Illinois General Assembly - Full Text of SB0167
Illinois General Assembly

Previous General Assemblies

Full Text of SB0167  97th General Assembly

SB0167eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB0167 EngrossedLRB097 06790 KMW 46881 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 Illinois Municipal Code is amended by
5changing Sections 11-13-2 and 11-13-26 as follows:
 
6    (65 ILCS 5/11-13-2)  (from Ch. 24, par. 11-13-2)
7    Sec. 11-13-2. Zoning commission. Except as provided in
8Section 11-13-26, the The corporate authorities in each
9municipality which desires to exercise the powers conferred by
10this Division 13, or who have exercised such power and desire
11to adopt a new ordinance, shall provide for a zoning commission
12with the duty to recommend the boundaries of districts and
13appropriate regulations to be enforced therein. The commission
14shall be appointed by the mayor or president, subject to
15confirmation by the corporate authorities. The commission
16shall prepare a tentative report and a proposed zoning
17ordinance for the entire municipality. After the preparation of
18such a tentative report and ordinance, the commission shall
19hold a hearing thereon and shall afford persons interested an
20opportunity to be heard. Notice of the hearing shall be
21published at least once, not more than 30 nor less than 15 days
22before the hearing, in one or more newspapers published in the
23municipality, or, if no newspaper is published therein, then in

 

 

SB0167 Engrossed- 2 -LRB097 06790 KMW 46881 b

1one or more newspapers published in the county in which the
2municipality is located and having a general circulation within
3the municipality. The notice shall state the time and place of
4the hearing and the place where copies of the proposed
5ordinance will be accessible for examination by interested
6persons. The hearing may be adjourned from time to time.
7    Within 30 days after the final adjournment of the hearing
8the commission shall make a final report and submit a proposed
9ordinance for the entire municipality to the corporate
10authorities. The corporate authorities may enact the ordinance
11with or without change, or may refer it back to the commission
12for further consideration. The zoning commission shall cease to
13exist upon the adoption of a zoning ordinance for the entire
14municipality.
15(Source: P.A. 80-452.)
 
16    (65 ILCS 5/11-13-26)
17    Sec. 11-13-26. Wind farms.
18    (a) A municipality may regulate wind farms and
19electric-generating wind devices within its zoning
20jurisdiction and within the 1.5 mile radius surrounding its
21zoning jurisdiction. There shall be at least one public hearing
22not more than 30 days prior to a siting decision by the
23corporate authorities of a municipality. Notice of the hearing
24shall be published in a newspaper of general circulation in the
25municipality. A municipality may allow test wind towers to be

 

 

SB0167 Engrossed- 3 -LRB097 06790 KMW 46881 b

1sited without formal approval by the corporate authorities of
2the municipality. Test wind towers must be dismantled within 3
3years of installation. For the purposes of this Section, "test
4wind towers" are wind towers that are designed solely to
5collect wind generation data.
6    (b) A municipality may not require a wind tower or other
7renewable energy system that is used exclusively by an end user
8to be setback more than 1.1 times the height of the renewable
9energy system from the end user's property line. A setback
10requirement imposed by a municipality on a renewable energy
11system may not be more restrictive than as provided under this
12subsection. This subsection is a limitation of home rule powers
13and functions under subsection (i) of Section 6 of Article VII
14of the Illinois Constitution on the concurrent exercise by home
15rule units of powers and functions exercised by the State.
16    (c) A municipality may regulate wind farms and
17electric-generating wind devices pursuant to the authority
18granted under this Section without creating a zoning commission
19or adopting a zoning ordinance for the entire municipality.
20This subsection applies only to issues of siting, limited to
21the proposed location of wind farms and electric-generating
22wind devices. No further regulations may be imposed by the
23municipality without creating a zoning commission or adopting a
24zoning ordinance for the entire municipality. This subsection
25(c) applies to ordinances adopted before, on, or after the
26effective date of this amendatory Act of the 97th General

 

 

SB0167 Engrossed- 4 -LRB097 06790 KMW 46881 b

1Assembly by a municipality to regulate wind farms and
2electric-generating wind devices within 1.5 miles of the
3corporate boundaries of the municipality. No ordinance shall
4regulate wind farms that were permitted by a county with
5jurisdiction over the property prior to the effective date of
6the ordinance. In addition, any ordinance shall comply with the
7requirements of subsections (a) and (b) of Section 11-13-26.
8Except for permitted wind farms, any ordinance shall preempt
9county zoning regulations that might otherwise be applicable
10and no county siting approval shall be required within 1.5
11miles of the municipality.
12(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.