State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT concerning counties.

 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    Section 5-12001 as follows:

 6        (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
 7        Sec.   5-12001.  Authority   to   regulate  and  restrict
 8    location and use of structures.
 9        For 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
13    or  avoiding  the  hazards  to persons and damage to property
14    resulting from the accumulation or runoff of storm  or  flood
15    waters, the county board or board of county commissioners, as
16    the  case may be, of each county, has 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
23    outside the limits of cities, villages and incorporated towns
24    which  have  in effect municipal zoning ordinances; to divide
25    the entire county outside the limits of such cities, villages
26    and incorporated towns into districts of such number,  shape,
27    area  and  of such different classes, according to the use of
28    land and buildings, the  intensity  of  such  use  (including
29    height  of  buildings  and  structures  and  surrounding open
30    space) and other classification as may be deemed best  suited
31    to carry out the purposes of this Division; to prohibit uses,
                            -2-                LRB9208014TAtm
 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 corporate  authorities  of  the  county  may  by
10    ordinance  require  the  construction  of  fences  around  or
11    protective  covers  over  previously  constructed  artificial
12    basins  of  water  dug in the ground and used for swimming or
13    wading, which are located on private residential property and
14    intended for the  use  of  the  owner  and  guests.   In  all
15    ordinances  or resolutions passed under the authority of this
16    Division,  due  allowance  shall   be   made   for   existing
17    conditions,   the   conservation   of  property  values,  the
18    directions of building development to the best  advantage  of
19    the  entire county, and the uses to which property is devoted
20    at the time  of  the  enactment  of  any  such  ordinance  or
21    resolution.
22        The  powers by this Division given shall not be exercised
23    so as to deprive the owner of any existing  property  of  its
24    use  or  maintenance  for  the  purpose  to  which it is then
25    lawfully devoted, but provisions may  be  made  for  (i)  the
26    gradual  elimination  of  the uses of unimproved lands or lot
27    areas when the existing rights of the persons  in  possession
28    are terminated or when the uses to which they are devoted are
29    discontinued,  (ii)  the gradual elimination of uses to which
30    the  buildings  and  structures  are  devoted  if  they   are
31    adaptable   to   permitted   uses,   and  (iii)  the  gradual
32    elimination of the buildings and  structures  when  they  are
33    destroyed  or  damaged  in  major  part;  nor  shall  they be
34    exercised  so  as  to  impose  regulations,  eliminate  uses,
                            -3-                LRB9208014TAtm
 1    buildings, or structures, or require permits with respect  to
 2    land  used  for  agricultural  purposes,  which  includes the
 3    growing of farm crops, truck garden crops, animal and poultry
 4    husbandry, apiculture, aquaculture,  dairying,  floriculture,
 5    horticulture,  nurseries,  tree  farms, sod farms, pasturage,
 6    viticulture,   and   wholesale    greenhouses    when    such
 7    agricultural  purposes  constitute  the principal activity on
 8    the land, other than parcels of land consisting of less  than
 9    5  acres  from  which $1,000 or less of agricultural products
10    were sold in any calendar year in counties with a  population
11    between  300,000  and  400,000 or in counties contiguous to a
12    county with a population between  300,000  and  400,000,  and
13    other than parcels of land consisting of less than 5 acres in
14    counties  with  a  population  in  excess of 400,000, or with
15    respect to the  erection,  maintenance,  repair,  alteration,
16    remodeling or extension of buildings or structures used or to
17    be  used for agricultural purposes upon such land except that
18    such buildings or structures for agricultural purposes may be
19    required to  conform  to  building  or  set  back  lines  and
20    counties  may  establish a minimum lot size for residences on
21    land used for  agricultural  purposes;  nor  shall  any  such
22    powers  be  so  exercised as to prohibit the temporary use of
23    land for  the  installation,  maintenance  and  operation  of
24    facilities  used  by  contractors  in  the ordinary course of
25    construction activities, except that such facilities  may  be
26    required  to  be  located  not  less than 1,000 feet from any
27    building used for residential purposes, and except  that  the
28    period of such temporary use shall not exceed the duration of
29    the  construction contract; nor shall any such powers include
30    the right to specify or regulate the type or location of  any
31    poles,  towers,  wires, cables, conduits, vaults, laterals or
32    any other similar distributing equipment of a public  utility
33    as defined in the Public Utilities Act, if the public utility
34    is  subject  to the Messages Tax Act, the Gas Revenue Tax Act
                            -4-                LRB9208014TAtm
 1    or the Public Utilities Revenue Act, or if such facilities or
 2    equipment are located on any rights of way and are  used  for
 3    railroad  purposes,  nor  shall  any such powers be exercised
 4    with respect to uses, buildings, or structures  of  a  public
 5    utility as defined in the Public Utilities Act, nor shall any
 6    such powers be exercised in any respect as to the facilities,
 7    as  defined  in  Section  5-12001.1,  of a telecommunications
 8    carrier, as also defined therein, except to the extent and in
 9    the manner set forth in Section 5-12001.1.  As used  in  this
10    Act, "agricultural purposes" do not include the extraction of
11    sand,  gravel  or  limestone,  and  such  activities  may  be
12    regulated   by   county   zoning  ordinance  even  when  such
13    activities are related to an agricultural purpose.
14        Nothing in this Division shall be construed  to  restrict
15    the  powers  granted  by  statute  to  cities,  villages  and
16    incorporated  towns as to territory contiguous to but outside
17    of the limits  of  such  cities,  villages  and  incorporated
18    towns.  Any  zoning  ordinance  enacted by a city, village or
19    incorporated town shall supersede, with respect to  territory
20    within  the  corporate limits of the municipality, any county
21    zoning plan  otherwise  applicable.  The  powers  granted  to
22    counties  by this Division shall be treated as in addition to
23    powers conferred by statute to control or approve maps, plats
24    or subdivisions.  In this Division,  "agricultural  purposes"
25    include,   without   limitation,   the  growing,  developing,
26    processing, conditioning, or selling  of  hybrid  seed  corn,
27    seed beans, seed oats, or other farm seeds.
28        Nothing  in  this Division shall be construed to prohibit
29    the corporate  authorities  of  a  county  from  adopting  an
30    ordinance  that exempts pleasure driveways or park districts,
31    as defined in the Park District Code, with  a  population  of
32    greater  than  100,000,  from  the  exercise  of the county's
33    powers under this Division.
34    (Source: P.A. 89-654,  eff.  8-14-96;  90-261,  eff.  1-1-98;
                            -5-                LRB9208014TAtm
 1    90-522,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-661, eff.
 2    7-30-98.)

[ Top ]