ILAPA News BURST! Legislative Update

Legislative Update by Sharon Caddigan, AICP

HB 334 – Municipal Annexations
This Bill adds an allowable basis for when a municipality may forcibly annex territory containing 60 acres or less. Specifically, this legislation will allow such annexation for municipalities located in DuPage County to occur if the land is partially bounded by a railroad or operating property. This would prohibit this type of annexation if the territory is used for agricultural purposes.

This provides an opportunity for localities to better handle growth in their areas. While this targets DuPage County at the moment, if successful this may provide precedent for changes throughout the State. This legislation was approved by the House Local Government Committee and is currently on the House Floor.

SB 382 – Design Review Ordinances
This Bill would amend the Zoning statutes in the Illinois Municipal Code to expressly authorize municipalities to enact design review ordinances. Sets forth design review factors. It also provides that such ordinances may be enforced by an administrative body designated by the municipality (such as an architectural control committee or other body).

Municipalities throughout the country have adopted and implemented design review or architectural control ordinances. However, Illinois municipalities have run into problems because of recent Illinois appellate court decisions that have found such ordinances invalid. These recent cases are based on the judicial authority created in Pacesetter (Pacesetter Homes, Inc. v. Village of Olympia Fields, 104 III. App. 2d 218 (1st Dist. 1968). The Pacesetter case was decided without reliance on any precedent, in disregard of other judicial decisions and express statutory language that recognizes the protection and preservation of architecture and aesthetics as a legitimate purpose of zoning. This conflict between Illinois case law and statutory law has called into question the validity of municipal design review ordinances, forcing municipalities to expend public funds to defend their validity. This bill would resolve this conflict.

Sharon Caddigan, AICP
Village of Streamwood
301 E. Irving Park Road
Streamwood, IL 60107-3096
Phone: 630.837.0200 ext 350
Fax: 630.837.5960
legislative@ilapa.org