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92_HB4171 LRB9214137BDdv 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 only17 be exercised as to the extent and in the mannerset forth in 18 Divisions 5-12 and 5-13 of Article 5 of this Code this19 Section. 20 (b) The provisions of this Section shall not abridge any 21 rights created by or authority confirmed in the federal 22 Telecommunications Act of 1996, P.L. 104-104. 23 (c) As used in this Section, unless the context 24 otherwise requires: 25 (1) "county jurisdiction area" means those portions 26 of a county that lie outside the corporate limits of 27 cities, villages, and incorporated towns that have 28 municipal zoning ordinances in effect; 29 (2) "county board" means the county board or board 30 of county commissioners of any county; 31 (3) "residential zoning district" means a zoning -2- LRB9214137BDdv 1 district that is designated under a county zoning 2 ordinance and is zoned predominantly for residential 3 uses; 4 (4) "non-residential zoning district" means the 5 county jurisdiction area of a county, except for those 6 portions within a residential zoning district; 7 (5) "residentially zoned lot" means a zoning lot in 8 a residential zoning district; 9 (6) "non-residentially zoned lot" means a zoning 10 lot in a non-residential zoning district; 11 (7) "telecommunications carrier" means a 12 telecommunications carrier as defined in the Public 13 Utilities Act as of January 1, 1997; 14 (8) "facility" means that part of the signal 15 distribution system used or operated by a 16 telecommunications carrier under a license from the FCC 17 consisting of a combination of improvements and equipment 18 including (i) one or more antennas, (ii) a supporting 19 structure and the hardware by which antennas are 20 attached; (iii) equipment housing; and (iv) ancillary 21 equipment such as signal transmission cables and 22 miscellaneous hardware; 23 (9) "FAA" means the Federal Aviation Administration 24 of the United States Department of Transportation; 25 (10) "FCC" means the Federal Communications 26 Commission; 27 (11) "antenna" means an antenna device by which 28 radio signals are transmitted, received, or both; 29 (12) "supporting structure" means a structure, 30 whether an antenna tower or another type of structure, 31 that supports one or more antennas as part of a facility; 32 (13) "qualifying structure" means a supporting 33 structure that is (i) an existing structure, if the 34 height of the facility, including the structure, is not -3- LRB9214137BDdv 1 more than 15 feet higher than the structure just before 2 the facility is installed, or (ii) a substantially 3 similar, substantially same-location replacement of an 4 existing structure, if the height of the facility, 5 including the replacement structure, is not more than 15 6 feet higher than the height of the existing structure 7 just before the facility is installed; 8 (14) "equipment housing" means a combination of one 9 or more equipment buildings or enclosures housing 10 equipment that operates in conjunction with the antennas 11 of a facility, and the equipment itself; 12 (15) "height" of a facility means the total height 13 of the facility's supporting structure and any antennas 14 that will extend above the top of the supporting 15 structure; however, if the supporting structure's 16 foundation extends more than 3 feet above the uppermost 17 ground level along the perimeter of the foundation, then 18 each full foot in excess of 3 feet shall be counted as an 19 additional foot of facility height. The height of a 20 facility's supporting structure is to be measured from 21 the highest point of the supporting structure's 22 foundation; 23 (16) "facility lot" means the zoning lot on which a 24 facility is or will be located; 25 (17) "principal residential building" has its 26 common meaning but shall not include any building under 27 the same ownership as the land of the facility lot. 28 "Principal residential building" shall not include any 29 structure that is not designed for human habitation; 30 (18) "horizontal separation distance" means the 31 distance measured from the center of the base of the 32 facility's supporting structure to the point where the 33 ground meets a vertical wall of a principal residential 34 building; and -4- LRB9214137BDdv 1 (19) "lot line set back distance" means the 2 distance measured from the center of the base of the 3 facility's supporting structure to the nearest point on 4 the common lot line between the facility lot and the 5 nearest residentially zoned lot. If there is no common 6 lot line, the measurement shall be made to the nearest 7 point on the lot line of the nearest residentially zoned 8 lot without deducting the width of any intervening right 9 of way. 10 (d) In choosing a location for a facility, a 11 telecommunications carrier shall consider the following: 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 at a minimum abide by considerthe following 28 guidelines: 29 (1) No building or tower that is part of a facility 30 shall shouldencroach onto any recorded easement 31 prohibiting the encroachment unless the grantees of the 32 easement have given their approval. 33 (2) Lighting shall shouldbe installed for security 34 and safety purposes only. Except with respect to -5- LRB9214137BDdv 1 lighting required by the FCC or FAA, all lighting shall 2 shouldbe shielded so that no glare extends substantially 3 beyond the boundaries of a facility. 4 (3) No facility shall shouldencroach onto an 5 existing septic field. 6 (4) Any facility located in a special flood hazard 7 area or wetland shall shouldmeet the legal requirements 8 for those lands. 9 (5) Existing trees more than 3 inches in diameter 10 shall shouldbe preserved if reasonably feasible during 11 construction. If any tree more than 3 inches in diameter 12 is removed during construction a tree 3 inches or more in 13 diameter of the same or a similar species shall be 14 planted as a replacement if reasonably feasible. Tree 15 diameter shall be measured at a point 3 feet above ground 16 level. 17 (6) If any elevation of a facility faces an 18 existing , adjoiningresidential use or withina 19 residential zoning district, low maintenance landscaping 20 shall shouldbe provided on or near the facility lot to 21 provide at least partial screening of the facility. The 22 quantity and type of that landscaping shall shouldbe in 23 accordance with any county landscaping regulations of 24 general applicability, except that paragraph (5) of this 25 subsection (e) shall control over any tree-related 26 regulations imposing a greater burden. 27 (7) Fencing shall shouldbe installed around a 28 facility. The height and materials of the fencing shall 29 shouldbe in accordance with any county fence regulations 30 of general applicability. 31 (8) Any building that is part of a facility located 32 adjacent to a residentially zoned lot shall shouldbe 33 designed with exterior materials and colors that are 34 reasonably compatible with the residential character of -6- LRB9214137BDdv 1 the area. 2 (f) The following provisions shall apply to all3 facilities established in any county jurisdiction area after4 the effective date of the amendatory Act of 1997:5 (1) Except as provided in this Section, no yard or6 set back regulations shall apply to or be required for a7 facility.8 (2) A facility may be located on the same zoning9 lot as one or more other structures or uses without10 violating any ordinance or regulation that prohibits or11 limits multiple structures, buildings, or uses on a12 zoning lot.13 (3) No minimum lot area, width, or depth shall be14 required for a facility, and unless the facility is to be15 manned on a regular, daily basis, no off-street parking16 spaces shall be required for a facility. If the facility17 is to be manned on a regular, daily basis, one off-street18 parking space shall be provided for each employee19 regularly at the facility. No loading facilities are20 required.21 (4) No portion of a facility's supporting structure22 or equipment housing shall be less than 15 feet from the23 front lot line of the facility lot or less than 10 feet24 from any other lot line.25 (5) No bulk regulations or lot coverage, building26 coverage, or floor area ratio limitations shall be27 applied to a facility or to any existing use or structure28 coincident with the establishment of a facility. Except29 as provided in this Section, no height limits or30 restrictions shall apply to a facility.31 (6) A county's review of a building permit32 application for a facility shall be completed within 3033 days. If a decision of the county board is required to34 permit the establishment of a facility, the county's-7- LRB9214137BDdv 1 review of the application shall be simultaneous with the2 process leading to the county board's decision.3 (7) The improvements and equipment comprising the4 facility may be wholly or partly freestanding or wholly5 or partly attached to, enclosed in, or installed in or on6 a structure or structures.7 (8) Any public hearing authorized under this8 Section shall be conducted in a manner determined by the9 county board. Notice of any such public hearing shall be10 published at least 15 days before the hearing in a11 newspaper of general circulation published in the county.12 (9) Any decision regarding a facility by the county13 board or a county agency or official shall be supported14 by written findings of fact. The circuit court shall15 have jurisdiction to review the reasonableness of any16 adverse decision and the plaintiff shall bear the burden17 of proof, but there shall be no presumption of the18 validity of the decision.19 (g) The following provisions shall apply to all20 facilities established after the effective date of this21 amendatory Act of 1997 in the county jurisdiction area of any22 county with a population of less than 180,000:23 (1) A facility is permitted if its supporting24 structure is a qualifying structure or if both of the25 following conditions are met:26 (A) the height of the facility shall not27 exceed 200 feet, except that if a facility is28 located more than one and one-half miles from the29 corporate limits of any municipality with a30 population of 25,000 or more the height of the31 facility shall not exceed 350 feet; and32 (B) the horizontal separation distance to the33 nearest principal residential building shall not be34 less than the height of the supporting structure;-8- LRB9214137BDdv 1 except that if the supporting structure exceeds 992 feet in height, the horizontal separation distance3 to the nearest principal residential building shall4 be at least 100 feet or 80% of the height of the5 supporting structure, whichever is greater.6 Compliance with this paragraph shall only be7 evaluated as of the time that a building permit8 application for the facility is submitted. If the9 supporting structure is not an antenna tower this10 paragraph is satisfied.11 (2) Unless a facility is permitted under paragraph12 (1) of this subsection (g), a facility can be established13 only after the county board gives its approval following14 consideration of the provisions of paragraph (3) of this15 subsection (g). The county board may give its approval16 after one public hearing on the proposal, but only by the17 favorable vote of a majority of the members present at a18 meeting held no later than 75 days after submission of a19 complete application by the telecommunications carrier.20 If the county board fails to act on the application21 within 75 days after its submission, the application22 shall be deemed to have been approved. No more than one23 public hearing shall be required.24 (3) For purposes of paragraph (2) of this25 subsection (g), the following siting considerations, but26 no other matter, shall be considered by the county board27 or any other body conducting the public hearing:28 (A) the criteria in subsection (d) of this29 Section;30 (B) whether a substantial adverse effect on31 public safety will result from some aspect of the32 facility's design or proposed construction, but only33 if that aspect of design or construction is34 modifiable by the applicant;-9- LRB9214137BDdv 1 (C) the benefits to be derived by the users of2 the services to be provided or enhanced by the3 facility and whether public safety and emergency4 response capabilities would benefit by the5 establishment of the facility;6 (D) the existing uses on adjacent and nearby7 properties; and8 (E) the extent to which the design of the9 proposed facility reflects compliance with10 subsection (e) of this Section.11 (4) On judicial review of an adverse decision, the12 issue shall be the reasonableness of the county board's13 decision in light of the evidence presented on the siting14 considerations and the well-reasoned recommendations of15 any other body that conducts the public hearing.16 (h) The following provisions shall apply to all17 facilities established after the effective date of this18 amendatory Act of 1997 in the county jurisdiction area of any19 county with a population of 180,000 or more. A facility is20 permitted in any zoning district subject to the following:21 (1) A facility shall not be located on a lot under22 paragraph (4) of subsection (d) unless a variation is23 granted by the county board under paragraph (4) of this24 subsection (h).25 (2) Unless a height variation is granted by the26 county board, the height of a facility shall not exceed27 75 feet if the facility will be located in a residential28 zoning district or 200 feet if the facility will be29 located in a non-residential zoning district. However,30 the height of a facility may exceed the height limit in31 this paragraph, and no height variation shall be32 required, if the supporting structure is a qualifying33 structure.34 (3) The improvements and equipment of the facility-10- LRB9214137BDdv 1 shall be placed to comply with the requirements of this2 paragraph at the time a building permit application for3 the facility is submitted. If the supporting structure4 is an antenna tower other than a qualifying structure5 then (i) if the facility will be located in a residential6 zoning district the lot line set back distance to the7 nearest residentially zoned lot shall be at least 50% of8 the height of the facility's supporting structure or (ii)9 if the facility will be located in a non-residential10 zoning district the horizontal separation distance to the11 nearest principal residential building shall be at least12 equal to the height of the facility's supporting13 structure.14 (4) The county board may grant variations for any15 of the regulations, conditions, and restrictions of this16 subsection (h), after one public hearing on the proposed17 variations, by a favorable vote of a majority of the18 members present at a meeting held no later than 75 days19 after submission of an application by the20 telecommunications carrier. If the county board fails to21 act on the application within 75 days after submission,22 the application shall be deemed to have been approved.23 In its consideration of an application for variations,24 the county board, and any other body conducting the25 public hearing, shall consider the following, and no26 other matters:27 (A) whether, but for the granting of a28 variation, the service that the telecommunications29 carrier seeks to enhance or provide with the30 proposed facility will be less available, impaired,31 or diminished in quality, quantity, or scope of32 coverage;33 (B) whether the conditions upon which the34 application for variations is based are unique in-11- LRB9214137BDdv 1 some respect or, if not, whether the strict2 application of the regulations would result in a3 hardship on the telecommunications carrier;4 (C) whether a substantial adverse effect on5 public safety will result from some aspect of the6 facility's design or proposed construction, but only7 if that aspect of design or construction is8 modifiable by the applicant;9 (D) whether there are benefits to be derived10 by the users of the services to be provided or11 enhanced by the facility and whether public safety12 and emergency response capabilities would benefit by13 the establishment of the facility; and14 (E) the extent to which the design of the15 proposed facility reflects compliance with16 subsection (e) of this Section.17 No more than one public hearing shall be required.18 (5) On judicial review of an adverse decision, the19 issue shall be the reasonableness of the county board's20 decision in light of the evidence presented and the21 well-reasoned recommendations of any other body that22 conducted the public hearing.23 (Source: P.A. 90-522, eff. 1-1-98.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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