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Public Act 095-0475
Public Act 0475 95TH GENERAL ASSEMBLY
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Public Act 095-0475 |
SB0382 Enrolled |
LRB095 06569 HLH 28956 b |
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| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Municipal Code is amended by | changing Section 11-13-1 as follows:
| (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
| Sec. 11-13-1. To the end that adequate light, pure air, and | safety from
fire and other dangers may be secured, that the | taxable value of land and
buildings throughout the municipality | may be conserved, that congestion in
the public streets may be | lessened or avoided, that the hazards to persons
and damage to | property resulting from the accumulation or runoff of storm
or | flood waters may be lessened or avoided, and that the public | health,
safety, comfort, morals, and welfare may otherwise be | promoted, and to
insure and facilitate the preservation of | sites, areas, and structures of
historical, architectural and | aesthetic importance; the corporate
authorities in each | municipality have the following powers:
| (1) To regulate and limit the height and bulk of | buildings hereafter to
be erected; (2) to establish, | regulate and limit, subject to the provisions
of Division | 14 of this Article 11, the building or set-back lines on or
| along any street, traffic-way, drive, parkway or storm or |
| floodwater runoff
channel or basin; (3) to regulate and | limit the intensity of the use of lot
areas, and to | regulate and determine the area of open spaces, within and
| surrounding such buildings; (4) to classify, regulate and | restrict the
location of trades and industries and the | location of buildings designed
for specified industrial, | business, residential, and other uses; (5) to
divide the | entire municipality into districts of such number, shape, | area,
and of such different classes (according to use of | land and buildings,
height and bulk of buildings, intensity | of the use of lot area, area of
open spaces, or other | classification) as may be deemed best suited to carry
out | the purposes of this Division 13; (6) to fix standards to | which
buildings or structures therein shall conform; (7) to | prohibit uses,
buildings, or structures incompatible with | the character of such districts;
(8) to prevent additions | to and alteration or remodeling of existing
buildings or | structures in such a way as to avoid the restrictions and
| limitations lawfully imposed under this Division 13; (9) to | classify,
to regulate and restrict the use of property on | the basis of family
relationship, which family | relationship may be defined as one or more
persons each | related to the other by blood, marriage or adoption and
| maintaining a common household; (10) to regulate or forbid | any structure
or activity which may hinder access to solar | energy necessary for the proper
functioning of a solar |
| energy system, as defined in Section 1.2 of The
| Comprehensive Solar Energy Act of 1977; and (11) to require | the creation and preservation of affordable housing, | including the power to provide increased density or other | zoning incentives to developers who are creating, | establishing, or preserving affordable housing ; and (12) | to establish local standards solely for the review of the | exterior design of buildings and structures, excluding | utility facilities and outdoor off-premises advertising | signs, and designate a board or commission to implement the | review process .
| The powers enumerated may be exercised within the corporate | limits or
within contiguous territory not more than one and | one-half miles beyond the
corporate limits and not included | within any municipality. However, if any
municipality adopts a | plan pursuant to Division 12 of Article 11 which
plan includes | in its provisions a provision that the plan applies to such
| contiguous territory not more than one and one-half miles | beyond the
corporate limits and not included in any | municipality, then no other
municipality shall adopt a plan | that shall apply to any territory included
within the territory | provided in the plan first so adopted by another
municipality. | No municipality shall exercise any power set forth in this
| Division 13 outside the corporate limits thereof, if the county | in which
such municipality is situated has adopted "An Act in | relation to county
zoning", approved June 12, 1935, as amended.
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| Nothing in this Section prevents a municipality of more than | 112,000
population located in a county of less than 185,000 | population that has adopted
a zoning ordinance and the county | that adopted the zoning ordinance from
entering into an | intergovernmental agreement that allows the municipality to
| exercise its zoning powers beyond its territorial limits; | provided, however,
that the intergovernmental agreement must | be limited to the territory within
the municipality's planning | jurisdiction as defined by law or any existing
boundary | agreement. The county and the municipality must amend their
| individual zoning maps in the same manner as other zoning | changes are
incorporated into revised zoning maps.
No such | intergovernmental agreement may authorize a municipality to | exercise
its zoning powers, other than powers that a county may | exercise under
Section 5-12001 of the Counties Code, with | respect to land used for
agricultural purposes. This amendatory | Act of the 92nd General Assembly is
declarative of existing | law.
No municipality may exercise any
power set forth in this | Division 13 outside the corporate limits of the
municipality | with respect to a facility of a telecommunications carrier | defined
in Section 5-12001.1 of the Counties Code. | Notwithstanding any other provision of law to the contrary, | at least 30 days prior to commencing construction of a new | telecommunications facility within 1.5 miles of a | municipality, the telecommunications carrier constructing the | facility shall provide written notice of its intent to |
| construct the facility. The notice shall include, but not be | limited to, the following information: (i) the name, address, | and telephone number of the company responsible for the | construction of the facility and (ii) the address and telephone | number of the governmental entity that issued the building | permit for the telecommunications facility. The notice shall be | provided in person, by overnight private courier, or by | certified mail to all owners of property within 250 feet of the | parcel in which the telecommunications carrier has a leasehold | or ownership interest. For the purposes of this notice | requirement, "owners" means those persons or entities | identified from the authentic tax records of the county in | which the telecommunications facility is to be located. If, | after a bona fide effort by the telecommunications carrier to | determine the owner and his or her address, the owner of the | property on whom the notice must be served cannot be found at | the owner's last known address, or if the mailed notice is | returned because the owner cannot be found at the last known | address, the notice requirement of this paragraph is deemed | satisfied. For the purposes of this paragraph, "facility" means | that term as it is defined in Section 5-12001.1 of the Counties | Code. | If a municipality adopts a
zoning plan covering an area | outside its corporate limits, the plan adopted
shall be | reasonable with respect to the area outside the corporate | limits
so that future development will not be hindered or |
| impaired; it is
reasonable for a municipality to regulate or | prohibit the extraction of
sand, gravel, or limestone even when | those activities are related to an
agricultural purpose. If all | or any part of the area outside the corporate
limits of a | municipality which has been zoned in accordance with the
| provisions of this Division 13 is annexed to another | municipality or
municipalities, the annexing unit shall | thereafter exercise all zoning
powers and regulations over the | annexed area.
| In all ordinances passed under the authority of this | Division 13, due
allowance shall be made for existing | conditions, the conservation of
property values, the direction | of building development to the best
advantage of the entire | municipality and the uses to which the property is
devoted at | the time of the enactment of such an ordinance. The powers
| conferred by this Division 13 shall not be exercised so as to | deprive the
owner of any existing property of its use or | maintenance for the purpose to
which it is then lawfully | devoted, but provisions may be made for the
gradual elimination | of uses, buildings and structures which are
incompatible with | the character of the districts in which they are made or
| located, including, without being limited thereto, provisions | (a) for the
elimination of such uses of unimproved lands or lot | areas when the existing
rights of the persons in possession | thereof are terminated or when the uses
to which they are | devoted are discontinued; (b) for the elimination of uses
to |
| which such buildings and structures are devoted, if they are | adaptable
for permitted uses; and (c) for the elimination of | such buildings and
structures when they are destroyed or | damaged in major part, or when they
have reached the age fixed | by the corporate authorities of the municipality
as the normal | useful life of such buildings or structures.
| This amendatory Act of 1971 does not apply to any | municipality which is
a home rule unit.
| (Source: P.A. 93-698, eff. 7-9-04; 94-303, eff. 7-21-05.)
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Effective Date: 1/1/2008
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