State of Illinois
92nd General Assembly

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 1        AN ACT concerning zoning.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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.  To the end that adequate light, pure air,
 8    and safety from fire and other dangers may be  secured,  that
 9    the  taxable  value  of  land  and  buildings  throughout the
10    municipality may be conserved, that congestion in the  public
11    streets  may  be  lessened  or  avoided,  that the hazards to
12    persons  and  damage   to   property   resulting   from   the
13    accumulation  or  runoff  of  storm  or  flood  waters may be
14    lessened or avoided, and  that  the  public  health,  safety,
15    comfort,  morals,  and welfare may otherwise be promoted, and
16    to insure and facilitate the preservation  of  sites,  areas,
17    and  structures  of  historical,  architectural and aesthetic
18    importance; the corporate authorities  in  each  municipality
19    have the following powers:
20             (1)  To  regulate  and  limit the height and bulk of
21        buildings hereafter to  be  erected;  (2)  to  establish,
22        regulate and limit, subject to the provisions of Division
23        14  of this Article 11, the building or set-back lines on
24        or along any street, traffic-way, drive, parkway or storm
25        or floodwater runoff channel or basin;  (3)  to  regulate
26        and  limit  the intensity of the use of lot areas, and to
27        regulate and determine the area of  open  spaces,  within
28        and surrounding such buildings; (4) to classify, regulate
29        and  restrict  the  location of trades and industries and
30        the  location  of  buildings   designed   for   specified
31        industrial, business, residential, and other uses; (5) to
                              -2-              LRB9213649BDdv
 1        divide  the  entire  municipality  into districts of such
 2        number,  shape,  area,  and  of  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) as  may  be  deemed
 6        best  suited  to  carry out the purposes of this Division
 7        13; (6) to fix standards to which buildings or structures
 8        therein shall conform; (7) to prohibit  uses,  buildings,
 9        or  structures  incompatible  with  the character of such
10        districts; (8) to prevent additions to and alteration  or
11        remodeling  of existing buildings or structures in such a
12        way as to avoid the restrictions and limitations lawfully
13        imposed under this  Division  13;  (9)  to  classify,  to
14        regulate and restrict the use of property on the basis of
15        family  relationship,  which  family  relationship may be
16        defined as one or more persons each related to the  other
17        by  blood,  marriage or adoption and maintaining a common
18        household; and (10) to regulate or forbid  any  structure
19        or  activity  which  may  hinder  access  to solar energy
20        necessary for the proper functioning of  a  solar  energy
21        system,  as  defined  in Section 1.2 of The Comprehensive
22        Solar Energy Act of 1977.
23        The  powers  enumerated  may  be  exercised  within   the
24    corporate limits or within contiguous territory not more than
25    one  and  one-half  miles beyond the corporate limits and not
26    included   within   any   municipality.   However,   if   any
27    municipality adopts a plan pursuant to Division 12 of Article
28    11 which plan includes in its provisions a provision that the
29    plan applies to such contiguous territory not more  than  one
30    and  one-half  miles  beyond  the  corporate  limits  and not
31    included in any  municipality,  then  no  other  municipality
32    shall adopt a plan that shall apply to any territory included
33    within the territory provided in the plan first so adopted by
34    another  municipality.  No  municipality  shall  exercise any
                              -3-              LRB9213649BDdv
 1    power set forth in this Division  13  outside  the  corporate
 2    limits  thereof,  if the county in which such municipality is
 3    situated has adopted "An Act in relation to  county  zoning",
 4    approved  June  12, 1935, as amended. Nothing in this Section
 5    prevents a  municipality  of  more  than  112,000  population
 6    located  in  a  county of greater than 150,000 population and
 7    less than  185,000  population  that  has  adopted  a  zoning
 8    ordinance  and  the  county that adopted the zoning ordinance
 9    from entering into an intergovernmental agreement that allows
10    the municipality to exercise its  zoning  powers  beyond  its
11    territorial    limits;    provided,    however,    that   the
12    intergovernmental agreement must be limited to the  territory
13    within the municipality's planning jurisdiction as defined by
14    law  or  any existing boundary agreement.  The county and the
15    municipality must amend their individual zoning maps  in  the
16    same  manner  as  other  zoning changes are incorporated into
17    revised zoning maps. No such intergovernmental agreement  may
18    authorize a municipality to exercise its zoning powers, other
19    than  powers that a county may exercise under Section 5-12001
20    of  the  Counties  Code,  with  respect  to  land  used   for
21    agricultural  purposes.    This  amendatory  Act  of the 92nd
22    General  Assembly  is  declarative  of   existing   law.   No
23    municipality  may  exercise  any  power  set  forth  in  this
24    Division  13 outside the corporate limits of the municipality
25    with respect to a facility of  a  telecommunications  carrier
26    defined  in  Section  5-12001.1  of  the Counties Code.  If a
27    municipality adopts a zoning plan covering  an  area  outside
28    its  corporate  limits,  the plan adopted shall be reasonable
29    with respect to the area outside the corporate limits so that
30    future development will not be hindered or  impaired;  it  is
31    reasonable  for  a  municipality  to regulate or prohibit the
32    extraction of sand, gravel,  or  limestone  even  when  those
33    activities  are related to an agricultural purpose. If all or
34    any part of the  area  outside  the  corporate  limits  of  a
                              -4-              LRB9213649BDdv
 1    municipality  which  has  been  zoned  in accordance with the
 2    provisions  of  this  Division  13  is  annexed  to   another
 3    municipality  or  municipalities,  the  annexing  unit  shall
 4    thereafter  exercise  all  zoning powers and regulations over
 5    the annexed area.
 6        In all ordinances passed  under  the  authority  of  this
 7    Division  13,  due  allowance  shall  be  made  for  existing
 8    conditions,   the   conservation   of  property  values,  the
 9    direction of building development to the  best  advantage  of
10    the entire municipality and the uses to which the property is
11    devoted  at  the  time of the enactment of such an ordinance.
12    The powers  conferred  by  this  Division  13  shall  not  be
13    exercised so as to deprive the owner of any existing property
14    of its use or maintenance for the purpose to which it is then
15    lawfully  devoted, but provisions may be made for the gradual
16    elimination of  uses,  buildings  and  structures  which  are
17    incompatible  with  the  character  of the districts in which
18    they are made or located, including,  without  being  limited
19    thereto,  provisions  (a) for the elimination of such uses of
20    unimproved lands or lot areas when the existing rights of the
21    persons in possession thereof are terminated or when the uses
22    to which they are  devoted  are  discontinued;  (b)  for  the
23    elimination  of  uses  to which such buildings and structures
24    are devoted, if they are adaptable for  permitted  uses;  and
25    (c) for the elimination of such buildings and structures when
26    they  are  destroyed  or  damaged in major part, or when they
27    have reached the age fixed by the  corporate  authorities  of
28    the  municipality as the normal useful life of such buildings
29    or structures.
30        This amendatory  Act  of  1971  does  not  apply  to  any
31    municipality which is a home rule unit.
32    (Source: P.A. 92-509, eff. 1-1-02.)

33        Section  99.  Effective date.  This Act takes effect upon
                              -5-              LRB9213649BDdv
 1    becoming law.

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