093_SB1576

 
                                     LRB093 04299 MKM 04345 b

 1        AN ACT in relation to zoning.

 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. Zoning powers. To  the  end  that  adequate
 8    light,  pure  air, and safety from fire and other dangers may
 9    be secured, that the taxable  value  of  land  and  buildings
10    throughout the municipality may be conserved, that congestion
11    in  the  public  streets may be lessened or avoided, that the
12    hazards to 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  upon
33    becoming law.