(65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
Sec. 11-10-1. (a) In each municipality or fire protection district, whether
incorporated under a general or special law, which has a fire department
established and maintained by municipal or fire protection district
ordinances, every corporation, company, and association which is not
incorporated under the laws of this state and which is engaged in effecting
fire insurance in the municipality or fire protection district, shall pay
to the foreign fire insurance board or to the secretary of the fire
protection district for the maintenance, use, and benefit of the fire
department thereof, a sum of 2% of the gross receipts received
from fire insurance upon property situated within the municipality or
district.
Each designated
corporation, company, and association shall pay the sum so prescribed by this subsection,
upon the amount of all premiums which have been received during the year
ending on every first day of July for all fire insurance effected or agreed
to be effected on property situated within the municipality or fire
protection district, by that corporation, company, or association
respectively.
Every person who acts in any specified municipality or fire protection
district as agent, or otherwise, on behalf of a designated corporation,
company, or association, shall render to the treasurer of the foreign fire insurance board or secretary of the fire
protection district, on or before the fifteenth day of July of each year, a
full and true account, verified by his oath, of all of the premiums which,
during the year ending on the first day of July preceding the report, were
received by him, or by any other person for him on behalf of that
corporation, company, or association. He shall specify in this report the
amounts received for fire insurance, and he shall pay to the treasurer or to the secretary of the fire protection district, or to the treasurer's or secretary's designee, at
the time of rendering this report, the sum
fixed by this subsection.
If this account is not rendered on or before the fifteenth day of July
of each year, or if the sum due remains unpaid after that day, it shall be
unlawful for any corporation, company, or association, so in default, to
transact any business in the municipality or fire protection district until
the sum due has been fully paid. But this provision shall not relieve any
corporation, company, or association from the payment of any loss upon any
risk that may be taken in violation of this requirement.
The amount of this license fee may be recovered from the
corporation, company, association, or any third party which owes it, or from its agent, by
an action brought by a foreign fire insurance board or fire
protection district.
The foreign fire insurance board
or the secretary of the fire protection district, or the board's or secretary's authorized designee, may examine the books,
records, and other papers and documents of a designated agent, corporation,
company, or association for the purpose of verifying the correctness of the
report of the amounts received for fire insurance.
This subsection is applicable to receipts from contracts of
marine fire insurance. (b) A foreign fire insurance board aggrieved by a violation of this Section may file suit in the Circuit Court in the county where the alleged violation occurred. (c) The regulation of a foreign fire insurance board and its license fees are exclusive powers and functions of the State. A home rule municipality may not regulate a foreign fire insurance board and its license fees. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-740, eff. 1-1-23 .)
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(65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
Sec. 11-10-2. (a) A foreign fire insurance board shall be created by and among the sworn members of the fire department of each municipality with fewer than 500,000 inhabitants that has an organized fire department. The board shall consist of 7 trustees; the fire chief, who shall hold office by virtue of rank, and 6 members, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates to fill all these positions, the number of board members may be reduced, but not to fewer than 3 trustees. All sworn members of the department shall be eligible to be elected as
officers of the foreign fire insurance board. The members of this board shall annually elect officers. These officers
shall be a chairman, a treasurer, and any other officers deemed necessary by the board. The members of the foreign fire insurance board shall make all needful rules and
regulations with respect to the foreign fire insurance board and
the management of the funds to be paid to the board. The foreign fire insurance board may establish, manage, and maintain an account for the holding and expenditure of all funds paid to the board. The foreign fire insurance board may contract for the purchase of goods and services using funds paid to the board. Contracting for services includes, but is not limited to, the procurement and payment of all accounting, legal, collection, or other professional services deemed by the board to be necessary to the execution of its duties under this Division using funds paid to the board. The foreign fire insurance board may sue all parties necessary to enforce its rights under this Section. The officers of the foreign fire insurance board
shall develop and maintain a listing of those items that the board feels are
appropriate
expenditures under this Act. The treasurer
of the foreign fire insurance board shall receive the funds paid as provided in Section 1
and shall pay out the funds upon the
order of the foreign fire insurance board for the
maintenance, use, and benefit of the department or as otherwise permitted by this Division. These
funds shall be audited to verify
that the funds have been expended by that board only for the maintenance, use, and benefit of the
department using funds paid to the board. Contracting for services includes, but is not limited to, the procurement and payment of all accounting, legal, collection, or other professional services deemed by the board to be necessary to the execution of its duties under this Division using funds paid to the board.
Disputes between a fire chief and the remaining members of a foreign fire insurance board concerning whether any expenditure of funds by the board is for the maintenance, use, or benefit of the department or for any other purpose authorized by this Division shall be resolved through binding arbitration, pursuant to a written arbitration agreement established by the foreign fire insurance board, that is recognized under the Uniform Arbitration Act. Arbitrations held pursuant to a written arbitration agreement are the exclusive remedy available for resolving such disputes. (b) As used in this subsection, "active member" means a member of the Chicago Fire Department who is not receiving a disability pension, retired, or a deferred pensioner of the Firemen's Annuity and Benefit Fund of Chicago. A department foreign fire insurance board is created within the Chicago Fire Department. The board shall consist of 7 trustees who shall be initially elected on or before January 1, 2019: the fire commissioner, who shall hold office by virtue of rank, and 6 elected trustees, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates seeking election to each vacant trustee position, the number of board members is reduced to 5 trustees, including the fire commissioner of the department, until the next election cycle when there are enough active members seeking election to fill all 7 member seats. All active members are eligible to be elected as trustees of the department foreign fire insurance board. Of the trustees first elected, 3 trustees shall be elected to a 2-year term and 3 trustees shall be elected to a 3-year term. After the initial election, a trustee shall be elected for a term of 3 years. If a member of the board resigns, is removed, or is unable to continue serving on the board, the vacancy shall be filled by special election of the active members or, in the case of a vacancy that will exist for fewer than 180 days until the term expires, by appointment by majority vote of the members of the board. The members of the board shall annually elect officers. These officers shall be a chairman, treasurer, and secretary. The trustees of the board shall make rules and regulations with respect to the board and the management of the money appropriated to the board. The officers of the board shall develop and maintain a listing of those items that the board believes are appropriate expenditures under this subsection. The treasurer of the board shall give a sufficient bond to the City of Chicago. The cost of the bond shall be paid out of the moneys in the board's fund. The bond shall be conditioned upon the faithful performance by the treasurer of his or her duties under the rules and regulations provided for in this subsection. The treasurer of the board shall receive the appropriated proceeds and shall disburse the proceeds upon the order of the board for the maintenance, use, and benefit of the department consistent with this subsection. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended lawfully by the board consistent with this subsection. Within 30 days after receipt of any foreign fire insurance proceeds by the City of Chicago, the City of Chicago shall transfer the proceeds to the board by depositing the proceeds into an account determined by the board, except that if the effective date of this amendatory Act of the 100th General Assembly is after July 31, 2018, then the City of Chicago shall, for budget year 2019 only, transfer only 50% of the proceeds to the board. Notwithstanding any other provision of law: 50% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of fire stations or training facilities used by the active members of the fire department; 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of emergency response vehicles, tools, and equipment used by the active members of the department; and 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance and enhancement of the department and for the use and benefit of the active members of the department in a manner otherwise consistent with this subsection. Foreign fire insurance proceeds may not be used to purchase, maintain, or enhance personal property of a member of the department, except for personal property used in the performance of his or her duties or training activities. (c) The provisions of this Section shall be the exclusive power of the
State, pursuant to subsection (h) of Section 6 of Article VII of the
Constitution.
(Source: P.A. 102-740, eff. 1-1-23 .)
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(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 5/11-11-2) (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 5/11-11.1-1) (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 5/11-12-4.1) (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) (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
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(3) To prepare and recommend to the corporate
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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
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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 5/11-12-7) (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) (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) (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
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| 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 5/11-12-13)
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
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| 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
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| 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
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| 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
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| 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 5/11-12.1-2) (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 5/11-13-1) (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
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| 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
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| 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
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| 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
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| 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
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(7) to prohibit uses, buildings, or structures
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| incompatible with the character of such districts;
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(8) to prevent additions to and alteration or
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| 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
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| 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
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| 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
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| 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
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| 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 5/11-13-1.2) 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 5/11-13-3) (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 5/11-13-7) (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 5/11-13-14.1) (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) (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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