Public Act 90-0661 of the 90th General Assembly
Public Act 90-0661
HB2557 Enrolled LRB9008945PTsb
AN ACT to amend the Counties Code by changing Section
5-12001.
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 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, but provisions may be made for (i) the
gradual elimination of the uses of unimproved lands or lot
areas when the existing rights of the persons in possession
are terminated or when the uses to which they are devoted are
discontinued, (ii) the gradual elimination of uses to which
the buildings and structures are devoted if they are
adaptable to permitted uses, and (iii) the gradual
elimination of the buildings and structures when they are
destroyed or damaged in major part; nor shall they be
exercised so as to impose regulations, eliminate uses,
buildings, or structures, or require permits with respect to
land used for agricultural purposes, which includes the
growing of farm crops, truck garden crops, animal and poultry
husbandry, apiculture, aquaculture, dairying, floriculture,
horticulture, nurseries, tree farms, sod farms, pasturage,
viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on
the land, 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 and
counties may establish a minimum lot size for residences on
land used for agricultural purposes; 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
with respect to uses, buildings, or structures of a public
utility as defined in the Public Utilities Act, 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. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
90-522, eff. 1-1-98; revised 11-4-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.