Rep. Renée Kosel

Filed: 4/13/2011

 

 


 

 


 
09700HB2548ham001LRB097 07777 KMW 54457 a

1
AMENDMENT TO HOUSE BILL 2548

2    AMENDMENT NO. ______. Amend House Bill 2548 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing 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, and
8safety from fire and other dangers may be secured, that the
9taxable value of land and buildings throughout the municipality
10may be conserved, that congestion in the public streets may be
11lessened or avoided, that the hazards to persons and damage to
12property resulting from the accumulation or runoff of storm or
13flood waters may be lessened or avoided, and that the public
14health, safety, comfort, morals, and welfare may otherwise be
15promoted, and to insure and facilitate the preservation of
16sites, areas, and structures of historical, architectural and

 

 

09700HB2548ham001- 2 -LRB097 07777 KMW 54457 a

1aesthetic importance; the corporate authorities in each
2municipality have the following powers:
3        (1) to regulate and limit the height and bulk of
4    buildings hereafter to be erected;
5        (2) to establish, regulate and limit, subject to the
6    provisions of Division 14 of this Article 11, the building
7    or set-back lines on or along any street, traffic-way,
8    drive, parkway or storm or floodwater runoff channel or
9    basin;
10        (3) to regulate and limit the intensity of the use of
11    lot areas, and to regulate and determine the area of open
12    spaces, within and surrounding such buildings;
13        (4) to classify, regulate and restrict the location of
14    trades and industries and the location of buildings
15    designed for specified industrial, business, residential,
16    and other uses;
17        (5) to divide the entire municipality into districts of
18    such number, shape, area, and of such different classes
19    (according to use of land and buildings, height and bulk of
20    buildings, intensity of the use of lot area, area of open
21    spaces, or other classification) as may be deemed best
22    suited to carry out the purposes of this Division 13;
23        (6) to fix standards to which buildings or structures
24    therein shall conform;
25        (7) to prohibit uses, buildings, or structures
26    incompatible with the character of such districts;

 

 

09700HB2548ham001- 3 -LRB097 07777 KMW 54457 a

1        (8) to prevent additions to and alteration or
2    remodeling of existing buildings or structures in such a
3    way as to avoid the restrictions and limitations lawfully
4    imposed under this Division 13;
5        (9) to classify, to regulate and restrict the use of
6    property on the basis of family relationship, which family
7    relationship may be defined as one or more persons each
8    related to the other by blood, marriage or adoption and
9    maintaining a common household;
10        (10) to regulate or forbid any structure or activity
11    which may hinder access to solar energy necessary for the
12    proper functioning of a solar energy system, as defined in
13    Section 1.2 of the Comprehensive Solar Energy Act of 1977;
14        (11) to require the creation and preservation of
15    affordable housing, including the power to provide
16    increased density or other zoning incentives to developers
17    who are creating, establishing, or preserving affordable
18    housing; and
19        (12) to establish local standards solely for the review
20    of the exterior design of buildings and structures,
21    excluding utility facilities and outdoor off-premises
22    advertising signs, and designate a board or commission to
23    implement the review process; except that, other than
24    reasonable restrictions as to size, no home rule or
25    non-home rule municipality may prohibit the display of
26    outdoor political campaign signs on residential property

 

 

09700HB2548ham001- 4 -LRB097 07777 KMW 54457 a

1    during any period of time, the regulation of these signs
2    being a power and function of the State and, therefor, this
3    item (12) is a denial and limitation of concurrent home
4    rule powers and functions under subsection (i) of Section 6
5    of Article VII of the Illinois Constitution.
6    The powers enumerated may be exercised within the corporate
7limits or within contiguous territory not more than one and
8one-half miles beyond the corporate limits and not included
9within any municipality. However, if any municipality adopts a
10plan pursuant to Division 12 of Article 11 which plan includes
11in its provisions a provision that the plan applies to such
12contiguous territory not more than one and one-half miles
13beyond the corporate limits and not included in any
14municipality, then no other municipality shall adopt a plan
15that shall apply to any territory included within the territory
16provided in the plan first so adopted by another municipality.
17No municipality shall exercise any power set forth in this
18Division 13 outside the corporate limits thereof, if the county
19in which such municipality is situated has adopted "An Act in
20relation to county zoning", approved June 12, 1935, as amended.
21Nothing in this Section prevents a municipality of more than
22112,000 population located in a county of less than 185,000
23population that has adopted a zoning ordinance and the county
24that adopted the zoning ordinance from entering into an
25intergovernmental agreement that allows the municipality to
26exercise its zoning powers beyond its territorial limits;

 

 

09700HB2548ham001- 5 -LRB097 07777 KMW 54457 a

1provided, however, that the intergovernmental agreement must
2be limited to the territory within the municipality's planning
3jurisdiction as defined by law or any existing boundary
4agreement. The county and the municipality must amend their
5individual zoning maps in the same manner as other zoning
6changes are incorporated into revised zoning maps. No such
7intergovernmental agreement may authorize a municipality to
8exercise its zoning powers, other than powers that a county may
9exercise under Section 5-12001 of the Counties Code, with
10respect to land used for agricultural purposes. This amendatory
11Act of the 92nd General Assembly is declarative of existing
12law. No municipality may exercise any power set forth in this
13Division 13 outside the corporate limits of the municipality
14with respect to a facility of a telecommunications carrier
15defined in Section 5-12001.1 of the Counties Code.
16    Notwithstanding any other provision of law to the contrary,
17at least 30 days prior to commencing construction of a new
18telecommunications facility within 1.5 miles of a
19municipality, the telecommunications carrier constructing the
20facility shall provide written notice of its intent to
21construct the facility. The notice shall include, but not be
22limited to, the following information: (i) the name, address,
23and telephone number of the company responsible for the
24construction of the facility and (ii) the address and telephone
25number of the governmental entity that issued the building
26permit for the telecommunications facility. The notice shall be

 

 

09700HB2548ham001- 6 -LRB097 07777 KMW 54457 a

1provided in person, by overnight private courier, or by
2certified mail to all owners of property within 250 feet of the
3parcel in which the telecommunications carrier has a leasehold
4or ownership interest. For the purposes of this notice
5requirement, "owners" means those persons or entities
6identified from the authentic tax records of the county in
7which the telecommunications facility is to be located. If,
8after a bona fide effort by the telecommunications carrier to
9determine the owner and his or her address, the owner of the
10property on whom the notice must be served cannot be found at
11the owner's last known address, or if the mailed notice is
12returned because the owner cannot be found at the last known
13address, the notice requirement of this paragraph is deemed
14satisfied. For the purposes of this paragraph, "facility" means
15that term as it is defined in Section 5-12001.1 of the Counties
16Code.
17    When regulating the placement of a telecommunications
18support structure, a municipality may not:
19        (1) regulate the placement of an antenna or related
20    equipment for an existing support structure; except that if
21    the placement of an antenna on an existing support
22    structure requires an extension, the placement may be
23    regulated if the extension would require the support
24    structure to have lighting as required by federal law; if a
25    co-location occurs, the co-location may not be considered
26    an expansion, and the municipality may not impose

 

 

09700HB2548ham001- 7 -LRB097 07777 KMW 54457 a

1    additional costs or operating restrictions on the
2    applicant for the co-location unless the support structure
3    is owned by the municipality;
4        (2) require the applicant to provide justification for
5    radio frequency need; or
6        (3) prohibit the provision of personal wireless
7    services.
8For the purposes of this Section, "co-location" means a tower
9shared by 2 or more wireless communications providers.
10    If a municipality adopts a zoning plan covering an area
11outside its corporate limits, the plan adopted shall be
12reasonable with respect to the area outside the corporate
13limits so that future development will not be hindered or
14impaired; it is reasonable for a municipality to regulate or
15prohibit the extraction of sand, gravel, or limestone even when
16those activities are related to an agricultural purpose. If all
17or any part of the area outside the corporate limits of a
18municipality which has been zoned in accordance with the
19provisions of this Division 13 is annexed to another
20municipality or municipalities, the annexing unit shall
21thereafter exercise all zoning powers and regulations over the
22annexed area.
23    In all ordinances passed under the authority of this
24Division 13, due allowance shall be made for existing
25conditions, the conservation of property values, the direction
26of building development to the best advantage of the entire

 

 

09700HB2548ham001- 8 -LRB097 07777 KMW 54457 a

1municipality and the uses to which the property is devoted at
2the time of the enactment of such an ordinance. The powers
3conferred by this Division 13 shall not be exercised so as to
4deprive the owner of any existing property of its use or
5maintenance for the purpose to which it is then lawfully
6devoted, but provisions may be made for the gradual elimination
7of uses, buildings and structures which are incompatible with
8the character of the districts in which they are made or
9located, including, without being limited thereto, provisions
10(a) for the elimination of such uses of unimproved lands or lot
11areas when the existing rights of the persons in possession
12thereof are terminated or when the uses to which they are
13devoted are discontinued; (b) for the elimination of uses to
14which such buildings and structures are devoted, if they are
15adaptable for permitted uses; and (c) for the elimination of
16such buildings and structures when they are destroyed or
17damaged in major part, or when they have reached the age fixed
18by the corporate authorities of the municipality as the normal
19useful life of such buildings or structures.
20    This amendatory Act of 1971 does not apply to any
21municipality which is a home rule unit, except as provided in
22item (12).
23(Source: P.A. 95-475, eff. 1-1-08; 96-904, eff. 1-1-11.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".