Full Text of HB4158 96th General Assembly
HB4158eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-13-1 and by adding Sections 11-13-27 and | 6 |
| 11-13-28 as follows:
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| (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
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| 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:
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| (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 |
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| or set-back lines on or
along any street, traffic-way, | 2 |
| drive, parkway or storm or floodwater runoff
channel or | 3 |
| basin; | 4 |
| (3) to regulate and limit the intensity of the use of | 5 |
| lot
areas, and to regulate and determine the area of open | 6 |
| spaces, within and
surrounding such buildings; | 7 |
| (4) to classify, regulate and restrict the
location of | 8 |
| trades and industries and the location of buildings | 9 |
| designed
for specified industrial, business, residential, | 10 |
| and other uses; | 11 |
| (5) to
divide the entire municipality into districts of | 12 |
| such number, shape, area,
and of such different classes | 13 |
| (according to use of land and buildings,
height and bulk of | 14 |
| buildings, intensity of the use of lot area, area of
open | 15 |
| spaces, or other classification) as may be deemed best | 16 |
| suited to carry
out the purposes of this Division 13; | 17 |
| (6) to fix standards to which
buildings or structures | 18 |
| therein shall conform; | 19 |
| (7) to prohibit uses,
buildings, or structures | 20 |
| incompatible with the character of such districts; | 21 |
| (8) to prevent additions to and alteration or | 22 |
| remodeling of existing
buildings or structures in such a | 23 |
| way as to avoid the restrictions and
limitations lawfully | 24 |
| imposed under this Division 13; | 25 |
| (9) to classify,
to regulate and restrict the use of | 26 |
| property on the basis of family
relationship, which family |
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| relationship may be defined as one or more
persons each | 2 |
| related to the other by blood, marriage or adoption and
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| maintaining a common household; | 4 |
| (10) to regulate or forbid any structure
or activity | 5 |
| which may hinder access to solar energy necessary for the | 6 |
| proper
functioning of a solar energy system, as defined in | 7 |
| Section 1.2 of the
Comprehensive Solar Energy Act of 1977; | 8 |
| (11) to require the creation and preservation of | 9 |
| affordable housing, including the power to provide | 10 |
| increased density or other zoning incentives to developers | 11 |
| who are creating, establishing, or preserving affordable | 12 |
| housing; and | 13 |
| (12) to establish local standards solely for the review | 14 |
| of the exterior design of buildings and structures, | 15 |
| excluding utility facilities and outdoor off-premises | 16 |
| advertising signs, and designate a board or commission to | 17 |
| implement the review process.
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| The powers enumerated may be exercised within the corporate | 19 |
| limits or
within contiguous territory not more than one and | 20 |
| one-half miles beyond the
corporate limits and not included | 21 |
| within any municipality. However, if any
municipality adopts a | 22 |
| plan pursuant to Division 12 of Article 11 which
plan includes | 23 |
| in its provisions a provision that the plan applies to such
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| contiguous territory not more than one and one-half miles | 25 |
| beyond the
corporate limits and not included in any | 26 |
| municipality, then no other
municipality shall adopt a plan |
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| that shall apply to any territory included
within the territory | 2 |
| provided in the plan first so adopted by another
municipality. | 3 |
| No municipality shall exercise any power set forth in this
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| Division 13 outside the corporate limits thereof, if the county | 5 |
| in which
such municipality is situated has adopted "An Act in | 6 |
| relation to county
zoning", approved June 12, 1935, as amended.
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| Nothing in this Section prevents a municipality of more than | 8 |
| 112,000
population located in a county of less than 185,000 | 9 |
| population that has adopted
a zoning ordinance and the county | 10 |
| that adopted the zoning ordinance from
entering into an | 11 |
| intergovernmental agreement that allows the municipality to
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| exercise its zoning powers beyond its territorial limits; | 13 |
| provided, however,
that the intergovernmental agreement must | 14 |
| be limited to the territory within
the municipality's planning | 15 |
| jurisdiction as defined by law or any existing
boundary | 16 |
| agreement. The county and the municipality must amend their
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| individual zoning maps in the same manner as other zoning | 18 |
| changes are
incorporated into revised zoning maps.
No such | 19 |
| intergovernmental agreement may authorize a municipality to | 20 |
| exercise
its zoning powers, other than powers that a county may | 21 |
| exercise under
Section 5-12001 of the Counties Code, with | 22 |
| respect to land used for
agricultural purposes. This amendatory | 23 |
| Act of the 92nd General Assembly is
declarative of existing | 24 |
| law.
No municipality may exercise any
power set forth in this | 25 |
| Division 13 outside the corporate limits of the
municipality | 26 |
| with respect to a facility of a telecommunications carrier |
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| defined
in Section 5-12001.1 of the Counties Code. | 2 |
| Before the approval or rejection of a telecommunications | 3 |
| facility (as defined in Section 5-12001.1 of the Counties Code) | 4 |
| to be erected within a municipality's boundaries, the | 5 |
| municipality shall give notice of the proposed erection site. | 6 |
| There shall be at least one public hearing prior to a decision | 7 |
| by the corporate authorities of the municipality. Notice of any | 8 |
| such public hearing shall be published at least 30 days before | 9 |
| the hearing in a newspaper of general circulation published in | 10 |
| the municipality. Notice of any public hearing shall also be | 11 |
| sent by certified mail at least 30 days prior to the hearing to | 12 |
| the owner of record of all residential property that is within | 13 |
| 0.25 miles from the site upon which the telecommunications | 14 |
| facility is proposed to be sited. For the purposes of this | 15 |
| notice requirement, "owner" means the person or entity | 16 |
| identified from the authentic tax records of the county in | 17 |
| which the telecommunications facility is to be located. The | 18 |
| notice requirement applies regardless of whether the owner of | 19 |
| record owns property within the municipality. | 20 |
| Notwithstanding any other provision of law to the contrary, | 21 |
| at least 30 days prior to commencing construction of a new | 22 |
| telecommunications facility within 1.5 miles of a | 23 |
| municipality, the telecommunications carrier constructing the | 24 |
| facility shall provide written notice of its intent to | 25 |
| construct the facility. The notice shall include, but not be | 26 |
| limited to, the following information: (i) the name, address, |
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| and telephone number of the company responsible for the | 2 |
| construction of the facility and (ii) the address and telephone | 3 |
| number of the governmental entity that issued the building | 4 |
| permit for the telecommunications facility. The notice shall be | 5 |
| provided in person, by overnight private courier, or by | 6 |
| certified mail to all owners of property within 250 feet of the | 7 |
| parcel in which the telecommunications carrier has a leasehold | 8 |
| or ownership interest. For the purposes of this notice | 9 |
| requirement, "owners" means those persons or entities | 10 |
| identified from the authentic tax records of the county in | 11 |
| which the telecommunications facility is to be located. If, | 12 |
| after a bona fide effort by the telecommunications carrier to | 13 |
| determine the owner and his or her address, the owner of the | 14 |
| property on whom the notice must be served cannot be found at | 15 |
| the owner's last known address, or if the mailed notice is | 16 |
| returned because the owner cannot be found at the last known | 17 |
| address, the notice requirement of this paragraph is deemed | 18 |
| satisfied. For the purposes of this paragraph, "facility" means | 19 |
| that term as it is defined in Section 5-12001.1 of the Counties | 20 |
| Code. | 21 |
| If a municipality adopts a
zoning plan covering an area | 22 |
| outside its corporate limits, the plan adopted
shall be | 23 |
| reasonable with respect to the area outside the corporate | 24 |
| limits
so that future development will not be hindered or | 25 |
| impaired; it is
reasonable for a municipality to regulate or | 26 |
| prohibit the extraction of
sand, gravel, or limestone even when |
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| those activities are related to an
agricultural purpose. If all | 2 |
| or any part of the area outside the corporate
limits of a | 3 |
| municipality which has been zoned in accordance with the
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| provisions of this Division 13 is annexed to another | 5 |
| municipality or
municipalities, the annexing unit shall | 6 |
| thereafter exercise all zoning
powers and regulations over the | 7 |
| annexed area.
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| In all ordinances passed under the authority of this | 9 |
| Division 13, due
allowance shall be made for existing | 10 |
| conditions, the conservation of
property values, the direction | 11 |
| of building development to the best
advantage of the entire | 12 |
| municipality and the uses to which the property is
devoted at | 13 |
| the time of the enactment of such an ordinance. The powers
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| conferred by this Division 13 shall not be exercised so as to | 15 |
| deprive the
owner of any existing property of its use or | 16 |
| maintenance for the purpose to
which it is then lawfully | 17 |
| devoted, but provisions may be made for the
gradual elimination | 18 |
| of uses, buildings and structures which are
incompatible with | 19 |
| the character of the districts in which they are made or
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| located, including, without being limited thereto, provisions | 21 |
| (a) for the
elimination of such uses of unimproved lands or lot | 22 |
| areas when the existing
rights of the persons in possession | 23 |
| thereof are terminated or when the uses
to which they are | 24 |
| devoted are discontinued; (b) for the elimination of uses
to | 25 |
| which such buildings and structures are devoted, if they are | 26 |
| adaptable
for permitted uses; and (c) for the elimination of |
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| such buildings and
structures when they are destroyed or | 2 |
| damaged in major part, or when they
have reached the age fixed | 3 |
| by the corporate authorities of the municipality
as the normal | 4 |
| useful life of such buildings or structures.
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| This amendatory Act of 1971 does not apply to any | 6 |
| municipality which is
a home rule unit.
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| (Source: P.A. 94-303, eff. 7-21-05; 95-475, eff. 1-1-08.)
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| (65 ILCS 5/11-13-27 new) | 9 |
| Sec. 11-13-27. AM broadcast station towers. Before the | 10 |
| approval or rejection of an AM broadcast station tower to be | 11 |
| erected within a municipality's boundaries, the municipality | 12 |
| shall give notice of the proposed erection site. There shall be | 13 |
| at least one public hearing prior to a decision by the | 14 |
| corporate authorities of the municipality. Notice of any such | 15 |
| public hearing shall be published at least 30 days before the | 16 |
| hearing in a newspaper of general circulation published in the | 17 |
| municipality. Notice of any public hearing shall also be sent | 18 |
| by certified mail at least 30 days prior to the hearing to the | 19 |
| owner of record of all residential property that is within 0.25 | 20 |
| miles from the site upon which the AM broadcast station tower | 21 |
| is proposed to be sited. For the purposes of this notice | 22 |
| requirement, "owner" means the person or entity identified from | 23 |
| the authentic tax records of the county in which the AM | 24 |
| broadcast station tower is to be located. The notice | 25 |
| requirement applies regardless of whether the owner of record |
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| owns property within the municipality. | 2 |
| (65 ILCS 5/11-13-28 new)
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| Sec. 11-13-28. Cell phone towers. Before the approval or | 4 |
| rejection of a cell phone tower to be erected within a | 5 |
| municipality's boundaries, the municipality shall give notice | 6 |
| of the proposed erection site. There shall be at least one | 7 |
| public hearing prior to a decision by the corporate authorities | 8 |
| of the municipality. Notice of any such public hearing shall be | 9 |
| published at least 30 days before the hearing in a newspaper of | 10 |
| general circulation published in the municipality. Notice of | 11 |
| any public hearing shall also be sent by certified mail at | 12 |
| least 30 days prior to the hearing to the owner of record of | 13 |
| all residential property that is within 0.25 miles from the | 14 |
| site upon which the cell phone tower is proposed to be sited. | 15 |
| For the purposes of this notice requirement, "owner" means the | 16 |
| person or entity identified from the authentic tax records of | 17 |
| the county in which the cell phone tower is to be located. The | 18 |
| notice requirement applies regardless of whether the owner of | 19 |
| record owns property within the municipality.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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