2023 Illinois Compiled Statutes › Chapter 620 - AIR TRANSPORTATION › 620 ILCS 25/ - Airport Zoning Act.

(620 ILCS 25/1) (from Ch. 15 1/2, par. 48.1)
Sec. 1. 
		Definitions.
For the purposes of this Act, the words, terms and phrases set forth
in Sections 2 to 10, inclusive, shall have the meanings prescribed in
such sections unless otherwise specifically defined, or unless another
intention clearly appears, or the context otherwise requires.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/2) (from Ch. 15 1/2, par. 48.2)
Sec. 2. 
		
		"Airport" means any area of land or water, or both, designed and
set aside for the landing and taking-off of aircraft and utilized or to be
utilized in the interest of the public for such purposes. An airport is
"publicly-owned" if the portion thereof used for the landing and taking-off
of aircraft is owned, operated, controlled, leased to or leased by the
United States, any agency or department thereof, this State, or any other
State, or any municipality or other political subdivision of this State or
any other State, or any other governmental body, public agency or other
public corporation.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/3) (from Ch. 15 1/2, par. 48.3)
Sec. 3. 
		
		"Airport hazard" means any structure or tree or use of land which
obstructs the airspace required for the flight of aircraft in landing or
taking-off at an airport or is otherwise hazardous to such landing or
taking-off of aircraft.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/4) (from Ch. 15 1/2, par. 48.4)
Sec. 4. 
		
		"Airport hazard area" means any area of land or water, or
both, upon which an airport hazard might be established if not prevented
as provided in this Act, including any such area which has been declared
to be an "airport hazard area" by the Department in
connection with any airport approach plan adopted by the Department.
(Source: P.A. 81-840.)
(620 ILCS 25/5) (from Ch. 15 1/2, par. 48.5)
Sec. 5. 
		
		"Department" means the Division of Aeronautics of the Department
of Transportation of this State.
(Source: P.A. 81-840.)
(620 ILCS 25/6) (from Ch. 15 1/2, par. 48.6)
Sec. 6. 
		
		"Political subdivision" means any municipality, city, incorporated
town, village, county, township, district or authority, or any combination
of two or more thereof.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/7) (from Ch. 15 1/2, par. 48.7)
Sec. 7. 
		
		"Person" means any individual, firm, co-partnership,
corporation, company, association, joint stock association, or body
politic, including any trustee, receiver, assignee, or other similar
representative thereof, and including this State and the Department.
(Source: P.A. 81-840.)
(620 ILCS 25/8) (from Ch. 15 1/2, par. 48.8)
Sec. 8. 
		"State" or "this State" means the State of Illinois.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/9) (from Ch. 15 1/2, par. 48.9)
Sec. 9. 
		
		"Structure" means any object constructed or installed by man,
including, but without limitation, buildings, towers, smoke-stacks, and
overhead transmission lines.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/10) (from Ch. 15 1/2, par. 48.10)
Sec. 10. 
		"Tree" means any object of natural growth.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/10.5)
Sec. 10.5. 
		Effect of other laws. 
		None of the following shall be construed
to limit the authority created by this Act:
(A) Section 5-12001 of the Counties Code;
(B) Section 5-12001.1 of the Counties Code;
(C) Section 110-5 of the Township Code; and
(D) Section 11-13-1 of the Illinois Municipal Code.
(Source: P.A. 90-522, eff. 1-1-98.)
(620 ILCS 25/11) (from Ch. 15 1/2, par. 48.11)
Sec. 11. 
		
		It is hereby found that an airport hazard endangers the lives and
property of users of the airport and of occupants of land in its vicinity,
and also, if of the obstruction type, in effect reduces the size of the
area available for the landing, taking-off and maneuvering of aircraft,
thus tending to destroy or impair the utility of the airport and the public
investment therein. Accordingly, it is hereby declared: (a) that the
creation or establishment of an airport hazard is a public nuisance and an
injury to the community served by the airport in question; (b) that it is
therefore necessary in the interest of the public health, public safety,
and general welfare that the creation or establishment of airport hazards
be prevented; and (c) that this should be accomplished, to the extent
legally possible, by exercise of the police power, without compensation. It
is further declared that both the prevention of the creation or
establishment of airport hazards and the elimination, removal, alteration,
mitigation, or marking and lighting of existing airport hazards are public
purposes for which the State and its political subdivisions may raise and
expend public funds and acquire land or property interests therein.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/12) (from Ch. 15 1/2, par. 48.12)
Sec. 12. 
		Preparation of airport approach plans.
The Department shall formulate, adopt and revise, when necessary, an
airport approach plan for each publicly-owned airport in the State. Each
such plan shall indicate the circumstances in which structures and trees
are or would be airport hazards, the area within which measures for the
protection of the airport's aerial approaches should be taken, and what the
height limits and other objectives of such measures should be. In adopting
or revising any such plan, the Department shall consider, among other
things, the character of the flying operations expected to be conducted at
the airport, the traffic pattern and regulations affecting flying
operations at the airport, the nature of the terrain, the height of
existing structures and trees above the level of the airport, and the
possibility of lowering or removing existing obstructions, and the
Department may obtain and consider the views of the agency of the Federal
Government charged with the fostering of civil aeronautics, as to the
aerial approaches necessary to safe flying operations at the airport.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/13) (from Ch. 15 1/2, par. 48.13)
Sec. 13. 
		
		Power
to adopt airport zoning regulations.
In order to prevent the creation or establishment of airport hazards,
every political subdivision having an airport hazard area wholly or partly
within its territorial limits may adopt, administer, and enforce, under the
police power and in the manner and upon the conditions hereinafter
prescribed, airport zoning regulations for that part of such airport hazard
area which is within its territorial limits or which extends not more than
two miles beyond its territorial limits.
Every political subdivision which owns or controls an airport which is
not located wholly or partly within its territorial limits may, in order to
prevent the creation of airport hazards, adopt, administer, and enforce,
under the police power and in the manner and upon the conditions
hereinafter prescribed, airport zoning regulations for that part of such
airport hazard area which extends not more than 2 miles from the boundaries
of said airport and which regulations are related to the runways and
facilities of such airport and shall not become effective until after such
runways and facilities are installed or constructed; provided, however,
that such zoning regulations shall not limit any existing use or require
the reduction of the height of any existing structure without the owner's
consent or the payment of just compensation for damages or loss resulting
therefrom.
Such regulations may divide such area into zones, and, within such
zones, specify the land uses permitted and regulate and restrict the height
to which structures and trees may be erected or allowed to grow.
(Source: Laws 1951, p. 988.)
(620 ILCS 25/14) (from Ch. 15 1/2, par. 48.14)
Sec. 14. 
		Cooperation of political subdivisions; Joint airport zoning board.
In each case where (a) an airport is owned, operated, controlled, leased
to or leased by a political subdivision and any airport hazard area
appertaining to such airport is located wholly or partly outside the
territorial limits of said political subdivision, or (b) an airport hazard
area is located wholly or partly within the territorial limits of two or
more political subdivisions, whether or not the particular airport in
connection with which such airport hazard area exists is owned, operated,
controlled, leased to or leased by one or more of such political
subdivisions, all the political subdivisions involved, including the
political subdivision which is the owner, operator, controller, lessee or
lessor of such airport, may, by ordinance or resolution duly adopted,
create a joint airport zoning board, which board shall have the same power
to adopt, administer and enforce airport zoning regulations applicable to
the airport hazard area in question, as that vested by Section 13 in the
political subdivision or political subdivisions within which such area is
wholly or partly located. Each such joint board shall have as members two
representatives appointed by the governing body of each political
subdivision participating in its creation and in addition, another member
to be chairman, elected by a majority of the members so appointed.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/15) (from Ch. 15 1/2, par. 48.15)
Sec. 15. 
		Incorporation within comprehensive zoning regulations.
In the event that a political subdivision has adopted, or hereafter
adopts, a comprehensive zoning ordinance regulating, among other things,
the height of buildings, any airport zoning regulations applicable to the
same area or portion thereof, may be incorporated in and made a part of
such comprehensive zoning regulations, and be administered and enforced in
connection therewith.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/16) (from Ch. 15 1/2, par. 48.16)
Sec. 16. 
		Airport zoning regulations to effectuate airport approach plans.
Every airport zoning regulation for an airport hazard area existing in
connection with a publicly-owned airport shall be designed to effectuate
the Department's airport approach plan, as amended by it, whenever
necessary, for such publicly-owned airport. Upon complaint filed with the
Department, including a complaint upon the Department's own motion, and
after notice and opportunity to be heard, in the manner provided by "An Act
relating to aeronautics and repealing a certain act herein named", enacted
by the 64th General Assembly, if the Department determines that any such
airport zoning regulation, in whole or in part, is substantially
inconsistent with the airport approach plan of the Department, as amended
by it, whenever necessary, it shall declare such airport zoning regulation
to be void, in whole or as to any separable part thereof, as may be
appropriate, and the whole or such separable part of such airport zoning
regulation as was declared by the Department to be void shall thereafter be
deemed to be void.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/17) (from Ch. 15 1/2, par. 48.17)
Sec. 17. 
		
		Power
of the Department to adopt airport zoning regulations.
In each case when an airport hazard area exists in connection with a
publicly-owned airport, the Department, on behalf of this State, shall upon
request of the political subdivision or subdivisions owning or operating
such airport adopt, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning
regulations for such airport hazard area, which regulations may divide such
area into zones, and, within such zones, specify the land uses permitted
and regulate and restrict the height to which structures and trees may be
erected or allowed to grow.
(Source: Laws 1961, p. 2907.)
(620 ILCS 25/18) (from Ch. 15 1/2, par. 48.18)
Sec. 18. 
		Conflict with other zoning regulations.
In the event of conflict between any airport zoning regulations adopted
under this Act and any other regulations applicable to the same area,
whether the conflict be with respect to the height of structures or trees,
the use of land, or any other matter, and whether such other regulations
were adopted by the political subdivision which adopted the airport zoning
regulations or by some other political subdivision, or by the Department,
the more stringent limitation or requirement shall govern and prevail.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/19) (from Ch. 15 1/2, par. 48.19)
Sec. 19. 
		Notice and hearing for adoption of zoning regulations. 
		No airport
zoning regulations shall be adopted, amended, or changed under this Act except
by action of the Department, or by action of the legislative body of the
political subdivision in question, or by action of the joint board provided for
in Section 14, after a public hearing in relation thereto, at which parties
in interest and citizens shall have an opportunity to be heard.  Notice of the
hearing shall be published at least once not more than 30 nor less than 15 days
before the hearing in a newspaper of general circulation
in the political subdivision or subdivisions in which is located, wholly
or partly, the airport hazard area to be zoned or, if no newspaper is
generally circulated in any such political subdivision, then in a newspaper
of general circulation in the county in which such political subdivision is
located.
(Source: P.A. 90-655, eff. 7-30-98.)
(620 ILCS 25/20) (from Ch. 15 1/2, par. 48.20)
Sec. 20. 
		Airport zoning commission.
Prior to the adoption of any initial airport zoning regulations under
this Act, except when such zoning is prescribed by the Department, under
Section 17, the governing body of the political subdivision or the joint
airport zoning board which is empowered to adopt such airport zoning
regulations shall appoint a commission of 2 or more persons to be known as
the airport zoning commission, to consider and recommend the airport zoning
regulations proposed for initial adoption. Such commission shall make a
preliminary report and hold one or more public hearings as it may find
necessary thereon before submitting its final report, and the governing
body of the political subdivision or the joint airport zoning board shall
not adopt an ordinance or resolution making or providing initial airport
zoning regulations or take other action in respect thereto until it has
received the final report of such commission. Upon receipt of such final
report said governing body or joint airport zoning board may without
further public hearing adopt an ordinance or resolution providing for and
making the initial airport zoning regulations recommended by such final
report. In the event said governing body or board does not concur in the
recommendations of such final report, it may conduct further public
hearings thereon and upon any proposed amendment or change in the
regulations thereby recommended, and, after said public hearing may reject
such report or adopt an ordinance or resolution placing into effect the
regulations as recommended by said commission or as amended or changed by
said governing body or board after such public hearing. Where a city plan
commission or comprehensive zoning commission already exists, it may be
appointed as the initial airport zoning commission. Said ordinance or
resolution may be amended, changed or revised after adoption by such
governing body or board after it shall have conducted a public hearing upon
any proposed amendment, change or revision. Public notice shall be given of
all public hearings referred to in this section as is provided in the case
of public hearings under Section 19.
(Source: Laws 1951, p. 988.)
(620 ILCS 25/21) (from Ch. 15 1/2, par. 48.21)
Sec. 21. 
		Reasonableness of airport zoning requirements.
All airport zoning regulations adopted under this Act shall be
reasonable and none shall impose any requirement or restriction which is
not reasonably necessary to effectuate the purposes of this Act. In
determining what regulations it may adopt, the Department, and each
political subdivision and joint airport zoning board shall consider, among
other things, the character of the flying operations expected to be
conducted at the airport, the traffic pattern and regulations affecting
flying operations at the airport, the nature of the terrain within the
airport hazard area, the character of the neighborhood, and the uses to
which the property to be zoned is put and adaptable; provided, however,
that no airport zoning regulation shall be adopted limiting the height or
location of structures usually and customarily employed in connection with
public utility operations without the concurrence of the Illinois Commerce
Commission.
(Source: Laws 1949, p. 328.)
(620 ILCS 25/22) (from Ch. 15 1/2, par. 48.22)
Sec. 22. 
		Non-conforming uses.
No airport zoning regulations adopted under this Act shall require the
removal, lowering, or other change or alteration of any structure or tree
not conforming to the regulations when adopted or amended, or otherwise
interfere with the continuance of any non-conforming use, except as
provided in Sections 23 and 25.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/23) (from Ch. 15 1/2, par. 48.23)
Sec. 23. 
		Permits. 
		Any airport zoning regulations adopted under this Act may require that
a permit be obtained before any new structure or use may be constructed or
established and before any existing use or structure may be substantially
changed or substantially altered or repaired. In any event, however, all
such regulations shall provide that before any non-conforming structure or
tree may be replaced, substantially altered or repaired, rebuilt, allowed
to grow higher, or replanted, a permit must be secured from the Department
or the administrative agency, as the case may be, authorized to administer
and enforce the regulations, authorizing such replacement, change or
repair. No permit shall be granted that would allow the establishment or
creation of an airport hazard or permit a non-conforming structure or tree
or non-conforming use to be made or become higher or become a greater
hazard to air navigation than it was when the applicable regulation was
adopted or than it is when the application for a permit is made. Whenever
the Department or administrative agency, as the case may be, determines
that a non-conforming use or non-conforming structure or tree has been
abandoned or more than 80 percent torn down, destroyed, deteriorated, or
decayed: (a) no permit shall be granted that would allow such structure or
tree to exceed the applicable height limit or otherwise deviate from the
zoning regulations; and (b) whether application is made for a permit under
this section or not, the Department or agency, as the case may be, may
by appropriate action compel the owner of the non-conforming structure or
tree, at his own expense, to lower, remove, reconstruct, or equip such
object as may be necessary to conform to the regulations. If the owner of
the non-conforming structure or tree shall neglect or refuse to comply with
such order for 10 days after notice thereof, the Department or agency,
as the case may be, may proceed to have the object so lowered, removed,
reconstructed, or equipped and shall have a lien, upon behalf of the State
or the political subdivision, as the case may be, upon the land whereon it
is or was located, in the amount of the cost and expense thereof. Such lien
may be enforced by the Department, on behalf of the State, or by such
political subdivision, as the case may be, by an action for the
enforcement thereof, as in the case of other liens. Except as provided
herein, applications for permits shall be granted.
(Source: P.A. 83-345.)
(620 ILCS 25/24) (from Ch. 15 1/2, par. 48.24)
Sec. 24. 
		Variances.
Any person desiring to erect any structure, or increase the height of
any structure, or permit the growth of any tree, or otherwise use his
property in violation of airport zoning regulations adopted under this
Act, may apply to the Department, when it has prescribed said
regulations, and in other cases, to the Board of Appeals, for a variance
from the zoning regulations in question. Such variances shall be allowed
where a literal application or enforcement of the regulations would result
in practical difficulty or unnecessary hardship and the relief granted
would not be contrary to the public interest but do substantial justice and
be in accordance with the spirit of the regulations and this Act; Provided,
That any variance may be allowed subject to any reasonable conditions that
the Department or the Board of Appeals, as the case may be, may deem
necessary to effectuate the purposes of this Act. Nothing in this section
authorizes the allowance of any variation which will conflict with any
zoning ordinance or regulation of any political subdivision, except such as
is adopted exclusively for airport zoning.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/25) (from Ch. 15 1/2, par. 48.25)
Sec. 25. 
		
		Hazard
marking and lighting.
In granting any permit under Section 23 or variance under Section
24, the Department or any administrative agency or Board of Appeals may,
if it deems such action advisable to effectuate the purposes of this Act
and reasonable in the circumstances, so condition such permit or variance
as to require the owner of the structure or tree in question to permit the
State or the political subdivision, as the case may be, at its own expense,
to install, operate, and maintain thereon such markers and lights as may be
necessary to indicate to flyers the presence of an airport hazard.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/26) (from Ch. 15 1/2, par. 48.26)
Sec. 26. 
		Administration of airport zoning regulations.
All airport zoning regulations adopted under this Act, except those
adopted by the Department under Section 17, shall provide for the
administration and enforcement of such regulations by an administrative
agency which may be an agency created by such regulations or any board or
governing body or other existing agency of any political subdivision
adopting the regulations or of one of the political subdivisions which
participated in the creation of the joint airport zoning board adopting the
regulations, if satisfactory to that political subdivision; but in no case
shall such administrative agency be or include any member of the Board of
Appeals. The duties of any administrative agency designated pursuant to
this Act shall include that of hearing and deciding all permits under
Section 23 but such agency shall not have or exercise any of the powers
herein granted to the Board of Appeals.
When the Department adopts airport zoning regulations under Section
17, it shall administer and enforce such regulations, and shall have and
shall exercise, to such extent as may be practicable, under rules, rulings,
regulations, orders and decisions issued by it in connection therewith,
such powers as are granted to and may be exercised by any Board of Appeals
which shall be established under any airport zoning regulations adopted by
any political subdivision, pursuant to Sections 24, 25 and 27 of this
Act.
(Source: Laws 1951, p. 988.)
(620 ILCS 25/27) (from Ch. 15 1/2, par. 48.27)
Sec. 27. 
		
		Board
of Appeals-Powers.
All airport zoning regulations adopted under this Act, except those
adopted by the Department under Section 17, shall provide for a Board of
Appeals to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or
determination made by the administrative agency in the enforcement of the
airport zoning regulations, as provided in Section 29.
(b) To hear and decide any special exceptions to the terms of the
airport zoning regulations upon which such Board may be required to pass
under such regulations.
(c) To hear and decide specific variances under Section 24.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/28) (from Ch. 15 1/2, par. 48.28)
Sec. 28. 
		
		Board
of Appeals-Organization and procedure.
Where a zoning board of appeals already exists, it may be appointed as
the Board of Appeals under this Act. Otherwise, the Board of Appeals
shall consist of five members, each to be appointed for a term of three
years and until his successor is appointed and qualified, one of whom shall
be designated Chairman and one of whom shall be designated Vice-Chairman,
which appointments shall be made by the governing body of the political
subdivision adopting the regulations, or by the joint airport zoning board
adopting the regulations, as the case may be; and said members shall be
removable by the appointing body for cause, upon written charges and after
notice and opportunity for public hearing before the appointing body.
The vote of a majority of the members of the Board of Appeals shall be
sufficient for all purposes, including the reversal of any order,
requirement, decision, or determination of the administrative agency, or a
decision in favor of the applicant on any matter upon which it is required
to pass under the airport zoning regulations, or to effect any variation in
such regulations.
The Board shall adopt rules concerning its organization, procedure and
other authorized matters, consistent with the provisions of this Act, and
in accordance with the provisions of the ordinance or resolution by which
it was created. Meetings of the Board shall be held at the call of the
chairman and at such other times as the Board may determine. The Chairman,
or in his absence the vice-chairman, may administer oaths or affirmations
and issue subpoenas to compel the attendance of witnesses. All hearings of
the Board shall be public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall immediately be
filed in the office of the Board and shall be a public record.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/29) (from Ch. 15 1/2, par. 48.29)
Sec. 29. 
		Appeals.
In cases where airport zoning regulations are adopted by a political
subdivision or joint airport zoning board under either Sections 13, 14 or
15, any person, including the Department on behalf of the State,
aggrieved by any decision of an administrative agency made in its
administration of airport zoning regulations adopted under this Act, or
any governing body of a political subdivision, or any joint airport zoning
board, which is of the opinion that a decision of such an administrative
agency is an improper application of airport zoning regulations of concern
to such governing body or board, may appeal to the Board of Appeals
authorized to hear and decide appeals from the decisions of such
administrative agency.
All appeals taken under this Section must be taken within a reasonable
time, as provided by the rules of the Board, by filing with the agency from
which the appeal is taken and with the Board, a notice of appeal specifying
the grounds thereof. The agency from which the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the agency from which the appeal is taken certifies
to the Board, after the notice of appeal has been filed with it, that by
reason of the facts stated in the certificate a stay would, in its opinion,
cause imminent peril to life or property. In such cases, proceedings shall
not be stayed otherwise than by order of the Board on notice to the agency
from which the appeal is taken and on due cause shown.
The Board shall fix a reasonable time for the hearing of appeals, give
public notice and due notice to the parties in interest, and decide the
same within a reasonable time. Upon the hearing any party may appear in
person or by agent or by attorney.
The Board may, in conformity with the provisions of this Act, reverse or
affirm, wholly or partly, or modify, the order, requirement, decision, or
determination appealed from and may make such order, requirement, decision,
or determination as ought to be made, and to that end shall have all the
powers of the administrative agency from which the appeal is taken.
In all cases in which the Department has adopted airport zoning
regulations under Section 17, any person, other than the Department,
aggrieved by any decision of the Department made in the administration of
such airport zoning regulation, or any governing body of a political
subdivision, or any joint airport zoning board, which is of the opinion
that a decision of the Department is an improper application of airport
zoning regulations of concern to such governing body or board, may apply to
the Department to reverse, wholly or partly, or modify, or otherwise
change, abrogate or rescind any such decision, pursuant to rules, rulings,
regulations, orders and decisions in connection therewith which may be
prescribed by the Department. To the extent practicable, the procedure
prescribed in this Section for proceedings before Boards of Appeal shall
govern applications to the Department to reverse, wholly or partly, or
modify, or otherwise amend, change, abrogate or rescind any such decision.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/30a) (from Ch. 15 1/2, par. 48.30a)
Sec. 30a. 
		Administrative Review Law. 
		Judicial review proceedings under
this Act shall be governed by the Administrative Review Law, as the same
may be amended or supplemented.
(Source: P.A. 82-783.)
(620 ILCS 25/33) (from Ch. 15 1/2, par. 48.33)
Sec. 33. 
		Acquisition of air rights.
In any case in which: (1) it is desired to remove, lower, or otherwise
terminate a non-conforming structure or use; or (2) the approach protection
necessary cannot, because of constitutional limitations, be provided by
airport zoning regulations under this Act; or (3) it appears advisable
that the necessary approach protection be provided by acquisition of
property rights rather than by airport zoning regulations, the Department,
on behalf of and in the name of the State, within the limitation of
available appropriations, or each political subdivision within which the
property or non-conforming use is wholly or partly located or the political
subdivision owning, operating, controlling or which is lessee or lessor of
the airport or is served by it may acquire, by purchase, grant, or
condemnation in the manner provided by the law under which the Department,
on behalf of and in the name of the State, or political subdivisions are
authorized to acquire real property for public purposes, such air right,
avigation easement, or other estate or interest in the property or
non-conforming structure or use in question as may be necessary to
effectuate the purposes of this Act.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/33.5)
Sec. 33.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(620 ILCS 25/34) (from Ch. 15 1/2, par. 48.34)
Sec. 34. 
		Enforcement and remedies. 
		Any person, other than the Department, its officers and employees
while acting in their official capacities, who shall violate this Act or
any regulations, orders, or rulings promulgated or made pursuant to this
Act, shall be guilty of a petty offense, and each day a violation
continues to exist after notice shall constitute a separate offense. In
addition, the Department or political subdivision or joint airport
zoning board adopting airport zoning regulations under this Act may
institute in the circuit court of any county in which the airport hazard
area is located, in whole or in part, in connection with which such
airport zoning regulations were adopted, an action to prevent, restrain,
correct or abate any
violation of this Act, or of airport zoning regulations adopted under
this Act, or of any order or ruling made in connection with
their administration or enforcement, and the court shall adjudge to the
plaintiff such relief, by way of injunction (which may be mandatory) or
otherwise, as may be proper under all the facts and circumstances of the
case, in order fully to effectuate the purposes of this Act and of the
regulations adopted and orders and rulings made pursuant thereto.
(Source: P.A. 81-1509.)
(620 ILCS 25/35) (from Ch. 15 1/2, par. 48.35)
Sec. 35. 
		Separability.
If any provision of this Act or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect the
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared to be severable.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/36) (from Ch. 15 1/2, par. 48.36)
Sec. 36. 
		Repeal; effect on prior offenses or plans.
"An Act to empower and direct the Illinois Aeronautics Commission to
prepare airport approach plans for publicly-owned airports; to empower and
direct municipalities and other political subdivisions to promulgate,
administer, and enforce airport zoning regulations limiting the height of
structures and objects of natural growth, and otherwise regulating the use
of property, in the vicinity of such airports; to authorize the
acquisition, by purchase, grant, or condemnation, of air rights and other
interests in land; and to provide penalties and remedies for violations of
this act or of any ordinance, resolution or regulation made under the
authority conferred thereby," filed July 29, 1941, and all other acts or
parts of acts which are inconsistent with the provisions of this Act, are
hereby repealed; provided, however, that the provisions for repeal in this
section shall not in any way:
(a) Affect any offense committed, an act done, a penalty, punishment or
forfeiture incurred, or a claim, right, power or remedy accrued, under "An
Act to empower and direct the Illinois Aeronautics Commission to prepare
airport approach plans for publicly-owned airports; to empower and direct
municipalities and other political subdivisions to promulgate, administer,
and enforce airport zoning regulations limiting the height of structures
and objects of natural growth, and otherwise regulating the use of
property, in the vicinity of such airports; to authorize the acquisition,
by purchase, grant, or condemnation, of air rights and other interests in
land; and to provide penalties and remedies for violations of this act or
of any ordinance, resolution or regulation made under the authority
conferred thereby", filed July 28, 1941;
(b) Invalidate or change any airport approach plans, any airport zoning
regulations, any permits or variances granted, any action, matter or
proceeding by or on behalf of, or before, the Illinois Aeronautics
Commission, any municipality, county or other political subdivision, any
administrative agency or any Board of Appeals, or any other officer,
department, board or bureau, or any petition filed with, or any action or
proceedings instituted before, any court, or any air right, easement, or
other estate or interest in property acquired, by whatever means, by any of
the foregoing, under and pursuant to the provisions of "An Act to empower
and direct the Illinois Aeronautics Commission to prepare airport approach
plans for publicly-owned airports; to empower and direct municipalities and
other political subdivisions to promulgate, administer, and enforce airport
zoning regulations limiting the height of structures and objects of natural
growth, and otherwise regulating the use of property, in the vicinity of
such airports; to authorize the acquisition, by purchase, grant, or
condemnation, of air rights and other interests in land; and to provide
penalties and remedies for violations of this act or of any ordinance,
resolution or regulation made under the authority conferred thereby", filed
July 28, 1941; provided, however, that the status thereof may be changed,
after the effective date of this Act, under and pursuant to the provisions
of this Act.
(Source: Laws 1945, p. 317.)
(620 ILCS 25/37) (from Ch. 15 1/2, par. 48.37)
Sec. 37. 
		
		Short
title.
This Act shall be known and may be cited as the "Airport Zoning Act".
(Source: Laws 1945, p. 317.)