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90_SB1109eng
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
Amends the Counties Code. Provides that the corporate
authorities of a county may adopt an ordinance to impose
special use permits on the use of poles, towers, wires,
cables, conduits, vaults, laterals, or other similar
distributing equipment for a competitive telecommunications
service.
SRS90S0045PMch
SB1109 Engrossed SRS90S0045PMch
1 AN ACT to amend the Counties Code by changing Section
2 5-12001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12001 as follows:
7 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
8 Sec. 5-12001. Authority to regulate and restrict
9 location and use of structures.
10 For the purpose of promoting the public health, safety,
11 morals, comfort and general welfare, conserving the values of
12 property throughout the county, lessening or avoiding
13 congestion in the public streets and highways, and lessening
14 or avoiding the hazards to persons and damage to property
15 resulting from the accumulation or runoff of storm or flood
16 waters, the county board or board of county commissioners, as
17 the case may be, of each county, shall have the power to
18 regulate and restrict the location and use of buildings,
19 structures and land for trade, industry, residence and other
20 uses which may be specified by the such board, to regulate
21 and restrict the intensity of such uses, to establish
22 building or setback lines on or along any street, trafficway,
23 drive, parkway or storm or floodwater runoff channel or basin
24 outside the limits of cities, villages and incorporated towns
25 which have in effect municipal zoning ordinances; to divide
26 the entire county outside the limits of such cities, villages
27 and incorporated towns into districts of such number, shape,
28 area and of such different classes, according to the use of
29 land and buildings, the intensity of such use (including
30 height of buildings and structures and surrounding open
31 space) and other classification as may be deemed best suited
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1 to carry out the purposes of this Division; to prohibit uses,
2 buildings or structures incompatible with the character of
3 such districts respectively; and to prevent additions to and
4 alteration or remodeling of existing buildings or structures
5 in such a way as to avoid the restrictions and limitations
6 lawfully imposed hereunder: Provided, that permits with
7 respect to the erection, maintenance, repair, alteration,
8 remodeling or extension of buildings or structures used or to
9 be used for agricultural purposes shall be issued free of any
10 charge. The corporate authorities of the county may by
11 ordinance require the construction of fences around or
12 protective covers over previously constructed artificial
13 basins of water dug in the ground and used for swimming or
14 wading, which are located on private residential property and
15 intended for the use of the owner and guests. In all
16 ordinances or resolutions passed under the authority of this
17 Division, due allowance shall be made for existing
18 conditions, the conservation of property values, the
19 directions of building development to the best advantage of
20 the entire county, and the uses to which property is devoted
21 at the time of the enactment of any such ordinance or
22 resolution.
23 The powers by this Division given shall not be exercised
24 so as to deprive the owner of any existing property of its
25 use or maintenance for the purpose to which it is then
26 lawfully devoted; nor shall they be exercised so as to impose
27 regulations or require permits with respect to land used or
28 to be used for agricultural purposes, other than parcels of
29 land consisting of less than 5 acres from which $1,000 or
30 less of agricultural products were sold in any calendar year
31 in counties with a population between 300,000 and 400,000 or
32 in counties contiguous to a county with a population between
33 300,000 and 400,000, and other than parcels of land
34 consisting of less than 5 acres in counties with a population
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1 in excess of 400,000, or with respect to the erection,
2 maintenance, repair, alteration, remodeling or extension of
3 buildings or structures used or to be used for agricultural
4 purposes upon such land except that such buildings or
5 structures for agricultural purposes may be required to
6 conform to building or set back lines; nor shall any such
7 powers be so exercised as to prohibit the temporary use of
8 land for the installation, maintenance and operation of
9 facilities used by contractors in the ordinary course of
10 construction activities, except that such facilities may be
11 required to be located not less than 1,000 feet from any
12 building used for residential purposes, and except that the
13 period of such temporary use shall not exceed the duration of
14 the construction contract; nor shall any such powers include
15 the right to specify or regulate the type or location of any
16 poles, towers, wires, cables, conduits, vaults, laterals or
17 any other similar distributing equipment of a public utility
18 as defined in The Public utilities Act, if the public utility
19 is subject to The Messages Tax Act, The Gas Revenue Tax Act
20 or The Public Utilities Revenue Act, or if such facilities or
21 equipment are located on any rights of way and are used for
22 railroad purposes. As used in this Act, "agricultural
23 purposes" do not include the extraction of sand, gravel or
24 limestone, and such activities may be regulated by county
25 zoning ordinance even when such activities are related to an
26 agricultural purpose.
27 Nothing in this Division shall be construed to restrict
28 the powers granted by statute to cities, villages and
29 incorporated towns as to territory contiguous to but outside
30 of the limits of such cities, villages and incorporated
31 towns. Any zoning ordinance enacted by a city, village or
32 incorporated town shall supersede, with respect to territory
33 within the corporate limits of the municipality, any county
34 zoning plan otherwise applicable. The powers granted to
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1 counties by this Division shall be treated as in addition to
2 powers conferred by statute to control or approve maps, plats
3 or subdivisions. In this Division, "agricultural purposes"
4 include, without limitation, the growing, developing,
5 processing, conditioning, or selling of hybrid seed corn,
6 seed beans, seed oats, or other farm seeds.
7 Nothing in this Division shall be construed to prohibit
8 the corporate authorities of a county from adopting an
9 ordinance that exempts pleasure driveways or park districts,
10 as defined in the Park District Code, with a population of
11 greater than 100,000, from the exercise of the county's
12 powers under this Division.
13 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)