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92_SB0323 LRB9204596MWcs 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 may5 exercise any power set forth in this Division 13 outside the6 corporate limits of the municipality with respect to a7 facility of a telecommunications carrier defined in Section8 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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