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90_HB1188eng
55 ILCS 5/3-9006 from Ch. 34, par. 3-9006
Amends the Counties Code. Makes a reference gender
neutral in the Section concerning the internal operations of
the office of the State's Attorney.
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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 For the purpose of promoting the public health, safety,
11 morals, comfort and general welfare, conserving the values of
12 property throughout the county, lessening or avoiding
13 congestion in the public streets and highways, and lessening
14 or avoiding the hazards to persons and damage to property
15 resulting from the accumulation or runoff of storm or flood
16 waters, the county board or board of county commissioners, as
17 the case may be, of each county, shall have the power to
18 regulate and restrict the location and use of buildings,
19 structures and land for trade, industry, residence and other
20 uses which may be specified by such board, to regulate and
21 restrict the intensity of such uses, to establish building or
22 setback lines on or along any street, trafficway, drive,
23 parkway or storm or floodwater runoff channel or basin
24 outside the limits of cities, villages and incorporated towns
25 which have in effect municipal zoning ordinances; to divide
26 the entire county outside the limits of such cities, villages
27 and incorporated towns into districts of such number, shape,
28 area and of such different classes, according to the use of
29 land and buildings, the intensity of such use (including
30 height of buildings and structures and surrounding open
31 space) and other classification as may be deemed best suited
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1 to carry out the purposes of this Division; to prohibit uses,
2 buildings or structures incompatible with the character of
3 such districts respectively; and to prevent additions to and
4 alteration or remodeling of existing buildings or structures
5 in such a way as to avoid the restrictions and limitations
6 lawfully imposed hereunder: Provided, that permits with
7 respect to the erection, maintenance, repair, alteration,
8 remodeling or extension of buildings or structures used or to
9 be used for agricultural purposes shall be issued free of any
10 charge. The corporate authorities of the county may by
11 ordinance require the construction of fences around or
12 protective covers over previously constructed artificial
13 basins of water dug in the ground and used for swimming or
14 wading, which are located on private residential property and
15 intended for the use of the owner and guests. In all
16 ordinances or resolutions passed under the authority of this
17 Division, due allowance shall be made for existing
18 conditions, the conservation of property values, the
19 directions of building development to the best advantage of
20 the entire county, and the uses to which property is devoted
21 at the time of the enactment of any such ordinance or
22 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, which includes the
29 growing of farm crops, truck garden crops, animal and poultry
30 husbandry, apiculture, aquaculture, dairying, floriculture,
31 horticulture, nurseries, tree farms, sod farms, pasturage,
32 viticulture, and wholesale greenhouses when such
33 agricultural purposes constitute the principal activity on
34 the land, other than parcels of land consisting of less than
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1 5 acres from which $1,000 or less of agricultural products
2 were sold in any calendar year in counties with a population
3 between 300,000 and 400,000 or in counties contiguous to a
4 county with a population between 300,000 and 400,000, and
5 other than parcels of land consisting of less than 5 acres in
6 counties with a population in excess of 400,000, or with
7 respect to the erection, maintenance, repair, alteration,
8 remodeling or extension of buildings or structures used or to
9 be used for agricultural purposes upon such land except that
10 such buildings or structures for agricultural purposes may be
11 required to conform to building or set back lines and
12 counties may establish a minimum lot size for residences on
13 land used for agricultural purposes; nor shall any such
14 powers be so exercised as to prohibit the temporary use of
15 land for the installation, maintenance and operation of
16 facilities used by contractors in the ordinary course of
17 construction activities, except that such facilities may be
18 required to be located not less than 1,000 feet from any
19 building used for residential purposes, and except that the
20 period of such temporary use shall not exceed the duration of
21 the construction contract; nor shall any such powers include
22 the right to specify or regulate the type or location of any
23 poles, towers, wires, cables, conduits, vaults, laterals or
24 any other similar distributing equipment of a public utility
25 as defined in The Public utilities Act, if the public utility
26 is subject to The Messages Tax Act, The Gas Revenue Tax Act
27 or The Public Utilities Revenue Act, or if such facilities or
28 equipment are located on any rights of way and are used for
29 railroad purposes. As used in this Act, "agricultural
30 purposes" do not include the extraction of sand, gravel or
31 limestone, and such activities may be regulated by county
32 zoning ordinance even when such activities are related to an
33 agricultural purpose.
34 Nothing in this Division shall be construed to restrict
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1 the powers granted by statute to cities, villages and
2 incorporated towns as to territory contiguous to but outside
3 of the limits of such cities, villages and incorporated
4 towns. Any zoning ordinance enacted by a city, village or
5 incorporated town shall supersede, with respect to territory
6 within the corporate limits of the municipality, any county
7 zoning plan otherwise applicable. The powers granted to
8 counties by this Division shall be treated as in addition to
9 powers conferred by statute to control or approve maps, plats
10 or subdivisions. In this Division, "agricultural purposes"
11 include, without limitation, the growing, developing,
12 processing, conditioning, or selling of hybrid seed corn,
13 seed beans, seed oats, or other farm seeds.
14 Nothing in this Division shall be construed to prohibit
15 the corporate authorities of a county from adopting an
16 ordinance that exempts pleasure driveways or park districts,
17 as defined in the Park District Code, with a population of
18 greater than 100,000, from the exercise of the county's
19 powers under this Division.
20 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)