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90_HB0739
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
Amends the Counties Code. Provides that a county board
has the authority to regulate poles, towers, wires, cables,
conduits, vaults, laterals, or other similar distributing
equipment for a competitive telecommunications service. Sets
out considerations. Allows the county board to impose
conditions on use that will protect the health, safety, and
welfare of the public.
LRB9003831DNmb
LRB9003831DNmb
1 AN ACT to amend the Counties Code by changing Section
2 5-12001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12001 as follows:
7 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
8 Sec. 5-12001. Authority to regulate and restrict
9 location and use of structures.
10 (a) For the purpose of promoting the public health,
11 safety, morals, comfort and general welfare, conserving the
12 values of property throughout the county, lessening or
13 avoiding congestion in the public streets and highways, and
14 lessening or avoiding the hazards to persons and damage to
15 property resulting from the accumulation or runoff of storm
16 or flood waters, the county board or board of county
17 commissioners, as the case may be, of each county, shall have
18 the power to regulate and restrict the location and use of
19 buildings, structures and land for trade, industry, residence
20 and other uses which may be specified by such board, to
21 regulate and restrict the intensity of such uses, to
22 establish building or setback lines on or along any street,
23 trafficway, drive, parkway or storm or floodwater runoff
24 channel or basin outside the limits of cities, villages and
25 incorporated towns which have in effect municipal zoning
26 ordinances; to divide the entire county outside the limits of
27 such cities, villages and incorporated towns into districts
28 of such number, shape, area and of such different classes,
29 according to the use of land and buildings, the intensity of
30 such use (including height of buildings and structures and
31 surrounding open space) and other classification as may be
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1 deemed best suited to carry out the purposes of this
2 Division; to prohibit uses, buildings or structures
3 incompatible with the character of such districts
4 respectively; and to prevent additions to and alteration or
5 remodeling of existing buildings or structures in such a way
6 as to avoid the restrictions and limitations lawfully imposed
7 hereunder: Provided, that permits with respect to the
8 erection, maintenance, repair, alteration, remodeling or
9 extension of buildings or structures used or to be used for
10 agricultural purposes shall be issued free of any charge.
11 The corporate authorities of the county may by ordinance
12 require the construction of fences around or protective
13 covers over previously constructed artificial basins of water
14 dug in the ground and used for swimming or wading, which are
15 located on private residential property and intended for the
16 use of the owner and guests. In all ordinances or
17 resolutions passed under the authority of this Division, due
18 allowance shall be made for existing conditions, the
19 conservation of property values, the directions of building
20 development to the best advantage of the entire county, and
21 the uses to which property is devoted at the time of the
22 enactment of any such ordinance or resolution.
23 The powers by this Division given shall not be exercised
24 so as to deprive the owner of any existing property of its
25 use or maintenance for the purpose to which it is then
26 lawfully devoted; nor shall they be exercised so as to impose
27 regulations or require permits with respect to land used or
28 to be used for agricultural purposes, other than parcels of
29 land consisting of less than 5 acres from which $1,000 or
30 less of agricultural products were sold in any calendar year
31 in counties with a population between 300,000 and 400,000 or
32 in counties contiguous to a county with a population between
33 300,000 and 400,000, and other than parcels of land
34 consisting of less than 5 acres in counties with a population
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1 in excess of 400,000, or with respect to the erection,
2 maintenance, repair, alteration, remodeling or extension of
3 buildings or structures used or to be used for agricultural
4 purposes upon such land except that such buildings or
5 structures for agricultural purposes may be required to
6 conform to building or set back lines; nor shall any such
7 powers be so exercised as to prohibit the temporary use of
8 land for the installation, maintenance and operation of
9 facilities used by contractors in the ordinary course of
10 construction activities, except that such facilities may be
11 required to be located not less than 1,000 feet from any
12 building used for residential purposes, and except that the
13 period of such temporary use shall not exceed the duration of
14 the construction contract; nor shall any such powers include
15 the right to specify or regulate the type or location of any
16 poles, towers, wires, cables, conduits, vaults, laterals or
17 any other similar distributing equipment of a public utility
18 as defined in The Public utilities Act, if the public utility
19 is subject to The Messages Tax Act, The Gas Revenue Tax Act
20 or The Public Utilities Revenue Act, or if such facilities or
21 equipment are located on any rights of way and are used for
22 railroad purposes. As used in this Act, "agricultural
23 purposes" do not include the extraction of sand, gravel or
24 limestone, and such activities may be regulated by county
25 zoning ordinance even when such activities are related to an
26 agricultural purpose.
27 Nothing in this Division shall be construed to restrict
28 the powers granted by statute to cities, villages and
29 incorporated towns as to territory contiguous to but outside
30 of the limits of such cities, villages and incorporated
31 towns. Any zoning ordinance enacted by a city, village or
32 incorporated town shall supersede, with respect to territory
33 within the corporate limits of the municipality, any county
34 zoning plan otherwise applicable. The powers granted to
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1 counties by this Division shall be treated as in addition to
2 powers conferred by statute to control or approve maps, plats
3 or subdivisions. In this Division, "agricultural purposes"
4 include, without limitation, the growing, developing,
5 processing, conditioning, or selling of hybrid seed corn,
6 seed beans, seed oats, or other farm seeds.
7 Nothing in this Division shall be construed to prohibit
8 the corporate authorities of a county from adopting an
9 ordinance that exempts pleasure driveways or park districts,
10 as defined in the Park District Code, with a population of
11 greater than 100,000, from the exercise of the county's
12 powers under this Division.
13 (b)(1) The county board has the authority as provided in
14 this Section to regulate poles, towers, wires, cables,
15 conduits, vaults, laterals, or other similar distributing
16 equipment for a competitive telecommunications service in
17 accordance with the following considerations:
18 (i) the uses and zoning of nearby properties;
19 (ii) the extent to which existing zoning diminishes
20 the properties' value and the proposed zoning enhances
21 the value;
22 (iii) the suitability of the property for the
23 purposes permitted under the existing zoning; and
24 (iv) the relative gain to the public as compared to
25 the hardship imposed upon the property owner by the
26 existing and proposed zoning uses.
27 (2) The county board or its designee may impose
28 conditions on the use of the poles, towers, wires, cables,
29 conduits, vaults, laterals, or other similar distributing
30 equipment that will protect the health, safety, and welfare
31 of the public.
32 (3) Initial determination of the permitted use shall be
33 by the county board or its designee. All appeals from the
34 decision of the county board or its designee shall be to a
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1 circuit court that has jurisdiction.
2 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)