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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3044 Introduced 1/5/2022, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/5-12009.6 new | | 65 ILCS 5/11-13-1 | from Ch. 24, par. 11-13-1 | 65 ILCS 5/11-13-1.1 | from Ch. 24, par. 11-13-1.1 |
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Amends the Counties Code. Provides that if a municipality approves a special use permit for a facility regulated under the Livestock Management Facilities Act located within 1.5 miles of the border of the municipality, the parameters of the special use permit supersede the zoning powers of the county for that property. States that the provisions shall not be construed as to prevent a county from zoning property for any other agricultural use allowed under the Counties Code. Limits home rule powers. Amends the Illinois Municipal Code. Provides that facilities permitted under the Livestock Management Facilities Act may be permitted as a special use by the corporate authorities of a municipality and such special uses may be part of specified intergovernmental agreements.
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| | A BILL FOR |
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| | SB3044 | | LRB102 22339 AWJ 31476 b |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Counties Code is amended by adding Section |
5 | | 5-12009.6 as follows: |
6 | | (55 ILCS 5/5-12009.6 new) |
7 | | Sec. 5-12009.6. Municipal special use permits relating to |
8 | | facilities under the Livestock Management Facilities Act. |
9 | | (a) If a municipality approves a special use permit for a |
10 | | facility regulated under the Livestock Management Facilities |
11 | | Act located within 1.5 miles of the border of the |
12 | | municipality, the parameters of the special use permit |
13 | | supersede the zoning powers of the county for that property. |
14 | | This subsection shall not be construed as to prevent a county |
15 | | from zoning property for any other agricultural use allowed |
16 | | under this Code. |
17 | | (b) A home rule county may not regulate property in a |
18 | | manner inconsistent with this Section. This Section is a |
19 | | limitation under subsection (i) of Section 6 of Article VII of |
20 | | the Illinois Constitution on the concurrent exercise by home |
21 | | rule units of powers and functions exercised by the State. |
22 | | Section 10. The Illinois Municipal Code is amended by |
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| | SB3044 | - 2 - | LRB102 22339 AWJ 31476 b |
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1 | | changing Sections 11-13-1 and 11-13-1.1 as follows:
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2 | | (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
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3 | | Sec. 11-13-1. To the end that adequate light, pure air, |
4 | | and safety from
fire and other dangers may be secured, that the |
5 | | taxable value of land and
buildings throughout the |
6 | | municipality may be conserved, that congestion in
the public |
7 | | streets may be lessened or avoided, that the hazards to |
8 | | persons
and damage to property resulting from the accumulation |
9 | | or runoff of storm
or flood waters may be lessened or avoided, |
10 | | and that the public health,
safety, comfort, morals, and |
11 | | welfare may otherwise be promoted, and to
insure and |
12 | | facilitate the preservation of sites, areas, and structures of
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13 | | historical, architectural and aesthetic importance; the |
14 | | corporate
authorities in each municipality have the following |
15 | | powers:
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16 | | (1) to regulate and limit the height and bulk of |
17 | | buildings hereafter to
be erected; |
18 | | (2) to establish, regulate and limit, subject to the |
19 | | provisions
of Division 14 of this Article 11, the building |
20 | | or set-back lines on or
along any street, traffic-way, |
21 | | drive, parkway or storm or floodwater runoff
channel or |
22 | | basin; |
23 | | (3) to regulate and limit the intensity of the use of |
24 | | lot
areas, and to regulate and determine the area of open |
25 | | spaces, within and
surrounding such buildings; |
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| | SB3044 | - 3 - | LRB102 22339 AWJ 31476 b |
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1 | | (4) to classify, regulate and restrict the
location of |
2 | | trades and industries and the location of buildings |
3 | | designed
for specified industrial, business, residential, |
4 | | and other uses; |
5 | | (5) to
divide the entire municipality into districts |
6 | | of such number, shape, area,
and of such different classes |
7 | | (according to use of land and buildings,
height and bulk |
8 | | of buildings, intensity of the use of lot area, area of
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9 | | open spaces, or other classification) as may be deemed |
10 | | best suited to carry
out the purposes of this Division 13; |
11 | | (6) to fix standards to which
buildings or structures |
12 | | therein shall conform; |
13 | | (7) to prohibit uses,
buildings, or structures |
14 | | incompatible with the character of such districts; |
15 | | (8) to prevent additions to and alteration or |
16 | | remodeling of existing
buildings or structures in such a |
17 | | way as to avoid the restrictions and
limitations lawfully |
18 | | imposed under this Division 13; |
19 | | (9) to classify,
to regulate and restrict the use of |
20 | | property on the basis of family
relationship, which family |
21 | | relationship may be defined as one or more
persons each |
22 | | related to the other by blood, marriage or adoption and
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23 | | maintaining a common household; |
24 | | (10) to regulate or forbid any structure
or activity |
25 | | which may hinder access to solar energy necessary for the |
26 | | proper
functioning of a solar energy system, as defined in |
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1 | | Section 1.2 of the
Comprehensive Solar Energy Act of 1977; |
2 | | (11) to require the creation and preservation of |
3 | | affordable housing, including the power to provide |
4 | | increased density or other zoning incentives to developers |
5 | | who are creating, establishing, or preserving affordable |
6 | | housing; and |
7 | | (12) to establish local standards solely for the |
8 | | review of the exterior design of buildings and structures, |
9 | | excluding utility facilities and outdoor off-premises |
10 | | advertising signs, and designate a board or commission to |
11 | | implement the review process; except that, other than |
12 | | reasonable restrictions as to size, no home rule or |
13 | | non-home rule municipality may prohibit the display of |
14 | | outdoor political campaign signs on residential property |
15 | | during any period of time, the regulation of these signs |
16 | | being a power and function of the State and, therefor, |
17 | | this item (12) is a denial and limitation of concurrent |
18 | | home rule powers and functions under subsection (i) of |
19 | | Section 6 of Article VII of the Illinois Constitution.
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20 | | The powers enumerated may be exercised within the |
21 | | corporate limits or
within contiguous territory not more than |
22 | | one and one-half miles beyond the
corporate limits and not |
23 | | included within any municipality. However, if any
municipality |
24 | | adopts a plan pursuant to Division 12 of Article 11 which
plan |
25 | | includes in its provisions a provision that the plan applies |
26 | | to such
contiguous territory not more than one and one-half |
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1 | | miles beyond the
corporate limits and not included in any |
2 | | municipality, then no other
municipality shall adopt a plan |
3 | | that shall apply to any territory included
within the |
4 | | territory provided in the plan first so adopted by another
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5 | | municipality. No municipality shall exercise any power set |
6 | | forth in this
Division 13 outside the corporate limits |
7 | | thereof, if the county in which
such municipality is situated |
8 | | has adopted "An Act in relation to county
zoning", approved |
9 | | June 12, 1935, as amended.
Nothing in this Section prevents a |
10 | | municipality of more than 112,000
population located in a |
11 | | county of less than 185,000 population that has adopted
a |
12 | | zoning ordinance and the county that adopted the zoning |
13 | | ordinance from
entering into an intergovernmental agreement |
14 | | that allows the municipality to
exercise its zoning powers |
15 | | beyond its territorial limits; provided, however,
that the |
16 | | intergovernmental agreement must be limited to the territory |
17 | | within
the municipality's planning jurisdiction as defined by |
18 | | law or any existing
boundary agreement. The county and the |
19 | | municipality must amend their
individual zoning maps in the |
20 | | same manner as other zoning changes are
incorporated into |
21 | | revised zoning maps.
No such intergovernmental agreement may |
22 | | authorize a municipality to exercise
its zoning powers, other |
23 | | than powers that a county may exercise under
Section 5-12001 |
24 | | of the Counties Code, with respect to land used for
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25 | | agricultural purposes , except to allow special uses for |
26 | | facilities permitted under the Livestock Management Facilities |
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1 | | Act as provided in Section 11-13-1.1 of this Code . This |
2 | | amendatory Act of the 92nd General Assembly is
declarative of |
3 | | existing law.
No municipality may exercise any
power set forth |
4 | | in this Division 13 outside the corporate limits of the
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5 | | municipality with respect to a facility of a |
6 | | telecommunications carrier defined
in Section 5-12001.1 of the |
7 | | Counties Code. |
8 | | Notwithstanding any other provision of law to the |
9 | | contrary, 30 days prior to the issuance of any permits for a |
10 | | new telecommunications facility within 1.5 miles of a |
11 | | municipality, the telecommunications carrier constructing the |
12 | | facility shall provide written notice of its intent to |
13 | | construct the facility. The notice shall include, but not be |
14 | | limited to, the following information: (i) the name, address, |
15 | | and telephone number of the company responsible for the |
16 | | construction of the facility, (ii) the address and telephone |
17 | | number of the governmental entity that is to issue the |
18 | | building permit for the telecommunications facility, (iii) a |
19 | | site plan and site map of sufficient specificity to indicate |
20 | | both the location of the parcel where the telecommunications |
21 | | facility is to be constructed and the location of all the |
22 | | telecommunications facilities within that parcel, and (iv) the |
23 | | property index number and common address of the parcel where |
24 | | the telecommunications facility is to be located. The notice |
25 | | shall not contain any material that appears to be an |
26 | | advertisement for the telecommunications carrier or any |
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1 | | services provided by the telecommunications carrier. The |
2 | | notice shall be provided in person, by overnight private |
3 | | courier, or by certified mail to all owners of property within |
4 | | 250 feet of the parcel in which the telecommunications carrier |
5 | | has a leasehold or ownership interest. For the purposes of |
6 | | this notice requirement, "owners" means those persons or |
7 | | entities identified from the authentic tax records of the |
8 | | county in which the telecommunications facility is to be |
9 | | located. If, after a bona fide effort by the |
10 | | telecommunications carrier to determine the owner and his or |
11 | | her address, the owner of the property on whom the notice must |
12 | | be served cannot be found at the owner's last known address, or |
13 | | if the mailed notice is returned because the owner cannot be |
14 | | found at the last known address, the notice requirement of |
15 | | this paragraph is deemed satisfied. For the purposes of this |
16 | | paragraph, "facility" means that term as it is defined in |
17 | | Section 5-12001.1 of the Counties Code. |
18 | | If a municipality adopts a
zoning plan covering an area |
19 | | outside its corporate limits, the plan adopted
shall be |
20 | | reasonable with respect to the area outside the corporate |
21 | | limits
so that future development will not be hindered or |
22 | | impaired; it is
reasonable for a municipality to regulate or |
23 | | prohibit the extraction of
sand, gravel, or limestone even |
24 | | when those activities are related to an
agricultural purpose. |
25 | | If all or any part of the area outside the corporate
limits of |
26 | | a municipality which has been zoned in accordance with the
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1 | | provisions of this Division 13 is annexed to another |
2 | | municipality or
municipalities, the annexing unit shall |
3 | | thereafter exercise all zoning
powers and regulations over the |
4 | | annexed area.
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5 | | In all ordinances passed under the authority of this |
6 | | Division 13, due
allowance shall be made for existing |
7 | | conditions, the conservation of
property values, the direction |
8 | | of building development to the best
advantage of the entire |
9 | | municipality and the uses to which the property is
devoted at |
10 | | the time of the enactment of such an ordinance. The powers
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11 | | conferred by this Division 13 shall not be exercised so as to |
12 | | deprive the
owner of any existing property of its use or |
13 | | maintenance for the purpose to
which it is then lawfully |
14 | | devoted, but provisions may be made for the
gradual |
15 | | elimination of uses, buildings and structures which are
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16 | | incompatible with the character of the districts in which they |
17 | | are made or
located, including, without being limited thereto, |
18 | | provisions (a) for the
elimination of such uses of unimproved |
19 | | lands or lot areas when the existing
rights of the persons in |
20 | | possession thereof are terminated or when the uses
to which |
21 | | they are devoted are discontinued; (b) for the elimination of |
22 | | uses
to which such buildings and structures are devoted, if |
23 | | they are adaptable
for permitted uses; and (c) for the |
24 | | elimination of such buildings and
structures when they are |
25 | | destroyed or damaged in major part, or when they
have reached |
26 | | the age fixed by the corporate authorities of the municipality
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1 | | as the normal useful life of such buildings or structures.
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2 | | This amendatory Act of 1971 does not apply to any |
3 | | municipality which is
a home rule unit, except as provided in |
4 | | item (12).
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5 | | (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
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6 | | (65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
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7 | | Sec. 11-13-1.1.
The corporate authorities of any |
8 | | municipality may in its
ordinances passed under the authority |
9 | | of this Division 13 provide for the
classification of special |
10 | | uses. Such uses may include but are not limited
to public and |
11 | | quasi-public uses affected with the public interest, |
12 | | facilities permitted under the Livestock Management Facilities |
13 | | Act, uses
which may have a unique, special or unusual impact |
14 | | upon the use or
enjoyment of neighboring property, and planned |
15 | | developments. A use may be a
permitted use in one or more |
16 | | zoning districts, and a special use in one or
more other zoning |
17 | | districts. A special use shall be permitted only after a
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18 | | public hearing before some commission or committee designated |
19 | | by the
corporate authorities, with prior notice thereof given |
20 | | in the manner as
provided in Section 11-13-6 and 11-13-7. Any |
21 | | notice required by this Section need not include a metes and |
22 | | bounds legal description of the area classified for special |
23 | | uses, provided that the notice includes: (i) the common street |
24 | | address or addresses and (ii) the property index number |
25 | | ("PIN") or numbers of all the parcels of real property |
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1 | | contained in the area classified for special uses. A special |
2 | | use shall be permitted
only upon evidence that such use meets |
3 | | standards established for such
classification in the |
4 | | ordinances, and the granting of permission therefor
may be |
5 | | subject to conditions reasonably necessary to meet such |
6 | | standards.
In addition, any proposed special use which fails |
7 | | to receive the approval
of the commission or committee |
8 | | designated by the corporate authorities to
hold the public |
9 | | hearing shall not be approved by the corporate authorities
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10 | | except by a favorable majority vote of all alderpersons, |
11 | | commissioners or
trustees of the municipality then holding |
12 | | office; however, the corporate
authorities may by ordinance |
13 | | increase the vote requirement to two-thirds of
all |
14 | | alderpersons, commissioners or trustees of the municipality |
15 | | then holding office.
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16 | | (Source: P.A. 102-15, eff. 6-17-21.)
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