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92_HB1011eng HB1011 Engrossed LRB9202622MWdv 1 AN ACT concerning 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. To the end that adequate light, pure air, 8 and safety from fire and other dangers may be secured, that 9 the taxable value of land and buildings throughout the 10 municipality may be conserved, that congestion in the public 11 streets may be lessened or avoided, that the hazards to 12 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 HB1011 Engrossed -2- LRB9202622MWdv 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 HB1011 Engrossed -3- LRB9202622MWdv 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. Nothing in this Section 5 prevents a municipality located in a county that has adopted 6 a zoning ordinance and the county that adopted the zoning 7 ordinance from entering into an intergovernmental agreement 8 that allows the municipality to exercise its zoning powers 9 beyond its territorial limits; provided, however, that the 10 intergovernmental agreement must be limited to the territory 11 within the municipality's planning jurisdiction as defined by 12 law or any existing boundary agreement. No such 13 intergovernmental agreement may authorize a municipality to 14 exercise its zoning powers, other than powers that a 15 municipality may exercise under Section 5-12001 of the 16 Counties Code, with respect to land used for agricultural 17 purposes. This amendatory Act of the 92nd General Assembly 18 is declarative of existing law. No municipality may exercise 19 any power set forth in this Division 13 outside the corporate 20 limits of the municipality with respect to a facility of a 21 telecommunications carrier defined in Section 5-12001.1 of 22 the Counties Code. If a municipality adopts a zoning plan 23 covering an area outside its corporate limits, the plan 24 adopted shall be reasonable with respect to the area outside 25 the corporate limits so that future development will not be 26 hindered or impaired; it is reasonable for a municipality to 27 regulate or prohibit the extraction of sand, gravel, or 28 limestone even when those activities are related to an 29 agricultural purpose. If all or any part of the area outside 30 the corporate limits of a municipality which has been zoned 31 in accordance with the provisions of this Division 13 is 32 annexed to another municipality or municipalities, the 33 annexing unit shall thereafter exercise all zoning powers and 34 regulations over the annexed area. HB1011 Engrossed -4- LRB9202622MWdv 1 In all ordinances passed under the authority of this 2 Division 13, due allowance shall be made for existing 3 conditions, the conservation of property values, the 4 direction of building development to the best advantage of 5 the entire municipality and the uses to which the property is 6 devoted at the time of the enactment of such an ordinance. 7 The powers conferred by this Division 13 shall not be 8 exercised so as to deprive the owner of any existing property 9 of its use or maintenance for the purpose to which it is then 10 lawfully devoted, but provisions may be made for the gradual 11 elimination of uses, buildings and structures which are 12 incompatible with the character of the districts in which 13 they are made or located, including, without being limited 14 thereto, provisions (a) for the elimination of such uses of 15 unimproved lands or lot areas when the existing rights of the 16 persons in possession thereof are terminated or when the uses 17 to which they are devoted are discontinued; (b) for the 18 elimination of uses to which such buildings and structures 19 are devoted, if they are adaptable for permitted uses; and 20 (c) for the elimination of such buildings and structures when 21 they are destroyed or damaged in major part, or when they 22 have reached the age fixed by the corporate authorities of 23 the municipality as the normal useful life of such buildings 24 or structures. 25 This amendatory Act of 1971 does not apply to any 26 municipality which is a home rule unit. 27 (Source: P.A. 90-522, eff. 1-1-98.)