|  |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 11 Div. 14
(65 ILCS 5/Art. 11 Div. 14 heading)
DIVISION 14.
SET-BACK LINES
|
65 ILCS 5/11-14-1
(65 ILCS 5/11-14-1) (from Ch. 24, par. 11-14-1)
Sec. 11-14-1.
In addition to existing powers and to the end that adequate
light, pure air, or safety may be secured and that congestion of public
streets may be lessened or avoided, the corporate authorities in each
municipality have power by ordinance to establish, regulate, and limit the
building or set-back lines on or along any street, traffic way, drive, or
parkway or storm or floodwater runoff channel within the municipality, as
may be deemed best suited to carry out these purposes. The powers given by
this Division 14 shall not be exercised so as to deprive the owner of any
existing property of its use or maintenance for the purpose to which it is
then lawfully devoted.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/11-14-2
(65 ILCS 5/11-14-2) (from Ch. 24, par. 11-14-2)
Sec. 11-14-2.
All ordinances passed under the terms of this Division 14
shall be enforced by such officers of the municipality as may be designated
by ordinance.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/11-14-3
(65 ILCS 5/11-14-3) (from Ch. 24, par. 11-14-3)
Sec. 11-14-3.
The regulations imposed under the authority of this Division
14 may be amended from time to time by ordinance after the ordinance
establishing the regulations has gone into effect, but no amendment shall
be made without a hearing before a commission or committee designated by
the corporate authorities of the municipality. A notice of the time and
place of such a hearing shall be given at least once, not more than 30 nor
less than 15 days before the hearing, by publishing a notice thereof in one
or more newspapers published in the municipality, or, if no newspaper is
published therein, then in one or more newspapers with a general
circulation within the municipality. In municipalities with less than 500
population in which no newspaper is published, publication may instead be
made by posting a notice in 3 prominent places within the municipality. An
amendment shall not be passed except by a favorable vote of two-thirds of
the members of the city council then holding office in cities or members of
the board of trustees then holding office in villages or incorporated
towns.
(Source: Laws 1967, p. 3425.)
|
65 ILCS 5/11-14-4
(65 ILCS 5/11-14-4) (from Ch. 24, par. 11-14-4)
Sec. 11-14-4.
In case any structure is erected or constructed in violation
of this Division 14 or of any ordinance made under the authority conferred
by this Division 14, the proper officers of the municipality, in addition
to other remedies, may institute any appropriate action or proceeding (1)
to prevent the unlawful erection or construction, (2) to restrain, correct,
or abate the violation, (3) to prevent the occupancy of the structure, or
(4) to prevent any illegal act, conduct, business, or use in or about the
premises.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/Art. 11 Div. 15
(65 ILCS 5/Art. 11 Div. 15 heading)
DIVISION 15.
APPROVAL OF MAPS AND PLATS
|
65 ILCS 5/11-15-1
(65 ILCS 5/11-15-1) (from Ch. 24, par. 11-15-1)
Sec. 11-15-1.
The corporate authorities may provide, by ordinance, that any
map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or
of any piece or parcel of land, shall be submitted to the corporate
authorities, or to some officer to be designated by them, for their or his
approval. In that case no such map, plat, or subdivision shall be entitled
to record in the proper county, or have any validity until it has been so
approved. If any municipality has adopted a subdivision ordinance pursuant
to Division 12 of Article 11 of this code, as heretofore and hereinafter
amended, all subdivision plats shall be submitted for approval and
approved in the manner provided in such ordinance. Until approved by the
corporate authorities, or such officer designated by them, no such map,
plat or subdivision plat shall be entitled to record in the proper county,
or have any validity whatever.
(Source: Laws 1961, p. 2425.)
|
65 ILCS 5/Art. 11 Div. 15.1
(65 ILCS 5/Art. 11 Div. 15.1 heading)
DIVISION 15.1.
ANNEXATION AGREEMENTS
|
65 ILCS 5/11-15.1-1
(65 ILCS 5/11-15.1-1) (from Ch. 24, par. 11-15.1-1)
Sec. 11-15.1-1.
The corporate authorities of any municipality may enter
into an annexation agreement with one or more of the owners of record
of land in unincorporated territory. That land may be annexed to the
municipality in the manner provided in Article 7 at the time the land is or
becomes contiguous to the municipality. The agreement shall be valid and
binding for a period of not to exceed 20 years from the date of its execution.
Lack of contiguity to the municipality of property that is the subject of
an annexation agreement does not affect the validity of the agreement
whether approved by the corporate authorities before or after the effective
date of this amendatory Act of 1990.
This amendatory Act of 1990 is declarative of existing law and does not
change the substantive operation of this Section.
(Source: P.A. 86-1169; 87-1137.)
|
65 ILCS 5/11-15.1-2
(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
Sec. 11-15.1-2.
Any such agreement may provide for the following as it
relates to the land which is the subject of the agreement:
(a) The annexation of such territory to the municipality, subject to the
provisions of Article 7.
(b) The continuation in effect, or amendment, or continuation in effect
as amended, of any ordinance relating to subdivision controls, zoning,
official plan, and building, housing and related restrictions; provided,
however, that any public hearing required by law to be held before the
adoption of any ordinance amendment provided in such agreement shall be
held prior to the execution of the agreement, and all ordinance amendments
provided in such agreement shall be enacted according to law.
(c) A limitation upon increases in permit fees required by the
municipality.
(d) Contributions of either land or monies, or both, to any
municipality
and to other units of local government having
jurisdiction over all or part of land that is the subject matter of any annexation agreement entered
into under the provisions of this Section shall be deemed valid when made and
shall survive the expiration date of any such annexation agreement with respect
to all or any part of the land that was the subject matter of the annexation
agreement.
(e) The granting of utility franchises for such land.
(e-5) The abatement of property taxes.
(f) Any other matter not inconsistent with the provisions of this Code,
nor forbidden by law.
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the
subject of the agreement, would be a breach of such agreement, shall not
apply to such land without an amendment of such agreement.
After the effective term of any annexation agreement and unless otherwise
provided for within the annexation agreement or an amendment to the annexation
agreement, the
provisions of any ordinance relating to the zoning of the land that is
provided for within the agreement or an amendment to the agreement, shall
remain in effect unless modified in
accordance with law. This amendatory Act of 1995 is declarative of existing
law and shall apply to all annexation agreements.
(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, eff.
7-1-97.)
|
65 ILCS 5/11-15.1-2.1
(65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
Sec. 11-15.1-2.1. Annexation agreement; municipal jurisdiction.
(a) Except as provided in subsections (b) and (c), property that is the subject of an annexation agreement adopted
under this Division is subject to the ordinances, control, and jurisdiction
of the annexing municipality in all respects the same as property that lies
within the annexing municipality's corporate limits.
(b) This Section shall not apply in (i) a county with a population of more
than 3,000,000, (ii) a county that borders a county with a population of
more than 3,000,000
or (iii) a county with a population of more than
246,000 according to the 1990 federal census and bordered by the Mississippi
River,
unless the parties to the annexation agreement have, at the
time the agreement is signed, ownership or control of all property
that would make the property that is the subject of the agreement contiguous
to the annexing municipality, in which case the property that is the subject of
the annexation agreement is subject to the ordinances, control, and
jurisdiction of the municipality in all respects the same as property owned by
the municipality that lies within its corporate limits.
(b-5) The limitations of item (iii) of subsection (b) do not apply to property that is the subject of an annexation agreement adopted under this Division within one year after the effective date of this amendatory Act of the 95th General Assembly with a coterminous home rule municipality, as of June 1, 2009, that borders the Mississippi River, in a county with a population in excess of 258,000, according to the 2000 federal census, if all such agreements entered into by the municipality pertain to parcels that comprise a contiguous area of not more than 120 acres in the aggregate.
(c) Except for property located in a county referenced in subsection (b) of this Section, if any property or any portion of a property that is located more than 1.5 miles from a municipality's corporate limits in a county where the county board has voted to maintain the ordinances, control, and jurisdiction of the property by a two-thirds affirmative vote, that property is subject to the ordinances, control, and jurisdiction of the county.
(d) If the county board retains jurisdiction under subsection (c) of this Section, the annexing municipality may file a request for jurisdiction with the county board on a case by case basis. If the county board agrees by the affirmative vote of a majority of its members, then the property covered by the annexation agreement shall be subject to the ordinances, control, and jurisdiction of the annexing municipality.
(Source: P.A. 96-163, eff. 1-1-10; 96-188, eff. 8-10-09; 96-1000, eff. 7-2-10; 97-404, eff. 8-16-11.)
|
65 ILCS 5/11-15.1-3
(65 ILCS 5/11-15.1-3) (from Ch. 24, par. 11-15.1-3)
Sec. 11-15.1-3.
Any such agreement executed after July 31, 1963 and all
amendments of annexation agreements, shall be entered into in the following
manner. The corporate authorities shall fix a time for and hold a public
hearing upon the proposed annexation agreement or amendment, and shall give
notice of the proposed agreement or amendment not more than 30 nor less
than 15 days before the date fixed for the hearing. This notice shall be
published at least once in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in one or more
newspapers with a general circulation within the annexing municipality.
After such hearing the agreement or amendment may be modified before
execution thereof. The annexation agreement or amendment shall be executed
by the mayor or president and attested by the clerk of the municipality
only after such hearing and upon the adoption of a resolution or ordinance
directing such execution, which resolution or ordinance must be passed by a
vote of two-thirds of the corporate authorities then holding office.
(Source: P.A. 76-912.)
|
65 ILCS 5/11-15.1-4
(65 ILCS 5/11-15.1-4) (from Ch. 24, par. 11-15.1-4)
Sec. 11-15.1-4.
Any annexation agreement executed pursuant to this Division
15.1, or in conformity with Section 11-15.1-5 hereof, shall be binding upon the
successor owners of record of the land which is the subject of the agreement
and upon successor municipal authorities of the municipality and successor
municipalities. Any party to such agreement may by civil action, mandamus,
injunction or other proceeding, enforce and compel performance of the
agreement.
A lawsuit to enforce and compel performance of the agreement must be filed
within the effective term of the agreement or within 5 years from the date the
cause of action accrued, whichever time is later.
(Source: P.A. 89-432, eff. 6-1-96.)
|
65 ILCS 5/11-15.1-5
(65 ILCS 5/11-15.1-5) (from Ch. 24, par. 11-15.1-5)
Sec. 11-15.1-5.
Any annexation agreement executed prior to October 1, 1973 which was
executed pursuant to a two-thirds vote of
the corporate authorities and which contains provisions not inconsistent
with Section 11-15.1-2 hereof is hereby declared valid and enforceable as
to such provisions for the effective period of such agreement, or for 20
years from the date of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1985 may
be extended to a date which is not later than 20
years from the date of execution of the original Annexation Agreement.
(Source: P.A. 84-835.)
|
65 ILCS 5/Art. 11 Div. 15.2
(65 ILCS 5/Art. 11 Div. 15.2 heading)
DIVISION 15.2.
ANNEXATION; DRAINAGE DISTRICTS (Source: P.A. 94-266, eff. 1-1-06 .) |
65 ILCS 5/11-15.2-1 (65 ILCS 5/11-15.2-1)
Sec. 11-15.2-1. If authorized by an agreement approved by the court pursuant to notice as required by Section 4-22 of the Illinois Drainage Code (70 ILCS 605/4-22), a municipality and a drainage district may enter into an implementing agreement to provide for the automatic detachment of land from the drainage district when the land is annexed to the municipality. An implementing agreement shall not be required to comply with the provisions of Sections 4-19 through 4-24 of the Illinois Drainage Code (70 ILCS 605/4-19 through 605/4-24) and may authorize the filing of certificates as provided in this Section. Upon the filing of a certificate, executed by a drainage district in compliance with Section 4-11 of the Illinois Drainage Code (70 ILCS 605/4-11) and by an annexing municipality, the land described in the certificate shall be detached from the drainage district and annexed to the annexing municipality as of the date of filing. The certificate shall be filed with the drainage district clerk and the county clerk where the land is located. The legal effect of the filing of a certificate shall be the same as a court order entered pursuant to Section 8-20 of the Illinois Drainage Code (70 ILCS 605/8-20).
(Source: P.A. 94-266, eff. 1-1-06.) |
|
|
|