HB3785 Enrolled LRB096 08775 RLJ 18907 b

1     AN ACT concerning local government.
 
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, and
8 safety from fire and other dangers may be secured, that the
9 taxable value of land and buildings throughout the municipality
10 may be conserved, that congestion in the public streets may be
11 lessened or avoided, that the hazards to persons and damage to
12 property resulting from the accumulation or runoff of storm or
13 flood waters may be lessened or avoided, and that the public
14 health, safety, comfort, morals, and welfare may otherwise be
15 promoted, and to insure and facilitate the preservation of
16 sites, areas, and structures of historical, architectural and
17 aesthetic importance; the corporate authorities in each
18 municipality 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.
25     The powers enumerated may be exercised within the corporate
26 limits or within contiguous territory not more than one and

 

 

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1 one-half miles beyond the corporate limits and not included
2 within any municipality. However, if any municipality adopts a
3 plan pursuant to Division 12 of Article 11 which plan includes
4 in its provisions a provision that the plan applies to such
5 contiguous territory not more than one and one-half miles
6 beyond the corporate limits and not included in any
7 municipality, then no other municipality shall adopt a plan
8 that shall apply to any territory included within the territory
9 provided in the plan first so adopted by another municipality.
10 No municipality shall exercise any power set forth in this
11 Division 13 outside the corporate limits thereof, if the county
12 in which such municipality is situated has adopted "An Act in
13 relation to county zoning", approved June 12, 1935, as amended.
14 Nothing in this Section prevents a municipality of more than
15 112,000 population located in a county of less than 185,000
16 population that has adopted a zoning ordinance and the county
17 that adopted the zoning ordinance from entering into an
18 intergovernmental agreement that allows the municipality to
19 exercise its zoning powers beyond its territorial limits;
20 provided, however, that the intergovernmental agreement must
21 be limited to the territory within the municipality's planning
22 jurisdiction as defined by law or any existing boundary
23 agreement. The county and the municipality must amend their
24 individual zoning maps in the same manner as other zoning
25 changes are incorporated into revised zoning maps. No such
26 intergovernmental agreement may authorize a municipality to

 

 

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1 exercise its zoning powers, other than powers that a county may
2 exercise under Section 5-12001 of the Counties Code, with
3 respect to land used for agricultural purposes. This amendatory
4 Act of the 92nd General Assembly is declarative of existing
5 law. No municipality may exercise any power set forth in this
6 Division 13 outside the corporate limits of the municipality
7 with respect to a facility of a telecommunications carrier
8 defined in Section 5-12001.1 of the Counties Code.
9     Notwithstanding any other provision of law to the contrary,
10 at least 30 days prior to commencing construction of a new
11 telecommunications facility within 1.5 miles of a
12 municipality, the telecommunications carrier constructing the
13 facility shall provide written notice of its intent to
14 construct the facility. The notice shall include, but not be
15 limited to, the following information: (i) the name, address,
16 and telephone number of the company responsible for the
17 construction of the facility and (ii) the address and telephone
18 number of the governmental entity that issued the building
19 permit for the telecommunications facility. The notice shall be
20 provided in person, by overnight private courier, or by
21 certified mail to all owners of property within 250 feet of the
22 parcel in which the telecommunications carrier has a leasehold
23 or ownership interest. For the purposes of this notice
24 requirement, "owners" means those persons or entities
25 identified from the authentic tax records of the county in
26 which the telecommunications facility is to be located. If,

 

 

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1 after a bona fide effort by the telecommunications carrier to
2 determine the owner and his or her address, the owner of the
3 property on whom the notice must be served cannot be found at
4 the owner's last known address, or if the mailed notice is
5 returned because the owner cannot be found at the last known
6 address, the notice requirement of this paragraph is deemed
7 satisfied. For the purposes of this paragraph, "facility" means
8 that term as it is defined in Section 5-12001.1 of the Counties
9 Code.
10     If a municipality adopts a zoning plan covering an area
11 outside its corporate limits, the plan adopted shall be
12 reasonable with respect to the area outside the corporate
13 limits so that future development will not be hindered or
14 impaired; it is reasonable for a municipality to regulate or
15 prohibit the extraction of sand, gravel, or limestone even when
16 those activities are related to an agricultural purpose. If all
17 or any part of the area outside the corporate limits of a
18 municipality which has been zoned in accordance with the
19 provisions of this Division 13 is annexed to another
20 municipality or municipalities, the annexing unit shall
21 thereafter exercise all zoning powers and regulations over the
22 annexed area.
23     In all ordinances passed under the authority of this
24 Division 13, due allowance shall be made for existing
25 conditions, the conservation of property values, the direction
26 of building development to the best advantage of the entire

 

 

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1 municipality and the uses to which the property is devoted at
2 the time of the enactment of such an ordinance. The powers
3 conferred by this Division 13 shall not be exercised so as to
4 deprive the owner of any existing property of its use or
5 maintenance for the purpose to which it is then lawfully
6 devoted, but provisions may be made for the gradual elimination
7 of uses, buildings and structures which are incompatible with
8 the character of the districts in which they are made or
9 located, including, without being limited thereto, provisions
10 (a) for the elimination of such uses of unimproved lands or lot
11 areas when the existing rights of the persons in possession
12 thereof are terminated or when the uses to which they are
13 devoted are discontinued; (b) for the elimination of uses to
14 which such buildings and structures are devoted, if they are
15 adaptable for permitted uses; and (c) for the elimination of
16 such buildings and structures when they are destroyed or
17 damaged in major part, or when they have reached the age fixed
18 by the corporate authorities of the municipality as the normal
19 useful life of such buildings or structures.
20     This amendatory Act of 1971 does not apply to any
21 municipality which is a home rule unit, except as provided in
22 item (12).
23 (Source: P.A. 94-303, eff. 7-21-05; 95-475, eff. 1-1-08.)