Illinois General Assembly - Full Text of SB2160
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Full Text of SB2160  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. David Koehler


55 ILCS 5/5-12009.6 new
65 ILCS 5/11-13-1  from Ch. 24, par. 11-13-1
65 ILCS 5/11-13-1.1  from Ch. 24, par. 11-13-1.1

    Amends the Counties Code. Provides that if a municipality approves a special use permit for a facility regulated under the Livestock Management Facilities Act located within 1.5 miles of the border of the municipality, the parameters of the special use permit supersede the zoning powers of the county for that property. States that the provisions shall not be construed as to prevent a county from zoning property for any other agricultural use allowed under the Counties Code. Limits home rule powers. Amends the Illinois Municipal Code. Provides that facilities permitted under the Livestock Management Facilities Act may be permitted as a special use by the corporate authorities of a municipality and such special uses may be part of specified intergovernmental agreements.

LRB103 27338 RLC 53709 b





SB2160LRB103 27338 RLC 53709 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Section
55-12009.6 as follows:
6    (55 ILCS 5/5-12009.6 new)
7    Sec. 5-12009.6. Municipal special use permits relating to
8facilities under the Livestock Management Facilities Act.
9    (a) If a municipality approves a special use permit for a
10facility regulated under the Livestock Management Facilities
11Act located within 1.5 miles of the border of the
12municipality, the parameters of the special use permit
13supersede the zoning powers of the county for that property.
14This subsection shall not be construed as to prevent a county
15from zoning property for any other agricultural use allowed
16under this Code.
17    (b) A home rule county may not regulate property in a
18manner inconsistent with this Section. This Section is a
19limitation under subsection (i) of Section 6 of Article VII of
20the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22    Section 10. The Illinois Municipal Code is amended by



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1changing Sections 11-13-1 and 11-13-1.1 as follows:
2    (65 ILCS 5/11-13-1)  (from Ch. 24, par. 11-13-1)
3    Sec. 11-13-1. To the end that adequate light, pure air,
4and safety from fire and other dangers may be secured, that the
5taxable value of land and buildings throughout the
6municipality may be conserved, that congestion in the public
7streets may be lessened or avoided, that the hazards to
8persons and damage to property resulting from the accumulation
9or runoff of storm or flood waters may be lessened or avoided,
10and that the public health, safety, comfort, morals, and
11welfare may otherwise be promoted, and to insure and
12facilitate the preservation of sites, areas, and structures of
13historical, architectural and aesthetic importance; the
14corporate authorities in each municipality have the following
16        (1) to regulate and limit the height and bulk of
17    buildings hereafter to be erected;
18        (2) to establish, regulate and limit, subject to the
19    provisions of Division 14 of this Article 11, the building
20    or set-back lines on or along any street, traffic-way,
21    drive, parkway or storm or floodwater runoff channel or
22    basin;
23        (3) to regulate and limit the intensity of the use of
24    lot areas, and to regulate and determine the area of open
25    spaces, within and surrounding such buildings;



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1        (4) to classify, regulate and restrict the location of
2    trades and industries and the location of buildings
3    designed for specified industrial, business, residential,
4    and other uses;
5        (5) to divide the entire municipality into districts
6    of such number, shape, area, and of such different classes
7    (according to use of land and buildings, height and bulk
8    of buildings, intensity of the use of lot area, area of
9    open spaces, or other classification) as may be deemed
10    best suited to carry out the purposes of this Division 13;
11        (6) to fix standards to which buildings or structures
12    therein shall conform;
13        (7) to prohibit uses, buildings, or structures
14    incompatible with the character of such districts;
15        (8) to prevent additions to and alteration or
16    remodeling of existing buildings or structures in such a
17    way as to avoid the restrictions and limitations lawfully
18    imposed under this Division 13;
19        (9) to classify, to regulate and restrict the use of
20    property on the basis of family relationship, which family
21    relationship may be defined as one or more persons each
22    related to the other by blood, marriage or adoption and
23    maintaining a common household;
24        (10) to regulate or forbid any structure or activity
25    which may hinder access to solar energy necessary for the
26    proper functioning of a solar energy system, as defined in



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1    Section 1.2 of the Comprehensive Solar Energy Act of 1977;
2        (11) to require the creation and preservation of
3    affordable housing, including the power to provide
4    increased density or other zoning incentives to developers
5    who are creating, establishing, or preserving affordable
6    housing; and
7        (12) to establish local standards solely for the
8    review of the exterior design of buildings and structures,
9    excluding utility facilities and outdoor off-premises
10    advertising signs, and designate a board or commission to
11    implement the review process; except that, other than
12    reasonable restrictions as to size, no home rule or
13    non-home rule municipality may prohibit the display of
14    outdoor political campaign signs on residential property
15    during any period of time, the regulation of these signs
16    being a power and function of the State and, therefor,
17    this item (12) is a denial and limitation of concurrent
18    home rule powers and functions under subsection (i) of
19    Section 6 of Article VII of the Illinois Constitution.
20    The powers enumerated may be exercised within the
21corporate limits or within contiguous territory not more than
22one and one-half miles beyond the corporate limits and not
23included within any municipality. However, if any municipality
24adopts a plan pursuant to Division 12 of Article 11 which plan
25includes in its provisions a provision that the plan applies
26to such contiguous territory not more than one and one-half



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1miles beyond the corporate limits and not included in any
2municipality, then no other municipality shall adopt a plan
3that shall apply to any territory included within the
4territory provided in the plan first so adopted by another
5municipality. No municipality shall exercise any power set
6forth in this Division 13 outside the corporate limits
7thereof, if the county in which such municipality is situated
8has adopted "An Act in relation to county zoning", approved
9June 12, 1935, as amended. Nothing in this Section prevents a
10municipality of more than 112,000 population located in a
11county of less than 185,000 population that has adopted a
12zoning ordinance and the county that adopted the zoning
13ordinance from entering into an intergovernmental agreement
14that allows the municipality to exercise its zoning powers
15beyond its territorial limits; provided, however, that the
16intergovernmental agreement must be limited to the territory
17within the municipality's planning jurisdiction as defined by
18law or any existing boundary agreement. The county and the
19municipality must amend their individual zoning maps in the
20same manner as other zoning changes are incorporated into
21revised zoning maps. No such intergovernmental agreement may
22authorize a municipality to exercise its zoning powers, other
23than powers that a county may exercise under Section 5-12001
24of the Counties Code, with respect to land used for
25agricultural purposes, except to allow special uses for
26facilities permitted under the Livestock Management Facilities



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1Act as provided in Section 11-13-1.1 of this Code. This
2amendatory Act of the 92nd General Assembly is declarative of
3existing law. No municipality may exercise any power set forth
4in this Division 13 outside the corporate limits of the
5municipality with respect to a facility of a
6telecommunications carrier defined in Section 5-12001.1 of the
7Counties Code.
8    Notwithstanding any other provision of law to the
9contrary, 30 days prior to the issuance of any permits for a
10new telecommunications facility within 1.5 miles of a
11municipality, the telecommunications carrier constructing the
12facility shall provide written notice of its intent to
13construct the facility. The notice shall include, but not be
14limited to, the following information: (i) the name, address,
15and telephone number of the company responsible for the
16construction of the facility, (ii) the address and telephone
17number of the governmental entity that is to issue the
18building permit for the telecommunications facility, (iii) a
19site plan and site map of sufficient specificity to indicate
20both the location of the parcel where the telecommunications
21facility is to be constructed and the location of all the
22telecommunications facilities within that parcel, and (iv) the
23property index number and common address of the parcel where
24the telecommunications facility is to be located. The notice
25shall not contain any material that appears to be an
26advertisement for the telecommunications carrier or any



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1services provided by the telecommunications carrier. The
2notice shall be provided in person, by overnight private
3courier, or by certified mail to all owners of property within
4250 feet of the parcel in which the telecommunications carrier
5has a leasehold or ownership interest. For the purposes of
6this notice requirement, "owners" means those persons or
7entities identified from the authentic tax records of the
8county in which the telecommunications facility is to be
9located. If, after a bona fide effort by the
10telecommunications carrier to determine the owner and his or
11her address, the owner of the property on whom the notice must
12be served cannot be found at the owner's last known address, or
13if the mailed notice is returned because the owner cannot be
14found at the last known address, the notice requirement of
15this paragraph is deemed satisfied. For the purposes of this
16paragraph, "facility" means that term as it is defined in
17Section 5-12001.1 of the Counties Code.
18    If a municipality adopts a zoning plan covering an area
19outside its corporate limits, the plan adopted shall be
20reasonable with respect to the area outside the corporate
21limits so that future development will not be hindered or
22impaired; it is reasonable for a municipality to regulate or
23prohibit the extraction of sand, gravel, or limestone even
24when those activities are related to an agricultural purpose.
25If all or any part of the area outside the corporate limits of
26a municipality which has been zoned in accordance with the



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1provisions of this Division 13 is annexed to another
2municipality or municipalities, the annexing unit shall
3thereafter exercise all zoning powers and regulations over the
4annexed area.
5    In all ordinances passed under the authority of this
6Division 13, due allowance shall be made for existing
7conditions, the conservation of property values, the direction
8of building development to the best advantage of the entire
9municipality and the uses to which the property is devoted at
10the time of the enactment of such an ordinance. The powers
11conferred by this Division 13 shall not be exercised so as to
12deprive the owner of any existing property of its use or
13maintenance for the purpose to which it is then lawfully
14devoted, but provisions may be made for the gradual
15elimination of uses, buildings and structures which are
16incompatible with the character of the districts in which they
17are made or located, including, without being limited thereto,
18provisions (a) for the elimination of such uses of unimproved
19lands or lot areas when the existing rights of the persons in
20possession thereof are terminated or when the uses to which
21they are devoted are discontinued; (b) for the elimination of
22uses to which such buildings and structures are devoted, if
23they are adaptable for permitted uses; and (c) for the
24elimination of such buildings and structures when they are
25destroyed or damaged in major part, or when they have reached
26the age fixed by the corporate authorities of the municipality



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1as the normal useful life of such buildings or structures.
2    This amendatory Act of 1971 does not apply to any
3municipality which is a home rule unit, except as provided in
4item (12).
5(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
6    (65 ILCS 5/11-13-1.1)  (from Ch. 24, par. 11-13-1.1)
7    Sec. 11-13-1.1. The corporate authorities of any
8municipality may in its ordinances passed under the authority
9of this Division 13 provide for the classification of special
10uses. Such uses may include but are not limited to public and
11quasi-public uses affected with the public interest,
12facilities permitted under the Livestock Management Facilities
13Act, uses which may have a unique, special or unusual impact
14upon the use or enjoyment of neighboring property, and planned
15developments. A use may be a permitted use in one or more
16zoning districts, and a special use in one or more other zoning
17districts. A special use shall be permitted only after a
18public hearing before some commission or committee designated
19by the corporate authorities, with prior notice thereof given
20in the manner as provided in Section 11-13-6 and 11-13-7. Any
21notice required by this Section need not include a metes and
22bounds legal description of the area classified for special
23uses, provided that the notice includes: (i) the common street
24address or addresses and (ii) the property index number
25("PIN") or numbers of all the parcels of real property



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1contained in the area classified for special uses. A special
2use shall be permitted only upon evidence that such use meets
3standards established for such classification in the
4ordinances, and the granting of permission therefor may be
5subject to conditions reasonably necessary to meet such
6standards. In addition, any proposed special use which fails
7to receive the approval of the commission or committee
8designated by the corporate authorities to hold the public
9hearing shall not be approved by the corporate authorities
10except by a favorable majority vote of all alderpersons,
11commissioners or trustees of the municipality then holding
12office; however, the corporate authorities may by ordinance
13increase the vote requirement to two-thirds of all
14alderpersons, commissioners or trustees of the municipality
15then holding office.
16(Source: P.A. 102-15, eff. 6-17-21.)