State of Illinois
90th General Assembly

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]


      55 ILCS 5/5-12001         from Ch. 34, par. 5-12001
          Amends the Counties Code.  Provides that the county board
      or the board of county commissioners may make provisions  for
      the  gradual  elimination  of uses, buildings, and structures
      that are incompatible with the character of the districts  in
      which they are made or located.  Effective immediately.
HB2557 Enrolled                                LRB9008945PTsb
 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
HB2557 Enrolled             -2-                LRB9008945PTsb
 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,  but  provisions  may  be made for (i) the
27    gradual elimination of the uses of unimproved  lands  or  lot
28    areas  when  the existing rights of the persons in possession
29    are terminated or when the uses to which they are devoted are
30    discontinued, (ii) the gradual elimination of uses  to  which
31    the   buildings  and  structures  are  devoted  if  they  are
32    adaptable  to  permitted  uses,   and   (iii)   the   gradual
33    elimination  of  the  buildings  and structures when they are
34    destroyed or  damaged  in  major  part;  nor  shall  they  be
HB2557 Enrolled             -3-                LRB9008945PTsb
 1    exercised  so  as  to  impose  regulations,  eliminate  uses,
 2    buildings,  or structures, or require permits with respect to
 3    land used  for  agricultural  purposes,  which  includes  the
 4    growing of farm crops, truck garden crops, animal and poultry
 5    husbandry,  apiculture,  aquaculture, dairying, floriculture,
 6    horticulture, nurseries, tree farms,  sod  farms,  pasturage,
 7    viticulture,    and    wholesale    greenhouses   when   such
 8    agricultural purposes constitute the  principal  activity  on
 9    the  land, other than parcels of land consisting of less than
10    5 acres from which $1,000 or less  of  agricultural  products
11    were  sold in any calendar year in counties with a population
12    between 300,000 and 400,000 or in counties  contiguous  to  a
13    county  with  a  population  between 300,000 and 400,000, and
14    other than parcels of land consisting of less than 5 acres in
15    counties with a population in  excess  of  400,000,  or  with
16    respect  to  the  erection,  maintenance, repair, alteration,
17    remodeling or extension of buildings or structures used or to
18    be used for agricultural purposes upon such land except  that
19    such buildings or structures for agricultural purposes may be
20    required  to  conform  to  building  or  set  back  lines and
21    counties may establish a minimum lot size for  residences  on
22    land  used  for  agricultural  purposes;  nor  shall any such
23    powers be so exercised as to prohibit the  temporary  use  of
24    land  for  the  installation,  maintenance  and  operation of
25    facilities used by contractors  in  the  ordinary  course  of
26    construction  activities,  except that such facilities may be
27    required to be located not less  than  1,000  feet  from  any
28    building  used  for residential purposes, and except that the
29    period of such temporary use shall not exceed the duration of
30    the construction contract; nor shall any such powers  include
31    the  right to specify or regulate the type or location of any
32    poles, towers, wires, cables, conduits, vaults,  laterals  or
33    any  other similar distributing equipment of a public utility
34    as defined in the Public Utilities Act, if the public utility
HB2557 Enrolled             -4-                LRB9008945PTsb
 1    is subject to the Messages Tax Act, the Gas Revenue  Tax  Act
 2    or the Public Utilities Revenue Act, or if such facilities or
 3    equipment  are  located on any rights of way and are used for
 4    railroad purposes, nor shall any  such  powers  be  exercised
 5    with  respect  to  uses, buildings, or structures of a public
 6    utility as defined in the Public Utilities Act, nor shall any
 7    such powers be exercised in any respect as to the facilities,
 8    as defined in  Section  5-12001.1,  of  a  telecommunications
 9    carrier, as also defined therein, except to the extent and in
10    the  manner  set forth in Section 5-12001.1.  As used in this
11    Act, "agricultural purposes" do not include the extraction of
12    sand,  gravel  or  limestone,  and  such  activities  may  be
13    regulated  by  county  zoning  ordinance   even   when   such
14    activities are related to an agricultural purpose.
15        Nothing  in  this Division shall be construed to restrict
16    the  powers  granted  by  statute  to  cities,  villages  and
17    incorporated towns as to territory contiguous to but  outside
18    of  the  limits  of  such  cities,  villages and incorporated
19    towns. Any zoning ordinance enacted by  a  city,  village  or
20    incorporated  town shall supersede, with respect to territory
21    within the corporate limits of the municipality,  any  county
22    zoning  plan  otherwise  applicable.  The  powers  granted to
23    counties by this Division shall be treated as in addition  to
24    powers conferred by statute to control or approve maps, plats
25    or  subdivisions.   In this Division, "agricultural purposes"
26    include,  without  limitation,   the   growing,   developing,
27    processing,  conditioning,  or  selling  of hybrid seed corn,
28    seed beans, seed oats, or other farm seeds.
29        Nothing in this Division shall be construed  to  prohibit
30    the  corporate  authorities  of  a  county  from  adopting an
31    ordinance that exempts pleasure driveways or park  districts,
32    as  defined  in  the Park District Code, with a population of
33    greater than 100,000,  from  the  exercise  of  the  county's
34    powers under this Division.
HB2557 Enrolled             -5-                LRB9008945PTsb
 1    (Source:  P.A.  89-654,  eff.  8-14-96;  90-261, eff. 1-1-98;
 2    90-522, eff. 1-1-98; revised 11-4-97.)
 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.

[ Top ]