State of Illinois
92nd General Assembly
Legislation

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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
 
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 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
 
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 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
 
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 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 consider the following guidelines:
26             (1)  No building or tower that is part of a facility
27        shall   should   encroach   onto  any  recorded  easement
28        prohibiting the encroachment unless the grantees  of  the
29        easement have given their approval.
30             (2)  Lighting shall should be installed for security
31        and  safety  purposes  only.    Except  with  respect  to
32        lighting  required  by the FCC or FAA, all lighting shall
33        should be shielded so that no glare extends substantially
34        beyond the boundaries of a facility.
 
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 1             (3)  No  facility  shall  should  encroach  onto  an
 2        existing septic field.
 3             (4)  Any facility located in a special flood  hazard
 4        area  or wetland shall should meet the legal requirements
 5        for those lands.
 6             (5)  Existing trees more than 3 inches  in  diameter
 7        shall  should  be 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 should
17        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  should   be   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  should  be  installed  around  a
25        facility.   The height and materials of the fencing shall
26        should be 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  should  be
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 which the 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 which the 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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