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Public Act 92-0509
HB1011 Re-Enrolled LRB9202622MWdv
AN ACT concerning zoning.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-13-1 as follows:
(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
Sec. 11-13-1. To the end that adequate light, pure air,
and safety from fire and other dangers may be secured, that
the taxable value of land and buildings throughout the
municipality may be conserved, that congestion in the public
streets may be lessened or avoided, that the hazards to
persons and damage to property resulting from the
accumulation or runoff of storm or flood waters may be
lessened or avoided, and that the public health, safety,
comfort, morals, and welfare may otherwise be promoted, and
to insure and facilitate the preservation of sites, areas,
and structures of historical, architectural and aesthetic
importance; the corporate authorities in each municipality
have the following powers:
(1) To regulate and limit the height and bulk of
buildings hereafter to be erected; (2) to establish,
regulate and limit, subject to the provisions of Division
14 of this Article 11, the building or set-back lines on
or along any street, traffic-way, drive, parkway or storm
or floodwater runoff channel or basin; (3) to regulate
and limit the intensity of the use of lot areas, and to
regulate and determine the area of open spaces, within
and surrounding such buildings; (4) to classify, regulate
and restrict the location of trades and industries and
the location of buildings designed for specified
industrial, business, residential, and other uses; (5) to
divide the entire municipality into districts of such
number, shape, area, and of such different classes
(according to use of land and buildings, height and bulk
of buildings, intensity of the use of lot area, area of
open spaces, or other classification) as may be deemed
best suited to carry out the purposes of this Division
13; (6) to fix standards to which buildings or structures
therein shall conform; (7) to prohibit uses, buildings,
or structures incompatible with the character of such
districts; (8) to prevent additions to and alteration or
remodeling of existing buildings or structures in such a
way as to avoid the restrictions and limitations lawfully
imposed under this Division 13; (9) to classify, to
regulate and restrict the use of property on the basis of
family relationship, which family relationship may be
defined as one or more persons each related to the other
by blood, marriage or adoption and maintaining a common
household; and (10) to regulate or forbid any structure
or activity which may hinder access to solar energy
necessary for the proper functioning of a solar energy
system, as defined in Section 1.2 of The Comprehensive
Solar Energy Act of 1977.
The powers enumerated may be exercised within the
corporate limits or within contiguous territory not more than
one and one-half miles beyond the corporate limits and not
included within any municipality. However, if any
municipality adopts a plan pursuant to Division 12 of Article
11 which plan includes in its provisions a provision that the
plan applies to such contiguous territory not more than one
and one-half miles beyond the corporate limits and not
included in any municipality, then no other municipality
shall adopt a plan that shall apply to any territory included
within the territory provided in the plan first so adopted by
another municipality. No municipality shall exercise any
power set forth in this Division 13 outside the corporate
limits thereof, if the county in which such municipality is
situated has adopted "An Act in relation to county zoning",
approved June 12, 1935, as amended. Nothing in this Section
prevents a municipality of more than 112,000 population
located in a county of less than 185,000 population that has
adopted a zoning ordinance and the county that adopted the
zoning ordinance from entering into an intergovernmental
agreement that allows the municipality to exercise its zoning
powers beyond its territorial limits; provided, however, that
the intergovernmental agreement must be limited to the
territory within the municipality's planning jurisdiction as
defined by law or any existing boundary agreement. The
county and the municipality must amend their individual
zoning maps in the same manner as other zoning changes are
incorporated into revised zoning maps. No such
intergovernmental agreement may authorize a municipality to
exercise its zoning powers, other than powers that a county
may exercise under Section 5-12001 of the Counties Code, with
respect to land used for agricultural purposes. This
amendatory Act of the 92nd General Assembly is declarative of
existing law. No municipality may exercise any power set
forth in this Division 13 outside the corporate limits of the
municipality with respect to a facility of a
telecommunications carrier defined in Section 5-12001.1 of
the Counties Code. If a municipality adopts a zoning plan
covering an area outside its corporate limits, the plan
adopted shall be reasonable with respect to the area outside
the corporate limits so that future development will not be
hindered or impaired; it is reasonable for a municipality to
regulate or prohibit the extraction of sand, gravel, or
limestone even when those activities are related to an
agricultural purpose. If all or any part of the area outside
the corporate limits of a municipality which has been zoned
in accordance with the provisions of this Division 13 is
annexed to another municipality or municipalities, the
annexing unit shall thereafter exercise all zoning powers and
regulations over the annexed area.
In all ordinances passed under the authority of this
Division 13, due allowance shall be made for existing
conditions, the conservation of property values, the
direction of building development to the best advantage of
the entire municipality and the uses to which the property is
devoted at the time of the enactment of such an ordinance.
The powers conferred by this Division 13 shall not be
exercised so as to deprive the owner of any existing property
of its use or maintenance for the purpose to which it is then
lawfully devoted, but provisions may be made for the gradual
elimination of uses, buildings and structures which are
incompatible with the character of the districts in which
they are made or located, including, without being limited
thereto, provisions (a) for the elimination of such uses of
unimproved lands or lot areas when the existing rights of the
persons in possession thereof are terminated or when the uses
to which they are devoted are discontinued; (b) for the
elimination of uses to which such buildings and structures
are devoted, if they are adaptable for permitted uses; and
(c) for the elimination of such buildings and structures when
they are destroyed or damaged in major part, or when they
have reached the age fixed by the corporate authorities of
the municipality as the normal useful life of such buildings
or structures.
This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 90-522, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 24, 2001.
Governor Amendatory Veto August 17, 2001.
General Assembly Accepts Amendatory Veto November 28, 2001.
Returned to Governor for Certification December 12, 2001.
Governor Certifies Changes January 01, 2002.
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