Bill Text: IL HB4964 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4964 Detail]

Download: Illinois-2023-HB4964-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4964 Introduced 2/7/2024, by Rep. Jennifer Sanalitro 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 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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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-13-1 as follows:
(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
Sec. 11-13-1. (a) 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;
(2) to establish, regulate and limit, subject to the
provisions of Division 14 of this Article 11, the building

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or set-back lines on or along any street, traffic-way,
drive, parkway or storm or floodwater runoff channel or
basin;
(3) to regulate and limit the intensity of the use of
lot areas, and to regulate and determine the area of open
spaces, within and surrounding such buildings;
(4) to classify, regulate and restrict the location of
trades and industries and the location of buildings
designed for specified industrial, business, residential,
and other uses;
(5) to divide the entire municipality into districts
of such number, shape, area, and of such different classes
(according to use of land and buildings, height and bulk
of buildings, intensity of the use of lot area, area of
open spaces, or other classification) as may be deemed
best suited to carry out the purposes of this Division 13;
(6) to fix standards to which buildings or structures
therein shall conform;
(7) to prohibit uses, buildings, or structures
incompatible with the character of such districts;
(8) to prevent additions to and alteration or
remodeling of existing buildings or structures in such a
way as to avoid the restrictions and limitations lawfully
imposed under this Division 13;
(9) to classify, to regulate and restrict the use of
property on the basis of family relationship, which family

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relationship may be defined as one or more persons each
related to the other by blood, marriage or adoption and
maintaining a common household;
(10) to regulate or forbid any structure or activity
which may hinder access to solar energy necessary for the
proper functioning of a solar energy system, as defined in
Section 1.2 of the Comprehensive Solar Energy Act of 1977;
(11) to require the creation and preservation of
affordable housing, including the power to provide
increased density or other zoning incentives to developers
who are creating, establishing, or preserving affordable
housing; and
(12) to establish local standards solely for the
review of the exterior design of buildings and structures,
excluding utility facilities and outdoor off-premises
advertising signs, and designate a board or commission to
implement the review process; except that, other than
reasonable restrictions as to size, no home rule or
non-home rule municipality may prohibit the display of
outdoor political campaign signs on residential property
during any period of time, the regulation of these signs
being a power and function of the State and, therefor,
this item (12) is a denial and limitation of concurrent
home rule powers and functions under subsection (i) of
Section 6 of Article VII of the Illinois Constitution.
The powers enumerated may be exercised within the

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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

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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.
(b) 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

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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.
(c) Notwithstanding any other provision of law to the
contrary, a property owner, or a developer or contractor
having the written permission of the property owner, shall not
have any approvals under this Division denied because of an
aldermanic hold, objection, extra-judicial or extra-legal
request, or for any law or ordinance enacted or adopted after

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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 the 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.
If item (1), (2), (3), (4), or (5) of this subsection has
occurred and the State or the City of Chicago seeks to enforce
or impose a more restrictive law, regulation, ordinance, or
resolution against the property owner, or a developer or
contractor with the written permission of the property owner,
or otherwise condition issuance of a building permit on
meeting requirements not in place at the occurrence of item
(1), (2), (3), (4), or (5) of this subsection, then the
property owner, developer, or contractor may file suit for
injunctive or declaratory relief, or both, including, but not

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limited to, a quo warranto action or mandamus petition. If the
property owner's, developer's, or contractor's claim is
sustained by the court, the court shall impose upon the State
or the City of Chicago a civil penalty of not less than $5,000
nor more than the aggregate of: (i) the additional carrying
costs per day incurred by the property owner, developer, or
contractor, or any combination, for any delays in issuance of
a building permit; and (ii) reasonable attorney's fees.
The City of Chicago shall not maintain or enforce an
ordinance or resolution in a manner inconsistent with this
subsection. This subsection is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
This subsection applies only to the City of Chicago.
This subsection may be cited as the End Aldermanic
Privilege Law.
(d) 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

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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.
(e) 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: (i) (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; (ii) (b) for the
elimination of uses to which such buildings and structures are
devoted, if they are adaptable for permitted uses; and (iii)
(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

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