Illinois General Assembly - Full Text of Public Act 095-0475
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Public Act 095-0475




Public Act 095-0475
SB0382 Enrolled LRB095 06569 HLH 28956 b

    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.
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
    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.)

Effective Date: 1/1/2008