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90_HB3721
55 ILCS 5/5-12001.1
Amends the Counties Code. Deletes certain provisions
restricting a county from regulating the facilities of a
telecommunications carrier. Provides that in choosing a
location for a facility, a telecommunications carrier shall
make the determination according to certain priorities (now
shall consider certain items). Provides that in designing a
facility, a telecommunications carrier shall abide by (now
consider) certain guidelines. Provides that a
telecommunications facility may be (now is) permitted subject
to certain conditions. Effective immediately.
LRB9011115PTsb
LRB9011115PTsb
1 AN ACT to amend the Counties Code by changing Section
2 5-12001.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12001.1 as follows:
7 (55 ILCS 5/5-12001.1)
8 Sec. 5-12001.1. Authority to regulate certain specified
9 facilities of a telecommunications carrier.
10 (a) Notwithstanding any other Section in this Division,
11 the county board or board of county commissioners of any
12 county shall have the power to regulate the location of the
13 facilities, as defined in subsection (c), of a
14 telecommunications carrier established outside the corporate
15 limits of cities, villages, and incorporated towns that have
16 municipal zoning ordinances in effect. The power shall only
17 be exercised to the extent and in the manner set forth in
18 this Section.
19 (b) The provisions of this Section shall not abridge any
20 rights created by or authority confirmed in the federal
21 Telecommunications Act of 1996, P.L. 104-104.
22 (c) As used in this Section, unless the context
23 otherwise requires:
24 (1) "county jurisdiction area" means those portions
25 of a county that lie outside the corporate limits of
26 cities, villages, and incorporated towns that have
27 municipal zoning ordinances in effect;
28 (2) "county board" means the county board or board
29 of county commissioners of any county;
30 (3) "residential zoning district" means a zoning
31 district that is designated under a county zoning
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1 ordinance and is zoned predominantly for residential
2 uses;
3 (4) "non-residential zoning district" means the
4 county jurisdiction area of a county, except for those
5 portions within a residential zoning district;
6 (5) "residentially zoned lot" means a zoning lot in
7 a residential zoning district;
8 (6) "non-residentially zoned lot" means a zoning
9 lot in a non-residential zoning district;
10 (7) "telecommunications carrier" means a
11 telecommunications carrier as defined in the Public
12 Utilities Act as of January 1, 1997;
13 (8) "facility" means that part of the signal
14 distribution system used or operated by a
15 telecommunications carrier under a license from the FCC
16 consisting of a combination of improvements and equipment
17 including (i) one or more antennas, (ii) a supporting
18 structure and the hardware by which antennas are
19 attached; (iii) equipment housing; and (iv) ancillary
20 equipment such as signal transmission cables and
21 miscellaneous hardware;
22 (9) "FAA" means the Federal Aviation Administration
23 of the United States Department of Transportation;
24 (10) "FCC" means the Federal Communications
25 Commission;
26 (11) "antenna" means an antenna device by which
27 radio signals are transmitted, received, or both;
28 (12) "supporting structure" means a structure,
29 whether an antenna tower or another type of structure,
30 that supports one or more antennas as part of a facility;
31 (13) "qualifying structure" means a supporting
32 structure that is (i) an existing structure, if the
33 height of the facility, including the structure, is not
34 more than 15 feet higher than the structure just before
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1 the facility is installed, or (ii) a substantially
2 similar, substantially same-location replacement of an
3 existing structure, if the height of the facility,
4 including the replacement structure, is not more than 15
5 feet higher than the height of the existing structure
6 just before the facility is installed;
7 (14) "equipment housing" means a combination of one
8 or more equipment buildings or enclosures housing
9 equipment that operates in conjunction with the antennas
10 of a facility, and the equipment itself;
11 (15) "height" of a facility means the total height
12 of the facility's supporting structure and any antennas
13 that will extend above the top of the supporting
14 structure; however, if the supporting structure's
15 foundation extends more than 3 feet above the uppermost
16 ground level along the perimeter of the foundation, then
17 each full foot in excess of 3 feet shall be counted as an
18 additional foot of facility height. The height of a
19 facility's supporting structure is to be measured from
20 the highest point of the supporting structure's
21 foundation;
22 (16) "facility lot" means the zoning lot on which a
23 facility is or will be located;
24 (17) "principal residential building" has its
25 common meaning but shall not include any building under
26 the same ownership as the land of the facility lot.
27 "Principal residential building" shall not include any
28 structure that is not designed for human habitation;
29 (18) "horizontal separation distance" means the
30 distance measured from the center of the base of the
31 facility's supporting structure to the point where the
32 ground meets a vertical wall of a principal residential
33 building; and
34 (19) "lot line set back distance" means the
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1 distance measured from the center of the base of the
2 facility's supporting structure to the nearest point on
3 the common lot line between the facility lot and the
4 nearest residentially zoned lot. If there is no common
5 lot line, the measurement shall be made to the nearest
6 point on the lot line of the nearest residentially zoned
7 lot without deducting the width of any intervening right
8 of way.
9 (d) In choosing a location for a facility, a
10 telecommunications carrier shall make the determination
11 according to consider the following priorities:
12 (1) A non-residentially zoned lot is the most
13 desirable location.
14 (2) A residentially zoned lot that is not used for
15 residential purposes is the second most desirable
16 location.
17 (3) A residentially zoned lot that is 2 acres or
18 more in size and is used for residential purposes is the
19 third most desirable location.
20 (4) A residentially zoned lot that is less than 2
21 acres in size and is used for residential purposes is the
22 least desirable location.
23 The size of a lot shall be the lot's gross area in square
24 feet without deduction of any unbuildable or unusable land,
25 any roadway, or any other easement.
26 (e) In designing a facility, a telecommunications
27 carrier shall abide by consider the following guidelines:
28 (1) No building or tower that is part of a facility
29 shall should encroach onto any recorded easement
30 prohibiting the encroachment unless the grantees of the
31 easement have given their approval.
32 (2) Lighting shall should be installed for security
33 and safety purposes only. Except with respect to
34 lighting required by the FCC or FAA, all lighting shall
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1 should be shielded so that no glare extends substantially
2 beyond the boundaries of a facility.
3 (3) No facility shall should encroach onto an
4 existing septic field.
5 (4) Any facility located in a special flood hazard
6 area or wetland shall should meet the legal requirements
7 for those lands.
8 (5) Existing trees more than 3 inches in diameter
9 shall should be preserved if reasonably feasible during
10 construction. If any tree more than 3 inches in diameter
11 is removed during construction a tree 3 inches or more in
12 diameter of the same or a similar species shall be
13 planted as a replacement if reasonably feasible. Tree
14 diameter shall be measured at a point 3 feet above ground
15 level.
16 (6) If any elevation of a facility faces an
17 existing, adjoining residential use within a residential
18 zoning district, low maintenance landscaping shall should
19 be provided on or near the facility lot to provide at
20 least partial screening of the facility. The quantity
21 and type of that landscaping shall should be in
22 accordance with any county landscaping regulations of
23 general applicability, except that paragraph (5) of this
24 subsection (e) shall control over any tree-related
25 regulations imposing a greater burden.
26 (7) Fencing shall should be installed around a
27 facility. The height and materials of the fencing shall
28 should be in accordance with any county fence regulations
29 of general applicability.
30 (8) Any building that is part of a facility located
31 adjacent to a residentially zoned lot shall should be
32 designed with exterior materials and colors that are
33 reasonably compatible with the residential character of
34 the area.
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1 (f) The following provisions shall apply to all
2 facilities established in any county jurisdiction area after
3 the effective date of the amendatory Act of 1997:
4 (1) (Blank). Except as provided in this Section,
5 no yard or set back regulations shall apply to or be
6 required for a facility.
7 (2) (Blank). A facility may be located on the same
8 zoning lot as one or more other structures or uses
9 without violating any ordinance or regulation that
10 prohibits or limits multiple structures, buildings, or
11 uses on a zoning lot.
12 (3) (Blank). No minimum lot area, width, or depth
13 shall be required for a facility, and unless the facility
14 is to be manned on a regular, daily basis, no off-street
15 parking spaces shall be required for a facility. If the
16 facility is to be manned on a regular, daily basis, one
17 off-street parking space shall be provided for each
18 employee regularly at the facility. No loading
19 facilities are required.
20 (4) No portion of a facility's supporting structure
21 or equipment housing shall be less than 15 feet from the
22 front lot line of the facility lot or less than 10 feet
23 from any other lot line.
24 (5) (Blank). No bulk regulations or lot coverage,
25 building coverage, or floor area ratio limitations shall
26 be applied to a facility or to any existing use or
27 structure coincident with the establishment of a
28 facility. Except as provided in this Section, no height
29 limits or restrictions shall apply to a facility.
30 (6) A county's review of a building permit
31 application for a facility shall be completed within 30
32 days. If a decision of the county board is required to
33 permit the establishment of a facility, the county's
34 review of the application shall be simultaneous with the
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1 process leading to the county board's decision.
2 (7) The improvements and equipment comprising the
3 facility may be wholly or partly freestanding or wholly
4 or partly attached to, enclosed in, or installed in or on
5 a structure or structures.
6 (8) Any public hearing authorized under this
7 Section shall be conducted in a manner determined by the
8 county board. Notice of any such public hearing shall be
9 published at least 15 days before the hearing in a
10 newspaper of general circulation published in the county.
11 (9) Any decision regarding a facility by the county
12 board or a county agency or official shall be supported
13 by written findings of fact. The circuit court shall
14 have jurisdiction to review the reasonableness of any
15 adverse decision and the plaintiff shall bear the burden
16 of proof, but there shall be no presumption of the
17 validity of the decision.
18 (g) The following provisions shall apply to all
19 facilities established after the effective date of this
20 amendatory Act of 1997 in the county jurisdiction area of any
21 county with a population of less than 180,000:
22 (1) A facility may be is permitted if its
23 supporting structure is a qualifying structure or if both
24 of the following conditions are met:
25 (A) the height of the facility shall not
26 exceed 200 feet, except that if a facility is
27 located more than one and one-half miles from the
28 corporate limits of any municipality with a
29 population of 25,000 or more the height of the
30 facility shall not exceed 350 feet; and
31 (B) the horizontal separation distance to the
32 nearest principal residential building shall not be
33 less than the height of the supporting structure;
34 except that if the supporting structure exceeds 99
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1 feet in height, the horizontal separation distance
2 to the nearest principal residential building shall
3 be at least 100 feet or 80% of the height of the
4 supporting structure, whichever is greater.
5 Compliance with this paragraph shall only be
6 evaluated as of the time that a building permit
7 application for the facility is submitted. If the
8 supporting structure is not an antenna tower this
9 paragraph is satisfied.
10 (2) Unless a facility is permitted under paragraph
11 (1) of this subsection (g), A facility can be
12 established only after the county board gives its
13 approval following consideration of the provisions of
14 paragraph (3) of this subsection (g). The county board
15 may give its approval after one public hearing on the
16 proposal, but only by the favorable vote of a majority of
17 the members present at a meeting held no later than 75
18 days after submission of a complete application by the
19 telecommunications carrier. If the county board fails to
20 act on the application within 75 days after its
21 submission, the application shall be deemed to have been
22 approved. No more than one public hearing shall be
23 required.
24 (3) For purposes of paragraph (2) of this
25 subsection (g), the following siting considerations may,
26 but no other matter, shall be considered by the county
27 board or any other body conducting the public hearing:
28 (A) the priorities criteria in subsection (d)
29 of this Section;
30 (B) whether a substantial adverse effect on
31 public safety will result from some aspect of the
32 facility's design or proposed construction, but only
33 if that aspect of design or construction is
34 modifiable by the applicant;
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1 (C) the benefits to be derived by the users of
2 the services to be provided or enhanced by the
3 facility and whether public safety and emergency
4 response capabilities would benefit by the
5 establishment of the facility;
6 (D) the existing uses on adjacent and nearby
7 properties; and
8 (E) the extent to which the design of the
9 proposed facility reflects compliance with
10 subsection (e) of this Section.
11 (4) On judicial review of an adverse decision, the
12 issue shall be the reasonableness of the county board's
13 decision in light of the evidence presented on the siting
14 considerations and the well-reasoned recommendations of
15 any other body that conducts the public hearing.
16 (h) The following provisions shall apply to all
17 facilities established after the effective date of this
18 amendatory Act of 1997 in the county jurisdiction area of any
19 county with a population of 180,000 or more. A facility may
20 be is permitted in any zoning district subject to the
21 following:
22 (1) A facility shall not be located on a lot under
23 paragraph (4) of subsection (d) unless a variation is
24 granted by the county board under paragraph (4) of this
25 subsection (h).
26 (2) Unless a height variation is granted by the
27 county board, the height of a facility shall not exceed
28 75 feet if the facility will be located in a residential
29 zoning district or 200 feet if the facility will be
30 located in a non-residential zoning district. However,
31 the height of a facility may exceed the height limit in
32 this paragraph, and no height variation shall be
33 required, if the supporting structure is a qualifying
34 structure.
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1 (3) The improvements and equipment of the facility
2 shall be placed to comply with the requirements of this
3 paragraph at the time a building permit application for
4 the facility is submitted. If the supporting structure
5 is an antenna tower other than a qualifying structure
6 then (i) if the facility will be located in a residential
7 zoning district the lot line set back distance to the
8 nearest residentially zoned lot shall be at least 50% of
9 the height of the facility's supporting structure or (ii)
10 if the facility will be located in a non-residential
11 zoning district the horizontal separation distance to the
12 nearest principal residential building shall be at least
13 equal to the height of the facility's supporting
14 structure.
15 (4) The county board may grant variations for any
16 of the regulations, conditions, and restrictions of this
17 subsection (h), after one public hearing on the proposed
18 variations, by a favorable vote of a majority of the
19 members present at a meeting held no later than 75 days
20 after submission of an application by the
21 telecommunications carrier. If the county board fails to
22 act on the application within 75 days after submission,
23 the application shall be deemed to have been approved.
24 In its consideration of an application for variations,
25 the county board, and any other body conducting the
26 public hearing, may shall consider the following, and no
27 other matters:
28 (A) whether, but for the granting of a
29 variation, the service that the telecommunications
30 carrier seeks to enhance or provide with the
31 proposed facility will be less available, impaired,
32 or diminished in quality, quantity, or scope of
33 coverage;
34 (B) whether the conditions upon which the
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1 application for variations is based are unique in
2 some respect or, if not, whether the strict
3 application of the regulations would result in a
4 hardship on the telecommunications carrier;
5 (C) whether a substantial adverse effect on
6 public safety will result from some aspect of the
7 facility's design or proposed construction, but only
8 if that aspect of design or construction is
9 modifiable by the applicant;
10 (D) whether there are benefits to be derived
11 by the users of the services to be provided or
12 enhanced by the facility and whether public safety
13 and emergency response capabilities would benefit by
14 the establishment of the facility; and
15 (E) the extent to which the design of the
16 proposed facility reflects compliance with
17 subsection (e) of this Section.
18 No more than one public hearing shall be required.
19 (5) On judicial review of an adverse decision, the
20 issue shall be the reasonableness of the county board's
21 decision in light of the evidence presented and the
22 well-reasoned recommendations of any other body that
23 conducted the public hearing.
24 (Source: P.A. 90-522, eff. 1-1-98.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.