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CITY COUNCILS AND TRUSTEES.–POWERS–ZONING. § 1. Powers defined. § 4. Regulations—amended.
§ 2. Ordinance enacted. $ 5. Passage of ordinance, plat of territory—recorded. § 3. Filing objections — p r operty owners.
(SENATE BILL No. 125. APPROVED JUNE 28, 1919.)
AN ACT to confer certain additional powers upon city councils in cities and presidents and boards of trustees in villages concerning buildings, the intensity of use of lot areas, the classification of buildings, trades and industries with respect to location and regulation, the creation of residential, industrial, commercial and other districts, and the erclusion from and regulation within such districts of classes of buildings, trades and industries. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in addition to existing powers, and to the end that adequate light, pure air and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the city or village may be conserved, that congestion in the public streets may be lessened or avoided, and that the public health, safety, comfort and welfare may otherwise be promoted, the city council in each city, and the president and board of trustees in each village, shall have the following powers: To regulate and limit the height and bulk of buildings hereafter to be erected, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings; to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified uses; to make regulations designating the trades and industries that shall be excluded or subjected to special regulations within fixed districts and designating uses for which buildings may not be erected or altered in such district; to divide the city or village or portions of same into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this Act, including the power to create and establish residential districts within which new buildings designed for business may be excluded, restricted or limited, and including the power to regulate and restrict the location of trades and industries and buildings designed for same in such a way that classes of industries which affect the general comfort of the public may be excluded from districts where commercial and professional pursuits which do not affect the comfort of the public are carried on ; and to prevent the alteration or remodelling of existing buildings in such a way as to avoid the restrictions and limitations lawfully imposed on any such district; provided, that in ordinances passed under the authority of this Act due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire city or village, and the uses to which property is devoted at the time of the enactment of any such ordinance, and that the powers by this Act given shall not be exercised so as to deprive the owner of any existing property of its use for the purpose to which it is then lawfully devoted. And provided further, that nothing in this Act shall be construed to prevent additions to and alterations of any existing plant or building made to further the purpose to which it is then lawfully devoted. § 2. No ordinance under the authority of this Act shall be enacted until a public hearing has been held upon the subject matter of the Toposed ordinance before a commission, board or committee authorized by the city council in cities, or the president and board of trustees in villages, to investigate and make recommendations concerning such subject matter, and an opportunity afforded the owners of land or lots within the proposed district to file written objection as herein provided for. Such public hearing shall be held only after publication in a owspaper of such city or village of a notice of the time and place of such hearing at least thirty days in advance thereof and the posting of such notice at not less than four different places within such district, which notice shall indicate the boundaries of the territory to be affected both by the designation of the street and house numbers included and oy the legal description of the property therein, and shall state what regulations under the authority of this Act affecting such territory are to be considered at such hearing. In addition to making publication and posting notices as herein provided, the officer or officers authorized to hold said public hearing shall cause a notice of similar import to be mailed to the person shown by the records of the county collector as the one who paid the taxes during the last preceding calendar year on each ot, block, tract or parcel of land situated within such territory, at the Residence of the person so paying the taxes on each lot, block, tract or Parcel of land, if the same can on diligent inquiry be found, and if the ‘ame cannot on diligent inquiry be found, such notice shall be directed to such person at the general delivery of the post office in the city or village in which said district is proposed to be made. The affidavit of the officer designated by ordinance as the one to give such notice to the ofect that such publication was made in such newspaper and by such Posting and that such notices were mailed shall be taken as conclusive evidence that sufficient notice was given to all parties interested. When a district is first created no ordinance shall be passed hereunder which shall enlarge or reduce or otherwise change the boundaries of the terri"ry as indicated in such notice without another such notice and public hearing. Said public hearing shall be conducted by the said commis‘ion, board or committee and may be temporarily adjourned and recononed from time to time until final adjournment at the discretion of the sid commission, board or committee. After such final adjournment said commission, board or committee shall make its report and recomthendation to the city council or board of trustees, as the case may be, and file the same with the city or village clerk within ten (10) days of he late of such adjournment. § 3. At any time after the public hearing herein provided for, and not more than thirty (30) days after such commission, board or "Immittee shall file its report as required herein, the owners of a
majority of the land or lots within the proposed district according to frontage on the streets dedicated to public use shall have the right to file their objection in writing to the formation of such district or to the regulations or restrictions proposed therein. Such written objection may consist of one sheet or of a number of sheets bound together, with the signatures of such owners, the location of the property and the amount of frontage owned by each stated thereon after each name, and the same may be filed with the commission, board or committee designated as the proper authority to conduct such proceedings. Upon the filing of such objection, if it shall appear that the owners of such a majority according to frontage are opposed to the formation or creation of such district as is proposed, or to the regulations or restrictions proposed for any such district, all proceedings for same shall be discontinued, and no ordinance for the creation or formation of such district in such territory shall be passed, and no new proceedings for the formation or creation of such district within the said territory shall be begun within one year after the filing of such objection: Provided, that if said objection shall state that it is directed only against certain of the proposed regulations and restrictions, specifying same, new proceedings as herein provided for may be begun at any time for the purpose of creating such district after changing or modifying the proposed regulations and restrictions.
§ 4. The regulations imposed and the districts created under the authority of this Act may be amended, supplemented or changed from time to time by ordinance after the ordinance establishing same has gone into effect, but no such change shall be made without notice and public hearing in the same manner as when such district is first created, and in case of written protest against a proposed amendment, supplement or change, signed by the owners of twenty per cent of the frontage proposed to be altered, or by the owners of twenty per cent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty per cent of the frontage directly opposite the frontage proposed to be altered, filed with the said commission, board or committee so designated, such amendment shall not be passed except by the favorable vote of two-thirds of the members of the city council in cities, or of the members of the board of trustees in villages: Provided, that it shall always be within the power of the owners of a majority of the lands and lots according to frontage within a proposed addition to such district to prevent such addition by filing objection thereto as herein provided.
§ 5. Upon the passage of an ordinance under the authority of this Act a certified copy of the same, together with a plat of the territory affected certified to by the mayor of the city or president of the board of trustees of the village, as the case may be, shall be filed for record in the office of the recorder of deeds of the county in which the said territory is located, and no such ordinance shall take effect until the same is so recorded.
A PPROVED June 28, 1919.
CITY AND VILLAGE OFFICERS.
§ 1. Amends section 2 of Article IV § 1. Officers specified. and sections 1 and 2 of Article VI, Act of 1872. § 2. Appointment of officers —duties.
§ 2. Election of officers.
AN ACT to amend section 2 of Article IV and sections 1 and 2 of Article VI of an Act entitled, “An Act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872, as amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 2 of Article IV and sections 1 and 2 of Article VI of an Act entitled, “An Act to provide for the incorporation of cities and villages”, approved April 10, 1872, in force July 1, 1872, as amended, are amended to read as follows: § 2. (Article IV) At the general election held in 1921, and lennially thereafter, a mayor, a city clerk and a city treasurer shall be elected in each city: Provided, that no person shall be elected to the office of city treasurer for two terms in succession. § 1. (Article VI) There shall be elected in all cities organized under this Act the following officers, viz.; a mayor, a city council, a city clerk and a city treasurer. § 2. (Article VI) After the expiration of the present term of office of the city attorney in every city organized under this Act, the "ity attorney in every such city shall be appointed by the mayor, by and with the advice and consent of the city council. The city council may, in its discretion, from time to time, by ordilance passed by a vote of two-thirds of all the aldermen elected, proWide for the election by the legal voters of the city, or the appointment by the mayor, with the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, * City comptroller, or any or either of them, and such other officers * may by said council be deemed necessary or expedient. The city ouncil may, by a like vote, by ordinance or resolution, to take effect of the end of the then fiscal year, discontinue any office so created, and love the duties thereof on any other city officer; and no officer filling any such office so discontinued, shall have any claim against the city "I account of his salary, after such discontinuance. The city marshal hall perform such duties as shall be prescribed by the city council of the preservation of the public peace, and the observance and en*ment of the ordinances and laws: he shall possess the power and so of a constable at common law, and under the statutes of this Ntate.
APPROVED June 21, 1919.
§ 1. Tax levy. $ 5. Power to lease building., select site. erection of building— § 2. Filing petition—manner of levy- money's paid—treasurer. ing tax.
§ 6. Issuing bonds for funds. § 3. Majority voting on levying tax— - - rate specified. § 7. Dedication—soldiers and sailors.
§ 4. Supervision — officers — term of $ 8. Use of building.
(Hot's E Hill, No. 329. APPROVED JUNE 23, 1919.)
AN ACT to authorize tourns having a population of feu'er than 5,000 inhabitants to establish, erect and maintain community buildings. . § 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: Subject to the provisions of this Act, any town may levy an annual tax of not to exceed three mills on each dollar of the assessed valuation of taxable property therein, for the purpose of erecting and maintaining community buildings. Such tax shall be levied and collected in the same manner as other general taxes. § 2. Upon the filing with the town clerk of any town a petition containing the names of not less than fifty legal voters of such town praying that the tax herein authorized be levied, the question of levying such tax shall be submitted to the voters of such town at a special election to be called for that purpose, not less than thirty, nor more than sixty days after the filing of such petition: Provided, that the question of levying such tax shall be submitted at a regular town election if such election is to be held not less than twenty, nor more than ninety days after the filing of the petition, and provided further, that such question shall not be submitted in any town in which there is a population of over five thousand inhabitants according to the latest Federal census. § 3. If a majority of those voting on the question of levying a tax for the establishment, erection and maintenance of a community building shall vote in favor thereof, an annual tax of not to exceed three mills on each dollar of the assessed valuation of the taxable property shall be levied and collected for that purpose. § 4. The establishment or erection of a community building and the maintenance thereof shall be under the supervision of a board of managers. The board of managers shall consist of three persons, residents of the town, who shall be elected at the regular town election for a term of three years. The board of managers shall serve without compensation. The first board of managers shall be elected at a special election called for that purpose after the ratification of the question of levying the tax hereby authorized, one for one year, one for two Years, and one for three years, to be determined by lot. Thereafter, one person shall be annually elected to the board of managers at the regular town election, for a term of three years. § 5. The board of managers shall have power to lease a building, or buildings, for the establishment of a community building, or to select a site and cause the erection of a building for that purpose, and