Illinois Public Act 095-0475, effective January 1, 2008, revises the Illinois Municipal Code to explicitly authorize cities and villages to carry out design control for the exterior of structures, with the exception of utility and billboard structures. The text of Public Action 095-0475 is provided below. Words added through this Act are shown as underlined, and words deleted are shown as struck out.

Public Act 095-0475
 

    AN ACT concerning local government.
 

    Be it enacted by the People of the State of Illinois,

represented in the General Assembly:
 

    Section 5. The Illinois Municipal Code is amended by

changing Section 11-13-1 as follows:
 

    (65 ILCS 5/11-13-1)  (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; 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; 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.

    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