101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5492

 

Introduced , by Rep. Diane Pappas

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-1  from Ch. 24, par. 11-13-1

    Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may regulate any organization, business, or housing development that has the potential to increase overnight population of the municipality by more than 2% on any night. Defines "population" as those persons residing in the municipality or those working in the municipality. Effective immediately.


LRB101 15895 AWJ 65252 b

 

 

A BILL FOR

 

HB5492LRB101 15895 AWJ 65252 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing 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, and
8safety from fire and other dangers may be secured, that the
9taxable value of land and buildings throughout the municipality
10may be conserved, that congestion in the public streets may be
11lessened or avoided, that the hazards to persons and damage to
12property resulting from the accumulation or runoff of storm or
13flood waters may be lessened or avoided, and that the public
14health, safety, comfort, morals, and welfare may otherwise be
15promoted, and to insure and facilitate the preservation of
16sites, areas, and structures of historical, architectural and
17aesthetic importance; the corporate authorities in each
18municipality have the following powers:
19        (1) to regulate and limit the height and bulk of
20    buildings hereafter to be erected;
21        (2) to establish, regulate and limit, subject to the
22    provisions of Division 14 of this Article 11, the building
23    or set-back lines on or along any street, traffic-way,

 

 

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1    drive, parkway or storm or floodwater runoff channel or
2    basin;
3        (3) to regulate and limit the intensity of the use of
4    lot areas, and to regulate and determine the area of open
5    spaces, within and surrounding such buildings;
6        (4) to classify, regulate and restrict the location of
7    trades and industries and the location of buildings
8    designed for specified industrial, business, residential,
9    and other uses;
10        (5) to divide the entire municipality into districts of
11    such number, shape, area, and of such different classes
12    (according to use of land and buildings, height and bulk of
13    buildings, intensity of the use of lot area, area of open
14    spaces, or other classification) as may be deemed best
15    suited to carry out the purposes of this Division 13;
16        (6) to fix standards to which buildings or structures
17    therein shall conform;
18        (7) to prohibit uses, buildings, or structures
19    incompatible with the character of such districts;
20        (8) to prevent additions to and alteration or
21    remodeling of existing buildings or structures in such a
22    way as to avoid the restrictions and limitations lawfully
23    imposed under this Division 13;
24        (9) to classify, to regulate and restrict the use of
25    property on the basis of family relationship, which family
26    relationship may be defined as one or more persons each

 

 

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1    related to the other by blood, marriage or adoption and
2    maintaining a common household;
3        (10) to regulate or forbid any structure or activity
4    which may hinder access to solar energy necessary for the
5    proper functioning of a solar energy system, as defined in
6    Section 1.2 of the Comprehensive Solar Energy Act of 1977;
7        (11) to require the creation and preservation of
8    affordable housing, including the power to provide
9    increased density or other zoning incentives to developers
10    who are creating, establishing, or preserving affordable
11    housing; and
12        (12) to establish local standards solely for the review
13    of the exterior design of buildings and structures,
14    excluding utility facilities and outdoor off-premises
15    advertising signs, and designate a board or commission to
16    implement the review process; except that, other than
17    reasonable restrictions as to size, no home rule or
18    non-home rule municipality may prohibit the display of
19    outdoor political campaign signs on residential property
20    during any period of time, the regulation of these signs
21    being a power and function of the State and, therefor, this
22    item (12) is a denial and limitation of concurrent home
23    rule powers and functions under subsection (i) of Section 6
24    of Article VII of the Illinois Constitution; and .
25        (13) to regulate any organization, business, or
26    housing development that has the potential to increase

 

 

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1    overnight population of the municipality by more than 2% on
2    any night; for purposes of this item (13), "population"
3    means those persons residing in the municipality or those
4    working in the municipality.
5    The powers enumerated may be exercised within the corporate
6limits or within contiguous territory not more than one and
7one-half miles beyond the corporate limits and not included
8within any municipality. However, if any municipality adopts a
9plan pursuant to Division 12 of Article 11 which plan includes
10in its provisions a provision that the plan applies to such
11contiguous territory not more than one and one-half miles
12beyond the corporate limits and not included in any
13municipality, then no other municipality shall adopt a plan
14that shall apply to any territory included within the territory
15provided in the plan first so adopted by another municipality.
16No municipality shall exercise any power set forth in this
17Division 13 outside the corporate limits thereof, if the county
18in which such municipality is situated has adopted "An Act in
19relation to county zoning", approved June 12, 1935, as amended.
20Nothing in this Section prevents a municipality of more than
21112,000 population located in a county of less than 185,000
22population that has adopted a zoning ordinance and the county
23that adopted the zoning ordinance from entering into an
24intergovernmental agreement that allows the municipality to
25exercise its zoning powers beyond its territorial limits;
26provided, however, that the intergovernmental agreement must

 

 

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1be limited to the territory within the municipality's planning
2jurisdiction as defined by law or any existing boundary
3agreement. The county and the municipality must amend their
4individual zoning maps in the same manner as other zoning
5changes are incorporated into revised zoning maps. No such
6intergovernmental agreement may authorize a municipality to
7exercise its zoning powers, other than powers that a county may
8exercise under Section 5-12001 of the Counties Code, with
9respect to land used for agricultural purposes. This amendatory
10Act of the 92nd General Assembly is declarative of existing
11law. No municipality may exercise any power set forth in this
12Division 13 outside the corporate limits of the municipality
13with respect to a facility of a telecommunications carrier
14defined in Section 5-12001.1 of the Counties Code.
15    Notwithstanding any other provision of law to the contrary,
1630 days prior to the issuance of any permits for a new
17telecommunications facility within 1.5 miles of a
18municipality, the telecommunications carrier constructing the
19facility shall provide written notice of its intent to
20construct the facility. The notice shall include, but not be
21limited to, the following information: (i) the name, address,
22and telephone number of the company responsible for the
23construction of the facility, (ii) the address and telephone
24number of the governmental entity that is to issue the building
25permit for the telecommunications facility, (iii) a site plan
26and site map of sufficient specificity to indicate both the

 

 

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1location of the parcel where the telecommunications facility is
2to be constructed and the location of all the
3telecommunications facilities within that parcel, and (iv) the
4property index number and common address of the parcel where
5the telecommunications facility is to be located. The notice
6shall not contain any material that appears to be an
7advertisement for the telecommunications carrier or any
8services provided by the telecommunications carrier. The
9notice shall be provided in person, by overnight private
10courier, or by certified mail to all owners of property within
11250 feet of the parcel in which the telecommunications carrier
12has a leasehold or ownership interest. For the purposes of this
13notice requirement, "owners" means those persons or entities
14identified from the authentic tax records of the county in
15which the telecommunications facility is to be located. If,
16after a bona fide effort by the telecommunications carrier to
17determine the owner and his or her address, the owner of the
18property on whom the notice must be served cannot be found at
19the owner's last known address, or if the mailed notice is
20returned because the owner cannot be found at the last known
21address, the notice requirement of this paragraph is deemed
22satisfied. For the purposes of this paragraph, "facility" means
23that term as it is defined in Section 5-12001.1 of the Counties
24Code.
25    If a municipality adopts a zoning plan covering an area
26outside its corporate limits, the plan adopted shall be

 

 

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1reasonable with respect to the area outside the corporate
2limits so that future development will not be hindered or
3impaired; it is reasonable for a municipality to regulate or
4prohibit the extraction of sand, gravel, or limestone even when
5those activities are related to an agricultural purpose. If all
6or any part of the area outside the corporate limits of a
7municipality which has been zoned in accordance with the
8provisions of this Division 13 is annexed to another
9municipality or municipalities, the annexing unit shall
10thereafter exercise all zoning powers and regulations over the
11annexed area.
12    In all ordinances passed under the authority of this
13Division 13, due allowance shall be made for existing
14conditions, the conservation of property values, the direction
15of building development to the best advantage of the entire
16municipality and the uses to which the property is devoted at
17the time of the enactment of such an ordinance. The powers
18conferred by this Division 13 shall not be exercised so as to
19deprive the owner of any existing property of its use or
20maintenance for the purpose to which it is then lawfully
21devoted, but provisions may be made for the gradual elimination
22of uses, buildings and structures which are incompatible with
23the character of the districts in which they are made or
24located, including, without being limited thereto, provisions
25(a) for the elimination of such uses of unimproved lands or lot
26areas when the existing rights of the persons in possession

 

 

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1thereof are terminated or when the uses to which they are
2devoted are discontinued; (b) for the elimination of uses to
3which such buildings and structures are devoted, if they are
4adaptable for permitted uses; and (c) for the elimination of
5such buildings and structures when they are destroyed or
6damaged in major part, or when they have reached the age fixed
7by the corporate authorities of the municipality as the normal
8useful life of such buildings or structures.
9    This amendatory Act of 1971 does not apply to any
10municipality which is a home rule unit, except as provided in
11item (12).
12(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.