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90_SB1109enr
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
Amends the Counties Code. Provides that the corporate
authorities of a county may adopt an ordinance to impose
special use permits on the use of poles, towers, wires,
cables, conduits, vaults, laterals, or other similar
distributing equipment for a competitive telecommunications
service.
SRS90S0045PMch
SB1109 Enrolled SRS90S0045PMch
1 AN ACT concerning county 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 and adding Section 5-12001.1 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 such board, to regulate and
20 restrict the intensity of such uses, to establish building or
21 setback lines on or along any street, trafficway, drive,
22 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,
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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 or
27 to be used for agricultural purposes, other than parcels of
28 land consisting of less than 5 acres from which $1,000 or
29 less of agricultural products were sold in any calendar year
30 in counties with a population between 300,000 and 400,000 or
31 in counties contiguous to a county with a population between
32 300,000 and 400,000, and other than parcels of land
33 consisting of less than 5 acres in counties with a population
34 in excess of 400,000, or with respect to the erection,
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1 maintenance, repair, alteration, remodeling or extension of
2 buildings or structures used or to be used for agricultural
3 purposes upon such land except that such buildings or
4 structures for agricultural purposes may be required to
5 conform to building or set back lines; nor shall any such
6 powers be so exercised as to prohibit the temporary use of
7 land for the installation, maintenance and operation of
8 facilities used by contractors in the ordinary course of
9 construction activities, except that such facilities may be
10 required to be located not less than 1,000 feet from any
11 building used for residential purposes, and except that the
12 period of such temporary use shall not exceed the duration of
13 the construction contract; nor shall any such powers include
14 the right to specify or regulate the type or location of any
15 poles, towers, wires, cables, conduits, vaults, laterals or
16 any other similar distributing equipment of a public utility
17 as defined in The Public utilities Act, if the public utility
18 is subject to The Messages Tax Act, The Gas Revenue Tax Act
19 or The Public Utilities Revenue Act, or if such facilities or
20 equipment are located on any rights of way and are used for
21 railroad purposes, nor shall any such powers be exercised in
22 any respect as to the facilities, as defined in Section
23 5-12001.1, of a telecommunications carrier, as also defined
24 therein, except to the extent and in the manner set forth in
25 Section 5-12001.1. As used in this Act, "agricultural
26 purposes" do not include the extraction of sand, gravel or
27 limestone, and such activities may be regulated by county
28 zoning ordinance even when such activities are related to an
29 agricultural purpose.
30 Nothing in this Division shall be construed to restrict
31 the powers granted by statute to cities, villages and
32 incorporated towns as to territory contiguous to but outside
33 of the limits of such cities, villages and incorporated
34 towns. Any zoning ordinance enacted by a city, village or
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1 incorporated town shall supersede, with respect to territory
2 within the corporate limits of the municipality, any county
3 zoning plan otherwise applicable. The powers granted to
4 counties by this Division shall be treated as in addition to
5 powers conferred by statute to control or approve maps, plats
6 or subdivisions. In this Division, "agricultural purposes"
7 include, without limitation, the growing, developing,
8 processing, conditioning, or selling of hybrid seed corn,
9 seed beans, seed oats, or other farm seeds.
10 Nothing in this Division shall be construed to prohibit
11 the corporate authorities of a county from adopting an
12 ordinance that exempts pleasure driveways or park districts,
13 as defined in the Park District Code, with a population of
14 greater than 100,000, from the exercise of the county's
15 powers under this Division.
16 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)
17 (55 ILCS 5/5-12001.1 new)
18 Sec. 5-12001.1. Authority to regulate certain specified
19 facilities of a telecommunications carrier.
20 (a) Notwithstanding any other Section in this Division,
21 the county board or board of county commissioners of any
22 county shall have the power to regulate the location of the
23 facilities, as defined in subsection (c), of a
24 telecommunications carrier established outside the corporate
25 limits of cities, villages, and incorporated towns that have
26 municipal zoning ordinances in effect. The power shall only
27 be exercised to the extent and in the manner set forth in
28 this Section.
29 (b) The provisions of this Section shall not abridge any
30 rights created by or authority confirmed in the federal
31 Telecommunications Act of 1996, P.L. 104-104.
32 (c) As used in this Section, unless the context
33 otherwise requires:
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1 (1) "county jurisdiction area" means those portions
2 of a county that lie outside the corporate limits of
3 cities, villages, and incorporated towns that have
4 municipal zoning ordinances in effect;
5 (2) "county board" means the county board or board
6 of county commissioners of any county;
7 (3) "residential zoning district" means a zoning
8 district that is designated under a county zoning
9 ordinance and is zoned predominantly for residential
10 uses;
11 (4) "non-residential zoning district" means the
12 county jurisdiction area of a county, except for those
13 portions within a residential zoning district;
14 (5) "residentially zoned lot" means a zoning lot in
15 a residential zoning district;
16 (6) "non-residentially zoned lot" means a zoning
17 lot in a non-residential zoning district;
18 (7) "telecommunications carrier" means a
19 telecommunications carrier as defined in the Public
20 Utilities Act as of January 1, 1997;
21 (8) "facility" means that part of the signal
22 distribution system used or operated by a
23 telecommunications carrier under a license from the FCC
24 consisting of a combination of improvements and equipment
25 including (i) one or more antennas, (ii) a supporting
26 structure and the hardware by which antennas are
27 attached; (iii) equipment housing; and (iv) ancillary
28 equipment such as signal transmission cables and
29 miscellaneous hardware;
30 (9) "FAA" means the Federal Aviation Administration
31 of the United States Department of Transportation;
32 (10) "FCC" means the Federal Communications
33 Commission;
34 (11) "antenna" means an antenna device by which
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1 radio signals are transmitted, received, or both;
2 (12) "supporting structure" means a structure,
3 whether an antenna tower or another type of structure,
4 that supports one or more antennas as part of a facility;
5 (13) "qualifying structure" means a supporting
6 structure that is (i) an existing structure, if the
7 height of the facility, including the structure, is not
8 more than 15 feet higher than the structure just before
9 the facility is installed, or (ii) a substantially
10 similar, substantially same-location replacement of an
11 existing structure, if the height of the facility,
12 including the replacement structure, is not more than 15
13 feet higher than the height of the existing structure
14 just before the facility is installed;
15 (14) "equipment housing" means a combination of one
16 or more equipment buildings or enclosures housing
17 equipment that operates in conjunction with the antennas
18 of a facility, and the equipment itself;
19 (15) "height" of a facility means the total height
20 of the facility's supporting structure and any antennas
21 that will extend above the top of the supporting
22 structure; however, if the supporting structure's
23 foundation extends more than 3 feet above the uppermost
24 ground level along the perimeter of the foundation, then
25 each full foot in excess of 3 feet shall be counted as an
26 additional foot of facility height. The height of a
27 facility's supporting structure is to be measured from
28 the highest point of the supporting structure's
29 foundation;
30 (16) "facility lot" means the zoning lot on which a
31 facility is or will be located;
32 (17) "principal residential building" has its
33 common meaning but shall not include any building under
34 the same ownership as the land of the facility lot.
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1 "Principal residential building" shall not include any
2 structure that is not designed for human habitation;
3 (18) "horizontal separation distance" means the
4 distance measured from the center of the base of the
5 facility's supporting structure to the point where the
6 ground meets a vertical wall of a principal residential
7 building; and
8 (19) "lot line set back distance" means the
9 distance measured from the center of the base of the
10 facility's supporting structure to the nearest point on
11 the common lot line between the facility lot and the
12 nearest residentially zoned lot. If there is no common
13 lot line, the measurement shall be made to the nearest
14 point on the lot line of the nearest residentially zoned
15 lot without deducting the width of any intervening right
16 of way.
17 (d) In choosing a location for a facility, a
18 telecommunications carrier shall consider the following:
19 (1) A non-residentially zoned lot is the most
20 desirable location.
21 (2) A residentially zoned lot that is not used for
22 residential purposes is the second most desirable
23 location.
24 (3) A residentially zoned lot that is 2 acres or
25 more in size and is used for residential purposes is the
26 third most desirable location.
27 (4) A residentially zoned lot that is less than 2
28 acres in size and is used for residential purposes is the
29 least desirable location.
30 The size of a lot shall be the lot's gross area in square
31 feet without deduction of any unbuildable or unusable land,
32 any roadway, or any other easement.
33 (e) In designing a facility, a telecommunications
34 carrier shall consider the following guidelines:
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1 (1) No building or tower that is part of a facility
2 should encroach onto any recorded easement prohibiting
3 the encroachment unless the grantees of the easement have
4 given their approval.
5 (2) Lighting should be installed for security and
6 safety purposes only. Except with respect to lighting
7 required by the FCC or FAA, all lighting should be
8 shielded so that no glare extends substantially beyond
9 the boundaries of a facility.
10 (3) No facility should encroach onto an existing
11 septic field.
12 (4) Any facility located in a special flood hazard
13 area or wetland should meet the legal requirements for
14 those lands.
15 (5) Existing trees more than 3 inches in diameter
16 should be preserved if reasonably feasible during
17 construction. If any tree more than 3 inches in diameter
18 is removed during construction a tree 3 inches or more in
19 diameter of the same or a similar species shall be
20 planted as a replacement if reasonably feasible. Tree
21 diameter shall be measured at a point 3 feet above ground
22 level.
23 (6) If any elevation of a facility faces an
24 existing, adjoining residential use within a residential
25 zoning district, low maintenance landscaping should be
26 provided on or near the facility lot to provide at least
27 partial screening of the facility. The quantity and type
28 of that landscaping should be in accordance with any
29 county landscaping regulations of general applicability,
30 except that paragraph (5) of this subsection (e) shall
31 control over any tree-related regulations imposing a
32 greater burden.
33 (7) Fencing should be installed around a facility.
34 The height and materials of the fencing should be in
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1 accordance with any county fence regulations of general
2 applicability.
3 (8) Any building that is part of a facility located
4 adjacent to a residentially zoned lot should be designed
5 with exterior materials and colors that are reasonably
6 compatible with the residential character of the area.
7 (f) The following provisions shall apply to all
8 facilities established in any county jurisdiction area after
9 the effective date of the amendatory Act of 1997:
10 (1) Except as provided in this Section, no yard or
11 set back regulations shall apply to or be required for a
12 facility.
13 (2) A facility may be located on the same zoning
14 lot as one or more other structures or uses without
15 violating any ordinance or regulation that prohibits or
16 limits multiple structures, buildings, or uses on a
17 zoning lot.
18 (3) No minimum lot area, width, or depth shall be
19 required for a facility, and unless the facility is to be
20 manned on a regular, daily basis, no off-street parking
21 spaces shall be required for a facility. If the facility
22 is to be manned on a regular, daily basis, one off-street
23 parking space shall be provided for each employee
24 regularly at the facility. No loading facilities are
25 required.
26 (4) No portion of a facility's supporting structure
27 or equipment housing shall be less than 15 feet from the
28 front lot line of the facility lot or less than 10 feet
29 from any other lot line.
30 (5) No bulk regulations or lot coverage, building
31 coverage, or floor area ratio limitations shall be
32 applied to a facility or to any existing use or structure
33 coincident with the establishment of a facility. Except
34 as provided in this Section, no height limits or
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1 restrictions shall apply to a facility.
2 (6) A county's review of a building permit
3 application for a facility shall be completed within 30
4 days. If a decision of the county board is required to
5 permit the establishment of a facility, the county's
6 review of the application shall be simultaneous with the
7 process leading to the county board's decision.
8 (7) The improvements and equipment comprising the
9 facility may be wholly or partly freestanding or wholly
10 or partly attached to, enclosed in, or installed in or on
11 a structure or structures.
12 (8) Any public hearing authorized under this
13 Section shall be conducted in a manner determined by the
14 county board. Notice of any such public hearing shall be
15 published at least 15 days before the hearing in a
16 newspaper of general circulation published in the county.
17 (9) Any decision regarding a facility by the county
18 board or a county agency or official shall be supported
19 by written findings of fact. The circuit court shall
20 have jurisdiction to review the reasonableness of any
21 adverse decision and the plaintiff shall bear the burden
22 of proof, but there shall be no presumption of the
23 validity of the decision.
24 (g) The following provisions shall apply to all
25 facilities established after the effective date of this
26 amendatory Act of 1997 in the county jurisdiction area of any
27 county with a population of less than 180,000:
28 (1) A facility is permitted if its supporting
29 structure is a qualifying structure or if both of the
30 following conditions are met:
31 (A) the height of the facility shall not
32 exceed 200 feet, except that if a facility is
33 located more than one and one-half miles from the
34 corporate limits of any municipality with a
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1 population of 25,000 or more the height of the
2 facility shall not exceed 350 feet; and
3 (B) the horizontal separation distance to the
4 nearest principal residential building shall not be
5 less than the height of the supporting structure;
6 except that if the supporting structure exceeds 99
7 feet in height, the horizontal separation distance
8 to the nearest principal residential building shall
9 be at least 100 feet or 80% of the height of the
10 supporting structure, whichever is greater.
11 Compliance with this paragraph shall only be
12 evaluated as of the time that a building permit
13 application for the facility is submitted. If the
14 supporting structure is not an antenna tower this
15 paragraph is satisfied.
16 (2) Unless a facility is permitted under paragraph
17 (1) of this subsection (g), a facility can be established
18 only after the county board gives its approval following
19 consideration of the provisions of paragraph (3) of this
20 subsection (g). The county board may give its approval
21 after one public hearing on the proposal, but only by the
22 favorable vote of a majority of the members present at a
23 meeting held no later than 75 days after submission of a
24 complete application by the telecommunications carrier.
25 If the county board fails to act on the application
26 within 75 days after its submission, the application
27 shall be deemed to have been approved. No more than one
28 public hearing shall be required.
29 (3) For purposes of paragraph (2) of this
30 subsection (g), the following siting considerations, but
31 no other matter, shall be considered by the county board
32 or any other body conducting the public hearing:
33 (A) the criteria in subsection (d) of this
34 Section;
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1 (B) whether a substantial adverse effect on
2 public safety will result from some aspect of the
3 facility's design or proposed construction, but only
4 if that aspect of design or construction is
5 modifiable by the applicant;
6 (C) the benefits to be derived by the users of
7 the services to be provided or enhanced by the
8 facility and whether public safety and emergency
9 response capabilities would benefit by the
10 establishment of the facility;
11 (D) the existing uses on adjacent and nearby
12 properties; and
13 (E) the extent to which the design of the
14 proposed facility reflects compliance with
15 subsection (e) of this Section.
16 (4) On judicial review of an adverse decision, the
17 issue shall be the reasonableness of the county board's
18 decision in light of the evidence presented on the siting
19 considerations and the well-reasoned recommendations of
20 any other body that conducts the public hearing.
21 (h) The following provisions shall apply to all
22 facilities established after the effective date of this
23 amendatory Act of 1997 in the county jurisdiction area of any
24 county with a population of 180,000 or more. A facility is
25 permitted in any zoning district subject to the following:
26 (1) A facility shall not be located on a lot under
27 paragraph (4) of subsection (d) unless a variation is
28 granted by the county board under paragraph (4) of this
29 subsection (h).
30 (2) Unless a height variation is granted by the
31 county board, the height of a facility shall not exceed
32 75 feet if the facility will be located in a residential
33 zoning district or 200 feet if the facility will be
34 located in a non-residential zoning district. However,
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1 the height of a facility may exceed the height limit in
2 this paragraph, and no height variation shall be
3 required, if the supporting structure is a qualifying
4 structure.
5 (3) The improvements and equipment of the facility
6 shall be placed to comply with the requirements of this
7 paragraph at the time a building permit application for
8 the facility is submitted. If the supporting structure
9 is an antenna tower other than a qualifying structure
10 then (i) if the facility will be located in a residential
11 zoning district the lot line set back distance to the
12 nearest residentially zoned lot shall be at least 50% of
13 the height of the facility's supporting structure or (ii)
14 if the facility will be located in a non-residential
15 zoning district the horizontal separation distance to the
16 nearest principal residential building shall be at least
17 equal to the height of the facility's supporting
18 structure.
19 (4) The county board may grant variations for any
20 of the regulations, conditions, and restrictions of this
21 subsection (h), after one public hearing on the proposed
22 variations, by a favorable vote of a majority of the
23 members present at a meeting held no later than 75 days
24 after submission of an application by the
25 telecommunications carrier. If the county board fails to
26 act on the application within 75 days after submission,
27 the application shall be deemed to have been approved.
28 In its consideration of an application for variations,
29 the county board, and any other body conducting the
30 public hearing, shall consider the following, and no
31 other matters:
32 (A) whether, but for the granting of a
33 variation, the service that the telecommunications
34 carrier seeks to enhance or provide with the
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1 proposed facility will be less available, impaired,
2 or diminished in quality, quantity, or scope of
3 coverage;
4 (B) whether the conditions upon which the
5 application for variations is based are unique in
6 some respect or, if not, whether the strict
7 application of the regulations would result in a
8 hardship on the telecommunications carrier;
9 (C) whether a substantial adverse effect on
10 public safety will result from some aspect of the
11 facility's design or proposed construction, but only
12 if that aspect of design or construction is
13 modifiable by the applicant;
14 (D) whether there are benefits to be derived
15 by the users of the services to be provided or
16 enhanced by the facility and whether public safety
17 and emergency response capabilities would benefit by
18 the establishment of the facility; and
19 (E) the extent to which the design of the
20 proposed facility reflects compliance with
21 subsection (e) of this Section.
22 No more than one public hearing shall be required.
23 (5) On judicial review of an adverse decision, the
24 issue shall be the reasonableness of the county board's
25 decision in light of the evidence presented and the
26 well-reasoned recommendations of any other body that
27 conducted the public hearing.
28 Section 10. The Township Code is amended by changing
29 Section 110-5 as follows:
30 (60 ILCS 1/110-5)
31 Sec. 110-5. Application of Article.
32 (a) This Article applies only in those townships in
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1 which the electors of the township, at an annual or special
2 township meeting, authorize the township board to exercise
3 the powers conferred by this Article.
4 (b) This Article does not apply in any county in which a
5 county zoning ordinance or resolution is in effect. A county
6 zoning ordinance or resolution adopted after the adoption of
7 a township zoning ordinance or resolution under this Article
8 supersedes the township zoning ordinance or resolution.
9 (c) Regulations adopted under this Article do not apply
10 to any area that is governed by a municipal zoning ordinance.
11 (d) This Article does not apply to the facilities of a
12 telecommunications carrier defined in Section 5-12001.1 of
13 the Counties Code.
14 (Source: P.A. 82-783; 88-62.)
15 Section 15. The Illinois Municipal Code is amended by
16 changing Section 11-13-1 as follows:
17 (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
18 Sec. 11-13-1. To the end that adequate light, pure air,
19 and safety from fire and other dangers may be secured, that
20 the taxable value of land and buildings throughout the
21 municipality may be conserved, that congestion in the public
22 streets may be lessened or avoided, that the hazards to
23 persons and damage to property resulting from the
24 accumulation or runoff of storm or flood waters may be
25 lessened or avoided, and that the public health, safety,
26 comfort, morals, and welfare may otherwise be promoted, and
27 to insure and facilitate the preservation of sites, areas,
28 and structures of historical, architectural and aesthetic
29 importance; the corporate authorities in each municipality
30 have the following powers:
31 (1) To regulate and limit the height and bulk of
32 buildings hereafter to be erected; (2) to establish,
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1 regulate and limit, subject to the provisions of Division
2 14 of this Article 11, the building or set-back lines on
3 or along any street, traffic-way, drive, parkway or storm
4 or floodwater runoff channel or basin; (3) to regulate
5 and limit the intensity of the use of lot areas, and to
6 regulate and determine the area of open spaces, within
7 and surrounding such buildings; (4) to classify, regulate
8 and restrict the location of trades and industries and
9 the location of buildings designed for specified
10 industrial, business, residential, and other uses; (5) to
11 divide the entire municipality into districts of such
12 number, shape, area, and of such different classes
13 (according to use of land and buildings, height and bulk
14 of buildings, intensity of the use of lot area, area of
15 open spaces, or other classification) as may be deemed
16 best suited to carry out the purposes of this Division
17 13; (6) to fix standards to which buildings or structures
18 therein shall conform; (7) to prohibit uses, buildings,
19 or structures incompatible with the character of such
20 districts; (8) to prevent additions to and alteration or
21 remodeling of existing buildings or structures in such a
22 way as to avoid the restrictions and limitations lawfully
23 imposed under this Division 13; (9) to classify, to
24 regulate and restrict the use of property on the basis of
25 family relationship, which family relationship may be
26 defined as one or more persons each related to the other
27 by blood, marriage or adoption and maintaining a common
28 household; and (10) to regulate or forbid any structure
29 or activity which may hinder access to solar energy
30 necessary for the proper functioning of a solar energy
31 system, as defined in Section 1.2 of The Comprehensive
32 Solar Energy Act of 1977.
33 The powers enumerated may be exercised within the
34 corporate limits or within contiguous territory not more than
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1 one and one-half miles beyond the corporate limits and not
2 included within any municipality. However, if any
3 municipality adopts a plan pursuant to Division 12 of Article
4 11 which plan includes in its provisions a provision that the
5 plan applies to such contiguous territory not more than one
6 and one-half miles beyond the corporate limits and not
7 included in any municipality, then no other municipality
8 shall adopt a plan that shall apply to any territory included
9 within the territory provided in the plan first so adopted by
10 another municipality. No municipality shall exercise any
11 power set forth in this Division 13 outside the corporate
12 limits thereof, if the county in which such municipality is
13 situated has adopted "An Act in relation to county zoning",
14 approved June 12, 1935, as amended. No municipality may
15 exercise any power set forth in this Division 13 outside the
16 corporate limits of the municipality with respect to a
17 facility of a telecommunications carrier defined in Section
18 5-12001.1 of the Counties Code. If a municipality adopts a
19 zoning plan covering an area outside its corporate limits,
20 the plan adopted shall be reasonable with respect to the area
21 outside the corporate limits so that future development will
22 not be hindered or impaired; it is reasonable for a
23 municipality to regulate or prohibit the extraction of sand,
24 gravel, or limestone even when those activities are related
25 to an agricultural purpose. If all or any part of the area
26 outside the corporate limits of a municipality which has been
27 zoned in accordance with the provisions of this Division 13
28 is annexed to another municipality or municipalities, the
29 annexing unit shall thereafter exercise all zoning powers and
30 regulations over the annexed area.
31 In all ordinances passed under the authority of this
32 Division 13, due allowance shall be made for existing
33 conditions, the conservation of property values, the
34 direction of building development to the best advantage of
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1 the entire municipality and the uses to which the property is
2 devoted at the time of the enactment of such an ordinance.
3 The powers conferred by this Division 13 shall not be
4 exercised so as to deprive the owner of any existing property
5 of its use or maintenance for the purpose to which it is then
6 lawfully devoted, but provisions may be made for the gradual
7 elimination of uses, buildings and structures which are
8 incompatible with the character of the districts in which
9 they are made or located, including, without being limited
10 thereto, provisions (a) for the elimination of such uses of
11 unimproved lands or lot areas when the existing rights of the
12 persons in possession thereof are terminated or when the uses
13 to which they are devoted are discontinued; (b) for the
14 elimination of uses to which such buildings and structures
15 are devoted, if they are adaptable for permitted uses; and
16 (c) for the elimination of such buildings and structures when
17 they are destroyed or damaged in major part, or when they
18 have reached the age fixed by the corporate authorities of
19 the municipality as the normal useful life of such buildings
20 or structures.
21 This amendatory Act of 1971 does not apply to any
22 municipality which is a home rule unit.
23 (Source: P.A. 86-1025.)
24 Section 20. The Airport Zoning Act is amended by adding
25 Section 10.5 as follows:
26 (620 ILCS 25/10.5 new)
27 Sec. 10.5. Effect of other laws. None of the following
28 shall be construed to limit the authority created by this
29 Act:
30 (A) Section 5-12001 of the Counties Code;
31 (B) Section 5-12001.1 of the Counties Code;
32 (C) Section 110-5 of the Township Code; and
SB1109 Enrolled -19- SRS90S0045PMch
1 (D) Section 11-13-1 of the Illinois Municipal Code.