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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | |||||||||||||||||||
5 | 5-12001 as follows:
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6 | (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
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7 | Sec. 5-12001. Authority to regulate and restrict location | |||||||||||||||||||
8 | and use of
structures.
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9 | For the
the purpose of promoting the public health, safety, | |||||||||||||||||||
10 | morals,
comfort and general welfare, conserving the values of | |||||||||||||||||||
11 | property throughout the
county, lessening or avoiding | |||||||||||||||||||
12 | congestion in the public streets and
highways, and lessening or | |||||||||||||||||||
13 | avoiding the hazards to persons and damage to
property | |||||||||||||||||||
14 | resulting from the accumulation or runoff of storm or flood
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15 | waters, the county board or board of county commissioners, as | |||||||||||||||||||
16 | the
case may be, of each county, shall have the power to | |||||||||||||||||||
17 | regulate and restrict
the location and use of buildings, | |||||||||||||||||||
18 | structures and land for trade, industry,
residence and other | |||||||||||||||||||
19 | uses which may be specified by such board, to regulate
and | |||||||||||||||||||
20 | restrict the intensity of such uses, to establish building or | |||||||||||||||||||
21 | setback
lines on or along any street, trafficway, drive, | |||||||||||||||||||
22 | parkway or storm or
floodwater runoff channel or basin outside | |||||||||||||||||||
23 | the limits of cities, villages
and incorporated towns which |
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1 | have in effect municipal zoning ordinances; to
divide the | ||||||
2 | entire county outside the limits of such cities, villages and
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3 | incorporated towns into districts of such number, shape, area | ||||||
4 | and of such
different classes, according to the use of land and | ||||||
5 | buildings, the
intensity of such use (including height of | ||||||
6 | buildings and structures and
surrounding open space) and other | ||||||
7 | classification as may be deemed best
suited to carry out the | ||||||
8 | purposes of this Division; to prohibit uses, buildings
or | ||||||
9 | structures incompatible with the character of such districts
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10 | respectively; and to prevent additions to and alteration or | ||||||
11 | remodeling of
existing buildings or structures in such a way as | ||||||
12 | to avoid the restrictions
and limitations lawfully imposed | ||||||
13 | hereunder: Provided, that permits with
respect to the erection, | ||||||
14 | maintenance, repair, alteration, remodeling or
extension of | ||||||
15 | buildings or structures used or to be used for agricultural
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16 | purposes shall be issued free of any charge. The corporate | ||||||
17 | authorities
of the county may by ordinance require the | ||||||
18 | construction of fences around
or protective covers over | ||||||
19 | previously constructed artificial basins of water
dug in the | ||||||
20 | ground and
used for swimming or wading, which are located on | ||||||
21 | private residential
property and intended for the use of the | ||||||
22 | owner and guests. In all ordinances or
resolutions passed under | ||||||
23 | the authority of this Division, due allowance
shall be made for | ||||||
24 | existing conditions, the conservation of property values,
the | ||||||
25 | directions of building development to the best advantage of the | ||||||
26 | entire
county, and the uses to which property is devoted at the |
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1 | time of the
enactment of any such ordinance or resolution. | ||||||
2 | The powers by this Division given shall not be exercised so | ||||||
3 | as to deprive the
owner of any existing property of its use or | ||||||
4 | maintenance for the purpose to
which it is then lawfully | ||||||
5 | devoted, but provisions may be made for (i) the
gradual | ||||||
6 | elimination of the uses of unimproved lands or lot areas when | ||||||
7 | the
existing
rights of the persons in possession are terminated | ||||||
8 | or when the uses
to which they are devoted are discontinued, | ||||||
9 | (ii) the gradual elimination of
uses
to which the buildings and | ||||||
10 | structures are devoted if they are adaptable
to permitted uses, | ||||||
11 | and (iii) the gradual elimination of the buildings and
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12 | structures when they are destroyed or damaged in major part; | ||||||
13 | nor
shall they be exercised so as to
impose regulations, | ||||||
14 | eliminate uses, buildings, or structures, or require
permits | ||||||
15 | with respect to land
used for agricultural purposes,
which | ||||||
16 | includes the growing of farm crops, truck garden crops, animal | ||||||
17 | and
poultry
husbandry, apiculture, aquaculture, dairying, | ||||||
18 | floriculture, horticulture,
nurseries, tree
farms, sod farms, | ||||||
19 | pasturage, viticulture, and wholesale greenhouses when such
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20 | agricultural purposes constitute the principal activity on the | ||||||
21 | land,
other than parcels of land consisting of
less than 5 | ||||||
22 | acres from which $1,000 or less of agricultural products were
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23 | sold in any calendar year in counties with a population between | ||||||
24 | 300,000 and
400,000 or in counties contiguous to a county with | ||||||
25 | a population between 300,000
and 400,000, and other than | ||||||
26 | parcels of land consisting of less than 5 acres in
counties |
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1 | with a population in excess of 400,000,
or with respect to the | ||||||
2 | erection,
maintenance, repair, alteration, remodeling or | ||||||
3 | extension of buildings or
structures used or to be used for | ||||||
4 | agricultural purposes upon such land
except that such buildings | ||||||
5 | or structures for agricultural purposes may be
required to | ||||||
6 | conform to building or set back lines
and counties may | ||||||
7 | establish a minimum lot size for residences on land used for
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8 | agricultural purposes; nor shall any such
powers be so | ||||||
9 | exercised as to prohibit the temporary use of land for the
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10 | installation, maintenance and operation of facilities used by | ||||||
11 | contractors
in the ordinary course of construction activities, | ||||||
12 | except that such
facilities may be required to be located not | ||||||
13 | less than 1,000 feet from any
building used for residential | ||||||
14 | purposes, and except that the period of such
temporary use | ||||||
15 | shall not exceed the duration of the construction contract;
nor | ||||||
16 | shall any such powers include the right to specify or regulate | ||||||
17 | the type
or location of any poles, towers, wires, cables, | ||||||
18 | conduits, vaults, laterals
or any other similar distributing | ||||||
19 | equipment of a public utility as defined in
the Public | ||||||
20 | Utilities Act, if the public utility
is subject to the Messages | ||||||
21 | Tax Act, the Gas Revenue Tax Act or the Public
Utilities | ||||||
22 | Revenue Act, or if such facilities or equipment are located on
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23 | any rights of way and are used for railroad purposes, nor shall | ||||||
24 | any such
powers be exercised with respect to uses, buildings, | ||||||
25 | or structures of a public
utility as defined in the Public | ||||||
26 | Utilities Act, nor shall any such
powers be exercised in any |
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1 | respect as to the facilities, as defined in Section
5-12001.1, | ||||||
2 | of a telecommunications carrier, as also defined therein, | ||||||
3 | except to
the extent and in the manner set forth in Section | ||||||
4 | 5-12001.1. As used in this
Act, "agricultural purposes" do not | ||||||
5 | include the extraction of sand, gravel
or limestone, and such | ||||||
6 | activities may be regulated by county zoning
ordinance even | ||||||
7 | when such activities are related to an agricultural purpose.
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8 | Nothing in this Division shall be construed to restrict the | ||||||
9 | powers granted by
statute to cities, villages and incorporated | ||||||
10 | towns as to territory
contiguous to but outside of the limits | ||||||
11 | of such cities, villages and
incorporated towns. Any zoning | ||||||
12 | ordinance enacted by a city, village or
incorporated town shall | ||||||
13 | supersede, with respect to territory within the
corporate | ||||||
14 | limits of the municipality, any county zoning plan otherwise
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15 | applicable. The powers granted to counties by this Division | ||||||
16 | shall be treated
as in addition to powers conferred by statute | ||||||
17 | to control or approve maps,
plats or subdivisions. In this | ||||||
18 | Division, "agricultural purposes"
include, without limitation, | ||||||
19 | the growing, developing, processing,
conditioning, or selling | ||||||
20 | of hybrid seed corn, seed beans, seed oats, or
other farm | ||||||
21 | seeds.
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22 | Nothing in this Division shall be construed to prohibit the | ||||||
23 | corporate
authorities of a county from adopting an ordinance | ||||||
24 | that exempts pleasure
driveways or park districts, as defined | ||||||
25 | in the Park District Code, with a
population of greater than | ||||||
26 | 100,000, from the exercise of the county's powers
under this |
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1 | Division.
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2 | The powers granted by this Division may be used to require | ||||||
3 | the creation and preservation of affordable housing, including | ||||||
4 | the power to provide increased density or other zoning | ||||||
5 | incentives to developers who are creating, establishing, or | ||||||
6 | preserving affordable housing.
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7 | (Source: P.A. 94-303, eff. 7-21-05.)
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