Public Act 096-0904
 		





HB3785 Enrolled
LRB096 08775 RLJ 18907 b






    AN ACT concerning local government.

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




 
    Section 5. The Illinois Municipal Code is amended  by 
changing Section 11-13-1 as follows:
 



    (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;
        (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;
        (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;
        (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;
        (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;
        (6) to fix standards to which
buildings or structures 
    therein shall conform;
        (7) to prohibit uses,
buildings, or structures 
    incompatible with the character of such districts;
        (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;
        (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;
        (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;
        (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
        (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.

    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, 
at least 30 days prior to commencing construction of 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 and (ii) the address and telephone 
number of the governmental entity that issued the building 
permit for the telecommunications facility. 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. 94-303, eff. 7-21-05; 95-475, eff. 1-1-08.)