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92_SB0302 LRB9206278REdv 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 5-12001.1 as follows: 6 (55 ILCS 5/5-12001.1) 7 Sec. 5-12001.1. Authority to regulate certain specified 8 facilities of a telecommunications carrier. 9 (a) Notwithstanding any other Section in this Division, 10 the county board or board of county commissioners of any 11 county shall have the power to regulate the location of the 12 facilities, as defined in subsection (c), of a 13 telecommunications carrier established outside the corporate 14 limits of cities, villages, and incorporated towns that have 15 municipal zoning ordinances in effect. The power shall only 16 be exercised to the extent and in the manner set forth in 17 this Section. 18 (b) The provisions of this Section shall not abridge any 19 rights created by or authority confirmed in the federal 20 Telecommunications Act of 1996, P.L. 104-104. 21 (c) As used in this Section, unless the context 22 otherwise requires: 23 (1) "county jurisdiction area" means those portions 24 of a county that lie outside the corporate limits of 25 cities, villages, and incorporated towns that have 26 municipal zoning ordinances in effect; 27 (2) "county board" means the county board or board 28 of county commissioners of any county; 29 (3) "residential zoning district" means a zoning 30 district that is designated under a county zoning 31 ordinance and is zoned predominantly for residential -2- LRB9206278REdv 1 uses; 2 (4) "non-residential zoning district" means the 3 county jurisdiction area of a county, except for those 4 portions within a residential zoning district; 5 (5) "residentially zoned lot" means a zoning lot in 6 a residential zoning district; 7 (6) "non-residentially zoned lot" means a zoning 8 lot in a non-residential zoning district; 9 (7) "telecommunications carrier" means a 10 telecommunications carrier as defined in the Public 11 Utilities Act as of January 1, 1997; 12 (8) "facility" means that part of the signal 13 distribution system used or operated by a 14 telecommunications carrier under a license from the FCC 15 consisting of a combination of improvements and equipment 16 including (i) one or more antennas, (ii) a supporting 17 structure and the hardware by which antennas are 18 attached; (iii) equipment housing; and (iv) ancillary 19 equipment such as signal transmission cables and 20 miscellaneous hardware; 21 (9) "FAA" means the Federal Aviation Administration 22 of the United States Department of Transportation; 23 (10) "FCC" means the Federal Communications 24 Commission; 25 (11) "antenna" means an antenna device by which 26 radio signals are transmitted, received, or both; 27 (12) "supporting structure" means a structure, 28 whether an antenna tower or another type of structure, 29 that supports one or more antennas as part of a facility; 30 (13) "qualifying structure" means a supporting 31 structure that is (i) an existing structure, if the 32 height of the facility, including the structure, is not 33 more than 15 feet higher than the structure just before 34 the facility is installed, or (ii) a substantially -3- LRB9206278REdv 1 similar, substantially same-location replacement of an 2 existing structure, if the height of the facility, 3 including the replacement structure, is not more than 15 4 feet higher than the height of the existing structure 5 just before the facility is installed; 6 (14) "equipment housing" means a combination of one 7 or more equipment buildings or enclosures housing 8 equipment that operates in conjunction with the antennas 9 of a facility, and the equipment itself; 10 (15) "height" of a facility means the total height 11 of the facility's supporting structure and any antennas 12 that will extend above the top of the supporting 13 structure; however, if the supporting structure's 14 foundation extends more than 3 feet above the uppermost 15 ground level along the perimeter of the foundation, then 16 each full foot in excess of 3 feet shall be counted as an 17 additional foot of facility height. The height of a 18 facility's supporting structure is to be measured from 19 the highest point of the supporting structure's 20 foundation; 21 (16) "facility lot" means the zoning lot on which a 22 facility is or will be located; 23 (17) "principal residential building" has its 24 common meaning but shall not include any building under 25 the same ownership as the land of the facility lot. 26 "Principal residential building" shall not include any 27 structure that is not designed for human habitation; 28 (18) "horizontal separation distance" means the 29 distance measured from the center of the base of the 30 facility's supporting structure to the point where the 31 ground meets a vertical wall of a principal residential 32 building; and 33 (19) "lot line set back distance" means the 34 distance measured from the center of the base of the -4- LRB9206278REdv 1 facility's supporting structure to the nearest point on 2 the common lot line between the facility lot and the 3 nearest residentially zoned lot. If there is no common 4 lot line, the measurement shall be made to the nearest 5 point on the lot line of the nearest residentially zoned 6 lot without deducting the width of any intervening right 7 of way. 8 (d) In choosing a location for a facility, a 9 telecommunications carrier shall consider the following: 10 (1) A non-residentially zoned lot is the most 11 desirable location. 12 (2) A residentially zoned lot that is not used for 13 residential purposes is the second most desirable 14 location. 15 (3) A residentially zoned lot that is 2 acres or 16 more in size and is used for residential purposes is the 17 third most desirable location. 18 (4) A residentially zoned lot that is less than 2 19 acres in size and is used for residential purposes is the 20 least desirable location. 21 The size of a lot shall be the lot's gross area in square 22 feet without deduction of any unbuildable or unusable land, 23 any roadway, or any other easement. 24 (e) In designing a facility, a telecommunications 25 carrier shall abide by
considerthe following guidelines: 26 (1) No building or tower that is part of a facility 27 shall shouldencroach onto any recorded easement 28 prohibiting the encroachment unless the grantees of the 29 easement have given their approval. 30 (2) Lighting shall shouldbe installed for security 31 and safety purposes only. Except with respect to 32 lighting required by the FCC or FAA, all lighting shall 33 shouldbe shielded so that no glare extends substantially 34 beyond the boundaries of a facility. -5- LRB9206278REdv 1 (3) No facility shall shouldencroach onto an 2 existing septic field. 3 (4) Any facility located in a special flood hazard 4 area or wetland shall shouldmeet the legal requirements 5 for those lands. 6 (5) Existing trees more than 3 inches in diameter 7 shall shouldbe preserved if reasonably feasible during 8 construction. If any tree more than 3 inches in diameter 9 is removed during construction a tree 3 inches or more in 10 diameter of the same or a similar species shall be 11 planted as a replacement if reasonably feasible. Tree 12 diameter shall be measured at a point 3 feet above ground 13 level. 14 (6) If any elevation of a facility faces an 15 existing, adjoining residential use within a residential 16 zoning district, low maintenance landscaping shall should17 be provided on or near the facility lot to provide at 18 least partial screening of the facility. The quantity 19 and type of that landscaping shall shouldbe in 20 accordance with any county landscaping regulations of 21 general applicability, except that paragraph (5) of this 22 subsection (e) shall control over any tree-related 23 regulations imposing a greater burden. 24 (7) Fencing shall shouldbe installed around a 25 facility. The height and materials of the fencing shall 26 shouldbe in accordance with any county fence regulations 27 of general applicability. 28 (8) Any building that is part of a facility located 29 adjacent to a residentially zoned lot shall shouldbe 30 designed with exterior materials and colors that are 31 reasonably compatible with the residential character of 32 the area. 33 (f) The following provisions shall apply to all 34 facilities established in any county jurisdiction area after -6- LRB9206278REdv 1 the effective date of the amendatory Act of 1997: 2 (1) Except as provided in this Section, no yard or 3 set back regulations shall apply to or be required for a 4 facility. 5 (2) A facility may be located on the same zoning 6 lot as one or more other structures or uses without 7 violating any ordinance or regulation that prohibits or 8 limits multiple structures, buildings, or uses on a 9 zoning lot. 10 (3) No minimum lot area, width, or depth shall be 11 required for a facility, and unless the facility is to be 12 manned on a regular, daily basis, no off-street parking 13 spaces shall be required for a facility. If the facility 14 is to be manned on a regular, daily basis, one off-street 15 parking space shall be provided for each employee 16 regularly at the facility. No loading facilities are 17 required. 18 (4) No portion of a facility's supporting structure 19 or equipment housing shall be less than 15 feet from the 20 front lot line of the facility lot or less than 10 feet 21 from any other lot line. 22 (5) No bulk regulations or lot coverage, building 23 coverage, or floor area ratio limitations shall be 24 applied to a facility or to any existing use or structure 25 coincident with the establishment of a facility. Except 26 as provided in this Section, no height limits or 27 restrictions shall apply to a facility. 28 (6) A county's review of a building permit 29 application for a facility shall be completed within 30 30 days. If a decision of the county board is required to 31 permit the establishment of a facility, the county's 32 review of the application shall be simultaneous with the 33 process leading to the county board's decision. 34 (7) The improvements and equipment comprising the -7- LRB9206278REdv 1 facility may be wholly or partly freestanding or wholly 2 or partly attached to, enclosed in, or installed in or on 3 a structure or structures. 4 (8) Any public hearing authorized under this 5 Section shall be conducted in a manner determined by the 6 county board. Notice of any such public hearing shall be 7 published at least 15 days before the hearing in a 8 newspaper of general circulation published in the county. 9 (9) Any decision regarding a facility by the county 10 board or a county agency or official shall be supported 11 by written findings of fact. The circuit court shall 12 have jurisdiction to review the reasonableness of any 13 adverse decision and the plaintiff shall bear the burden 14 of proof, but there shall be no presumption of the 15 validity of the decision. 16 (g) 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 less than 180,000: 20 (1) A facility is permitted if its supporting 21 structure is a qualifying structure or if both of the 22 following conditions are met: 23 (A) the height of the facility shall not 24 exceed 200 feet, except that if a facility is 25 located more than one and one-half miles from the 26 corporate limits of any municipality with a 27 population of 25,000 or more the height of the 28 facility shall not exceed 350 feet; and 29 (B) the horizontal separation distance to the 30 nearest principal residential building shall not be 31 less than the height of the supporting structure; 32 except that if the supporting structure exceeds 99 33 feet in height, the horizontal separation distance 34 to the nearest principal residential building shall -8- LRB9206278REdv 1 be at least 100 feet or 80% of the height of the 2 supporting structure, whichever is greater. 3 Compliance with this paragraph shall only be 4 evaluated as of the time that a building permit 5 application for the facility is submitted. If the 6 supporting structure is not an antenna tower this 7 paragraph is satisfied. 8 (2) Unless a facility is permitted under paragraph 9 (1) of this subsection (g), a facility can be established 10 only after the county board gives its approval following 11 consideration of the provisions of paragraph (3) of this 12 subsection (g). The county board may give its approval 13 after one public hearing on the proposal, but only by the 14 favorable vote of a majority of the members present at a 15 meeting held no later than 75 days after submission of a 16 complete application by the telecommunications carrier. 17 If the county board fails to act on the application 18 within 75 days after its submission, the application 19 shall be deemed to have been approved. No more than one 20 public hearing shall be required. 21 (3) For purposes of paragraph (2) of this 22 subsection (g), the following siting considerations, but 23 no other matter, shall be considered by the county board 24 or any other body conducting the public hearing: 25 (A) the criteria in subsection (d) of this 26 Section; 27 (B) whether a substantial adverse effect on 28 public safety will result from some aspect of the 29 facility's design or proposed construction, but only 30 if that aspect of design or construction is 31 modifiable by the applicant; 32 (C) the benefits to be derived by the users of 33 the services to be provided or enhanced by the 34 facility and whether public safety and emergency -9- LRB9206278REdv 1 response capabilities would benefit by the 2 establishment of the facility; 3 (D) the existing uses on adjacent and nearby 4 properties; and 5 (E) whether the extent to whichthe design of 6 the proposed facility reflects full compliance with 7 subsection (e) of 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 14 facilities established after the effective date of this 15 amendatory Act of 1997 in the county jurisdiction area of any 16 county with a population of 180,000 or more. A facility is 17 permitted in any 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). 22 (2) Unless a height variation is granted by the 23 county board, the height of a facility shall not exceed 24 75 feet if the facility will be located in a residential 25 zoning district or 200 feet if the facility will be 26 located in a non-residential zoning district. However, 27 the height of a facility may exceed the height limit in 28 this paragraph, and no height variation shall be 29 required, if the supporting structure is a qualifying 30 structure. 31 (3) The improvements and equipment of the facility 32 shall be placed to comply with the requirements of this 33 paragraph at the time a building permit application for 34 the facility is submitted. If the supporting structure -10- LRB9206278REdv 1 is an antenna tower other than a qualifying structure 2 then (i) if the facility will be located in a residential 3 zoning district the lot line set back distance to the 4 nearest residentially zoned lot shall be at least 50% of 5 the height of the facility's supporting structure or (ii) 6 if the facility will be located in a non-residential 7 zoning district the horizontal separation distance to the 8 nearest principal residential building shall be at least 9 equal to the height of the facility's supporting 10 structure. 11 (4) The county board may grant variations for any 12 of the regulations, conditions, and restrictions of this 13 subsection (h), after one public hearing on the proposed 14 variations, by a favorable vote of a majority of the 15 members present at a meeting held no later than 75 days 16 after submission of an application by the 17 telecommunications carrier. If the county board fails to 18 act on the application within 75 days after submission, 19 the application shall be deemed to have been approved. 20 In its consideration of an application for variations, 21 the county board, and any other body conducting the 22 public hearing, shall consider the following, and no 23 other matters: 24 (A) whether, but for the granting of a 25 variation, the service that the telecommunications 26 carrier seeks to enhance or provide with the 27 proposed facility will be less available, impaired, 28 or diminished in quality, quantity, or scope of 29 coverage; 30 (B) whether the conditions upon which the 31 application for variations is based are unique in 32 some respect or, if not, whether the strict 33 application of the regulations would result in a 34 hardship on the telecommunications carrier; -11- LRB9206278REdv 1 (C) whether a substantial adverse effect on 2 public safety will result from some aspect of the 3 facility's design or proposed construction, but only 4 if that aspect of design or construction is 5 modifiable by the applicant; 6 (D) whether there are benefits to be derived 7 by the users of the services to be provided or 8 enhanced by the facility and whether public safety 9 and emergency response capabilities would benefit by 10 the establishment of the facility; and 11 (E) whether the extent to whichthe design of 12 the proposed facility reflects full compliance with 13 subsection (e) of this Section. 14 No more than one public hearing shall be required. 15 (5) On judicial review of an adverse decision, the 16 issue shall be the reasonableness of the county board's 17 decision in light of the evidence presented and the 18 well-reasoned recommendations of any other body that 19 conducted the public hearing. 20 (Source: P.A. 90-522, eff. 1-1-98.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
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