Illinois-2023-HB4964-Introduced

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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1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Municipal Code is amended by

5 changing 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

8 air, and safety from fire and other dangers may be secured,

9 that the taxable value of land and buildings throughout the

10 municipality may be conserved, that congestion in the public

11 streets may be lessened or avoided, that the hazards to

12 persons and damage to property resulting from the accumulation

13 or runoff of storm or flood waters may be lessened or avoided,

14 and that the public health, safety, comfort, morals, and

15 welfare may otherwise be promoted, and to insure and

16 facilitate the preservation of sites, areas, and structures of

17 historical, architectural and aesthetic importance; the

18 corporate authorities in each municipality have the following

19 powers:

20 (1) to regulate and limit the height and bulk of

21 buildings hereafter to be erected;

22 (2) to establish, regulate and limit, subject to the

23 provisions of Division 14 of this Article 11, the building

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1 or set-back lines on or along any street, traffic-way,

2 drive, parkway or storm or floodwater runoff channel or

3 basin;

4 (3) to regulate and limit the intensity of the use of

5 lot areas, and to regulate and determine the area of open

6 spaces, within and surrounding such buildings;

7 (4) to classify, regulate and restrict the location of

8 trades and industries and the location of buildings

9 designed for specified industrial, business, residential,

10 and other uses;

11 (5) to divide the entire municipality into districts

12 of such number, shape, area, and of such different classes

13 (according to use of land and buildings, height and bulk

14 of buildings, intensity of the use of lot area, area of

15 open spaces, or other classification) as may be deemed

16 best suited to carry out the purposes of this Division 13;

17 (6) to fix standards to which buildings or structures

18 therein shall conform;

19 (7) to prohibit uses, buildings, or structures

20 incompatible with the character of such districts;

21 (8) to prevent additions to and alteration or

22 remodeling of existing buildings or structures in such a

23 way as to avoid the restrictions and limitations lawfully

24 imposed under this Division 13;

25 (9) to classify, to regulate and restrict the use of

26 property on the basis of family relationship, which family

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1 relationship may be defined as one or more persons each

2 related to the other by blood, marriage or adoption and

3 maintaining a common household;

4 (10) to regulate or forbid any structure or activity

5 which may hinder access to solar energy necessary for the

6 proper functioning of a solar energy system, as defined in

7 Section 1.2 of the Comprehensive Solar Energy Act of 1977;

8 (11) to require the creation and preservation of

9 affordable housing, including the power to provide

10 increased density or other zoning incentives to developers

11 who are creating, establishing, or preserving affordable

12 housing; and

13 (12) to establish local standards solely for the

14 review of the exterior design of buildings and structures,

15 excluding utility facilities and outdoor off-premises

16 advertising signs, and designate a board or commission to

17 implement the review process; except that, other than

18 reasonable restrictions as to size, no home rule or

19 non-home rule municipality may prohibit the display of

20 outdoor political campaign signs on residential property

21 during any period of time, the regulation of these signs

22 being a power and function of the State and, therefor,

23 this item (12) is a denial and limitation of concurrent

24 home rule powers and functions under subsection (i) of

25 Section 6 of Article VII of the Illinois Constitution.

26 The powers enumerated may be exercised within the

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1 corporate limits or within contiguous territory not more than

2 one and one-half miles beyond the corporate limits and not

3 included within any municipality. However, if any municipality

4 adopts a plan pursuant to Division 12 of Article 11 which plan

5 includes in its provisions a provision that the plan applies

6 to such contiguous territory not more than one and one-half

7 miles beyond the corporate limits and not included in any

8 municipality, then no other municipality shall adopt a plan

9 that shall apply to any territory included within the

10 territory provided in the plan first so adopted by another

11 municipality. No municipality shall exercise any power set

12 forth in this Division 13 outside the corporate limits

13 thereof, if the county in which such municipality is situated

14 has adopted "An Act in relation to county zoning", approved

15 June 12, 1935, as amended. Nothing in this Section prevents a

16 municipality of more than 112,000 population located in a

17 county of less than 185,000 population that has adopted a

18 zoning ordinance and the county that adopted the zoning

19 ordinance from entering into an intergovernmental agreement

20 that allows the municipality to exercise its zoning powers

21 beyond its territorial limits; provided, however, that the

22 intergovernmental agreement must be limited to the territory

23 within the municipality's planning jurisdiction as defined by

24 law or any existing boundary agreement. The county and the

25 municipality must amend their individual zoning maps in the

26 same manner as other zoning changes are incorporated into

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1 revised zoning maps. No such intergovernmental agreement may

2 authorize a municipality to exercise its zoning powers, other

3 than powers that a county may exercise under Section 5-12001

4 of the Counties Code, with respect to land used for

5 agricultural purposes. This amendatory Act of the 92nd General

6 Assembly is declarative of existing law. No municipality may

7 exercise any power set forth in this Division 13 outside the

8 corporate limits of the municipality with respect to a

9 facility of a telecommunications carrier defined in Section

10 5-12001.1 of the Counties Code.

11 (b) Notwithstanding any other provision of law to the

12 contrary, 30 days prior to the issuance of any permits for a

13 new telecommunications facility within 1.5 miles of a

14 municipality, the telecommunications carrier constructing the

15 facility shall provide written notice of its intent to

16 construct the facility. The notice shall include, but not be

17 limited to, the following information: (i) the name, address,

18 and telephone number of the company responsible for the

19 construction of the facility, (ii) the address and telephone

20 number of the governmental entity that is to issue the

21 building permit for the telecommunications facility, (iii) a

22 site plan and site map of sufficient specificity to indicate

23 both the location of the parcel where the telecommunications

24 facility is to be constructed and the location of all the

25 telecommunications facilities within that parcel, and (iv) the

26 property index number and common address of the parcel where

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1 the telecommunications facility is to be located. The notice

2 shall not contain any material that appears to be an

3 advertisement for the telecommunications carrier or any

4 services provided by the telecommunications carrier. The

5 notice shall be provided in person, by overnight private

6 courier, or by certified mail to all owners of property within

7 250 feet of the parcel in which the telecommunications carrier

8 has a leasehold or ownership interest. For the purposes of

9 this notice requirement, "owners" means those persons or

10 entities identified from the authentic tax records of the

11 county in which the telecommunications facility is to be

12 located. If, after a bona fide effort by the

13 telecommunications carrier to determine the owner and his or

14 her address, the owner of the property on whom the notice must

15 be served cannot be found at the owner's last known address, or

16 if the mailed notice is returned because the owner cannot be

17 found at the last known address, the notice requirement of

18 this paragraph is deemed satisfied. For the purposes of this

19 paragraph, "facility" means that term as it is defined in

20 Section 5-12001.1 of the Counties Code.

21 (c) Notwithstanding any other provision of law to the

22 contrary, a property owner, or a developer or contractor

23 having the written permission of the property owner, shall not

24 have any approvals under this Division denied because of an

25 aldermanic hold, objection, extra-judicial or extra-legal

26 request, or for any law or ordinance enacted or adopted after

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1 the date on which the property owner, developer, or

2 contractor:

3 (1) participated in a concept meeting for construction

4 with representatives from the City of Chicago regarding

5 the subject property;

6 (2) filed a building permit application with the City

7 of Chicago for the subject property;

8 (3) presented a proposed development plan to the city

9 council for the subject property;

10 (4) substantially invested resources in the

11 preparation of building plans, concept drawings, or

12 securing building contracts for a preceding period of one

13 year for the subject property; or

14 (5) otherwise gave sufficient notice of an intent to

15 develop to the pertinent regulatory authorities for the

16 subject property.

17 If item (1), (2), (3), (4), or (5) of this subsection has

18 occurred and the State or the City of Chicago seeks to enforce

19 or impose a more restrictive law, regulation, ordinance, or

20 resolution against the property owner, or a developer or

21 contractor with the written permission of the property owner,

22 or otherwise condition issuance of a building permit on

23 meeting requirements not in place at the occurrence of item

24 (1), (2), (3), (4), or (5) of this subsection, then the

25 property owner, developer, or contractor may file suit for

26 injunctive or declaratory relief, or both, including, but not

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1 limited to, a quo warranto action or mandamus petition. If the

2 property owner's, developer's, or contractor's claim is

3 sustained by the court, the court shall impose upon the State

4 or the City of Chicago a civil penalty of not less than $5,000

5 nor more than the aggregate of: (i) the additional carrying

6 costs per day incurred by the property owner, developer, or

7 contractor, or any combination, for any delays in issuance of

8 a building permit; and (ii) reasonable attorney's fees.

9 The City of Chicago shall not maintain or enforce an

10 ordinance or resolution in a manner inconsistent with this

11 subsection. This subsection is a limitation under subsection

12 (i) of Section 6 of Article VII of the Illinois Constitution on

13 the concurrent exercise by home rule units of powers and

14 functions exercised by the State.

15 This subsection applies only to the City of Chicago.

16 This subsection may be cited as the End Aldermanic

17 Privilege Law.

18 (d) If a municipality adopts a zoning plan covering an

19 area outside its corporate limits, the plan adopted shall be

20 reasonable with respect to the area outside the corporate

21 limits so that future development will not be hindered or

22 impaired; it is reasonable for a municipality to regulate or

23 prohibit the extraction of sand, gravel, or limestone even

24 when those activities are related to an agricultural purpose.

25 If all or any part of the area outside the corporate limits of

26 a municipality which has been zoned in accordance with the

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1 provisions of this Division 13 is annexed to another

2 municipality or municipalities, the annexing unit shall

3 thereafter exercise all zoning powers and regulations over the

4 annexed area.

5 (e) In all ordinances passed under the authority of this

6 Division 13, due allowance shall be made for existing

7 conditions, the conservation of property values, the direction

8 of building development to the best advantage of the entire

9 municipality and the uses to which the property is devoted at

10 the time of the enactment of such an ordinance. The powers

11 conferred by this Division 13 shall not be exercised so as to

12 deprive the owner of any existing property of its use or

13 maintenance for the purpose to which it is then lawfully

14 devoted, but provisions may be made for the gradual

15 elimination of uses, buildings and structures which are

16 incompatible with the character of the districts in which they

17 are made or located, including, without being limited thereto,

18 provisions: (i) ~~(a)~~ for the elimination of such uses of

19 unimproved lands or lot areas when the existing rights of the

20 persons in possession thereof are terminated or when the uses

21 to which they are devoted are discontinued; (ii) ~~(b)~~ for the

22 elimination of uses to which such buildings and structures are

23 devoted, if they are adaptable for permitted uses; and (iii)

24 ~~(c)~~ for the elimination of such buildings and structures when

25 they are destroyed or damaged in major part, or when they have

26 reached the age fixed by the corporate authorities of the

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