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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 11 Div. 13
(65 ILCS 5/Art. 11 Div. 13 heading)
DIVISION 13.
ZONING
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65 ILCS 5/11-13-1
(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
Sec. 11-13-1. To the end that adequate light, pure air, and safety from
fire and other dangers may be secured, that the taxable value of land and
buildings throughout the municipality may be conserved, that congestion in
the public streets may be lessened or avoided, that the hazards to persons
and damage to property resulting from the accumulation or runoff of storm
or flood waters may be lessened or avoided, and that the public health,
safety, comfort, morals, and welfare may otherwise be promoted, and to
insure and facilitate the preservation of sites, areas, and structures of
historical, architectural and aesthetic importance; the corporate
authorities in each municipality have the following powers:
(1) to regulate and limit the height and bulk of | | buildings hereafter to be erected;
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| (2) to establish, regulate and limit, subject to the
| | provisions of Division 14 of this Article 11, the building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin;
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| (3) to regulate and limit the intensity of the use of
| | lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings;
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| (4) to classify, regulate and restrict the location
| | of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses;
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| (5) to divide the entire municipality into districts
| | of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Division 13;
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| (6) to fix standards to which buildings or structures
| | (7) to prohibit uses, buildings, or structures
| | incompatible with the character of such districts;
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| (8) to prevent additions to and alteration or
| | remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this Division 13;
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| (9) to classify, to regulate and restrict the use of
| | property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household;
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| (10) to regulate or forbid any structure or activity
| | which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977;
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| (11) to require the creation and preservation of
| | affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing; and
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| (12) to establish local standards solely for the
| | review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process; except that, other than reasonable restrictions as to size, no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential property during any period of time, the regulation of these signs being a power and function of the State and, therefor, this item (12) is a denial and limitation of concurrent home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
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The powers enumerated may be exercised within the corporate limits or
within contiguous territory not more than one and one-half miles beyond the
corporate limits and not included within any municipality. However, if any
municipality adopts a plan pursuant to Division 12 of Article 11 which
plan includes in its provisions a provision that the plan applies to such
contiguous territory not more than one and one-half miles beyond the
corporate limits and not included in any municipality, then no other
municipality shall adopt a plan that shall apply to any territory included
within the territory provided in the plan first so adopted by another
municipality. No municipality shall exercise any power set forth in this
Division 13 outside the corporate limits thereof, if the county in which
such municipality is situated has adopted "An Act in relation to county
zoning", approved June 12, 1935, as amended.
Nothing in this Section prevents a municipality of more than 112,000
population located in a county of less than 185,000 population that has adopted
a zoning ordinance and the county that adopted the zoning ordinance from
entering into an intergovernmental agreement that allows the municipality to
exercise its zoning powers beyond its territorial limits; provided, however,
that the intergovernmental agreement must be limited to the territory within
the municipality's planning jurisdiction as defined by law or any existing
boundary agreement. The county and the municipality must amend their
individual zoning maps in the same manner as other zoning changes are
incorporated into revised zoning maps.
No such intergovernmental agreement may authorize a municipality to exercise
its zoning powers, other than powers that a county may exercise under
Section 5-12001 of the Counties Code, with respect to land used for
agricultural purposes. This amendatory Act of the 92nd General Assembly is
declarative of existing law.
No municipality may exercise any
power set forth in this Division 13 outside the corporate limits of the
municipality with respect to a facility of a telecommunications carrier defined
in Section 5-12001.1 of the Counties Code.
Notwithstanding any other provision of law to the contrary, 30 days prior to the issuance of any permits for a new telecommunications facility within 1.5 miles of a municipality, the telecommunications carrier constructing the facility shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility, (ii) the address and telephone number of the governmental entity that is to issue the building permit for the telecommunications facility, (iii) a site plan and site map of sufficient specificity to indicate both the location of the parcel where the telecommunications facility is to be constructed and the location of all the telecommunications facilities within that parcel, and (iv) the property index number and common address of the parcel where the telecommunications facility is to be located. The notice shall not contain any material that appears to be an advertisement for the telecommunications carrier or any services provided by the telecommunications carrier. The notice shall be provided in person, by overnight private courier, or by certified mail to all owners of property within 250 feet of the parcel in which the telecommunications carrier has a leasehold or ownership interest. For the purposes of this notice requirement, "owners" means those persons or entities identified from the authentic tax records of the county in which the telecommunications facility is to be located. If, after a bona fide effort by the telecommunications carrier to determine the owner and his or her address, the owner of the property on whom the notice must be served cannot be found at the owner's last known address, or if the mailed notice is returned because the owner cannot be found at the last known address, the notice requirement of this paragraph is deemed satisfied. For the purposes of this paragraph, "facility" means that term as it is defined in Section 5-12001.1 of the Counties Code.
If a municipality adopts a
zoning plan covering an area outside its corporate limits, the plan adopted
shall be reasonable with respect to the area outside the corporate limits
so that future development will not be hindered or impaired; it is
reasonable for a municipality to regulate or prohibit the extraction of
sand, gravel, or limestone even when those activities are related to an
agricultural purpose. If all or any part of the area outside the corporate
limits of a municipality which has been zoned in accordance with the
provisions of this Division 13 is annexed to another municipality or
municipalities, the annexing unit shall thereafter exercise all zoning
powers and regulations over the annexed area.
In all ordinances passed under the authority of this Division 13, due
allowance shall be made for existing conditions, the conservation of
property values, the direction of building development to the best
advantage of the entire municipality and the uses to which the property is
devoted at the time of the enactment of such an ordinance. The powers
conferred by this Division 13 shall not be exercised so as to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted, but provisions may be made for the
gradual elimination of uses, buildings and structures which are
incompatible with the character of the districts in which they are made or
located, including, without being limited thereto, provisions (a) for the
elimination of such uses of unimproved lands or lot areas when the existing
rights of the persons in possession thereof are terminated or when the uses
to which they are devoted are discontinued; (b) for the elimination of uses
to which such buildings and structures are devoted, if they are adaptable
for permitted uses; and (c) for the elimination of such buildings and
structures when they are destroyed or damaged in major part, or when they
have reached the age fixed by the corporate authorities of the municipality
as the normal useful life of such buildings or structures.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit, except as provided in item (12).
(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
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65 ILCS 5/11-13-1.1
(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
Sec. 11-13-1.1.
The corporate authorities of any municipality may in its
ordinances passed under the authority of this Division 13 provide for the
classification of special uses. Such uses may include but are not limited
to public and quasi-public uses affected with the public interest, uses
which may have a unique, special or unusual impact upon the use or
enjoyment of neighboring property, and planned developments. A use may be a
permitted use in one or more zoning districts, and a special use in one or
more other zoning districts. A special use shall be permitted only after a
public hearing before some commission or committee designated by the
corporate authorities, with prior notice thereof given in the manner as
provided in Section 11-13-6 and 11-13-7. Any notice required by this Section need not include a metes and bounds legal description of the area classified for special uses, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area classified for special uses. A special use shall be permitted
only upon evidence that such use meets standards established for such
classification in the ordinances, and the granting of permission therefor
may be subject to conditions reasonably necessary to meet such standards.
In addition, any proposed special use which fails to receive the approval
of the commission or committee designated by the corporate authorities to
hold the public hearing shall not be approved by the corporate authorities
except by a favorable majority vote of all alderpersons, commissioners or
trustees of the municipality then holding office; however, the corporate
authorities may by ordinance increase the vote requirement to two-thirds of
all alderpersons, commissioners or trustees of the municipality then holding office.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-13-1.2 (65 ILCS 5/11-13-1.2) Sec. 11-13-1.2. Waiver of building, inspection, and construction fees. (a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe, and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. (b) Notwithstanding any other provision of law, a city council of a municipality may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the city council of the municipality.
(Source: P.A. 102-24, eff. 6-25-21.) |
65 ILCS 5/11-13-1.5 (65 ILCS 5/11-13-1.5) Sec. 11-13-1.5. Amateur radio communications; antenna regulations. Notwithstanding any provision of law to the contrary, no ordinance or resolution may be adopted or enforced by a municipality after the effective date of this amendatory Act of the 97th General Assembly that affects the placement, screening, or height of antennas or antenna support structures that are used for amateur radio communications unless the ordinance or resolution: (i) has a reasonable and clearly defined aesthetic, public health, or safety objective and represents the minimum practical regulation that is necessary to accomplish the objectives; and (ii) reasonably accommodates amateur radio communications. A municipality may not regulate the antennas or antenna support structures that are used for amateur radio communications in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 97-720, eff. 6-29-12.) |
65 ILCS 5/11-13-2
(65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2)
Sec. 11-13-2.
The corporate authorities in each municipality which desires
to exercise the powers conferred by this Division 13, or who have exercised
such power and desire to adopt a new ordinance, shall provide for a zoning
commission with the duty to recommend the boundaries of districts and
appropriate regulations to be enforced therein. The commission shall be
appointed by the mayor or president, subject to confirmation by the
corporate authorities. The commission shall prepare a tentative report and
a proposed zoning ordinance for the entire municipality. After the
preparation of such a tentative report and ordinance, the commission shall
hold a hearing thereon and shall afford persons interested an opportunity
to be heard. Notice of the hearing shall be published at least once, not
more than 30 nor less than 15 days before the hearing, in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers
published in the county in which the municipality is located and having
a general circulation within
the municipality.
The notice shall
state the time and place of the hearing and the place where copies of the
proposed ordinance will be accessible for examination by interested
persons. The hearing may be adjourned from time to time.
Within 30 days after the final adjournment of the hearing the commission
shall make a final report and submit a proposed ordinance for the entire
municipality to the corporate authorities. The corporate authorities may
enact the ordinance with or without change, or may refer it back to the
commission for further consideration. The zoning commission shall cease to
exist upon the adoption of a zoning ordinance for the entire municipality.
(Source: P.A. 80-452.)
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65 ILCS 5/11-13-3
(65 ILCS 5/11-13-3) (from Ch. 24, par. 11-13-3)
Sec. 11-13-3.
(a) All ordinances passed under the terms of this Division
13 shall be enforced by those officers of the municipality
that are designated by ordinance.
(b) In municipalities having a population of more than 500,000 the
city council may provide for the appointment of a board of appeals
consisting of 5 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, and
one for 5 years, the successor to each member so appointed to serve for
a term of 5 years.
(c) The city council in cities and the president and board of
trustees in villages and incorporated towns, having a population of less
than 500,000, may provide for the appointment of a board of appeals
consisting of 7 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, one
for 5 years, one for 6 years, and one for 7 years, the successor to each
member so appointed to serve for a term of 5 years.
(d) In any municipality with a population under 5,000 that has an appointed
board of appeals, a proposition to elect the board of appeals at large
shall be submitted to the electors as provided in this subsection.
Electors of the municipality equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for that office may petition for the submission
to a vote of the electors of the municipality the proposition whether the
board of appeals shall be elected at large. The petition shall be filed
with the municipal clerk in accordance with the general election law. The
clerk shall certify the proposition to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law.
The proposition shall be in substantially the following form: "Shall the
city (or village or incorporated town) of (insert name) elect the zoning
board of appeals at large instead of having an appointed board of appeals?"
If a majority of those voting on the proposition vote in favor of it,
then the board of appeals shall be elected at large at the next general
municipal election held at least 120 days after the referendum approval.
At the initial election, 4 members shall be elected for 2-year terms and 3
members shall be elected for 4-year terms; thereafter all terms shall be
for 4 years. Upon the election and qualification of the initial elected
board of appeals, the terms of all sitting members of the board of appeals
shall expire.
(e) One of the members of an appointed board shall be named as chairman
at the time of his or her appointment. If members are elected, the members
shall select a chairman. The amount of compensation to be paid to members,
if any, shall be fixed by the corporate authorities. The appointing
authority has the power to remove any appointed member for cause and after
public hearing. Vacancies shall be filled for the unexpired term of the
member whose place has become vacant. Vacancies shall be filled by the
appointing authority in the case of an appointed board or by those who
would otherwise be the appointing authority in the case of an elected
board. All meetings of the board of appeals shall be held at the call of
the chairman and at other times as the board may determine. The chairman,
or in his or her absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the board shall
be open to the public. The board shall keep minutes of its proceedings,
showing the vote of each member upon every question, or if absent or
failing to vote, indicating that fact, and shall also keep records of
its examinations and other official actions. No hearing shall be
conducted without a quorum of the board being present. A quorum shall
consist of a majority of all the members. Any absent member who
certifies that he or she has read the transcript of the proceedings before
the board may vote upon any question before the board. Every rule or
regulation and its amendment or repeal and every order, requirement,
decision, or determination of the board shall immediately
be filed in the office of the board and shall be a public record.
(f) In all municipalities the board of appeals shall hear and decide
appeals from and review any order, requirement, decision, or
determination made by an administrative official charged with the
enforcement of any ordinance adopted under this Division 13.
(g) In all municipalities the board of appeals
shall also hear and decide all matters
referred to it or upon which it is required to pass under such an
ordinance. The concurring vote of 3 members of the board, in
municipalities having a population of more than 500,000, and of 4
members of the board, in municipalities having a population of less than
500,000, is necessary to reverse any order, requirement, decision, or
determination of such an administrative official, to decide in favor
of the applicant any matter upon which it is required to pass under such
an ordinance or to effect any variation in the ordinance, or to
recommend any variation or modification in the ordinance to the
corporate authorities.
(Source: P.A. 87-535.)
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