Bill Text: IL SB2881 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Zoning Division of the Illinois Municipal Code. Provides that decisions by the corporate authorities of a municipality in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to judicial review (rather than de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes) and that principles of substantive and procedural due process that apply in all states of the decision-making and review of zoning decisions include protection against arbitrary or capricious action and protection against disregard of the decision-making body's own ordinances or regulations. Amends the Annexation Agreements Division of the Illinois Municipal Code. Provides that the corporate authorities of any municipality may enter into an annexation agreement with one or more of the owners of record of land in contiguous unincorporated territory (adding that the territory must be contiguous). Removes provisions allowing an annexation agreement to include language relating to continuation in effect of any ordinance relating to subdivision controls, zoning, official plan, or building, housing, and related restrictions; 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 under specified circumstances; or abatement of property taxes. Provides that an annexation agreement may not include any of the following: (1) requiring property to be rezoned after the agreement is approved; (2) forbidding action by a city council or corporate authorities of a municipality after the agreement is approved; or (3) agreements for nonspecific, future projects or actions for any party to the agreement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB2881 Detail]

Download: Illinois-2023-SB2881-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2881 Introduced 1/24/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-13-25
65 ILCS 5/11-15.1-1 from Ch. 24, par. 11-15.1-1
65 ILCS 5/11-15.1-2 from Ch. 24, par. 11-15.1-2
Amends the Zoning Division of the Illinois Municipal Code. Provides that decisions by the corporate authorities of a municipality in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to judicial review (rather than de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes) and that principles of substantive and procedural process that apply in all states of the decision-making and review of zoning decisions include protection against arbitrary or capricious action and protection against disregard of the decision-making body's own ordinances or regulations. Amends the Annexation Agreement Division of the Illinois Municipal Code. Provides that the corporate authorities of any municipality may enter into an annexation agreement with one or more of the owners of record of land in contiguous unincorporated territory (adding that the territory must be contiguous). Removes provisions allowing an annexation agreement to include language relating to continuation in effect of any ordinance relating to subdivision controls, zoning, official plan, or building, housing, and related restrictions; 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 under specified circumstances; or abatement of property taxes. Provides that an annexation agreement may not include any of the following: (1) requiring property to be rezoned after the agreement is approved; (2) forbidding action by a city council or corporate authorities of a municipality after the agreement is approved; or (3) agreements for nonspecific, future projects or actions for any party to the agreement.
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A BILL FOR
SB2881 LRB103 34661 AWJ 64504 b
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 Sections 11-13-25, 11-15.1-1, and 11-15.1-2 as
follows:
(65 ILCS 5/11-13-25)
Sec. 11-13-25. Actions subject to de novo review; due
process.
(a) Any decision by the corporate authorities of any
municipality, home rule or non-home rule, in regard to any
petition or application for a special use, variance, rezoning,
or other amendment to a zoning ordinance shall be subject to de
novo judicial review as a legislative decision, regardless of
whether the process in relation thereto is considered
administrative for other purposes. Any action seeking the
judicial review of such a decision shall be commenced not
later than 90 days after the date of the decision.
(b) The principles of substantive and procedural due
process, including protection against arbitrary or capricious
action and protection against disregard of the decision-making
body's own ordinances or regulations, apply at all stages of
the decision-making and review of all zoning decisions.

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(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
(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 contiguous
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.
Changes made to the first paragraph of this Section by
Public Act 86-1169 are This amendatory Act of 1990 is
declarative of existing law and do does not change the
substantive operation of this Section.
(Source: P.A. 86-1169; 87-1137.)
(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:

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(a) The annexation of such territory to the
municipality, subject to the provisions of Article 7.
(b) (Blank). 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) (Blank). 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) (Blank). The abatement of property taxes.
(f) Any other matter not inconsistent with the

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