State of Illinois
91st General Assembly
Legislation

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91_HB2093

 
                                               LRB9103744DHmg

 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 such board,  to  regulate  and
21    restrict the intensity of such uses, to establish building or
22    setback  lines  on  or  along  any street, trafficway, drive,
23    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, but provisions may  be  made  for  (i)  the
27    gradual  elimination  of  the uses of unimproved lands or lot
28    areas when the existing rights of the persons  in  possession
29    are terminated or when the uses to which they are devoted are
30    discontinued,  (ii)  the gradual elimination of uses to which
31    the  buildings  and  structures  are  devoted  if  they   are
32    adaptable   to   permitted   uses,   and  (iii)  the  gradual
33    elimination of the buildings and  structures  when  they  are
34    destroyed  or  damaged  in  major  part;  nor  shall  they be
 
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 1    exercised  so  as  to  impose  regulations,  eliminate  uses,
 2    buildings, or structures, or require permits with respect  to
 3    land  used  for  agricultural  purposes,  which  includes the
 4    growing of farm crops, truck garden crops, animal and poultry
 5    husbandry, apiculture, aquaculture,  dairying,  floriculture,
 6    horticulture,  nurseries,  tree  farms, sod farms, pasturage,
 7    viticulture,   and   wholesale    greenhouses    when    such
 8    agricultural  purposes  constitute  the principal activity on
 9    the land, other than parcels of land consisting of less  than
10    5  acres  from  which $1,000 or less of agricultural products
11    were sold in any calendar year in counties with a  population
12    between  300,000  and  400,000 or in counties contiguous to a
13    county with a population between  300,000  and  400,000,  and
14    other than parcels of land consisting of less than 5 acres in
15    counties  with  a  population  in  excess of 400,000, or with
16    respect to the  erection,  maintenance,  repair,  alteration,
17    remodeling or extension of buildings or structures used or to
18    be  used for agricultural purposes upon such land except that
19    such buildings or structures for agricultural purposes may be
20    required to  conform  to  building  or  set  back  lines  and
21    counties  may  establish a minimum lot size for residences on
22    land used for  agricultural  purposes;  nor  shall  any  such
23    powers  be  so  exercised as to prohibit the temporary use of
24    land for  the  installation,  maintenance  and  operation  of
25    facilities  used  by  contractors  in  the ordinary course of
26    construction activities, except that such facilities  may  be
27    required  to  be  located  not  less than 1,000 feet from any
28    building used for residential purposes, and except  that  the
29    period of such temporary use shall not exceed the duration of
30    the  construction contract; nor shall any such powers include
31    the right to specify or regulate the type or location of  any
32    poles,  towers,  wires, cables, conduits, vaults, laterals or
33    any other similar distributing equipment of a public  utility
34    as defined in the Public Utilities Act, if the public utility
 
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 1    is  subject  to the Messages Tax Act, the Gas Revenue Tax Act
 2    or the Public Utilities Revenue Act, or if such facilities or
 3    equipment are located on any rights of way and are  used  for
 4    railroad  purposes, nor shall any such powers be exercised to
 5    eliminate existing lawful with respect to uses, buildings, or
 6    structures of a public  utility  as  defined  in  the  Public
 7    Utilities  Act, nor shall any such powers be exercised in any
 8    respect  as  to  the  facilities,  as  defined   in   Section
 9    5-12001.1,  of  a telecommunications carrier, as also defined
10    therein, except to the extent and in the manner set forth  in
11    Section  5-12001.1.   As  used  in  this  Act,  "agricultural
12    purposes"  do  not  include the extraction of sand, gravel or
13    limestone, and such activities may  be  regulated  by  county
14    zoning  ordinance even when such activities are related to an
15    agricultural purpose.
16        Nothing in this Division shall be construed  to  restrict
17    the  powers  granted  by  statute  to  cities,  villages  and
18    incorporated  towns as to territory contiguous to but outside
19    of the limits  of  such  cities,  villages  and  incorporated
20    towns.  Any  zoning  ordinance  enacted by a city, village or
21    incorporated town shall supersede, with respect to  territory
22    within  the  corporate limits of the municipality, any county
23    zoning plan  otherwise  applicable.  The  powers  granted  to
24    counties  by this Division shall be treated as in addition to
25    powers conferred by statute to control or approve maps, plats
26    or subdivisions.  In this Division,  "agricultural  purposes"
27    include,   without   limitation,   the  growing,  developing,
28    processing, conditioning, or selling  of  hybrid  seed  corn,
29    seed beans, seed oats, or other farm seeds.
30        Nothing  in  this Division shall be construed to prohibit
31    the corporate  authorities  of  a  county  from  adopting  an
32    ordinance  that exempts pleasure driveways or park districts,
33    as defined in the Park District Code, with  a  population  of
34    greater  than  100,000,  from  the  exercise  of the county's
 
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 1    powers under this Division.
 2    (Source: P.A. 89-654,  eff.  8-14-96;  90-261,  eff.  1-1-98;
 3    90-522,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-661, eff.
 4    7-30-98.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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