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90_SB1109sam001
LRB9005402MWpcam
1 AMENDMENT TO SENATE BILL 1109
2 AMENDMENT NO. . Amend Senate Bill 1109 by replacing
3 everything after the enacting clause with the following:
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 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
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1 outside the limits of cities, villages and incorporated towns
2 which have in effect municipal zoning ordinances; to divide
3 the entire county outside the limits of such cities, villages
4 and incorporated towns into districts of such number, shape,
5 area and of such different classes, according to the use of
6 land and buildings, the intensity of such use (including
7 height of buildings and structures and surrounding open
8 space) and other classification as may be deemed best suited
9 to carry out the purposes of this Division; to prohibit uses,
10 buildings or structures incompatible with the character of
11 such districts respectively; and to prevent additions to and
12 alteration or remodeling of existing buildings or structures
13 in such a way as to avoid the restrictions and limitations
14 lawfully imposed hereunder: Provided, that permits with
15 respect to the erection, maintenance, repair, alteration,
16 remodeling or extension of buildings or structures used or to
17 be used for agricultural purposes shall be issued free of any
18 charge. The corporate authorities of the county may by
19 ordinance require the construction of fences around or
20 protective covers over previously constructed artificial
21 basins of water dug in the ground and used for swimming or
22 wading, which are located on private residential property and
23 intended for the use of the owner and guests. In all
24 ordinances or resolutions passed under the authority of this
25 Division, due allowance shall be made for existing
26 conditions, the conservation of property values, the
27 directions of building development to the best advantage of
28 the entire county, and the uses to which property is devoted
29 at the time of the enactment of any such ordinance or
30 resolution.
31 The powers by this Division given shall not be exercised
32 so as to deprive the owner of any existing property of its
33 use or maintenance for the purpose to which it is then
34 lawfully devoted; nor shall they be exercised so as to impose
-3- LRB9005402MWpcam
1 regulations or require permits with respect to land used or
2 to be used for agricultural purposes, other than parcels of
3 land consisting of less than 5 acres from which $1,000 or
4 less of agricultural products were sold in any calendar year
5 in counties with a population between 300,000 and 400,000 or
6 in counties contiguous to a county with a population between
7 300,000 and 400,000, and other than parcels of land
8 consisting of less than 5 acres in counties with a population
9 in excess of 400,000, or with respect to the erection,
10 maintenance, repair, alteration, remodeling or extension of
11 buildings or structures used or to be used for agricultural
12 purposes upon such land except that such buildings or
13 structures for agricultural purposes may be required to
14 conform to building or set back lines; nor shall any such
15 powers be so exercised as to prohibit the temporary use of
16 land for the installation, maintenance and operation of
17 facilities used by contractors in the ordinary course of
18 construction activities, except that such facilities may be
19 required to be located not less than 1,000 feet from any
20 building used for residential purposes, and except that the
21 period of such temporary use shall not exceed the duration of
22 the construction contract; nor shall any such powers include
23 the right to specify or regulate the type or location of any
24 poles, towers, wires, cables, conduits, vaults, laterals or
25 any other similar distributing equipment of a public utility
26 as defined in The Public utilities Act, if the public utility
27 is subject to The Messages Tax Act, The Gas Revenue Tax Act
28 or The Public Utilities Revenue Act, or if such facilities or
29 equipment are located on any rights of way and are used for
30 railroad purposes. As used in this Act, "agricultural
31 purposes" do not include the extraction of sand, gravel or
32 limestone, and such activities may be regulated by county
33 zoning ordinance even when such activities are related to an
34 agricultural purpose.
-4- LRB9005402MWpcam
1 Nothing in this Division shall be construed to restrict
2 the powers granted by statute to cities, villages and
3 incorporated towns as to territory contiguous to but outside
4 of the limits of such cities, villages and incorporated
5 towns. Any zoning ordinance enacted by a city, village or
6 incorporated town shall supersede, with respect to territory
7 within the corporate limits of the municipality, any county
8 zoning plan otherwise applicable. The powers granted to
9 counties by this Division shall be treated as in addition to
10 powers conferred by statute to control or approve maps, plats
11 or subdivisions. In this Division, "agricultural purposes"
12 include, without limitation, the growing, developing,
13 processing, conditioning, or selling of hybrid seed corn,
14 seed beans, seed oats, or other farm seeds.
15 Nothing in this Division shall be construed to prohibit
16 the corporate authorities of a county from adopting an
17 ordinance that exempts pleasure driveways or park districts,
18 as defined in the Park District Code, with a population of
19 greater than 100,000, from the exercise of the county's
20 powers under this Division.
21 (Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)".