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91_HB2093
LRB9103744DHmg
1 AN ACT to amend the Counties Code by changing Section
2 5-12001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12001 as follows:
7 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
8 Sec. 5-12001. Authority to regulate and restrict
9 location and use of structures.
10 For the purpose of promoting the public health, safety,
11 morals, comfort and general welfare, conserving the values of
12 property throughout the county, lessening or avoiding
13 congestion in the public streets and highways, and lessening
14 or avoiding the hazards to persons and damage to property
15 resulting from the accumulation or runoff of storm or flood
16 waters, the county board or board of county commissioners, as
17 the case may be, of each county, shall have the power to
18 regulate and restrict the location and use of buildings,
19 structures and land for trade, industry, residence and other
20 uses which may be specified by such board, to regulate and
21 restrict the intensity of such uses, to establish building or
22 setback lines on or along any street, trafficway, drive,
23 parkway or storm or floodwater runoff channel or basin
24 outside the limits of cities, villages and incorporated towns
25 which have in effect municipal zoning ordinances; to divide
26 the entire county outside the limits of such cities, villages
27 and incorporated towns into districts of such number, shape,
28 area and of such different classes, according to the use of
29 land and buildings, the intensity of such use (including
30 height of buildings and structures and surrounding open
31 space) and other classification as may be deemed best suited
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1 to carry out the purposes of this Division; to prohibit uses,
2 buildings or structures incompatible with the character of
3 such districts respectively; and to prevent additions to and
4 alteration or remodeling of existing buildings or structures
5 in such a way as to avoid the restrictions and limitations
6 lawfully imposed hereunder: Provided, that permits with
7 respect to the erection, maintenance, repair, alteration,
8 remodeling or extension of buildings or structures used or to
9 be used for agricultural purposes shall be issued free of any
10 charge. The corporate authorities of the county may by
11 ordinance require the construction of fences around or
12 protective covers over previously constructed artificial
13 basins of water dug in the ground and used for swimming or
14 wading, which are located on private residential property and
15 intended for the use of the owner and guests. In all
16 ordinances or resolutions passed under the authority of this
17 Division, due allowance shall be made for existing
18 conditions, the conservation of property values, the
19 directions of building development to the best advantage of
20 the entire county, and the uses to which property is devoted
21 at the time of the enactment of any such ordinance or
22 resolution.
23 The powers by this Division given shall not be exercised
24 so as to deprive the owner of any existing property of its
25 use or maintenance for the purpose to which it is then
26 lawfully devoted, but provisions may be made for (i) the
27 gradual elimination of the uses of unimproved lands or lot
28 areas when the existing rights of the persons in possession
29 are terminated or when the uses to which they are devoted are
30 discontinued, (ii) the gradual elimination of uses to which
31 the buildings and structures are devoted if they are
32 adaptable to permitted uses, and (iii) the gradual
33 elimination of the buildings and structures when they are
34 destroyed or damaged in major part; nor shall they be
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1 exercised so as to impose regulations, eliminate uses,
2 buildings, or structures, or require permits with respect to
3 land used for agricultural purposes, which includes the
4 growing of farm crops, truck garden crops, animal and poultry
5 husbandry, apiculture, aquaculture, dairying, floriculture,
6 horticulture, nurseries, tree farms, sod farms, pasturage,
7 viticulture, and wholesale greenhouses when such
8 agricultural purposes constitute the principal activity on
9 the land, other than parcels of land consisting of less than
10 5 acres from which $1,000 or less of agricultural products
11 were sold in any calendar year in counties with a population
12 between 300,000 and 400,000 or in counties contiguous to a
13 county with a population between 300,000 and 400,000, and
14 other than parcels of land consisting of less than 5 acres in
15 counties with a population in excess of 400,000, or with
16 respect to the erection, maintenance, repair, alteration,
17 remodeling or extension of buildings or structures used or to
18 be used for agricultural purposes upon such land except that
19 such buildings or structures for agricultural purposes may be
20 required to conform to building or set back lines and
21 counties may establish a minimum lot size for residences on
22 land used for agricultural purposes; nor shall any such
23 powers be so exercised as to prohibit the temporary use of
24 land for the installation, maintenance and operation of
25 facilities used by contractors in the ordinary course of
26 construction activities, except that such facilities may be
27 required to be located not less than 1,000 feet from any
28 building used for residential purposes, and except that the
29 period of such temporary use shall not exceed the duration of
30 the construction contract; nor shall any such powers include
31 the right to specify or regulate the type or location of any
32 poles, towers, wires, cables, conduits, vaults, laterals or
33 any other similar distributing equipment of a public utility
34 as defined in the Public Utilities Act, if the public utility
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1 is subject to the Messages Tax Act, the Gas Revenue Tax Act
2 or the Public Utilities Revenue Act, or if such facilities or
3 equipment are located on any rights of way and are used for
4 railroad purposes, nor shall any such powers be exercised to
5 eliminate existing lawful with respect to uses, buildings, or
6 structures of a public utility as defined in the Public
7 Utilities Act, nor shall any such powers be exercised in any
8 respect as to the facilities, as defined in Section
9 5-12001.1, of a telecommunications carrier, as also defined
10 therein, except to the extent and in the manner set forth in
11 Section 5-12001.1. As used in this Act, "agricultural
12 purposes" do not include the extraction of sand, gravel or
13 limestone, and such activities may be regulated by county
14 zoning ordinance even when such activities are related to an
15 agricultural purpose.
16 Nothing in this Division shall be construed to restrict
17 the powers granted by statute to cities, villages and
18 incorporated towns as to territory contiguous to but outside
19 of the limits of such cities, villages and incorporated
20 towns. Any zoning ordinance enacted by a city, village or
21 incorporated town shall supersede, with respect to territory
22 within the corporate limits of the municipality, any county
23 zoning plan otherwise applicable. The powers granted to
24 counties by this Division shall be treated as in addition to
25 powers conferred by statute to control or approve maps, plats
26 or subdivisions. In this Division, "agricultural purposes"
27 include, without limitation, the growing, developing,
28 processing, conditioning, or selling of hybrid seed corn,
29 seed beans, seed oats, or other farm seeds.
30 Nothing in this Division shall be construed to prohibit
31 the corporate authorities of a county from adopting an
32 ordinance that exempts pleasure driveways or park districts,
33 as defined in the Park District Code, with a population of
34 greater than 100,000, from the exercise of the county's
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1 powers under this Division.
2 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
3 90-522, eff. 1-1-98; 90-655, eff. 7-30-98; 90-661, eff.
4 7-30-98.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.