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91_HB2289
LRB9104556MWcb
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-13-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-13-1 as follows:
7 (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
8 Sec. 11-13-1. Regulation of uses; nonconforming use. To
9 the end that adequate light, pure air, and safety from fire
10 and other dangers may be secured, that the taxable value of
11 land and buildings throughout the municipality may be
12 conserved, that congestion in the public streets may be
13 lessened or avoided, that the hazards to persons and damage
14 to property resulting from the accumulation or runoff of
15 storm or flood waters may be lessened or avoided, and that
16 the public health, safety, comfort, morals, and welfare may
17 otherwise be promoted, and to insure and facilitate the
18 preservation of sites, areas, and structures of historical,
19 architectural and aesthetic importance; the corporate
20 authorities in each municipality have the following powers:
21 (1) To regulate and limit the height and bulk of
22 buildings hereafter to be erected; (2) to establish,
23 regulate and limit, subject to the provisions of Division
24 14 of this Article 11, the building or set-back lines on
25 or along any street, traffic-way, drive, parkway or storm
26 or floodwater runoff channel or basin; (3) to regulate
27 and limit the intensity of the use of lot areas, and to
28 regulate and determine the area of open spaces, within
29 and surrounding such buildings; (4) to classify, regulate
30 and restrict the location of trades and industries and
31 the location of buildings designed for specified
32 industrial, business, residential, and other uses; (5) to
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1 divide the entire municipality into districts of any such
2 such different classes
3 (according to use of land and buildings, height and bulk
4 of buildings, intensity of the use of lot area, area of
5 open spaces, or other classification) that as may be
6 deemed best suited to carry out the purposes of this
7 Division 13; (6) to fix standards to which buildings or
8 structures therein shall conform; (7) to prohibit uses,
9 buildings, or structures incompatible with the character
10 of the such districts; (8) to prevent additions to and
11 alteration or remodeling of existing buildings or
12 structures in such a way as to avoid the restrictions and
13 limitations lawfully imposed under this Division 13; (9)
14 to classify, to regulate and restrict the use of property
15 on the basis of family relationship, which family
16 relationship may be defined as one or more persons each
17 related to the other by blood, marriage, or adoption and
18 maintaining a common household; and (10) to regulate or
19 forbid any structure or activity that which may hinder
20 access to solar energy necessary for the proper
21 functioning of a solar energy system, as defined in
22 Section 1.2 of The Comprehensive Solar Energy Act of
23 1977.
24 The powers enumerated may be exercised within the
25 corporate limits or within contiguous territory not more than
26 one and one-half miles beyond the corporate limits and not
27 included within any municipality. However, if any
28 municipality adopts a plan pursuant to Division 12 of Article
29 11 which plan includes in its provisions a provision that the
30 plan applies to such contiguous territory not more than one
31 and one-half miles beyond the corporate limits and not
32 included in any municipality, then no other municipality
33 shall adopt a plan that shall apply to any territory included
34 within the territory provided in the plan first so adopted by
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1 another municipality. No municipality shall exercise any
2 power set forth in this Division 13 outside the corporate
3 limits thereof, if the county in which such municipality is
4 situated has adopted "An Act in relation to county zoning",
5 approved June 12, 1935, as amended. No municipality may
6 exercise any power set forth in this Division 13 outside the
7 corporate limits of the municipality with respect to a
8 facility of a telecommunications carrier defined in Section
9 5-12001.1 of the Counties Code. If a municipality adopts a
10 zoning plan covering an area outside its corporate limits,
11 the plan adopted shall be reasonable with respect to the area
12 outside the corporate limits so that future development will
13 not be hindered or impaired; it is reasonable for a
14 municipality to regulate or prohibit the extraction of sand,
15 gravel, or limestone even when those activities are related
16 to an agricultural purpose. If all or any part of the area
17 outside the corporate limits of a municipality which has been
18 zoned in accordance with the provisions of this Division 13
19 is annexed to another municipality or municipalities, the
20 annexing unit shall thereafter exercise all zoning powers and
21 regulations over the annexed area.
22 In all ordinances passed under the authority of this
23 Division 13, due allowance shall be made for existing
24 conditions, the conservation of property values, the
25 direction of building development to the best advantage of
26 the entire municipality and the uses to which the property is
27 devoted at the time of the enactment of such an ordinance.
28 The powers conferred by this Division 13 shall not be
29 exercised so as to deprive the owner of any existing property
30 of its use or maintenance for the purpose to which it is then
31 lawfully devoted, but provisions may be made for the gradual
32 elimination of uses, buildings and structures which are
33 incompatible with the character of the districts in which
34 they are made or located, including, without being limited
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1 thereto, provisions (a) for the elimination of such uses of
2 unimproved lands or lot areas when the existing rights of the
3 persons in possession thereof are terminated or when the uses
4 to which they are devoted are discontinued; (b) for the
5 elimination of uses to which such buildings and structures
6 are devoted, if they are adaptable for permitted uses; and
7 (c) for the elimination of such buildings and structures when
8 they are destroyed or damaged in major part, or when they
9 have reached the age fixed by the corporate authorities of
10 the municipality as the normal useful life of such buildings
11 or structures.
12 This amendatory Act of 1971 does not apply to any
13 municipality which is a home rule unit.
14 (Source: P.A. 90-522, eff. 1-1-98.)