HB4484 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4484

 

Introduced 2/4/2020, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-1  from Ch. 24, par. 11-13-1

    Creates the End Aldermanic Privilege Law in the Illinois Municipal Code. Provides that, in the City of Chicago, a property owner, or a developer or contractor having the written permission of the property owner, shall not have any approvals under the Zoning Division denied because of an aldermanic hold, objection, extra-judicial or extra-legal request, or for any law or ordinance enacted or adopted after the date on which the property owner, developer, or contractor: (1) participated in a concept meeting for construction with representatives from the City of Chicago regarding the subject property; (2) filed a building permit application with the City of Chicago for the subject property; (3) presented a proposed development plan to a city council for the subject property; (4) substantially invested resources in the preparation of building plans, concept drawings, or securing building contracts for a preceding period of one year for the subject property; or (5) otherwise gave sufficient notice of an intent to develop to the pertinent regulatory authorities for the subject property. Allows suit against the State or the City of Chicago that seeks to enforce or impose a more restrictive law, regulation, ordinance, or resolution against the property owner, developer, or contractor and allows for a $5,000 civil penalty and other damages if the property owner's, developer's, or contractor's claim is successful. Limits home rule powers.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-13-1 as follows:
 
6    (65 ILCS 5/11-13-1)  (from Ch. 24, par. 11-13-1)
7    Sec. 11-13-1. (a) To the end that adequate light, pure air,
8and safety from fire and other dangers may be secured, that the
9taxable value of land and buildings throughout the municipality
10may be conserved, that congestion in the public streets may be
11lessened or avoided, that the hazards to persons and damage to
12property resulting from the accumulation or runoff of storm or
13flood waters may be lessened or avoided, and that the public
14health, safety, comfort, morals, and welfare may otherwise be
15promoted, and to insure and facilitate the preservation of
16sites, areas, and structures of historical, architectural and
17aesthetic importance; the corporate authorities in each
18municipality have the following powers:
19        (1) to regulate and limit the height and bulk of
20    buildings hereafter to be erected;
21        (2) to establish, regulate and limit, subject to the
22    provisions of Division 14 of this Article 11, the building
23    or set-back lines on or along any street, traffic-way,

 

 

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1    drive, parkway or storm or floodwater runoff channel or
2    basin;
3        (3) to regulate and limit the intensity of the use of
4    lot areas, and to regulate and determine the area of open
5    spaces, within and surrounding such buildings;
6        (4) to classify, regulate and restrict the location of
7    trades and industries and the location of buildings
8    designed for specified industrial, business, residential,
9    and other uses;
10        (5) to divide the entire municipality into districts of
11    such number, shape, area, and of such different classes
12    (according to use of land and buildings, height and bulk of
13    buildings, intensity of the use of lot area, area of open
14    spaces, or other classification) as may be deemed best
15    suited to carry out the purposes of this Division 13;
16        (6) to fix standards to which buildings or structures
17    therein shall conform;
18        (7) to prohibit uses, buildings, or structures
19    incompatible with the character of such districts;
20        (8) to prevent additions to and alteration or
21    remodeling of existing buildings or structures in such a
22    way as to avoid the restrictions and limitations lawfully
23    imposed under this Division 13;
24        (9) to classify, to regulate and restrict the use of
25    property on the basis of family relationship, which family
26    relationship may be defined as one or more persons each

 

 

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1    related to the other by blood, marriage or adoption and
2    maintaining a common household;
3        (10) to regulate or forbid any structure or activity
4    which may hinder access to solar energy necessary for the
5    proper functioning of a solar energy system, as defined in
6    Section 1.2 of the Comprehensive Solar Energy Act of 1977;
7        (11) to require the creation and preservation of
8    affordable housing, including the power to provide
9    increased density or other zoning incentives to developers
10    who are creating, establishing, or preserving affordable
11    housing; and
12        (12) to establish local standards solely for the review
13    of the exterior design of buildings and structures,
14    excluding utility facilities and outdoor off-premises
15    advertising signs, and designate a board or commission to
16    implement the review process; except that, other than
17    reasonable restrictions as to size, no home rule or
18    non-home rule municipality may prohibit the display of
19    outdoor political campaign signs on residential property
20    during any period of time, the regulation of these signs
21    being a power and function of the State and, therefor, this
22    item (12) is a denial and limitation of concurrent home
23    rule powers and functions under subsection (i) of Section 6
24    of Article VII of the Illinois Constitution.
25    The powers enumerated may be exercised within the corporate
26limits or within contiguous territory not more than one and

 

 

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1one-half miles beyond the corporate limits and not included
2within any municipality. However, if any municipality adopts a
3plan pursuant to Division 12 of Article 11 which plan includes
4in its provisions a provision that the plan applies to such
5contiguous territory not more than one and one-half miles
6beyond the corporate limits and not included in any
7municipality, then no other municipality shall adopt a plan
8that shall apply to any territory included within the territory
9provided in the plan first so adopted by another municipality.
10No municipality shall exercise any power set forth in this
11Division 13 outside the corporate limits thereof, if the county
12in which such municipality is situated has adopted "An Act in
13relation to county zoning", approved June 12, 1935, as amended.
14Nothing in this Section prevents a municipality of more than
15112,000 population located in a county of less than 185,000
16population that has adopted a zoning ordinance and the county
17that adopted the zoning ordinance from entering into an
18intergovernmental agreement that allows the municipality to
19exercise its zoning powers beyond its territorial limits;
20provided, however, that the intergovernmental agreement must
21be limited to the territory within the municipality's planning
22jurisdiction as defined by law or any existing boundary
23agreement. The county and the municipality must amend their
24individual zoning maps in the same manner as other zoning
25changes are incorporated into revised zoning maps. No such
26intergovernmental agreement may authorize a municipality to

 

 

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1exercise its zoning powers, other than powers that a county may
2exercise under Section 5-12001 of the Counties Code, with
3respect to land used for agricultural purposes. This amendatory
4Act of the 92nd General Assembly is declarative of existing
5law. No municipality may exercise any power set forth in this
6Division 13 outside the corporate limits of the municipality
7with respect to a facility of a telecommunications carrier
8defined in Section 5-12001.1 of the Counties Code.
9    (b) Notwithstanding any other provision of law to the
10contrary, 30 days prior to the issuance of any permits for a
11new telecommunications facility within 1.5 miles of a
12municipality, the telecommunications carrier constructing the
13facility shall provide written notice of its intent to
14construct the facility. The notice shall include, but not be
15limited to, the following information: (i) the name, address,
16and telephone number of the company responsible for the
17construction of the facility, (ii) the address and telephone
18number of the governmental entity that is to issue the building
19permit for the telecommunications facility, (iii) a site plan
20and site map of sufficient specificity to indicate both the
21location of the parcel where the telecommunications facility is
22to be constructed and the location of all the
23telecommunications facilities within that parcel, and (iv) the
24property index number and common address of the parcel where
25the telecommunications facility is to be located. The notice
26shall not contain any material that appears to be an

 

 

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1advertisement for the telecommunications carrier or any
2services provided by the telecommunications carrier. The
3notice shall be provided in person, by overnight private
4courier, or by certified mail to all owners of property within
5250 feet of the parcel in which the telecommunications carrier
6has a leasehold or ownership interest. For the purposes of this
7notice requirement, "owners" means those persons or entities
8identified from the authentic tax records of the county in
9which the telecommunications facility is to be located. If,
10after a bona fide effort by the telecommunications carrier to
11determine the owner and his or her address, the owner of the
12property on whom the notice must be served cannot be found at
13the owner's last known address, or if the mailed notice is
14returned because the owner cannot be found at the last known
15address, the notice requirement of this paragraph is deemed
16satisfied. For the purposes of this paragraph, "facility" means
17that term as it is defined in Section 5-12001.1 of the Counties
18Code.
19    (c) Notwithstanding any other provision of law to the
20contrary, a property owner, or a developer or contractor having
21the written permission of the property owner, shall not have
22any approvals under this Division denied because of an
23aldermanic hold, objection, extra-judicial or extra-legal
24request, or for any law or ordinance enacted or adopted after
25the date on which the property owner, developer, or contractor:
26        (1) participated in a concept meeting for construction

 

 

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1    with representatives from the City of Chicago regarding the
2    subject property;
3        (2) filed a building permit application with the City
4    of Chicago for the subject property;
5        (3) presented a proposed development plan to the city
6    council for the subject property;
7        (4) substantially invested resources in the
8    preparation of building plans, concept drawings, or
9    securing building contracts for a preceding period of one
10    year for the subject property; or
11        (5) otherwise gave sufficient notice of an intent to
12    develop to the pertinent regulatory authorities for the
13    subject property.
14    If item (1), (2), (3), (4), or (5) of this subsection has
15occurred and the State or the City of Chicago seeks to enforce
16or impose a more restrictive law, regulation, ordinance, or
17resolution against the property owner, or a developer or
18contractor with the written permission of the property owner,
19or otherwise condition issuance of a building permit on meeting
20requirements not in place at the occurrence of item (1), (2),
21(3), (4), or (5) of this subsection, then the property owner,
22developer, or contractor may file suit for injunctive or
23declaratory relief, or both, including, but not limited to, a
24quo warranto action or mandamus petition. If the property
25owner's, developer's, or contractor's claim is sustained by the
26court, the court shall impose upon the State or the City of

 

 

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1Chicago a civil penalty of not less than $5,000 and nor more
2than the aggregate of: (i) the additional carrying costs per
3day incurred by the property owner, developer, or contractor,
4or any combination, for any delays in issuance of a building
5permit; and (ii) reasonable attorney's fees.
6    The City of Chicago shall not maintain or enforce an
7ordinance or resolution in a manner inconsistent with this
8subsection. This subsection is a limitation under subsection
9(i) of Section 6 of Article VII of the Illinois Constitution on
10the concurrent exercise by home rule units of powers and
11functions exercised by the State.
12    This subsection applies only to the City of Chicago.
13    This subsection may be cited as the End Aldermanic
14Privilege Law.
15    (d) If a municipality adopts a zoning plan covering an area
16outside its corporate limits, the plan adopted shall be
17reasonable with respect to the area outside the corporate
18limits so that future development will not be hindered or
19impaired; it is reasonable for a municipality to regulate or
20prohibit the extraction of sand, gravel, or limestone even when
21those activities are related to an agricultural purpose. If all
22or any part of the area outside the corporate limits of a
23municipality which has been zoned in accordance with the
24provisions of this Division 13 is annexed to another
25municipality or municipalities, the annexing unit shall
26thereafter exercise all zoning powers and regulations over the

 

 

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1annexed area.
2    (e) In all ordinances passed under the authority of this
3Division 13, due allowance shall be made for existing
4conditions, the conservation of property values, the direction
5of building development to the best advantage of the entire
6municipality and the uses to which the property is devoted at
7the time of the enactment of such an ordinance. The powers
8conferred by this Division 13 shall not be exercised so as to
9deprive the owner of any existing property of its use or
10maintenance for the purpose to which it is then lawfully
11devoted, but provisions may be made for the gradual elimination
12of uses, buildings and structures which are incompatible with
13the character of the districts in which they are made or
14located, including, without being limited thereto, provisions:
15(i) (a) for the elimination of such uses of unimproved lands or
16lot areas when the existing rights of the persons in possession
17thereof are terminated or when the uses to which they are
18devoted are discontinued; (ii) (b) for the elimination of uses
19to which such buildings and structures are devoted, if they are
20adaptable for permitted uses; and (iii) (c) for the elimination
21of such buildings and structures when they are destroyed or
22damaged in major part, or when they have reached the age fixed
23by the corporate authorities of the municipality as the normal
24useful life of such buildings or structures.
25    (f) This amendatory Act of 1971 does not apply to any
26municipality which is a home rule unit, except as provided in

 

 

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1item (12) of subsection (a).
2(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)