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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| AN ACT concerning housing.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section |
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| 5-12001 as follows:
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| (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
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| Sec. 5-12001. Authority to regulate and restrict location |
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| and use of
structures.
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| For the purpose of promoting the public health, safety, |
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| morals,
comfort and general welfare, conserving the values of |
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| property throughout the
county, lessening or avoiding |
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| congestion in the public streets and
highways, and lessening or |
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| avoiding the hazards to persons and damage to
property |
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| resulting from the accumulation or runoff of storm or flood
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| waters, the county board or board of county commissioners, as |
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| the
case may be, of each county, shall have the power to |
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| regulate and restrict
the location and use of buildings, |
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| structures and land for trade, industry,
residence and other |
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| uses which may be specified by such board, to regulate
and |
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| restrict the intensity of such uses, to establish building or |
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| setback
lines on or along any street, trafficway, drive, |
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| parkway or storm or
floodwater runoff channel or basin outside |
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| the limits of cities, villages
and incorporated towns which |
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| have in effect municipal zoning ordinances; to
divide the |
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| entire county outside the limits of such cities, villages and
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| incorporated towns into districts of such number, shape, area |
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| and of such
different classes, according to the use of land and |
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| buildings, the
intensity of such use (including height of |
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| buildings and structures and
surrounding open space) and other |
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| classification as may be deemed best
suited to carry out the |
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| purposes of this Division; to prohibit uses, buildings
or |
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| structures incompatible with the character of such districts
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| respectively; and to prevent additions to and alteration or |
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| remodeling of
existing buildings or structures in such a way as |
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| to avoid the restrictions
and limitations lawfully imposed |
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| hereunder: Provided, that permits with
respect to the erection, |
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| maintenance, repair, alteration, remodeling or
extension of |
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| buildings or structures used or to be used for agricultural
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| purposes shall be issued free of any charge. The corporate |
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| authorities
of the county may by ordinance require the |
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| construction of fences around
or protective covers over |
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| previously constructed artificial basins of water
dug in the |
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| ground and
used for swimming or wading, which are located on |
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| private residential
property and intended for the use of the |
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| owner and guests. In all ordinances or
resolutions passed under |
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| the authority of this Division, due allowance
shall be made for |
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| existing conditions, the conservation of property values,
the |
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| directions of building development to the best advantage of the |
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| entire
county, and the uses to which property is devoted at the |
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| time of the
enactment of any such ordinance or resolution.
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| The powers by this Division given shall not be exercised so |
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| as to deprive the
owner of any existing property of its use or |
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| maintenance for the purpose to
which it is then lawfully |
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| devoted, but provisions may be made for (i) the
gradual |
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| elimination of the uses of unimproved lands or lot areas when |
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| the
existing
rights of the persons in possession are terminated |
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| or when the uses
to which they are devoted are discontinued, |
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| (ii) the gradual elimination of
uses
to which the buildings and |
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| structures are devoted if they are adaptable
to permitted uses, |
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| and (iii) the gradual elimination of the buildings and
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| structures when they are destroyed or damaged in major part; |
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| nor
shall they be exercised so as to
impose regulations, |
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| eliminate uses, buildings, or structures, or require
permits |
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| with respect to land
used for agricultural purposes,
which |
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| includes the growing of farm crops, truck garden crops, animal |
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| and
poultry
husbandry, apiculture, aquaculture, dairying, |
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| floriculture, horticulture,
nurseries, tree
farms, sod farms, |
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| pasturage, viticulture, and wholesale greenhouses when such
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| agricultural purposes constitute the principal activity on the |
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| land,
other than parcels of land consisting of
less than 5 |
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| acres from which $1,000 or less of agricultural products were
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| sold in any calendar year in counties with a population between |
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| 300,000 and
400,000 or in counties contiguous to a county with |
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| a population between 300,000
and 400,000, and other than |
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| parcels of land consisting of less than 5 acres in
counties |
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| with a population in excess of 400,000,
or with respect to the |
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| erection,
maintenance, repair, alteration, remodeling or |
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| extension of buildings or
structures used or to be used for |
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| agricultural purposes upon such land
except that such buildings |
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| or structures for agricultural purposes may be
required to |
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| conform to building or set back lines
and counties may |
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| establish a minimum lot size for residences on land used for
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| agricultural purposes; nor shall any such
powers be so |
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| exercised as to prohibit the temporary use of land for the
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| installation, maintenance and operation of facilities used by |
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| contractors
in the ordinary course of construction activities, |
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| except that such
facilities may be required to be located not |
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| less than 1,000 feet from any
building used for residential |
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| purposes, and except that the period of such
temporary use |
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| shall not exceed the duration of the construction contract;
nor |
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| shall any such powers include the right to specify or regulate |
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| the type
or location of any poles, towers, wires, cables, |
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| conduits, vaults, laterals
or any other similar distributing |
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| equipment of a public utility as defined in
the Public |
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| Utilities Act, if the public utility
is subject to the Messages |
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| Tax Act, the Gas Revenue Tax Act or the Public
Utilities |
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| Revenue Act, or if such facilities or equipment are located on
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| any rights of way and are used for railroad purposes, nor shall |
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| any such
powers be exercised with respect to uses, buildings, |
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| or structures of a public
utility as defined in the Public |
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| Utilities Act, nor shall any such
powers be exercised in any |
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| respect as to the facilities, as defined in Section
5-12001.1, |
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| of a telecommunications carrier, as also defined therein, |
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| except to
the extent and in the manner set forth in Section |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| 5-12001.1. As used in this
Act, "agricultural purposes" do not |
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| include the extraction of sand, gravel
or limestone, and such |
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| activities may be regulated by county zoning
ordinance even |
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| when such activities are related to an agricultural purpose.
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| Nothing in this Division shall be construed to restrict the |
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| powers granted by
statute to cities, villages and incorporated |
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| towns as to territory
contiguous to but outside of the limits |
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| of such cities, villages and
incorporated towns. Any zoning |
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| ordinance enacted by a city, village or
incorporated town shall |
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| supersede, with respect to territory within the
corporate |
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| limits of the municipality, any county zoning plan otherwise
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| applicable. The powers granted to counties by this Division |
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| shall be treated
as in addition to powers conferred by statute |
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| to control or approve maps,
plats or subdivisions. In this |
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| Division, "agricultural purposes"
include, without limitation, |
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| the growing, developing, processing,
conditioning, or selling |
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| of hybrid seed corn, seed beans, seed oats, or
other farm |
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| seeds.
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| Nothing in this Division shall be construed to prohibit the |
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| corporate
authorities of a county from adopting an ordinance |
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| that exempts pleasure
driveways or park districts, as defined |
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| in the Park District Code, with a
population of greater than |
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| 100,000, from the exercise of the county's powers
under this |
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| Division.
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| The powers granted by this Division may be used to promote |
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| the creation and preservation of affordable housing, including |
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| the power to provide increased density or other zoning |
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| incentives to developers who are building affordable housing.
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| (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98; |
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| 90-522, eff. 1-1-98;
90-655, eff. 7-30-98; 90-661, eff. |
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| 7-30-98.)
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| Section 10. The Illinois Municipal Code is amended by |
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| changing Section 11-13-1 as follows:
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| (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| Sec. 11-13-1. To the end that adequate light, pure air, and |
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| safety from
fire and other dangers may be secured, that the |
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| taxable value of land and
buildings throughout the municipality |
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| may be conserved, that congestion in
the public streets may be |
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| lessened or avoided, that the hazards to persons
and damage to |
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| property resulting from the accumulation or runoff of storm
or |
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| flood waters may be lessened or avoided, and that the public |
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| health,
safety, comfort, morals, and welfare may otherwise be |
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| promoted, and to
insure and facilitate the preservation of |
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| sites, areas, and structures of
historical, architectural and |
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| aesthetic importance; the corporate
authorities in each |
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| municipality have the following powers:
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| (1) To regulate and limit the height and bulk of |
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| buildings hereafter to
be erected; (2) to establish, |
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| regulate and limit, subject to the provisions
of Division |
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| 14 of this Article 11, the building or set-back lines on or
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| along any street, traffic-way, drive, parkway or storm or |
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| floodwater runoff
channel or basin; (3) to regulate and |
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| limit the intensity of the use of lot
areas, and to |
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| regulate and determine the area of open spaces, within and
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| surrounding such buildings; (4) to classify, regulate and |
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| restrict the
location of trades and industries and the |
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| location of buildings designed
for specified industrial, |
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| business, residential, and other uses; (5) to
divide the |
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| entire municipality into districts of such number, shape, |
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| area,
and of such different classes (according to use of |
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| land and buildings,
height and bulk of buildings, intensity |
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| of the use of lot area, area of
open spaces, or other |
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| classification) as may be deemed best suited to carry
out |
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| the purposes of this Division 13; (6) to fix standards to |
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| which
buildings or structures therein shall conform; (7) to |
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| prohibit uses,
buildings, or structures incompatible with |
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| the character of such districts;
(8) to prevent additions |
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| to and alteration or remodeling of existing
buildings or |
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| structures in such a way as to avoid the restrictions and
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| limitations lawfully imposed under this Division 13; (9) to |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| classify,
to regulate and restrict the use of property on |
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| the basis of family
relationship, which family |
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| relationship may be defined as one or more
persons each |
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| related to the other by blood, marriage or adoption and
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| maintaining a common household; and (10) to regulate or |
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| forbid any structure
or activity which may hinder access to |
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| solar energy necessary for the proper
functioning of a |
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| solar energy system, as defined in Section 1.2 of The
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| Comprehensive Solar Energy Act of 1977 ; and (11) to promote |
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| the creation and preservation of affordable housing, |
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| including the power to provide increased density or other |
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| zoning incentives to developers who are building |
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| affordable housing .
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| The powers enumerated may be exercised within the corporate |
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| limits or
within contiguous territory not more than one and |
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| one-half miles beyond the
corporate limits and not included |
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| within any municipality. However, if any
municipality adopts a |
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| plan pursuant to Division 12 of Article 11 which
plan includes |
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| in its provisions a provision that the plan applies to such
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| contiguous territory not more than one and one-half miles |
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| beyond the
corporate limits and not included in any |
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| municipality, then no other
municipality shall adopt a plan |
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| that shall apply to any territory included
within the territory |
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| provided in the plan first so adopted by another
municipality. |
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| No municipality shall exercise any power set forth in this
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| Division 13 outside the corporate limits thereof, if the county |
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| in which
such municipality is situated has adopted "An Act in |
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| relation to county
zoning", approved June 12, 1935, as amended.
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| Nothing in this Section prevents a municipality of more than |
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| 112,000
population located in a county of less than 185,000 |
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| population that has adopted
a zoning ordinance and the county |
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| that adopted the zoning ordinance from
entering into an |
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| intergovernmental agreement that allows the municipality to
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| exercise its zoning powers beyond its territorial limits; |
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| provided, however,
that the intergovernmental agreement must |
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| be limited to the territory within
the municipality's planning |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| jurisdiction as defined by law or any existing
boundary |
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| agreement. The county and the municipality must amend their
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| individual zoning maps in the same manner as other zoning |
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| changes are
incorporated into revised zoning maps.
No such |
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| intergovernmental agreement may authorize a municipality to |
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| exercise
its zoning powers, other than powers that a county may |
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| exercise under
Section 5-12001 of the Counties Code, with |
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| respect to land used for
agricultural purposes. This amendatory |
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| Act of the 92nd General Assembly is
declarative of existing |
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| law.
No municipality may exercise any
power set forth in this |
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| Division 13 outside the corporate limits of the
municipality |
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| with respect to a facility of a telecommunications carrier |
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| defined
in Section 5-12001.1 of the Counties Code. |
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| Notwithstanding any other provision of law to the contrary, |
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| at least 30 days prior to commencing construction of a new |
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| telecommunications facility within 1.5 miles of a |
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| municipality, the telecommunications carrier constructing the |
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| facility shall provide written notice of its intent to |
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| construct the facility. The notice shall include, but not be |
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| limited to, the following information: (i) the name, address, |
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| and telephone number of the company responsible for the |
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| construction of the facility and (ii) the address and telephone |
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| number of the governmental entity that issued the building |
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| permit for the telecommunications facility. The notice shall be |
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| provided in person, by overnight private courier, or by |
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| certified mail to all owners of property within 250 feet of the |
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| parcel in which the telecommunications carrier has a leasehold |
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| or ownership interest. For the purposes of this notice |
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| requirement, "owners" means those persons or entities |
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| identified from the authentic tax records of the county in |
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| which the telecommunications facility is to be located. If, |
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| after a bona fide effort by the telecommunications carrier to |
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| determine the owner and his or her address, the owner of the |
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| property on whom the notice must be served cannot be found at |
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| the owner's last known address, or if the mailed notice is |
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| returned because the owner cannot be found at the last known |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| address, the notice requirement of this paragraph is deemed |
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| satisfied. For the purposes of this paragraph, "facility" means |
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| that term as it is defined in Section 5-12001.1 of the Counties |
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| Code. |
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| If a municipality adopts a
zoning plan covering an area |
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| outside its corporate limits, the plan adopted
shall be |
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| reasonable with respect to the area outside the corporate |
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| limits
so that future development will not be hindered or |
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| impaired; it is
reasonable for a municipality to regulate or |
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| prohibit the extraction of
sand, gravel, or limestone even when |
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| those activities are related to an
agricultural purpose. If all |
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| or any part of the area outside the corporate
limits of a |
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| municipality which has been zoned in accordance with the
|
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| provisions of this Division 13 is annexed to another |
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| municipality or
municipalities, the annexing unit shall |
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| thereafter exercise all zoning
powers and regulations over the |
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| annexed area.
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| In all ordinances passed under the authority of this |
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| Division 13, due
allowance shall be made for existing |
20 |
| conditions, the conservation of
property values, the direction |
21 |
| of building development to the best
advantage of the entire |
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| municipality and the uses to which the property is
devoted at |
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| the time of the enactment of such an ordinance. The powers
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| conferred by this Division 13 shall not be exercised so as to |
25 |
| deprive the
owner of any existing property of its use or |
26 |
| maintenance for the purpose to
which it is then lawfully |
27 |
| devoted, but provisions may be made for the
gradual elimination |
28 |
| of uses, buildings and structures which are
incompatible with |
29 |
| the character of the districts in which they are made or
|
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| located, including, without being limited thereto, provisions |
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| (a) for the
elimination of such uses of unimproved lands or lot |
32 |
| areas when the existing
rights of the persons in possession |
33 |
| thereof are terminated or when the uses
to which they are |
34 |
| devoted are discontinued; (b) for the elimination of uses
to |
35 |
| which such buildings and structures are devoted, if they are |
36 |
| adaptable
for permitted uses; and (c) for the elimination of |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| such buildings and
structures when they are destroyed or |
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| damaged in major part, or when they
have reached the age fixed |
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| by the corporate authorities of the municipality
as the normal |
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| useful life of such buildings or structures.
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| This amendatory Act of 1971 does not apply to any |
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| municipality which is
a home rule unit.
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| (Source: P.A. 92-509, eff. 1-1-02; 93-698, eff. 7-9-04.)
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| Section 15. The Affordable Housing Planning and Appeal Act |
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| is amended by changing Sections 15, 25, 30, and 50 and by |
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| adding Section 60 as follows:
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| (310 ILCS 67/15)
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| Sec. 15. Definitions. As used in this Act:
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| "Affordable housing" means housing that has a sales price |
14 |
| or rental amount
that is within the means of a household that |
15 |
| may occupy moderate-income or
low-income
housing. In the case |
16 |
| of dwelling units for sale,
housing that is affordable means |
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| housing in which mortgage, amortization,
taxes, insurance, and |
18 |
| condominium or association fees, if any, constitute no
more |
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| than 30% of the gross annual household income for a household |
20 |
| of the size
that may occupy the unit. In the case of dwelling |
21 |
| units for rent, housing that
is affordable means housing for |
22 |
| which the rent and utilities constitute no more
than 30% of the |
23 |
| gross annual household income for a household of the size that
|
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| may occupy the unit.
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25 |
| "Affordable housing developer" means a nonprofit entity, |
26 |
| limited equity
cooperative or public agency, or private |
27 |
| individual, firm, corporation, or
other entity
seeking to build |
28 |
| an affordable housing development.
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29 |
| "Affordable housing development" means (i) any housing |
30 |
| that is subsidized by
the federal or State government or (ii) |
31 |
| any housing in which at least 20% of
the dwelling units are |
32 |
| subject to covenants or restrictions that require that
the |
33 |
| dwelling units be sold or rented at prices that preserve them |
34 |
| as affordable
housing for a period of at least 15 years, in the |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| case of for-sale housing, and
at least 30 years, in the case of |
2 |
| rental housing.
|
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| "Approving authority" means the governing body of the |
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| county or municipality. |
5 |
| "Area median household income" means the median household |
6 |
| income adjusted for family size for applicable income limit |
7 |
| areas as determined annually by the federal Department of |
8 |
| Housing and Urban Development under Section 8 of the United |
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| States Housing Act of 1937.
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10 |
| "Community land trust" means a private, not-for-profit |
11 |
| corporation organized exclusively for charitable, cultural, |
12 |
| and other purposes and created to acquire and own land for the |
13 |
| benefit of the local government, including the creation and |
14 |
| preservation of affordable housing.
|
15 |
| "Development" means any building, construction, |
16 |
| renovation, or excavation or
any material change in the use or |
17 |
| appearance of any structure or in the land
itself; the division |
18 |
| of land into parcels; or any change in the intensity or
use
of |
19 |
| land, such as an increase in the number of dwelling units in a |
20 |
| structure or
a change to a commercial use.
|
21 |
| "Exempt local government" means any local government in |
22 |
| which at least 10% of
its total year-round housing units are |
23 |
| affordable, as determined by the
Illinois Housing Development |
24 |
| Authority pursuant to Section 20 of this Act; or
any |
25 |
| municipality under 1,000 population.
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| "Household" means the person or persons occupying a |
27 |
| dwelling unit.
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28 |
| "Housing trust fund" means a separate fund within a local |
29 |
| government established solely for the purpose of holding and |
30 |
| disbursing financial resources to address the affordable |
31 |
| housing needs of individuals or households that may occupy |
32 |
| low-income or moderate-income housing.
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| "Local government" means a county or municipality.
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34 |
| "Low-income housing" means housing that is affordable, |
35 |
| according to the
federal Department of Housing and Urban |
36 |
| Development, for either home ownership
or rental, and that is |
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SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| occupied, reserved, or marketed for occupancy by
households |
2 |
| with a gross household income that does not exceed 50% of the |
3 |
| area median
household income.
|
4 |
| "Moderate-income housing" means housing that is |
5 |
| affordable, according to the
federal Department of Housing and |
6 |
| Urban Development, for either home ownership
or
rental, and |
7 |
| that is occupied, reserved, or marketed for occupancy by |
8 |
| households
with a gross household income that is greater than |
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| 50% but does not exceed 80%
of the area median household |
10 |
| income.
|
11 |
| "Non-appealable local government requirements" means all |
12 |
| essential
requirements that protect the public health and |
13 |
| safety, including any local
building, electrical, fire, or |
14 |
| plumbing code requirements or those requirements
that
are |
15 |
| critical to the protection or preservation of the environment.
|
16 |
| (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
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| (310 ILCS 67/25)
|
18 |
| Sec. 25. Affordable housing plan.
|
19 |
| (a) Prior to April 1, 2005, all non-exempt local |
20 |
| governments must approve an
affordable housing plan. Upon |
21 |
| recalculation of the non-exempt list under Section 20 using new |
22 |
| decennial census data, any local government determined to be |
23 |
| non-exempt for the first time by the Illinois Housing |
24 |
| Development Authority shall have 18 months from the date of |
25 |
| notification of its non-exempt status to approve an affordable |
26 |
| housing plan under this Act.
|
27 |
| (b) For the purposes of this Act, the affordable housing |
28 |
| plan shall consist
of at least the following:
|
29 |
| (i) a statement of the total number of affordable |
30 |
| housing units that are
necessary to exempt the local |
31 |
| government from the operation of this Act as
defined in |
32 |
| Section 15 and Section 20;
|
33 |
| (ii) an identification of lands within the |
34 |
| jurisdiction that are most
appropriate for the |
35 |
| construction of affordable housing and of existing
|
|
|
|
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LRB094 04641 DRJ 34670 b |
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1 |
| structures most appropriate for conversion to, or |
2 |
| rehabilitation for,
affordable housing,
including a |
3 |
| consideration of lands and structures of developers who |
4 |
| have
expressed a commitment to provide affordable housing |
5 |
| and lands and structures
that are publicly or semi-publicly |
6 |
| owned;
|
7 |
| (iii) incentives that local governments may provide |
8 |
| for the purpose of
attracting affordable housing to their |
9 |
| jurisdiction; and
|
10 |
| (iv) a goal of a minimum of 15% of all new development |
11 |
| or
redevelopment within the local government that would be |
12 |
| defined as affordable
housing in this Act; or a minimum of |
13 |
| a 3 percentage point increase in the
overall percentage of |
14 |
| affordable housing within its jurisdiction, as
described |
15 |
| in subsection (b) of Section 20 of this Act; or a minimum |
16 |
| of a total of 10% affordable
housing
within its |
17 |
| jurisdiction as described in subsection (b) of Section 20 |
18 |
| of this Act. These goals may be met, in whole or in part, |
19 |
| through the creation of affordable housing units under |
20 |
| intergovernmental agreements as described in subsection |
21 |
| (e) of this Section.
|
22 |
| (c) Within 60 days after the adoption of an affordable |
23 |
| housing plan or
revisions to its affordable housing plan, the |
24 |
| local government must submit a
copy of that plan to the |
25 |
| Illinois Housing Development Authority.
|
26 |
| (d) In order to promote the goals of this Act and to |
27 |
| maximize the creation of affordable housing throughout the |
28 |
| State of Illinois, a local government, whether exempt or |
29 |
| non-exempt under this Act, may adopt the following measures to |
30 |
| address the need for affordable housing: |
31 |
| (1) A local government may create a housing trust fund, |
32 |
| which may be used, without limitation, to support the |
33 |
| following affordable housing activities: |
34 |
| (A) Housing production, including, without |
35 |
| limitation, new construction, rehabilitation, and |
36 |
| adaptive re-use. |
|
|
|
SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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| (B) Acquisition, including, without limitation, |
2 |
| vacant land, single-family homes, multi-unit |
3 |
| buildings, and other existing structures that may be |
4 |
| used in whole or in part for residential use. |
5 |
| (C) Rental payment assistance. |
6 |
| (D) Home-ownership purchase assistance. |
7 |
| (E) Preservation of existing affordable housing. |
8 |
| (F) Weatherization. |
9 |
| (G) Emergency repairs. |
10 |
| (H) Housing related support services, including |
11 |
| homeownership education and financial counseling. |
12 |
| (I) Capacity grants to not-for-profit |
13 |
| organizations that are actively engaged in addressing |
14 |
| the affordable housing needs of low-income and |
15 |
| moderate-income households. |
16 |
| Local governments may authorize housing trust funds to |
17 |
| accept and utilize funds, property, and other resources |
18 |
| from all proper and lawful public and private sources so |
19 |
| long as those funds are used solely for addressing the |
20 |
| affordable housing needs of individuals or households that |
21 |
| may occupy low-income or moderate-income housing. |
22 |
| (2) A local government may create a community land |
23 |
| trust, which may: acquire developed or undeveloped parcels |
24 |
| of land; hold them in perpetuity and for conveyance under |
25 |
| long-term ground leases; transfer ownership of any |
26 |
| structural improvements on such parcels to lessees; and |
27 |
| retain a preemptive option to purchase any such structural |
28 |
| improvements at a price determined by a formula ensuring |
29 |
| that the improvement remains affordable in perpetuity to |
30 |
| individuals or households that may occupy low-income or |
31 |
| moderate-income housing. |
32 |
| (3) A local government may use its zoning powers to |
33 |
| promote the creation and preservation of affordable |
34 |
| housing as authorized under Section 5-12001 of the Counties |
35 |
| Code and Section 11-13-1 of the Illinois Municipal Code. |
36 |
| (4) A local government may accept donations of money or |
|
|
|
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LRB094 04641 DRJ 34670 b |
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|
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| land in order to use those donations to address the |
2 |
| affordable housing needs of individuals or households that |
3 |
| may occupy low-income or moderate-income housing. These |
4 |
| donations may include donations of money or land from |
5 |
| developers in lieu of building affordable housing. |
6 |
| (e) In order to encourage regional cooperation and the |
7 |
| maximum creation of affordable housing in areas lacking such |
8 |
| housing in the State of Illinois, any non-exempt local |
9 |
| government may enter into intergovernmental agreements with |
10 |
| local governments within 10 miles of its corporate boundaries |
11 |
| in order to create affordable housing units to meet the goals |
12 |
| of this Act. A non-exempt local government may not enter into |
13 |
| an intergovernmental agreement, however, with any local |
14 |
| government that contains more than 25% affordable housing as |
15 |
| determined under Section 20 of this Act. All intergovernmental |
16 |
| agreements entered into to create affordable housing units to |
17 |
| meet the goals of this Act must also specify how many of the |
18 |
| affordable housing units created will be credited to each local |
19 |
| government participating in the agreement for purposes of |
20 |
| complying with this Act. In specifying how many affordable |
21 |
| housing units will be credited to each local government, the |
22 |
| same affordable housing unit may not be counted by more than |
23 |
| one local government. This subsection (e) is inoperative on and |
24 |
| after January 1, 2010.
|
25 |
| (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
|
26 |
| (310 ILCS 67/30)
|
27 |
| Sec. 30. Appeal to State Housing Appeals Board.
|
28 |
| (a) (Blank).
Beginning January 1, 2006, an affordable |
29 |
| housing developer whose
application is either denied or |
30 |
| approved with conditions that in his or her
judgment render the |
31 |
| provision of affordable housing infeasible may, within 45
days |
32 |
| after the decision, submit to the State Housing Appeals Board |
33 |
| information
regarding why the developer believes he or she was |
34 |
| unfairly denied or
conditions were placed upon the tentative |
35 |
| approval of the development unless
the local government that |
|
|
|
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LRB094 04641 DRJ 34670 b |
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|
1 |
| rendered the decision is exempt under Section 15 or
Section 20 |
2 |
| of this Act. The Board shall maintain all
information forwarded |
3 |
| to them by developers and shall compile and make
available an |
4 |
| annual report summarizing the information thus received.
|
5 |
| (b) Beginning January 1, 2009, an affordable housing |
6 |
| developer whose
application is either denied or approved with |
7 |
| conditions that in his or her
judgment render the
provision of |
8 |
| affordable housing infeasible may, within 45 days after the
|
9 |
| decision, appeal to the State Housing Appeals Board challenging |
10 |
| that decision
unless the municipality or county that rendered |
11 |
| the decision is exempt under
Section 15 of this Act. The |
12 |
| developer must submit information regarding why the
developer |
13 |
| believes he or she was unfairly denied or unreasonable |
14 |
| conditions
were placed upon the tentative approval of the |
15 |
| development. In the case of local governments that are |
16 |
| determined to be non-exempt for the first time by the Illinois |
17 |
| Housing Development Authority under Section 20 using new |
18 |
| decennial census data, no developer may appeal to the State |
19 |
| Housing Appeals Board until 60 months after a local government |
20 |
| has been notified of its non-exempt status.
|
21 |
| (c) Beginning January 1, 2009, the Board shall render a |
22 |
| decision on the
appeal within 120 days after the appeal is |
23 |
| filed.
In its determination of an appeal, the Board shall |
24 |
| conduct a de novo review of
the
matter. In rendering its |
25 |
| decision, the Board shall consider the facts and
whether the |
26 |
| developer was treated in a manner that places an undue burden |
27 |
| on
the development due to the fact that the development |
28 |
| contains affordable
housing as defined in this Act. The Board |
29 |
| shall further consider any action
taken by the unit of local |
30 |
| government in regards to granting waivers or
variances that |
31 |
| would have the effect of creating or prohibiting the economic
|
32 |
| viability of the development. In any proceeding before the |
33 |
| Board, the affordable housing developer
bears the burden of |
34 |
| demonstrating that the decision of the local government was |
35 |
| arbitrary and unreasonable and without substantial relation to |
36 |
| the public health, safety, or welfare.
he or she has been |
|
|
|
SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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|
1 |
| unfairly denied or
unreasonable conditions have been
placed |
2 |
| upon the tentative approval for the application for an |
3 |
| affordable
housing development.
|
4 |
| If a developer proves by a preponderance of the evidence |
5 |
| that the local government's decision was based on an intent to |
6 |
| prohibit or render infeasible the development of affordable |
7 |
| housing, then the local government's decision will be deemed to |
8 |
| be arbitrary and unreasonable and without substantial relation |
9 |
| to the public health, safety, or welfare. In determining |
10 |
| whether the developer has proved an intent to prohibit or |
11 |
| render infeasible the development of affordable housing, the |
12 |
| Board shall consider the following factors: |
13 |
| (1) Whether the local government has adopted an |
14 |
| affordable housing plan under this Act. |
15 |
| (2) Whether the local government has made a good faith |
16 |
| effort to implement its affordable housing plan, |
17 |
| including, but not limited to, whether the local government |
18 |
| has adopted new policies or programs or made an |
19 |
| appropriation to help create affordable housing. |
20 |
| (3) Whether the local government's regulations have |
21 |
| been consistently applied to comparable proposed |
22 |
| developments, whether or not the proposals include |
23 |
| affordable housing. |
24 |
| (4) Evidence of a consistent pattern of behavior by the |
25 |
| local government to restrict the economic viability of |
26 |
| affordable housing developments.
|
27 |
| In reviewing the legitimacy of the local government's |
28 |
| action as it applies to the specific development in question, |
29 |
| the Board's review shall be based solely on the record |
30 |
| established during the local government proceedings. However, |
31 |
| in determining whether the developer has proved that there is |
32 |
| an intent to prohibit or render infeasible the development of |
33 |
| affordable housing, the Board, in addition to reviewing the |
34 |
| record established at the local level, may examine evidence not |
35 |
| introduced in the local government proceeding that is relevant |
36 |
| to the factors set forth in items (1) through (4) of this |
|
|
|
SB0966 Engrossed |
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LRB094 04641 DRJ 34670 b |
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|
1 |
| subsection (c).
|
2 |
| (d) The Board shall dismiss any appeal if:
|
3 |
| (i) the local government has adopted an affordable |
4 |
| housing plan as defined
in Section 25 of this Act and |
5 |
| submitted that plan to the Illinois Housing
Development |
6 |
| Authority within the time frame required by this Act; and
|
7 |
| (ii) the local government has implemented its |
8 |
| affordable housing plan
and has met its goal as established |
9 |
| in its affordable housing plan as
defined in Section 25 of |
10 |
| this Act.
|
11 |
| (e) The Board shall dismiss any appeal if the reason for |
12 |
| denying the
application or placing
conditions upon the approval |
13 |
| is a non-appealable local government
requirement
under Section |
14 |
| 15 of this Act.
|
15 |
| (f) The Board may affirm, reverse, or modify the conditions |
16 |
| of, or add
conditions to, a decision made by the approving |
17 |
| authority. The decision of the
Board constitutes an order |
18 |
| directed to the approving authority and is binding
on the local |
19 |
| government.
|
20 |
| (g) The appellate court has the exclusive jurisdiction to |
21 |
| review decisions
of the Board. Any appeal to the Appellate |
22 |
| Court of a final ruling by the State Housing Appeals Board may |
23 |
| be heard only in the Appellate Court for the District in which |
24 |
| the local government involved in the appeal is located.
|
25 |
| (Source: P.A. 93-595, eff. 1-1-04.)
|
26 |
| (310 ILCS 67/50)
|
27 |
| Sec. 50. Housing Appeals Board.
|
28 |
| (a) Prior to January 1, 2008
July 1, 2006 , a Housing |
29 |
| Appeals Board shall be created
consisting of 7 members |
30 |
| appointed by the Governor as follows:
|
31 |
| (1) a retired circuit judge or retired appellate judge, |
32 |
| who shall act as
chairperson;
|
33 |
| (2) a zoning board of appeals member;
|
34 |
| (3) a planning board member;
|
35 |
| (4) a mayor or municipal council or board member;
|
|
|
|
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LRB094 04641 DRJ 34670 b |
|
|
1 |
| (5) a county board member;
|
2 |
| (6) an affordable housing developer; and
|
3 |
| (7) an affordable housing advocate.
|
4 |
| In addition, the Chairman of the Illinois Housing |
5 |
| Development Authority, ex
officio, shall serve as a non-voting |
6 |
| member.
No more than 4 of the appointed members may be from the |
7 |
| same political party.
Appointments under items (2), (3), and |
8 |
| (4) shall be from local governments that
are not exempt under |
9 |
| this Act.
|
10 |
| (b) Initial terms of 4 members designated by the Governor |
11 |
| shall be for 2
years. Initial terms of 3 members designated by |
12 |
| the Governor shall be for one
year. Thereafter, members shall |
13 |
| be appointed for terms of 2 years. A member
shall receive no
|
14 |
| compensation for his or her services, but shall be reimbursed |
15 |
| by the State for
all reasonable expenses actually and |
16 |
| necessarily incurred in the performance of
his or her
official |
17 |
| duties. The board shall hear all petitions for review filed |
18 |
| under this
Act and shall conduct all hearings in accordance |
19 |
| with the rules and regulations
established by the chairperson. |
20 |
| The Illinois Housing Development Authority
shall provide space |
21 |
| and
clerical and other assistance that the Board may require.
|
22 |
| (c) (Blank).
The Illinois Housing Development Authority |
23 |
| may adopt such other rules
and regulations as it deems
|
24 |
| necessary and appropriate to carry out the Board's |
25 |
| responsibilities under this
Act and
to provide direction to |
26 |
| local governments and affordable housing developers.
|
27 |
| (Source: P.A. 93-595, eff. 1-1-04.)
|
28 |
| (310 ILCS 67/60 new) |
29 |
| Sec. 60. Rulemaking authority. The Illinois Housing |
30 |
| Development Authority shall adopt other rules and regulations |
31 |
| as needed to carry out the Board's responsibilities under this |
32 |
| Act and to provide direction to local governments and |
33 |
| affordable housing developers.
|
34 |
| Section 99. Effective date. This Act takes effect upon |