Public Act 90-0522 of the 90th General Assembly

State of Illinois
Public Acts
90th General Assembly

[ Home ] [ Public Acts ] [ ILCS ] [ Search ] [ Bottom ]


Public Act 90-0522

SB1109 Enrolled                                SRS90S0045PMch

    AN ACT concerning county zoning, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The  Counties  Code  is amended by changing
Section 5-12001 and adding Section 5-12001.1 as follows:

    (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
    Sec.  5-12001.  Authority  to   regulate   and   restrict
location and use of structures.
    For  the  purpose of promoting the public health, safety,
morals, comfort and general welfare, conserving the values of
property  throughout  the  county,  lessening   or   avoiding
congestion  in the public streets and highways, and lessening
or avoiding the hazards to persons  and  damage  to  property
resulting  from  the accumulation or runoff of storm or flood
waters, the county board or board of county commissioners, as
the case may be, of each county,  shall  have  the  power  to
regulate  and  restrict  the  location  and use of buildings,
structures and land for trade, industry, residence and  other
uses  which  may  be specified by such board, to regulate and
restrict the intensity of such uses, to establish building or
setback lines on or  along  any  street,  trafficway,  drive,
parkway  or  storm  or  floodwater  runoff  channel  or basin
outside the limits of cities, villages and incorporated towns
which have in effect municipal zoning ordinances;  to  divide
the entire county outside the limits of such cities, villages
and  incorporated towns into districts of such number, shape,
area and of such different classes, according to the  use  of
land  and  buildings,  the  intensity  of such use (including
height of  buildings  and  structures  and  surrounding  open
space)  and other classification as may be deemed best suited
to carry out the purposes of this Division; to prohibit uses,
buildings or structures incompatible with  the  character  of
such  districts respectively; and 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  hereunder:  Provided,  that  permits  with
respect to the  erection,  maintenance,  repair,  alteration,
remodeling or extension of buildings or structures used or to
be used for agricultural purposes shall be issued free of any
charge.   The  corporate  authorities  of  the  county may by
ordinance  require  the  construction  of  fences  around  or
protective  covers  over  previously  constructed  artificial
basins of water dug in the ground and used  for  swimming  or
wading, which are located on private residential property and
intended  for  the  use  of  the  owner  and  guests.  In all
ordinances or resolutions passed under the authority of  this
Division,   due   allowance   shall   be  made  for  existing
conditions,  the  conservation  of   property   values,   the
directions  of  building development to the best advantage of
the entire county, and the uses to which property is  devoted
at  the  time  of  the  enactment  of  any  such ordinance or
resolution.
    The powers by this Division given 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; nor shall they be exercised so as to impose
regulations  or  require permits with respect to land used or
to be used for agricultural purposes, other than  parcels  of
land  consisting  of  less  than 5 acres from which $1,000 or
less of agricultural products were sold in any calendar  year
in  counties with a population between 300,000 and 400,000 or
in counties contiguous to a county with a population  between
300,000   and   400,000,  and  other  than  parcels  of  land
consisting of less than 5 acres in counties with a population
in excess of  400,000,  or  with  respect  to  the  erection,
maintenance,  repair,  alteration, remodeling or extension of
buildings or structures used or to be used  for  agricultural
purposes  upon  such  land  except  that  such  buildings  or
structures  for  agricultural  purposes  may  be  required to
conform to building or set back lines;  nor  shall  any  such
powers  be  so  exercised as to prohibit the temporary use of
land for  the  installation,  maintenance  and  operation  of
facilities  used  by  contractors  in  the ordinary course of
construction activities, except that such facilities  may  be
required  to  be  located  not  less than 1,000 feet from any
building used for residential purposes, and except  that  the
period of such temporary use shall not exceed the duration of
the  construction contract; nor shall any such powers include
the right to specify or regulate the type or location of  any
poles,  towers,  wires, cables, conduits, vaults, laterals or
any other similar distributing equipment of a public  utility
as defined in The Public utilities Act, if the public utility
is  subject  to The Messages Tax Act, The Gas Revenue Tax Act
or The Public Utilities Revenue Act, or if such facilities or
equipment are located on any rights of way and are  used  for
railroad  purposes, nor shall any such powers be exercised in
any respect as to  the  facilities,  as  defined  in  Section
5-12001.1,  of  a telecommunications carrier, as also defined
therein, except to the extent and in the manner set forth  in
Section   5-12001.1.  As  used  in  this  Act,  "agricultural
purposes" do not include the extraction of  sand,  gravel  or
limestone,  and  such  activities  may be regulated by county
zoning ordinance even when such activities are related to  an
agricultural purpose.
    Nothing  in  this Division shall be construed to restrict
the  powers  granted  by  statute  to  cities,  villages  and
incorporated towns as to territory contiguous to but  outside
of  the  limits  of  such  cities,  villages and incorporated
towns. Any zoning ordinance enacted by  a  city,  village  or
incorporated  town shall supersede, with respect to territory
within the corporate limits of the municipality,  any  county
zoning  plan  otherwise  applicable.  The  powers  granted to
counties by this Division shall be treated as in addition  to
powers conferred by statute to control or approve maps, plats
or  subdivisions.   In this Division, "agricultural purposes"
include,  without  limitation,   the   growing,   developing,
processing,  conditioning,  or  selling  of hybrid seed corn,
seed beans, seed oats, or other farm seeds.
    Nothing in this Division shall be construed  to  prohibit
the  corporate  authorities  of  a  county  from  adopting an
ordinance that exempts pleasure driveways or park  districts,
as  defined  in  the Park District Code, with a population of
greater than 100,000,  from  the  exercise  of  the  county's
powers under this Division.
(Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)

    (55 ILCS 5/5-12001.1 new)
    Sec.  5-12001.1.  Authority to regulate certain specified
facilities of a telecommunications carrier.
    (a)  Notwithstanding any other Section in this  Division,
the  county  board  or  board  of county commissioners of any
county shall have the power to regulate the location  of  the
facilities,    as   defined   in   subsection   (c),   of   a
telecommunications carrier established outside the  corporate
limits  of cities, villages, and incorporated towns that have
municipal zoning ordinances in effect.  The power shall  only
be  exercised  to  the  extent and in the manner set forth in
this Section.
    (b)  The provisions of this Section shall not abridge any
rights created by  or  authority  confirmed  in  the  federal
Telecommunications Act of 1996, P.L. 104-104.
    (c)  As   used   in  this  Section,  unless  the  context
otherwise requires:
         (1)  "county jurisdiction area" means those portions
    of a county that lie  outside  the  corporate  limits  of
    cities,   villages,  and  incorporated  towns  that  have
    municipal zoning ordinances in effect;
         (2)  "county board" means the county board or  board
    of county commissioners of any county;
         (3)  "residential  zoning  district"  means a zoning
    district  that  is  designated  under  a  county   zoning
    ordinance  and  is  zoned  predominantly  for residential
    uses;
         (4)  "non-residential  zoning  district"  means  the
    county jurisdiction area of a county,  except  for  those
    portions within a residential zoning district;
         (5)  "residentially zoned lot" means a zoning lot in
    a residential zoning district;
         (6)  "non-residentially  zoned  lot"  means a zoning
    lot in a non-residential zoning district;
         (7)  "telecommunications    carrier"     means     a
    telecommunications  carrier  as  defined  in  the  Public
    Utilities Act as of January 1, 1997;
         (8)  "facility"   means  that  part  of  the  signal
    distribution   system   used    or    operated    by    a
    telecommunications  carrier  under a license from the FCC
    consisting of a combination of improvements and equipment
    including (i) one or more  antennas,  (ii)  a  supporting
    structure   and   the  hardware  by  which  antennas  are
    attached; (iii) equipment  housing;  and  (iv)  ancillary
    equipment   such   as   signal  transmission  cables  and
    miscellaneous hardware;
         (9)  "FAA" means the Federal Aviation Administration
    of the United States Department of Transportation;
         (10)  "FCC"   means   the   Federal   Communications
    Commission;
         (11)  "antenna" means an  antenna  device  by  which
    radio signals are transmitted, received, or both;
         (12)  "supporting   structure"  means  a  structure,
    whether an antenna tower or another  type  of  structure,
    that supports one or more antennas as part of a facility;
         (13)  "qualifying   structure"  means  a  supporting
    structure that is  (i)  an  existing  structure,  if  the
    height  of  the facility, including the structure, is not
    more than 15 feet higher than the structure  just  before
    the  facility  is  installed,  or  (ii)  a  substantially
    similar,  substantially  same-location  replacement of an
    existing  structure,  if  the  height  of  the  facility,
    including the replacement structure, is not more than  15
    feet  higher  than  the  height of the existing structure
    just before the facility is installed;
         (14)  "equipment housing" means a combination of one
    or  more  equipment  buildings  or   enclosures   housing
    equipment  that operates in conjunction with the antennas
    of a facility, and the equipment itself;
         (15)  "height" of a facility means the total  height
    of  the  facility's supporting structure and any antennas
    that  will  extend  above  the  top  of  the   supporting
    structure;   however,   if   the  supporting  structure's
    foundation extends more than 3 feet above  the  uppermost
    ground  level along the perimeter of the foundation, then
    each full foot in excess of 3 feet shall be counted as an
    additional foot of facility  height.   The  height  of  a
    facility's  supporting  structure  is to be measured from
    the  highest  point   of   the   supporting   structure's
    foundation;
         (16)  "facility lot" means the zoning lot on which a
    facility is or will be located;
         (17)  "principal   residential   building"  has  its
    common meaning but shall not include any  building  under
    the  same  ownership  as  the  land  of the facility lot.
    "Principal residential building" shall  not  include  any
    structure that is not designed for human habitation;
         (18)  "horizontal  separation  distance"  means  the
    distance  measured  from  the  center  of the base of the
    facility's supporting structure to the  point  where  the
    ground  meets  a vertical wall of a principal residential
    building; and
         (19)  "lot  line  set  back  distance"   means   the
    distance  measured  from  the  center  of the base of the
    facility's supporting structure to the nearest  point  on
    the  common  lot  line  between  the facility lot and the
    nearest residentially zoned lot.  If there is  no  common
    lot  line,  the  measurement shall be made to the nearest
    point on the lot line of the nearest residentially  zoned
    lot  without deducting the width of any intervening right
    of way.
    (d)  In  choosing  a   location   for   a   facility,   a
telecommunications carrier shall consider the following:
         (1)  A  non-residentially  zoned  lot  is  the  most
    desirable location.
         (2)  A  residentially zoned lot that is not used for
    residential  purposes  is  the  second   most   desirable
    location.
         (3)  A  residentially  zoned  lot that is 2 acres or
    more in size and is used for residential purposes is  the
    third most desirable location.
         (4)  A  residentially  zoned lot that is less than 2
    acres in size and is used for residential purposes is the
    least desirable location.
    The size of a lot shall be the lot's gross area in square
feet without deduction of any unbuildable or  unusable  land,
any roadway, or any other easement.
    (e)  In   designing   a  facility,  a  telecommunications
carrier shall consider the following guidelines:
         (1)  No building or tower that is part of a facility
    should encroach onto any  recorded  easement  prohibiting
    the encroachment unless the grantees of the easement have
    given their approval.
         (2)  Lighting  should  be installed for security and
    safety purposes only.  Except with  respect  to  lighting
    required  by  the  FCC  or  FAA,  all  lighting should be
    shielded so that no glare  extends  substantially  beyond
    the boundaries of a facility.
         (3)  No  facility  should  encroach onto an existing
    septic field.
         (4)  Any facility located in a special flood  hazard
    area  or  wetland  should meet the legal requirements for
    those lands.
         (5)  Existing trees more than 3 inches  in  diameter
    should   be   preserved  if  reasonably  feasible  during
    construction.  If any tree more than 3 inches in diameter
    is removed during construction a tree 3 inches or more in
    diameter of the  same  or  a  similar  species  shall  be
    planted  as  a  replacement if reasonably feasible.  Tree
    diameter shall be measured at a point 3 feet above ground
    level.
         (6)  If  any  elevation  of  a  facility  faces   an
    existing,  adjoining residential use within a residential
    zoning district, low maintenance  landscaping  should  be
    provided  on or near the facility lot to provide at least
    partial screening of the facility.  The quantity and type
    of that landscaping should  be  in  accordance  with  any
    county  landscaping regulations of general applicability,
    except that paragraph (5) of this  subsection  (e)  shall
    control  over  any  tree-related  regulations  imposing a
    greater burden.
         (7)  Fencing should be installed around a  facility.
    The  height  and  materials  of  the fencing should be in
    accordance with any county fence regulations  of  general
    applicability.
         (8)  Any building that is part of a facility located
    adjacent  to a residentially zoned lot should be designed
    with exterior materials and colors  that  are  reasonably
    compatible with the residential character of the area.
    (f)  The   following   provisions   shall  apply  to  all
facilities established in any county jurisdiction area  after
the effective date of the amendatory Act of 1997:
         (1)  Except  as provided in this Section, no yard or
    set back regulations shall apply to or be required for  a
    facility.
         (2)  A  facility  may  be located on the same zoning
    lot as one or  more  other  structures  or  uses  without
    violating  any  ordinance or regulation that prohibits or
    limits multiple  structures,  buildings,  or  uses  on  a
    zoning lot.
         (3)  No  minimum  lot area, width, or depth shall be
    required for a facility, and unless the facility is to be
    manned on a regular, daily basis, no  off-street  parking
    spaces shall be required for a facility.  If the facility
    is to be manned on a regular, daily basis, one off-street
    parking   space  shall  be  provided  for  each  employee
    regularly at the facility.   No  loading  facilities  are
    required.
         (4)  No portion of a facility's supporting structure
    or  equipment housing shall be less than 15 feet from the
    front lot line of the facility lot or less than  10  feet
    from any other lot line.
         (5)  No  bulk  regulations or lot coverage, building
    coverage,  or  floor  area  ratio  limitations  shall  be
    applied to a facility or to any existing use or structure
    coincident with the establishment of a facility.   Except
    as   provided  in  this  Section,  no  height  limits  or
    restrictions shall apply to a facility.
         (6)  A  county's  review  of   a   building   permit
    application  for  a facility shall be completed within 30
    days.  If a decision of the county board is  required  to
    permit  the  establishment  of  a  facility, the county's
    review of the application shall be simultaneous with  the
    process leading to the county board's decision.
         (7)  The  improvements  and equipment comprising the
    facility may be wholly or partly freestanding  or  wholly
    or partly attached to, enclosed in, or installed in or on
    a structure or structures.
         (8)  Any   public   hearing  authorized  under  this
    Section shall be conducted in a manner determined by  the
    county board.  Notice of any such public hearing shall be
    published  at  least  15  days  before  the  hearing in a
    newspaper of general circulation published in the county.
         (9)  Any decision regarding a facility by the county
    board or a county agency or official shall  be  supported
    by  written  findings  of  fact.  The circuit court shall
    have jurisdiction to review  the  reasonableness  of  any
    adverse  decision and the plaintiff shall bear the burden
    of proof, but  there  shall  be  no  presumption  of  the
    validity of the decision.
    (g)  The   following   provisions   shall  apply  to  all
facilities established  after  the  effective  date  of  this
amendatory Act of 1997 in the county jurisdiction area of any
county with a population of less than 180,000:
         (1)  A  facility  is  permitted  if  its  supporting
    structure  is  a  qualifying  structure or if both of the
    following conditions are met:
              (A)  the  height  of  the  facility  shall  not
         exceed 200  feet,  except  that  if  a  facility  is
         located  more  than  one and one-half miles from the
         corporate  limits  of  any   municipality   with   a
         population  of  25,000  or  more  the  height of the
         facility shall not exceed 350 feet; and
              (B)  the horizontal separation distance to  the
         nearest  principal residential building shall not be
         less than the height of  the  supporting  structure;
         except  that  if the supporting structure exceeds 99
         feet in height, the horizontal  separation  distance
         to  the nearest principal residential building shall
         be at least 100 feet or 80% of  the  height  of  the
         supporting    structure,   whichever   is   greater.
         Compliance  with  this  paragraph  shall   only   be
         evaluated  as  of  the  time  that a building permit
         application for the facility is submitted.   If  the
         supporting  structure  is  not an antenna tower this
         paragraph is satisfied.
         (2)  Unless a facility is permitted under  paragraph
    (1) of this subsection (g), a facility can be established
    only  after the county board gives its approval following
    consideration of the provisions of paragraph (3) of  this
    subsection  (g).   The county board may give its approval
    after one public hearing on the proposal, but only by the
    favorable vote of a majority of the members present at  a
    meeting  held no later than 75 days after submission of a
    complete application by the  telecommunications  carrier.
    If  the  county  board  fails  to  act on the application
    within 75 days  after  its  submission,  the  application
    shall  be deemed to have been approved.  No more than one
    public hearing shall be required.
         (3)  For  purposes  of   paragraph   (2)   of   this
    subsection  (g), the following siting considerations, but
    no other matter, shall be considered by the county  board
    or any other body conducting the public hearing:
              (A)  the  criteria  in  subsection  (d) of this
         Section;
              (B)  whether a substantial  adverse  effect  on
         public  safety  will  result from some aspect of the
         facility's design or proposed construction, but only
         if  that  aspect  of  design  or   construction   is
         modifiable by the applicant;
              (C)  the benefits to be derived by the users of
         the  services  to  be  provided  or  enhanced by the
         facility and whether  public  safety  and  emergency
         response   capabilities   would   benefit   by   the
         establishment of the facility;
              (D)  the  existing  uses on adjacent and nearby
         properties; and
              (E)  the extent to  which  the  design  of  the
         proposed    facility    reflects   compliance   with
         subsection (e) of this Section.
         (4)  On judicial review of an adverse decision,  the
    issue  shall  be the reasonableness of the county board's
    decision in light of the evidence presented on the siting
    considerations and the well-reasoned  recommendations  of
    any other body that conducts the public hearing.
    (h)  The   following   provisions   shall  apply  to  all
facilities established  after  the  effective  date  of  this
amendatory Act of 1997 in the county jurisdiction area of any
county  with  a population of 180,000 or more.  A facility is
permitted in any zoning district subject to the following:
         (1)  A facility shall not be located on a lot  under
    paragraph  (4)  of  subsection  (d) unless a variation is
    granted by the county board under paragraph (4)  of  this
    subsection (h).
         (2)  Unless  a  height  variation  is granted by the
    county board, the height of a facility shall  not  exceed
    75  feet if the facility will be located in a residential
    zoning district or 200  feet  if  the  facility  will  be
    located  in  a non-residential zoning district.  However,
    the height of a facility may exceed the height  limit  in
    this   paragraph,   and  no  height  variation  shall  be
    required, if the supporting  structure  is  a  qualifying
    structure.
         (3)  The  improvements and equipment of the facility
    shall be placed to comply with the requirements  of  this
    paragraph  at  the time a building permit application for
    the facility is submitted.  If the  supporting  structure
    is  an  antenna  tower  other than a qualifying structure
    then (i) if the facility will be located in a residential
    zoning district the lot line set  back  distance  to  the
    nearest  residentially zoned lot shall be at least 50% of
    the height of the facility's supporting structure or (ii)
    if the facility will  be  located  in  a  non-residential
    zoning district the horizontal separation distance to the
    nearest  principal residential building shall be at least
    equal  to  the  height  of  the   facility's   supporting
    structure.
         (4)  The  county  board may grant variations for any
    of the regulations, conditions, and restrictions of  this
    subsection  (h), after one public hearing on the proposed
    variations, by a favorable vote  of  a  majority  of  the
    members  present  at a meeting held no later than 75 days
    after   submission   of    an    application    by    the
    telecommunications carrier.  If the county board fails to
    act  on  the application within 75 days after submission,
    the application shall be deemed to  have  been  approved.
    In  its  consideration  of an application for variations,
    the county board,  and  any  other  body  conducting  the
    public  hearing,  shall  consider  the  following, and no
    other matters:
              (A)  whether,  but  for  the  granting   of   a
         variation,  the  service that the telecommunications
         carrier  seeks  to  enhance  or  provide  with   the
         proposed  facility will be less available, impaired,
         or diminished in  quality,  quantity,  or  scope  of
         coverage;
              (B)  whether  the  conditions  upon  which  the
         application  for  variations  is based are unique in
         some  respect  or,  if  not,  whether   the   strict
         application  of  the  regulations  would result in a
         hardship on the telecommunications carrier;
              (C)  whether a substantial  adverse  effect  on
         public  safety  will  result from some aspect of the
         facility's design or proposed construction, but only
         if  that  aspect  of  design  or   construction   is
         modifiable by the applicant;
              (D)  whether  there  are benefits to be derived
         by the users of  the  services  to  be  provided  or
         enhanced  by  the facility and whether public safety
         and emergency response capabilities would benefit by
         the establishment of the facility; and
              (E)  the extent to  which  the  design  of  the
         proposed    facility    reflects   compliance   with
         subsection (e) of this Section.
    No more than one public hearing shall be required.
         (5)  On judicial review of an adverse decision,  the
    issue  shall  be the reasonableness of the county board's
    decision in light  of  the  evidence  presented  and  the
    well-reasoned  recommendations  of  any  other  body that
    conducted the public hearing.

    Section 10.  The Township Code  is  amended  by  changing
Section 110-5 as follows:

    (60 ILCS 1/110-5)
    Sec. 110-5.  Application of Article.
    (a)  This  Article  applies  only  in  those townships in
which the electors of the township, at an annual  or  special
township  meeting,  authorize  the township board to exercise
the powers conferred by this Article.
    (b)  This Article does not apply in any county in which a
county zoning ordinance or resolution is in effect. A  county
zoning  ordinance or resolution adopted after the adoption of
a township zoning ordinance or resolution under this  Article
supersedes the township zoning ordinance or resolution.
    (c)  Regulations  adopted under this Article do not apply
to any area that is governed by a municipal zoning ordinance.
    (d)  This Article does not apply to the facilities  of  a
telecommunications  carrier  defined  in Section 5-12001.1 of
the Counties Code.
(Source: P.A. 82-783; 88-62.)

    Section 15.  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; and (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.
    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.  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.  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. 86-1025.)

    Section  20.  The Airport Zoning Act is amended by adding
Section 10.5 as follows:

    (620 ILCS 25/10.5 new)
    Sec. 10.5.  Effect of other laws.  None of the  following
shall  be  construed  to  limit the authority created by this
Act:
    (A)  Section 5-12001 of the Counties Code;
    (B)  Section 5-12001.1 of the Counties Code;
    (C)  Section 110-5 of the Township Code; and
    (D)  Section 11-13-1 of the Illinois Municipal Code.

[ Top ]