Full Text of HB0473 103rd General Assembly
HB0473ham001 103RD GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 4/15/2024 | | 10300HB0473ham001 | | LRB103 04043 AWJ 69848 a |
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| 1 | | AMENDMENT TO HOUSE BILL 473
| 2 | | AMENDMENT NO. ______. Amend House Bill 473 by replacing | 3 | | everything after the enacting clause with the following: | 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. | 8 | | (a) To the end that adequate light, pure air, and safety | 9 | | from fire and other dangers may be secured, that the taxable | 10 | | value of land and buildings throughout the municipality may be | 11 | | conserved, that congestion in the public streets may be | 12 | | lessened or avoided, that the hazards to persons and damage to | 13 | | property resulting from the accumulation or runoff of storm or | 14 | | flood waters may be lessened or avoided, and that the public | 15 | | health, safety, comfort, morals, and welfare may otherwise be | 16 | | promoted, and to insure and facilitate the preservation of |
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| 1 | | sites, areas, and structures of historical, architectural and | 2 | | aesthetic importance; the corporate authorities in each | 3 | | municipality have the following powers: | 4 | | (1) to regulate and limit the height and bulk of | 5 | | buildings hereafter to be erected; | 6 | | (2) to establish, regulate and limit, subject to the | 7 | | provisions of Division 14 of this Article 11, the building | 8 | | or set-back lines on or along any street, traffic-way, | 9 | | drive, parkway or storm or floodwater runoff channel or | 10 | | basin; | 11 | | (3) to regulate and limit the intensity of the use of | 12 | | lot areas, and to regulate and determine the area of open | 13 | | spaces, within and surrounding such buildings; | 14 | | (4) to classify, regulate and restrict the location of | 15 | | trades and industries and the location of buildings | 16 | | designed for specified industrial, business, residential, | 17 | | and other uses; | 18 | | (5) to divide the entire municipality into districts | 19 | | of such number, shape, area, and of such different classes | 20 | | (according to use of land and buildings, height and bulk | 21 | | of buildings, intensity of the use of lot area, area of | 22 | | open spaces, or other classification) as may be deemed | 23 | | best suited to carry out the purposes of this Division 13; | 24 | | (6) to fix standards to which buildings or structures | 25 | | therein shall conform; | 26 | | (7) to prohibit uses, buildings, or structures |
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| 1 | | incompatible with the character of such districts; | 2 | | (8) to prevent additions to and alteration or | 3 | | remodeling of existing buildings or structures in such a | 4 | | way as to avoid the restrictions and limitations lawfully | 5 | | imposed under this Division 13; | 6 | | (9) (blank); to classify, to regulate and restrict the | 7 | | use of property on the basis of family relationship, which | 8 | | family relationship may be defined as one or more persons | 9 | | each related to the other by blood, marriage or adoption | 10 | | and maintaining a common household; | 11 | | (10) to regulate or forbid any structure or activity | 12 | | which may hinder access to solar energy necessary for the | 13 | | proper functioning of a solar energy system, as defined in | 14 | | Section 1.2 of the Comprehensive Solar Energy Act of 1977; | 15 | | (11) to require the creation and preservation of | 16 | | affordable housing, including the power to provide | 17 | | increased density or other zoning incentives to developers | 18 | | who are creating, establishing, or preserving affordable | 19 | | housing; and | 20 | | (12) to establish local standards solely for the | 21 | | review of the exterior design of buildings and structures, | 22 | | excluding utility facilities and outdoor off-premises | 23 | | advertising signs, and designate a board or commission to | 24 | | implement the review process; except that, other than | 25 | | reasonable restrictions as to size, no home rule or | 26 | | non-home rule municipality may prohibit the display of |
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| 1 | | outdoor political campaign signs on residential property | 2 | | during any period of time, the regulation of these signs | 3 | | being a power and function of the State and, therefor, | 4 | | this item (12) is a denial and limitation of concurrent | 5 | | home rule powers and functions under subsection (i) of | 6 | | Section 6 of Article VII of the Illinois Constitution. | 7 | | (b) The powers enumerated in this Section may not be used | 8 | | in any way that violates or otherwise contradicts any other | 9 | | applicable State or federal law, including the federal Fair | 10 | | Housing Act and the Americans with Disabilities Act. | 11 | | (c) A municipality may not adopt zoning regulations that | 12 | | prohibit 4 or more individuals who are not related by blood | 13 | | from living together in the same residence. | 14 | | (d) A municipality may not adopt zoning regulations that | 15 | | prohibit the creation of a community-integrated living | 16 | | arrangement or housing for a community-integrated living | 17 | | arrangement; except that the municipality may regulate the | 18 | | size of a community-integrated living arrangement's facilities | 19 | | but, if a community-integrated living arrangement has multiple | 20 | | buildings or there are multiple community-integrated living | 21 | | arrangement facilities next to each other, the size of each | 22 | | building must be measured individually and cannot be | 23 | | aggregated. There is no restriction on a municipality's powers | 24 | | to regulate housing for a community-integrated living | 25 | | arrangement if the housing is not owned and operated by a | 26 | | not-for-profit organization registered in the State of |
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| 1 | | Illinois or a not-for-profit organization operating the | 2 | | housing does not provide on-site services and support for its | 3 | | residents. | 4 | | (e) The powers enumerated may be exercised within the | 5 | | corporate limits or within contiguous territory not more than | 6 | | one and one-half miles beyond the corporate limits and not | 7 | | included within any municipality. However, if any municipality | 8 | | adopts a plan pursuant to Division 12 of Article 11 which plan | 9 | | includes in its provisions a provision that the plan applies | 10 | | to such contiguous territory not more than one and one-half | 11 | | miles beyond the corporate limits and not included in any | 12 | | municipality, then no other municipality shall adopt a plan | 13 | | that shall apply to any territory included within the | 14 | | territory provided in the plan first so adopted by another | 15 | | municipality. No municipality shall exercise any power set | 16 | | forth in this Division 13 outside the corporate limits | 17 | | thereof, if the county in which such municipality is situated | 18 | | has adopted "An Act in relation to county zoning", approved | 19 | | June 12, 1935, as amended. Nothing in this Section prevents a | 20 | | municipality of more than 112,000 population located in a | 21 | | county of less than 185,000 population that has adopted a | 22 | | zoning ordinance and the county that adopted the zoning | 23 | | ordinance from entering into an intergovernmental agreement | 24 | | that allows the municipality to exercise its zoning powers | 25 | | beyond its territorial limits; provided, however, that the | 26 | | intergovernmental agreement must be limited to the territory |
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| 1 | | within the municipality's planning jurisdiction as defined by | 2 | | law or any existing boundary agreement. The county and the | 3 | | municipality must amend their individual zoning maps in the | 4 | | same manner as other zoning changes are incorporated into | 5 | | revised zoning maps. No such intergovernmental agreement may | 6 | | authorize a municipality to exercise its zoning powers, other | 7 | | than powers that a county may exercise under Section 5-12001 | 8 | | of the Counties Code, with respect to land used for | 9 | | agricultural purposes. This amendatory Act of the 92nd General | 10 | | Assembly is declarative of existing law. No municipality may | 11 | | exercise any power set forth in this Division 13 outside the | 12 | | corporate limits of the municipality with respect to a | 13 | | facility of a telecommunications carrier defined in Section | 14 | | 5-12001.1 of the Counties Code. | 15 | | (f) Notwithstanding any other provision of law to the | 16 | | contrary, 30 days prior to the issuance of any permits for a | 17 | | new telecommunications facility within 1.5 miles of a | 18 | | municipality, the telecommunications carrier constructing the | 19 | | facility shall provide written notice of its intent to | 20 | | construct the facility. The notice shall include, but not be | 21 | | limited to, the following information: (i) the name, address, | 22 | | and telephone number of the company responsible for the | 23 | | construction of the facility, (ii) the address and telephone | 24 | | number of the governmental entity that is to issue the | 25 | | building permit for the telecommunications facility, (iii) a | 26 | | site plan and site map of sufficient specificity to indicate |
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| 1 | | both the location of the parcel where the telecommunications | 2 | | facility is to be constructed and the location of all the | 3 | | telecommunications facilities within that parcel, and (iv) the | 4 | | property index number and common address of the parcel where | 5 | | the telecommunications facility is to be located. The notice | 6 | | shall not contain any material that appears to be an | 7 | | advertisement for the telecommunications carrier or any | 8 | | services provided by the telecommunications carrier. The | 9 | | notice shall be provided in person, by overnight private | 10 | | courier, or by certified mail to all owners of property within | 11 | | 250 feet of the parcel in which the telecommunications carrier | 12 | | has a leasehold or ownership interest. For the purposes of | 13 | | this notice requirement, "owners" means those persons or | 14 | | entities identified from the authentic tax records of the | 15 | | county in which the telecommunications facility is to be | 16 | | located. If, after a bona fide effort by the | 17 | | telecommunications carrier to determine the owner and his or | 18 | | her address, the owner of the property on whom the notice must | 19 | | be served cannot be found at the owner's last known address, or | 20 | | if the mailed notice is returned because the owner cannot be | 21 | | found at the last known address, the notice requirement of | 22 | | this paragraph is deemed satisfied. For the purposes of this | 23 | | paragraph, "facility" means that term as it is defined in | 24 | | Section 5-12001.1 of the Counties Code. | 25 | | (g) If a municipality adopts a zoning plan covering an | 26 | | area outside its corporate limits, the plan adopted shall be |
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| 1 | | reasonable with respect to the area outside the corporate | 2 | | limits so that future development will not be hindered or | 3 | | impaired; it is reasonable for a municipality to regulate or | 4 | | prohibit the extraction of sand, gravel, or limestone even | 5 | | when those activities are related to an agricultural purpose. | 6 | | If all or any part of the area outside the corporate limits of | 7 | | a municipality which has been zoned in accordance with the | 8 | | provisions of this Division 13 is annexed to another | 9 | | municipality or municipalities, the annexing unit shall | 10 | | thereafter exercise all zoning powers and regulations over the | 11 | | annexed area. | 12 | | (h) In all ordinances passed under the authority of this | 13 | | Division 13, due allowance shall be made for existing | 14 | | conditions, the conservation of property values, the direction | 15 | | of building development to the best advantage of the entire | 16 | | municipality and the uses to which the property is devoted at | 17 | | the time of the enactment of such an ordinance. The powers | 18 | | conferred by this Division 13 shall not be exercised so as to | 19 | | deprive the owner of any existing property of its use or | 20 | | maintenance for the purpose to which it is then lawfully | 21 | | devoted, but provisions may be made for the gradual | 22 | | elimination of uses, buildings and structures which are | 23 | | incompatible with the character of the districts in which they | 24 | | are made or located, including, without being limited thereto, | 25 | | provisions (a) for the elimination of such uses of unimproved | 26 | | lands or lot areas when the existing rights of the persons in |
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| 1 | | possession thereof are terminated or when the uses to which | 2 | | they are devoted are discontinued; (b) for the elimination of | 3 | | uses to which such buildings and structures are devoted, if | 4 | | they are adaptable for permitted uses; and (c) for the | 5 | | elimination of such buildings and structures when they are | 6 | | destroyed or damaged in major part, or when they have reached | 7 | | the age fixed by the corporate authorities of the municipality | 8 | | as the normal useful life of such buildings or structures. | 9 | | (i) This amendatory Act of 1971 does not apply to any | 10 | | municipality which is a home rule unit, except as provided in | 11 | | item (12) of subsection (a) . | 12 | | (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)". |
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