[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1693
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
60 ILCS 1/110-15
Amends the Counties Code and the Township Code by making
technical changes to Sections concerning zoning.
LRB9011672MWpc
LRB9011672MWpc
1 AN ACT in relation to zoning, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-12001 as follows:
6 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
7 Sec. 5-12001. Authority to regulate and restrict
8 location and use of structures.
9 For the purpose of promoting the public health, safety,
10 morals, comfort and general welfare, conserving the values of
11 property throughout the county, lessening or avoiding
12 congestion in the public streets and highways, and lessening
13 or avoiding the hazards to persons and damage to property
14 resulting from the accumulation or runoff of storm or flood
15 waters, the county board or board of county commissioners, as
16 the case may be, of each county, shall have the power to
17 regulate and restrict the location and use of buildings,
18 structures and land for trade, industry, residence and other
19 uses which may be specified by the such board, to regulate
20 and restrict the intensity of those such uses, to establish
21 building or setback lines on or along any street, trafficway,
22 drive, parkway or storm or floodwater runoff channel or basin
23 outside the limits of cities, villages and incorporated towns
24 which have in effect municipal zoning ordinances; to divide
25 the entire county outside the limits of such cities, villages
26 and incorporated towns into districts of such number, shape,
27 area and of such different classes, according to the use of
28 land and buildings, the intensity of such use (including
29 height of buildings and structures and surrounding open
30 space) and other classification as may be deemed best suited
31 to carry out the purposes of this Division; to prohibit uses,
-2- LRB9011672MWpc
1 buildings or structures incompatible with the character of
2 such districts respectively; and to prevent additions to and
3 alteration or remodeling of existing buildings or structures
4 in such a way as to avoid the restrictions and limitations
5 lawfully imposed hereunder: Provided, that permits with
6 respect to the erection, maintenance, repair, alteration,
7 remodeling or extension of buildings or structures used or to
8 be used for agricultural purposes shall be issued free of any
9 charge. The corporate authorities of the county may by
10 ordinance require the construction of fences around or
11 protective covers over previously constructed artificial
12 basins of water dug in the ground and used for swimming or
13 wading, which are located on private residential property and
14 intended for the use of the owner and guests. In all
15 ordinances or resolutions passed under the authority of this
16 Division, due allowance shall be made for existing
17 conditions, the conservation of property values, the
18 directions of building development to the best advantage of
19 the entire county, and the uses to which property is devoted
20 at the time of the enactment of any such ordinance or
21 resolution.
22 The powers by this Division given shall not be exercised
23 so as to deprive the owner of any existing property of its
24 use or maintenance for the purpose to which it is then
25 lawfully devoted; nor shall they be exercised so as to impose
26 regulations or require permits with respect to land used for
27 agricultural purposes, which includes the growing of farm
28 crops, truck garden crops, animal and poultry husbandry,
29 apiculture, aquaculture, dairying, floriculture,
30 horticulture, nurseries, tree farms, sod farms, pasturage,
31 viticulture, and wholesale greenhouses when such
32 agricultural purposes constitute the principal activity on
33 the land, other than parcels of land consisting of less than
34 5 acres from which $1,000 or less of agricultural products
-3- LRB9011672MWpc
1 were sold in any calendar year in counties with a population
2 between 300,000 and 400,000 or in counties contiguous to a
3 county with a population between 300,000 and 400,000, and
4 other than parcels of land consisting of less than 5 acres in
5 counties with a population in excess of 400,000, or with
6 respect to the erection, maintenance, repair, alteration,
7 remodeling or extension of buildings or structures used or to
8 be used for agricultural purposes upon such land except that
9 such buildings or structures for agricultural purposes may be
10 required to conform to building or set back lines and
11 counties may establish a minimum lot size for residences on
12 land used for agricultural purposes; nor shall any such
13 powers be so exercised as to prohibit the temporary use of
14 land for the installation, maintenance and operation of
15 facilities used by contractors in the ordinary course of
16 construction activities, except that such facilities may be
17 required to be located not less than 1,000 feet from any
18 building used for residential purposes, and except that the
19 period of such temporary use shall not exceed the duration of
20 the construction contract; nor shall any such powers include
21 the right to specify or regulate the type or location of any
22 poles, towers, wires, cables, conduits, vaults, laterals or
23 any other similar distributing equipment of a public utility
24 as defined in the Public utilities Act, if the public utility
25 is subject to the Messages Tax Act, the Gas Revenue Tax Act
26 or the Public Utilities Revenue Act, or if such facilities or
27 equipment are located on any rights of way and are used for
28 railroad purposes, nor shall any such powers be exercised in
29 any respect as to the facilities, as defined in Section
30 5-12001.1, of a telecommunications carrier, as also defined
31 therein, except to the extent and in the manner set forth in
32 Section 5-12001.1. As used in this Act, "agricultural
33 purposes" do not include the extraction of sand, gravel or
34 limestone, and such activities may be regulated by county
-4- LRB9011672MWpc
1 zoning ordinance even when such activities are related to an
2 agricultural purpose.
3 Nothing in this Division shall be construed to restrict
4 the powers granted by statute to cities, villages and
5 incorporated towns as to territory contiguous to but outside
6 of the limits of such cities, villages and incorporated
7 towns. Any zoning ordinance enacted by a city, village or
8 incorporated town shall supersede, with respect to territory
9 within the corporate limits of the municipality, any county
10 zoning plan otherwise applicable. The powers granted to
11 counties by this Division shall be treated as in addition to
12 powers conferred by statute to control or approve maps, plats
13 or subdivisions. In this Division, "agricultural purposes"
14 include, without limitation, the growing, developing,
15 processing, conditioning, or selling of hybrid seed corn,
16 seed beans, seed oats, or other farm seeds.
17 Nothing in this Division shall be construed to prohibit
18 the corporate authorities of a county from adopting an
19 ordinance that exempts pleasure driveways or park districts,
20 as defined in the Park District Code, with a population of
21 greater than 100,000, from the exercise of the county's
22 powers under this Division.
23 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
24 90-522, eff. 1-1-98; revised 11-4-97.)
25 Section 10. The Township Code is amended by changing
26 Section 110-15 as follows:
27 (60 ILCS 1/110-15)
28 Sec. 110-15. Exercise of powers.
29 (a) The powers given by this Article shall not be
30 exercised to deprive the owner of any existing property of
31 its use or maintenance for the purpose to which the property
32 it is then lawfully devoted.
-5- LRB9011672MWpc
1 (b) The powers given by this Article shall not be
2 exercised to impose regulations or require permits with
3 respect to land used or to be used for agricultural purposes
4 or with respect to the erection, maintenance, repair,
5 alteration, remodeling, or extension of buildings or
6 structures used or to be used for agricultural purposes upon
7 that land, except that buildings or structures for
8 agricultural purposes may be required to conform to building
9 or set back lines. "Agricultural purposes" include, without
10 limitation, the growing, developing, processing,
11 conditioning, or selling of hybrid seed corn, seed beans,
12 seed oats, or other farm seeds.
13 (c) The powers given by this Article do not include the
14 right to specify or regulate the type or location of any
15 poles, towers, wires, cables, conduit, vaults, laterals,
16 pipes, mains, valves, or any other similar distributing
17 equipment of a public utility as defined in the Public
18 Utilities Act.
19 (Source: P.A. 86-188; 88-62.)