acts, within which the proceeds of the sale of such bonds shall
be made available for purchase of loans, which shall be placed on file in
the office of the clerk of such municipality and which shall be open for
the inspection of the public. Such ordinance shall fix the amount of the
revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, and all details in respect thereof. Such ordinance shall
contain such covenants or restrictions as may be deemed necessary or
advisable by the corporate authorities and without limiting the generality
of the foregoing, such ordinance shall contain such covenants as may be
determined by the corporate authorities as to:
a. The issuance of additional series of bonds that may thereafter be
issued, payable from the revenues derived from purchased loans of such
proceeds to the owners of real property within Conservation Areas affected
by an approved Conservation Plan as hereinbefore provided.
b. The pledge by the municipality of all investments and loans made from
the sale of such revenue bonds as security for the payment of such revenue
bonds and authorization of the execution of such agreements or collateral
trust indentures necessary to accomplish such pledge.
c. Operation, maintenance, management, accounting and auditing and the
keeping of records, reports and audits of the operation of such mortgage
loan fund.
d. Limiting the right of the municipality to invest the funds derived
from the sale of such revenue bonds in first mortgages on real property
within Conservation Areas affected by approved Conservation Plans and which
mortgages shall be insured against loss by the Federal Housing Commissioner
pursuant to the provisions of the Federal Housing Act as hereinbefore
provided. Pending the investment of such fund, the municipality may invest
such fund in good interest paying securities such as are authorized by law
for the investment of public funds, there to remain until the same is
needed for proceeding hereunder.
e. The obligation of the municipality to properly administer the
mortgage loan fund, to collect the principal and interest payable upon
loans as herein provided, to enforce its rights with respect to such
mortgage notes and security, in the event of default therein to take proper
action to enforce its rights in the collection of such mortgage notes and
foreclosure of the security therein pledged, and to secure the benefit of
the insurance against loss of such mortgage by the Federal Housing
Commissioner of the United States of America in accordance with the
provisions of the National Housing Act of the United States and to apply
the proceeds of such mortgage loan fund to the payments of interest and
principal on account of the revenue bonds issued and sold thereunder.
f. The designation of a committee of bondholders to consult with and
advise the municipality in the administration of the mortgage loan fund.
g. Fixing procedure by which the terms of any contract with the holders
of the bonds may be amended, the amount of bonds the holders of which must
consent thereto, and the manner in which such consent may be given.
h. Providing for the establishment of suitable reserves and regulating
the cost of administration in the operation, management and supervision of
such mortgage fund.
i. Such covenants as may be deemed necessary or desirable to assure
successful operation of such mortgage loan fund and prompt payment of the
principal of and interest upon bonds so authorized.
After such ordinance has been adopted and approved, it shall be
published once in a newspaper published and having a general circulation in
such municipality or, if there be no such newspaper published in such
municipality, then the ordinance should be posted in at least 5 of the most
public places in such municipality and shall become effective 10 days after
publication or posting thereof.
(Source: Laws 1961, p. 3702.)
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65 ILCS 5/11-12.1-5
(65 ILCS 5/11-12.1-5) (from Ch. 24, par. 11-12.1-5)
Sec. 11-12.1-5.
Whenever revenue bonds are issued and outstanding under
this Division 12.1, the entire revenues derived from the operation of the
mortgage loan fund thereby created shall be set aside as collected and
deposited in a separate fund, separate and apart from all other funds of
such municipality, which special fund shall be used only in paying the cost
of operation, maintenance and supervision of such mortgage loan fund and
paying the principal of and interest upon the revenue bonds of such
municipality issued under this Division 12.1 in such order or priority as
shall be provided by the respective ordinance authorizing revenue bonds;
provided, however, no priority accorded by such an ordinance may be
impaired by a subsequent ordinance authorizing revenue bonds unless
specifically so permitted by a covenant of the kind authorized to be
included in an ordinance by Section 11-12.1-4. After all such bonds have
been paid, such revenues shall then be applied for the retirement of any
other outstanding bonds issued by the municipality under this Division
12.1. After all such bonds issued under this Division 12.1 have been paid,
such revenues may be transferred to the general corporate fund of any such
municipality, only when and in the manner permitted and authorized in
accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any bonds under the provisions of this Division
12.1.
(Source: Laws 1961, p. 3702.)
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65 ILCS 5/11-12.1-6
(65 ILCS 5/11-12.1-6) (from Ch. 24, par. 11-12.1-6)
Sec. 11-12.1-6.
The provisions of this Division 12.1 and of any ordinance
or other proceeding authorizing the issuance of bonds under this Division
12.1 shall constitute a contract with the holders of such bonds and any
holder of a bond or bonds or any of the coupons of any bond or bonds of
such municipality issued under this Division 12.1 may by action, mandamus,
injunction or other proceeding,
enforce and compel
the performance of all duties required by this Division 12.1 including the
application of income and revenue from such mortgage loan fund and the
faithful performance of any agreement or collateral trust indentures
securing the payment of such bonds.
(Source: P.A. 83-345.)
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65 ILCS 5/Art. 11 Div. 13
(65 ILCS 5/Art. 11 Div. 13 heading)
DIVISION 13.
ZONING
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65 ILCS 5/11-13-1
(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
Sec. 11-13-1. To the end that adequate light, pure air, and safety from
fire and other dangers may be secured, that the taxable value of land and
buildings throughout the municipality may be conserved, that congestion in
the public streets may be lessened or avoided, that the hazards to persons
and damage to property resulting from the accumulation or runoff of storm
or flood waters may be lessened or avoided, and that the public health,
safety, comfort, morals, and welfare may otherwise be promoted, and to
insure and facilitate the preservation of sites, areas, and structures of
historical, architectural and aesthetic importance; the corporate
authorities in each municipality have the following powers:
(1) to regulate and limit the height and bulk of | | buildings hereafter to be erected;
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| (2) to establish, regulate and limit, subject to the
| | provisions of Division 14 of this Article 11, the building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin;
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| (3) to regulate and limit the intensity of the use of
| | lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings;
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| (4) to classify, regulate and restrict the location
| | of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses;
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| (5) to divide the entire municipality into districts
| | of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Division 13;
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| (6) to fix standards to which buildings or structures
| | (7) to prohibit uses, buildings, or structures
| | incompatible with the character of such districts;
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| (8) to prevent additions to and alteration or
| | remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this Division 13;
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| (9) to classify, to regulate and restrict the use of
| | property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household;
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| (10) to regulate or forbid any structure or activity
| | which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977;
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| (11) to require the creation and preservation of
| | affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing; and
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| (12) to establish local standards solely for the
| | review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process; except that, other than reasonable restrictions as to size, no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential property during any period of time, the regulation of these signs being a power and function of the State and, therefor, this item (12) is a denial and limitation of concurrent home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
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The powers enumerated may be exercised within the corporate limits or
within contiguous territory not more than one and one-half miles beyond the
corporate limits and not included within any municipality. However, if any
municipality adopts a plan pursuant to Division 12 of Article 11 which
plan includes in its provisions a provision that the plan applies to such
contiguous territory not more than one and one-half miles beyond the
corporate limits and not included in any municipality, then no other
municipality shall adopt a plan that shall apply to any territory included
within the territory provided in the plan first so adopted by another
municipality. No municipality shall exercise any power set forth in this
Division 13 outside the corporate limits thereof, if the county in which
such municipality is situated has adopted "An Act in relation to county
zoning", approved June 12, 1935, as amended.
Nothing in this Section prevents a municipality of more than 112,000
population located in a county of less than 185,000 population that has adopted
a zoning ordinance and the county that adopted the zoning ordinance from
entering into an intergovernmental agreement that allows the municipality to
exercise its zoning powers beyond its territorial limits; provided, however,
that the intergovernmental agreement must be limited to the territory within
the municipality's planning jurisdiction as defined by law or any existing
boundary agreement. The county and the municipality must amend their
individual zoning maps in the same manner as other zoning changes are
incorporated into revised zoning maps.
No such intergovernmental agreement may authorize a municipality to exercise
its zoning powers, other than powers that a county may exercise under
Section 5-12001 of the Counties Code, with respect to land used for
agricultural purposes. This amendatory Act of the 92nd General Assembly is
declarative of existing law.
No municipality may exercise any
power set forth in this Division 13 outside the corporate limits of the
municipality with respect to a facility of a telecommunications carrier defined
in Section 5-12001.1 of the Counties Code.
Notwithstanding any other provision of law to the contrary, 30 days prior to the issuance of any permits for a new telecommunications facility within 1.5 miles of a municipality, the telecommunications carrier constructing the facility shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility, (ii) the address and telephone number of the governmental entity that is to issue the building permit for the telecommunications facility, (iii) a site plan and site map of sufficient specificity to indicate both the location of the parcel where the telecommunications facility is to be constructed and the location of all the telecommunications facilities within that parcel, and (iv) the property index number and common address of the parcel where the telecommunications facility is to be located. The notice shall not contain any material that appears to be an advertisement for the telecommunications carrier or any services provided by the telecommunications carrier. The notice shall be provided in person, by overnight private courier, or by certified mail to all owners of property within 250 feet of the parcel in which the telecommunications carrier has a leasehold or ownership interest. For the purposes of this notice requirement, "owners" means those persons or entities identified from the authentic tax records of the county in which the telecommunications facility is to be located. If, after a bona fide effort by the telecommunications carrier to determine the owner and his or her address, the owner of the property on whom the notice must be served cannot be found at the owner's last known address, or if the mailed notice is returned because the owner cannot be found at the last known address, the notice requirement of this paragraph is deemed satisfied. For the purposes of this paragraph, "facility" means that term as it is defined in Section 5-12001.1 of the Counties Code.
If a municipality adopts a
zoning plan covering an area outside its corporate limits, the plan adopted
shall be reasonable with respect to the area outside the corporate limits
so that future development will not be hindered or impaired; it is
reasonable for a municipality to regulate or prohibit the extraction of
sand, gravel, or limestone even when those activities are related to an
agricultural purpose. If all or any part of the area outside the corporate
limits of a municipality which has been zoned in accordance with the
provisions of this Division 13 is annexed to another municipality or
municipalities, the annexing unit shall thereafter exercise all zoning
powers and regulations over the annexed area.
In all ordinances passed under the authority of this Division 13, due
allowance shall be made for existing conditions, the conservation of
property values, the direction of building development to the best
advantage of the entire municipality and the uses to which the property is
devoted at the time of the enactment of such an ordinance. The powers
conferred by this Division 13 shall not be exercised so as to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted, but provisions may be made for the
gradual elimination of uses, buildings and structures which are
incompatible with the character of the districts in which they are made or
located, including, without being limited thereto, provisions (a) for the
elimination of such uses of unimproved lands or lot areas when the existing
rights of the persons in possession thereof are terminated or when the uses
to which they are devoted are discontinued; (b) for the elimination of uses
to which such buildings and structures are devoted, if they are adaptable
for permitted uses; and (c) for the elimination of such buildings and
structures when they are destroyed or damaged in major part, or when they
have reached the age fixed by the corporate authorities of the municipality
as the normal useful life of such buildings or structures.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit, except as provided in item (12).
(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
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65 ILCS 5/11-13-1.1
(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
Sec. 11-13-1.1.
The corporate authorities of any municipality may in its
ordinances passed under the authority of this Division 13 provide for the
classification of special uses. Such uses may include but are not limited
to public and quasi-public uses affected with the public interest, uses
which may have a unique, special or unusual impact upon the use or
enjoyment of neighboring property, and planned developments. A use may be a
permitted use in one or more zoning districts, and a special use in one or
more other zoning districts. A special use shall be permitted only after a
public hearing before some commission or committee designated by the
corporate authorities, with prior notice thereof given in the manner as
provided in Section 11-13-6 and 11-13-7. Any notice required by this Section need not include a metes and bounds legal description of the area classified for special uses, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area classified for special uses. A special use shall be permitted
only upon evidence that such use meets standards established for such
classification in the ordinances, and the granting of permission therefor
may be subject to conditions reasonably necessary to meet such standards.
In addition, any proposed special use which fails to receive the approval
of the commission or committee designated by the corporate authorities to
hold the public hearing shall not be approved by the corporate authorities
except by a favorable majority vote of all alderpersons, commissioners or
trustees of the municipality then holding office; however, the corporate
authorities may by ordinance increase the vote requirement to two-thirds of
all alderpersons, commissioners or trustees of the municipality then holding office.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-1.2 (65 ILCS 5/11-13-1.2) Sec. 11-13-1.2. Waiver of building, inspection, and construction fees. (a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe, and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. (b) Notwithstanding any other provision of law, a city council of a municipality may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the city council of the municipality.
(Source: P.A. 102-24, eff. 6-25-21.) |
65 ILCS 5/11-13-1.5 (65 ILCS 5/11-13-1.5) Sec. 11-13-1.5. Amateur radio communications; antenna regulations. Notwithstanding any provision of law to the contrary, no ordinance or resolution may be adopted or enforced by a municipality after the effective date of this amendatory Act of the 97th General Assembly that affects the placement, screening, or height of antennas or antenna support structures that are used for amateur radio communications unless the ordinance or resolution: (i) has a reasonable and clearly defined aesthetic, public health, or safety objective and represents the minimum practical regulation that is necessary to accomplish the objectives; and (ii) reasonably accommodates amateur radio communications. A municipality may not regulate the antennas or antenna support structures that are used for amateur radio communications 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.
(Source: P.A. 97-720, eff. 6-29-12.) |
65 ILCS 5/11-13-2
(65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2)
Sec. 11-13-2.
The corporate authorities in each municipality which desires
to exercise the powers conferred by this Division 13, or who have exercised
such power and desire to adopt a new ordinance, shall provide for a zoning
commission with the duty to recommend the boundaries of districts and
appropriate regulations to be enforced therein. The commission shall be
appointed by the mayor or president, subject to confirmation by the
corporate authorities. The commission shall prepare a tentative report and
a proposed zoning ordinance for the entire municipality. After the
preparation of such a tentative report and ordinance, the commission shall
hold a hearing thereon and shall afford persons interested an opportunity
to be heard. Notice of the hearing shall be published at least once, not
more than 30 nor less than 15 days before the hearing, in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers
published in the county in which the municipality is located and having
a general circulation within
the municipality.
The notice shall
state the time and place of the hearing and the place where copies of the
proposed ordinance will be accessible for examination by interested
persons. The hearing may be adjourned from time to time.
Within 30 days after the final adjournment of the hearing the commission
shall make a final report and submit a proposed ordinance for the entire
municipality to the corporate authorities. The corporate authorities may
enact the ordinance with or without change, or may refer it back to the
commission for further consideration. The zoning commission shall cease to
exist upon the adoption of a zoning ordinance for the entire municipality.
(Source: P.A. 80-452.)
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65 ILCS 5/11-13-3
(65 ILCS 5/11-13-3) (from Ch. 24, par. 11-13-3)
Sec. 11-13-3.
(a) All ordinances passed under the terms of this Division
13 shall be enforced by those officers of the municipality
that are designated by ordinance.
(b) In municipalities having a population of more than 500,000 the
city council may provide for the appointment of a board of appeals
consisting of 5 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, and
one for 5 years, the successor to each member so appointed to serve for
a term of 5 years.
(c) The city council in cities and the president and board of
trustees in villages and incorporated towns, having a population of less
than 500,000, may provide for the appointment of a board of appeals
consisting of 7 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, one
for 5 years, one for 6 years, and one for 7 years, the successor to each
member so appointed to serve for a term of 5 years.
(d) In any municipality with a population under 5,000 that has an appointed
board of appeals, a proposition to elect the board of appeals at large
shall be submitted to the electors as provided in this subsection.
Electors of the municipality equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for that office may petition for the submission
to a vote of the electors of the municipality the proposition whether the
board of appeals shall be elected at large. The petition shall be filed
with the municipal clerk in accordance with the general election law. The
clerk shall certify the proposition to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law.
The proposition shall be in substantially the following form: "Shall the
city (or village or incorporated town) of (insert name) elect the zoning
board of appeals at large instead of having an appointed board of appeals?"
If a majority of those voting on the proposition vote in favor of it,
then the board of appeals shall be elected at large at the next general
municipal election held at least 120 days after the referendum approval.
At the initial election, 4 members shall be elected for 2-year terms and 3
members shall be elected for 4-year terms; thereafter all terms shall be
for 4 years. Upon the election and qualification of the initial elected
board of appeals, the terms of all sitting members of the board of appeals
shall expire.
(e) One of the members of an appointed board shall be named as chairman
at the time of his or her appointment. If members are elected, the members
shall select a chairman. The amount of compensation to be paid to members,
if any, shall be fixed by the corporate authorities. The appointing
authority has the power to remove any appointed member for cause and after
public hearing. Vacancies shall be filled for the unexpired term of the
member whose place has become vacant. Vacancies shall be filled by the
appointing authority in the case of an appointed board or by those who
would otherwise be the appointing authority in the case of an elected
board. All meetings of the board of appeals shall be held at the call of
the chairman and at other times as the board may determine. The chairman,
or in his or her absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the board shall
be open to the public. The board shall keep minutes of its proceedings,
showing the vote of each member upon every question, or if absent or
failing to vote, indicating that fact, and shall also keep records of
its examinations and other official actions. No hearing shall be
conducted without a quorum of the board being present. A quorum shall
consist of a majority of all the members. Any absent member who
certifies that he or she has read the transcript of the proceedings before
the board may vote upon any question before the board. Every rule or
regulation and its amendment or repeal and every order, requirement,
decision, or determination of the board shall immediately
be filed in the office of the board and shall be a public record.
(f) In all municipalities the board of appeals shall hear and decide
appeals from and review any order, requirement, decision, or
determination made by an administrative official charged with the
enforcement of any ordinance adopted under this Division 13.
(g) In all municipalities the board of appeals
shall also hear and decide all matters
referred to it or upon which it is required to pass under such an
ordinance. The concurring vote of 3 members of the board, in
municipalities having a population of more than 500,000, and of 4
members of the board, in municipalities having a population of less than
500,000, is necessary to reverse any order, requirement, decision, or
determination of such an administrative official, to decide in favor
of the applicant any matter upon which it is required to pass under such
an ordinance or to effect any variation in the ordinance, or to
recommend any variation or modification in the ordinance to the
corporate authorities.
(Source: P.A. 87-535.)
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65 ILCS 5/11-13-3.1
(65 ILCS 5/11-13-3.1) (from Ch. 24, par. 11-13-3.1)
Sec. 11-13-3.1.
In municipalities of less than 500,000 inhabitants no
change shall be made in the zoning ordinance nor shall any zoning variation
be granted within 6 months after the date upon which an official plan is
adopted by the corporate authorities unless such change in the zoning
ordinance or such variation is approved by a two-thirds vote of the
corporate authorities or the zoning board of appeals then holding office,
as the case may be.
(Source: Laws 1967, p. 3425)
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65 ILCS 5/11-13-4
(65 ILCS 5/11-13-4) (from Ch. 24, par. 11-13-4)
Sec. 11-13-4.
In municipalities of 500,000 or more population, the
regulations authorized by this Division 13 may be varied in their
application only by the board of appeals of the municipality, subject to
the power of the corporate authorities to prohibit, in whole or in part,
the granting of variations in respect to the classification, regulation and
restriction of the location of trades and industries and the location of
buildings designed for specified industrial, business, residential and
other uses. Variations shall be permitted by the board of appeals only when
they are in harmony with the general purpose and intent of the regulations
and only in cases where there are practical difficulties or particular
hardship in the way of carrying out the strict letter of any of those
regulations relating to the use, construction, or alteration of buildings
or structures or the use of land. In its consideration of the standards of
practical difficulties or particular hardship, the board of appeals shall
require evidence that (1) the property in question cannot yield a
reasonable return if permitted to be used only under the conditions allowed
by the regulations in that zone; and (2) the plight of the owner is due to
unique circumstances; and (3) the variation, if granted, will not alter the
essential character of the locality. A variation shall be permitted only if
the evidence, in the judgment of the board of appeals, sustains each of the
3 conditions enumerated. The corporate authorities may provide general or
specific rules implementing, but not inconsistent with, the rules herein
provided to govern determinations of the board of appeals. A decision of
the board of appeals shall not be subject to review, reversal or
modification by the corporate authorities but shall be judicially
reviewable under the provisions of Section 11-13-13.
(Source: P.A. 82-430.)
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65 ILCS 5/11-13-5
(65 ILCS 5/11-13-5) (from Ch. 24, par. 11-13-5)
Sec. 11-13-5.
In municipalities of less than 500,000 population, the
regulations authorized by this Division 13 may provide that the board of
appeals or corporate authorities may determine and vary their application
in harmony with their general purpose and intent and in accordance with
general or specific rules therein contained in cases where there are
practical difficulties or particular hardship in the way of carrying out
the strict letter of any of those regulations relating to the use,
construction, or alteration of buildings or structures or the use of land.
If the authority to determine and approve variations is vested in the board
of appeals it shall be exercised in accordance with the conditions
prescribed in Section 11-13-4, subject to the power of the corporate
authorities to prohibit, in whole or in part, the granting of variations in
respect to the classification, regulation and restriction of the location
of trades and industries and the location of buildings designed for
specified industrial, business, residential and other uses. If the power to
determine and approve variations is reserved to the corporate authorities,
it shall be exercised only by the adoption of ordinances. However, no such
variation shall be made by the corporate authorities as specified without a
hearing before the board of appeals.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-6
(65 ILCS 5/11-13-6) (from Ch. 24, par. 11-13-6)
Sec. 11-13-6.
No variation shall be made by the board of appeals in
municipalities of 500,000 or more population or by ordinance in
municipalities of lesser population except in a specific case and after a
public hearing before the board of appeals of which there shall be a notice
of the time and place of the hearing published at least once, not more than
30 nor less than 15 days before the hearing, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality
which is published in the county where the municipality is located.
This notice shall contain
the particular location for which the variation is requested as well as a
brief statement of what the proposed variation consists. Any notice required by this Section need not include a metes and bounds legal description of the location for which the variation is requested, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area for which the variation is requested.
(Source: P.A. 97-336, eff. 8-12-11.)
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65 ILCS 5/11-13-7
(65 ILCS 5/11-13-7) (from Ch. 24, par. 11-13-7)
Sec. 11-13-7.
In addition to the notice requirements otherwise provided for
in this Division 13, in municipalities of 500,000 or more population, an
applicant for variation or special use shall, not more than 30 days before
filing an application for variation or special use with the board of
appeals, serve written notice, either in person or by registered mail,
return receipt requested, on the owners, as recorded in the office of the
recorder of deeds or the registrar of titles of the county in which the
property is located and as appears from the authentic tax records of such
county, of all property within 250 feet in each direction of the location
for which the variation or special use is requested; provided, the number
of feet occupied by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement. The notice herein
required shall contain the address of the location for which the variation
or special use is requested, a brief statement of the nature of the
requested variation or special use, the name and address of the legal and
beneficial owner of the property for which the variation or special use is
requested, a statement that the applicant intends to file an application
for variation or special use and the approximate date on which the
application will be filed. If, after a bona fide effort to determine such
address by the applicant for variation or special use, the owner of the
property on which the notice is served cannot be found at his or her last known
address, or the mailed notice is returned because the owner cannot be found
at the last known address, the notice requirements of this sub-section
shall be deemed satisfied. In addition to serving the notice herein
required, at the time of filing application for variation or special use,
the applicant shall furnish to the board of appeals a complete list
containing the names and last known addresses of the owners of the property
required to be served, the method of service and the names and last known
addresses of the owners of the service and the names and addresses of the
persons so served. The applicant shall also furnish a written statement
certifying that he or she has complied with the requirements of this subsection.
The board of appeals shall hear no application for variation or special use
unless the applicant for variation or special use furnishes the list and
certificate herein required. The board of appeals shall, not more than 30
days nor less than 15 days before the hearing at which the application for
variation or special use is to be considered, send written notice to the
persons appearing on the list furnished by the applicant, which notice
shall contain the time and place of the hearing, the address of the
location for which the variation or special use is requested and the name
and address of the applicant for variation or special use and a brief
statement of the nature of the variation or special use requested. Any notice required herein need not include a metes and bounds legal description of the property for which the variation or special use is requested, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area for which the variation or special use is requested.
Any property owner within the above stated 250 feet notice
requirement, who
entered his or her appearance and objected at the board of appeals hearing, and
who shows that his or her property will be substantially affected by the outcome
of the decision of the board may, without proof of any specific, special,
or unique damages to himself or herself or his or her property or
any adverse effect upon his
property from the proposed variation or special use, seek judicial relief
from any order or
decision of the board of appeals under the Administrative
Review Law, and all amendments and modifications
thereof, and the rules adopted pursuant thereto.
If the board of appeals
determines that the property of any such owner will not be substantially
affected by the outcome of the decision of the board, such owner may
initiate or join in judicial review under the Administrative
Review Law, as provided
in this Section.
(Source: P.A. 97-336, eff. 8-12-11.)
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65 ILCS 5/11-13-7a
(65 ILCS 5/11-13-7a) (from Ch. 24, par. 11-13-7a)
Sec. 11-13-7a.
Zoning variation and special use applicants and property owners, as set
forth in Section 11-13-7 of this Act, shall have the following rights, in
addition to any others they may possess in law, at any hearing before a
board of appeals:
(a) to have subpoenas issued for persons to appear at board of appeals'
hearings and for examination of documents by the person requesting the
subpoena either before or at board of appeals hearings subject to the
limitations in this Section. The board of appeals shall issue subpoenas as
requested by zoning variation and special use applicants and by property
owners within the terms of Section 11-13-7. Subpoenas shall only be
enforceable against persons or for documents which have a substantial
evidentiary connection with (i) the property for which a zoning variation
or special use is requested, (ii) facts which would support or negate the
requisite legal standards for granting a zoning variation or special use,
and (iii) facts which support or negate the conclusion that property within
the 250 feet notice requirement of Section 11-13-7 will be substantially
affected by the outcome of the decision of the board. All matters relating
to subpoenas concerning a particular zoning variation or special use case,
including all enforcement and motions to quash, shall be heard in a single
action, however, the court obtaining jurisdiction over any such matter may
retain jurisdiction until the disposition of the case by the board of
appeals. Service of such subpoenas shall be made in the same manner as
summons in a civil action.
(b) To cross examine all witnesses testifying.
(c) To present witnesses on their behalf.
Property owners within the terms of Section 11-13-7 who object to the
zoning application or special use application may, upon request, be granted
1 continuance for the purpose of presenting evidence to rebut testimony
given by the applicant. The date of such continued hearing shall be in the
discretion of the board of appeals.
This amendatory act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-1363.)
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65 ILCS 5/11-13-8
(65 ILCS 5/11-13-8) (from Ch. 24, par. 11-13-8)
Sec. 11-13-8.
In municipalities of 500,000 or more population, when any
zoning ordinance, rule or regulation is sought to be declared invalid by
means of a declaratory judgment proceeding, not more than 30 days before
filing suit for a declaratory judgment the person filing such suit shall
serve written notice in the form and manner and to all property owners as
is required of applicants for variation in Section 11-13-7, and shall
furnish to the clerk of the court in which the declaratory judgment suit is
filed, and at the time of filing such suit, the list of property owners,
the written certificate and such other information as is required in
Section 11-13-7 to be furnished to the board of appeals by an applicant for
variation. A property owner entitled to notice who shows that his property
will be substantially affected by the outcome of the declaratory judgment
proceeding may enter his appearance in the proceeding, and if he does so he
shall have the rights of a party. The property owner shall not, however,
need to prove any specific, special, or unique damages to himself or his
property or any adverse effect upon his property from the declaratory
judgment proceeding.
(Source: P.A. 76-583.)
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65 ILCS 5/11-13-9
(65 ILCS 5/11-13-9) (from Ch. 24, par. 11-13-9)
Sec. 11-13-9.
The provisions of an amendatory Act of 1955, which was
approved June 30, 1955 and which was Senate Bill No. 328 of the Sixty-Ninth
General Assembly and which amended certain provisions now contained in
Section 11-13-4 through 11-13-8, shall not affect the validity of any
variations approved by the corporate authorities or by the board of appeals
and in force prior to July 1, 1955.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-10
(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
Sec. 11-13-10.
In municipalities of less than 500,000 population, where a
variation is to be made by ordinance, upon the report of the board of
appeals, the corporate authorities, by ordinance, without further public
hearing, may adopt any proposed variation or may refer it back to the board
for further consideration, and any proposed variation which fails to
receive the approval of the board of appeals shall not be passed except by
the favorable vote of two-thirds of all alderpersons or trustees of the
municipality.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-11
(65 ILCS 5/11-13-11) (from Ch. 24, par. 11-13-11)
Sec. 11-13-11.
Every variation or special use, whether made by the board of
appeals directly, or by an ordinance after a hearing before the board of
appeals, shall be accompanied by findings of facts and shall refer to any
exhibits containing plans and specifications for the proposed use or
variation, which shall remain a part of the permanent records of the board
of appeals. The findings of facts shall specify the reason or reasons for
making the variation.
The terms of the relief granted shall be specifically set forth in a
conclusion or statement separate from the findings of fact of the board of
appeals or ordinance. Property for which relief has been granted shall not
be used in violation of the specific terms of the board of appeals'
findings of fact or ordinance, as the case may be, unless its usage is
changed by further findings of fact of a board of appeals or additional
ordinances.
(Source: P.A. 76-584.)
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65 ILCS 5/11-13-12
(65 ILCS 5/11-13-12) (from Ch. 24, par. 11-13-12)
Sec. 11-13-12.
An appeal to the board of appeals may be taken by any person
aggrieved or by any officer, department, board, or bureau of the
municipality. The appeal shall be taken within 45 days of the action
complained of by filing, with the officer from whom the appeal is taken and
with the board of appeals a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith transmit
to the board all the papers constituting the record upon which the action
appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the
board of appeals, after the notice of appeal has been filed with him, that
by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In this event the proceedings
shall not be stayed otherwise than by a restraining order which may be
granted by the board of appeals or by a circuit court on application and on
notice to the officer from whom the appeal is taken, and on due cause
shown.
The board of appeals shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the parties and decide the appeal
within a reasonable time. Upon the hearing, any party may appear in person
or by agent or by attorney. The board of appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be made in the premises and to
that end has all the powers of the officer from whom the appeal is taken.
(Source: P.A. 76-1507.)
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65 ILCS 5/11-13-13
(65 ILCS 5/11-13-13) (from Ch. 24, par. 11-13-13)
Sec. 11-13-13.
All final administrative decisions of the board of appeals
under this Division 13 shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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65 ILCS 5/11-13-14
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14.
The regulations imposed and the districts created under
the authority of this Division 13 may be amended from time to time by
ordinance after the ordinance establishing them has gone into effect, but
no such amendments shall be made without a hearing before some commission
or committee designated by the corporate authorities. Notice shall be given
of the time and place of the hearing, not more than 30 nor less than 15
days before the hearing, by publishing a notice thereof at least once in
one or more newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a general
circulation within the municipality. In municipalities with less than 500
population in which no newspaper is published, publication may be made
instead by posting a notice in 3 prominent places within the municipality. In
case of a written protest against any proposed amendment of the regulations
or districts, signed and acknowledged by the owners of 20% of the frontage
proposed to be altered, or by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of the 20% of the
frontage directly opposite the frontage proposed to be altered, is filed
with the clerk of the municipality, the amendment shall not be passed
except by a favorable vote of two-thirds of the alderpersons or trustees of the
municipality then holding office. In such cases, a copy of the written
protest shall be served by the protestor or protestors on the applicant for
the proposed amendments and a copy upon the applicant's attorney, if any,
by certified mail at the address of such applicant and attorney shown in
the application for the proposed amendment. Any notice required by this Section need not include a metes and bounds legal description, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the affected area.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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65 ILCS 5/11-13-14.1
(65 ILCS 5/11-13-14.1) (from Ch. 24, par. 11-13-14.1)
Sec. 11-13-14.1.
Notwithstanding any other provision to the contrary in
this Division 13:
(A) The corporate authorities of any municipality may by ordinance establish
the position of hearing officer and delegate to a hearing officer the authority
to: (i) conduct any public hearing -- other than a public hearing provided
for in Section 11-13-2 -- required to be held under this Division 13 in
connection with applications for any special use, variation, amendment or
other change or modification in any ordinance of the municipality adopted
pursuant to this Division 13; and (ii) hear and decide appeals from and
review any order, requirement, decision or determination made by an
administrative official charged with the enforcement of any ordinance
adopted pursuant to this Division 13.
(B) When a hearing officer is designated to conduct a public hearing in
a matter otherwise required to be heard in accordance with this Division
13 by some commission or committee designated by the corporate authorities
of the municipality: (i) notice of such hearing shall be given in the same
time and manner as is provided by this Division 13 for the giving of notice
of hearing when any such matter is to be heard by some commission or committee
designated by the corporate authorities; (ii) the hearing officer shall
exercise and perform the same powers and duties as such commission or committee
is required to exercise and perform when conducting a public hearing in
any such matter; and (iii) the hearing officer shall render a written
recommendation to the corporate authorities within such time and in such
manner and form as the corporate authorities shall require.
(C) When a hearing officer is designated to conduct a public hearing in
a matter otherwise required to be heard in accordance with this Division
13 by the board of appeals, or when a hearing officer is designated to hear
and decide appeals from and review any order, requirement, decision or
determination made by an administrative official charged with the
enforcement of any ordinance adopted pursuant to this Division 13: (i)
notice of hearing shall be given
in the same time and manner as is provided by this Division 13 for the giving
of notice of hearing when any such matter is to be heard by the board of
appeals; (ii) the hearing officer in passing upon and determining any matter
otherwise within the jurisdiction of the board of appeals shall be governed
by all of the standards, rules and conditions imposed by this Division 13
to govern the board of appeals when it passes upon and determines any such
matter; and (iii) the hearing officer shall exercise and perform all of
the powers and duties of the board of appeals in the same manner and to
the same effect as provided in this Division 13 with respect to the board
of appeals, provided that:
1. When the hearing officer is passing upon an application for variation
or special use and the power to determine and approve such variation or
special use is reserved to the corporate authorities, then upon report of
the hearing officer the corporate authorities may by ordinance without further
public hearing adopt any proposed variation or special use or may refer
it back to the hearing officer for further consideration, and any proposed
variation or special use which fails to receive the approval of the hearing
officer shall not be passed except by the favorable vote of 2/3 of all alderperson
or trustees of the municipality;
2. When the hearing officer is passing upon an application for variation
or special use and the power to determine and approve such variation or
special use is not reserved to the corporate authorities, or when the hearing
officer is hearing and deciding appeals from or reviewing any order,
requirement, decision or determination made by an administrative official
charged with the enforcement of any ordinance adopted pursuant to this
Division 13, the determination made by the hearing officer with respect to
any such matter shall constitute a final administrative decision which is
subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended.
(D) The corporate authorities of the municipality may provide general
or specific rules implementing but not inconsistent with the provisions
of this Section, including rules relative to the time and manner in which
hearing officers are designated to conduct public hearings and rules governing
the manner in which such hearings are conducted and matters heard therein
passed upon and determined.
(E) Hearing officers shall be appointed on the basis of training and
experience which qualifies them to conduct hearings, make recommendations
or findings of fact and conclusions on the matters heard and otherwise
exercise and perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive such
compensation as the corporate authorities of the municipality shall
provide, and any municipality may establish a schedule of fees to defray
the costs of providing a hearing officer.
(F) This Section is intended to furnish an alternative or supplemental
procedure which a municipality in its discretion may provide for hearing,
determining, reviewing and deciding matters which arise under any ordinance
adopted by the municipality pursuant to this Division 13, but nothing in
this Section shall be deemed to limit or prevent the use of any existing
procedure available to a municipality under this Division 13 for hearing,
approving or denying applications for a special use, variation, amendment
or other change or modification of any such ordinance, or for hearing and
deciding appeals from and reviewing any order, requirement, decision or
determination made by an administrative official charged with the enforcement
of any such ordinance.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-15
(65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
Sec. 11-13-15.
In case any building or structure, including fixtures,
is constructed, reconstructed, altered, repaired, converted, or
maintained, or any building or structure, including fixtures, or land,
is used in violation of an ordinance or ordinances adopted under
Division 13, 31 or 31.1 of the Illinois Municipal Code, or of any
ordinance or other regulation made under the authority conferred
thereby, the proper local authorities of the municipality, or any owner
or tenant of real property, within 1200 feet in any direction of the
property on which the building or structure in question is located who shows
that his property or person will be substantially affected by the alleged
violation, in addition to other remedies, may institute any
appropriate action or proceeding (1) to prevent the unlawful
construction, reconstruction, alteration, repair, conversion,
maintenance, or use, (2) to prevent the occupancy of the building,
structure, or land, (3) to prevent any illegal act, conduct, business,
or use in or about the premises, or (4) to restrain, correct, or abate
the violation. When any such action is instituted by an owner or tenant,
notice of such action shall be served upon the municipality at the time
suit is begun, by serving a copy of the complaint on the chief executive
officer of the municipality, no such action may be maintained until such
notice has been given.
In any action or proceeding for a purpose mentioned in this section,
the court with jurisdiction of such action or proceeding has the power
and in its discretion may issue a restraining order, or a preliminary
injunction, as well as a permanent injunction, upon such terms and under
such conditions as will do justice and enforce the purposes set forth
above.
If an owner or tenant files suit hereunder and the court finds that
the defendant has engaged in any of the foregoing prohibited activities,
then the court shall allow the plaintiff a reasonable sum of money for
the services of the plaintiff's attorney. This allowance shall be a part
of the costs of the litigation assessed against the defendant, and may
be recovered as such.
An owner or tenant need not prove any specific, special or unique
damages to himself or his property or any adverse effect upon his
property from the alleged violation in order to maintain a suit under
the foregoing provisions. Except in relation to municipality-owned property, this Section does not authorize any suit against a municipality or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division.
(Source: P.A. 100-595, eff. 6-29-18.)
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65 ILCS 5/11-13-16
(65 ILCS 5/11-13-16) (from Ch. 24, par. 11-13-16)
Sec. 11-13-16.
All zoning ordinances and regulations adopted prior to
January 1, 1942, by any municipality pursuant to the provisions of "An Act
to confer certain additional powers upon city councils in cities and
presidents and boards of trustees in villages and incorporated towns
concerning buildings and structures, the intensity of use of lot areas, the
classification of trades, industries, buildings, and structures, with
respect to location and regulation, the creation of districts of different
classes, the establishment of regulations and restrictions applicable
thereto, the establishment of boards of appeals and the review of the
decisions of such boards by the court", approved June 28, 1921, as amended,
and all committees, commissions, boards, and officers designated or
appointed by any municipality pursuant to the provisions of that Act, or
pursuant to the provisions of any ordinance or regulations adopted under
that Act, shall be recognized, considered, and treated as having been
properly adopted, designated, established, or appointed under this Division
13.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-17
(65 ILCS 5/11-13-17) (from Ch. 24, par. 11-13-17)
Sec. 11-13-17.
In addition to all rights and powers conferred by this
Division 13, the corporate authorities in each municipality may acquire by
purchase, condemnation or otherwise any buildings or structures which do
not conform to the standards fixed by the corporate authorities pursuant to
Section 11-13-1, and all land which is necessary or appropriate for the
rehabilitation or redevelopment of any area blighted by substandard
buildings or structures; may remove or demolish all substandard buildings
and structures so acquired; may hold and use any remaining property for
public purposes; and may sell, lease or exchange such property as is not
required for public purposes, subject to the provisions of the existing
zoning ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-18
(65 ILCS 5/11-13-18) (from Ch. 24, par. 11-13-18)
Sec. 11-13-18.
All testimony by witnesses in any hearing provided for in
this Division 13 shall be given under oath.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-13-19
(65 ILCS 5/11-13-19) (from Ch. 24, par. 11-13-19)
Sec. 11-13-19.
Except as otherwise provided in this section, the corporate
authorities shall cause to be published no later than March 31 of each year
a map clearly showing the existing zoning uses, divisions, restrictions,
regulations and classifications of such municipality for the preceding
calendar year. The first map published in 1960 shall reflect all zoning
uses, divisions, restrictions, regulations and classifications in effect on
and prior to December 31, 1959. If in any calendar year after the first map
is published there are no changes in zoning uses, divisions, restrictions,
regulations and classifications in such municipality, no map shall be
published for such calendar year.
The map published by the corporate authorities shall be the official
zoning map. The corporate authorities may establish a fee to be charged any
person desiring a copy of such map. Such fee shall be paid to the
appropriate zoning officer and shall be applied to defray the cost of
publication of the official map.
(Source: Laws 1963, p. 3136.)
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65 ILCS 5/11-13-20
(65 ILCS 5/11-13-20) (from Ch. 24, par. 11-13-20)
Sec. 11-13-20.
In any hearing before a zoning commission, board of appeals,
or commission or committee designated pursuant to Section 11-13-14, any
school district within which the property in issue, or any part thereof, is
located shall have the right to appear and present evidence.
(Source: Laws 1963, p. 2259.)
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65 ILCS 5/11-13-22 (65 ILCS 5/11-13-22) Sec. 11-13-22. Public hearing procedures for municipalities of less than 500,000. In a municipality of less than 500,000 inhabitants, the corporate authorities may adopt or authorize the zoning board of appeals and any other board, commission, or committee that conducts public hearings under this Division to adopt rules of procedures governing those public hearings. The rules of procedures may concern participation in public hearings and the participants' rights to cross examine witnesses and to present testimony and evidence, and any other relevant matter.
(Source: P.A. 97-552, eff. 8-25-11.) |
65 ILCS 5/11-13-25 (65 ILCS 5/11-13-25) Sec. 11-13-25. Actions subject to de novo review; due process.
(a) Any decision by the corporate authorities of any municipality, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
65 ILCS 5/11-13-26 (65 ILCS 5/11-13-26) Sec. 11-13-26. Wind farms. Notwithstanding any other provision of law: (a) A municipality may regulate wind farms and | | electric-generating wind devices within its zoning jurisdiction and within the 1.5 mile radius surrounding its zoning jurisdiction. There shall be at least one public hearing not more than 30 days prior to a siting decision by the corporate authorities of a municipality. Notice of the hearing shall be published in a newspaper of general circulation in the municipality. A commercial wind energy facility owner, as defined in the Renewable Energy Facilities Agricultural Impact Mitigation Act, must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a municipality prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the municipality to grant the permit extension. A municipality may allow test wind towers to be sited without formal approval by the corporate authorities of the municipality. Test wind towers must be dismantled within 3 years of installation. For the purposes of this Section, "test wind towers" are wind towers that are designed solely to collect wind generation data.
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(b) A municipality may not require a wind tower or
| | other renewable energy system that is used exclusively by an end user to be setback more than 1.1 times the height of the renewable energy system from the end user's property line. A setback requirement imposed by a municipality on a renewable energy system may not be more restrictive than as provided under this subsection. This subsection is a limitation of home rule powers and functions 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.
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| (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; 99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
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65 ILCS 5/11-13-27 (65 ILCS 5/11-13-27) Sec. 11-13-27. Special provisions relating to public schools. (a) In exercising the powers under this Division with respect to public school districts, a municipality shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (a) is declarative of existing law and does not change the substantive operation of this Division. (b) In processing zoning applications from public school districts, a municipality shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the municipality for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the municipality, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the municipality.
(Source: P.A. 99-890, eff. 8-25-16.) |
65 ILCS 5/11-13-28 (65 ILCS 5/11-13-28) (Text of Section from P.A. 103-621) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 11-13-28. Building permit fee for veterans with a disability. (a) A veteran with a disability or the veteran's caregiver shall not be charged any building permit fee for improvements to the residence of the veteran with a disability if the improvements are required to accommodate a disability of the veteran. Nothing in this subsection changes the obligation of any person to submit to the municipality applications, forms, or other paperwork to obtain a building permit. A veteran or caregiver must provide proof of veteran status and attest to the fact that the improvements to the residence are required to accommodate the veteran's disability. Proof of veteran status is to be construed liberally, and veteran status shall include service in the Armed Forces of the United States, National Guard, or the reserves of the Armed Forces of the United States. (b) What constitutes proof of veteran status shall be determined by the municipality. The Illinois Department of Veterans' Affairs may not adjudicate any dispute arising under paragraph (a). (c) A home rule municipality may not regulate building permit fees 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. (Source: P.A. 103-621, eff. 1-1-25.) (Text of Section from P.A. 103-796) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 11-13-28. Battery-charged fences. (a) As used in this Section, "battery-charged fence" means a fence energized by a battery that is not more than 12 volts of direct current that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to notify law enforcement of a potential intrusion. (b) Notwithstanding any other law, a municipality may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if (i) the battery-charged fence is located on nonresidential property completely surrounded by a nonelectric perimeter fence or wall that is not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, whichever is higher, and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. (c) Any battery-charged fence installed under this Section must have conspicuous signs located on the fence placed not less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". (d) A home rule municipality may not regulate battery-charged fencing 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. (Source: P.A. 103-796, eff. 1-1-25.) |
65 ILCS 5/Art. 11 Div. 14
(65 ILCS 5/Art. 11 Div. 14 heading)
DIVISION 14.
SET-BACK LINES
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65 ILCS 5/11-14-1
(65 ILCS 5/11-14-1) (from Ch. 24, par. 11-14-1)
Sec. 11-14-1.
In addition to existing powers and to the end that adequate
light, pure air, or safety may be secured and that congestion of public
streets may be lessened or avoided, the corporate authorities in each
municipality have power by ordinance to establish, regulate, and limit the
building or set-back lines on or along any street, traffic way, drive, or
parkway or storm or floodwater runoff channel within the municipality, as
may be deemed best suited to carry out these purposes. The powers given by
this Division 14 shall not be exercised so as to deprive the owner of any
existing property of its use or maintenance for the purpose to which it is
then lawfully devoted.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-14-2
(65 ILCS 5/11-14-2) (from Ch. 24, par. 11-14-2)
Sec. 11-14-2.
All ordinances passed under the terms of this Division 14
shall be enforced by such officers of the municipality as may be designated
by ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-14-3
(65 ILCS 5/11-14-3) (from Ch. 24, par. 11-14-3)
Sec. 11-14-3.
The regulations imposed under the authority of this Division
14 may be amended from time to time by ordinance after the ordinance
establishing the regulations has gone into effect, but no amendment shall
be made without a hearing before a commission or committee designated by
the corporate authorities of the municipality. A notice of the time and
place of such a hearing shall be given at least once, not more than 30 nor
less than 15 days before the hearing, by publishing a notice thereof in one
or more newspapers published in the municipality, or, if no newspaper is
published therein, then in one or more newspapers with a general
circulation within the municipality. In municipalities with less than 500
population in which no newspaper is published, publication may instead be
made by posting a notice in 3 prominent places within the municipality. An
amendment shall not be passed except by a favorable vote of two-thirds of
the members of the city council then holding office in cities or members of
the board of trustees then holding office in villages or incorporated
towns.
(Source: Laws 1967, p. 3425.)
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65 ILCS 5/11-14-4
(65 ILCS 5/11-14-4) (from Ch. 24, par. 11-14-4)
Sec. 11-14-4.
In case any structure is erected or constructed in violation
of this Division 14 or of any ordinance made under the authority conferred
by this Division 14, the proper officers of the municipality, in addition
to other remedies, may institute any appropriate action or proceeding (1)
to prevent the unlawful erection or construction, (2) to restrain, correct,
or abate the violation, (3) to prevent the occupancy of the structure, or
(4) to prevent any illegal act, conduct, business, or use in or about the
premises.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 15
(65 ILCS 5/Art. 11 Div. 15 heading)
DIVISION 15.
APPROVAL OF MAPS AND PLATS
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65 ILCS 5/11-15-1
(65 ILCS 5/11-15-1) (from Ch. 24, par. 11-15-1)
Sec. 11-15-1.
The corporate authorities may provide, by ordinance, that any
map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or
of any piece or parcel of land, shall be submitted to the corporate
authorities, or to some officer to be designated by them, for their or his
approval. In that case no such map, plat, or subdivision shall be entitled
to record in the proper county, or have any validity until it has been so
approved. If any municipality has adopted a subdivision ordinance pursuant
to Division 12 of Article 11 of this code, as heretofore and hereinafter
amended, all subdivision plats shall be submitted for approval and
approved in the manner provided in such ordinance. Until approved by the
corporate authorities, or such officer designated by them, no such map,
plat or subdivision plat shall be entitled to record in the proper county,
or have any validity whatever.
(Source: Laws 1961, p. 2425.)
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65 ILCS 5/Art. 11 Div. 15.1
(65 ILCS 5/Art. 11 Div. 15.1 heading)
DIVISION 15.1.
ANNEXATION AGREEMENTS
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65 ILCS 5/11-15.1-1
(65 ILCS 5/11-15.1-1) (from Ch. 24, par. 11-15.1-1)
Sec. 11-15.1-1.
The corporate authorities of any municipality may enter
into an annexation agreement with one or more of the owners of record
of land in unincorporated territory. That land may be annexed to the
municipality in the manner provided in Article 7 at the time the land is or
becomes contiguous to the municipality. The agreement shall be valid and
binding for a period of not to exceed 20 years from the date of its execution.
Lack of contiguity to the municipality of property that is the subject of
an annexation agreement does not affect the validity of the agreement
whether approved by the corporate authorities before or after the effective
date of this amendatory Act of 1990.
This amendatory Act of 1990 is declarative of existing law and does not
change the substantive operation of this Section.
(Source: P.A. 86-1169; 87-1137.)
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65 ILCS 5/11-15.1-2
(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
Sec. 11-15.1-2.
Any such agreement may provide for the following as it
relates to the land which is the subject of the agreement:
(a) The annexation of such territory to the municipality, subject to the
provisions of Article 7.
(b) The continuation in effect, or amendment, or continuation in effect
as amended, of any ordinance relating to subdivision controls, zoning,
official plan, and building, housing and related restrictions; provided,
however, that any public hearing required by law to be held before the
adoption of any ordinance amendment provided in such agreement shall be
held prior to the execution of the agreement, and all ordinance amendments
provided in such agreement shall be enacted according to law.
(c) A limitation upon increases in permit fees required by the
municipality.
(d) Contributions of either land or monies, or both, to any
municipality
and to other units of local government having
jurisdiction over all or part of land that is the subject matter of any annexation agreement entered
into under the provisions of this Section shall be deemed valid when made and
shall survive the expiration date of any such annexation agreement with respect
to all or any part of the land that was the subject matter of the annexation
agreement.
(e) The granting of utility franchises for such land.
(e-5) The abatement of property taxes.
(f) Any other matter not inconsistent with the provisions of this Code,
nor forbidden by law.
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the
subject of the agreement, would be a breach of such agreement, shall not
apply to such land without an amendment of such agreement.
After the effective term of any annexation agreement and unless otherwise
provided for within the annexation agreement or an amendment to the annexation
agreement, the
provisions of any ordinance relating to the zoning of the land that is
provided for within the agreement or an amendment to the agreement, shall
remain in effect unless modified in
accordance with law. This amendatory Act of 1995 is declarative of existing
law and shall apply to all annexation agreements.
(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, eff.
7-1-97.)
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65 ILCS 5/11-15.1-2.1
(65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
Sec. 11-15.1-2.1. Annexation agreement; municipal jurisdiction.
(a) Except as provided in subsections (b) and (c), property that is the subject of an annexation agreement adopted
under this Division is subject to the ordinances, control, and jurisdiction
of the annexing municipality in all respects the same as property that lies
within the annexing municipality's corporate limits.
(b) This Section shall not apply in (i) a county with a population of more
than 3,000,000, (ii) a county that borders a county with a population of
more than 3,000,000
or (iii) a county with a population of more than
246,000 according to the 1990 federal census and bordered by the Mississippi
River,
unless the parties to the annexation agreement have, at the
time the agreement is signed, ownership or control of all property
that would make the property that is the subject of the agreement contiguous
to the annexing municipality, in which case the property that is the subject of
the annexation agreement is subject to the ordinances, control, and
jurisdiction of the municipality in all respects the same as property owned by
the municipality that lies within its corporate limits.
(b-5) The limitations of item (iii) of subsection (b) do not apply to property that is the subject of an annexation agreement adopted under this Division within one year after the effective date of this amendatory Act of the 95th General Assembly with a coterminous home rule municipality, as of June 1, 2009, that borders the Mississippi River, in a county with a population in excess of 258,000, according to the 2000 federal census, if all such agreements entered into by the municipality pertain to parcels that comprise a contiguous area of not more than 120 acres in the aggregate.
(c) Except for property located in a county referenced in subsection (b) of this Section, if any property or any portion of a property that is located more than 1.5 miles from a municipality's corporate limits in a county where the county board has voted to maintain the ordinances, control, and jurisdiction of the property by a two-thirds affirmative vote, that property is subject to the ordinances, control, and jurisdiction of the county.
(d) If the county board retains jurisdiction under subsection (c) of this Section, the annexing municipality may file a request for jurisdiction with the county board on a case by case basis. If the county board agrees by the affirmative vote of a majority of its members, then the property covered by the annexation agreement shall be subject to the ordinances, control, and jurisdiction of the annexing municipality.
(Source: P.A. 96-163, eff. 1-1-10; 96-188, eff. 8-10-09; 96-1000, eff. 7-2-10; 97-404, eff. 8-16-11.)
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65 ILCS 5/11-15.1-3
(65 ILCS 5/11-15.1-3) (from Ch. 24, par. 11-15.1-3)
Sec. 11-15.1-3.
Any such agreement executed after July 31, 1963 and all
amendments of annexation agreements, shall be entered into in the following
manner. The corporate authorities shall fix a time for and hold a public
hearing upon the proposed annexation agreement or amendment, and shall give
notice of the proposed agreement or amendment not more than 30 nor less
than 15 days before the date fixed for the hearing. This notice shall be
published at least once in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in one or more
newspapers with a general circulation within the annexing municipality.
After such hearing the agreement or amendment may be modified before
execution thereof. The annexation agreement or amendment shall be executed
by the mayor or president and attested by the clerk of the municipality
only after such hearing and upon the adoption of a resolution or ordinance
directing such execution, which resolution or ordinance must be passed by a
vote of two-thirds of the corporate authorities then holding office.
(Source: P.A. 76-912.)
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65 ILCS 5/11-15.1-4
(65 ILCS 5/11-15.1-4) (from Ch. 24, par. 11-15.1-4)
Sec. 11-15.1-4.
Any annexation agreement executed pursuant to this Division
15.1, or in conformity with Section 11-15.1-5 hereof, shall be binding upon the
successor owners of record of the land which is the subject of the agreement
and upon successor municipal authorities of the municipality and successor
municipalities. Any party to such agreement may by civil action, mandamus,
injunction or other proceeding, enforce and compel performance of the
agreement.
A lawsuit to enforce and compel performance of the agreement must be filed
within the effective term of the agreement or within 5 years from the date the
cause of action accrued, whichever time is later.
(Source: P.A. 89-432, eff. 6-1-96.)
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65 ILCS 5/11-15.1-5
(65 ILCS 5/11-15.1-5) (from Ch. 24, par. 11-15.1-5)
Sec. 11-15.1-5.
Any annexation agreement executed prior to October 1, 1973 which was
executed pursuant to a two-thirds vote of
the corporate authorities and which contains provisions not inconsistent
with Section 11-15.1-2 hereof is hereby declared valid and enforceable as
to such provisions for the effective period of such agreement, or for 20
years from the date of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1985 may
be extended to a date which is not later than 20
years from the date of execution of the original Annexation Agreement.
(Source: P.A. 84-835.)
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65 ILCS 5/Art. 11 Div. 15.2
(65 ILCS 5/Art. 11 Div. 15.2 heading)
DIVISION 15.2.
ANNEXATION; DRAINAGE DISTRICTS (Source: P.A. 94-266, eff. 1-1-06 .) |
65 ILCS 5/11-15.2-1 (65 ILCS 5/11-15.2-1)
Sec. 11-15.2-1. If authorized by an agreement approved by the court pursuant to notice as required by Section 4-22 of the Illinois Drainage Code (70 ILCS 605/4-22), a municipality and a drainage district may enter into an implementing agreement to provide for the automatic detachment of land from the drainage district when the land is annexed to the municipality. An implementing agreement shall not be required to comply with the provisions of Sections 4-19 through 4-24 of the Illinois Drainage Code (70 ILCS 605/4-19 through 605/4-24) and may authorize the filing of certificates as provided in this Section. Upon the filing of a certificate, executed by a drainage district in compliance with Section 4-11 of the Illinois Drainage Code (70 ILCS 605/4-11) and by an annexing municipality, the land described in the certificate shall be detached from the drainage district and annexed to the annexing municipality as of the date of filing. The certificate shall be filed with the drainage district clerk and the county clerk where the land is located. The legal effect of the filing of a certificate shall be the same as a court order entered pursuant to Section 8-20 of the Illinois Drainage Code (70 ILCS 605/8-20).
(Source: P.A. 94-266, eff. 1-1-06.) |
65 ILCS 5/Art. 11 Div. 15.3
(65 ILCS 5/Art. 11 Div. 15.3 heading)
DIVISION 15.3. WIND FARMS
(Source: P.A. 96-328, eff. 8-11-09.) |
65 ILCS 5/11-15.3-1 (65 ILCS 5/11-15.3-1) Sec. 11-15.3-1. Wind farms. A municipality may own and operate a wind generation turbine farm, either individually or jointly with another unit of local government, school district, or community college district that is authorized to own and operate a wind generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the municipality. The municipality may ask for the assistance of any State agency, including without limitation the Department of Commerce and Economic Opportunity, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08.) |
65 ILCS 5/Art. 11 Div. 15.4
(65 ILCS 5/Art. 11 Div. 15.4 heading)
DIVISION 15.4. MUNICIPAL URBAN AGRICULTURAL AREAS
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-5 (65 ILCS 5/11-15.4-5) Sec. 11-15.4-5. Definitions. As used in this Division: "Agricultural product" means an agricultural, horticultural, viticultural, aquacultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this State. "Agricultural product" includes, but is not limited to, growing of grapes that will be processed into wine; bees; honey; fish or other aquacultural product; planting seed; livestock or livestock product; forestry product; and poultry or poultry product. "Aquaculture" means the controlled propagation, growth and harvest of aquatic organisms, including but not limited to fish, shellfish, mollusks, crustaceans, algae and other aquatic plants, by an aquaculturist. "Aquatic products" means any aquatic plants and animals or their by-products that are produced, grown, managed, harvested and marketed on an annual, semi-annual, biennial or short-term basis, in permitted aquaculture facilities. "Department" means the Department of Agriculture. "Livestock" means cattle; calves; sheep; swine; ratite birds, including, but not limited to, ostrich and emu; aquatic products obtained through aquaculture; llamas; alpaca; buffalo; elk documented as obtained from a legal source and not from the wild; goats; horses and other equines; or rabbits raised in confinement for human consumption. "Locally grown" means a product that was grown or raised in the same county or adjoining county in which the urban agricultural area is located. "Partner organization" means a nonprofit organization that meets standards set forth by Section 501(c)(3) of the Internal Revenue Code and whose mission includes supporting small, beginning, limited resource, or socially-disadvantaged farmers within municipalities. "Poultry" means any domesticated bird intended for human consumption. "Qualifying farmer" means an individual or entity that meets at least one of the following: (1) is a small or medium sized farmer; (2) is a beginning farmer; (3) is a limited resource farmer; or (4) is a socially-disadvantaged farmer. "Small or medium sized farmer", "beginning farmer", "limited resource farmer", and "socially-disadvantaged farmer" have the meanings given to those terms in rules adopted by the Department as provided in Section 205-65 of the Department of Agriculture Law. "Urban agricultural area" means an area defined by a municipality and entirely within that municipality's boundaries within which one or more qualifying farmers are processing, growing, raising, or otherwise producing locally-grown agricultural products.
(Source: P.A. 102-555, eff. 1-1-22 .) |
65 ILCS 5/11-15.4-10 (65 ILCS 5/11-15.4-10) Sec. 11-15.4-10. Urban agricultural area committee. (a) The corporate authorities of a municipality that seek to establish an urban agricultural area shall first establish an urban agricultural area committee after it receives an application to establish an urban agricultural area under Section 11-15.4-15. There shall be 5 members on the committee. One member of the committee shall be a member of the municipality's board and shall be appointed by the board.
The remaining 4 members shall be appointed by the president or mayor of the municipality. The 4 members chosen by the president or mayor shall all be residents of the municipality in which the urban agricultural area is to be located, and at least one of the 4 members shall have experience in or represent an organization associated with sustainable agriculture, urban farming, community gardening, or any of the activities or products authorized by this Division for urban agricultural areas. (b) The members of the committee annually shall elect a chair from among the members. The members shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (c) A majority of the members shall constitute a quorum of the committee for the purpose of conducting business and exercising the powers of the committee and for all other purposes. Action may be taken by the committee upon a vote of a majority of the members present. (d) The role of the committee shall be to conduct the activities necessary to advise the corporate authorities of the municipality on the designation, modification, and termination of an urban agricultural area and any other advisory duties as determined by the corporate authorities of the municipality. The role of the committee after the designation of an urban agricultural area shall be review and assessment of an urban agricultural area's activities.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-15 (65 ILCS 5/11-15.4-15) Sec. 11-15.4-15. Application for an urban agricultural area; review; dissolution. (a) A qualified farmer or partner organization may submit to the municipal clerk an application to establish an urban agricultural area. The application shall demonstrate or identify: (1) that the applicant is a qualified farmer; (2) the number of jobs to be created, maintained, or | | supported within the proposed urban agricultural area;
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| (3) the types of products to be produced; and
(4) the geographic description of the area that will
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| (b) An urban agricultural area committee shall review and modify the application as necessary before the municipality either approves or denies the request to establish an urban agricultural area.
(c) Approval of the urban agricultural area by a municipality shall be reviewed every 5 years after the development of the urban agricultural area. After 25 years, the urban agricultural area shall dissolve. If the municipality finds during its review that the urban agricultural area is not meeting the requirements set out in this Division, the municipality may dissolve the urban agricultural area by ordinance or resolution.
(Source: P.A. 100-1133, eff. 1-1-19.)
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65 ILCS 5/11-15.4-20 (65 ILCS 5/11-15.4-20) Sec. 11-15.4-20. Notice and public hearing; urban agricultural area ordinance. Prior to the adoption of an ordinance designating an urban agricultural area, the urban agricultural area committee shall fix a time and place for a public hearing and notify each taxing unit of local government located wholly or partially within the boundaries of the proposed urban agricultural area. The committee shall publish notice of the hearing in a newspaper of general circulation in the area to be affected by the designation at least 20 days prior to the hearing but not more than 30 days prior to the hearing. The notice shall state the time, location, date, and purpose of the hearing. At the public hearing, any interested person or affected taxing unit of local government may file with the committee written objections or comments and may be heard orally in respect to, any issues embodied in the notice. The committee shall hear and consider all objections, comments, and other evidence presented at the hearing. The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing. Following the conclusion of the public hearing required under this Section, the corporate authorities of the municipality may adopt an ordinance establishing and designating an urban agricultural area.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-25 (65 ILCS 5/11-15.4-25) Sec. 11-15.4-25. Taxation of property; water rates and charges. (a) If authorized by the ordinance that establishes an urban agricultural area under Section 11-15.4-20, a municipality may provide for the abatement of taxes it levies upon real property located within an urban agricultural area that is used by a qualifying farmer for processing, growing, raising, or otherwise producing agricultural products under item (11) of subsection (a) of Section 18-165 of the Property Tax Code. Parcels of property assessed under Section 10-110 of the Property Tax Code are not eligible for the abatements provided in this subsection; except that if real property assessed under Section 10-110 is reassessed and is subsequently no longer assessed under Section 10-110, that property becomes eligible for the abatements provided for in this Section. Real property located in a redevelopment area created under the Tax Increment Allocation Redevelopment Act and an urban agricultural area created under this Division may be eligible for an abatement under this Section, but only with respect to the initial equalized assessed value of the real property. (b) A municipality may authorize an entity providing water, electricity, or other utilities to an urban agricultural area to allow qualified farmers and partner organizations in the urban agricultural area to: (1) pay wholesale or otherwise reduced rates for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products; or (2) pay reduced or waived connection charges for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products.
(Source: P.A. 100-1133, eff. 1-1-19.) |
65 ILCS 5/11-15.4-30 (65 ILCS 5/11-15.4-30) Sec. 11-15.4-30. Unreasonable restrictions and regulations; special assessments and levies. (a) A municipality may not exercise any of its powers to enact ordinances within an urban agricultural area in a manner that would unreasonably restrict or regulate farming practices in contravention of the purposes of this Act unless the restrictions or regulations bear a direct relationship to public health or safety. (b) A unit of local government providing public services, such as sewer, water, lights, or non-farm drainage, may not impose benefit assessments or special ad valorem levies on land within an urban agricultural area on the basis of frontage, acreage, or value unless the benefit assessments or special ad valorem levies were imposed prior to the formation of the urban agricultural area or unless the service is provided to the landowner on the same basis as others having the service.
(Source: P.A. 100-1133, eff. 1-1-19.) |
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