Full Text of SB2895 97th General Assembly
SB2895sam002 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 3/26/2012
| | 09700SB2895sam002 | | LRB097 17641 KMW 68052 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2895
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2895, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Section 5-12001.1 as follows:
| 7 | | (55 ILCS 5/5-12001.1)
| 8 | | Sec. 5-12001.1. Authority to regulate certain specified | 9 | | facilities of a
telecommunications carrier and to regulate, | 10 | | pursuant to subsections (a) through (g), AM broadcast towers | 11 | | and facilities.
| 12 | | (a) Notwithstanding any other Section in this Division, the | 13 | | county board or
board of county commissioners of any county | 14 | | shall have the power to
regulate the location of the | 15 | | facilities, as defined in subsection (c), of a
| 16 | | telecommunications carrier or AM broadcast station established |
| | | 09700SB2895sam002 | - 2 - | LRB097 17641 KMW 68052 a |
|
| 1 | | outside the corporate limits of cities,
villages, and | 2 | | incorporated towns that have municipal zoning ordinances in
| 3 | | effect. The power shall only be exercised to the extent and in | 4 | | the manner set
forth in this Section.
| 5 | | (b) The provisions of this Section shall not abridge any | 6 | | rights created by
or authority confirmed in the federal | 7 | | Telecommunications Act of 1996, P.L.
104-104.
| 8 | | (c) As used in this Section, unless the context otherwise | 9 | | requires:
| 10 | | (1) "county jurisdiction area" means those portions of | 11 | | a county that lie
outside the corporate limits of cities, | 12 | | villages, and incorporated towns that
have municipal | 13 | | zoning ordinances in effect;
| 14 | | (2) "county board" means the county board or board of | 15 | | county commissioners
of any county;
| 16 | | (3) "residential zoning district" means a zoning | 17 | | district that is
designated under a county zoning ordinance | 18 | | and is zoned predominantly for
residential uses;
| 19 | | (4) "non-residential zoning district" means the county | 20 | | jurisdiction area
of a county, except for those portions | 21 | | within a residential zoning district;
| 22 | | (5) "residentially zoned lot" means a zoning lot in a | 23 | | residential zoning
district;
| 24 | | (6) "non-residentially zoned lot" means a zoning lot in | 25 | | a non-residential
zoning district;
| 26 | | (7) "telecommunications carrier" means a |
| | | 09700SB2895sam002 | - 3 - | LRB097 17641 KMW 68052 a |
|
| 1 | | telecommunications carrier as
defined in the Public | 2 | | Utilities Act as of January 1, 1997;
| 3 | | (8) "facility" means that part of the signal | 4 | | distribution system used or
operated by a | 5 | | telecommunications carrier or AM broadcast station under a | 6 | | license from the FCC
consisting of a combination of | 7 | | improvements and equipment including (i) one or
more | 8 | | antennas, (ii) a supporting structure and the hardware by | 9 | | which antennas
are attached; (iii) equipment housing; and | 10 | | (iv) ancillary equipment such as
signal transmission | 11 | | cables and miscellaneous hardware;
| 12 | | (9) "FAA" means the Federal Aviation Administration of | 13 | | the United States
Department of Transportation;
| 14 | | (10) "FCC" means the Federal Communications | 15 | | Commission;
| 16 | | (11) "antenna" means an antenna device by which radio | 17 | | signals are
transmitted, received, or both;
| 18 | | (12) "supporting structure" means a structure, whether | 19 | | an antenna tower or
another type of structure, that | 20 | | supports one or more antennas as part of a
facility;
| 21 | | (13) "qualifying structure" means a supporting | 22 | | structure that is (i) an
existing structure, if the height | 23 | | of the facility, including the structure, is
not more than | 24 | | 15 feet higher than the structure just before the facility | 25 | | is
installed, or (ii) a substantially similar, | 26 | | substantially same-location
replacement of an existing |
| | | 09700SB2895sam002 | - 4 - | LRB097 17641 KMW 68052 a |
|
| 1 | | structure, if the height of the facility, including
the | 2 | | replacement structure, is not more than 15 feet higher than | 3 | | the height of
the existing structure just before the | 4 | | facility is installed;
| 5 | | (14) "equipment housing" means a combination of one or | 6 | | more equipment
buildings or enclosures housing equipment | 7 | | that operates in conjunction with
the antennas of a | 8 | | facility, and the equipment itself;
| 9 | | (15) "height" of a facility means the total height of | 10 | | the facility's
supporting structure and any antennas that | 11 | | will extend above the top of the
supporting structure; | 12 | | however, if the supporting structure's foundation extends
| 13 | | more than 3 feet above the uppermost ground level along the | 14 | | perimeter of the
foundation, then each full foot in excess | 15 | | of 3 feet shall be counted as an
additional foot of | 16 | | facility height. The height of a facility's supporting
| 17 | | structure is to be measured from the highest point of the | 18 | | supporting
structure's foundation;
| 19 | | (16) "facility lot" means the zoning lot on which a | 20 | | facility is or will be
located;
| 21 | | (17) "principal residential building" has its common | 22 | | meaning but shall not
include any building under the same | 23 | | ownership as the land of the facility lot.
"Principal | 24 | | residential building" shall not include any structure that | 25 | | is not
designed for human habitation;
| 26 | | (18) "horizontal separation distance" means the |
| | | 09700SB2895sam002 | - 5 - | LRB097 17641 KMW 68052 a |
|
| 1 | | distance measured from the
center of the base of the | 2 | | facility's supporting structure to the point where
the | 3 | | ground meets a vertical wall of a principal residential | 4 | | building;
| 5 | | (19) "lot line set back distance" means the distance | 6 | | measured from the
center of the base of the facility's | 7 | | supporting structure to the nearest point
on the common lot | 8 | | line between the facility lot and the nearest residentially
| 9 | | zoned lot. If there is no common lot line, the measurement | 10 | | shall be made to
the nearest point on the lot line of the | 11 | | nearest residentially zoned lot
without deducting the | 12 | | width of any intervening right of way; and
| 13 | | (20) "AM broadcast station" means a facility and one or | 14 | | more towers for the purpose of transmitting communication | 15 | | in the 540 kHz to 1700 kHz band for public reception | 16 | | authorized by the FCC.
| 17 | | (21) "overlay zoning district" means a zoning district | 18 | | that is
designated under a county zoning ordinance and is | 19 | | zoned predominantly for
the location of new | 20 | | telecommunications facilities and may include | 21 | | unincorporated areas within a county. | 22 | | (d) In choosing a location for a facility, a
| 23 | | telecommunications carrier or AM broadcast station shall | 24 | | consider the following:
| 25 | | (1) A non-residentially zoned lot is the most desirable | 26 | | location.
|
| | | 09700SB2895sam002 | - 6 - | LRB097 17641 KMW 68052 a |
|
| 1 | | (2) A residentially zoned lot that is not used for | 2 | | residential purposes is
the second most desirable | 3 | | location.
| 4 | | (3) A residentially zoned lot that is 2 acres or more | 5 | | in size and is used
for residential purposes is the third | 6 | | most desirable location.
| 7 | | (4) A residentially zoned lot that is less than 2 acres | 8 | | in size and is
used for residential purposes is the least | 9 | | desirable location.
| 10 | | The size of a lot shall be the lot's gross area in square | 11 | | feet without
deduction of any unbuildable or unusable land, any | 12 | | roadway, or any other
easement.
| 13 | | (e) In designing a facility, a telecommunications carrier | 14 | | or AM broadcast station shall consider the
following | 15 | | guidelines:
| 16 | | (1) No building or tower that is part of a facility | 17 | | should encroach onto
any recorded easement prohibiting the | 18 | | encroachment unless the grantees of the
easement have given | 19 | | their approval.
| 20 | | (2) Lighting should be installed for security and | 21 | | safety purposes only.
Except with respect to lighting | 22 | | required by the FCC or FAA, all lighting should
be shielded | 23 | | so that no glare extends substantially beyond the | 24 | | boundaries of a
facility.
| 25 | | (3) No facility should encroach onto an existing septic | 26 | | field.
|
| | | 09700SB2895sam002 | - 7 - | LRB097 17641 KMW 68052 a |
|
| 1 | | (4) Any facility located in a special flood hazard area | 2 | | or wetland should
meet the legal requirements for those | 3 | | lands.
| 4 | | (5) Existing trees more than 3 inches in diameter | 5 | | should be preserved if
reasonably feasible during | 6 | | construction. If any tree more than 3 inches in
diameter is | 7 | | removed during construction a tree 3 inches or more in | 8 | | diameter of
the same or a similar species shall be planted | 9 | | as a replacement if reasonably
feasible. Tree diameter | 10 | | shall be measured at a point 3 feet above ground
level.
| 11 | | (6) If any elevation of a facility faces an existing, | 12 | | adjoining
residential use within a residential zoning | 13 | | district, low maintenance
landscaping should be provided | 14 | | on or near the facility lot to provide at least
partial | 15 | | screening of the facility. The quantity and type of that | 16 | | landscaping
should be in accordance with any county | 17 | | landscaping regulations of general
applicability, except | 18 | | that paragraph (5) of this subsection (e) shall control
| 19 | | over any tree-related regulations imposing a greater | 20 | | burden.
| 21 | | (7) Fencing should be installed around a facility. The | 22 | | height and
materials of the fencing should be in accordance | 23 | | with any county fence
regulations of general | 24 | | applicability.
| 25 | | (8) Any building that is part of a facility located | 26 | | adjacent to a
residentially zoned lot should be designed |
| | | 09700SB2895sam002 | - 8 - | LRB097 17641 KMW 68052 a |
|
| 1 | | with exterior materials and colors
that are reasonably | 2 | | compatible with the residential character of the area.
| 3 | | (f) The following provisions shall apply to all facilities | 4 | | established in
any county jurisdiction area (i) after the | 5 | | effective date of the amendatory Act of
1997 with respect to | 6 | | telecommunications carriers and (ii) after the effective date | 7 | | of this amendatory Act of the 94th General Assembly with | 8 | | respect to AM broadcast stations:
| 9 | | (1) Except as provided in this Section, no yard or set | 10 | | back
regulations shall apply to or be required for a | 11 | | facility.
| 12 | | (2) A facility may be located on the same zoning lot as | 13 | | one or more other
structures or uses without violating any | 14 | | ordinance or regulation that prohibits
or limits multiple | 15 | | structures, buildings, or uses on a zoning lot.
| 16 | | (3) No minimum lot area, width, or depth shall be | 17 | | required for a facility,
and unless the facility is to be | 18 | | manned on a regular, daily basis, no
off-street parking | 19 | | spaces shall be required for a facility. If the facility is
| 20 | | to be manned on a regular, daily basis, one off-street | 21 | | parking space shall be
provided for each employee regularly | 22 | | at the facility. No loading facilities
are required.
| 23 | | (4) No portion of a facility's supporting structure or | 24 | | equipment housing
shall be less than 15 feet from the front | 25 | | lot line of the facility lot or less
than 10 feet from any | 26 | | other lot line.
|
| | | 09700SB2895sam002 | - 9 - | LRB097 17641 KMW 68052 a |
|
| 1 | | (5) No bulk regulations or lot coverage, building | 2 | | coverage, or floor area
ratio limitations shall be applied | 3 | | to a facility or to any existing use or
structure | 4 | | coincident with the establishment of a facility. Except as | 5 | | provided
in this Section, no height limits or restrictions | 6 | | shall apply to a facility.
| 7 | | (6) A county's review of a building permit application | 8 | | for a facility
shall
be completed within 30 days. If a | 9 | | decision of the county board is required to
permit the | 10 | | establishment of a facility, the county's review of the | 11 | | application
shall be simultaneous with the process leading | 12 | | to the county board's decision.
| 13 | | (7) The improvements and equipment comprising the | 14 | | facility may be wholly
or partly freestanding or wholly or | 15 | | partly attached to, enclosed in, or
installed in or on a | 16 | | structure or structures.
| 17 | | (8) Any public hearing authorized under this Section | 18 | | shall be conducted in
a manner determined by the county | 19 | | board. Notice of any such public hearing
shall be published | 20 | | at least 15 days before the hearing in a newspaper of
| 21 | | general circulation published in the county. Notice of any | 22 | | such public hearing shall also be sent by certified mail at | 23 | | least 15 days prior to the hearing to the owners of record | 24 | | of all residential property that is adjacent to the lot | 25 | | upon which the facility is proposed to be sited.
| 26 | | (9) Any decision regarding a facility by the county |
| | | 09700SB2895sam002 | - 10 - | LRB097 17641 KMW 68052 a |
|
| 1 | | board or a county
agency
or official shall be supported by | 2 | | written findings of fact. The circuit court
shall have | 3 | | jurisdiction to review the reasonableness of any adverse | 4 | | decision
and the plaintiff shall bear the burden of proof, | 5 | | but there shall be no
presumption of the validity of the | 6 | | decision. | 7 | | (10) Thirty days prior to the issuance of a building | 8 | | permit for a facility necessitating the erection of a new | 9 | | tower, the permit applicant shall provide written notice of | 10 | | its intent to construct the facility to the State | 11 | | Representative and the State Senator of the district in | 12 | | which the subject facility is to be constructed and all | 13 | | county board members for the county board district in the | 14 | | county in which the subject facility is to be constructed. | 15 | | This notice shall include, but not be limited to, the | 16 | | following information: (i) the name, address, and | 17 | | telephone number of the company responsible for the | 18 | | construction of the facility; (ii) the name, address, and | 19 | | telephone number of the governmental entity authorized to | 20 | | issue the building permit; and (iii) the location of the | 21 | | proposed facility. The applicant shall demonstrate | 22 | | compliance with the notice requirements set forth in this | 23 | | item (10) by submitting certified mail receipts or | 24 | | equivalent mail service receipts at the same time that the | 25 | | applicant submits the permit application.
| 26 | | (g) The following provisions shall apply to all facilities |
| | | 09700SB2895sam002 | - 11 - | LRB097 17641 KMW 68052 a |
|
| 1 | | established (i) after
the effective date of this amendatory Act | 2 | | of 1997 with respect to telecommunications carriers and (ii) | 3 | | after the effective date of this amendatory Act of the 94th | 4 | | General Assembly with respect to AM broadcast stations in the | 5 | | county jurisdiction
area of any county with a population of | 6 | | less than 180,000:
| 7 | | (1) A facility is permitted if its supporting structure | 8 | | is a qualifying
structure or if both of the following | 9 | | conditions are met:
| 10 | | (A) the height of the facility shall not exceed 200 | 11 | | feet, except that
if a facility is located more than | 12 | | one and one-half miles from the corporate
limits of any | 13 | | municipality with a population of 25,000 or more the | 14 | | height of
the facility shall not exceed 350 feet; and
| 15 | | (B) the horizontal separation distance to the | 16 | | nearest principal
residential building shall not be | 17 | | less than the height of the supporting
structure; | 18 | | except that if the supporting structure exceeds 99 feet | 19 | | in height,
the horizontal separation distance to the | 20 | | nearest principal residential
building shall be at | 21 | | least 100 feet or 80% of the height of the supporting
| 22 | | structure, whichever is greater. Compliance with this | 23 | | paragraph shall only be
evaluated as of
the time that a | 24 | | building permit application for the facility is | 25 | | submitted. If
the supporting structure is not an | 26 | | antenna tower this paragraph is satisfied.
|
| | | 09700SB2895sam002 | - 12 - | LRB097 17641 KMW 68052 a |
|
| 1 | | (2) Unless a facility is permitted under paragraph (1) | 2 | | of this subsection
(g), a facility can be established only | 3 | | after the county board gives its
approval following | 4 | | consideration of the provisions of paragraph (3) of this
| 5 | | subsection (g). The county board may give its approval | 6 | | after one public
hearing on the proposal, but only by the | 7 | | favorable vote of a majority of the
members present
at a | 8 | | meeting held no later than 75 days after submission of a
| 9 | | complete application by the telecommunications carrier. If | 10 | | the county board
fails to act on the application within 75 | 11 | | days after its submission,
the application shall be deemed | 12 | | to have been approved. No more than one public
hearing | 13 | | shall be required.
| 14 | | (3) For purposes of paragraph (2) of this subsection | 15 | | (g), the following
siting considerations, but no other | 16 | | matter, shall be considered by the county
board or any | 17 | | other body conducting the public hearing:
| 18 | | (A) the criteria in subsection (d) of this Section;
| 19 | | (B) whether a substantial adverse effect on public | 20 | | safety will result
from some aspect of the facility's | 21 | | design or proposed construction, but only if
that | 22 | | aspect of design or construction is modifiable by the | 23 | | applicant;
| 24 | | (C) the benefits to be derived by the users of the | 25 | | services to be
provided
or enhanced by the facility and | 26 | | whether public safety and emergency response
|
| | | 09700SB2895sam002 | - 13 - | LRB097 17641 KMW 68052 a |
|
| 1 | | capabilities would benefit by the establishment of the | 2 | | facility;
| 3 | | (D) the existing uses on adjacent and nearby | 4 | | properties; and
| 5 | | (E) the extent to which the design of the proposed | 6 | | facility reflects
compliance with subsection (e) of | 7 | | this Section.
| 8 | | (4) On judicial review of an adverse decision, the | 9 | | issue shall be the
reasonableness of the county board's | 10 | | decision in light of the evidence
presented on the siting | 11 | | considerations and the well-reasoned recommendations
of | 12 | | any other body that conducts the public hearing.
| 13 | | (h) The following provisions shall apply to all facilities | 14 | | established
after the effective date of this amendatory Act of | 15 | | 1997 in the county
jurisdiction area of any county with
a | 16 | | population of 180,000 or more. A facility is
permitted in any | 17 | | zoning district subject to the following:
| 18 | | (1) A facility shall not be located on a lot under | 19 | | paragraph (4) of
subsection (d) unless a variation is | 20 | | granted by the county board under
paragraph
(4) of this | 21 | | subsection (h) or pursuant to subsection (j) .
| 22 | | (2) Except for a facility located in an overlay zoning | 23 | | district, unless Unless a height variation is granted by | 24 | | the county board, the height
of a facility shall not exceed | 25 | | 75 feet if the facility will
be located in a residential | 26 | | zoning district or 200 feet if the facility will be
located |
| | | 09700SB2895sam002 | - 14 - | LRB097 17641 KMW 68052 a |
|
| 1 | | in a non-residential zoning district. However, the height | 2 | | of a
facility may
exceed the height limit in this | 3 | | paragraph, and no height variation shall be
required, if | 4 | | the supporting structure is a qualifying structure.
| 5 | | (3) Except for a facility located in an overlay zoning | 6 | | district, the The improvements and equipment of the | 7 | | facility shall be placed to
comply
with the requirements of | 8 | | this paragraph at the time a building permit
application | 9 | | for the facility is submitted. If the supporting structure | 10 | | is an
antenna tower other than a qualifying structure then | 11 | | (i) if the facility will
be located in a residential zoning | 12 | | district the lot line set back distance to
the
nearest | 13 | | residentially zoned lot shall be at least 50% of the height | 14 | | of the
facility's supporting structure or (ii) if the | 15 | | facility will be located in a
non-residential zoning | 16 | | district the horizontal separation distance to the
nearest | 17 | | principal residential building shall be at least equal to | 18 | | the height of
the facility's supporting structure.
| 19 | | (4) The county board may grant variations for any of | 20 | | the regulations,
conditions, and restrictions of this | 21 | | subsection (h), after one public hearing
on the
proposed | 22 | | variations held at a zoning or other appropriate committee | 23 | | meeting with proper notice given as provided in this | 24 | | Section, by a favorable vote of a majority of the members | 25 | | present
at a meeting held no later than 75 days after | 26 | | submission of an application by
the telecommunications |
| | | 09700SB2895sam002 | - 15 - | LRB097 17641 KMW 68052 a |
|
| 1 | | carrier. If the county board fails to act on the
| 2 | | application within 75 days after submission, the | 3 | | application shall be deemed to
have been approved. In its | 4 | | consideration of an application for variations,
the county
| 5 | | board, and any other body conducting the public hearing, | 6 | | shall consider the
following, and no other matters:
| 7 | | (A) whether, but for the granting of a variation, | 8 | | the service that the
telecommunications carrier seeks | 9 | | to enhance or provide with the proposed
facility will | 10 | | be less available, impaired, or diminished in quality, | 11 | | quantity,
or scope of
coverage;
| 12 | | (B) whether the conditions upon which the | 13 | | application for variations is
based are unique in some | 14 | | respect or, if not, whether the strict application of
| 15 | | the regulations would result in a hardship on the | 16 | | telecommunications carrier;
| 17 | | (C) whether a substantial adverse effect on public | 18 | | safety will result
from
some aspect of the facility's | 19 | | design or proposed construction, but only if that
| 20 | | aspect of design or construction is modifiable by the | 21 | | applicant;
| 22 | | (D) whether there are benefits to be derived by the | 23 | | users of the
services to
be provided or enhanced by the | 24 | | facility and whether public safety and emergency
| 25 | | response capabilities would benefit by the | 26 | | establishment of the facility; and
|
| | | 09700SB2895sam002 | - 16 - | LRB097 17641 KMW 68052 a |
|
| 1 | | (E) the extent to which the design of the proposed | 2 | | facility reflects
compliance with subsection (e) of | 3 | | this Section.
| 4 | | No more than one public hearing shall be required.
| 5 | | (5) On judicial review of an adverse decision, the | 6 | | issue shall be the
reasonableness of the county board's | 7 | | decision in light of the evidence
presented and the | 8 | | well-reasoned recommendations of any other body that
| 9 | | conducted the public hearing.
| 10 | | (h-5) Notwithstanding any other provision of this Section, | 11 | | modifications to existing facilities outside of an overlay | 12 | | zoning district shall be permitted, subject to the requirements | 13 | | of subsections (e), (f), and (h) of this Section. | 14 | | (i) Notwithstanding any other provision of law to the | 15 | | contrary, 30 days prior to the issuance of any permits for a | 16 | | new telecommunications facility within a county, the | 17 | | telecommunications carrier constructing the facility shall | 18 | | provide written notice of its intent to construct the facility. | 19 | | The notice shall include, but not be limited to, the following | 20 | | information: (i) the name, address, and telephone number of the | 21 | | company responsible for the construction of the facility, (ii) | 22 | | the address and telephone number of the governmental entity | 23 | | that is to issue the building permit for the telecommunications | 24 | | facility, (iii) a site plan and site map of sufficient
| 25 | | specificity to indicate both the location of the parcel where
| 26 | | the telecommunications facility is to be constructed and the
|
| | | 09700SB2895sam002 | - 17 - | LRB097 17641 KMW 68052 a |
|
| 1 | | location of all the telecommunications facilities within that
| 2 | | parcel, and (iv) the property index number and common address
| 3 | | of the parcel where the telecommunications facility is to be
| 4 | | located. The notice shall not contain any material that appears | 5 | | to be an advertisement for the telecommunications carrier or | 6 | | any services provided by the telecommunications carrier. The
| 7 | | notice shall be provided in person, by overnight private
| 8 | | courier, or by certified mail to all owners of property within
| 9 | | 250 feet of the parcel in which the telecommunications carrier
| 10 | | has a leasehold or ownership interest. For the purposes of this
| 11 | | notice requirement, "owners" means those persons or entities
| 12 | | identified from the authentic tax records of the county in
| 13 | | which the telecommunications facility is to be located. If,
| 14 | | after a bona fide effort by the telecommunications carrier to
| 15 | | determine the owner and his or her address, the owner of the
| 16 | | property on whom the notice must be served cannot be found at
| 17 | | the owner's last known address, or if the mailed notice is
| 18 | | returned because the owner cannot be found at the last known
| 19 | | address, the notice requirement of this paragraph is deemed
| 20 | | satisfied. | 21 | | (j) The county board in a county with
a population of | 22 | | 180,000 or more may establish an overlay zoning district to | 23 | | confine the location of new facilities constructed after the | 24 | | effective date of this amendatory Act of the 97th General | 25 | | Assembly to that district. In establishing the boundaries of | 26 | | the overlay zoning district, the county board may not |
| | | 09700SB2895sam002 | - 18 - | LRB097 17641 KMW 68052 a |
|
| 1 | | unreasonably discriminate among providers of functionally | 2 | | equivalent services and may not prohibit the provision of | 3 | | telecommunications services, as provided for in the | 4 | | Telecommunications Act of 1996. In the event a | 5 | | telecommunications carrier finds that, for service coverage | 6 | | purposes, a facility is necessary in an area not designated as | 7 | | part of the overlay zoning district, the carrier may petition | 8 | | the county board to amend the overlay zoning district, pursuant | 9 | | to Section 5-12014 of this Division, to incorporate the | 10 | | facility parcel. Notwithstanding any other provisions of this | 11 | | Section, the establishment of proposed new facilities and the | 12 | | modification of existing facilities, including the addition of | 13 | | new antennae, within the overlay zoning district shall be | 14 | | subject to the following: | 15 | | (1) The county may establish generally applicable | 16 | | standards governing the height and setbacks of proposed | 17 | | facilities and facility modifications in the overlay | 18 | | zoning district. | 19 | | (2) The county may require that proposed new facilities | 20 | | be architecturally compatible with the surrounding | 21 | | buildings and land uses within the overlay zoning district | 22 | | or otherwise integrated, through coloring, location, and | 23 | | design, to blend in with the existing characteristics of | 24 | | the site. | 25 | | (3) The county may establish standards for landscaping | 26 | | to provide screening of proposed new facilities from |
| | | 09700SB2895sam002 | - 19 - | LRB097 17641 KMW 68052 a |
|
| 1 | | adjacent uses. | 2 | | (4) In the event that the use of a facility has been | 3 | | discontinued for a period of at least 90 consecutive days, | 4 | | the county may deem the facility to be abandoned. In the | 5 | | event of abandonment, the county may require that the | 6 | | carrier remove the facility and restore the site. As part | 7 | | of the permitting process for a proposed facility, | 8 | | performance guarantees may be required to ensure the | 9 | | facility removal and site restoration. | 10 | | (5) Provided that the proposed new facility or facility | 11 | | modification meets the requirements of this subsection | 12 | | (j), the county may approve an application for a proposed | 13 | | new facility or modification no later than 30 days after | 14 | | submission of an application by
the telecommunications | 15 | | carrier. If a carrier's proposed facility or modification | 16 | | does not meet the requirements of this subsection (j), then | 17 | | the county may require the carrier to obtain a special use | 18 | | permit pursuant to Section 5-12009.5 of this Division, | 19 | | prior to the establishment of the new facility or facility | 20 | | modification. In that case, the county's review and | 21 | | decision on the application shall be completed within 120 | 22 | | days after the submission of an application. If the county | 23 | | fails to act on an application within the required time | 24 | | period, then the application shall be deemed to
have been | 25 | | approved. | 26 | | (Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496, |
| | | 09700SB2895sam002 | - 20 - | LRB097 17641 KMW 68052 a |
|
| 1 | | eff. 8-22-11; revised 9-28-11.)
| 2 | | Section 10. The Illinois Municipal Code is amended by | 3 | | changing Section 11-13-1 as follows:
| 4 | | (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
| 5 | | Sec. 11-13-1. To the end that adequate light, pure air, and | 6 | | safety from
fire and other dangers may be secured, that the | 7 | | taxable value of land and
buildings throughout the municipality | 8 | | may be conserved, that congestion in
the public streets may be | 9 | | lessened or avoided, that the hazards to persons
and damage to | 10 | | property resulting from the accumulation or runoff of storm
or | 11 | | flood waters may be lessened or avoided, and that the public | 12 | | health,
safety, comfort, morals, and welfare may otherwise be | 13 | | promoted, and to
insure and facilitate the preservation of | 14 | | sites, areas, and structures of
historical, architectural and | 15 | | aesthetic importance; the corporate
authorities in each | 16 | | municipality have the following powers:
| 17 | | (1) to regulate and limit the height and bulk of | 18 | | buildings hereafter to
be erected; | 19 | | (2) to establish, regulate and limit, subject to the | 20 | | provisions
of Division 14 of this Article 11, the building | 21 | | or set-back lines on or
along any street, traffic-way, | 22 | | drive, parkway or storm or floodwater runoff
channel or | 23 | | basin; | 24 | | (3) to regulate and limit the intensity of the use of |
| | | 09700SB2895sam002 | - 21 - | LRB097 17641 KMW 68052 a |
|
| 1 | | lot
areas, and to regulate and determine the area of open | 2 | | spaces, within and
surrounding such buildings; | 3 | | (4) to classify, regulate and restrict the
location of | 4 | | trades and industries and the location of buildings | 5 | | designed
for specified industrial, business, residential, | 6 | | and other uses; | 7 | | (5) to
divide the entire municipality into districts of | 8 | | such number, shape, area,
and of such different classes | 9 | | (according to use of land and buildings,
height and bulk of | 10 | | buildings, intensity of the use of lot area, area of
open | 11 | | spaces, or other classification) as may be deemed best | 12 | | suited to carry
out the purposes of this Division 13; | 13 | | (6) to fix standards to which
buildings or structures | 14 | | therein shall conform; | 15 | | (7) to prohibit uses,
buildings, or structures | 16 | | incompatible with the character of such districts; | 17 | | (8) to prevent additions to and alteration or | 18 | | remodeling of existing
buildings or structures in such a | 19 | | way as to avoid the restrictions and
limitations lawfully | 20 | | imposed under this Division 13; | 21 | | (9) to classify,
to regulate and restrict the use of | 22 | | property on the basis of family
relationship, which family | 23 | | relationship may be defined as one or more
persons each | 24 | | related to the other by blood, marriage or adoption and
| 25 | | maintaining a common household; | 26 | | (10) to regulate or forbid any structure
or activity |
| | | 09700SB2895sam002 | - 22 - | LRB097 17641 KMW 68052 a |
|
| 1 | | which may hinder access to solar energy necessary for the | 2 | | proper
functioning of a solar energy system, as defined in | 3 | | Section 1.2 of the
Comprehensive Solar Energy Act of 1977; | 4 | | (11) to require the creation and preservation of | 5 | | affordable housing, including the power to provide | 6 | | increased density or other zoning incentives to developers | 7 | | who are creating, establishing, or preserving affordable | 8 | | housing; and | 9 | | (12) to establish local standards solely for the review | 10 | | of the exterior design of buildings and structures, | 11 | | excluding utility facilities and outdoor off-premises | 12 | | advertising signs, and designate a board or commission to | 13 | | implement the review process; except that, other than | 14 | | reasonable restrictions as to size, no home rule or | 15 | | non-home rule municipality may prohibit the display of | 16 | | outdoor political campaign signs on residential property | 17 | | during any period of time, the regulation of these signs | 18 | | being a power and function of the State and, therefor, this | 19 | | item (12) is a denial and limitation of concurrent home | 20 | | rule powers and functions under subsection (i) of Section 6 | 21 | | of Article VII of the Illinois Constitution.
| 22 | | The powers enumerated may be exercised within the corporate | 23 | | limits or
within contiguous territory not more than one and | 24 | | one-half miles beyond the
corporate limits and not included | 25 | | within any municipality. However, if any
municipality adopts a | 26 | | plan pursuant to Division 12 of Article 11 which
plan includes |
| | | 09700SB2895sam002 | - 23 - | LRB097 17641 KMW 68052 a |
|
| 1 | | in its provisions a provision that the plan applies to such
| 2 | | contiguous territory not more than one and one-half miles | 3 | | beyond the
corporate limits and not included in any | 4 | | municipality, then no other
municipality shall adopt a plan | 5 | | that shall apply to any territory included
within the territory | 6 | | provided in the plan first so adopted by another
municipality. | 7 | | No municipality shall exercise any power set forth in this
| 8 | | Division 13 outside the corporate limits thereof, if the county | 9 | | in which
such municipality is situated has adopted "An Act in | 10 | | relation to county
zoning", approved June 12, 1935, as amended.
| 11 | | Nothing in this Section prevents a municipality of more than | 12 | | 112,000
population located in a county of less than 185,000 | 13 | | population that has adopted
a zoning ordinance and the county | 14 | | that adopted the zoning ordinance from
entering into an | 15 | | intergovernmental agreement that allows the municipality to
| 16 | | exercise its zoning powers beyond its territorial limits; | 17 | | provided, however,
that the intergovernmental agreement must | 18 | | be limited to the territory within
the municipality's planning | 19 | | jurisdiction as defined by law or any existing
boundary | 20 | | agreement. The county and the municipality must amend their
| 21 | | individual zoning maps in the same manner as other zoning | 22 | | changes are
incorporated into revised zoning maps.
No such | 23 | | intergovernmental agreement may authorize a municipality to | 24 | | exercise
its zoning powers, other than powers that a county may | 25 | | exercise under
Section 5-12001 of the Counties Code, with | 26 | | respect to land used for
agricultural purposes. This amendatory |
| | | 09700SB2895sam002 | - 24 - | LRB097 17641 KMW 68052 a |
|
| 1 | | Act of the 92nd General Assembly is
declarative of existing | 2 | | law.
No municipality may exercise any
power set forth in this | 3 | | Division 13 outside the corporate limits of the
municipality | 4 | | with respect to a facility of a telecommunications carrier | 5 | | defined
in Section 5-12001.1 of the Counties Code. | 6 | | The proposed addition of new antennae to an existing | 7 | | telecommunications facility shall be permitted, and the | 8 | | municipality's review and decision shall be completed within 60 | 9 | | days after submission of an application for the addition. | 10 | | Notwithstanding any other provision of law to the contrary, 30 | 11 | | days prior to the issuance of any permits for a new | 12 | | telecommunications facility within 1.5 miles of a | 13 | | municipality, the telecommunications carrier constructing the | 14 | | facility shall provide written notice of its intent to | 15 | | construct the facility. The notice shall include, but not be | 16 | | limited to, the following information: (i) the name, address, | 17 | | and telephone number of the company responsible for the | 18 | | construction of the facility, (ii) the address and telephone | 19 | | number of the governmental entity that is to issue the building | 20 | | permit for the telecommunications facility, (iii) a site plan | 21 | | and site map of sufficient specificity to indicate both the | 22 | | location of the parcel where the telecommunications facility is | 23 | | to be constructed and the location of all the | 24 | | telecommunications facilities within that parcel, and (iv) the | 25 | | property index number and common address of the parcel where | 26 | | the telecommunications facility is to be located. The notice |
| | | 09700SB2895sam002 | - 25 - | LRB097 17641 KMW 68052 a |
|
| 1 | | shall not contain any material that appears to be an | 2 | | advertisement for the telecommunications carrier or any | 3 | | services provided by the telecommunications carrier. The | 4 | | notice shall be provided in person, by overnight private | 5 | | courier, or by certified mail to all owners of property within | 6 | | 250 feet of the parcel in which the telecommunications carrier | 7 | | has a leasehold or ownership interest. For the purposes of this | 8 | | notice requirement, "owners" means those persons or entities | 9 | | identified from the authentic tax records of the county in | 10 | | which the telecommunications facility is to be located. If, | 11 | | after a bona fide effort by the telecommunications carrier to | 12 | | determine the owner and his or her address, the owner of the | 13 | | property on whom the notice must be served cannot be found at | 14 | | the owner's last known address, or if the mailed notice is | 15 | | returned because the owner cannot be found at the last known | 16 | | address, the notice requirement of this paragraph is deemed | 17 | | satisfied. For the purposes of this paragraph, "facility" means | 18 | | that term as it is defined in Section 5-12001.1 of the Counties | 19 | | Code. | 20 | | If a municipality adopts a
zoning plan covering an area | 21 | | outside its corporate limits, the plan adopted
shall be | 22 | | reasonable with respect to the area outside the corporate | 23 | | limits
so that future development will not be hindered or | 24 | | impaired; it is
reasonable for a municipality to regulate or | 25 | | prohibit the extraction of
sand, gravel, or limestone even when | 26 | | those activities are related to an
agricultural purpose. If all |
| | | 09700SB2895sam002 | - 26 - | LRB097 17641 KMW 68052 a |
|
| 1 | | or any part of the area outside the corporate
limits of a | 2 | | municipality which has been zoned in accordance with the
| 3 | | provisions of this Division 13 is annexed to another | 4 | | municipality or
municipalities, the annexing unit shall | 5 | | thereafter exercise all zoning
powers and regulations over the | 6 | | annexed area.
| 7 | | In all ordinances passed under the authority of this | 8 | | Division 13, due
allowance shall be made for existing | 9 | | conditions, the conservation of
property values, the direction | 10 | | of building development to the best
advantage of the entire | 11 | | municipality and the uses to which the property is
devoted at | 12 | | the time of the enactment of such an ordinance. The powers
| 13 | | conferred by this Division 13 shall not be exercised so as to | 14 | | deprive the
owner of any existing property of its use or | 15 | | maintenance for the purpose to
which it is then lawfully | 16 | | devoted, but provisions may be made for the
gradual elimination | 17 | | of uses, buildings and structures which are
incompatible with | 18 | | the character of the districts in which they are made or
| 19 | | located, including, without being limited thereto, provisions | 20 | | (a) for the
elimination of such uses of unimproved lands or lot | 21 | | areas when the existing
rights of the persons in possession | 22 | | thereof are terminated or when the uses
to which they are | 23 | | devoted are discontinued; (b) for the elimination of uses
to | 24 | | which such buildings and structures are devoted, if they are | 25 | | adaptable
for permitted uses; and (c) for the elimination of | 26 | | such buildings and
structures when they are destroyed or |
| | | 09700SB2895sam002 | - 27 - | LRB097 17641 KMW 68052 a |
|
| 1 | | damaged in major part, or when they
have reached the age fixed | 2 | | by the corporate authorities of the municipality
as the normal | 3 | | useful life of such buildings or structures.
| 4 | | This amendatory Act of 1971 does not apply to any | 5 | | municipality which is
a home rule unit, except as provided in | 6 | | item (12).
| 7 | | (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)".
|
|