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90_SB0263
55 ILCS 5/5-1064 from Ch. 34, par. 5-1065
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
70 ILCS 805/20 from Ch. 96 1/2, par. 6346
Amends the Downstate Forest District Act. Provides that
in a forest preserve district with boundaries encompassing 2
or more municipalities, the forest preserve district board
may elect to be governed by the zoning rules of the county in
which the district is located. Amends the Counties Code.
Provides that the county board or county commissioners may
create zoning classifications for a forest preserve district
located within the county if that district's board has
elected to be governed by the county's zoning rules. If the
district board has made this election, exempts the district
from the higher zoning standards enacted by municipalities.
Effective immediately.
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1 AN ACT concerning forest preserve districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 5-1064 and 5-12001 as follows:
6 (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
7 Sec. 5-1064. Buildings in certain counties of less than
8 1,000,000 population. The county board in any county with a
9 population not in excess of 1,000,000 located in the area
10 served by the Northeastern Illinois Metropolitan Area
11 Planning Commission may prescribe by resolution or ordinance
12 reasonable rules and regulations (a) governing the
13 construction and alteration of all buildings and structures
14 and parts and appurtenances thereof and governing the
15 maintenance thereof in a condition reasonably safe from the
16 hazards of fire, explosion, collapse, contagion and the
17 spread of infectious disease, but any such resolution or
18 ordinance shall be subject to any rule or regulation now or
19 hereafter adopted by the State Fire Marshal pursuant to the
20 Gasoline Storage Act "An Act to regulate the storage,
21 transportation, sale and use of gasoline and volatile oils",
22 approved June 28, 1919, as amended, (b) for prohibiting the
23 use for residential purposes of buildings and structures
24 already erected or moved into position which do not comply
25 with such rules and regulations, and (c) for the restraint,
26 correction and abatement of any violations. However, the
27 county shall exempt all municipalities located wholly or
28 partly within the county where the municipal building code is
29 equal to the county regulation and where the local
30 authorities are enforcing the municipal building code,
31 provided that the exemption shall not apply in cases
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1 involving the construction, alteration, and maintenance of
2 buildings and structures and parts and appurtenances thereof
3 of a forest preserve district where the district has, under
4 Section 20 of the Downstate Forest Preserve District Act,
5 passed an ordinance (either before, on, or after the
6 effective date of this amendatory Act of 1997) electing to be
7 governed by the rules and regulations prescribed by the
8 county board of the county in which the district is located.
9 Whenever a forest preserve district has made this election,
10 the rules and regulations prescribed by the county board
11 shall apply throughout the county to all forest preserve
12 district buildings and structures and parts and appurtenances
13 thereof, including buildings and structures and parts and
14 appurtenances thereof located within the corporate boundaries
15 of a municipality. Such rules and regulations shall be
16 applicable throughout the county but this Section shall not
17 be construed to prevent municipalities from establishing
18 higher standards, except in the case of a forest preserve
19 district as provided for in Section 20 of the Downstate
20 Forest Preserve District Act, nor shall such rules and
21 regulations apply to the construction or alteration of
22 buildings and structures used or to be used for agricultural
23 purposes and located upon a tract of land which is zoned and
24 used for agricultural purposes.
25 In the adoption of rules and regulations under this
26 Section the county board shall be governed by the publication
27 and posting requirements set out in Section 5-1063.
28 Violation of any rule or regulation adopted pursuant to
29 this Section shall be deemed a petty offense.
30 All rules and regulations enacted by resolution or
31 ordinance under the provisions of this Section shall be
32 enforced by such officer of the county as may be designated
33 by resolution of the county board.
34 (Source: P.A. 86-962.)
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1 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
2 Sec. 5-12001. Authority to regulate and restrict
3 location and use of structures. For the purpose of promoting
4 the public health, safety, morals, comfort and general
5 welfare, conserving the values of property throughout the
6 county, lessening or avoiding congestion in the public
7 streets and highways, and lessening or avoiding the hazards
8 to persons and damage to property resulting from the
9 accumulation or runoff of storm or flood waters, the county
10 board or board of county commissioners, as the case may be,
11 of each county, shall have the power to regulate and restrict
12 the location and use of buildings, structures and land for
13 trade, industry, residence and other uses which may be
14 specified by such board, to regulate and restrict the
15 intensity of such uses, to establish building or setback
16 lines on or along any street, trafficway, drive, parkway or
17 storm or floodwater runoff channel or basin (i) outside the
18 limits of cities, villages and incorporated towns which have
19 in effect municipal zoning ordinances and (ii) within the
20 limits of cities, villages, and incorporated towns with
21 respect to property of a forest preserve district when the
22 district has, under Section 20 of the Downstate Forest
23 Preserve District Act, passed an ordinance (either before,
24 on, or after the effective date of this amendatory Act of
25 1997) electing to be governed by the zoning rules and
26 regulations prescribed by the county board of the county in
27 which the district is located; to divide the entire county
28 outside the limits of such cities, villages and incorporated
29 towns into districts of such number, shape, area and of such
30 different classes, according to the use of land and
31 buildings, the intensity of such use (including height of
32 buildings and structures and surrounding open space) and
33 other classification as may be deemed best suited to carry
34 out the purposes of this Division; to prohibit uses,
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1 buildings or structures incompatible with the character of
2 such districts respectively; and to prevent additions to and
3 alteration or remodeling of existing buildings or structures
4 in such a way as to avoid the restrictions and limitations
5 lawfully imposed hereunder: Provided, that permits with
6 respect to the erection, maintenance, repair, alteration,
7 remodeling or extension of buildings or structures used or to
8 be used for agricultural purposes shall be issued free of any
9 charge. The county board or board of county commissioners
10 shall also have the power to create classifications for the
11 property of a forest preserve district that is located within
12 the limits of a city, village, or incorporated town to the
13 same extent as other forest preserve district property
14 located outside the limits of cities, villages, or
15 incorporated towns. The corporate authorities of the county
16 may by ordinance require the construction of fences around or
17 protective covers over previously constructed artificial
18 basins of water dug in the ground and used for swimming or
19 wading, which are located on private residential property and
20 intended for the use of the owner and guests. In all
21 ordinances or resolutions passed under the authority of this
22 Division, due allowance shall be made for existing
23 conditions, the conservation of property values, the
24 directions of building development to the best advantage of
25 the entire county, and the uses to which property is devoted
26 at the time of the enactment of any such ordinance or
27 resolution.
28 The powers by this Division given shall not be exercised
29 so as to deprive the owner of any existing property of its
30 use or maintenance for the purpose to which it is then
31 lawfully devoted; nor shall they be exercised so as to impose
32 regulations or require permits with respect to land used or
33 to be used for agricultural purposes, other than parcels of
34 land consisting of less than 5 acres from which $1,000 or
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1 less of agricultural products were sold in any calendar year
2 in counties with a population between 300,000 and 400,000 or
3 in counties contiguous to a county with a population between
4 300,000 and 400,000, and other than parcels of land
5 consisting of less than 5 acres in counties with a population
6 in excess of 400,000, or with respect to the erection,
7 maintenance, repair, alteration, remodeling or extension of
8 buildings or structures used or to be used for agricultural
9 purposes upon such land except that such buildings or
10 structures for agricultural purposes may be required to
11 conform to building or set back lines; nor shall any such
12 powers be so exercised as to prohibit the temporary use of
13 land for the installation, maintenance and operation of
14 facilities used by contractors in the ordinary course of
15 construction activities, except that such facilities may be
16 required to be located not less than 1,000 feet from any
17 building used for residential purposes, and except that the
18 period of such temporary use shall not exceed the duration of
19 the construction contract; nor shall any such powers include
20 the right to specify or regulate the type or location of any
21 poles, towers, wires, cables, conduits, vaults, laterals or
22 any other similar distributing equipment of a public utility
23 as defined in The Public utilities Act, if the public utility
24 is subject to The Messages Tax Act, The Gas Revenue Tax Act
25 or The Public Utilities Revenue Act, or if such facilities or
26 equipment are located on any rights of way and are used for
27 railroad purposes. As used in this Act, "agricultural
28 purposes" do not include the extraction of sand, gravel or
29 limestone, and such activities may be regulated by county
30 zoning ordinance even when such activities are related to an
31 agricultural purpose.
32 Nothing in this Division shall be construed to restrict
33 the powers granted by statute to cities, villages and
34 incorporated towns as to territory contiguous to but outside
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1 of the limits of such cities, villages and incorporated
2 towns, except in the case of property of a forest preserve
3 district as provided for in Section 20 of the Downstate
4 Forest Preserve District Act. Any zoning ordinance enacted
5 by a city, village or incorporated town shall supersede, with
6 respect to territory within the corporate limits of the
7 municipality, any county zoning plan otherwise applicable,
8 except in the case of property of a forest preserve district
9 as provided for in Section 20 of the Downstate Forest
10 Preserve District Act. The powers granted to counties by
11 this Division shall be treated as in addition to powers
12 conferred by statute to control or approve maps, plats or
13 subdivisions. In this Division, "agricultural purposes"
14 include, without limitation, the growing, developing,
15 processing, conditioning, or selling of hybrid seed corn,
16 seed beans, seed oats, or other farm seeds.
17 Nothing in this Division shall be construed to prohibit
18 the corporate authorities of a county from adopting an
19 ordinance that exempts pleasure driveways or park districts,
20 as defined in the Park District Code, with a population of
21 greater than 100,000, from the exercise of the county's
22 powers under this Division.
23 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)
24 Section 10. The Downstate Forest Preserve District Act
25 is amended by changing Section 20 as follows:
26 (70 ILCS 805/20) (from Ch. 96 1/2, par. 6346)
27 Sec. 20. The board of commissioners of any forest
28 preserve district whose boundaries encompass 2 or more
29 municipalities may elect to be governed by the zoning rules
30 and regulations and the all rules and regulations governing
31 the construction and alteration of all buildings and
32 structures and parts and appurtenances thereof as adopted by
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1 the county board of the county in which the district is
2 located. The election to be governed by all such rules and
3 regulations shall be made by adopting an ordinance to that
4 effect. Within 30 days of adoption of said ordinance the
5 forest preserve district shall notify each affected
6 municipality by certified copy of said ordinance of its
7 decision to be governed by the county's rules and regulations
8 in such matters. The effective date of such ordinance shall
9 be 60 days following its passage and approval by the board of
10 commissioners.
11 (Source: P.A. 84-1333.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.