Zoning Legislation - Illinois

CANNABIS-MEDICAL USE Amends the Cannabis Control Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more than 12 cannabis plants and 2.5 ounces of usable cannabis which must be grown in an indoor locked facility. Provides that within 30 days after the effective date of the amendatory Act, the Department shall adopt emergency rules to implement these provisions. Creates a task force to implement permanent rules. Provides that if the Department fails to adopt rules to implement these provisions within 6 months, a qualifying patient may commence an action in a court of competent jurisdiction to compel the Department to perform the actions mandated pursuant to these provisions. Provides that a municipality may not prevent [...]

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NEGATIVE USE RESTRICTION ACT Creates the Negative Use Restriction Act. Contains findings. Provides that a private agreement that purports to impose a recorded negative use restriction with a term of more than one year upon real property so as to prohibit or have the economic or practical effect of prohibiting the use of the real property for grocery store or drug store purposes after the owner or operator of a grocery store or drug store in excess of 7,500 square feet has terminated operations at the site is against public policy and is void and unenforceable. Creates an exception in the case of an owner or operator of a grocery store or drug store that terminates operations at a site for the purpose of relocating those operations into a comparable or larger grocery store or drug store located within one-half mile of the site if certain conditions are met, and permits a unit of local government that exercises zoning powers to change certain conditions under specified circumstances.[...]

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MUNI CD ANNEXATION RR UTILITY Amends the Illinois Municipal Code. Provides that any unincorporated territory containing 60 acres or less may be annexed by any municipality by which it is bounded if it is wholly bounded by one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and either (i) a utility right-of-way that is at least 100 feet wide or (ii) a railroad or operating property, as defined in the Property Tax Code, being immediately adjacent to, but exclusive of the property. Provides that railroad property shall not be subject to the zoning or jurisdiction of the municipality annexing the territory, nor shall the utility property be included for purposes of calculating the territory annexed. Provides that lands used primarily for agricultural purposes or to produce agricultural goods may not be annexed under certain provisions of the Section. Effective immediately. House Amendment No. 1 Deletes [...]

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ZONING-WIND FARMS Amends the Counties Code. Provides that a county may establish standards for wind farms and electric-generating wind devices. Provides that a county may regulate zoning with respect to wind farms and electric-generating wind devices. Provides that a municipality may not regulate zoning with respect to wind farms and electric-generating wind devices in a manner that conflicts with an existing county ordinance. Limits the concurrent exercise of home rule powers. House Amendment No. 1 Deletes everything after the enacting clause. Amends the Counties Code and the Illinois Municipal Code. Provides that a county may establish standards for wind farms and electric-generating wind devices. Provides that a county may regulate the siting of wind farms and electric-generating wind devices in unincorporated areas of the county outside of the zoning jurisdiction of a municipality and the 1.5 mile radius surrounding the zoning jurisdiction of a municipality.[...]

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MUNI CD-COUNTY LAND Amends the Illinois Municipal Code. Provides that a parcel of contiguous land of not more than 200 acres that is owned by a county shall be considered for purposes of determining whether a newly incorporated municipality constitutes a contiguous territory, but shall not be included in the incorporation without the consent of the county board. Provides that a parcel of land of less than 200 acres that is owned by the county may be disconnected from the municipality, regardless of whether the disconnection renders any of the remaining territory within the municipality not contiguous to the municipality. Provides that land that is owned by the county that has been disconnected or excluded from incorporation in the municipality shall not be subject to the ordinances or regulations of the municipality without consent of the county board. House Amendment No. 1 Deletes reference [...]

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MUNI CD ANNEXATION RR UTILITY Amends the Illinois Municipal Code. Provides that any unincorporated territory containing 60 acres or less may be annexed by any municipality by which it is bounded if it is wholly bounded by one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and a railroad or operating property, as defined in the Property Tax Code, being immediately adjacent to, but exclusive of the property. Provides that railroad property shall not be subject to the zoning or jurisdiction of the municipality annexing the territory, nor shall the utility property be included for purposes of calculating the territory annexed. Provides that lands used for agricultural purposes or to produce agricultural goods may not be annexed under certain provisions of the Section. Effective immediately.  Fiscal Note (Dept. of Commerce & Economic Opportunity)

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CONDO-DISTRESSED PROPERTY Amends the Condominium Property Act. Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Provides a definition of "distressed condominium property". Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property. Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners. Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective [...]

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MUNI CD-SPECIAL USE Amends the Illinois Municipal Code. Provides that any decision by the corporate authorities of any municipality regarding any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance (instead of any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of the municipality) is subject to de novo judicial review. Senate Committee Amendment No. 1 Adds reference to: 55 ILCS 5/5-12012.160 ILCS 1/110-50.1 Deletes everything after the enacting [...]

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MUNI CD- DISCONNECTION Amends the Municipal Code. Provides that territory may not be disconnected from the municipality unless at least 25% of the boundary of the territory is located on the border of the municipality (now, territory may not be disconnected unless the territory is located on the border of the municipality). Provides that territory may not be disconnected if zoning and public health ordinances (instead of zoning ordinances only) will be unreasonably disrupted. Requires public notice of a petition to disconnect. Provides that taxpayers may appear and defend against the petition. Provides that the petition shall be denied if the court finds that the future development of the property may be inconsistent with the municipality's comprehensive land use plan or inconsistent with the trend of development. Provides that land that has been disconnected shall not be subdivided into lots and blocks within 5 years (instead of 1 year) from the date of disconnection. Effective [...]

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LOCAL GOVERNMENT-TECH Amends the Illinois Municipal Code. Makes a technical change in a Section concerning the short title. House Amendment No. 1 Deletes reference to: 65 ILCS 5/1-1-1Adds reference to: 55 ILCS 5/5-1129 new65 ILCS 5/11-5.3-2 new Deletes everything after the enacting clause. Amends the Counties Code [...]

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