State of Illinois
92nd General Assembly

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 1        AN ACT in relation to zoning.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Municipal  Code is amended by
 5    changing Section 11-13-1 as follows:

 6        (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
 7        Sec. 11-13-1.  Zoning powers.  To the end  that  adequate
 8    light,  pure  air, and safety from fire and other dangers may
 9    be secured, that the taxable  value  of  land  and  buildings
10    throughout the municipality may be conserved, that congestion
11    in  the  public  streets may be lessened or avoided, that the
12    hazards to persons and damage to property resulting from  the
13    accumulation  or  runoff  of  storm  or  flood  waters may be
14    lessened or avoided, and  that  the  public  health,  safety,
15    comfort,  morals,  and welfare may otherwise be promoted, and
16    to insure and facilitate the preservation  of  sites,  areas,
17    and  structures  of  historical,  architectural and aesthetic
18    importance; the corporate authorities  in  each  municipality
19    have the following powers:
20             (1)  To  regulate  and  limit the height and bulk of
21        buildings hereafter to  be  erected;  (2)  to  establish,
22        regulate and limit, subject to the provisions of Division
23        14  of this Article 11, the building or set-back lines on
24        or along any street, traffic-way, drive, parkway or storm
25        or floodwater runoff channel or basin;  (3)  to  regulate
26        and  limit  the intensity of the use of lot areas, and to
27        regulate and determine the area of  open  spaces,  within
28        and surrounding such buildings; (4) to classify, regulate
29        and  restrict  the  location of trades and industries and
30        the  location  of  buildings   designed   for   specified
31        industrial, business, residential, and other uses; (5) to
                            -2-                LRB9204596MWcs
 1        divide  the  entire  municipality  into districts of such
 2        number,  shape,  area,  and  of  such  different  classes
 3        (according to use of land and buildings, height and  bulk
 4        of  buildings,  intensity of the use of lot area, area of
 5        open spaces, or other classification) as  may  be  deemed
 6        best  suited  to  carry out the purposes of this Division
 7        13; (6) to fix standards to which buildings or structures
 8        therein shall conform; (7) to prohibit  uses,  buildings,
 9        or  structures  incompatible  with  the character of such
10        districts; (8) to prevent additions to and alteration  or
11        remodeling  of existing buildings or structures in such a
12        way as to avoid the restrictions and limitations lawfully
13        imposed under this  Division  13;  (9)  to  classify,  to
14        regulate and restrict the use of property on the basis of
15        family  relationship,  which  family  relationship may be
16        defined as one or more persons each related to the  other
17        by  blood,  marriage or adoption and maintaining a common
18        household; and (10) to regulate or forbid  any  structure
19        or  activity  which  may  hinder  access  to solar energy
20        necessary for the proper functioning of  a  solar  energy
21        system,  as  defined  in Section 1.2 of The Comprehensive
22        Solar Energy Act of 1977.
23        The  powers  enumerated  may  be  exercised  within   the
24    corporate limits or within contiguous territory not more than
25    one  and  one-half  miles beyond the corporate limits and not
26    included   within   any   municipality.   However,   if   any
27    municipality adopts a plan pursuant to Division 12 of Article
28    11 which plan includes in its provisions a provision that the
29    plan applies to such contiguous territory not more  than  one
30    and  one-half  miles  beyond  the  corporate  limits  and not
31    included in any  municipality,  then  no  other  municipality
32    shall adopt a plan that shall apply to any territory included
33    within the territory provided in the plan first so adopted by
34    another  municipality.  No  municipality  shall  exercise any
                            -3-                LRB9204596MWcs
 1    power set forth in this Division  13  outside  the  corporate
 2    limits  thereof,  if the county in which such municipality is
 3    situated has adopted "An Act in relation to  county  zoning",
 4    approved  June  12,  1935,  as  amended.  No municipality may
 5    exercise any power set forth in this Division 13 outside  the
 6    corporate  limits  of  the  municipality  with  respect  to a
 7    facility of a telecommunications carrier defined  in  Section
 8    5-12001.1  of  the Counties Code.  If a municipality adopts a
 9    zoning plan covering an area outside  its  corporate  limits,
10    the plan adopted shall be reasonable with respect to the area
11    outside  the corporate limits so that future development will
12    not  be  hindered  or  impaired;  it  is  reasonable  for   a
13    municipality  to regulate or prohibit the extraction of sand,
14    gravel, or limestone even when those activities  are  related
15    to  an  agricultural  purpose. If all or any part of the area
16    outside the corporate limits of a municipality which has been
17    zoned in accordance with the provisions of this  Division  13
18    is  annexed  to  another  municipality or municipalities, the
19    annexing unit shall thereafter exercise all zoning powers and
20    regulations over the annexed area.
21        In all ordinances passed  under  the  authority  of  this
22    Division  13,  due  allowance  shall  be  made  for  existing
23    conditions,   the   conservation   of  property  values,  the
24    direction of building development to the  best  advantage  of
25    the entire municipality and the uses to which the property is
26    devoted  at  the  time of the enactment of such an ordinance.
27    The powers  conferred  by  this  Division  13  shall  not  be
28    exercised so as to deprive the owner of any existing property
29    of its use or maintenance for the purpose to which it is then
30    lawfully  devoted, but provisions may be made for the gradual
31    elimination of  uses,  buildings  and  structures  which  are
32    incompatible  with  the  character  of the districts in which
33    they are made or located, including,  without  being  limited
34    thereto,  provisions  (a) for the elimination of such uses of
                            -4-                LRB9204596MWcs
 1    unimproved lands or lot areas when the existing rights of the
 2    persons in possession thereof are terminated or when the uses
 3    to which they are  devoted  are  discontinued;  (b)  for  the
 4    elimination  of  uses  to which such buildings and structures
 5    are devoted, if they are adaptable for  permitted  uses;  and
 6    (c) for the elimination of such buildings and structures when
 7    they  are  destroyed  or  damaged in major part, or when they
 8    have reached the age fixed by the  corporate  authorities  of
 9    the  municipality as the normal useful life of such buildings
10    or structures.
11        This amendatory  Act  of  1971  does  not  apply  to  any
12    municipality which is a home rule unit.
13    (Source: P.A. 90-522, eff. 1-1-98.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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