Bill Text: IL HB1019 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning county zoning powers.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB1019 Detail]

Download: Illinois-2019-HB1019-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1019 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
Amends the Counties Code. Makes a technical change in a Section concerning county zoning powers.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing Section
5-12001 as follows:
(55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
Sec. 5-12001. Authority to regulate and restrict location
and use of structures. For the the purpose of promoting the
public health, safety, morals, comfort and general welfare,
conserving the values of property throughout the county,
lessening or avoiding congestion in the public streets and
highways, and lessening or avoiding the hazards to persons and
damage to property resulting from the accumulation or runoff of
storm or flood waters, the county board or board of county
commissioners, as the case may be, of each county, shall have
the power to regulate and restrict the location and use of
buildings, structures and land for trade, industry, residence
and other uses which may be specified by such board, to
regulate and restrict the intensity of such uses, to establish
building or setback lines on or along any street, trafficway,
drive, parkway or storm or floodwater runoff channel or basin
outside the limits of cities, villages and incorporated towns
which have in effect municipal zoning ordinances; to divide the

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entire county outside the limits of such cities, villages and
incorporated towns into districts of such number, shape, area
and of such different classes, according to the use of land and
buildings, the intensity of such use (including height of
buildings and structures and surrounding open space) and other
classification as may be deemed best suited to carry out the
purposes of this Division; to prohibit uses, buildings or
structures incompatible with the character of such districts
respectively; and to prevent additions to and alteration or
remodeling of existing buildings or structures in such a way as
to avoid the restrictions and limitations lawfully imposed
hereunder: Provided, that permits with respect to the erection,
maintenance, repair, alteration, remodeling or extension of
buildings or structures used or to be used for agricultural
purposes shall be issued free of any charge. The corporate
authorities of the county may by ordinance require the
construction of fences around or protective covers over
previously constructed artificial basins of water dug in the
ground and used for swimming or wading, which are located on
private residential property and intended for the use of the
owner and guests. In all ordinances or resolutions passed under
the authority of this Division, due allowance shall be made for
existing conditions, the conservation of property values, the
directions of building development to the best advantage of the
entire county, and the uses to which property is devoted at the
time of the enactment of any such ordinance or resolution.

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The powers by this Division given shall not be exercised so
as to deprive the owner of any existing property of its use or
maintenance for the purpose to which it is then lawfully
devoted, but provisions may be made for (i) the gradual
elimination of the uses of unimproved lands or lot areas when
the existing rights of the persons in possession are terminated
or when the uses to which they are devoted are discontinued,
(ii) the gradual elimination of uses to which the buildings and
structures are devoted if they are adaptable to permitted uses,
and (iii) the gradual elimination of the buildings and
structures when they are destroyed or damaged in major part;
nor shall they be exercised so as to impose regulations,
eliminate uses, buildings, or structures, or require permits
with respect to land used for agricultural purposes, which
includes the growing of farm crops, truck garden crops, animal
and poultry husbandry, apiculture, aquaculture, dairying,
floriculture, horticulture, nurseries, tree farms, sod farms,
pasturage, viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on the
land, other than parcels of land consisting of less than 5
acres from which $1,000 or less of agricultural products were
sold in any calendar year in counties with a population between
300,000 and 400,000 or in counties contiguous to a county with
a population between 300,000 and 400,000, and other than
parcels of land consisting of less than 5 acres in counties
with a population in excess of 400,000, or with respect to the

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erection, maintenance, repair, alteration, remodeling or
extension of buildings or structures used or to be used for
agricultural purposes upon such land except that such buildings
or structures for agricultural purposes may be required to
conform to building or set back lines and counties may
establish a minimum lot size for residences on land used for
agricultural purposes; nor shall any such powers be so
exercised as to prohibit the temporary use of land for the
installation, maintenance and operation of facilities used by
contractors in the ordinary course of construction activities,
except that such facilities may be required to be located not
less than 1,000 feet from any building used for residential
purposes, and except that the period of such temporary use
shall not exceed the duration of the construction contract; nor
shall any such powers include the right to specify or regulate
the type or location of any poles, towers, wires, cables,
conduits, vaults, laterals or any other similar distributing
equipment of a public utility as defined in the Public
Utilities Act, if the public utility is subject to the Messages
Tax Act, the Gas Revenue Tax Act or the Public Utilities
Revenue Act, or if such facilities or equipment are located on
any rights of way and are used for railroad purposes, nor shall
any such powers be exercised with respect to uses, buildings,
or structures of a public utility as defined in the Public
Utilities Act, nor shall any such powers be exercised in any
respect as to the facilities, as defined in Section 5-12001.1,

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of a telecommunications carrier, as also defined therein,
except to the extent and in the manner set forth in Section
5-12001.1. As used in this Act, "agricultural purposes" do not
include the extraction of sand, gravel or limestone, and such
activities may be regulated by county zoning ordinance even
when such activities are related to an agricultural purpose.
Nothing in this Division shall be construed to restrict the
powers granted by statute to cities, villages and incorporated
towns as to territory contiguous to but outside of the limits
of such cities, villages and incorporated towns. Any zoning
ordinance enacted by a city, village or incorporated town shall
supersede, with respect to territory within the corporate
limits of the municipality, any county zoning plan otherwise
applicable. The powers granted to counties by this Division
shall be treated as in addition to powers conferred by statute
to control or approve maps, plats or subdivisions. In this
Division, "agricultural purposes" include, without limitation,
the growing, developing, processing, conditioning, or selling
of hybrid seed corn, seed beans, seed oats, or other farm
seeds.
Nothing in this Division shall be construed to prohibit the
corporate authorities of a county from adopting an ordinance
that exempts pleasure driveways or park districts, as defined
in the Park District Code, with a population of greater than
100,000, from the exercise of the county's powers under this
Division.

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The powers granted by this Division may be used to require
the creation and preservation of affordable housing, including
the power to provide increased density or other zoning
incentives to developers who are creating, establishing, or
preserving affordable housing.
(Source: P.A. 94-303, eff. 7-21-05.)