Illinois 2023-2024 Regular Session

Illinois House Bill HB4964 Compare Versions

Only one version of the bill is available at this time.

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1	1	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. LRB103 38481 AWJ 68617 b A BILL FOR 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 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. LRB103 38481 AWJ 68617 b LRB103 38481 AWJ 68617 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4964 Introduced 2/7/2024, by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
3	3	65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
4	4	65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
5	5	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.
6	6	LRB103 38481 AWJ 68617 b LRB103 38481 AWJ 68617 b
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8	8	A BILL FOR
9	9	HB4964LRB103 38481 AWJ 68617 b HB4964 LRB103 38481 AWJ 68617 b
10	10	HB4964 LRB103 38481 AWJ 68617 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Municipal Code is amended by
15	15	5 changing Section 11-13-1 as follows:
16	16	6 (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
17	17	7 Sec. 11-13-1. (a) To the end that adequate light, pure
18	18	8 air, and safety from fire and other dangers may be secured,
19	19	9 that the taxable value of land and buildings throughout the
20	20	10 municipality may be conserved, that congestion in the public
21	21	11 streets may be lessened or avoided, that the hazards to
22	22	12 persons and damage to property resulting from the accumulation
23	23	13 or runoff of storm or flood waters may be lessened or avoided,
24	24	14 and that the public health, safety, comfort, morals, and
25	25	15 welfare may otherwise be promoted, and to insure and
26	26	16 facilitate the preservation of sites, areas, and structures of
27	27	17 historical, architectural and aesthetic importance; the
28	28	18 corporate authorities in each municipality have the following
29	29	19 powers:
30	30	20 (1) to regulate and limit the height and bulk of
31	31	21 buildings hereafter to be erected;
32	32	22 (2) to establish, regulate and limit, subject to the
33	33	23 provisions of Division 14 of this Article 11, the building
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4964 Introduced 2/7/2024, by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
38	38	65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
39	39	65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
40	40	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.
41	41	LRB103 38481 AWJ 68617 b LRB103 38481 AWJ 68617 b
42	42	LRB103 38481 AWJ 68617 b
43	43	A BILL FOR
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68	68	1 or set-back lines on or along any street, traffic-way,
69	69	2 drive, parkway or storm or floodwater runoff channel or
70	70	3 basin;
71	71	4 (3) to regulate and limit the intensity of the use of
72	72	5 lot areas, and to regulate and determine the area of open
73	73	6 spaces, within and surrounding such buildings;
74	74	7 (4) to classify, regulate and restrict the location of
75	75	8 trades and industries and the location of buildings
76	76	9 designed for specified industrial, business, residential,
77	77	10 and other uses;
78	78	11 (5) to divide the entire municipality into districts
79	79	12 of such number, shape, area, and of such different classes
80	80	13 (according to use of land and buildings, height and bulk
81	81	14 of buildings, intensity of the use of lot area, area of
82	82	15 open spaces, or other classification) as may be deemed
83	83	16 best suited to carry out the purposes of this Division 13;
84	84	17 (6) to fix standards to which buildings or structures
85	85	18 therein shall conform;
86	86	19 (7) to prohibit uses, buildings, or structures
87	87	20 incompatible with the character of such districts;
88	88	21 (8) to prevent additions to and alteration or
89	89	22 remodeling of existing buildings or structures in such a
90	90	23 way as to avoid the restrictions and limitations lawfully
91	91	24 imposed under this Division 13;
92	92	25 (9) to classify, to regulate and restrict the use of
93	93	26 property on the basis of family relationship, which family
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104	104	1 relationship may be defined as one or more persons each
105	105	2 related to the other by blood, marriage or adoption and
106	106	3 maintaining a common household;
107	107	4 (10) to regulate or forbid any structure or activity
108	108	5 which may hinder access to solar energy necessary for the
109	109	6 proper functioning of a solar energy system, as defined in
110	110	7 Section 1.2 of the Comprehensive Solar Energy Act of 1977;
111	111	8 (11) to require the creation and preservation of
112	112	9 affordable housing, including the power to provide
113	113	10 increased density or other zoning incentives to developers
114	114	11 who are creating, establishing, or preserving affordable
115	115	12 housing; and
116	116	13 (12) to establish local standards solely for the
117	117	14 review of the exterior design of buildings and structures,
118	118	15 excluding utility facilities and outdoor off-premises
119	119	16 advertising signs, and designate a board or commission to
120	120	17 implement the review process; except that, other than
121	121	18 reasonable restrictions as to size, no home rule or
122	122	19 non-home rule municipality may prohibit the display of
123	123	20 outdoor political campaign signs on residential property
124	124	21 during any period of time, the regulation of these signs
125	125	22 being a power and function of the State and, therefor,
126	126	23 this item (12) is a denial and limitation of concurrent
127	127	24 home rule powers and functions under subsection (i) of
128	128	25 Section 6 of Article VII of the Illinois Constitution.
129	129	26 The powers enumerated may be exercised within the
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140	140	1 corporate limits or within contiguous territory not more than
141	141	2 one and one-half miles beyond the corporate limits and not
142	142	3 included within any municipality. However, if any municipality
143	143	4 adopts a plan pursuant to Division 12 of Article 11 which plan
144	144	5 includes in its provisions a provision that the plan applies
145	145	6 to such contiguous territory not more than one and one-half
146	146	7 miles beyond the corporate limits and not included in any
147	147	8 municipality, then no other municipality shall adopt a plan
148	148	9 that shall apply to any territory included within the
149	149	10 territory provided in the plan first so adopted by another
150	150	11 municipality. No municipality shall exercise any power set
151	151	12 forth in this Division 13 outside the corporate limits
152	152	13 thereof, if the county in which such municipality is situated
153	153	14 has adopted "An Act in relation to county zoning", approved
154	154	15 June 12, 1935, as amended. Nothing in this Section prevents a
155	155	16 municipality of more than 112,000 population located in a
156	156	17 county of less than 185,000 population that has adopted a
157	157	18 zoning ordinance and the county that adopted the zoning
158	158	19 ordinance from entering into an intergovernmental agreement
159	159	20 that allows the municipality to exercise its zoning powers
160	160	21 beyond its territorial limits; provided, however, that the
161	161	22 intergovernmental agreement must be limited to the territory
162	162	23 within the municipality's planning jurisdiction as defined by
163	163	24 law or any existing boundary agreement. The county and the
164	164	25 municipality must amend their individual zoning maps in the
165	165	26 same manner as other zoning changes are incorporated into
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176	176	1 revised zoning maps. No such intergovernmental agreement may
177	177	2 authorize a municipality to exercise its zoning powers, other
178	178	3 than powers that a county may exercise under Section 5-12001
179	179	4 of the Counties Code, with respect to land used for
180	180	5 agricultural purposes. This amendatory Act of the 92nd General
181	181	6 Assembly is declarative of existing law. No municipality may
182	182	7 exercise any power set forth in this Division 13 outside the
183	183	8 corporate limits of the municipality with respect to a
184	184	9 facility of a telecommunications carrier defined in Section
185	185	10 5-12001.1 of the Counties Code.
186	186	11 (b) Notwithstanding any other provision of law to the
187	187	12 contrary, 30 days prior to the issuance of any permits for a
188	188	13 new telecommunications facility within 1.5 miles of a
189	189	14 municipality, the telecommunications carrier constructing the
190	190	15 facility shall provide written notice of its intent to
191	191	16 construct the facility. The notice shall include, but not be
192	192	17 limited to, the following information: (i) the name, address,
193	193	18 and telephone number of the company responsible for the
194	194	19 construction of the facility, (ii) the address and telephone
195	195	20 number of the governmental entity that is to issue the
196	196	21 building permit for the telecommunications facility, (iii) a
197	197	22 site plan and site map of sufficient specificity to indicate
198	198	23 both the location of the parcel where the telecommunications
199	199	24 facility is to be constructed and the location of all the
200	200	25 telecommunications facilities within that parcel, and (iv) the
201	201	26 property index number and common address of the parcel where
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212	212	1 the telecommunications facility is to be located. The notice
213	213	2 shall not contain any material that appears to be an
214	214	3 advertisement for the telecommunications carrier or any
215	215	4 services provided by the telecommunications carrier. The
216	216	5 notice shall be provided in person, by overnight private
217	217	6 courier, or by certified mail to all owners of property within
218	218	7 250 feet of the parcel in which the telecommunications carrier
219	219	8 has a leasehold or ownership interest. For the purposes of
220	220	9 this notice requirement, "owners" means those persons or
221	221	10 entities identified from the authentic tax records of the
222	222	11 county in which the telecommunications facility is to be
223	223	12 located. If, after a bona fide effort by the
224	224	13 telecommunications carrier to determine the owner and his or
225	225	14 her address, the owner of the property on whom the notice must
226	226	15 be served cannot be found at the owner's last known address, or
227	227	16 if the mailed notice is returned because the owner cannot be
228	228	17 found at the last known address, the notice requirement of
229	229	18 this paragraph is deemed satisfied. For the purposes of this
230	230	19 paragraph, "facility" means that term as it is defined in
231	231	20 Section 5-12001.1 of the Counties Code.
232	232	21 (c) Notwithstanding any other provision of law to the
233	233	22 contrary, a property owner, or a developer or contractor
234	234	23 having the written permission of the property owner, shall not
235	235	24 have any approvals under this Division denied because of an
236	236	25 aldermanic hold, objection, extra-judicial or extra-legal
237	237	26 request, or for any law or ordinance enacted or adopted after
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248	248	1 the date on which the property owner, developer, or
249	249	2 contractor:
250	250	3 (1) participated in a concept meeting for construction
251	251	4 with representatives from the City of Chicago regarding
252	252	5 the subject property;
253	253	6 (2) filed a building permit application with the City
254	254	7 of Chicago for the subject property;
255	255	8 (3) presented a proposed development plan to the city
256	256	9 council for the subject property;
257	257	10 (4) substantially invested resources in the
258	258	11 preparation of building plans, concept drawings, or
259	259	12 securing building contracts for a preceding period of one
260	260	13 year for the subject property; or
261	261	14 (5) otherwise gave sufficient notice of an intent to
262	262	15 develop to the pertinent regulatory authorities for the
263	263	16 subject property.
264	264	17 If item (1), (2), (3), (4), or (5) of this subsection has
265	265	18 occurred and the State or the City of Chicago seeks to enforce
266	266	19 or impose a more restrictive law, regulation, ordinance, or
267	267	20 resolution against the property owner, or a developer or
268	268	21 contractor with the written permission of the property owner,
269	269	22 or otherwise condition issuance of a building permit on
270	270	23 meeting requirements not in place at the occurrence of item
271	271	24 (1), (2), (3), (4), or (5) of this subsection, then the
272	272	25 property owner, developer, or contractor may file suit for
273	273	26 injunctive or declaratory relief, or both, including, but not
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284	284	1 limited to, a quo warranto action or mandamus petition. If the
285	285	2 property owner's, developer's, or contractor's claim is
286	286	3 sustained by the court, the court shall impose upon the State
287	287	4 or the City of Chicago a civil penalty of not less than $5,000
288	288	5 nor more than the aggregate of: (i) the additional carrying
289	289	6 costs per day incurred by the property owner, developer, or
290	290	7 contractor, or any combination, for any delays in issuance of
291	291	8 a building permit; and (ii) reasonable attorney's fees.
292	292	9 The City of Chicago shall not maintain or enforce an
293	293	10 ordinance or resolution in a manner inconsistent with this
294	294	11 subsection. This subsection is a limitation under subsection
295	295	12 (i) of Section 6 of Article VII of the Illinois Constitution on
296	296	13 the concurrent exercise by home rule units of powers and
297	297	14 functions exercised by the State.
298	298	15 This subsection applies only to the City of Chicago.
299	299	16 This subsection may be cited as the End Aldermanic
300	300	17 Privilege Law.
301	301	18 (d) If a municipality adopts a zoning plan covering an
302	302	19 area outside its corporate limits, the plan adopted shall be
303	303	20 reasonable with respect to the area outside the corporate
304	304	21 limits so that future development will not be hindered or
305	305	22 impaired; it is reasonable for a municipality to regulate or
306	306	23 prohibit the extraction of sand, gravel, or limestone even
307	307	24 when those activities are related to an agricultural purpose.
308	308	25 If all or any part of the area outside the corporate limits of
309	309	26 a municipality which has been zoned in accordance with the
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320	320	1 provisions of this Division 13 is annexed to another
321	321	2 municipality or municipalities, the annexing unit shall
322	322	3 thereafter exercise all zoning powers and regulations over the
323	323	4 annexed area.
324	324	5 (e) In all ordinances passed under the authority of this
325	325	6 Division 13, due allowance shall be made for existing
326	326	7 conditions, the conservation of property values, the direction
327	327	8 of building development to the best advantage of the entire
328	328	9 municipality and the uses to which the property is devoted at
329	329	10 the time of the enactment of such an ordinance. The powers
330	330	11 conferred by this Division 13 shall not be exercised so as to
331	331	12 deprive the owner of any existing property of its use or
332	332	13 maintenance for the purpose to which it is then lawfully
333	333	14 devoted, but provisions may be made for the gradual
334	334	15 elimination of uses, buildings and structures which are
335	335	16 incompatible with the character of the districts in which they
336	336	17 are made or located, including, without being limited thereto,
337	337	18 provisions: (i) (a) for the elimination of such uses of
338	338	19 unimproved lands or lot areas when the existing rights of the
339	339	20 persons in possession thereof are terminated or when the uses
340	340	21 to which they are devoted are discontinued; (ii) (b) for the
341	341	22 elimination of uses to which such buildings and structures are
342	342	23 devoted, if they are adaptable for permitted uses; and (iii)
343	343	24 (c) for the elimination of such buildings and structures when
344	344	25 they are destroyed or damaged in major part, or when they have
345	345	26 reached the age fixed by the corporate authorities of the
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