HB2974enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12001.1 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
17incorporated towns that have municipal zoning ordinances in
18effect. The power shall only be exercised to the extent and in
19the manner set forth in this Section.
20    (b) The provisions of this Section shall not abridge any
21rights created by or authority confirmed in the federal
22Telecommunications Act of 1996, P.L. 104-104.
23    (c) As used in this Section, unless the context otherwise

 

 

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1requires:
2        (1) "county jurisdiction area" means those portions of
3    a county that lie outside the corporate limits of cities,
4    villages, and incorporated towns that have municipal
5    zoning ordinances in effect;
6        (2) "county board" means the county board or board of
7    county commissioners of any county;
8        (3) "residential zoning district" means a zoning
9    district that is designated under a county zoning ordinance
10    and is zoned predominantly for residential uses;
11        (4) "non-residential zoning district" means the county
12    jurisdiction area of a county, except for those portions
13    within a residential zoning district;
14        (5) "residentially zoned lot" means a zoning lot in a
15    residential zoning district;
16        (6) "non-residentially zoned lot" means a zoning lot in
17    a non-residential zoning district;
18        (7) "telecommunications carrier" means a
19    telecommunications carrier as defined in the Public
20    Utilities Act as of January 1, 1997;
21        (8) "facility" means that part of the signal
22    distribution system used or operated by a
23    telecommunications carrier or AM broadcast station under a
24    license from the FCC consisting of a combination of
25    improvements and equipment including (i) one or more
26    antennas, (ii) a supporting structure and the hardware by

 

 

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

 

 

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

 

 

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1    zoned lot. If there is no common lot line, the measurement
2    shall be made to the nearest point on the lot line of the
3    nearest residentially zoned lot without deducting the
4    width of any intervening right of way; and
5        (20) "AM broadcast station" means a facility and one or
6    more towers for the purpose of transmitting communication
7    in the 540 kHz to 1700 kHz band for public reception
8    authorized by the FCC.
9    (d) In choosing a location for a facility, a
10telecommunications carrier or AM broadcast station shall
11consider the following:
12        (1) A non-residentially zoned lot is the most desirable
13    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 more
18    in size and is used for residential purposes is the third
19    most desirable location.
20        (4) A residentially zoned lot that is less than 2 acres
21    in size and is used for residential purposes is the least
22    desirable location.
23    The size of a lot shall be the lot's gross area in square
24feet without deduction of any unbuildable or unusable land, any
25roadway, or any other easement.
26    (e) In designing a facility, a telecommunications carrier

 

 

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1or AM broadcast station shall consider the following
2guidelines:
3        (1) No building or tower that is part of a facility
4    should encroach onto any recorded easement prohibiting the
5    encroachment unless the grantees of the easement have given
6    their approval.
7        (2) Lighting should be installed for security and
8    safety purposes only. Except with respect to lighting
9    required by the FCC or FAA, all lighting should be shielded
10    so that no glare extends substantially beyond the
11    boundaries of a facility.
12        (3) No facility should encroach onto an existing septic
13    field.
14        (4) Any facility located in a special flood hazard area
15    or wetland should meet the legal requirements for those
16    lands.
17        (5) Existing trees more than 3 inches in diameter
18    should be preserved if reasonably feasible during
19    construction. If any tree more than 3 inches in diameter is
20    removed during construction a tree 3 inches or more in
21    diameter of the same or a similar species shall be planted
22    as a replacement if reasonably feasible. Tree diameter
23    shall be measured at a point 3 feet above ground level.
24        (6) If any elevation of a facility faces an existing,
25    adjoining residential use within a residential zoning
26    district, low maintenance landscaping should be provided

 

 

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1    on or near the facility lot to provide at least partial
2    screening of the facility. The quantity and type of that
3    landscaping should be in accordance with any county
4    landscaping regulations of general applicability, except
5    that paragraph (5) of this subsection (e) shall control
6    over any tree-related regulations imposing a greater
7    burden.
8        (7) Fencing should be installed around a facility. The
9    height and materials of the fencing should be in accordance
10    with any county fence regulations of general
11    applicability.
12        (8) Any building that is part of a facility located
13    adjacent to a residentially zoned lot should be designed
14    with exterior materials and colors that are reasonably
15    compatible with the residential character of the area.
16    (f) The following provisions shall apply to all facilities
17established in any county jurisdiction area (i) after the
18effective date of the amendatory Act of 1997 with respect to
19telecommunications carriers and (ii) after the effective date
20of this amendatory Act of the 94th General Assembly with
21respect to AM broadcast stations:
22        (1) Except as provided in this Section, no yard or set
23    back regulations shall apply to or be required for a
24    facility.
25        (2) A facility may be located on the same zoning lot as
26    one or more other structures or uses without violating any

 

 

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1    ordinance or regulation that prohibits or limits multiple
2    structures, buildings, or uses on a zoning lot.
3        (3) No minimum lot area, width, or depth shall be
4    required for a facility, and unless the facility is to be
5    manned on a regular, daily basis, no off-street parking
6    spaces shall be required for a facility. If the facility is
7    to be manned on a regular, daily basis, one off-street
8    parking space shall be provided for each employee regularly
9    at the facility. No loading facilities are required.
10        (4) No portion of a facility's supporting structure or
11    equipment housing shall be less than 15 feet from the front
12    lot line of the facility lot or less than 10 feet from any
13    other lot line.
14        (5) No bulk regulations or lot coverage, building
15    coverage, or floor area ratio limitations shall be applied
16    to a facility or to any existing use or structure
17    coincident with the establishment of a facility. Except as
18    provided in this Section, no height limits or restrictions
19    shall apply to a facility.
20        (6) A county's review of a building permit application
21    for a facility shall be completed within 30 days. If a
22    decision of the county board is required to permit the
23    establishment of a facility, the county's review of the
24    application shall be simultaneous with the process leading
25    to the county board's decision.
26        (7) The improvements and equipment comprising the

 

 

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1    facility may be wholly or partly freestanding or wholly or
2    partly attached to, enclosed in, or installed in or on a
3    structure or structures.
4        (8) Any public hearing authorized under this Section
5    shall be conducted in a manner determined by the county
6    board. Notice of any such public hearing shall be published
7    at least 15 days before the hearing in a newspaper of
8    general circulation published in the county. Notice of any
9    such public hearing shall also be sent by certified mail at
10    least 15 days prior to the hearing to the owners of record
11    of all residential property that is adjacent to the lot
12    upon which the facility is proposed to be sited.
13        (9) Any decision regarding a facility by the county
14    board or a county agency or official shall be supported by
15    written findings of fact. The circuit court shall have
16    jurisdiction to review the reasonableness of any adverse
17    decision and the plaintiff shall bear the burden of proof,
18    but there shall be no presumption of the validity of the
19    decision.
20    (g) The following provisions shall apply to all facilities
21established (i) after the effective date of this amendatory Act
22of 1997 with respect to telecommunications carriers and (ii)
23after the effective date of this amendatory Act of the 94th
24General Assembly with respect to AM broadcast stations in the
25county jurisdiction area of any county with a population of
26less than 180,000:

 

 

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1        (1) A facility is permitted if its supporting structure
2    is a qualifying structure or if both of the following
3    conditions are met:
4            (A) the height of the facility shall not exceed 200
5        feet, except that if a facility is located more than
6        one and one-half miles from the corporate limits of any
7        municipality with a population of 25,000 or more the
8        height of the facility shall not exceed 350 feet; and
9            (B) the horizontal separation distance to the
10        nearest principal residential building shall not be
11        less than the height of the supporting structure;
12        except that if the supporting structure exceeds 99 feet
13        in height, the horizontal separation distance to the
14        nearest principal residential building shall be at
15        least 100 feet or 80% of the height of the supporting
16        structure, whichever is greater. Compliance with this
17        paragraph shall only be evaluated as of the time that a
18        building permit application for the facility is
19        submitted. If the supporting structure is not an
20        antenna tower this paragraph is satisfied.
21        (2) Unless a facility is permitted under paragraph (1)
22    of this subsection (g), a facility can be established only
23    after the county board gives its approval following
24    consideration of the provisions of paragraph (3) of this
25    subsection (g). The county board may give its approval
26    after one public hearing on the proposal, but only by the

 

 

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1    favorable vote of a majority of the members present at a
2    meeting held no later than 75 days after submission of a
3    complete application by the telecommunications carrier. If
4    the county board fails to act on the application within 75
5    days after its submission, the application shall be deemed
6    to have been approved. No more than one public hearing
7    shall be required.
8        (3) For purposes of paragraph (2) of this subsection
9    (g), the following siting considerations, but no other
10    matter, shall be considered by the county board or any
11    other body conducting the public hearing:
12            (A) the criteria in subsection (d) of this Section;
13            (B) whether a substantial adverse effect on public
14        safety will result from some aspect of the facility's
15        design or proposed construction, but only if that
16        aspect of design or construction is modifiable by the
17        applicant;
18            (C) the benefits to be derived by the users of the
19        services to be provided or enhanced by the facility and
20        whether public safety and emergency response
21        capabilities would benefit by the establishment of the
22        facility;
23            (D) the existing uses on adjacent and nearby
24        properties; and
25            (E) the extent to which the design of the proposed
26        facility reflects compliance with subsection (e) of

 

 

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1        this Section.
2        (4) On judicial review of an adverse decision, the
3    issue shall be the reasonableness of the county board's
4    decision in light of the evidence presented on the siting
5    considerations and the well-reasoned recommendations of
6    any other body that conducts the public hearing.
7    (h) The following provisions shall apply to all facilities
8established after the effective date of this amendatory Act of
91997 in the county jurisdiction area of any county with a
10population of 180,000 or more. A facility is permitted in any
11zoning district subject to the following:
12        (1) A facility shall not be located on a lot under
13    paragraph (4) of subsection (d) unless a variation is
14    granted by the county board under paragraph (4) of this
15    subsection (h).
16        (2) Unless a height variation is granted by the county
17    board, the height of a facility shall not exceed 75 feet if
18    the facility will be located in a residential zoning
19    district or 200 feet if the facility will be located in a
20    non-residential zoning district. However, the height of a
21    facility may exceed the height limit in this paragraph, and
22    no height variation shall be required, if the supporting
23    structure is a qualifying structure.
24        (3) The improvements and equipment of the facility
25    shall be placed to comply with the requirements of this
26    paragraph at the time a building permit application for the

 

 

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

 

 

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

 

 

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1    conducted the public hearing.
2    (i) Notwithstanding any other provision of law to the
3contrary, 30 days prior to the issuance of any permits for a
4new telecommunications facility within a county, the
5telecommunications carrier constructing the facility shall
6provide written notice of its intent to construct the facility.
7The notice shall include, but not be limited to, the following
8information: (i) the name, address, and telephone number of the
9company responsible for the construction of the facility, (ii)
10the address and telephone number of the governmental entity
11that is to issue the building permit for the telecommunications
12facility, (iii) a site plan and site map of sufficient
13specificity to indicate both the location of the parcel where
14the telecommunications facility is to be constructed and the
15location of all the telecommunications facilities within that
16parcel, and (iv) the property index number and common address
17of the parcel where the telecommunications facility is to be
18located. The notice shall not contain any material that appears
19to be an advertisement for the telecommunications carrier or
20any services provided by the telecommunications carrier. The
21notice shall be provided in person, by overnight private
22courier, or by certified mail to all owners of property within
23250 feet of the parcel in which the telecommunications carrier
24has a leasehold or ownership interest. For the purposes of this
25notice requirement, "owners" means those persons or entities
26identified from the authentic tax records of the county in

 

 

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

 

 

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

 

 

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

 

 

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1    item (12) is a denial and limitation of concurrent home
2    rule powers and functions under subsection (i) of Section 6
3    of Article VII of the Illinois Constitution.
4    The powers enumerated may be exercised within the corporate
5limits or within contiguous territory not more than one and
6one-half miles beyond the corporate limits and not included
7within any municipality. However, if any municipality adopts a
8plan pursuant to Division 12 of Article 11 which plan includes
9in its provisions a provision that the plan applies to such
10contiguous territory not more than one and one-half miles
11beyond the corporate limits and not included in any
12municipality, then no other municipality shall adopt a plan
13that shall apply to any territory included within the territory
14provided in the plan first so adopted by another municipality.
15No municipality shall exercise any power set forth in this
16Division 13 outside the corporate limits thereof, if the county
17in which such municipality is situated has adopted "An Act in
18relation to county zoning", approved June 12, 1935, as amended.
19Nothing in this Section prevents a municipality of more than
20112,000 population located in a county of less than 185,000
21population that has adopted a zoning ordinance and the county
22that adopted the zoning ordinance from entering into an
23intergovernmental agreement that allows the municipality to
24exercise its zoning powers beyond its territorial limits;
25provided, however, that the intergovernmental agreement must
26be limited to the territory within the municipality's planning

 

 

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

 

 

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1the telecommunications facility is to be constructed and the
2location of all the telecommunications facilities within that
3parcel, and (iv) the property index number and common address
4of the parcel where the telecommunications facility is to be
5located. The notice shall not contain any material that appears
6to be an advertisement for the telecommunications carrier or
7any services provided by the telecommunications carrier. The
8notice shall be provided in person, by overnight private
9courier, or by certified mail to all owners of property within
10250 feet of the parcel in which the telecommunications carrier
11has a leasehold or ownership interest. For the purposes of this
12notice requirement, "owners" means those persons or entities
13identified from the authentic tax records of the county in
14which the telecommunications facility is to be located. If,
15after a bona fide effort by the telecommunications carrier to
16determine the owner and his or her address, the owner of the
17property on whom the notice must be served cannot be found at
18the owner's last known address, or if the mailed notice is
19returned because the owner cannot be found at the last known
20address, the notice requirement of this paragraph is deemed
21satisfied. For the purposes of this paragraph, "facility" means
22that term as it is defined in Section 5-12001.1 of the Counties
23Code.
24    If a municipality adopts a zoning plan covering an area
25outside its corporate limits, the plan adopted shall be
26reasonable with respect to the area outside the corporate

 

 

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

 

 

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1devoted are discontinued; (b) for the elimination of uses to
2which such buildings and structures are devoted, if they are
3adaptable for permitted uses; and (c) for the elimination of
4such buildings and structures when they are destroyed or
5damaged in major part, or when they have reached the age fixed
6by the corporate authorities of the municipality as the normal
7useful life of such buildings or structures.
8    This amendatory Act of 1971 does not apply to any
9municipality which is a home rule unit, except as provided in
10item (12).
11(Source: P.A. 95-475, eff. 1-1-08; 96-904, eff. 1-1-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.