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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
90_HB2557enr 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. LRB9008945PTsb 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.
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