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Full Text of HB1843

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HB1843 - 104th General Assembly

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House Amendment 001

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House Amendment 001

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HB1843 Engrossed
LRB104 11318 RTM 21404 b
1

AN ACT concerning local government.

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.
Zoning powers.

8

(a)
To the end that adequate light, pure air, and safety
9
from fire and other dangers may be secured, that the taxable
10
value of land and buildings throughout the municipality may be
11
conserved, that congestion in the public streets may be
12
lessened or avoided, that the hazards to persons and damage to
13
property resulting from the accumulation or runoff of storm or
14
flood waters may be lessened or avoided, and that the public
15
health, safety, comfort, morals, and welfare may otherwise be
16
promoted, and to insure and facilitate the preservation of
17
sites, areas, and structures of historical, architectural and
18
aesthetic importance; the corporate authorities in each
19
municipality have the following powers:
20

(1) to regulate and limit the height and bulk of
21

buildings hereafter to be erected;
22

(2) to establish, regulate and limit, subject to the
23

provisions of Division 14 of this Article 11, the building

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1

or set-back lines on or along any street, traffic-way,
2

drive, parkway or storm or floodwater runoff channel or
3

basin;
4

(3) to regulate and limit the intensity of the use of
5

lot areas, and to regulate and determine the area of open
6

spaces, within and surrounding such buildings;
7

(4) to classify, regulate
,
and restrict the location
8

of trades and industries and the location of buildings
9

designed for specified industrial, business, residential,
10

and other uses;
11

(5) to divide the entire municipality into districts
12

of such 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 13;
17

(6) to fix standards to which buildings or structures
18

therein shall conform;
19

(7) to prohibit uses, buildings, or structures
20

incompatible with the character of such districts;
21

(8) to prevent additions to and alteration or
22

remodeling of existing buildings or structures in such a
23

way as to avoid the restrictions and limitations lawfully
24

imposed under this Division 13;
25

(9)
except as provided in paragraph (2) of subsection
26

(c),
to classify,
to
regulate
,
and restrict the use of

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1

property on the basis of family relationship, which family
2

relationship may be defined as one or more persons each
3

related to the other by blood, marriage or adoption and
4

maintaining a common household;
5

(10) to regulate or forbid any structure or activity
6

which may hinder access to solar energy necessary for the
7

proper functioning of a solar energy system, as defined in
8

Section 1.2 of the Comprehensive Solar Energy Act of 1977;
9

(11) to require the creation and preservation of
10

affordable housing, including the power to provide
11

increased density or other zoning incentives to developers
12

who are creating, establishing, or preserving affordable
13

housing; and
14

(12) to establish local standards solely for the
15

review of the exterior design of buildings and structures,
16

excluding utility facilities and outdoor off-premises
17

advertising signs, and designate a board or commission to
18

implement the review process; except that, other than
19

reasonable restrictions as to size, no home rule or
20

non-home rule municipality may prohibit the display of
21

outdoor political campaign signs on residential property
22

during any period of time
, the regulation of these signs
23

being a power and function of the State and, therefor,
24

this item (12) is a denial and limitation of concurrent
25

home rule powers and functions under subsection (i) of
26

Section 6 of Article VII of the Illinois Constitution
.

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1

(b) The powers enumerated in this Section may not be used
2
in any way that violates or otherwise contradicts any other
3
applicable State or federal law, including the federal Fair
4
Housing Act and the Americans with Disabilities Act.
5

(c) A municipality may not adopt zoning regulations that
6
prohibit:
7

(1) the creation of a community-integrated living
8

arrangement or housing for a community-integrated living
9

arrangement; or
10

(2) notwithstanding paragraph (9) of subsection (a), 2
11

or more individuals, who are not related by blood, from
12

living together in a community-integrated living
13

arrangement or housing for a community-integrated living
14

arrangement.

15

(d)
The powers enumerated may be exercised within the
16
corporate limits or within contiguous territory not more than
17
one and one-half miles beyond the corporate limits and not
18
included within any municipality. However, if any municipality
19
adopts a plan pursuant to Division 12 of Article 11 which plan
20
includes in its provisions a provision that the plan applies
21
to such contiguous territory not more than one and one-half
22
miles beyond the corporate limits and not included in any
23
municipality, then no other municipality shall adopt a plan
24
that shall apply to any territory included within the
25
territory provided in the plan first so adopted by another
26
municipality. No municipality shall exercise any power set

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1
forth in this Division 13 outside the corporate limits
2
thereof, if the county in which such municipality is situated
3
has adopted "An Act in relation to county zoning", approved
4
June 12, 1935, as amended. Nothing in this Section prevents a
5
municipality of more than 112,000 population located in a
6
county of less than 185,000 population that has adopted a
7
zoning ordinance and the county that adopted the zoning
8
ordinance from entering into an intergovernmental agreement
9
that allows the municipality to exercise its zoning powers
10
beyond its territorial limits; provided, however, that the
11
intergovernmental agreement must be limited to the territory
12
within the municipality's planning jurisdiction as defined by
13
law or any existing boundary agreement. The county and the
14
municipality must amend their individual zoning maps in the
15
same manner as other zoning changes are incorporated into
16
revised zoning maps. No such intergovernmental agreement may
17
authorize a municipality to exercise its zoning powers, other
18
than powers that a county may exercise under Section 5-12001
19
of the Counties Code, with respect to land used for
20
agricultural purposes. This amendatory Act of the 92nd General
21
Assembly is declarative of existing law. No municipality may
22
exercise any power set forth in this Division 13 outside the
23
corporate limits of the municipality with respect to a
24
facility of a telecommunications carrier defined in Section
25
5-12001.1 of the Counties Code.
26

(e)
Notwithstanding any other provision of law to the

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1
contrary, 30 days prior to the issuance of any permits for a
2
new telecommunications facility within 1.5 miles of a
3
municipality, the telecommunications carrier constructing the
4
facility shall provide written notice of its intent to
5
construct the facility. The notice shall include, but not be
6
limited to, the following information: (i) the name, address,
7
and telephone number of the company responsible for the
8
construction of the facility, (ii) the address and telephone
9
number of the governmental entity that is to issue the
10
building permit for the telecommunications facility, (iii) a
11
site plan and site map of sufficient specificity to indicate
12
both the location of the parcel where the telecommunications
13
facility is to be constructed and the location of all the
14
telecommunications facilities within that parcel, and (iv) the
15
property index number and common address of the parcel where
16
the telecommunications facility is to be located. The notice
17
shall not contain any material that appears to be an
18
advertisement for the telecommunications carrier or any
19
services provided by the telecommunications carrier. The
20
notice shall be provided in person, by overnight private
21
courier, or by certified mail to all owners of property within
22
250 feet of the parcel in which the telecommunications carrier
23
has a leasehold or ownership interest. For the purposes of
24
this notice requirement, "owners" means those persons or
25
entities identified from the authentic tax records of the
26
county in which the telecommunications facility is to be

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1
located. If, after a bona fide effort by the
2
telecommunications carrier to determine the owner and his or
3
her address, the owner of the property on whom the notice must
4
be served cannot be found at the owner's last known address, or
5
if the mailed notice is returned because the owner cannot be
6
found at the last known address, the notice requirement of
7
this paragraph is deemed satisfied. For the purposes of this
8
paragraph, "facility" means that term as it is defined in
9
Section 5-12001.1 of the Counties Code.
10

(f)
If a municipality adopts a zoning plan covering an
11
area outside its corporate limits, the plan adopted shall be
12
reasonable with respect to the area outside the corporate
13
limits so that future development will not be hindered or
14
impaired; it is reasonable for a municipality to regulate or
15
prohibit the extraction of sand, gravel, or limestone even
16
when those activities are related to an agricultural purpose.
17
If all or any part of the area outside the corporate limits of
18
a municipality which has been zoned in accordance with the
19
provisions of this Division 13 is annexed to another
20
municipality or municipalities, the annexing unit shall
21
thereafter exercise all zoning powers and regulations over the
22
annexed area.
23

(g)
In all ordinances passed under the authority of this
24
Division 13, due allowance shall be made for existing
25
conditions, the conservation of property values, the direction
26
of building development to the best advantage of the entire

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1
municipality and the uses to which the property is devoted at
2
the time of the enactment of such an ordinance. The powers
3
conferred by this Division 13 shall not be exercised so as to
4
deprive the owner of any existing property of its use or
5
maintenance for the purpose to which it is then lawfully
6
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 they
9
are made or located, including, without being limited thereto,
10
provisions (a) for the elimination of such uses of unimproved
11
lands or lot areas when the existing rights of the persons in
12
possession thereof are terminated or when the uses to which
13
they are devoted are discontinued; (b) for the elimination of
14
uses to which such buildings and structures are devoted, if
15
they are adaptable for permitted uses; and (c) for the
16
elimination of such buildings and structures when they are
17
destroyed or damaged in major part, or when they have reached
18
the age fixed by the corporate authorities of the municipality
19
as the normal useful life of such buildings or structures.
20

(h)
This
Section

amendatory Act of 1971
does not apply to
21
any municipality which is a home rule unit, except
that
22
subsections (b) and (c) and paragraph (12) of subsection (a)
23
apply to home rule municipalities

as provided in item (12)
.
A
24
home rule unit may not exercise the zoning and other powers
25
described in subsections (b) and (c) and paragraph (12) of
26
subsection (a) in a manner that is inconsistent with the

HB1843 Engrossed
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LRB104 11318 RTM 21404 b
1
regulation by the State of those powers under those
2
provisions. This subsection (h) is a limitation under
3
subsection (i) of Section 6 of Article VII of the Illinois
4
Constitution on the concurrent exercise by home rule units of
5
powers and functions exercised by the State.

6
(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)

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