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Illinois Senate Bill SB2160

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2160 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2160 Introduced 2/10/2023, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1 Amends the Counties Code. Provides that if a municipality approves a special use permit for a facility regulated under the Livestock Management Facilities Act located within 1.5 miles of the border of the municipality, the parameters of the special use permit supersede the zoning powers of the county for that property. States that the provisions shall not be construed as to prevent a county from zoning property for any other agricultural use allowed under the Counties Code. Limits home rule powers. Amends the Illinois Municipal Code. Provides that facilities permitted under the Livestock Management Facilities Act may be permitted as a special use by the corporate authorities of a municipality and such special uses may be part of specified intergovernmental agreements. LRB103 27338 RLC 53709 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2160 Introduced 2/10/2023, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1 Amends the Counties Code. Provides that if a municipality approves a special use permit for a facility regulated under the Livestock Management Facilities Act located within 1.5 miles of the border of the municipality, the parameters of the special use permit supersede the zoning powers of the county for that property. States that the provisions shall not be construed as to prevent a county from zoning property for any other agricultural use allowed under the Counties Code. Limits home rule powers. Amends the Illinois Municipal Code. Provides that facilities permitted under the Livestock Management Facilities Act may be permitted as a special use by the corporate authorities of a municipality and such special uses may be part of specified intergovernmental agreements. LRB103 27338 RLC 53709 b LRB103 27338 RLC 53709 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2160 Introduced 2/10/2023, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
33 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1
44 55 ILCS 5/5-12009.6 new
55 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
66 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1
77 Amends the Counties Code. Provides that if a municipality approves a special use permit for a facility regulated under the Livestock Management Facilities Act located within 1.5 miles of the border of the municipality, the parameters of the special use permit supersede the zoning powers of the county for that property. States that the provisions shall not be construed as to prevent a county from zoning property for any other agricultural use allowed under the Counties Code. Limits home rule powers. Amends the Illinois Municipal Code. Provides that facilities permitted under the Livestock Management Facilities Act may be permitted as a special use by the corporate authorities of a municipality and such special uses may be part of specified intergovernmental agreements.
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Counties Code is amended by adding Section
1717 5 5-12009.6 as follows:
1818 6 (55 ILCS 5/5-12009.6 new)
1919 7 Sec. 5-12009.6. Municipal special use permits relating to
2020 8 facilities under the Livestock Management Facilities Act.
2121 9 (a) If a municipality approves a special use permit for a
2222 10 facility regulated under the Livestock Management Facilities
2323 11 Act located within 1.5 miles of the border of the
2424 12 municipality, the parameters of the special use permit
2525 13 supersede the zoning powers of the county for that property.
2626 14 This subsection shall not be construed as to prevent a county
2727 15 from zoning property for any other agricultural use allowed
2828 16 under this Code.
2929 17 (b) A home rule county may not regulate property in a
3030 18 manner inconsistent with this Section. This Section is a
3131 19 limitation under subsection (i) of Section 6 of Article VII of
3232 20 the Illinois Constitution on the concurrent exercise by home
3333 21 rule units of powers and functions exercised by the State.
3434 22 Section 10. The Illinois Municipal Code is amended by
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2160 Introduced 2/10/2023, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
3939 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1 55 ILCS 5/5-12009.6 new 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1
4040 55 ILCS 5/5-12009.6 new
4141 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
4242 65 ILCS 5/11-13-1.1 from Ch. 24, par. 11-13-1.1
4343 Amends the Counties Code. Provides that if a municipality approves a special use permit for a facility regulated under the Livestock Management Facilities Act located within 1.5 miles of the border of the municipality, the parameters of the special use permit supersede the zoning powers of the county for that property. States that the provisions shall not be construed as to prevent a county from zoning property for any other agricultural use allowed under the Counties Code. Limits home rule powers. Amends the Illinois Municipal Code. Provides that facilities permitted under the Livestock Management Facilities Act may be permitted as a special use by the corporate authorities of a municipality and such special uses may be part of specified intergovernmental agreements.
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7373 1 changing Sections 11-13-1 and 11-13-1.1 as follows:
7474 2 (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
7575 3 Sec. 11-13-1. To the end that adequate light, pure air,
7676 4 and safety from fire and other dangers may be secured, that the
7777 5 taxable value of land and buildings throughout the
7878 6 municipality may be conserved, that congestion in the public
7979 7 streets may be lessened or avoided, that the hazards to
8080 8 persons and damage to property resulting from the accumulation
8181 9 or runoff of storm or flood waters may be lessened or avoided,
8282 10 and that the public health, safety, comfort, morals, and
8383 11 welfare may otherwise be promoted, and to insure and
8484 12 facilitate the preservation of sites, areas, and structures of
8585 13 historical, architectural and aesthetic importance; the
8686 14 corporate authorities in each municipality have the following
8787 15 powers:
8888 16 (1) to regulate and limit the height and bulk of
8989 17 buildings hereafter to be erected;
9090 18 (2) to establish, regulate and limit, subject to the
9191 19 provisions of Division 14 of this Article 11, the building
9292 20 or set-back lines on or along any street, traffic-way,
9393 21 drive, parkway or storm or floodwater runoff channel or
9494 22 basin;
9595 23 (3) to regulate and limit the intensity of the use of
9696 24 lot areas, and to regulate and determine the area of open
9797 25 spaces, within and surrounding such buildings;
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108108 1 (4) to classify, regulate and restrict the location of
109109 2 trades and industries and the location of buildings
110110 3 designed for specified industrial, business, residential,
111111 4 and other uses;
112112 5 (5) to divide the entire municipality into districts
113113 6 of such number, shape, area, and of such different classes
114114 7 (according to use of land and buildings, height and bulk
115115 8 of buildings, intensity of the use of lot area, area of
116116 9 open spaces, or other classification) as may be deemed
117117 10 best suited to carry out the purposes of this Division 13;
118118 11 (6) to fix standards to which buildings or structures
119119 12 therein shall conform;
120120 13 (7) to prohibit uses, buildings, or structures
121121 14 incompatible with the character of such districts;
122122 15 (8) to prevent additions to and alteration or
123123 16 remodeling of existing buildings or structures in such a
124124 17 way as to avoid the restrictions and limitations lawfully
125125 18 imposed under this Division 13;
126126 19 (9) to classify, to regulate and restrict the use of
127127 20 property on the basis of family relationship, which family
128128 21 relationship may be defined as one or more persons each
129129 22 related to the other by blood, marriage or adoption and
130130 23 maintaining a common household;
131131 24 (10) to regulate or forbid any structure or activity
132132 25 which may hinder access to solar energy necessary for the
133133 26 proper functioning of a solar energy system, as defined in
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144144 1 Section 1.2 of the Comprehensive Solar Energy Act of 1977;
145145 2 (11) to require the creation and preservation of
146146 3 affordable housing, including the power to provide
147147 4 increased density or other zoning incentives to developers
148148 5 who are creating, establishing, or preserving affordable
149149 6 housing; and
150150 7 (12) to establish local standards solely for the
151151 8 review of the exterior design of buildings and structures,
152152 9 excluding utility facilities and outdoor off-premises
153153 10 advertising signs, and designate a board or commission to
154154 11 implement the review process; except that, other than
155155 12 reasonable restrictions as to size, no home rule or
156156 13 non-home rule municipality may prohibit the display of
157157 14 outdoor political campaign signs on residential property
158158 15 during any period of time, the regulation of these signs
159159 16 being a power and function of the State and, therefor,
160160 17 this item (12) is a denial and limitation of concurrent
161161 18 home rule powers and functions under subsection (i) of
162162 19 Section 6 of Article VII of the Illinois Constitution.
163163 20 The powers enumerated may be exercised within the
164164 21 corporate limits or within contiguous territory not more than
165165 22 one and one-half miles beyond the corporate limits and not
166166 23 included within any municipality. However, if any municipality
167167 24 adopts a plan pursuant to Division 12 of Article 11 which plan
168168 25 includes in its provisions a provision that the plan applies
169169 26 to such contiguous territory not more than one and one-half
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180180 1 miles beyond the corporate limits and not included in any
181181 2 municipality, then no other municipality shall adopt a plan
182182 3 that shall apply to any territory included within the
183183 4 territory provided in the plan first so adopted by another
184184 5 municipality. No municipality shall exercise any power set
185185 6 forth in this Division 13 outside the corporate limits
186186 7 thereof, if the county in which such municipality is situated
187187 8 has adopted "An Act in relation to county zoning", approved
188188 9 June 12, 1935, as amended. Nothing in this Section prevents a
189189 10 municipality of more than 112,000 population located in a
190190 11 county of less than 185,000 population that has adopted a
191191 12 zoning ordinance and the county that adopted the zoning
192192 13 ordinance from entering into an intergovernmental agreement
193193 14 that allows the municipality to exercise its zoning powers
194194 15 beyond its territorial limits; provided, however, that the
195195 16 intergovernmental agreement must be limited to the territory
196196 17 within the municipality's planning jurisdiction as defined by
197197 18 law or any existing boundary agreement. The county and the
198198 19 municipality must amend their individual zoning maps in the
199199 20 same manner as other zoning changes are incorporated into
200200 21 revised zoning maps. No such intergovernmental agreement may
201201 22 authorize a municipality to exercise its zoning powers, other
202202 23 than powers that a county may exercise under Section 5-12001
203203 24 of the Counties Code, with respect to land used for
204204 25 agricultural purposes, except to allow special uses for
205205 26 facilities permitted under the Livestock Management Facilities
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216216 1 Act as provided in Section 11-13-1.1 of this Code. This
217217 2 amendatory Act of the 92nd General Assembly is declarative of
218218 3 existing law. No municipality may exercise any power set forth
219219 4 in this Division 13 outside the corporate limits of the
220220 5 municipality with respect to a facility of a
221221 6 telecommunications carrier defined in Section 5-12001.1 of the
222222 7 Counties Code.
223223 8 Notwithstanding any other provision of law to the
224224 9 contrary, 30 days prior to the issuance of any permits for a
225225 10 new telecommunications facility within 1.5 miles of a
226226 11 municipality, the telecommunications carrier constructing the
227227 12 facility shall provide written notice of its intent to
228228 13 construct the facility. The notice shall include, but not be
229229 14 limited to, the following information: (i) the name, address,
230230 15 and telephone number of the company responsible for the
231231 16 construction of the facility, (ii) the address and telephone
232232 17 number of the governmental entity that is to issue the
233233 18 building permit for the telecommunications facility, (iii) a
234234 19 site plan and site map of sufficient specificity to indicate
235235 20 both the location of the parcel where the telecommunications
236236 21 facility is to be constructed and the location of all the
237237 22 telecommunications facilities within that parcel, and (iv) the
238238 23 property index number and common address of the parcel where
239239 24 the telecommunications facility is to be located. The notice
240240 25 shall not contain any material that appears to be an
241241 26 advertisement for the telecommunications carrier or any
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252252 1 services provided by the telecommunications carrier. The
253253 2 notice shall be provided in person, by overnight private
254254 3 courier, or by certified mail to all owners of property within
255255 4 250 feet of the parcel in which the telecommunications carrier
256256 5 has a leasehold or ownership interest. For the purposes of
257257 6 this notice requirement, "owners" means those persons or
258258 7 entities identified from the authentic tax records of the
259259 8 county in which the telecommunications facility is to be
260260 9 located. If, after a bona fide effort by the
261261 10 telecommunications carrier to determine the owner and his or
262262 11 her address, the owner of the property on whom the notice must
263263 12 be served cannot be found at the owner's last known address, or
264264 13 if the mailed notice is returned because the owner cannot be
265265 14 found at the last known address, the notice requirement of
266266 15 this paragraph is deemed satisfied. For the purposes of this
267267 16 paragraph, "facility" means that term as it is defined in
268268 17 Section 5-12001.1 of the Counties Code.
269269 18 If a municipality adopts a zoning plan covering an area
270270 19 outside its corporate limits, the plan adopted shall be
271271 20 reasonable with respect to the area outside the corporate
272272 21 limits so that future development will not be hindered or
273273 22 impaired; it is reasonable for a municipality to regulate or
274274 23 prohibit the extraction of sand, gravel, or limestone even
275275 24 when those activities are related to an agricultural purpose.
276276 25 If all or any part of the area outside the corporate limits of
277277 26 a municipality which has been zoned in accordance with the
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288288 1 provisions of this Division 13 is annexed to another
289289 2 municipality or municipalities, the annexing unit shall
290290 3 thereafter exercise all zoning powers and regulations over the
291291 4 annexed area.
292292 5 In all ordinances passed under the authority of this
293293 6 Division 13, due allowance shall be made for existing
294294 7 conditions, the conservation of property values, the direction
295295 8 of building development to the best advantage of the entire
296296 9 municipality and the uses to which the property is devoted at
297297 10 the time of the enactment of such an ordinance. The powers
298298 11 conferred by this Division 13 shall not be exercised so as to
299299 12 deprive the owner of any existing property of its use or
300300 13 maintenance for the purpose to which it is then lawfully
301301 14 devoted, but provisions may be made for the gradual
302302 15 elimination of uses, buildings and structures which are
303303 16 incompatible with the character of the districts in which they
304304 17 are made or located, including, without being limited thereto,
305305 18 provisions (a) for the elimination of such uses of unimproved
306306 19 lands or lot areas when the existing rights of the persons in
307307 20 possession thereof are terminated or when the uses to which
308308 21 they are devoted are discontinued; (b) for the elimination of
309309 22 uses to which such buildings and structures are devoted, if
310310 23 they are adaptable for permitted uses; and (c) for the
311311 24 elimination of such buildings and structures when they are
312312 25 destroyed or damaged in major part, or when they have reached
313313 26 the age fixed by the corporate authorities of the municipality
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324324 1 as the normal useful life of such buildings or structures.
325325 2 This amendatory Act of 1971 does not apply to any
326326 3 municipality which is a home rule unit, except as provided in
327327 4 item (12).
328328 5 (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
329329 6 (65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
330330 7 Sec. 11-13-1.1. The corporate authorities of any
331331 8 municipality may in its ordinances passed under the authority
332332 9 of this Division 13 provide for the classification of special
333333 10 uses. Such uses may include but are not limited to public and
334334 11 quasi-public uses affected with the public interest,
335335 12 facilities permitted under the Livestock Management Facilities
336336 13 Act, uses which may have a unique, special or unusual impact
337337 14 upon the use or enjoyment of neighboring property, and planned
338338 15 developments. A use may be a permitted use in one or more
339339 16 zoning districts, and a special use in one or more other zoning
340340 17 districts. A special use shall be permitted only after a
341341 18 public hearing before some commission or committee designated
342342 19 by the corporate authorities, with prior notice thereof given
343343 20 in the manner as provided in Section 11-13-6 and 11-13-7. Any
344344 21 notice required by this Section need not include a metes and
345345 22 bounds legal description of the area classified for special
346346 23 uses, provided that the notice includes: (i) the common street
347347 24 address or addresses and (ii) the property index number
348348 25 ("PIN") or numbers of all the parcels of real property
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359359 1 contained in the area classified for special uses. A special
360360 2 use shall be permitted only upon evidence that such use meets
361361 3 standards established for such classification in the
362362 4 ordinances, and the granting of permission therefor may be
363363 5 subject to conditions reasonably necessary to meet such
364364 6 standards. In addition, any proposed special use which fails
365365 7 to receive the approval of the commission or committee
366366 8 designated by the corporate authorities to hold the public
367367 9 hearing shall not be approved by the corporate authorities
368368 10 except by a favorable majority vote of all alderpersons,
369369 11 commissioners or trustees of the municipality then holding
370370 12 office; however, the corporate authorities may by ordinance
371371 13 increase the vote requirement to two-thirds of all
372372 14 alderpersons, commissioners or trustees of the municipality
373373 15 then holding office.
374374 16 (Source: P.A. 102-15, eff. 6-17-21.)
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