Public Act 094-0728
 
HB3183 Enrolled LRB094 07387 AJO 37546 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-12001.1 as follows:
 
    (55 ILCS 5/5-12001.1)
    Sec. 5-12001.1. Authority to regulate certain specified
facilities of a telecommunications carrier and to regulate,
pursuant to subsections (a) through (g), AM broadcast towers
and facilities.
    (a) Notwithstanding any other Section in this Division, the
county board or board of county commissioners of any county
shall have the power to regulate the location of the
facilities, as defined in subsection (c), of a
telecommunications carrier or AM broadcast station established
outside the corporate limits of cities, villages, and
incorporated towns that have municipal zoning ordinances in
effect. The power shall only be exercised to the extent and in
the manner set forth in this Section.
    (b) The provisions of this Section shall not abridge any
rights created by or authority confirmed in the federal
Telecommunications Act of 1996, P.L. 104-104.
    (c) As used in this Section, unless the context otherwise
requires:
        (1) "county jurisdiction area" means those portions of
    a county that lie outside the corporate limits of cities,
    villages, and incorporated towns that have municipal
    zoning ordinances in effect;
        (2) "county board" means the county board or board of
    county commissioners of any county;
        (3) "residential zoning district" means a zoning
    district that is designated under a county zoning ordinance
    and is zoned predominantly for residential uses;
        (4) "non-residential zoning district" means the county
    jurisdiction area of a county, except for those portions
    within a residential zoning district;
        (5) "residentially zoned lot" means a zoning lot in a
    residential zoning district;
        (6) "non-residentially zoned lot" means a zoning lot in
    a non-residential zoning district;
        (7) "telecommunications carrier" means a
    telecommunications carrier as defined in the Public
    Utilities Act as of January 1, 1997;
        (8) "facility" means that part of the signal
    distribution system used or operated by a
    telecommunications carrier or AM broadcast station under a
    license from the FCC consisting of a combination of
    improvements and equipment including (i) one or more
    antennas, (ii) a supporting structure and the hardware by
    which antennas are attached; (iii) equipment housing; and
    (iv) ancillary equipment such as signal transmission
    cables and miscellaneous hardware;
        (9) "FAA" means the Federal Aviation Administration of
    the United States Department of Transportation;
        (10) "FCC" means the Federal Communications
    Commission;
        (11) "antenna" means an antenna device by which radio
    signals are transmitted, received, or both;
        (12) "supporting structure" means a structure, whether
    an antenna tower or another type of structure, that
    supports one or more antennas as part of a facility;
        (13) "qualifying structure" means a supporting
    structure that is (i) an existing structure, if the height
    of the facility, including the structure, is not more than
    15 feet higher than the structure just before the facility
    is installed, or (ii) a substantially similar,
    substantially same-location replacement of an existing
    structure, if the height of the facility, including the
    replacement structure, is not more than 15 feet higher than
    the height of the existing structure just before the
    facility is installed;
        (14) "equipment housing" means a combination of one or
    more equipment buildings or enclosures housing equipment
    that operates in conjunction with the antennas of a
    facility, and the equipment itself;
        (15) "height" of a facility means the total height of
    the facility's supporting structure and any antennas that
    will extend above the top of the supporting structure;
    however, if the supporting structure's foundation extends
    more than 3 feet above the uppermost ground level along the
    perimeter of the foundation, then each full foot in excess
    of 3 feet shall be counted as an additional foot of
    facility height. The height of a facility's supporting
    structure is to be measured from the highest point of the
    supporting structure's foundation;
        (16) "facility lot" means the zoning lot on which a
    facility is or will be located;
        (17) "principal residential building" has its common
    meaning but shall not include any building under the same
    ownership as the land of the facility lot. "Principal
    residential building" shall not include any structure that
    is not designed for human habitation;
        (18) "horizontal separation distance" means the
    distance measured from the center of the base of the
    facility's supporting structure to the point where the
    ground meets a vertical wall of a principal residential
    building; and
        (19) "lot line set back distance" means the distance
    measured from the center of the base of the facility's
    supporting structure to the nearest point on the common lot
    line between the facility lot and the nearest residentially
    zoned lot. If there is no common lot line, the measurement
    shall be made to the nearest point on the lot line of the
    nearest residentially zoned lot without deducting the
    width of any intervening right of way; and .
        (20) "AM broadcast station" means a facility and one or
    more towers for the purpose of transmitting communication
    in the 540 kHz to 1700 kHz band for public reception
    authorized by the FCC.
    (d) In choosing a location for a facility, a
telecommunications carrier or AM broadcast station shall
consider the following:
        (1) A non-residentially zoned lot is the most desirable
    location.
        (2) A residentially zoned lot that is not used for
    residential purposes is the second most desirable
    location.
        (3) A residentially zoned lot that is 2 acres or more
    in size and is used for residential purposes is the third
    most desirable location.
        (4) A residentially zoned lot that is less than 2 acres
    in size and is used for residential purposes is the least
    desirable location.
    The size of a lot shall be the lot's gross area in square
feet without deduction of any unbuildable or unusable land, any
roadway, or any other easement.
    (e) In designing a facility, a telecommunications carrier
or AM broadcast station shall consider the following
guidelines:
        (1) No building or tower that is part of a facility
    should encroach onto any recorded easement prohibiting the
    encroachment unless the grantees of the easement have given
    their approval.
        (2) Lighting should be installed for security and
    safety purposes only. Except with respect to lighting
    required by the FCC or FAA, all lighting should be shielded
    so that no glare extends substantially beyond the
    boundaries of a facility.
        (3) No facility should encroach onto an existing septic
    field.
        (4) Any facility located in a special flood hazard area
    or wetland should meet the legal requirements for those
    lands.
        (5) Existing trees more than 3 inches in diameter
    should be preserved if reasonably feasible during
    construction. If any tree more than 3 inches in diameter is
    removed during construction a tree 3 inches or more in
    diameter of the same or a similar species shall be planted
    as a replacement if reasonably feasible. Tree diameter
    shall be measured at a point 3 feet above ground level.
        (6) If any elevation of a facility faces an existing,
    adjoining residential use within a residential zoning
    district, low maintenance landscaping should be provided
    on or near the facility lot to provide at least partial
    screening of the facility. The quantity and type of that
    landscaping should be in accordance with any county
    landscaping regulations of general applicability, except
    that paragraph (5) of this subsection (e) shall control
    over any tree-related regulations imposing a greater
    burden.
        (7) Fencing should be installed around a facility. The
    height and materials of the fencing should be in accordance
    with any county fence regulations of general
    applicability.
        (8) Any building that is part of a facility located
    adjacent to a residentially zoned lot should be designed
    with exterior materials and colors that are reasonably
    compatible with the residential character of the area.
    (f) The following provisions shall apply to all facilities
established in any county jurisdiction area (i) after the
effective date of the amendatory Act of 1997 with respect to
telecommunications carriers and (ii) after the effective date
of this amendatory Act of the 94th General Assembly with
respect to AM broadcast stations:
        (1) Except as provided in this Section, no yard or set
    back regulations shall apply to or be required for a
    facility.
        (2) A facility may be located on the same zoning lot as
    one or more other structures or uses without violating any
    ordinance or regulation that prohibits or limits multiple
    structures, buildings, or uses on a zoning lot.
        (3) No minimum lot area, width, or depth shall be
    required for a facility, and unless the facility is to be
    manned on a regular, daily basis, no off-street parking
    spaces shall be required for a facility. If the facility is
    to be manned on a regular, daily basis, one off-street
    parking space shall be provided for each employee regularly
    at the facility. No loading facilities are required.
        (4) No portion of a facility's supporting structure or
    equipment housing shall be less than 15 feet from the front
    lot line of the facility lot or less than 10 feet from any
    other lot line.
        (5) No bulk regulations or lot coverage, building
    coverage, or floor area ratio limitations shall be applied
    to a facility or to any existing use or structure
    coincident with the establishment of a facility. Except as
    provided in this Section, no height limits or restrictions
    shall apply to a facility.
        (6) A county's review of a building permit application
    for a facility shall be completed within 30 days. If a
    decision of the county board is required to permit the
    establishment of a facility, the county's review of the
    application shall be simultaneous with the process leading
    to the county board's decision.
        (7) The improvements and equipment comprising the
    facility may be wholly or partly freestanding or wholly or
    partly attached to, enclosed in, or installed in or on a
    structure or structures.
        (8) Any public hearing authorized under this Section
    shall be conducted in a manner determined by the county
    board. Notice of any such public hearing shall be published
    at least 15 days before the hearing in a newspaper of
    general circulation published in the county.
        (9) Any decision regarding a facility by the county
    board or a county agency or official shall be supported by
    written findings of fact. The circuit court shall have
    jurisdiction to review the reasonableness of any adverse
    decision and the plaintiff shall bear the burden of proof,
    but there shall be no presumption of the validity of the
    decision.
    (g) The following provisions shall apply to all facilities
established (i) after the effective date of this amendatory Act
of 1997 with respect to telecommunications carriers and (ii)
after the effective date of this amendatory Act of the 94th
General Assembly with respect to AM broadcast stations in the
county jurisdiction area of any county with a population of
less than 180,000:
        (1) A facility is permitted if its supporting structure
    is a qualifying structure or if both of the following
    conditions are met:
            (A) the height of the facility shall not exceed 200
        feet, except that if a facility is located more than
        one and one-half miles from the corporate limits of any
        municipality with a population of 25,000 or more the
        height of the facility shall not exceed 350 feet; and
            (B) the horizontal separation distance to the
        nearest principal residential building shall not be
        less than the height of the supporting structure;
        except that if the supporting structure exceeds 99 feet
        in height, the horizontal separation distance to the
        nearest principal residential building shall be at
        least 100 feet or 80% of the height of the supporting
        structure, whichever is greater. Compliance with this
        paragraph shall only be evaluated as of the time that a
        building permit application for the facility is
        submitted. If the supporting structure is not an
        antenna tower this paragraph is satisfied.
        (2) Unless a facility is permitted under paragraph (1)
    of this subsection (g), a facility can be established only
    after the county board gives its approval following
    consideration of the provisions of paragraph (3) of this
    subsection (g). The county board may give its approval
    after one public hearing on the proposal, but only by the
    favorable vote of a majority of the members present at a
    meeting held no later than 75 days after submission of a
    complete application by the telecommunications carrier. If
    the county board fails to act on the application within 75
    days after its submission, the application shall be deemed
    to have been approved. No more than one public hearing
    shall be required.
        (3) For purposes of paragraph (2) of this subsection
    (g), the following siting considerations, but no other
    matter, shall be considered by the county board or any
    other body conducting the public hearing:
            (A) the criteria in subsection (d) of this Section;
            (B) whether a substantial adverse effect on public
        safety will result from some aspect of the facility's
        design or proposed construction, but only if that
        aspect of design or construction is modifiable by the
        applicant;
            (C) the benefits to be derived by the users of the
        services to be provided or enhanced by the facility and
        whether public safety and emergency response
        capabilities would benefit by the establishment of the
        facility;
            (D) the existing uses on adjacent and nearby
        properties; and
            (E) the extent to which the design of the proposed
        facility reflects compliance with subsection (e) of
        this Section.
        (4) On judicial review of an adverse decision, the
    issue shall be the reasonableness of the county board's
    decision in light of the evidence presented on the siting
    considerations and the well-reasoned recommendations of
    any other body that conducts the public hearing.
    (h) The following provisions shall apply to all facilities
established after the effective date of this amendatory Act of
1997 in the county jurisdiction area of any county with a
population of 180,000 or more. A facility is permitted in any
zoning district subject to the following:
        (1) A facility shall not be located on a lot under
    paragraph (4) of subsection (d) unless a variation is
    granted by the county board under paragraph (4) of this
    subsection (h).
        (2) Unless a height variation is granted by the county
    board, the height of a facility shall not exceed 75 feet if
    the facility will be located in a residential zoning
    district or 200 feet if the facility will be located in a
    non-residential zoning district. However, the height of a
    facility may exceed the height limit in this paragraph, and
    no height variation shall be required, if the supporting
    structure is a qualifying structure.
        (3) The improvements and equipment of the facility
    shall be placed to comply with the requirements of this
    paragraph at the time a building permit application for the
    facility is submitted. If the supporting structure is an
    antenna tower other than a qualifying structure then (i) if
    the facility will be located in a residential zoning
    district the lot line set back distance to the nearest
    residentially zoned lot shall be at least 50% of the height
    of the facility's supporting structure or (ii) if the
    facility will be located in a non-residential zoning
    district the horizontal separation distance to the nearest
    principal residential building shall be at least equal to
    the height of the facility's supporting structure.
        (4) The county board may grant variations for any of
    the regulations, conditions, and restrictions of this
    subsection (h), after one public hearing on the proposed
    variations, by a favorable vote of a majority of the
    members present at a meeting held no later than 75 days
    after submission of an application by the
    telecommunications carrier. If the county board fails to
    act on the application within 75 days after submission, the
    application shall be deemed to have been approved. In its
    consideration of an application for variations, the county
    board, and any other body conducting the public hearing,
    shall consider the following, and no other matters:
            (A) whether, but for the granting of a variation,
        the service that the telecommunications carrier seeks
        to enhance or provide with the proposed facility will
        be less available, impaired, or diminished in quality,
        quantity, or scope of coverage;
            (B) whether the conditions upon which the
        application for variations is based are unique in some
        respect or, if not, whether the strict application of
        the regulations would result in a hardship on the
        telecommunications carrier;
            (C) whether a substantial adverse effect on public
        safety will result from some aspect of the facility's
        design or proposed construction, but only if that
        aspect of design or construction is modifiable by the
        applicant;
            (D) whether there are benefits to be derived by the
        users of the services to be provided or enhanced by the
        facility and whether public safety and emergency
        response capabilities would benefit by the
        establishment of the facility; and
            (E) the extent to which the design of the proposed
        facility reflects compliance with subsection (e) of
        this Section.
    No more than one public hearing shall be required.
        (5) On judicial review of an adverse decision, the
    issue shall be the reasonableness of the county board's
    decision in light of the evidence presented and the
    well-reasoned recommendations of any other body that
    conducted the public hearing.
(Source: P.A. 90-522, eff. 1-1-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.