Full Text of SB2252 101st General Assembly
SB2252sam001 101ST GENERAL ASSEMBLY | Sen. David Koehler Filed: 5/30/2019
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| 1 | | AMENDMENT TO SENATE BILL 2252
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2252 by replacing | 3 | | everything after the enacting clause with the following:
| 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 municipality, | 12 | | the parameters of the special use permit supersede the zoning | 13 | | powers of the county for that property. This subsection shall | 14 | | not be construed as to prevent a county from zoning property | 15 | | for any other agricultural use allowed under this Code. | 16 | | (b) A home rule county may not regulate property in a |
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| 1 | | manner inconsistent with this Section. This Section is a | 2 | | limitation under subsection (i) of Section 6 of Article VII of | 3 | | the Illinois Constitution on the concurrent exercise by home | 4 | | rule units of powers and functions exercised by the State. | 5 | | Section 10. The Illinois Municipal Code is amended by | 6 | | changing Sections 11-13-1 and 11-13-1.1 as follows:
| 7 | | (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
| 8 | | Sec. 11-13-1. To the end that adequate light, pure air, and | 9 | | safety from
fire and other dangers may be secured, that the | 10 | | taxable value of land and
buildings throughout the municipality | 11 | | may be conserved, that congestion in
the public streets may be | 12 | | lessened or avoided, that the hazards to persons
and damage to | 13 | | property resulting from the accumulation or runoff of storm
or | 14 | | flood waters may be lessened or avoided, and that the public | 15 | | health,
safety, comfort, morals, and welfare may otherwise be | 16 | | promoted, and to
insure and facilitate the preservation of | 17 | | sites, areas, and structures of
historical, architectural and | 18 | | aesthetic importance; the corporate
authorities in each | 19 | | municipality have the following powers:
| 20 | | (1) to regulate and limit the height and bulk of | 21 | | buildings hereafter to
be erected; | 22 | | (2) to establish, regulate and limit, subject to the | 23 | | provisions
of Division 14 of this Article 11, the building | 24 | | 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 , except to allow | 4 | | special uses for facilities permitted under the Livestock | 5 | | Management Facilities Act as provided in Section 11-13-1.1 of | 6 | | this Code . This amendatory Act of the 92nd General Assembly is
| 7 | | declarative of existing law.
No municipality may exercise any
| 8 | | power set forth in this Division 13 outside the corporate | 9 | | limits of the
municipality with respect to a facility of a | 10 | | telecommunications carrier defined
in Section 5-12001.1 of the | 11 | | Counties Code. | 12 | | Notwithstanding any other provision of law to the contrary, | 13 | | 30 days prior to the issuance of any permits for a new | 14 | | telecommunications facility within 1.5 miles of a | 15 | | municipality, the telecommunications carrier constructing the | 16 | | facility shall provide written notice of its intent to | 17 | | construct the facility. The notice shall include, but not be | 18 | | limited to, the following information: (i) the name, address, | 19 | | and telephone number of the company responsible for the | 20 | | construction of the facility, (ii) the address and telephone | 21 | | number of the governmental entity that is to issue the building | 22 | | permit for the telecommunications facility, (iii) a site plan | 23 | | and site map of sufficient specificity to indicate both the | 24 | | location of the parcel where the telecommunications facility is | 25 | | to be constructed and the location of all the | 26 | | telecommunications facilities within that parcel, and (iv) the |
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| 1 | | property index number and common address of the parcel where | 2 | | the telecommunications facility is to be located. The notice | 3 | | shall not contain any material that appears to be an | 4 | | advertisement for the telecommunications carrier or any | 5 | | services provided by the telecommunications carrier. The | 6 | | notice shall be provided in person, by overnight private | 7 | | courier, or by certified mail to all owners of property within | 8 | | 250 feet of the parcel in which the telecommunications carrier | 9 | | has a leasehold or ownership interest. For the purposes of this | 10 | | notice requirement, "owners" means those persons or entities | 11 | | identified from the authentic tax records of the county in | 12 | | which the telecommunications facility is to be located. If, | 13 | | after a bona fide effort by the telecommunications carrier to | 14 | | determine the owner and his or her address, the owner of the | 15 | | property on whom the notice must be served cannot be found at | 16 | | the owner's last known address, or if the mailed notice is | 17 | | returned because the owner cannot be found at the last known | 18 | | address, the notice requirement of this paragraph is deemed | 19 | | satisfied. For the purposes of this paragraph, "facility" means | 20 | | that term as it is defined in Section 5-12001.1 of the Counties | 21 | | Code. | 22 | | If a municipality adopts a
zoning plan covering an area | 23 | | outside its corporate limits, the plan adopted
shall be | 24 | | reasonable with respect to the area outside the corporate | 25 | | limits
so that future development will not be hindered or | 26 | | impaired; it is
reasonable for a municipality to regulate or |
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| 1 | | prohibit the extraction of
sand, gravel, or limestone even when | 2 | | those activities are related to an
agricultural purpose. If all | 3 | | or any part of the area outside the corporate
limits of a | 4 | | municipality which has been zoned in accordance with the
| 5 | | provisions of this Division 13 is annexed to another | 6 | | municipality or
municipalities, the annexing unit shall | 7 | | thereafter exercise all zoning
powers and regulations over the | 8 | | annexed area.
| 9 | | In all ordinances passed under the authority of this | 10 | | Division 13, due
allowance shall be made for existing | 11 | | conditions, the conservation of
property values, the direction | 12 | | of building development to the best
advantage of the entire | 13 | | municipality and the uses to which the property is
devoted at | 14 | | the time of the enactment of such an ordinance. The powers
| 15 | | conferred by this Division 13 shall not be exercised so as to | 16 | | deprive the
owner of any existing property of its use or | 17 | | maintenance for the purpose to
which it is then lawfully | 18 | | devoted, but provisions may be made for the
gradual elimination | 19 | | of uses, buildings and structures which are
incompatible with | 20 | | the character of the districts in which they are made or
| 21 | | located, including, without being limited thereto, provisions | 22 | | (a) for the
elimination of such uses of unimproved lands or lot | 23 | | areas when the existing
rights of the persons in possession | 24 | | thereof are terminated or when the uses
to which they are | 25 | | devoted are discontinued; (b) for the elimination of uses
to | 26 | | which such buildings and structures are devoted, if they are |
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| 1 | | adaptable
for permitted uses; and (c) for the elimination of | 2 | | such buildings and
structures when they are destroyed or | 3 | | damaged in major part, or when they
have reached the age fixed | 4 | | by the corporate authorities of the municipality
as the normal | 5 | | useful life of such buildings or structures.
| 6 | | This amendatory Act of 1971 does not apply to any | 7 | | municipality which is
a home rule unit, except as provided in | 8 | | item (12).
| 9 | | (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
| 10 | | (65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
| 11 | | Sec. 11-13-1.1.
The corporate authorities of any | 12 | | municipality may in its
ordinances passed under the authority | 13 | | of this Division 13 provide for the
classification of special | 14 | | uses. Such uses may include but are not limited
to public and | 15 | | quasi-public uses affected with the public interest, | 16 | | facilities permitted under the Livestock Management Facilities | 17 | | Act, uses
which may have a unique, special or unusual impact | 18 | | upon the use or
enjoyment of neighboring property, and planned | 19 | | developments. A use may be a
permitted use in one or more | 20 | | zoning districts, and a special use in one or
more other zoning | 21 | | districts. A special use shall be permitted only after a
public | 22 | | hearing before some commission or committee designated by the
| 23 | | corporate authorities, with prior notice thereof given in the | 24 | | manner as
provided in Section 11-13-6 and 11-13-7. Any notice | 25 | | required by this Section need not include a metes and bounds |
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| 1 | | legal description of the area classified for special uses, | 2 | | provided that the notice includes: (i) the common street | 3 | | address or addresses and (ii) the property index number ("PIN") | 4 | | or numbers of all the parcels of real property contained in the | 5 | | area classified for special uses. A special use shall be | 6 | | permitted
only upon evidence that such use meets standards | 7 | | established for such
classification in the ordinances, and the | 8 | | granting of permission therefor
may be subject to conditions | 9 | | reasonably necessary to meet such standards.
In addition, any | 10 | | proposed special use which fails to receive the approval
of the | 11 | | commission or committee designated by the corporate | 12 | | authorities to
hold the public hearing shall not be approved by | 13 | | the corporate authorities
except by a favorable majority vote | 14 | | of all aldermen, commissioners or
trustees of the municipality | 15 | | then holding office; however, the corporate
authorities may by | 16 | | ordinance increase the vote requirement to two-thirds of
all | 17 | | aldermen, commissioners or trustees of the municipality then | 18 | | holding office.
| 19 | | (Source: P.A. 97-336, eff. 8-12-11.)".
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