Sen. John M. Sullivan

Filed: 11/16/2010





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2    AMENDMENT NO. ______. Amend Senate Bill 597 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-13-2 and 11-13-26 as follows:
6    (65 ILCS 5/11-13-2)  (from Ch. 24, par. 11-13-2)
7    Sec. 11-13-2. Zoning commission. Except as provided in
8Section 11-13-26, the The corporate authorities in each
9municipality which desires to exercise the powers conferred by
10this Division 13, or who have exercised such power and desire
11to adopt a new ordinance, shall provide for a zoning commission
12with the duty to recommend the boundaries of districts and
13appropriate regulations to be enforced therein. The commission
14shall be appointed by the mayor or president, subject to
15confirmation by the corporate authorities. The commission
16shall prepare a tentative report and a proposed zoning



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1ordinance for the entire municipality. After the preparation of
2such a tentative report and ordinance, the commission shall
3hold a hearing thereon and shall afford persons interested an
4opportunity to be heard. Notice of the hearing shall be
5published at least once, not more than 30 nor less than 15 days
6before the hearing, in one or more newspapers published in the
7municipality, or, if no newspaper is published therein, then in
8one or more newspapers published in the county in which the
9municipality is located and having a general circulation within
10the municipality. The notice shall state the time and place of
11the hearing and the place where copies of the proposed
12ordinance will be accessible for examination by interested
13persons. The hearing may be adjourned from time to time.
14    Within 30 days after the final adjournment of the hearing
15the commission shall make a final report and submit a proposed
16ordinance for the entire municipality to the corporate
17authorities. The corporate authorities may enact the ordinance
18with or without change, or may refer it back to the commission
19for further consideration. The zoning commission shall cease to
20exist upon the adoption of a zoning ordinance for the entire
22(Source: P.A. 80-452.)
23    (65 ILCS 5/11-13-26)
24    Sec. 11-13-26. Wind farms.
25    (a) A municipality may regulate wind farms and



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1electric-generating wind devices within its zoning
2jurisdiction and within the 1.5 mile radius surrounding its
3zoning jurisdiction. There shall be at least one public hearing
4not more than 30 days prior to a siting decision by the
5corporate authorities of a municipality. Notice of the hearing
6shall be published in a newspaper of general circulation in the
7municipality. A municipality may allow test wind towers to be
8sited without formal approval by the corporate authorities of
9the municipality. Test wind towers must be dismantled within 3
10years of installation. For the purposes of this Section, "test
11wind towers" are wind towers that are designed solely to
12collect wind generation data.
13    (b) A municipality may not require a wind tower or other
14renewable energy system that is used exclusively by an end user
15to be setback more than 1.1 times the height of the renewable
16energy system from the end user's property line. A setback
17requirement imposed by a municipality on a renewable energy
18system may not be more restrictive than as provided under this
19subsection. This subsection is a limitation of home rule powers
20and functions under subsection (i) of Section 6 of Article VII
21of the Illinois Constitution on the concurrent exercise by home
22rule units of powers and functions exercised by the State.
23    (c) A municipality may regulate wind farms and
24electric-generating wind devices pursuant to the authority
25granted under this Section without creating a zoning commission
26or adopting a zoning ordinance for the entire municipality.



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1This subsection (c) applies to ordinances adopted before, on,
2or after the effective date of this amendatory Act of the 96th
3General Assembly by a municipality to regulate wind farms and
4electric-generating wind devices within 1.5 miles of the
5corporate boundaries of the municipality.
6(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".