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90_SB1109ham001
LRB9005402MWpcam03
1 AMENDMENT TO SENATE BILL 1109
2 AMENDMENT NO. . Amend Senate Bill 1109, by replacing
3 the title with the following:
4 "AN ACT concerning county zoning, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Section 5-12001 and adding Section 5-12001.1 as follows:
10 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
11 Sec. 5-12001. Authority to regulate and restrict
12 location and use of structures.
13 For the purpose of promoting the public health, safety,
14 morals, comfort and general welfare, conserving the values of
15 property throughout the county, lessening or avoiding
16 congestion in the public streets and highways, and lessening
17 or avoiding the hazards to persons and damage to property
18 resulting from the accumulation or runoff of storm or flood
19 waters, the county board or board of county commissioners, as
20 the case may be, of each county, shall have the power to
21 regulate and restrict the location and use of buildings,
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1 structures and land for trade, industry, residence and other
2 uses which may be specified by such board, to regulate and
3 restrict the intensity of such uses, to establish building or
4 setback lines on or along any street, trafficway, drive,
5 parkway or storm or floodwater runoff channel or basin
6 outside the limits of cities, villages and incorporated towns
7 which have in effect municipal zoning ordinances; to divide
8 the entire county outside the limits of such cities, villages
9 and incorporated towns into districts of such number, shape,
10 area and of such different classes, according to the use of
11 land and buildings, the intensity of such use (including
12 height of buildings and structures and surrounding open
13 space) and other classification as may be deemed best suited
14 to carry out the purposes of this Division; to prohibit uses,
15 buildings or structures incompatible with the character of
16 such districts respectively; and to prevent additions to and
17 alteration or remodeling of existing buildings or structures
18 in such a way as to avoid the restrictions and limitations
19 lawfully imposed hereunder: Provided, that permits with
20 respect to the erection, maintenance, repair, alteration,
21 remodeling or extension of buildings or structures used or to
22 be used for agricultural purposes shall be issued free of any
23 charge. The corporate authorities of the county may by
24 ordinance require the construction of fences around or
25 protective covers over previously constructed artificial
26 basins of water dug in the ground and used for swimming or
27 wading, which are located on private residential property and
28 intended for the use of the owner and guests. In all
29 ordinances or resolutions passed under the authority of this
30 Division, due allowance shall be made for existing
31 conditions, the conservation of property values, the
32 directions of building development to the best advantage of
33 the entire county, and the uses to which property is devoted
34 at the time of the enactment of any such ordinance or
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1 resolution.
2 The powers by this Division given shall not be exercised
3 so as to deprive the owner of any existing property of its
4 use or maintenance for the purpose to which it is then
5 lawfully devoted; nor shall they be exercised so as to impose
6 regulations or require permits with respect to land used or
7 to be used for agricultural purposes, other than parcels of
8 land consisting of less than 5 acres from which $1,000 or
9 less of agricultural products were sold in any calendar year
10 in counties with a population between 300,000 and 400,000 or
11 in counties contiguous to a county with a population between
12 300,000 and 400,000, and other than parcels of land
13 consisting of less than 5 acres in counties with a population
14 in excess of 400,000, or with respect to the erection,
15 maintenance, repair, alteration, remodeling or extension of
16 buildings or structures used or to be used for agricultural
17 purposes upon such land except that such buildings or
18 structures for agricultural purposes may be required to
19 conform to building or set back lines; nor shall any such
20 powers be so exercised as to prohibit the temporary use of
21 land for the installation, maintenance and operation of
22 facilities used by contractors in the ordinary course of
23 construction activities, except that such facilities may be
24 required to be located not less than 1,000 feet from any
25 building used for residential purposes, and except that the
26 period of such temporary use shall not exceed the duration of
27 the construction contract; nor shall any such powers include
28 the right to specify or regulate the type or location of any
29 poles, towers, wires, cables, conduits, vaults, laterals or
30 any other similar distributing equipment of a public utility
31 as defined in The Public utilities Act, if the public utility
32 is subject to The Messages Tax Act, The Gas Revenue Tax Act
33 or The Public Utilities Revenue Act, or if such facilities or
34 equipment are located on any rights of way and are used for
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1 railroad purposes, nor shall any such powers be exercised in
2 any respect as to the facilities, as defined in Section
3 5-12001.1, of a telecommunications carrier, as also defined
4 therein, except to the extent and in the manner set forth in
5 Section 5-12001.1. As used in this Act, "agricultural
6 purposes" do not include the extraction of sand, gravel or
7 limestone, and such activities may be regulated by county
8 zoning ordinance even when such activities are related to an
9 agricultural purpose.
10 Nothing in this Division shall be construed to restrict
11 the powers granted by statute to cities, villages and
12 incorporated towns as to territory contiguous to but outside
13 of the limits of such cities, villages and incorporated
14 towns. Any zoning ordinance enacted by a city, village or
15 incorporated town shall supersede, with respect to territory
16 within the corporate limits of the municipality, any county
17 zoning plan otherwise applicable. The powers granted to
18 counties by this Division shall be treated as in addition to
19 powers conferred by statute to control or approve maps, plats
20 or subdivisions. In this Division, "agricultural purposes"
21 include, without limitation, the growing, developing,
22 processing, conditioning, or selling of hybrid seed corn,
23 seed beans, seed oats, or other farm seeds.
24 Nothing in this Division shall be construed to prohibit
25 the corporate authorities of a county from adopting an
26 ordinance that exempts pleasure driveways or park districts,
27 as defined in the Park District Code, with a population of
28 greater than 100,000, from the exercise of the county's
29 powers under this Division.
30 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)
31 (55 ILCS 5/5-12001.1 new)
32 Sec. 5-12001.1. Authority to regulate certain specified
33 facilities of a telecommunications carrier.
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1 (a) Notwithstanding any other Section in this Division,
2 the county board or board of county commissioners of any
3 county shall have the power to regulate the location of the
4 facilities, as defined in subsection (c), of a
5 telecommunications carrier established outside the corporate
6 limits of cities, villages, and incorporated towns that have
7 municipal zoning ordinances in effect. The power shall only
8 be exercised to the extent and in the manner set forth in
9 this Section.
10 (b) The provisions of this Section shall not abridge any
11 rights created by or authority confirmed in the federal
12 Telecommunications Act of 1996, P.L. 104-104.
13 (c) As used in this Section, unless the context
14 otherwise requires:
15 (1) "county jurisdiction area" means those portions
16 of a county that lie outside the corporate limits of
17 cities, villages, and incorporated towns that have
18 municipal zoning ordinances in effect;
19 (2) "county board" means the county board or board
20 of county commissioners of any county;
21 (3) "residential zoning district" means a zoning
22 district that is designated under a county zoning
23 ordinance and is zoned predominantly for residential
24 uses;
25 (4) "non-residential zoning district" means the
26 county jurisdiction area of a county, except for those
27 portions within a residential zoning district;
28 (5) "residentially zoned lot" means a zoning lot in
29 a residential zoning district;
30 (6) "non-residentially zoned lot" means a zoning
31 lot in a non-residential zoning district;
32 (7) "telecommunications carrier" means a
33 telecommunications carrier as defined in the Public
34 Utilities Act as of January 1, 1997;
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1 (8) "facility" means that part of the signal
2 distribution system used or operated by a
3 telecommunications carrier under a license from the FCC
4 consisting of a combination of improvements and equipment
5 including (i) one or more antennas, (ii) a supporting
6 structure and the hardware by which antennas are
7 attached; (iii) equipment housing; and (iv) ancillary
8 equipment such as signal transmission cables and
9 miscellaneous hardware;
10 (9) "FAA" means the Federal Aviation Administration
11 of the United States Department of Transportation;
12 (10) "FCC" means the Federal Communications
13 Commission;
14 (11) "antenna" means an antenna device by which
15 radio signals are transmitted, received, or both;
16 (12) "supporting structure" means a structure,
17 whether an antenna tower or another type of structure,
18 that supports one or more antennas as part of a facility;
19 (13) "qualifying structure" means a supporting
20 structure that is (i) an existing structure if the height
21 of the facility, including the structure, is not more
22 than 15 feet higher than the structure just before the
23 facility is installed, or (ii) a substantially similar,
24 substantially same-location replacement of an existing
25 structure, if the height of the facility, including the
26 replacement structure, is not more than 15 feet higher
27 than the height of the existing structure just before the
28 facility is installed;
29 (14) "equipment housing" means a combination of one
30 or more equipment buildings or enclosures housing
31 equipment that operates in conjunction with the antennas
32 of a facility, and the equipment itself;
33 (15) "height of a facility" means the total height
34 of the facility's supporting structure and any antennas
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1 that will extend above the top of the supporting
2 structure; however, if the supporting structure's
3 foundation extends more than 3 feet above the uppermost
4 ground level along the perimeter of the foundation, then
5 each full foot in excess of 3 feet shall be counted as an
6 additional foot of facility height. The height of a
7 facility's supporting structure is to be measured from
8 the highest point of the supporting structure's
9 foundation;
10 (16) "facility lot" means the zoning lot on which a
11 facility is or will be located;
12 (17) "principal residential building" has its
13 common meaning but shall not include any building under
14 the same ownership as the land of the facility lot.
15 "Principal residential building" shall not include any
16 structure that is not designed for human habitation;
17 (18) "horizontal separation distance" means the
18 distance measured from the center of the base of the
19 facility's supporting structure to the point where the
20 ground meets a vertical wall of a principal residential
21 building; and
22 (19) "lot line set back distance" means the
23 distance measured from the center of the base of the
24 facility's supporting structure to the nearest point on
25 the common lot line between the facility lot and the
26 nearest residentially zoned lot. If there is no common
27 lot line, the measurement shall be made to the nearest
28 point on the lot line of the nearest residentially zoned
29 lot without deducting the width of any intervening right
30 of way.
31 (d) In choosing a location for a facility, a
32 telecommunications carrier shall consider the following:
33 (1) A non-residentially zoned lot is the most
34 desirable location.
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1 (2) A residentially zoned lot that is not used for
2 residential purposes is the second most desirable
3 location.
4 (3) A residentially zoned lot that is 2 acres or
5 more in size and is used for residential purposes is the
6 third most desirable location.
7 (4) A residentially zoned lot that is less than 2
8 acres in size and is used for residential purposes is the
9 least desirable location.
10 The size of a lot shall be the lot's gross area in square
11 feet without deduction of any unbuildable or unusable land,
12 any roadway, or any other easement.
13 (e) In designing a facility, a telecommunications
14 carrier shall consider the following guidelines:
15 (1) No building or tower that is part of a facility
16 should encroach onto any recorded easement prohibiting
17 the encroachment unless the grantees of the easement have
18 given their approval.
19 (2) Lighting should be installed for security and
20 safety purpose only. Except with respect to lighting
21 required by the FCC or FAA, all lighting should be
22 shielded so that no glare extends substantially beyond
23 the boundaries of a facility.
24 (3) No facility should encroach onto an existing
25 septic field.
26 (4) Any facility located in a special flood hazard
27 area or wetland should meet the legal requirements for
28 those lands.
29 (5) Existing trees more than 3 inches in diameter
30 should be preserved. If any tree more than 3 inches in
31 diameter is removed during construction a tree 3 inches
32 or more in diameter of the same or a similar species
33 shall be planted as a replacement if reasonably feasible.
34 Tree diameter shall be measured at a point 3 feet above
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1 ground level.
2 (6) If any elevation of a facility faces an
3 existing, adjoining residential use within a residential
4 zoning district, low maintenance landscaping should be
5 provided on or near the facility lot to provide at least
6 partial screening of the facility. The quantity and type
7 of that landscaping should be in accordance with any
8 county landscaping regulations of general applicability,
9 except that paragraph (5) of this subsection (e) shall
10 control over any tree-related regulations imposing a
11 greater burden.
12 (7) Fencing should be installed around a facility.
13 The height and materials of the fencing should be in
14 accordance with any county fence regulations of general
15 applicability.
16 (8) Any building that is part of a facility located
17 adjacent to a residentially zoned lot should be designed
18 with exterior materials and colors that are reasonably
19 compatible with the residential character of the area.
20 (f) The following provisions shall apply to all
21 facilities established in any county jurisdiction area after
22 the effective date of the amendatory Act of 1997:
23 (1) Except as provided in this Section, no yard or
24 set back regulations shall apply to or be required for a
25 facility.
26 (2) A facility may be located on the same zoning
27 lot as one or more other structures or uses without
28 violating any ordinance or regulation that prohibits or
29 limits multiple structures, buildings, or uses on a
30 zoning lot.
31 (3) No minimum lot area, width, or depth shall
32 required for a facility, and unless the facility is to be
33 manned on a regular, daily basis, no off-street parking
34 spaces shall be required for a facility. If the facility
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1 is to be manned on a regular, daily basis, one off-street
2 parking space shall be provided for each employee
3 regularly at the facility. No loading facilities are
4 required.
5 (4) No portion of a facility's supporting structure
6 or equipment housing shall be less than 15 feet from the
7 front lot line of the facility lot or less that 10 feet
8 from any other lot line.
9 (5) No bulk regulations or lot coverage, building
10 coverage, or floor area ratio limitations shall be
11 applied to a facility or to any existing use or structure
12 coincident with the establishment of a facility. Except
13 as provided in this Section, no height limits or
14 restrictions shall apply to a facility.
15 (6) A county's review of a building permit
16 application for a facility shall be completed within 30
17 days. If a decision of the county board is required to
18 permit the establishment of a facility, the county's
19 review of the application shall be simultaneous with the
20 process leading to the county board's decision.
21 (7) The improvements and equipment comprising the
22 facility may be wholly or partly freestanding or wholly
23 or partly attached to, enclosed in, or installed in or on
24 a structure or structures.
25 (8) Any public hearing authorized under this
26 Section shall be conducted in a manner determined by the
27 county board. Notice of any such public hearing shall be
28 published at least 15 days before the hearing in a
29 newspaper of general circulation published in the county.
30 (9) Any decision regarding a facility by the county
31 board or a county agency or official shall be supported
32 by written findings of fact. The circuit court shall
33 have jurisdiction to review the reasonableness of any
34 adverse decision and the plaintiff shall bear the burden
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1 of proof, but there shall be no presumption of the
2 validity of the decision.
3 (g) The following provisions shall apply to all
4 facilities established after the effective date of this
5 amendatory Act of 1997 in the county jurisdiction area of any
6 county with a population of less than 180,000:
7 (1) A facility is permitted if its supporting
8 structure is a qualifying structure or if both of the
9 following conditions are met:
10 (A) the height of the facility shall not
11 exceed 200 feet, except that if a facility is
12 located more than one and one-half miles from the
13 corporate limits of any municipality with a
14 population of 25,000 or more the height of the
15 facility shall not exceed 350 feet; and
16 (B) the horizontal separation distance to the
17 nearest principal residential building shall not be
18 less than the height of the supporting structure;
19 except that if the supporting structure exceeds 99
20 feet in height, the horizontal separation distance
21 to the nearest principal residential building shall
22 be at least 100 feet or 80% of the height of the
23 supporting structure, whichever is greater.
24 Compliance with this paragraph shall only be
25 evaluated as of the time that a building permit
26 application for the facility is submitted. If the
27 supporting structure is not an antenna tower this
28 paragraph is satisfied.
29 (2) Unless a facility is permitted under paragraph
30 (1) of this subsection (g), a facility can be established
31 only after the county board gives its approval following
32 consideration of the provisions of paragraph (3) of this
33 subsection (g). The county board may give its approval
34 after one public hearing on the proposal, but only after
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1 the favorable vote of a majority of the members present
2 at a meeting held no later than 75 days after submission
3 of a complete application by the telecommunications
4 carrier. If the county board fails to act on the
5 application within 75 days after its submission, the
6 application shall be deemed to have been approved. No
7 more than one public hearing shall be required.
8 (3) For purposes of paragraph (2) of this
9 subsection (g), the following siting considerations, but
10 no other matter, shall be considered by the county board
11 or any other body conducting the public hearing:
12 (A) the criteria in subsection (d) of this
13 Section;
14 (B) whether a substantial adverse effect on
15 public safety will result from some aspect of the
16 facility's design or proposed construction, but only
17 if that aspect of design or construction is
18 modifiable by the applicant;
19 (C) the benefits to be derived by the users of
20 the services to be provided or enhanced by the
21 facility and whether public safety and emergency
22 response capabilities would benefit by the
23 establishment of the facility;
24 (D) the existing uses on adjacent and nearby
25 properties; and
26 (E) the extent to which the design of the
27 proposed facility reflects compliance with
28 subsection (e) of this Section.
29 (4) On judicial review of an adverse decision, the
30 issue shall be the reasonableness of the county board's
31 decision in light of the evidence presented on the siting
32 considerations and the well-reasoned recommendations of
33 any other body that conducts the public hearing.
34 (h) The following provisions shall apply to all
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1 facilities established after the effective date of this
2 amendatory Act of 1997 in the county jurisdiction area of any
3 county with a population of 180,000 or more. A facility is
4 permitted in any zoning district subject to the following:
5 (1) A facility shall not be located on a lot under
6 paragraph (4) of subsection (d) unless a variation is
7 granted by the county board under paragraph (4) of this
8 subsection (h).
9 (2) Unless a height variation is granted by the
10 county board, the height of a facility shall not exceed
11 75 feet if the facility will be located in a residential
12 zoning district or 200 feet if the facility will be
13 located in a non-residential zoning district. However,
14 the height of a facility may exceed the height limit in
15 this paragraph, and no height variation shall be
16 required, if the supporting structure is a qualifying
17 structure.
18 (3) The improvements and equipment of the facility
19 shall be placed to comply with the requirements of this
20 paragraph at the time a building permit application for
21 the facility is submitted. If the supporting structure
22 is an antenna tower other than a qualifying structure
23 then (i) if the facility will be located in a residential
24 zoning district the lot line set back distance to the
25 nearest residentially zoned lot shall be at least 50% of
26 the height of the facility's supporting structure or (ii)
27 if the facility will be located in a non-residential
28 zoning district the horizontal separation distance to the
29 nearest principal residential building shall be at least
30 equal to the height of the facility's supporting
31 structure.
32 (4) The county board may grant variations for any
33 of the regulations, conditions, and restrictions of this
34 subsection (h), after one public hearing on the proposed
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1 variations, by a favorable vote of a majority of the
2 members present at a meeting held no later than 75 days
3 after submission of an application by the
4 telecommunications carrier. If the county board fails to
5 act on the application within 75 days after submission,
6 the application shall be deemed to have been approved.
7 In its consideration of an application for variations,
8 the county board, and any other body conducting the
9 public hearing, shall consider the following, and no
10 other matters:
11 (A) whether, but for the granting of a
12 variation, the service that the telecommunications
13 carrier seeks to enhance or provide with the
14 proposed facility will be less available, impaired,
15 or diminished in quality, quantity, or scope of
16 coverage;
17 (B) whether the conditions upon which the
18 application for variations is based are unique in
19 some respect or, if not, whether the strict
20 application of the regulations would result in a
21 hardship on the telecommunications carrier;
22 (C) whether a substantial adverse effect on
23 public safety will result from some aspect of the
24 facility's design or proposed construction, but only
25 if that aspect of design or construction is
26 modifiable by the applicant;
27 (D) whether there are benefits to be derived
28 by the users of the services to be provided or
29 enhanced by the facility and whether public safety
30 and emergency response capabilities would benefit by
31 the establishment of the facility; and
32 (E) the extent to which the design of the
33 proposed facility reflects compliance with
34 subsection (e) of this Section.
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1 No more than one public hearing shall be required.
2 (5) On judicial review of an adverse decision, the
3 issue shall be the reasonableness of the county board's
4 decision in light of the evidence presented and the
5 well-reasoned recommendations of any other body that
6 conducted the public hearing.
7 Section 10. The Township Code is amended by changing
8 Section 110-5 as follows:
9 (60 ILCS 1/110-5)
10 Sec. 110-5. Application of Article.
11 (a) This Article applies only in those townships in
12 which the electors of the township, at an annual or special
13 township meeting, authorize the township board to exercise
14 the powers conferred by this Article.
15 (b) This Article does not apply in any county in which a
16 county zoning ordinance or resolution is in effect. A county
17 zoning ordinance or resolution adopted after the adoption of
18 a township zoning ordinance or resolution under this Article
19 supersedes the township zoning ordinance or resolution.
20 (c) Regulations adopted under this Article do not apply
21 to any area that is governed by a municipal zoning ordinance.
22 (d) This Article does not apply to the facilities of a
23 telecommunications carrier defined in Section 5-12001.1 of
24 the Counties Code.
25 (Source: P.A. 82-783; 88-62.)
26 Section 15. The Illinois Municipal Code is amended by
27 changing Section 11-13-1 as follows:
28 (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
29 Sec. 11-13-1. To the end that adequate light, pure air,
30 and safety from fire and other dangers may be secured, that
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1 the taxable value of land and buildings throughout the
2 municipality may be conserved, that congestion in the public
3 streets may be lessened or avoided, that the hazards to
4 persons and damage to property resulting from the
5 accumulation or runoff of storm or flood waters may be
6 lessened or avoided, and that the public health, safety,
7 comfort, morals, and welfare may otherwise be promoted, and
8 to insure and facilitate the preservation of sites, areas,
9 and structures of historical, architectural and aesthetic
10 importance; the corporate authorities in each municipality
11 have the following powers:
12 (1) To regulate and limit the height and bulk of
13 buildings hereafter to be erected; (2) to establish,
14 regulate and limit, subject to the provisions of Division
15 14 of this Article 11, the building or set-back lines on
16 or along any street, traffic-way, drive, parkway or storm
17 or floodwater runoff channel or basin; (3) to regulate
18 and limit the intensity of the use of lot areas, and to
19 regulate and determine the area of open spaces, within
20 and surrounding such buildings; (4) to classify, regulate
21 and restrict the location of trades and industries and
22 the location of buildings designed for specified
23 industrial, business, residential, and other uses; (5) to
24 divide the entire municipality into districts of such
25 number, shape, area, and of such different classes
26 (according to use of land and buildings, height and bulk
27 of buildings, intensity of the use of lot area, area of
28 open spaces, or other classification) as may be deemed
29 best suited to carry out the purposes of this Division
30 13; (6) to fix standards to which buildings or structures
31 therein shall conform; (7) to prohibit uses, buildings,
32 or structures incompatible with the character of such
33 districts; (8) to prevent additions to and alteration or
34 remodeling of existing buildings or structures in such a
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1 way as to avoid the restrictions and limitations lawfully
2 imposed under this Division 13; (9) to classify, to
3 regulate and restrict the use of property on the basis of
4 family relationship, which family relationship may be
5 defined as one or more persons each related to the other
6 by blood, marriage or adoption and maintaining a common
7 household; and (10) to regulate or forbid any structure
8 or activity which may hinder access to solar energy
9 necessary for the proper functioning of a solar energy
10 system, as defined in Section 1.2 of The Comprehensive
11 Solar Energy Act of 1977.
12 The powers enumerated may be exercised within the
13 corporate limits or within contiguous territory not more than
14 one and one-half miles beyond the corporate limits and not
15 included within any municipality. However, if any
16 municipality adopts a plan pursuant to Division 12 of Article
17 11 which plan includes in its provisions a provision that the
18 plan applies to such contiguous territory not more than one
19 and one-half miles beyond the corporate limits and not
20 included in any municipality, then no other municipality
21 shall adopt a plan that shall apply to any territory included
22 within the territory provided in the plan first so adopted by
23 another municipality. No municipality shall exercise any
24 power set forth in this Division 13 outside the corporate
25 limits thereof, if the county in which such municipality is
26 situated has adopted "An Act in relation to county zoning",
27 approved June 12, 1935, as amended. No municipality may
28 exercise any power set forth in this Division 13 outside the
29 corporate limits of the municipality with respect to a
30 facility of a telecommunications carrier defined in Section
31 5-12001.1 of the Counties Code. If a municipality adopts a
32 zoning plan covering an area outside its corporate limits,
33 the plan adopted shall be reasonable with respect to the area
34 outside the corporate limits so that future development will
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1 not be hindered or impaired; it is reasonable for a
2 municipality to regulate or prohibit the extraction of sand,
3 gravel, or limestone even when those activities are related
4 to an agricultural purpose. If all or any part of the area
5 outside the corporate limits of a municipality which has been
6 zoned in accordance with the provisions of this Division 13
7 is annexed to another municipality or municipalities, the
8 annexing unit shall thereafter exercise all zoning powers and
9 regulations over the annexed area.
10 In all ordinances passed under the authority of this
11 Division 13, due allowance shall be made for existing
12 conditions, the conservation of property values, the
13 direction of building development to the best advantage of
14 the entire municipality and the uses to which the property is
15 devoted at the time of the enactment of such an ordinance.
16 The powers conferred by this Division 13 shall not be
17 exercised so as to deprive the owner of any existing property
18 of its use or maintenance for the purpose to which it is then
19 lawfully devoted, but provisions may be made for the gradual
20 elimination of uses, buildings and structures which are
21 incompatible with the character of the districts in which
22 they are made or located, including, without being limited
23 thereto, provisions (a) for the elimination of such uses of
24 unimproved lands or lot areas when the existing rights of the
25 persons in possession thereof are terminated or when the uses
26 to which they are devoted are discontinued; (b) for the
27 elimination of uses to which such buildings and structures
28 are devoted, if they are adaptable for permitted uses; and
29 (c) for the elimination of such buildings and structures when
30 they are destroyed or damaged in major part, or when they
31 have reached the age fixed by the corporate authorities of
32 the municipality as the normal useful life of such buildings
33 or structures.
34 This amendatory Act of 1971 does not apply to any
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1 municipality which is a home rule unit.
2 (Source: P.A. 86-1025.)".