65 ILCS 5/11-13-1
Formerly cited as IL ST CH 24 ¶ 11-13-1
West's Smith-Hurd Illinois Compiled
Statutes Annotated Currentness
Chapter 65. Municipalities
Act 5.
Article 11. Corporate Powers and Functions (Refs & Annos)
Public Health, Safety
and Welfare
Planning, Zoning and Urban Rehabilitation
Division 13. Zoning (Refs & Annos)
5/11-13-1.
Objectives; classification, regulation and location of uses; nonconforming uses
§ 11-13-1. To the end that adequate
light, pure air, and safety from fire and other dangers may be secured, that
the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may
be lessened or avoided, that the hazards to persons and damage to property
resulting from the accumulation or runoff of storm or flood waters may be
lessened or avoided, and that the public health, safety, comfort, morals, and welfare may otherwise be promoted, and to insure and
facilitate the preservation of sites, areas, and structures of historical,
architectural and aesthetic importance; the corporate authorities in each municipality have the following powers:
(1) To regulate and limit the height and bulk of buildings hereafter to be erected; (2) to establish, regulate and limit, subject to the provisions of Division 14 of this Article 11, the building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin; (3) to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings; (4) to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses; (5) to divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Division 13; (6) to fix standards to which buildings or structures therein shall conform; (7) to prohibit uses, buildings, or structures incompatible with the character of such districts; (8) 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 under this Division 13; (9) to classify, to regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household; (10) to regulate or forbid any structure or activity which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of The Comprehensive Solar Energy Act of 1977; [FN1] and (11) 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.
The powers
enumerated may be exercised within the corporate limits or within contiguous
territory not more than one and one-half miles beyond the corporate limits and
not included within any municipality. However, if
any municipality adopts a plan pursuant to Division
12 of Article 11 which plan includes in its provisions a provision that the
plan applies to such contiguous territory not more than one and one-half miles
beyond the corporate limits and not included in any municipality, then no other municipality
shall adopt a plan that shall apply to any territory included within the
territory provided in the plan first so adopted by another municipality. No municipality shall
exercise any power set forth in this Division 13 outside the corporate limits
thereof, if the county in which such municipality
is situated has adopted "An Act in relation to county zoning", approved June 12, 1935, as amended. [FN2] Nothing in this Section prevents a municipality of more than 112,000 population located in a county of less
than 185,000 population that has adopted a zoning
ordinance and the county that adopted the zoning
ordinance from entering into an intergovernmental agreement that allows the municipality to exercise its zoning powers
beyond its territorial limits; provided, however, that the intergovernmental
agreement must be limited to the territory within the municipality's planning jurisdiction as defined by law or any existing
boundary agreement. The county and the municipality
must amend their individual zoning maps in the
same manner as other zoning changes are
incorporated into revised zoning maps. No such
intergovernmental agreement may authorize a municipality
to exercise its zoning powers, other than powers
that a county may exercise under Section 5-12001 of the Counties Code, [FN3] with respect to land used for
agricultural purposes. This amendatory Act of the 92nd General Assembly is
declarative of existing law. No municipality may
exercise any power set forth in this Division 13 outside
the corporate limits of the municipality with
respect to a facility of a telecommunications carrier defined in Section 5-
12001.1 of the Counties Code. [FN4]
Notwithstanding
any other provision of law to the contrary, at least 30 days prior to
commencing construction of a new telecommunications facility within 1.5 miles
of a municipality, the telecommunications carrier
constructing the facility shall provide written notice of its intent to construct
the facility. The notice shall include, but not be limited to, the following
information: (i) the name, address, and telephone
number of the company responsible for the construction of the facility and (ii)
the address and telephone number of the governmental entity that issued the
building permit for the telecommunications facility. The notice shall be
provided in person, by overnight private courier, or by certified mail to all
owners of property within 250 feet of the parcel in which the telecommunications
carrier has a leasehold or ownership interest. For the purposes of this notice
requirement, "owners" means those persons or entities identified from
the authentic tax records of the county in which the telecommunications
facility is to be located. If, after a bona fide effort by the
telecommunications carrier to determine the owner and his or her address,
the owner of the property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is returned because the
owner cannot be found at the last known address, the notice requirement of this
paragraph is deemed satisfied. For the purposes of this paragraph,
"facility" means that term as it is defined in Section 5-12001.1 of
the Counties Code.
If a municipality adopts a zoning plan covering
an area outside its corporate limits, the plan adopted shall be reasonable with
respect to the area outside the corporate limits so that future development
will not be hindered or impaired; it is reasonable for a municipality to regulate or prohibit the extraction of sand, gravel, or
limestone even when those activities are related to an agricultural purpose. If
all or any part of the area outside the corporate limits of a municipality which has been zoned in accordance with the provisions of
this Division 13 is annexed to another municipality
or municipalities, the annexing unit shall
thereafter exercise all zoning powers and
regulations over the annexed area.
In all ordinances passed under the authority of this Division 13,
due allowance shall be made for existing conditions, the conservation of
property values, the direction of building development to the best advantage of
the entire municipality and the uses to which the
property is devoted at the time of the enactment of such an ordinance. The
powers conferred by this Division 13 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 the gradual
elimination of uses, buildings and structures which are incompatible with the
character of the districts in which they are made or located, including,
without being limited thereto, provisions (a) for the elimination of such uses
of unimproved lands or lot areas when the existing rights of the persons in
possession thereof are terminated or when the uses to which they are devoted
are discontinued; (b) for the elimination of uses to which such buildings and
structures are devoted, if they are adaptable for permitted uses; and (c) for
the elimination of such buildings and structures when they are destroyed or
damaged in major part, or when they have reached the age fixed by the corporate
authorities of the municipality as the normal
useful life of such buildings or structures.
This amendatory Act of 1971 does not apply to any municipality which is a home rule unit.