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| [ House Amendment 001 ] |
90_HB2557ham002
LRB9008945PTbdam05
1 AMENDMENT TO HOUSE BILL 2557
2 AMENDMENT NO. . Amend House Bill 2557, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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,
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1 parkway or storm or floodwater runoff channel or basin
2 outside the limits of cities, villages and incorporated towns
3 which have in effect municipal zoning ordinances; to divide
4 the entire county outside the limits of such cities, villages
5 and incorporated towns into districts of such number, shape,
6 area and of such different classes, according to the use of
7 land and buildings, the intensity of such use (including
8 height of buildings and structures and surrounding open
9 space) and other classification as may be deemed best suited
10 to carry out the purposes of this Division; to prohibit uses,
11 buildings or structures incompatible with the character of
12 such districts respectively; and to prevent additions to and
13 alteration or remodeling of existing buildings or structures
14 in such a way as to avoid the restrictions and limitations
15 lawfully imposed hereunder: Provided, that permits 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 shall be issued free of any
19 charge. The corporate authorities of the county may by
20 ordinance require the construction of fences around or
21 protective covers over previously constructed artificial
22 basins of water dug in the ground and used for swimming or
23 wading, which are located on private residential property and
24 intended for the use of the owner and guests. In all
25 ordinances or resolutions passed under the authority of this
26 Division, due allowance shall be made for existing
27 conditions, the conservation of property values, the
28 directions of building development to the best advantage of
29 the entire county, and the uses to which property is devoted
30 at the time of the enactment of any such ordinance or
31 resolution.
32 The powers by this Division given shall not be exercised
33 so as to deprive the owner of any existing property of its
34 use or maintenance for the purpose to which it is then
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1 lawfully devoted, but provisions may be made for (i) the
2 gradual elimination of the uses of unimproved lands or lot
3 areas when the existing rights of the persons in possession
4 are terminated or when the uses to which they are devoted are
5 discontinued, (ii) the gradual elimination of uses to which
6 the buildings and structures are devoted if they are
7 adaptable to permitted uses, and (iii) the gradual
8 elimination of the buildings and structures when they are
9 destroyed or damaged in major part; nor shall they be
10 exercised so as to impose regulations, eliminate uses,
11 buildings, or structures, or require permits with respect to
12 land used for agricultural purposes, which includes the
13 growing of farm crops, truck garden crops, animal and poultry
14 husbandry, apiculture, aquaculture, dairying, floriculture,
15 horticulture, nurseries, tree farms, sod farms, pasturage,
16 viticulture, and wholesale greenhouses when such
17 agricultural purposes constitute the principal activity on
18 the land, other than parcels of land consisting of less than
19 5 acres from which $1,000 or less of agricultural products
20 were sold in any calendar year in counties with a population
21 between 300,000 and 400,000 or in counties contiguous to a
22 county with a population between 300,000 and 400,000, and
23 other than parcels of land consisting of less than 5 acres in
24 counties with a population in excess of 400,000, or with
25 respect to the erection, maintenance, repair, alteration,
26 remodeling or extension of buildings or structures used or to
27 be used for agricultural purposes upon such land except that
28 such buildings or structures for agricultural purposes may be
29 required to conform to building or set back lines and
30 counties may establish a minimum lot size for residences on
31 land used for agricultural purposes; nor shall any such
32 powers be so exercised as to prohibit the temporary use of
33 land for the installation, maintenance and operation of
34 facilities used by contractors in the ordinary course of
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1 construction activities, except that such facilities may be
2 required to be located not less than 1,000 feet from any
3 building used for residential purposes, and except that the
4 period of such temporary use shall not exceed the duration of
5 the construction contract; nor shall any such powers include
6 the right to specify or regulate the type or location of any
7 poles, towers, wires, cables, conduits, vaults, laterals or
8 any other similar distributing equipment of a public utility
9 as defined in the Public Utilities Act, if the public utility
10 is subject to the Messages Tax Act, the Gas Revenue Tax Act
11 or the Public Utilities Revenue Act, or if such facilities or
12 equipment are located on any rights of way and are used for
13 railroad purposes, nor shall any such powers be exercised
14 with respect to uses, buildings, or structures of a public
15 utility as defined in the Public Utilities Act, nor shall any
16 such powers be exercised in any respect as to the facilities,
17 as defined in Section 5-12001.1, of a telecommunications
18 carrier, as also defined therein, except to the extent and in
19 the manner set forth in Section 5-12001.1. As used in this
20 Act, "agricultural purposes" do not include the extraction of
21 sand, gravel or limestone, and such activities may be
22 regulated by county zoning ordinance even when such
23 activities are related to an agricultural purpose.
24 Nothing in this Division shall be construed to restrict
25 the powers granted by statute to cities, villages and
26 incorporated towns as to territory contiguous to but outside
27 of the limits of such cities, villages and incorporated
28 towns. Any zoning ordinance enacted by a city, village or
29 incorporated town shall supersede, with respect to territory
30 within the corporate limits of the municipality, any county
31 zoning plan otherwise applicable. The powers granted to
32 counties by this Division shall be treated as in addition to
33 powers conferred by statute to control or approve maps, plats
34 or subdivisions. In this Division, "agricultural purposes"
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1 include, without limitation, the growing, developing,
2 processing, conditioning, or selling of hybrid seed corn,
3 seed beans, seed oats, or other farm seeds.
4 Nothing in this Division shall be construed to prohibit
5 the corporate authorities of a county from adopting an
6 ordinance that exempts pleasure driveways or park districts,
7 as defined in the Park District Code, with a population of
8 greater than 100,000, from the exercise of the county's
9 powers under this Division.
10 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
11 90-522, eff. 1-1-98; revised 11-4-97.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".