101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1019

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12001  from Ch. 34, par. 5-12001

    Amends the Counties Code. Makes a technical change in a Section concerning county zoning powers.


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A BILL FOR

 

HB1019LRB101 03231 AWJ 48239 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12001 as follows:
 
6    (55 ILCS 5/5-12001)  (from Ch. 34, par. 5-12001)
7    Sec. 5-12001. Authority to regulate and restrict location
8and use of structures. For the the purpose of promoting the
9public health, safety, morals, comfort and general welfare,
10conserving the values of property throughout the county,
11lessening or avoiding congestion in the public streets and
12highways, and lessening or avoiding the hazards to persons and
13damage to property resulting from the accumulation or runoff of
14storm or flood waters, the county board or board of county
15commissioners, as the case may be, of each county, shall have
16the power to regulate and restrict the location and use of
17buildings, structures and land for trade, industry, residence
18and other uses which may be specified by such board, to
19regulate and restrict the intensity of such uses, to establish
20building or setback lines on or along any street, trafficway,
21drive, parkway or storm or floodwater runoff channel or basin
22outside the limits of cities, villages and incorporated towns
23which have in effect municipal zoning ordinances; to divide the

 

 

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1entire county outside the limits of such cities, villages and
2incorporated towns into districts of such number, shape, area
3and of such different classes, according to the use of land and
4buildings, the intensity of such use (including height of
5buildings and structures and surrounding open space) and other
6classification as may be deemed best suited to carry out the
7purposes of this Division; to prohibit uses, buildings or
8structures incompatible with the character of such districts
9respectively; and to prevent additions to and alteration or
10remodeling of existing buildings or structures in such a way as
11to avoid the restrictions and limitations lawfully imposed
12hereunder: Provided, that permits with respect to the erection,
13maintenance, repair, alteration, remodeling or extension of
14buildings or structures used or to be used for agricultural
15purposes shall be issued free of any charge. The corporate
16authorities of the county may by ordinance require the
17construction of fences around or protective covers over
18previously constructed artificial basins of water dug in the
19ground and used for swimming or wading, which are located on
20private residential property and intended for the use of the
21owner and guests. In all ordinances or resolutions passed under
22the authority of this Division, due allowance shall be made for
23existing conditions, the conservation of property values, the
24directions of building development to the best advantage of the
25entire county, and the uses to which property is devoted at the
26time of the enactment of any such ordinance or resolution.

 

 

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1    The powers by this Division given shall not be exercised so
2as to deprive the owner of any existing property of its use or
3maintenance for the purpose to which it is then lawfully
4devoted, but provisions may be made for (i) the gradual
5elimination of the uses of unimproved lands or lot areas when
6the existing rights of the persons in possession are terminated
7or when the uses to which they are devoted are discontinued,
8(ii) the gradual elimination of uses to which the buildings and
9structures are devoted if they are adaptable to permitted uses,
10and (iii) the gradual elimination of the buildings and
11structures when they are destroyed or damaged in major part;
12nor shall they be exercised so as to impose regulations,
13eliminate uses, buildings, or structures, or require permits
14with respect to land used for agricultural purposes, which
15includes the growing of farm crops, truck garden crops, animal
16and poultry husbandry, apiculture, aquaculture, dairying,
17floriculture, horticulture, nurseries, tree farms, sod farms,
18pasturage, viticulture, and wholesale greenhouses when such
19agricultural purposes constitute the principal activity on the
20land, other than parcels of land consisting of less than 5
21acres from which $1,000 or less of agricultural products were
22sold in any calendar year in counties with a population between
23300,000 and 400,000 or in counties contiguous to a county with
24a population between 300,000 and 400,000, and other than
25parcels of land consisting of less than 5 acres in counties
26with a population in excess of 400,000, or with respect to the

 

 

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1erection, maintenance, repair, alteration, remodeling or
2extension of buildings or structures used or to be used for
3agricultural purposes upon such land except that such buildings
4or structures for agricultural purposes may be required to
5conform to building or set back lines and counties may
6establish a minimum lot size for residences on land used for
7agricultural purposes; nor shall any such powers be so
8exercised as to prohibit the temporary use of land for the
9installation, maintenance and operation of facilities used by
10contractors in the ordinary course of construction activities,
11except that such facilities may be required to be located not
12less than 1,000 feet from any building used for residential
13purposes, and except that the period of such temporary use
14shall not exceed the duration of the construction contract; nor
15shall any such powers include the right to specify or regulate
16the type or location of any poles, towers, wires, cables,
17conduits, vaults, laterals or any other similar distributing
18equipment of a public utility as defined in the Public
19Utilities Act, if the public utility is subject to the Messages
20Tax Act, the Gas Revenue Tax Act or the Public Utilities
21Revenue Act, or if such facilities or equipment are located on
22any rights of way and are used for railroad purposes, nor shall
23any such powers be exercised with respect to uses, buildings,
24or structures of a public utility as defined in the Public
25Utilities Act, nor shall any such powers be exercised in any
26respect as to the facilities, as defined in Section 5-12001.1,

 

 

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1of a telecommunications carrier, as also defined therein,
2except to the extent and in the manner set forth in Section
35-12001.1. As used in this Act, "agricultural purposes" do not
4include the extraction of sand, gravel or limestone, and such
5activities may be regulated by county zoning ordinance even
6when such activities are related to an agricultural purpose.
7    Nothing in this Division shall be construed to restrict the
8powers granted by statute to cities, villages and incorporated
9towns as to territory contiguous to but outside of the limits
10of such cities, villages and incorporated towns. Any zoning
11ordinance enacted by a city, village or incorporated town shall
12supersede, with respect to territory within the corporate
13limits of the municipality, any county zoning plan otherwise
14applicable. The powers granted to counties by this Division
15shall be treated as in addition to powers conferred by statute
16to control or approve maps, plats or subdivisions. In this
17Division, "agricultural purposes" include, without limitation,
18the growing, developing, processing, conditioning, or selling
19of hybrid seed corn, seed beans, seed oats, or other farm
20seeds.
21    Nothing in this Division shall be construed to prohibit the
22corporate authorities of a county from adopting an ordinance
23that exempts pleasure driveways or park districts, as defined
24in the Park District Code, with a population of greater than
25100,000, from the exercise of the county's powers under this
26Division.

 

 

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1    The powers granted by this Division may be used to require
2the creation and preservation of affordable housing, including
3the power to provide increased density or other zoning
4incentives to developers who are creating, establishing, or
5preserving affordable housing.
6(Source: P.A. 94-303, eff. 7-21-05.)