093_HB1251eng

 
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 1        AN ACT in relation to municipalities.

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

 4        Section  5.  The  Illinois  Municipal  Code is amended by
 5    changing Section 11-13-1 as follows:

 6        (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
 7        Sec. 11-13-1.  To the end that adequate light, pure  air,
 8    and  safety  from fire and other dangers may be secured, that
 9    the taxable  value  of  land  and  buildings  throughout  the
10    municipality  may be conserved, that congestion in the public
11    streets may be lessened  or  avoided,  that  the  hazards  to
12    persons   and   damage   to   property   resulting  from  the
13    accumulation or runoff  of  storm  or  flood  waters  may  be
14    lessened  or  avoided,  and  that  the public health, safety,
15    comfort, morals, and welfare may otherwise be  promoted,  and
16    to  insure  and  facilitate the preservation of sites, areas,
17    and structures of  historical,  architectural  and  aesthetic
18    importance;  the  corporate  authorities in each municipality
19    have the following powers:
20             (1)  To regulate and limit the height  and  bulk  of
21        buildings  hereafter  to  be  erected;  (2) to establish,
22        regulate and limit, subject to the provisions of Division
23        14 of this Article 11, the building or set-back lines  on
24        or along any street, traffic-way, drive, parkway or storm
25        or  floodwater  runoff  channel or basin; (3) to regulate
26        and limit the intensity of the use of lot areas,  and  to
27        regulate  and  determine  the area of open spaces, within
28        and surrounding such buildings; (4) to classify, regulate
29        and restrict the location of trades  and  industries  and
30        the   location   of   buildings  designed  for  specified
31        industrial, business, residential, and other uses; (5) to
 
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 1        divide the entire municipality  into  districts  of  such
 2        number,  shape,  area,  and  of  such  different  classes
 3        (according  to use of land and buildings, height and bulk
 4        of buildings, intensity of the use of lot area,  area  of
 5        open  spaces,  or  other classification) as may be deemed
 6        best suited to carry out the purposes  of  this  Division
 7        13; (6) to fix standards to which buildings or structures
 8        therein  shall  conform; (7) to prohibit uses, buildings,
 9        or structures incompatible with  the  character  of  such
10        districts;  (8) to prevent additions to and alteration or
11        remodeling of existing buildings or structures in such  a
12        way as to avoid the restrictions and limitations lawfully
13        imposed  under  this  Division  13;  (9)  to classify, to
14        regulate and restrict the use of property on the basis of
15        family relationship, which  family  relationship  may  be
16        defined  as one or more persons each related to the other
17        by blood, marriage or adoption and maintaining  a  common
18        household;  and  (10) to regulate or forbid any structure
19        or activity which  may  hinder  access  to  solar  energy
20        necessary  for  the  proper functioning of a solar energy
21        system, as defined in Section 1.2  of  The  Comprehensive
22        Solar Energy Act of 1977.
23        The   powers  enumerated  may  be  exercised  within  the
24    corporate limits or within contiguous territory not more than
25    one and one-half miles beyond the corporate  limits  and  not
26    included   within   any   municipality.   However,   if   any
27    municipality adopts a plan pursuant to Division 12 of Article
28    11 which plan includes in its provisions a provision that the
29    plan  applies  to such contiguous territory not more than one
30    and one-half  miles  beyond  the  corporate  limits  and  not
31    included  in  any  municipality,  then  no other municipality
32    shall adopt a plan that shall apply to any territory included
33    within the territory provided in the plan first so adopted by
34    another municipality.  No  municipality  shall  exercise  any
 
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 1    power  set  forth  in  this Division 13 outside the corporate
 2    limits thereof, if the county in which such  municipality  is
 3    situated  has  adopted "An Act in relation to county zoning",
 4    approved June 12, 1935, as amended. Nothing in  this  Section
 5    prevents  a  municipality  of  more  than  112,000 population
 6    located in a county of less than 185,000 population that  has
 7    adopted  a  zoning  ordinance and the county that adopted the
 8    zoning ordinance  from  entering  into  an  intergovernmental
 9    agreement that allows the municipality to exercise its zoning
10    powers beyond its territorial limits; provided, however, that
11    the  intergovernmental  agreement  must  be  limited  to  the
12    territory  within the municipality's planning jurisdiction as
13    defined by law  or  any  existing  boundary  agreement.   The
14    county  and  the  municipality  must  amend  their individual
15    zoning maps in the same manner as other  zoning  changes  are
16    incorporated    into    revised    zoning   maps.   No   such
17    intergovernmental agreement may authorize a  municipality  to
18    exercise  its  zoning powers, other than powers that a county
19    may exercise under Section 5-12001 of the Counties Code, with
20    respect  to  land  used  for  agricultural  purposes.    This
21    amendatory Act of the 92nd General Assembly is declarative of
22    existing law. No municipality  may  exercise  any  power  set
23    forth in this Division 13 outside the corporate limits of the
24    municipality    with    respect    to   a   facility   of   a
25    telecommunications carrier defined in  Section  5-12001.1  of
26    the  Counties  Code.   If a municipality adopts a zoning plan
27    covering an area  outside  its  corporate  limits,  the  plan
28    adopted  shall be reasonable with respect to the area outside
29    the corporate limits so that future development will  not  be
30    hindered  or impaired; it is reasonable for a municipality to
31    regulate or prohibit  the  extraction  of  sand,  gravel,  or
32    limestone  even  when  those  activities  are  related  to an
33    agricultural purpose. If all or any part of the area  outside
34    the  corporate  limits of a municipality which has been zoned
 
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 1    in accordance with the provisions  of  this  Division  13  is
 2    annexed   to  another  municipality  or  municipalities,  the
 3    annexing unit shall thereafter exercise all zoning powers and
 4    regulations over the annexed area.
 5        In all ordinances passed  under  the  authority  of  this
 6    Division  13,  due  allowance  shall  be  made  for  existing
 7    conditions,   the   conservation   of  property  values,  the
 8    direction of building development to the  best  advantage  of
 9    the entire municipality and the uses to which the property is
10    devoted  at  the  time of the enactment of such an ordinance.
11    The powers  conferred  by  this  Division  13  shall  not  be
12    exercised so as to deprive the owner of any existing property
13    of its use or maintenance for the purpose to which it is then
14    lawfully  devoted, but provisions may be made for the gradual
15    elimination of  uses,  buildings  and  structures  which  are
16    incompatible  with  the  character  of the districts in which
17    they are made or located, including,  without  being  limited
18    thereto,  provisions  (a) for the elimination of such uses of
19    unimproved lands or lot areas when the existing rights of the
20    persons in possession thereof are terminated or when the uses
21    to which they are  devoted  are  discontinued;  (b)  for  the
22    elimination  of  uses  to which such buildings and structures
23    are devoted, if they are adaptable for  permitted  uses;  and
24    (c) for the elimination of such buildings and structures when
25    they  are  destroyed  or  damaged in major part, or when they
26    have reached the age fixed by the  corporate  authorities  of
27    the  municipality as the normal useful life of such buildings
28    or structures.
29        This amendatory  Act  of  1971  does  not  apply  to  any
30    municipality which is a home rule unit.
31    (Source: P.A. 92-509, eff. 1-1-02.)

32        Section  99.  Effective  date.  This  Act takes effect on
33    January 1, 2004.