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92_HB4171
LRB9214137BDdv
1 AN ACT to amend the Counties Code by changing Section
2 5-12001.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
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.
10 (a) Notwithstanding any other Section in this Division,
11 The county board or board of county commissioners of any
12 county shall have the power to regulate the location of the
13 facilities, as defined in subsection (c), of a
14 telecommunications carrier established outside the corporate
15 limits of cities, villages, and incorporated towns that have
16 municipal zoning ordinances in effect. The power shall only
17 be exercised as to the extent and in the manner set forth in
18 Divisions 5-12 and 5-13 of Article 5 of this Code this
19 Section.
20 (b) The provisions of this Section shall not abridge any
21 rights created by or authority confirmed in the federal
22 Telecommunications Act of 1996, P.L. 104-104.
23 (c) As used in this Section, unless the context
24 otherwise requires:
25 (1) "county jurisdiction area" means those portions
26 of a county that lie outside the corporate limits of
27 cities, villages, and incorporated towns that have
28 municipal zoning ordinances in effect;
29 (2) "county board" means the county board or board
30 of county commissioners of any county;
31 (3) "residential zoning district" means a zoning
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1 district that is designated under a county zoning
2 ordinance and is zoned predominantly for residential
3 uses;
4 (4) "non-residential zoning district" means the
5 county jurisdiction area of a county, except for those
6 portions within a residential zoning district;
7 (5) "residentially zoned lot" means a zoning lot in
8 a residential zoning district;
9 (6) "non-residentially zoned lot" means a zoning
10 lot in a non-residential zoning district;
11 (7) "telecommunications carrier" means a
12 telecommunications carrier as defined in the Public
13 Utilities Act as of January 1, 1997;
14 (8) "facility" means that part of the signal
15 distribution system used or operated by a
16 telecommunications carrier under a license from the FCC
17 consisting of a combination of improvements and equipment
18 including (i) one or more antennas, (ii) a supporting
19 structure and the hardware by which antennas are
20 attached; (iii) equipment housing; and (iv) ancillary
21 equipment such as signal transmission cables and
22 miscellaneous hardware;
23 (9) "FAA" means the Federal Aviation Administration
24 of the United States Department of Transportation;
25 (10) "FCC" means the Federal Communications
26 Commission;
27 (11) "antenna" means an antenna device by which
28 radio signals are transmitted, received, or both;
29 (12) "supporting structure" means a structure,
30 whether an antenna tower or another type of structure,
31 that supports one or more antennas as part of a facility;
32 (13) "qualifying structure" means a supporting
33 structure that is (i) an existing structure, if the
34 height of the facility, including the structure, is not
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1 more than 15 feet higher than the structure just before
2 the facility is installed, or (ii) a substantially
3 similar, substantially same-location replacement of an
4 existing structure, if the height of the facility,
5 including the replacement structure, is not more than 15
6 feet higher than the height of the existing structure
7 just before the facility is installed;
8 (14) "equipment housing" means a combination of one
9 or more equipment buildings or enclosures housing
10 equipment that operates in conjunction with the antennas
11 of a facility, and the equipment itself;
12 (15) "height" of a facility means the total height
13 of the facility's supporting structure and any antennas
14 that will extend above the top of the supporting
15 structure; however, if the supporting structure's
16 foundation extends more than 3 feet above the uppermost
17 ground level along the perimeter of the foundation, then
18 each full foot in excess of 3 feet shall be counted as an
19 additional foot of facility height. The height of a
20 facility's supporting structure is to be measured from
21 the highest point of the supporting structure's
22 foundation;
23 (16) "facility lot" means the zoning lot on which a
24 facility is or will be located;
25 (17) "principal residential building" has its
26 common meaning but shall not include any building under
27 the same ownership as the land of the facility lot.
28 "Principal residential building" shall not include any
29 structure that is not designed for human habitation;
30 (18) "horizontal separation distance" means the
31 distance measured from the center of the base of the
32 facility's supporting structure to the point where the
33 ground meets a vertical wall of a principal residential
34 building; and
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1 (19) "lot line set back distance" means the
2 distance measured from the center of the base of the
3 facility's supporting structure to the nearest point on
4 the common lot line between the facility lot and the
5 nearest residentially zoned lot. If there is no common
6 lot line, the measurement shall be made to the nearest
7 point on the lot line of the nearest residentially zoned
8 lot without deducting the width of any intervening right
9 of way.
10 (d) In choosing a location for a facility, a
11 telecommunications carrier shall consider the following:
12 (1) A non-residentially zoned lot is the most
13 desirable location.
14 (2) A residentially zoned lot that is not used for
15 residential purposes is the second most desirable
16 location.
17 (3) A residentially zoned lot that is 2 acres or
18 more in size and is used for residential purposes is the
19 third most desirable location.
20 (4) A residentially zoned lot that is less than 2
21 acres in size and is used for residential purposes is the
22 least desirable location.
23 The size of a lot shall be the lot's gross area in square
24 feet without deduction of any unbuildable or unusable land,
25 any roadway, or any other easement.
26 (e) In designing a facility, a telecommunications
27 carrier shall at a minimum abide by consider the following
28 guidelines:
29 (1) No building or tower that is part of a facility
30 shall should encroach onto any recorded easement
31 prohibiting the encroachment unless the grantees of the
32 easement have given their approval.
33 (2) Lighting shall should be installed for security
34 and safety purposes only. Except with respect to
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1 lighting required by the FCC or FAA, all lighting shall
2 should be shielded so that no glare extends substantially
3 beyond the boundaries of a facility.
4 (3) No facility shall should encroach onto an
5 existing septic field.
6 (4) Any facility located in a special flood hazard
7 area or wetland shall should meet the legal requirements
8 for those lands.
9 (5) Existing trees more than 3 inches in diameter
10 shall should be preserved if reasonably feasible during
11 construction. If any tree more than 3 inches in diameter
12 is removed during construction a tree 3 inches or more in
13 diameter of the same or a similar species shall be
14 planted as a replacement if reasonably feasible. Tree
15 diameter shall be measured at a point 3 feet above ground
16 level.
17 (6) If any elevation of a facility faces an
18 existing, adjoining residential use or within a
19 residential zoning district, low maintenance landscaping
20 shall should be provided on or near the facility lot to
21 provide at least partial screening of the facility. The
22 quantity and type of that landscaping shall should be in
23 accordance with any county landscaping regulations of
24 general applicability, except that paragraph (5) of this
25 subsection (e) shall control over any tree-related
26 regulations imposing a greater burden.
27 (7) Fencing shall should be installed around a
28 facility. The height and materials of the fencing shall
29 should be in accordance with any county fence regulations
30 of general applicability.
31 (8) Any building that is part of a facility located
32 adjacent to a residentially zoned lot shall should be
33 designed with exterior materials and colors that are
34 reasonably compatible with the residential character of
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1 the area.
2 (f) The following provisions shall apply to all
3 facilities established in any county jurisdiction area after
4 the effective date of the amendatory Act of 1997:
5 (1) Except as provided in this Section, no yard or
6 set back regulations shall apply to or be required for a
7 facility.
8 (2) A facility may be located on the same zoning
9 lot as one or more other structures or uses without
10 violating any ordinance or regulation that prohibits or
11 limits multiple structures, buildings, or uses on a
12 zoning lot.
13 (3) No minimum lot area, width, or depth shall be
14 required for a facility, and unless the facility is to be
15 manned on a regular, daily basis, no off-street parking
16 spaces shall be required for a facility. If the facility
17 is to be manned on a regular, daily basis, one off-street
18 parking space shall be provided for each employee
19 regularly at the facility. No loading facilities are
20 required.
21 (4) No portion of a facility's supporting structure
22 or equipment housing shall be less than 15 feet from the
23 front lot line of the facility lot or less than 10 feet
24 from any other lot line.
25 (5) No bulk regulations or lot coverage, building
26 coverage, or floor area ratio limitations shall be
27 applied to a facility or to any existing use or structure
28 coincident with the establishment of a facility. Except
29 as provided in this Section, no height limits or
30 restrictions shall apply to a facility.
31 (6) A county's review of a building permit
32 application for a facility shall be completed within 30
33 days. If a decision of the county board is required to
34 permit the establishment of a facility, the county's
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1 review of the application shall be simultaneous with the
2 process leading to the county board's decision.
3 (7) The improvements and equipment comprising the
4 facility may be wholly or partly freestanding or wholly
5 or partly attached to, enclosed in, or installed in or on
6 a structure or structures.
7 (8) Any public hearing authorized under this
8 Section shall be conducted in a manner determined by the
9 county board. Notice of any such public hearing shall be
10 published at least 15 days before the hearing in a
11 newspaper of general circulation published in the county.
12 (9) Any decision regarding a facility by the county
13 board or a county agency or official shall be supported
14 by written findings of fact. The circuit court shall
15 have jurisdiction to review the reasonableness of any
16 adverse decision and the plaintiff shall bear the burden
17 of proof, but there shall be no presumption of the
18 validity of the decision.
19 (g) The following provisions shall apply to all
20 facilities established after the effective date of this
21 amendatory Act of 1997 in the county jurisdiction area of any
22 county with a population of less than 180,000:
23 (1) A facility is permitted if its supporting
24 structure is a qualifying structure or if both of the
25 following conditions are met:
26 (A) the height of the facility shall not
27 exceed 200 feet, except that if a facility is
28 located more than one and one-half miles from the
29 corporate limits of any municipality with a
30 population of 25,000 or more the height of the
31 facility shall not exceed 350 feet; and
32 (B) the horizontal separation distance to the
33 nearest principal residential building shall not be
34 less than the height of the supporting structure;
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1 except that if the supporting structure exceeds 99
2 feet in height, the horizontal separation distance
3 to the nearest principal residential building shall
4 be at least 100 feet or 80% of the height of the
5 supporting structure, whichever is greater.
6 Compliance with this paragraph shall only be
7 evaluated as of the time that a building permit
8 application for the facility is submitted. If the
9 supporting structure is not an antenna tower this
10 paragraph is satisfied.
11 (2) Unless a facility is permitted under paragraph
12 (1) of this subsection (g), a facility can be established
13 only after the county board gives its approval following
14 consideration of the provisions of paragraph (3) of this
15 subsection (g). The county board may give its approval
16 after one public hearing on the proposal, but only by the
17 favorable vote of a majority of the members present at a
18 meeting held no later than 75 days after submission of a
19 complete application by the telecommunications carrier.
20 If the county board fails to act on the application
21 within 75 days after its submission, the application
22 shall be deemed to have been approved. No more than one
23 public hearing shall be required.
24 (3) For purposes of paragraph (2) of this
25 subsection (g), the following siting considerations, but
26 no other matter, shall be considered by the county board
27 or any other body conducting the public hearing:
28 (A) the criteria in subsection (d) of this
29 Section;
30 (B) whether a substantial adverse effect on
31 public safety will result from some aspect of the
32 facility's design or proposed construction, but only
33 if that aspect of design or construction is
34 modifiable by the applicant;
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1 (C) the benefits to be derived by the users of
2 the services to be provided or enhanced by the
3 facility and whether public safety and emergency
4 response capabilities would benefit by the
5 establishment of the facility;
6 (D) the existing uses on adjacent and nearby
7 properties; and
8 (E) the extent to which the design of the
9 proposed facility reflects compliance with
10 subsection (e) of this Section.
11 (4) On judicial review of an adverse decision, the
12 issue shall be the reasonableness of the county board's
13 decision in light of the evidence presented on the siting
14 considerations and the well-reasoned recommendations of
15 any other body that conducts the public hearing.
16 (h) The following provisions shall apply to all
17 facilities established after the effective date of this
18 amendatory Act of 1997 in the county jurisdiction area of any
19 county with a population of 180,000 or more. A facility is
20 permitted in any zoning district subject to the following:
21 (1) A facility shall not be located on a lot under
22 paragraph (4) of subsection (d) unless a variation is
23 granted by the county board under paragraph (4) of this
24 subsection (h).
25 (2) Unless a height variation is granted by the
26 county board, the height of a facility shall not exceed
27 75 feet if the facility will be located in a residential
28 zoning district or 200 feet if the facility will be
29 located in a non-residential zoning district. However,
30 the height of a facility may exceed the height limit in
31 this paragraph, and no height variation shall be
32 required, if the supporting structure is a qualifying
33 structure.
34 (3) The improvements and equipment of the facility
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1 shall be placed to comply with the requirements of this
2 paragraph at the time a building permit application for
3 the facility is submitted. If the supporting structure
4 is an antenna tower other than a qualifying structure
5 then (i) if the facility will be located in a residential
6 zoning district the lot line set back distance to the
7 nearest residentially zoned lot shall be at least 50% of
8 the height of the facility's supporting structure or (ii)
9 if the facility will be located in a non-residential
10 zoning district the horizontal separation distance to the
11 nearest principal residential building shall be at least
12 equal to the height of the facility's supporting
13 structure.
14 (4) The county board may grant variations for any
15 of the regulations, conditions, and restrictions of this
16 subsection (h), after one public hearing on the proposed
17 variations, by a favorable vote of a majority of the
18 members present at a meeting held no later than 75 days
19 after submission of an application by the
20 telecommunications carrier. If the county board fails to
21 act on the application within 75 days after submission,
22 the application shall be deemed to have been approved.
23 In its consideration of an application for variations,
24 the county board, and any other body conducting the
25 public hearing, shall consider the following, and no
26 other matters:
27 (A) whether, but for the granting of a
28 variation, the service that the telecommunications
29 carrier seeks to enhance or provide with the
30 proposed facility will be less available, impaired,
31 or diminished in quality, quantity, or scope of
32 coverage;
33 (B) whether the conditions upon which the
34 application for variations is based are unique in
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1 some respect or, if not, whether the strict
2 application of the regulations would result in a
3 hardship on the telecommunications carrier;
4 (C) whether a substantial adverse effect on
5 public safety will result from some aspect of the
6 facility's design or proposed construction, but only
7 if that aspect of design or construction is
8 modifiable by the applicant;
9 (D) whether there are benefits to be derived
10 by the users of the services to be provided or
11 enhanced by the facility and whether public safety
12 and emergency response capabilities would benefit by
13 the establishment of the facility; and
14 (E) the extent to which the design of the
15 proposed facility reflects compliance with
16 subsection (e) of this Section.
17 No more than one public hearing shall be required.
18 (5) On judicial review of an adverse decision, the
19 issue shall be the reasonableness of the county board's
20 decision in light of the evidence presented and the
21 well-reasoned recommendations of any other body that
22 conducted the public hearing.
23 (Source: P.A. 90-522, eff. 1-1-98.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.