Public Act 095-0815
 		





HB4936 Enrolled
LRB095 19538 HLH 45859 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;


        (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. Notice of any 
    such public hearing shall also be sent by certified mail at 
    least 15 days prior to the hearing to the owners of record 
    of all residential property that is adjacent to the lot 
    upon which the facility is proposed to be sited. 


        (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. 94-728, eff. 4-6-06.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  08/13/2008