Full Text of SB0382 95th General Assembly
SB0382sam001 95TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 3/20/2007
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| AMENDMENT TO SENATE BILL 382
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| AMENDMENT NO. ______. Amend Senate Bill 382 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| 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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| Sec. 11-13-1. To the end that adequate light, pure air, and | 8 |
| safety from
fire and other dangers may be secured, that the | 9 |
| taxable value of land and
buildings throughout the municipality | 10 |
| may be conserved, that congestion in
the public streets may be | 11 |
| lessened or avoided, that the hazards to persons
and damage to | 12 |
| property resulting from the accumulation or runoff of storm
or | 13 |
| flood waters may be lessened or avoided, and that the public | 14 |
| health,
safety, comfort, morals, and welfare may otherwise be | 15 |
| promoted, and to
insure and facilitate the preservation of | 16 |
| sites, areas, and structures of
historical, architectural and |
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| aesthetic importance; the corporate
authorities in each | 2 |
| municipality have the following powers:
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| (1) To regulate and limit the height and bulk of | 4 |
| buildings hereafter to
be erected; (2) to establish, | 5 |
| regulate and limit, subject to the provisions
of Division | 6 |
| 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 | 8 |
| floodwater runoff
channel or basin; (3) to regulate and | 9 |
| limit the intensity of the use of lot
areas, and to | 10 |
| regulate and determine the area of open spaces, within and
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| surrounding such buildings; (4) to classify, regulate and | 12 |
| restrict the
location of trades and industries and the | 13 |
| location of buildings designed
for specified industrial, | 14 |
| business, residential, and other uses; (5) to
divide the | 15 |
| entire municipality into districts of such number, shape, | 16 |
| area,
and of such different classes (according to use of | 17 |
| land and buildings,
height and bulk of buildings, intensity | 18 |
| of the use of lot area, area of
open spaces, or other | 19 |
| classification) as may be deemed best suited to carry
out | 20 |
| the purposes of this Division 13; (6) to fix standards to | 21 |
| which
buildings or structures therein shall conform; (7) to | 22 |
| prohibit uses,
buildings, or structures incompatible with | 23 |
| the character of such districts;
(8) to prevent additions | 24 |
| to and alteration or remodeling of existing
buildings or | 25 |
| 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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| classify,
to regulate and restrict the use of property on | 2 |
| the basis of family
relationship, which family | 3 |
| relationship may be defined as one or more
persons each | 4 |
| related to the other by blood, marriage or adoption and
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| maintaining a common household; (10) to regulate or forbid | 6 |
| any structure
or activity which may hinder access to solar | 7 |
| energy necessary for the proper
functioning of a solar | 8 |
| energy system, as defined in Section 1.2 of The
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| Comprehensive Solar Energy Act of 1977; and (11) to require | 10 |
| the creation and preservation of affordable housing, | 11 |
| including the power to provide increased density or other | 12 |
| zoning incentives to developers who are creating, | 13 |
| establishing, or preserving affordable housing ; and (12) | 14 |
| to establish local standards solely for the review of the | 15 |
| exterior design of buildings and structures, excluding | 16 |
| utility facilities and outdoor off-premises advertising | 17 |
| signs, and designate a board or commission to implement the | 18 |
| review process .
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| The powers enumerated may be exercised within the corporate | 20 |
| limits or
within contiguous territory not more than one and | 21 |
| one-half miles beyond the
corporate limits and not included | 22 |
| within any municipality. However, if any
municipality adopts a | 23 |
| plan pursuant to Division 12 of Article 11 which
plan includes | 24 |
| 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 | 26 |
| beyond the
corporate limits and not included in any |
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| municipality, then no other
municipality shall adopt a plan | 2 |
| that shall apply to any territory included
within the territory | 3 |
| provided in the plan first so adopted by another
municipality. | 4 |
| No municipality shall exercise any power set forth in this
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| Division 13 outside the corporate limits thereof, if the county | 6 |
| in which
such municipality is situated has adopted "An Act in | 7 |
| relation to county
zoning", approved June 12, 1935, as amended.
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| Nothing in this Section prevents a municipality of more than | 9 |
| 112,000
population located in a county of less than 185,000 | 10 |
| population that has adopted
a zoning ordinance and the county | 11 |
| that adopted the zoning ordinance from
entering into an | 12 |
| intergovernmental agreement that allows the municipality to
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| exercise its zoning powers beyond its territorial limits; | 14 |
| provided, however,
that the intergovernmental agreement must | 15 |
| be limited to the territory within
the municipality's planning | 16 |
| jurisdiction as defined by law or any existing
boundary | 17 |
| agreement. The county and the municipality must amend their
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| individual zoning maps in the same manner as other zoning | 19 |
| changes are
incorporated into revised zoning maps.
No such | 20 |
| intergovernmental agreement may authorize a municipality to | 21 |
| exercise
its zoning powers, other than powers that a county may | 22 |
| exercise under
Section 5-12001 of the Counties Code, with | 23 |
| respect to land used for
agricultural purposes. This amendatory | 24 |
| Act of the 92nd General Assembly is
declarative of existing | 25 |
| law.
No municipality may exercise any
power set forth in this | 26 |
| Division 13 outside the corporate limits of the
municipality |
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| with respect to a facility of a telecommunications carrier | 2 |
| defined
in Section 5-12001.1 of the Counties Code. | 3 |
| Notwithstanding any other provision of law to the contrary, | 4 |
| at least 30 days prior to commencing construction of a new | 5 |
| telecommunications facility within 1.5 miles of a | 6 |
| municipality, the telecommunications carrier constructing the | 7 |
| facility shall provide written notice of its intent to | 8 |
| construct the facility. The notice shall include, but not be | 9 |
| limited to, the following information: (i) the name, address, | 10 |
| and telephone number of the company responsible for the | 11 |
| construction of the facility and (ii) the address and telephone | 12 |
| number of the governmental entity that issued the building | 13 |
| permit for the telecommunications facility. The notice shall be | 14 |
| provided in person, by overnight private courier, or by | 15 |
| certified mail to all owners of property within 250 feet of the | 16 |
| parcel in which the telecommunications carrier has a leasehold | 17 |
| or ownership interest. For the purposes of this notice | 18 |
| requirement, "owners" means those persons or entities | 19 |
| identified from the authentic tax records of the county in | 20 |
| which the telecommunications facility is to be located. If, | 21 |
| after a bona fide effort by the telecommunications carrier to | 22 |
| determine the owner and his or her address, the owner of the | 23 |
| property on whom the notice must be served cannot be found at | 24 |
| the owner's last known address, or if the mailed notice is | 25 |
| returned because the owner cannot be found at the last known | 26 |
| address, the notice requirement of this paragraph is deemed |
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| satisfied. For the purposes of this paragraph, "facility" means | 2 |
| that term as it is defined in Section 5-12001.1 of the Counties | 3 |
| Code. | 4 |
| If a municipality adopts a
zoning plan covering an area | 5 |
| outside its corporate limits, the plan adopted
shall be | 6 |
| reasonable with respect to the area outside the corporate | 7 |
| limits
so that future development will not be hindered or | 8 |
| impaired; it is
reasonable for a municipality to regulate or | 9 |
| prohibit the extraction of
sand, gravel, or limestone even when | 10 |
| those activities are related to an
agricultural purpose. If all | 11 |
| or any part of the area outside the corporate
limits of a | 12 |
| municipality which has been zoned in accordance with the
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| provisions of this Division 13 is annexed to another | 14 |
| municipality or
municipalities, the annexing unit shall | 15 |
| thereafter exercise all zoning
powers and regulations over the | 16 |
| annexed area.
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| In all ordinances passed under the authority of this | 18 |
| Division 13, due
allowance shall be made for existing | 19 |
| conditions, the conservation of
property values, the direction | 20 |
| of building development to the best
advantage of the entire | 21 |
| municipality and the uses to which the property is
devoted at | 22 |
| 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 | 24 |
| deprive the
owner of any existing property of its use or | 25 |
| maintenance for the purpose to
which it is then lawfully | 26 |
| devoted, but provisions may be made for the
gradual elimination |
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| of uses, buildings and structures which are
incompatible with | 2 |
| the character of the districts in which they are made or
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| located, including, without being limited thereto, provisions | 4 |
| (a) for the
elimination of such uses of unimproved lands or lot | 5 |
| areas when the existing
rights of the persons in possession | 6 |
| thereof are terminated or when the uses
to which they are | 7 |
| devoted are discontinued; (b) for the elimination of uses
to | 8 |
| which such buildings and structures are devoted, if they are | 9 |
| adaptable
for permitted uses; and (c) for the elimination of | 10 |
| such buildings and
structures when they are destroyed or | 11 |
| damaged in major part, or when they
have reached the age fixed | 12 |
| by the corporate authorities of the municipality
as the normal | 13 |
| useful life of such buildings or structures.
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| This amendatory Act of 1971 does not apply to any | 15 |
| municipality which is
a home rule unit.
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| (Source: P.A. 93-698, eff. 7-9-04; 94-303, eff. 7-21-05.)".
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