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Illinois Compiled Statutes
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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.) |
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