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92nd General Assembly

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Public Act 92-0509

HB1011 Re-Enrolled                             LRB9202622MWdv

    AN ACT concerning zoning.

    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;  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. 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.   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. 90-522, eff. 1-1-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 24, 2001.
    Governor Amendatory Veto August 17, 2001.
    General Assembly Accepts Amendatory Veto November 28, 2001.
    Returned to Governor for Certification December 12, 2001.
    Governor Certifies Changes January 01, 2002.

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