Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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55 ILCS 5/5-10006
(55 ILCS 5/5-10006)
(from Ch. 34, par. 5-10006)
Hours of operation.
All dance halls and road houses
subject to the provisions of this Division shall be open to the
public only during reasonable hours, and the county board may designate
such reasonable hours and establish such other rules and regulations as
tend to promote good order and morals.
(Source: P.A. 86-962.)
55 ILCS 5/5-10007
(55 ILCS 5/5-10007)
(from Ch. 34, par. 5-10007)
Revocation of license.
The president of the county
board may revoke the license of any licensee:
(1) Who knowingly permits any person under sixteen years of age to be
present in or to frequent such dance hall or road house, unless accompanied
by his parent or legal guardian or proper escort, male or female.
(2) When the dance hall or road house, as operated and maintained,
unreasonably and needlessly disturbs the peace of the neighborhood.
(3) When disorderly or immoral practices are permitted, or intoxicating
liquor is sold on the premises.
(4) When circumstances happen or become known to the county board,
which, had they happened or been known at the time of the application for
the license, would have legally justified the county board in refusing the
(5) When such dance hall or road house is opened or remains open outside
the hours designated by the county board.
(6) When the licensee violates any of the rules and regulations issued
by the county board.
When any license is revoked by the county board it shall not issue a
license to operate a dance hall or road house on such premises until after
a period of three months have elapsed.
(Source: P.A. 86-962.)
55 ILCS 5/5-10008
(55 ILCS 5/5-10008)
(from Ch. 34, par. 5-10008)
It shall be unlawful for any known
prostitute, male or female procurer, vagrant, or intoxicated person to be
present at any dance hall or road house licensed under this Division.
(Source: P.A. 86-962.)
55 ILCS 5/5-10009
(55 ILCS 5/5-10009)
(from Ch. 34, par. 5-10009)
Any person who violates any provision of
this Division, or who makes a false statement concerning any material fact
in submitting an application for a license or for a renewal of a license or
in any hearing concerning the revocation thereof, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 86-962.)
55 ILCS 5/5-10010
(55 ILCS 5/5-10010)
(from Ch. 34, par. 5-10010)
The provisions of this Division shall
have no application to dance halls or dance pavilions located upon any
State property or within any State park, belonging to the State of
Illinois, nor to any concessions or concessionaire on or within any such
State property, park or territory.
(Source: P.A. 86-962.)
55 ILCS 5/Div. 5-11
(55 ILCS 5/Div. 5-11 heading)
55 ILCS 5/5-11001
(55 ILCS 5/5-11001)
(from Ch. 34, par. 5-11001)
Construction and maintenance of parking facilities.
Any county is hereby authorized to:
(a) Own, construct, equip, manage, control, erect, improve, extend,
maintain and operate motor vehicle parking lots, garages, parking meters,
and any other revenue producing facilities necessary or incidental to the
regulation, control and parking of motor vehicles (hereinafter referred to
as parking facilities), and to purchase real estate to be used for parking
facilities, as the county board finds necessary;
(b) Maintain, improve, extend and operate any such parking facilities
and to charge for the use thereof;
(c) Borrow money and issue and sell bonds in such amount or amounts as
the county board may determine for the purpose of acquiring, completing,
erecting, constructing, equipping, improving, extending, maintaining or
operating any or all of its parking facilities, and to refund and refinance
the same from time to time as often as it shall be advantageous and to the
public interest to do so;
(d) Acquire by eminent domain sufficient real estate for motor vehicle
parking lots or garages.
(Source: P.A. 93-420, eff. 8-5-03.)
55 ILCS 5/5-11002
(55 ILCS 5/5-11002)
(from Ch. 34, par. 5-11002)
All bonds issued under authority of this
Division shall bear interest at not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, and may be sold by the county board in such
manner as they deem best in the public interest; provided, however, such
bonds shall be sold at such price that the interest cost of the proceeds
therefrom will not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
based on the average maturity of such bonds, and computed according to
standard tables of bond values. Such bonds shall be payable solely and only
from the revenues to be derived from the operation of any or all of its
parking facilities and shall be secured by a pledge of the revenues of any
or all of its parking facilities.
Such bonds when issued shall have all the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code.
Such bonds may bear such date or dates and may mature at such time or
times, not exceeding 30 years from their date or dates, and may be in such
form, carry such registration privilege, may be payable at such place or
places, may be subject to such terms of redemption, prior to maturity, with
or without premium, as so stated on the face of the bond, and contain such
terms and covenants, all as may be provided by ordinance authorizing the
issuance of such bonds. To secure the payment of any or all of such bonds
and for the purpose of setting forth the covenants and undertakings of the
county in connection with the issuance of any additional bonds, as well as
the use and application of the revenue and income to be derived from the
said facilities, the county board may execute and deliver a trust agreement
and agreements. Such bonds shall be executed by such officers as the county
board shall designate in the said ordinance. Any bonds bearing the
signatures of officers in office at the date of signing thereof shall be
valid and binding for all purposes, notwithstanding that before delivery
thereof any or all such persons whose signatures appear thereon shall cease
to be such officers.
Each such bond shall state upon its face that it is payable solely and
only from the proceeds derived from the operation of the parking facility
or facilities and shall state upon its face that it does not constitute an
obligation of the county within the meaning of any constitutional or
statutory limitation or provision.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Division or "An Act
in relation to the construction, operation and maintenance of parking
facilities for motor vehicles by counties", approved July 13, 1955, that
may appear to be or to have been more restrictive than those Acts, (ii)
that the provisions of this Section or its predecessor are not a limitation
on the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to the
construction, operation and maintenance of parking facilities for motor
vehicles by counties", approved July 13, 1955, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
55 ILCS 5/5-11003
(55 ILCS 5/5-11003)
(from Ch. 34, par. 5-11003)
The county board availing of
the provisions of this Division shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor, which shall be placed on file in the office of the Clerk of such
county, and which shall be open for the inspection of the public. Such
ordinance shall state the estimated cost of such project, fix the amount of
the revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, and all details in respect thereof. Such ordinance shall
contain such covenants and restrictions as may be deemed necessary or
advisable by the county board, and without limiting the generality of the
foregoing, such ordinance shall contain such covenants as may be determined
by the county board as to:
(a) The issuance of additional bonds that may thereafter be issued
payable from the revenues derived from the operation of any such parking
facilities and for the payment of the principal and interest upon such
(b) The regulation as to the use of any such parking facilities to
assure the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues to be derived from the project;
(d) Operation, maintenance, management, accounting and auditing, and the
keeping of records, reports and audits of any such parking facilities;
(e) The obligation of the county to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the project and prompt
payment of principal of and interest upon the said bonds so authorized.
(g) The execution of any trust agreement or agreements containing such
covenants and conditions as may be agreed upon between any purchaser and
the county board to secure payment of any such revenue bonds.
After said ordinance has been adopted and approved, it shall be
published once in a newspaper published and having general circulation in
such county, or if there be no such newspaper published in such county,
then the ordinance shall be posted in at least 5 of the most public
places in such county, and shall become effective 10 days after
publication or posting thereof.
(Source: P.A. 86-962.)
55 ILCS 5/5-11004
(55 ILCS 5/5-11004)
(from Ch. 34, par. 5-11004)
Charges and fees.
Whenever bonds are issued as provided
by this Division it shall be the duty of the county board to establish
charges and fees for the use of any such parking facilities sufficient at
all times to pay maintenance and operation costs, and principal of and
interest upon such bonds, and all revenues derived from the operation
thereof shall be set aside as a separate fund and account and used only as
(Source: P.A. 86-962.)
55 ILCS 5/5-11005
(55 ILCS 5/5-11005)
(from Ch. 34, par. 5-11005)
Disposition of funds.
Whenever revenue bonds are issued
under this Division, the revenues derived from the operation of the project
shall be set aside as collected and be deposited in a separate fund,
separate and apart from all other funds of such county, and be used in
paying the cost of maintenance and operation, paying the principal of and
interest upon the bonds of such county, issued under this Division, and for
the transfer of any surplus amounts annually to the general corporate fund
of any such county only when and in the manner permitted and authorized in
accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any such bonds under the provisions of this
(Source: P.A. 86-962.)
55 ILCS 5/5-11006
(55 ILCS 5/5-11006)
(from Ch. 34, par. 5-11006)
Contract with bondholders.
The provisions of this
Division, and of any ordinance or other proceeding authorizing the issuance
of bonds under the provisions of this Division, shall constitute a contract
with the holders of such bonds, and any holder of a bond or bonds, or any
of the coupons of any bond or bonds of said county, issued under this
Division, may by action, mandamus, injunction or other proceeding, enforce
and compel the performance of all duties required by this Division,
including the making and collecting of sufficient charges and fees for
service and use thereof, and the application of income and revenue thereof.
In the event a trust agreement or agreements are executed and delivered to
secure the payment of any such bonds, said trust agreement or agreements
may prescribe by whom and on whose behalf such action may be instituted to
compel performance and compliance therewith and of the duties and
obligations required by this Division.
(Source: P.A. 86-962.)
55 ILCS 5/5-11007
(55 ILCS 5/5-11007)
(from Ch. 34, par. 5-11007)
Regulation by county board.
The county board is hereby
granted authority to make all reasonable rules and regulations of the
county regarding the management and control and use of any such parking
facility or facilities.
(Source: P.A. 86-962.)
55 ILCS 5/5-11008
(55 ILCS 5/5-11008)
(from Ch. 34, par. 5-11008)
Leases; disposition of revenue.
The county board is
hereby given the authority to lease all
or any part of any such parking facilities, and to fix and collect the
rentals therefor, and to fix, charge and collect rentals, fees and
charges to be paid for the use of the whole or any part of any such
parking facilities, and to make contracts for the operation and
management of the same, and to provide for the use, management and
operation of such parking facilities through lease or by its own
employees, or otherwise; provided, however, that no lease for the
operation or management of any such parking facilities shall be made for
more than one year, except to the highest and best bidder after notice
requesting bids shall have been given by at least one publication in
some newspaper of general circulation published in the county, such
publication to be made once each week for at least two weeks before the
date of receiving bids therefor. All income and revenue derived from any
such lease or contract shall be deposited in a separate account and used
solely and only for the purpose of maintaining and operating the
project, and paying the principal of and interest on any bonds issued
pursuant to ordinance under the provisions of this Division.
Further any contract or obligation involving the borrowing of money for
such purposes, incurred by the county board in the maintenance and
operation of any such parking facilities shall be payable solely and only
from the revenues derived from the operation of the project.
(Source: P.A. 86-962.)
55 ILCS 5/Div. 5-12
(55 ILCS 5/Div. 5-12 heading)
55 ILCS 5/5-12001
(55 ILCS 5/5-12001)
(from Ch. 34, par. 5-12001)
Authority to regulate and restrict location and use of
For the purpose of promoting the public health, safety, morals,
comfort and general welfare, conserving the values of property throughout the
county, lessening or avoiding congestion in the public streets and
highways, and lessening or avoiding the hazards to persons and damage to
property resulting from the accumulation or runoff of storm or flood
waters, the county board or board of county commissioners, as the
case may be, of each county, shall have the power to regulate and restrict
the location and use of buildings, structures and land for trade, industry,
residence and other uses which may be specified by such board, to regulate
and restrict the intensity of such uses, to establish building or setback
lines on or along any street, trafficway, drive, parkway or storm or
floodwater runoff channel or basin outside the limits of cities, villages
and incorporated towns which have in effect municipal zoning ordinances; to
divide the entire county outside the limits of such cities, villages and
incorporated towns into districts of such number, shape, area and of such
different classes, according to the use of land and buildings, the
intensity of such use (including height of buildings and structures and
surrounding open space) and other classification as may be deemed best
suited to carry out the purposes of this Division; to prohibit uses, buildings
or structures incompatible with the character of such districts
respectively; and to prevent additions to and alteration or remodeling of
existing buildings or structures in such a way as to avoid the restrictions
and limitations lawfully imposed hereunder: Provided, that permits with
respect to the erection, maintenance, repair, alteration, remodeling or
extension of buildings or structures used or to be used for agricultural
purposes shall be issued free of any charge. The corporate authorities
of the county may by ordinance require the construction of fences around
or protective covers over previously constructed artificial basins of water
dug in the ground and
used for swimming or wading, which are located on private residential
property and intended for the use of the owner and guests. In all ordinances or
resolutions passed under the authority of this Division, due allowance
shall be made for existing conditions, the conservation of property values,
the directions of building development to the best advantage of the entire
county, and the uses to which property is devoted at the time of the
enactment of any such ordinance or resolution.
The powers by this Division given shall not be exercised so as to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted, but provisions may be made for (i) the
gradual elimination of the uses of unimproved lands or lot areas when the
rights of the persons in possession are terminated or when the uses
to which they are devoted are discontinued, (ii) the gradual elimination of
to which the buildings and structures are devoted if they are adaptable
to permitted uses, and (iii) the gradual elimination of the buildings and
structures when they are destroyed or damaged in major part; nor
shall they be exercised so as to
impose regulations, eliminate uses, buildings, or structures, or require
permits with respect to land
used for agricultural purposes,
which includes the growing of farm crops, truck garden crops, animal and
husbandry, apiculture, aquaculture, dairying, floriculture, horticulture,
farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on the land,
other than parcels of land consisting of
less than 5 acres from which $1,000 or less of agricultural products were
sold in any calendar year in counties with a population between 300,000 and
400,000 or in counties contiguous to a county with a population between 300,000
and 400,000, and other than parcels of land consisting of less than 5 acres in
counties with a population in excess of 400,000,
or with respect to the erection,
maintenance, repair, alteration, remodeling or extension of buildings or
structures used or to be used for agricultural purposes upon such land
except that such buildings or structures for agricultural purposes may be
required to conform to building or set back lines
and counties may establish a minimum lot size for residences on land used for
agricultural purposes; nor shall any such
powers be so exercised as to prohibit the temporary use of land for the
installation, maintenance and operation of facilities used by contractors
in the ordinary course of construction activities, except that such
facilities may be required to be located not less than 1,000 feet from any
building used for residential purposes, and except that the period of such
temporary use shall not exceed the duration of the construction contract;
nor shall any such powers include the right to specify or regulate the type
or location of any poles, towers, wires, cables, conduits, vaults, laterals
or any other similar distributing equipment of a public utility as defined in
the Public Utilities Act, if the public utility
is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public
Utilities Revenue Act, or if such facilities or equipment are located on
any rights of way and are used for railroad purposes, nor shall any such
powers be exercised with respect to uses, buildings, or structures of a public
utility as defined in the Public Utilities Act, nor shall any such
powers be exercised in any respect as to the facilities, as defined in Section
5-12001.1, of a telecommunications carrier, as also defined therein, except to
the extent and in the manner set forth in Section 5-12001.1. As used in this
Act, "agricultural purposes" do not include the extraction of sand, gravel
or limestone, and such activities may be regulated by county zoning
ordinance even when such activities are related to an agricultural purpose.
Nothing in this Division shall be construed to restrict the powers granted by
statute to cities, villages and incorporated towns as to territory
contiguous to but outside of the limits of such cities, villages and
incorporated towns. Any zoning ordinance enacted by a city, village or
incorporated town shall supersede, with respect to territory within the
corporate limits of the municipality, any county zoning plan otherwise
applicable. The powers granted to counties by this Division shall be treated
as in addition to powers conferred by statute to control or approve maps,
plats or subdivisions. In this Division, "agricultural purposes"
include, without limitation, the growing, developing, processing,
conditioning, or selling of hybrid seed corn, seed beans, seed oats, or
other farm seeds.
Nothing in this Division shall be construed to prohibit the corporate
authorities of a county from adopting an ordinance that exempts pleasure
driveways or park districts, as defined in the Park District Code, with a
population of greater than 100,000, from the exercise of the county's powers
under this Division.
The powers granted by this Division may be used to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing.
(Source: P.A. 94-303, eff. 7-21-05
55 ILCS 5/5-12001.1
(55 ILCS 5/5-12001.1)
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.
(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
(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
(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
(e) In designing a facility, a telecommunications carrier or AM broadcast station shall consider the
(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
(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.
(10) Thirty days prior to the issuance of a building
permit for a facility necessitating the erection of a new tower, the permit applicant shall provide written notice of its intent to construct the facility to the State Representative and the State Senator of the district in which the subject facility is to be constructed and all county board members for the county board district in the county in which the subject facility is to be constructed. This notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility; (ii) the name, address, and telephone number of the governmental entity authorized to issue the building permit; and (iii) the location of the proposed facility. The applicant shall demonstrate compliance with the notice requirements set forth in this item (10) by submitting certified mail receipts or equivalent mail service receipts at the same time that the applicant submits the permit application.
(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
(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
(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 held at a zoning or other appropriate committee meeting with proper notice given as provided in this Section, 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.
(i) Notwithstanding any other provision of law to the contrary, 30 days prior to the issuance of any permits for a new telecommunications facility within a county, the telecommunications carrier constructing the facility shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility, (ii) the address and telephone number of the governmental entity that is to issue the building permit for the telecommunications facility, (iii) a site plan and site map of sufficient
specificity to indicate both the location of the parcel where
the telecommunications facility is to be constructed and the
location of all the telecommunications facilities within that
parcel, and (iv) the property index number and common address
of the parcel where the telecommunications facility is to be
located. The notice shall not contain any material that appears to be an advertisement for the telecommunications carrier or any services provided by the telecommunications carrier. The
notice shall be provided in person, by overnight private
courier, or by certified mail to all owners of property within
250 feet of the parcel in which the telecommunications carrier
has a leasehold or ownership interest. For the purposes of this
notice requirement, "owners" means those persons or entities
identified from the authentic tax records of the county in
which the telecommunications facility is to be located. If,
after a bona fide effort by the telecommunications carrier to
determine the owner and his or her address, the owner of the
property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is
returned because the owner cannot be found at the last known
address, the notice requirement of this paragraph is deemed
(Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496, eff. 8-22-11; 97-813, eff. 7-13-12.)
55 ILCS 5/5-12001.2
(55 ILCS 5/5-12001.2)
Regulation of telecommunications facilities; Lake County pilot project.
In addition to any other requirements under this Division concerning the regulation of telecommunications facilities and except as provided by the Small Wireless Facilities Deployment Act, the following applies to any new telecommunications facilities in Lake County that are not AM telecommunications towers or facilities:
(a) For every new wireless telecommunications
facility requiring a new tower structure, a telecommunications carrier shall provide the county with documentation consisting of the proposed location, a site plan, and an elevation that sufficiently describes a proposed wireless facility location.
(b) The county shall have 7 days to review the
facility proposal and contact the telecommunications carrier in writing via e-mail or other written means as specified by the telecommunications carrier. This written communication shall either approve the proposed location or request a meeting to review other possible alternative locations. If requested, the meeting shall take place within 7 days after the date of the written communication.
(c) At the meeting, the telecommunications carrier
shall provide the county documentation consisting of radio frequency engineering criteria and a corresponding telecommunications facility search ring map, together with documentation of the carrier's efforts to site the proposed facility within the telecommunications facility search ring.
(d) Within 21 days after receipt of the carrier's
documentation, the county shall propose either an alternative site within the telecommunications facility search ring, or an alternative site outside of the telecommunications search ring that meets the radio frequency engineering criteria provided by the telecommunications carrier and that will not materially increase the construction budget beyond what was estimated on the original carrier proposed site.
(e) If the county's proposed alternative site meets
the radio frequency engineering criteria provided by the telecommunications carrier, and will not materially increase the construction budget beyond what was estimated on the original carrier proposed site, then the telecommunications carrier shall agree to build the facility at the alternative location, subject to the negotiation of a lease with commercially reasonable terms and the obtainment of the customary building permits.
(f) If the telecommunications carrier can demonstrate
that: (i) the county's proposed alternative site does not meet the radio frequency engineering criteria, (ii) the county's proposed alternative site will materially increase the construction budget beyond what was estimated on the original carrier proposed site, (iii) the county has failed to provide an alternative site, or (iv) after a period of 90 days after receipt of the alternative site, the telecommunications carrier has failed, after acting in good faith and with due diligence, to obtain a lease or, at a minimum, a letter of intent to lease the alternative site at lease rates not materially greater than the lease rate for the original proposed site; then the carrier can proceed to permit and construct the site under the provisions and standards of Section 5-12001.1 of this Code.
(Source: P.A. 100-585, eff. 6-1-18
55 ILCS 5/5-12002
(55 ILCS 5/5-12002)
(from Ch. 34, par. 5-12002)
Inoperable motor vehicles.
The county board may by
ordinance declare all inoperable motor vehicles, whether on public or
private property, to be a nuisance and authorize fines to be levied for the
failure of any person to obey a notice received from the county which
states that such person is to dispose of any inoperable motor vehicles
under his or her control. However, nothing in this Section shall apply to
any motor vehicle that is kept within a building when not in use, to
historic vehicles over 25 years of age, or to a motor vehicle on the
premises of a place of business engaged in the wrecking or junking of
As used in this Section, "inoperable motor vehicle" means any motor vehicle
from which, for a period of at least 6 months, the engine, wheels or other
parts have been removed, or on which the engine, wheels or other parts have
been altered, damaged or otherwise so treated that the vehicle is incapable
of being driven under its own power. "Inoperable motor vehicle" shall not
include a motor vehicle which has been rendered temporarily incapable of
being driven under its own motor power in order to perform ordinary service
or repair operations.
(Source: P.A. 86-962.)
55 ILCS 5/5-12002.1
(55 ILCS 5/5-12002.1)
Hazardous dilapidated motor vehicles.
(a) The General Assembly hereby finds that the proliferation of hazardous dilapidated motor vehicles constitutes a hazard to the health, safety, and welfare of the public, and that addressing the problems caused by such abandoned dilapidated vehicles constitutes a compelling and fundamental governmental interest. The General Assembly also finds that the only effective method of dealing with the problem is to promulgate a comprehensive scheme to expedite the towing and disposal of such vehicles.
(b) As used in this Section, "hazardous dilapidated motor vehicle" means any motor vehicle with a substantial number of essential parts, as defined by Section 1-118 of The Illinois Vehicle Code, either damaged, removed, or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power or, which by its general state of deterioration, poses a threat to the public's health, safety, and welfare. "Hazardous dilapidated motor vehicle" shall not include a motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. The owner of a vehicle towed under the provisions of this Section shall be entitled to any hearing or review of the towing of the vehicle as provided by State or local law.
(c) A county board may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles, and may authorize a law enforcement agency, with applicable jurisdiction, to remove immediately, any hazardous dilapidated motor vehicle or parts thereof. The ordinance shall include a requirement that notice must be sent by certified mail to either the real property owner of record or the vehicle owner at least 10 days prior to removal. Nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking, selling, or junking of motor vehicles.
(Source: P.A. 97-779, eff. 7-13-12.)
55 ILCS 5/5-12003
(55 ILCS 5/5-12003)
(from Ch. 34, par. 5-12003)
Special flood hazard areas.
In those areas within the
territory of a county with a population in excess of 500,000 and fewer
than 3 million inhabitants, and outside any city, village or incorporated
town, which are identified as "Special Flood Hazard Areas" under the terms
and provisions of any ordinance adopted under this Division, the
unauthorized excavation or filling of such an area by any person shall
cause the county board to apply to the circuit court in that county for an
order to remove the fill and restore the parcel to its natural elevation in
order to lessen or avoid the imminent threat to the public health, safety
or welfare and damage to property resulting from the accumulation or
run-off of storm or flood waters. Where, upon diligent search, the
identity or whereabouts of the owner of any such parcel, including lien
holders of record, are not ascertainable, notice mailed to the person in
whose name such real estate was last assessed for taxes, as shown
by the county collector's books, constitutes sufficient notice under this
Section. The hearing upon such application to the circuit court shall be
expedited by the court and given precedence over all other suits. The cost
of removal or restoration incurred by the county board is recoverable from
the owner of such real estate and is a lien thereon, which lien is superior
to all prior existing liens and encumbrances, except taxes; provided that
within 60 days after such removal of fill or restoration of the parcel to
its natural elevation, the county board shall file notice of lien
for such cost and expense incurred in the office of the recorder of the
county. The notice
must consist of a sworn statement setting out (1) a description of the real
estate sufficient for identification thereof, (2) the amount of money
representing the cost and expense incurred, and (3) the date on which the
cost was incurred by the county. Upon payment of the costs and expenses by
the owner or persons interested in the property, the lien shall be released
by the county in whose name the lien has been filed and the release may be
filed of record. The lien may be enforced by proceedings of foreclosure as
in the case of mortgages or mechanics' liens, which action must be
commenced within 3 years after the date of filing notice of lien.
(Source: P.A. 90-14, eff. 7-1-97.)
55 ILCS 5/5-12004
(55 ILCS 5/5-12004)
(from Ch. 34, par. 5-12004)
Abandonment of vehicles prohibited.
The abandonment of a vehicle or any part thereof on any county highway in
any county with 500,000 or more inhabitants, but fewer than 3,000,000, is
unlawful and a petty offense punishable by a fine not to exceed $500.
(b) The abandonment of a vehicle or any part thereof on private or
public property other than a highway in view of the general public,
anywhere in such a county, is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal by the
official so designated by ordinance of the county board after a waiting
period of 7 days or more. A violation of this subsection (b) is a petty
offense punishable by a fine not to exceed $500.
(Source: P.A. 86-962.)
55 ILCS 5/5-12005
(55 ILCS 5/5-12005)
(from Ch. 34, par. 5-12005)
Abandoned, lost, stolen or unclaimed vehicles.
county with 500,000 or more inhabitants, but fewer than 3,000,000, when an
abandoned, lost, stolen or unclaimed vehicle comes into the temporary
possession or custody of a person, not the owner of the vehicle, such
person shall immediately notify the administrative official in the county
who is charged with the enforcement of any ordinance adopted pursuant to
this Division. Upon receipt of such notification, the administrative
official shall authorize a towing service to remove and take possession of
the abandoned, lost, stolen or unclaimed vehicle and its contents and
maintain a record of the tow as set forth in Section 4-204 of The Illinois
Vehicle Code until the vehicle is claimed by the owner or any person
legally entitled to possession thereof or until it is disposed of as
provided in The Illinois Vehicle Code.
(Source: P.A. 86-962.)
55 ILCS 5/5-12006
(55 ILCS 5/5-12006)
(from Ch. 34, par. 5-12006)
(a) In any county with 500,000 or more
inhabitants, but fewer than 3,000,000, when a vehicle is abandoned or left
unattended on a highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more, its removal
by a towing service may be authorized by the administrative official
charged with such duty.
(b) When a vehicle removal from either public or private property is
authorized, the owner of the vehicle shall be responsible for all towing costs.
Vehicles removed from public or private property and stored by a
commercial vehicle relocator or any other towing service in compliance
with the Illinois Vehicle Code shall be subject to a possessory lien for
services pursuant to "An Act concerning liens for labor, services, skill or
materials furnished upon or storage furnished for chattels", filed July 24,
1941, as amended and the
provision of Section 1 of that Act relating to notice and implied consent
shall be deemed satisfied by compliance with Section 18a-302 and subsection
(6) of Section 18a-300 of The Illinois Vehicle Code. In no event shall
such lien be greater than the rate established in accordance with
subsection (3) of Section 18a-200 of The Illinois Vehicle Code. In no
event shall such lien be increased or altered to reflect any charge for
services or materials rendered in addition to those authorized by this
Division. Every such lien shall be payable by use of any major
credit card, in addition to being payable in cash.
(c) When a vehicle is authorized to be towed away under this Division, the
administrative official authorizing the towing shall keep and maintain a
record of the vehicle towed, listing the color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number, license plate year and number and registration
sticker year and number displayed on the vehicle. The record shall also
include the date and hour of tow, location towed from, location towed to,
reason for towing and the name of the officer authorizing the tow.
The administrative official authorizing the towing shall further follow
the procedures for notification of record owner or other legally entitled
person, or if such person cannot be identified, procedures for
tracing vehicle ownership by the Illinois State Police as set forth in The
Illinois Vehicle Code and procedures for disposing of unclaimed vehicles
with or without notice.
(Source: P.A. 86-962.)
55 ILCS 5/5-12007
(55 ILCS 5/5-12007)
(from Ch. 34, par. 5-12007)
Zoning commission; proposed ordinance.
board in counties which desire to exercise the powers conferred by this
Division shall provide for a zoning commission of
not less than 3 nor more than 9 members whose duty it shall be to
recommend the boundaries of districts and appropriate regulations to be
enforced therein, such commission to be appointed by the chairman or
president of the county board, subject to confirmation by the county
board. The members of the zoning commission shall be compensated on a
per diem basis with a mileage allowance for travel, the amounts to be
determined by the county board. Such commission shall prepare a
tentative report and a proposed zoning ordinance or resolution for the
entire county outside the limits of cities, villages and incorporated
towns which have in effect municipal zoning ordinances. After the
preparation of such tentative report and ordinance or resolution, the
commission shall hold hearings thereon and shall afford persons
interested an opportunity to be heard. A hearing shall be held in each
township or road district affected by the terms of such proposed
ordinance or resolution. Notice of each hearing shall be published at
least 15 days in advance thereof in a newspaper of general circulation
published in the township or road district in which such property is
located. If no newspaper is published in such township or road district,
then such notice shall be published in a newspaper of general
circulation published in the county and having circulation where such
property is located. Such notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance or
resolution will be accessible for examination by interested parties.
Such hearings may be adjourned from time to time. If any municipality
having a zoning ordinance wishes to protest the proposed county zoning
provisions for the area within one and one-half miles of its corporate
limits, it shall appear at a hearing and submit in writing specific
proposals to the commission for zoning such territory. If the Board of
Trustees of any township located in a county with a population of less than
1,000,000 wishes to protest the proposed zoning of property in the
unincorporated area of the township, it shall appear at a hearing and
submit in writing specific proposals to the commission for zoning such
territory. If the commission approves of such proposals they shall be
incorporated within the report of the commission and its proposed ordinance.
Within 30 days after the final adjournment of such hearings the
commission shall make a final report and submit a proposed ordinance or
resolution to the county board. The county board may enact the
ordinance or resolution with or without change, or may refer it back to
the commission for further consideration. If a township located within
a county with a population of less than 600,000 has a plan commission
and the plan commission objects to the proposed zoning of property in the
unincorporated areas of the township, the township board of trustees may
submit its written objections to the county board within 30 days after the
submission of a proposed zoning ordinance or resolution by the County Zoning
Commission to the county board. In such case, the county board shall not
adopt zoning provisions which affect the unincorporated areas of the township,
except by the favorable vote of 3/4 of all the members of the county board.
If the proposals made by a municipality as provided above in this Section
are not incorporated in their entirety into the ordinance proposed to be
enacted by the county board, the county board shall not enact the proposed
zoning of such area within one and one-half miles of such municipality
except by a three-fourths vote of all members. The zoning commission shall
cease to exist, upon the adoption of a zoning ordinance or resolution for
In the preparation of its report and proposed zoning ordinance or
resolution the commission may incur such expenditures as shall be
authorized by the county board. The provisions of the amendatory Act of
1963 (Laws 1963, p. 297) shall apply only to the initial and original
proposed county zoning ordinance and shall not apply to any subsequent
amendments or revisions of such county zoning ordinance once adopted or to
the supplanting of such county zoning ordinance with an entirely new zoning
ordinance; provided, that any zoning ordinance or resolution heretofore
enacted which excludes municipalities subject to regulation shall be
amended or modified, in the manner hereinabove prescribed for original
enactment, to make provision to include any such municipality.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 89-272, eff. 8-10-95.)
55 ILCS 5/5-12008
(55 ILCS 5/5-12008)
(from Ch. 34, par. 5-12008)
Enforcement of ordinances or resolutions.
ordinances or resolutions passed under the terms of this Division
shall be enforced by such officer of the county as may be designated by
ordinance or resolution. The ordinance or resolution may require that for
any class or classes of districts created thereby, applications be made for
permits to erect buildings or structures, or to alter or remodel existing
buildings or structures, and may vest in the officer designated to enforce
the ordinance or resolution, the power to make orders, requirements,
decisions and determinations with respect to applications for such permits
and with respect to the enforcement of the terms of the ordinance or
(Source: P.A. 86-962.)