Full Text of HB1019 101st General Assembly
HB1019 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1019 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/5-12001 | from Ch. 34, par. 5-12001 |
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Amends the Counties Code. Makes a technical change in a Section concerning
county zoning powers.
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| | A BILL FOR |
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| 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 Counties Code is amended by changing Section | 5 | | 5-12001 as follows:
| 6 | | (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
| 7 | | Sec. 5-12001. Authority to regulate and restrict location | 8 | | and use of
structures. For the
the purpose of promoting the | 9 | | public health, safety, morals,
comfort and general welfare, | 10 | | conserving the values of property throughout the
county, | 11 | | lessening or avoiding congestion in the public streets and
| 12 | | highways, and lessening or avoiding the hazards to persons and | 13 | | damage to
property resulting from the accumulation or runoff of | 14 | | storm or flood
waters, the county board or board of county | 15 | | commissioners, as the
case may be, of each county, shall have | 16 | | the power to regulate and restrict
the location and use of | 17 | | buildings, structures and land for trade, industry,
residence | 18 | | and other uses which may be specified by such board, to | 19 | | regulate
and restrict the intensity of such uses, to establish | 20 | | building or setback
lines on or along any street, trafficway, | 21 | | drive, parkway or storm or
floodwater runoff channel or basin | 22 | | outside the limits of cities, villages
and incorporated towns | 23 | | which have in effect municipal zoning ordinances; to
divide the |
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| 1 | | entire county outside the limits of such cities, villages and
| 2 | | incorporated towns into districts of such number, shape, area | 3 | | and of such
different classes, according to the use of land and | 4 | | buildings, the
intensity of such use (including height of | 5 | | buildings and structures and
surrounding open space) and other | 6 | | classification as may be deemed best
suited to carry out the | 7 | | purposes of this Division; to prohibit uses, buildings
or | 8 | | structures incompatible with the character of such districts
| 9 | | respectively; and to prevent additions to and alteration or | 10 | | remodeling of
existing buildings or structures in such a way as | 11 | | to avoid the restrictions
and limitations lawfully imposed | 12 | | hereunder: Provided, that permits with
respect to the erection, | 13 | | maintenance, repair, alteration, remodeling or
extension of | 14 | | buildings or structures used or to be used for agricultural
| 15 | | purposes shall be issued free of any charge. The corporate | 16 | | authorities
of the county may by ordinance require the | 17 | | construction of fences around
or protective covers over | 18 | | previously constructed artificial basins of water
dug in the | 19 | | ground and
used for swimming or wading, which are located on | 20 | | private residential
property and intended for the use of the | 21 | | owner and guests. In all ordinances or
resolutions passed under | 22 | | the authority of this Division, due allowance
shall be made for | 23 | | existing conditions, the conservation of property values,
the | 24 | | directions of building development to the best advantage of the | 25 | | entire
county, and the uses to which property is devoted at the | 26 | | time of the
enactment of any such ordinance or resolution. |
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| 1 | | The powers by this Division given shall not be exercised so | 2 | | as to deprive the
owner of any existing property of its use or | 3 | | maintenance for the purpose to
which it is then lawfully | 4 | | devoted, but provisions may be made for (i) the
gradual | 5 | | elimination of the uses of unimproved lands or lot areas when | 6 | | the
existing
rights of the persons in possession are terminated | 7 | | or when the uses
to which they are devoted are discontinued, | 8 | | (ii) the gradual elimination of
uses
to which the buildings and | 9 | | structures are devoted if they are adaptable
to permitted uses, | 10 | | and (iii) the gradual elimination of the buildings and
| 11 | | structures when they are destroyed or damaged in major part; | 12 | | nor
shall they be exercised so as to
impose regulations, | 13 | | eliminate uses, buildings, or structures, or require
permits | 14 | | with respect to land
used for agricultural purposes,
which | 15 | | includes the growing of farm crops, truck garden crops, animal | 16 | | and
poultry
husbandry, apiculture, aquaculture, dairying, | 17 | | floriculture, horticulture,
nurseries, tree
farms, sod farms, | 18 | | pasturage, viticulture, and wholesale greenhouses when such
| 19 | | agricultural purposes constitute the principal activity on the | 20 | | land,
other than parcels of land consisting of
less than 5 | 21 | | acres from which $1,000 or less of agricultural products were
| 22 | | sold in any calendar year in counties with a population between | 23 | | 300,000 and
400,000 or in counties contiguous to a county with | 24 | | a population between 300,000
and 400,000, and other than | 25 | | parcels of land consisting of less than 5 acres in
counties | 26 | | with a population in excess of 400,000,
or with respect to the |
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| 1 | | erection,
maintenance, repair, alteration, remodeling or | 2 | | extension of buildings or
structures used or to be used for | 3 | | agricultural purposes upon such land
except that such buildings | 4 | | or structures for agricultural purposes may be
required to | 5 | | conform to building or set back lines
and counties may | 6 | | establish a minimum lot size for residences on land used for
| 7 | | agricultural purposes; nor shall any such
powers be so | 8 | | exercised as to prohibit the temporary use of land for the
| 9 | | installation, maintenance and operation of facilities used by | 10 | | contractors
in the ordinary course of construction activities, | 11 | | except that such
facilities may be required to be located not | 12 | | less than 1,000 feet from any
building used for residential | 13 | | purposes, and except that the period of such
temporary use | 14 | | shall not exceed the duration of the construction contract;
nor | 15 | | shall any such powers include the right to specify or regulate | 16 | | the type
or location of any poles, towers, wires, cables, | 17 | | conduits, vaults, laterals
or any other similar distributing | 18 | | equipment of a public utility as defined in
the Public | 19 | | Utilities Act, if the public utility
is subject to the Messages | 20 | | Tax Act, the Gas Revenue Tax Act or the Public
Utilities | 21 | | Revenue Act, or if such facilities or equipment are located on
| 22 | | any rights of way and are used for railroad purposes, nor shall | 23 | | any such
powers be exercised with respect to uses, buildings, | 24 | | or structures of a public
utility as defined in the Public | 25 | | Utilities Act, nor shall any such
powers be exercised in any | 26 | | respect as to the facilities, as defined in Section
5-12001.1, |
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| 1 | | of a telecommunications carrier, as also defined therein, | 2 | | except to
the extent and in the manner set forth in Section | 3 | | 5-12001.1. As used in this
Act, "agricultural purposes" do not | 4 | | include the extraction of sand, gravel
or limestone, and such | 5 | | activities may be regulated by county zoning
ordinance even | 6 | | when such activities are related to an agricultural purpose.
| 7 | | Nothing in this Division shall be construed to restrict the | 8 | | powers granted by
statute to cities, villages and incorporated | 9 | | towns as to territory
contiguous to but outside of the limits | 10 | | of such cities, villages and
incorporated towns. Any zoning | 11 | | ordinance enacted by a city, village or
incorporated town shall | 12 | | supersede, with respect to territory within the
corporate | 13 | | limits of the municipality, any county zoning plan otherwise
| 14 | | applicable. The powers granted to counties by this Division | 15 | | shall be treated
as in addition to powers conferred by statute | 16 | | to control or approve maps,
plats or subdivisions. In this | 17 | | Division, "agricultural purposes"
include, without limitation, | 18 | | the growing, developing, processing,
conditioning, or selling | 19 | | of hybrid seed corn, seed beans, seed oats, or
other farm | 20 | | seeds.
| 21 | | Nothing in this Division shall be construed to prohibit the | 22 | | corporate
authorities of a county from adopting an ordinance | 23 | | that exempts pleasure
driveways or park districts, as defined | 24 | | in the Park District Code, with a
population of greater than | 25 | | 100,000, from the exercise of the county's powers
under this | 26 | | Division.
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| 1 | | The powers granted by this Division may be used to require | 2 | | the creation and preservation of affordable housing, including | 3 | | the power to provide increased density or other zoning | 4 | | incentives to developers who are creating, establishing, or | 5 | | preserving affordable housing.
| 6 | | (Source: P.A. 94-303, eff. 7-21-05 .)
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