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| [ House Amendment 001 ] |
90_HB1188ham002
LRB9002594DNmbam01
1 AMENDMENT TO HOUSE BILL 1188
2 AMENDMENT NO. . Amend House Bill 1188, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Counties Code by changing Section
5 5-12001."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Section 5-12001 as follows:
10 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
11 Sec. 5-12001. Authority to regulate and restrict
12 location and use of structures.
13 For the purpose of promoting the public health, safety,
14 morals, comfort and general welfare, conserving the values of
15 property throughout the county, lessening or avoiding
16 congestion in the public streets and highways, and lessening
17 or avoiding the hazards to persons and damage to property
18 resulting from the accumulation or runoff of storm or flood
19 waters, the county board or board of county commissioners, as
20 the case may be, of each county, shall have the power to
21 regulate and restrict the location and use of buildings,
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1 structures and land for trade, industry, residence and other
2 uses which may be specified by such board, to regulate and
3 restrict the intensity of such uses, to establish building or
4 setback lines on or along any street, trafficway, drive,
5 parkway or storm or floodwater runoff channel or basin
6 outside the limits of cities, villages and incorporated towns
7 which have in effect municipal zoning ordinances; to divide
8 the entire county outside the limits of such cities, villages
9 and incorporated towns into districts of such number, shape,
10 area and of such different classes, according to the use of
11 land and buildings, the intensity of such use (including
12 height of buildings and structures and surrounding open
13 space) and other classification as may be deemed best suited
14 to carry out the purposes of this Division; to prohibit uses,
15 buildings or structures incompatible with the character of
16 such districts respectively; and to prevent additions to and
17 alteration or remodeling of existing buildings or structures
18 in such a way as to avoid the restrictions and limitations
19 lawfully imposed hereunder: Provided, that permits with
20 respect to the erection, maintenance, repair, alteration,
21 remodeling or extension of buildings or structures used or to
22 be used for agricultural purposes shall be issued free of any
23 charge. The corporate authorities of the county may by
24 ordinance require the construction of fences around or
25 protective covers over previously constructed artificial
26 basins of water dug in the ground and used for swimming or
27 wading, which are located on private residential property and
28 intended for the use of the owner and guests. In all
29 ordinances or resolutions passed under the authority of this
30 Division, due allowance shall be made for existing
31 conditions, the conservation of property values, the
32 directions of building development to the best advantage of
33 the entire county, and the uses to which property is devoted
34 at the time of the enactment of any such ordinance or
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1 resolution.
2 The powers by this Division given shall not be exercised
3 so as to deprive the owner of any existing property of its
4 use or maintenance for the purpose to which it is then
5 lawfully devoted; nor shall they be exercised so as to impose
6 regulations or require permits with respect to land used or
7 to be used for agricultural purposes, which includes the
8 growing of farm crops, truck garden crops, animal and poultry
9 husbandry, apiculture, aquaculture, dairying, floriculture,
10 horticulture, nurseries, tree farms, sod farms, pasturage,
11 viticulture, and wholesale greenhouses when such
12 agricultural purposes constitute the principal activity on
13 the land, other than parcels of land consisting of less than
14 5 acres from which $1,000 or less of agricultural products
15 were sold in any calendar year in counties with a population
16 between 300,000 and 400,000 or in counties contiguous to a
17 county with a population between 300,000 and 400,000, and
18 other than parcels of land consisting of less than 5 acres in
19 counties with a population in excess of 400,000, or with
20 respect to the erection, maintenance, repair, alteration,
21 remodeling or extension of buildings or structures used or to
22 be used for agricultural purposes upon such land except that
23 such buildings or structures for agricultural purposes may be
24 required to conform to building or set back lines and
25 counties may establish a minimum lot size for residences on
26 land used for agricultural purposes; nor shall any such
27 powers be so exercised as to prohibit the temporary use of
28 land for the installation, maintenance and operation of
29 facilities used by contractors in the ordinary course of
30 construction activities, except that such facilities may be
31 required to be located not less than 1,000 feet from any
32 building used for residential purposes, and except that the
33 period of such temporary use shall not exceed the duration of
34 the construction contract; nor shall any such powers include
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1 the right to specify or regulate the type or location of any
2 poles, towers, wires, cables, conduits, vaults, laterals or
3 any other similar distributing equipment of a public utility
4 as defined in The Public utilities Act, if the public utility
5 is subject to The Messages Tax Act, The Gas Revenue Tax Act
6 or The Public Utilities Revenue Act, or if such facilities or
7 equipment are located on any rights of way and are used for
8 railroad purposes. As used in this Act, "agricultural
9 purposes" do not include the extraction of sand, gravel or
10 limestone, and such activities may be regulated by county
11 zoning ordinance even when such activities are related to an
12 agricultural purpose.
13 Nothing in this Division shall be construed to restrict
14 the powers granted by statute to cities, villages and
15 incorporated towns as to territory contiguous to but outside
16 of the limits of such cities, villages and incorporated
17 towns. Any zoning ordinance enacted by a city, village or
18 incorporated town shall supersede, with respect to territory
19 within the corporate limits of the municipality, any county
20 zoning plan otherwise applicable. The powers granted to
21 counties by this Division shall be treated as in addition to
22 powers conferred by statute to control or approve maps, plats
23 or subdivisions. In this Division, "agricultural purposes"
24 include, without limitation, the growing, developing,
25 processing, conditioning, or selling of hybrid seed corn,
26 seed beans, seed oats, or other farm seeds.
27 Nothing in this Division shall be construed to prohibit
28 the corporate authorities of a county from adopting an
29 ordinance that exempts pleasure driveways or park districts,
30 as defined in the Park District Code, with a population of
31 greater than 100,000, from the exercise of the county's
32 powers under this Division.
33 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)".