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90_HB3157
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
Amends the Counties Code concerning the authority to
regulate the location and use of structures. Provides that a
county board may regulate a livestock management facility or
a livestock waste handling facility raising or serving in
total confinement more than 500 animal units as these terms
are defined by the Livestock Management Facilities Act.
Makes a technical change. Effective immediately.
LRB9010398PTmb
LRB9010398PTmb
1 AN ACT to amend the Counties Code by changing Section
2 5-12001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12001 as follows:
7 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
8 Sec. 5-12001. Authority to regulate and restrict
9 location and use of structures.
10 (a) For the purpose of promoting the public health,
11 safety, morals, comfort and general welfare, conserving the
12 values of property throughout the county, lessening or
13 avoiding congestion in the public streets and highways, and
14 lessening or avoiding the hazards to persons and damage to
15 property resulting from the accumulation or runoff of storm
16 or flood waters, the county board or board of county
17 commissioners, as the case may be, of each county, shall have
18 the power to regulate and restrict the location and use of
19 buildings, structures and land for trade, industry, residence
20 and other uses which may be specified by such board, to
21 regulate and restrict the intensity of such uses, to
22 establish building or setback lines on or along any street,
23 trafficway, drive, parkway or storm or floodwater runoff
24 channel or basin outside the limits of cities, villages and
25 incorporated towns which have in effect municipal zoning
26 ordinances; to divide the entire county outside the limits of
27 such cities, villages and incorporated towns into districts
28 of such number, shape, area and of such different classes,
29 according to the use of land and buildings, the intensity of
30 such use (including height of buildings and structures and
31 surrounding open space) and other classification as may be
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1 deemed best suited to carry out the purposes of this
2 Division; to prohibit uses, buildings or structures
3 incompatible with the character of such districts
4 respectively; and to prevent additions to and alteration or
5 remodeling of existing buildings or structures in such a way
6 as to avoid the restrictions and limitations lawfully imposed
7 hereunder: Provided, that permits with respect to the
8 erection, maintenance, repair, alteration, remodeling or
9 extension of buildings or structures used or to be used for
10 agricultural purposes shall be issued free of any charge.
11 The corporate authorities of the county may by ordinance
12 require the construction of fences around or protective
13 covers over previously constructed artificial basins of water
14 dug in the ground and used for swimming or wading, which are
15 located on private residential property and intended for the
16 use of the owner and guests. In all ordinances or
17 resolutions passed under the authority of this Division, due
18 allowance shall be made for existing conditions, the
19 conservation of property values, the directions of building
20 development to the best advantage of the entire county, and
21 the uses to which property is devoted at the time of the
22 enactment of any such ordinance or resolution.
23 (b) The powers by this Division given shall:
24 (1) not be exercised so as to deprive the owner of
25 any existing property of its use or maintenance for the
26 purpose to which it is then lawfully devoted;
27 (2) nor shall they be exercised so as to impose
28 regulations or require permits with respect to land used
29 for agricultural purposes, which includes the growing of
30 farm crops, truck garden crops, animal and poultry
31 husbandry, apiculture, aquaculture, dairying,
32 floriculture, horticulture, nurseries, tree farms, sod
33 farms, pasturage, viticulture, and wholesale greenhouses
34 when such agricultural purposes constitute the principal
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1 activity on the land, other than parcels of land
2 consisting of less than 5 acres from which $1,000 or less
3 of agricultural products were sold in any calendar year
4 in counties with a population between 300,000 and 400,000
5 or in counties contiguous to a county with a population
6 between 300,000 and 400,000, and other than parcels of
7 land consisting of less than 5 acres in counties with a
8 population in excess of 400,000, or with respect to the
9 erection, maintenance, repair, alteration, remodeling or
10 extension of buildings or structures used or to be used
11 for agricultural purposes upon such land except that such
12 buildings or structures for agricultural purposes may be
13 required to conform to building or set back lines and
14 counties may establish a minimum lot size for residences
15 on land used for agricultural purposes;
16 (A) In this Division, "agricultural purposes"
17 include, without limitation, the growing,
18 developing, processing, conditioning, or selling of
19 hybrid seed corn, seed beans, seed oats, or other
20 farm seeds.
21 (B) As used in this Act, "agricultural
22 purposes" do not include (i) the extraction of sand,
23 gravel, or limestone or (ii) the raising or serving
24 in total confinement of more than 500 animal units
25 by a livestock management facility or livestock
26 waste handling facility as these terms are defined
27 respectively in Sections 10.10, 10.30, and 10.40 of
28 the Livestock Management Facilities Act; and these
29 activities may be regulated by county zoning
30 ordinance even when the activities are related to an
31 agricultural purpose.
32 (3) nor shall any such powers be so exercised as to
33 prohibit the temporary use of land for the installation,
34 maintenance and operation of facilities used by
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1 contractors in the ordinary course of construction
2 activities, except that such facilities may be required
3 to be located not less than 1,000 feet from any building
4 used for residential purposes, and except that the period
5 of such temporary use shall not exceed the duration of
6 the construction contract;
7 (4) nor shall any such powers include the right to
8 specify or regulate the type or location of any poles,
9 towers, wires, cables, conduits, vaults, laterals or any
10 other similar distributing equipment of a public utility
11 as defined in the Public utilities Act, if the public
12 utility is subject to the Messages Tax Act, the Gas
13 Revenue Tax Act or the Public Utilities Revenue Act, or
14 if such facilities or equipment are located on any rights
15 of way and are used for railroad purposes, nor shall any
16 such powers be exercised in any respect as to the
17 facilities, as defined in Section 5-12001.1, of a
18 telecommunications carrier, as also defined therein,
19 except to the extent and in the manner set forth in
20 Section 5-12001.1. As used in this Act, "agricultural
21 purposes" do not include the extraction of sand, gravel
22 or limestone, and such activities may be regulated by
23 county zoning ordinance even when such activities are
24 related to an agricultural purpose.
25 (c) Nothing in this Division shall be construed to
26 restrict the powers granted by statute to cities, villages
27 and incorporated towns as to territory contiguous to but
28 outside of the limits of such cities, villages and
29 incorporated towns. Any zoning ordinance enacted by a city,
30 village or incorporated town shall supersede, with respect to
31 territory within the corporate limits of the municipality,
32 any county zoning plan otherwise applicable. The powers
33 granted to counties by this Division shall be treated as in
34 addition to powers conferred by statute to control or approve
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1 maps, plats or subdivisions.
2 In this Division, "agricultural purposes" include,
3 without limitation, the growing, developing, processing,
4 conditioning, or selling of hybrid seed corn, seed beans,
5 seed oats, or other farm seeds.
6 Nothing in this Division shall be construed to prohibit
7 the corporate authorities of a county from adopting an
8 ordinance that exempts pleasure driveways or park districts,
9 as defined in the Park District Code, with a population of
10 greater than 100,000, from the exercise of the county's
11 powers under this Division.
12 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
13 90-522, eff. 1-1-98; revised 11-4-97.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.