Illinois General Assembly - Full Text of HB2974
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Full Text of HB2974  97th General Assembly

HB2974ham002 97TH GENERAL ASSEMBLY

Rep. Renée Kosel

Filed: 3/30/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2974

2    AMENDMENT NO. ______. Amend House Bill 2974 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 5-12001.1 as follows:
 
6    (55 ILCS 5/5-12001.1)
7    Sec. 5-12001.1. Authority to regulate certain specified
8facilities of a telecommunications carrier and to regulate,
9pursuant to subsections (a) through (g), AM broadcast towers
10and facilities.
11    (a) Notwithstanding any other Section in this Division, the
12county board or board of county commissioners of any county
13shall have the power to regulate the location of the
14facilities, as defined in subsection (c), of a
15telecommunications carrier or AM broadcast station established
16outside the corporate limits of cities, villages, and

 

 

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1incorporated towns that have municipal zoning ordinances in
2effect. The power shall only be exercised to the extent and in
3the manner set forth in this Section.
4    (b) The provisions of this Section shall not abridge any
5rights created by or authority confirmed in the federal
6Telecommunications Act of 1996, P.L. 104-104.
7    (c) As used in this Section, unless the context otherwise
8requires:
9        (1) "county jurisdiction area" means those portions of
10    a county that lie outside the corporate limits of cities,
11    villages, and incorporated towns that have municipal
12    zoning ordinances in effect;
13        (2) "county board" means the county board or board of
14    county commissioners of any county;
15        (3) "residential zoning district" means a zoning
16    district that is designated under a county zoning ordinance
17    and is zoned predominantly for residential uses;
18        (4) "non-residential zoning district" means the county
19    jurisdiction area of a county, except for those portions
20    within a residential zoning district;
21        (5) "residentially zoned lot" means a zoning lot in a
22    residential zoning district;
23        (6) "non-residentially zoned lot" means a zoning lot in
24    a non-residential zoning district;
25        (7) "telecommunications carrier" means a
26    telecommunications carrier as defined in the Public

 

 

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1    Utilities Act as of January 1, 1997;
2        (8) "facility" means that part of the signal
3    distribution system used or operated by a
4    telecommunications carrier or AM broadcast station under a
5    license from the FCC consisting of a combination of
6    improvements and equipment including (i) one or more
7    antennas, (ii) a supporting structure and the hardware by
8    which antennas are attached; (iii) equipment housing; and
9    (iv) ancillary equipment such as signal transmission
10    cables and miscellaneous hardware;
11        (9) "FAA" means the Federal Aviation Administration of
12    the United States Department of Transportation;
13        (10) "FCC" means the Federal Communications
14    Commission;
15        (11) "antenna" means an antenna device by which radio
16    signals are transmitted, received, or both;
17        (12) "supporting structure" means a structure, whether
18    an antenna tower or another type of structure, that
19    supports one or more antennas as part of a facility;
20        (13) "qualifying structure" means a supporting
21    structure that is (i) an existing structure, if the height
22    of the facility, including the structure, is not more than
23    15 feet higher than the structure just before the facility
24    is installed, or (ii) a substantially similar,
25    substantially same-location replacement of an existing
26    structure, if the height of the facility, including the

 

 

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1    replacement structure, is not more than 15 feet higher than
2    the height of the existing structure just before the
3    facility is installed;
4        (14) "equipment housing" means a combination of one or
5    more equipment buildings or enclosures housing equipment
6    that operates in conjunction with the antennas of a
7    facility, and the equipment itself;
8        (15) "height" of a facility means the total height of
9    the facility's supporting structure and any antennas that
10    will extend above the top of the supporting structure;
11    however, if the supporting structure's foundation extends
12    more than 3 feet above the uppermost ground level along the
13    perimeter of the foundation, then each full foot in excess
14    of 3 feet shall be counted as an additional foot of
15    facility height. The height of a facility's supporting
16    structure is to be measured from the highest point of the
17    supporting structure's foundation;
18        (16) "facility lot" means the zoning lot on which a
19    facility is or will be located;
20        (17) "principal residential building" has its common
21    meaning but shall not include any building under the same
22    ownership as the land of the facility lot. "Principal
23    residential building" shall not include any structure that
24    is not designed for human habitation;
25        (18) "horizontal separation distance" means the
26    distance measured from the center of the base of the

 

 

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1    facility's supporting structure to the point where the
2    ground meets a vertical wall of a principal residential
3    building;
4        (19) "lot line set back distance" means the distance
5    measured from the center of the base of the facility's
6    supporting structure to the nearest point on the common lot
7    line between the facility lot and the nearest residentially
8    zoned lot. If there is no common lot line, the measurement
9    shall be made to the nearest point on the lot line of the
10    nearest residentially zoned lot without deducting the
11    width of any intervening right of way; and
12        (20) "AM broadcast station" means a facility and one or
13    more towers for the purpose of transmitting communication
14    in the 540 kHz to 1700 kHz band for public reception
15    authorized by the FCC; and .
16        (21) "co-location" means a tower shared by 2 or more
17    wireless communications providers.
18    (d) In choosing a location for a facility, a
19telecommunications carrier or AM broadcast station shall
20consider the following:
21        (1) A non-residentially zoned lot is the most desirable
22    location.
23        (2) A residentially zoned lot that is not used for
24    residential purposes is the second most desirable
25    location.
26        (3) A residentially zoned lot that is 2 acres or more

 

 

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1    in size and is used for residential purposes is the third
2    most desirable location.
3        (4) A residentially zoned lot that is less than 2 acres
4    in size and is used for residential purposes is the least
5    desirable location.
6    The size of a lot shall be the lot's gross area in square
7feet without deduction of any unbuildable or unusable land, any
8roadway, or any other easement.
9    (e) In designing a facility, a telecommunications carrier
10or AM broadcast station shall consider the following
11guidelines:
12        (1) No building or tower that is part of a facility
13    should encroach onto any recorded easement prohibiting the
14    encroachment unless the grantees of the easement have given
15    their approval.
16        (2) Lighting should be installed for security and
17    safety purposes only. Except with respect to lighting
18    required by the FCC or FAA, all lighting should be shielded
19    so that no glare extends substantially beyond the
20    boundaries of a facility.
21        (3) No facility should encroach onto an existing septic
22    field.
23        (4) Any facility located in a special flood hazard area
24    or wetland should meet the legal requirements for those
25    lands.
26        (5) Existing trees more than 3 inches in diameter

 

 

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1    should be preserved if reasonably feasible during
2    construction. If any tree more than 3 inches in diameter is
3    removed during construction a tree 3 inches or more in
4    diameter of the same or a similar species shall be planted
5    as a replacement if reasonably feasible. Tree diameter
6    shall be measured at a point 3 feet above ground level.
7        (6) If any elevation of a facility faces an existing,
8    adjoining residential use within a residential zoning
9    district, low maintenance landscaping should be provided
10    on or near the facility lot to provide at least partial
11    screening of the facility. The quantity and type of that
12    landscaping should be in accordance with any county
13    landscaping regulations of general applicability, except
14    that paragraph (5) of this subsection (e) shall control
15    over any tree-related regulations imposing a greater
16    burden.
17        (7) Fencing should be installed around a facility. The
18    height and materials of the fencing should be in accordance
19    with any county fence regulations of general
20    applicability.
21        (8) Any building that is part of a facility located
22    adjacent to a residentially zoned lot should be designed
23    with exterior materials and colors that are reasonably
24    compatible with the residential character of the area.
25    (f) The following provisions shall apply to all facilities
26established in any county jurisdiction area (i) after the

 

 

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1effective date of the amendatory Act of 1997 with respect to
2telecommunications carriers and (ii) after the effective date
3of this amendatory Act of the 94th General Assembly with
4respect to AM broadcast stations:
5        (1) Except as provided in this Section, no yard or set
6    back regulations shall apply to or be required for a
7    facility.
8        (2) A facility may be located on the same zoning lot as
9    one or more other structures or uses without violating any
10    ordinance or regulation that prohibits or limits multiple
11    structures, buildings, or uses on a zoning lot.
12        (3) No minimum lot area, width, or depth shall be
13    required for a facility, and unless the facility is to be
14    manned on a regular, daily basis, no off-street parking
15    spaces shall be required for a facility. If the facility is
16    to be manned on a regular, daily basis, one off-street
17    parking space shall be provided for each employee regularly
18    at the facility. No loading facilities are required.
19        (4) No portion of a facility's supporting structure or
20    equipment housing shall be less than 15 feet from the front
21    lot line of the facility lot or less than 10 feet from any
22    other lot line.
23        (5) No bulk regulations or lot coverage, building
24    coverage, or floor area ratio limitations shall be applied
25    to a facility or to any existing use or structure
26    coincident with the establishment of a facility. Except as

 

 

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1    provided in this Section, no height limits or restrictions
2    shall apply to a facility.
3        (6) A county's review of a building permit application
4    for a facility shall be completed within 30 days. If a
5    decision of the county board is required to permit the
6    establishment of a facility, the county's review of the
7    application shall be simultaneous with the process leading
8    to the county board's decision.
9        (7) The improvements and equipment comprising the
10    facility may be wholly or partly freestanding or wholly or
11    partly attached to, enclosed in, or installed in or on a
12    structure or structures.
13        (8) Any public hearing authorized under this Section
14    shall be conducted in a manner determined by the county
15    board. Notice of any such public hearing shall be published
16    at least 15 days before the hearing in a newspaper of
17    general circulation published in the county. Notice of any
18    such public hearing shall also be sent by certified mail at
19    least 15 days prior to the hearing to the owners of record
20    of all residential property that is adjacent to the lot
21    upon which the facility is proposed to be sited.
22        (9) Any decision regarding a facility by the county
23    board or a county agency or official shall be supported by
24    written findings of fact. The circuit court shall have
25    jurisdiction to review the reasonableness of any adverse
26    decision and the plaintiff shall bear the burden of proof,

 

 

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1    but there shall be no presumption of the validity of the
2    decision.
3    (g) The following provisions shall apply to all facilities
4established (i) after the effective date of this amendatory Act
5of 1997 with respect to telecommunications carriers, and (ii)
6after the effective date of this amendatory Act of the 94th
7General Assembly with respect to AM broadcast stations in the
8county jurisdiction area of any county with a population of
9less than 180,000, and (iii) after the effective date of this
10amendatory Act of the 97th General Assembly with respect to
11regulation of support structures under item (5):
12        (1) A facility is permitted if its supporting structure
13    is a qualifying structure or if both of the following
14    conditions are met:
15            (A) the height of the facility shall not exceed 200
16        feet, except that if a facility is located more than
17        one and one-half miles from the corporate limits of any
18        municipality with a population of 25,000 or more the
19        height of the facility shall not exceed 350 feet; and
20            (B) the horizontal separation distance to the
21        nearest principal residential building shall not be
22        less than the height of the supporting structure;
23        except that if the supporting structure exceeds 99 feet
24        in height, the horizontal separation distance to the
25        nearest principal residential building shall be at
26        least 100 feet or 80% of the height of the supporting

 

 

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1        structure, whichever is greater. Compliance with this
2        paragraph shall only be evaluated as of the time that a
3        building permit application for the facility is
4        submitted. If the supporting structure is not an
5        antenna tower this paragraph is satisfied.
6        (2) Unless a facility is permitted under paragraph (1)
7    of this subsection (g), a facility can be established only
8    after the county board gives its approval following
9    consideration of the provisions of paragraph (3) of this
10    subsection (g). The county board may give its approval
11    after one public hearing on the proposal, but only by the
12    favorable vote of a majority of the members present at a
13    meeting held no later than 75 days after submission of a
14    complete application by the telecommunications carrier. If
15    the county board fails to act on the application within 75
16    days after its submission, the application shall be deemed
17    to have been approved. No more than one public hearing
18    shall be required.
19        (3) For purposes of paragraph (2) of this subsection
20    (g), the following siting considerations, but no other
21    matter, shall be considered by the county board or any
22    other body conducting the public hearing:
23            (A) the criteria in subsection (d) of this Section;
24            (B) whether a substantial adverse effect on public
25        safety will result from some aspect of the facility's
26        design or proposed construction, but only if that

 

 

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1        aspect of design or construction is modifiable by the
2        applicant;
3            (C) the benefits to be derived by the users of the
4        services to be provided or enhanced by the facility and
5        whether public safety and emergency response
6        capabilities would benefit by the establishment of the
7        facility;
8            (D) the existing uses on adjacent and nearby
9        properties; and
10            (E) the extent to which the design of the proposed
11        facility reflects compliance with subsection (e) of
12        this Section.
13        (4) On judicial review of an adverse decision, the
14    issue shall be the reasonableness of the county board's
15    decision in light of the evidence presented on the siting
16    considerations and the well-reasoned recommendations of
17    any other body that conducts the public hearing.
18        (5) When regulating the placement of a support
19    structure, a county may not:
20            (A) regulate the placement of an antenna or related
21        equipment for an existing support structure; except
22        that if the placement of an antenna on an existing
23        support structure requires an extension, the placement
24        may be regulated if the extension would require the
25        support structure to have lighting as required by
26        federal law; if a co-location occurs, the co-location

 

 

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1        may not be considered an expansion, and the county may
2        not impose additional costs or operating restrictions
3        on the applicant for the co-location unless the support
4        structure is owned by the county;
5            (B) require the applicant to provide justification
6        for radio frequency need; or
7            (C) prohibit the provision of personal wireless
8        services.
9    (h) The following provisions shall apply to all facilities
10established after the effective date of this amendatory Act of
111997 in the county jurisdiction area of any county with a
12population of 180,000 or more. A facility is permitted in any
13zoning district subject to the following:
14        (1) A facility shall not be located on a lot under
15    paragraph (4) of subsection (d) unless a variation is
16    granted by the county board under paragraph (4) of this
17    subsection (h).
18        (2) Unless a height variation is granted by the county
19    board, the height of a facility shall not exceed 75 feet if
20    the facility will be located in a residential zoning
21    district or 200 feet if the facility will be located in a
22    non-residential zoning district. However, the height of a
23    facility may exceed the height limit in this paragraph, and
24    no height variation shall be required, if the supporting
25    structure is a qualifying structure.
26        (3) The improvements and equipment of the facility

 

 

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1    shall be placed to comply with the requirements of this
2    paragraph at the time a building permit application for the
3    facility is submitted. If the supporting structure is an
4    antenna tower other than a qualifying structure then (i) if
5    the facility will be located in a residential zoning
6    district the lot line set back distance to the nearest
7    residentially zoned lot shall be at least 50% of the height
8    of the facility's supporting structure or (ii) if the
9    facility will be located in a non-residential zoning
10    district the horizontal separation distance to the nearest
11    principal residential building shall be at least equal to
12    the height of the facility's supporting structure.
13        (4) The county board may grant variations for any of
14    the regulations, conditions, and restrictions of this
15    subsection (h), after one public hearing on the proposed
16    variations held at a zoning or other appropriate committee
17    meeting with proper notice given as provided in this
18    Section, by a favorable vote of a majority of the members
19    present at a meeting held no later than 75 days after
20    submission of an application by the telecommunications
21    carrier. If the county board fails to act on the
22    application within 75 days after submission, the
23    application shall be deemed to have been approved. In its
24    consideration of an application for variations, the county
25    board, and any other body conducting the public hearing,
26    shall consider the following, and no other matters:

 

 

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1            (A) whether, but for the granting of a variation,
2        the service that the telecommunications carrier seeks
3        to enhance or provide with the proposed facility will
4        be less available, impaired, or diminished in quality,
5        quantity, or scope of coverage;
6            (B) whether the conditions upon which the
7        application for variations is based are unique in some
8        respect or, if not, whether the strict application of
9        the regulations would result in a hardship on the
10        telecommunications carrier;
11            (C) whether a substantial adverse effect on public
12        safety will result from some aspect of the facility's
13        design or proposed construction, but only if that
14        aspect of design or construction is modifiable by the
15        applicant;
16            (D) whether there are benefits to be derived by the
17        users of the services to be provided or enhanced by the
18        facility and whether public safety and emergency
19        response capabilities would benefit by the
20        establishment of the facility; and
21            (E) the extent to which the design of the proposed
22        facility reflects compliance with subsection (e) of
23        this Section.
24    No more than one public hearing shall be required.
25        (5) On judicial review of an adverse decision, the
26    issue shall be the reasonableness of the county board's

 

 

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1    decision in light of the evidence presented and the
2    well-reasoned recommendations of any other body that
3    conducted the public hearing.
4    (i) Notwithstanding any other provision of law the
5contrary, 30 days prior to the issuance of any permits for a
6new telecommunications facility in any area under county zoning
7jurisdiction, the telecommunications carrier constructing the
8facility shall provide written notice of its intent to
9construct the facility. The notice shall include, but not be
10limited to, the following information: (i) the name, address,
11and telephone number of the company responsible for the
12construction of the facility, (ii) the address and telephone
13number of the governmental entity that is to issue the building
14permit for the telecommunications facility, (iii) a site plan
15and site map of sufficient specificity to indicate both the
16location of the parcel where the telecommunications facility is
17to be constructed and the location of all the
18telecommunications facilities within that parcel, and (iv) the
19property index number and common address of the parcel where
20the telecommunications facility is to be located. The notice
21shall not contain any material that appears to be an
22advertisement for the telecommunications carrier or any
23services provided by the telecommunications carrier. The
24notice shall be provided in person, by overnight private
25courier, or by certified mail to all owners of property within
26250 feet of the parcel in which the telecommunications carrier

 

 

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1has a leasehold or ownership interest. For the purposes of this
2notice requirement, "owners" means those persons or entities
3identified from the authentic tax records of the county in
4which the telecommunications facility is to be located. If,
5after a bona fide effort by the telecommunications carrier to
6determine the owner and his or her address, the owner of the
7property on whom the notice must be served cannot be found at
8the owner's last known address, or if the mailed notice is
9returned because the owner cannot be found at the last known
10address, the notice requirement of this paragraph is deemed
11satisfied.
12(Source: P.A. 95-815, eff. 8-13-08; 96-696, eff. 1-1-10.)
 
13    Section 10. The Illinois Municipal Code is amended by
14changing Section 11-13-1 as follows:
 
15    (65 ILCS 5/11-13-1)  (from Ch. 24, par. 11-13-1)
16    Sec. 11-13-1. To the end that adequate light, pure air, and
17safety from fire and other dangers may be secured, that the
18taxable value of land and buildings throughout the municipality
19may be conserved, that congestion in the public streets may be
20lessened or avoided, that the hazards to persons and damage to
21property resulting from the accumulation or runoff of storm or
22flood waters may be lessened or avoided, and that the public
23health, safety, comfort, morals, and welfare may otherwise be
24promoted, and to insure and facilitate the preservation of

 

 

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1sites, areas, and structures of historical, architectural and
2aesthetic importance; the corporate authorities in each
3municipality have the following powers:
4        (1) to regulate and limit the height and bulk of
5    buildings hereafter to be erected;
6        (2) to establish, regulate and limit, subject to the
7    provisions of Division 14 of this Article 11, the building
8    or set-back lines on or along any street, traffic-way,
9    drive, parkway or storm or floodwater runoff channel or
10    basin;
11        (3) to regulate and limit the intensity of the use of
12    lot areas, and to regulate and determine the area of open
13    spaces, within and surrounding such buildings;
14        (4) to classify, regulate and restrict the location of
15    trades and industries and the location of buildings
16    designed for specified industrial, business, residential,
17    and other uses;
18        (5) to divide the entire municipality into districts of
19    such number, shape, area, and of such different classes
20    (according to use of land and buildings, height and bulk of
21    buildings, intensity of the use of lot area, area of open
22    spaces, or other classification) as may be deemed best
23    suited to carry out the purposes of this Division 13;
24        (6) to fix standards to which buildings or structures
25    therein shall conform;
26        (7) to prohibit uses, buildings, or structures

 

 

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1    incompatible with the character of such districts;
2        (8) to prevent additions to and alteration or
3    remodeling of existing buildings or structures in such a
4    way as to avoid the restrictions and limitations lawfully
5    imposed under this Division 13;
6        (9) to classify, to regulate and restrict the use of
7    property on the basis of family relationship, which family
8    relationship may be defined as one or more persons each
9    related to the other by blood, marriage or adoption and
10    maintaining a common household;
11        (10) to regulate or forbid any structure or activity
12    which may hinder access to solar energy necessary for the
13    proper functioning of a solar energy system, as defined in
14    Section 1.2 of the Comprehensive Solar Energy Act of 1977;
15        (11) to require the creation and preservation of
16    affordable housing, including the power to provide
17    increased density or other zoning incentives to developers
18    who are creating, establishing, or preserving affordable
19    housing; and
20        (12) to establish local standards solely for the review
21    of the exterior design of buildings and structures,
22    excluding utility facilities and outdoor off-premises
23    advertising signs, and designate a board or commission to
24    implement the review process; except that, other than
25    reasonable restrictions as to size, no home rule or
26    non-home rule municipality may prohibit the display of

 

 

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1    outdoor political campaign signs on residential property
2    during any period of time, the regulation of these signs
3    being a power and function of the State and, therefor, this
4    item (12) is a denial and limitation of concurrent home
5    rule powers and functions under subsection (i) of Section 6
6    of Article VII of the Illinois Constitution.
7    The powers enumerated may be exercised within the corporate
8limits or within contiguous territory not more than one and
9one-half miles beyond the corporate limits and not included
10within any municipality. However, if any municipality adopts a
11plan pursuant to Division 12 of Article 11 which plan includes
12in its provisions a provision that the plan applies to such
13contiguous territory not more than one and one-half miles
14beyond the corporate limits and not included in any
15municipality, then no other municipality shall adopt a plan
16that shall apply to any territory included within the territory
17provided in the plan first so adopted by another municipality.
18No municipality shall exercise any power set forth in this
19Division 13 outside the corporate limits thereof, if the county
20in which such municipality is situated has adopted "An Act in
21relation to county zoning", approved June 12, 1935, as amended.
22Nothing in this Section prevents a municipality of more than
23112,000 population located in a county of less than 185,000
24population that has adopted a zoning ordinance and the county
25that adopted the zoning ordinance from entering into an
26intergovernmental agreement that allows the municipality to

 

 

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1exercise its zoning powers beyond its territorial limits;
2provided, however, that the intergovernmental agreement must
3be limited to the territory within the municipality's planning
4jurisdiction as defined by law or any existing boundary
5agreement. The county and the municipality must amend their
6individual zoning maps in the same manner as other zoning
7changes are incorporated into revised zoning maps. No such
8intergovernmental agreement may authorize a municipality to
9exercise its zoning powers, other than powers that a county may
10exercise under Section 5-12001 of the Counties Code, with
11respect to land used for agricultural purposes. This amendatory
12Act of the 92nd General Assembly is declarative of existing
13law. No municipality may exercise any power set forth in this
14Division 13 outside the corporate limits of the municipality
15with respect to a facility of a telecommunications carrier
16defined in Section 5-12001.1 of the Counties Code.
17    Notwithstanding any other provision of law to the contrary,
18at least 30 days prior to the issuance of any permits for
19commencing construction of a new telecommunications facility
20within 1.5 miles of a municipality, the telecommunications
21carrier constructing the facility shall provide written notice
22of its intent to construct the facility. The notice shall
23include, but not be limited to, the following information: (i)
24the name, address, and telephone number of the company
25responsible for the construction of the facility, and (ii) the
26address and telephone number of the governmental entity that is

 

 

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1to issue issued the building permit for the telecommunications
2facility, (iii) a site plan and site map of sufficient
3specificity to indicate both the location of the parcel where
4the telecommunications facility is to be constructed and the
5location of all the telecommunications facilities within that
6parcel, and (iv) the property index number and common address
7of the parcel where the telecommunications facility is to be
8located. The notice shall not contain any material that appears
9to be an advertisement for the telecommunications carrier or
10any services provided by the telecommunications carrier. The
11notice shall be provided in person, by overnight private
12courier, or by certified mail to all owners of property within
13250 feet of the parcel in which the telecommunications carrier
14has a leasehold or ownership interest. For the purposes of this
15notice requirement, "owners" means those persons or entities
16identified from the authentic tax records of the county in
17which the telecommunications facility is to be located. If,
18after a bona fide effort by the telecommunications carrier to
19determine the owner and his or her address, the owner of the
20property on whom the notice must be served cannot be found at
21the owner's last known address, or if the mailed notice is
22returned because the owner cannot be found at the last known
23address, the notice requirement of this paragraph is deemed
24satisfied. For the purposes of this paragraph, "facility" means
25that term as it is defined in Section 5-12001.1 of the Counties
26Code.

 

 

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1    When regulating the placement of a telecommunications
2support structure, a municipality may not:
3        (1) regulate the placement of an antenna or related
4    equipment for an existing support structure; except that if
5    the placement of an antenna on an existing support
6    structure requires an extension, the placement may be
7    regulated if the extension would require the support
8    structure to have lighting as required by federal law; if a
9    co-location occurs, the co-location may not be considered
10    an expansion, and the municipality may not impose
11    additional costs or operating restrictions on the
12    applicant for the co-location unless the support structure
13    is owned by the municipality;
14        (2) require the applicant to provide justification for
15    radio frequency need; or
16        (3) prohibit the provision of personal wireless
17    services.
18    For the purposes of this Section, "co-location" means a
19tower shared by 2 or more wireless communications providers.
20    If a municipality adopts a zoning plan covering an area
21outside its corporate limits, the plan adopted shall be
22reasonable with respect to the area outside the corporate
23limits so that future development will not be hindered or
24impaired; it is reasonable for a municipality to regulate or
25prohibit the extraction of sand, gravel, or limestone even when
26those activities are related to an agricultural purpose. If all

 

 

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1or any part of the area outside the corporate limits of a
2municipality which has been zoned in accordance with the
3provisions of this Division 13 is annexed to another
4municipality or municipalities, the annexing unit shall
5thereafter exercise all zoning powers and regulations over the
6annexed area.
7    In all ordinances passed under the authority of this
8Division 13, due allowance shall be made for existing
9conditions, the conservation of property values, the direction
10of building development to the best advantage of the entire
11municipality and the uses to which the property is devoted at
12the time of the enactment of such an ordinance. The powers
13conferred by this Division 13 shall not be exercised so as to
14deprive the owner of any existing property of its use or
15maintenance for the purpose to which it is then lawfully
16devoted, but provisions may be made for the gradual elimination
17of uses, buildings and structures which are incompatible with
18the character of the districts in which they are made or
19located, including, without being limited thereto, provisions
20(a) for the elimination of such uses of unimproved lands or lot
21areas when the existing rights of the persons in possession
22thereof are terminated or when the uses to which they are
23devoted are discontinued; (b) for the elimination of uses to
24which such buildings and structures are devoted, if they are
25adaptable for permitted uses; and (c) for the elimination of
26such buildings and structures when they are destroyed or

 

 

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1damaged in major part, or when they have reached the age fixed
2by the corporate authorities of the municipality as the normal
3useful life of such buildings or structures.
4    This amendatory Act of 1971 does not apply to any
5municipality which is a home rule unit, except as provided in
6item (12).
7(Source: P.A. 95-475, eff. 1-1-08; 96-904, eff. 1-1-11.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".