65 ILCS 5/11-13-1
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-13-1)Sec. 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;(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; and(12) to establish local standards solely for the     review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process; except that, other than reasonable restrictions as to size, no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential property during any period of time, the regulation of these signs being a power and function of the State and, therefor, this item (12) is a denial and limitation of concurrent home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.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.  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, 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.Notwithstanding any other provision of law to the contrary, 30 days prior to the issuance of any permits for 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, (ii) the address and telephone number of the governmental entity that is to issue the building permit for the telecommunications facility, (iii) a site plan and site map of sufficient specificity to indicate both the location of the parcel where the telecommunications facility is to be constructed and the location of all the telecommunications facilities within that parcel, and (iv) the property index number and common address of the parcel where the telecommunications facility is to be located. The notice shall not contain any material that appears to be an advertisement for the telecommunications carrier or any services provided by the telecommunications carrier. 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, except as provided in item (12).  (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)