55 ILCS 5/5-12001
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (from Ch. 34, par. 5-12001)Sec. 5-12001. Authority to regulate and restrict location and use of  structures.        For 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 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.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 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, 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.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.)