State of Illinois
92nd General Assembly
Legislation

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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 only
17    be exercised as to the extent and in the manner set forth  in
18    Divisions  5-12  and  5-13  of  Article  5  of this Code this
19    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
 
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 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
 
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 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  consider  the  following
28    guidelines:
29             (1)  No building or tower that is part of a facility
30        shall   should   encroach   onto  any  recorded  easement
31        prohibiting the encroachment unless the grantees  of  the
32        easement have given their approval.
33             (2)  Lighting shall should be 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        should be shielded so that no glare extends substantially
 3        beyond the boundaries of a facility.
 4             (3)  No  facility  shall  should  encroach  onto  an
 5        existing septic field.
 6             (4)  Any facility located in a special flood  hazard
 7        area  or wetland shall should meet the legal requirements
 8        for those lands.
 9             (5)  Existing trees more than 3 inches  in  diameter
10        shall  should  be 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,   adjoining   residential   use   or  within  a
19        residential zoning district, low maintenance  landscaping
20        shall  should  be 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 should be 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  should  be  installed  around a
28        facility.  The height and materials of the fencing  shall
29        should be 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 should be
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   all
 3    facilities  established in any county jurisdiction area after
 4    the effective date of the amendatory Act of 1997:
 5             (1)  Except as provided in this Section, no yard  or
 6        set  back regulations shall apply to or be required for a
 7        facility.
 8             (2)  A facility may be located on  the  same  zoning
 9        lot  as  one  or  more  other  structures or uses without
10        violating any ordinance or regulation that  prohibits  or
11        limits  multiple  structures,  buildings,  or  uses  on a
12        zoning lot.
13             (3)  No minimum lot area, width, or depth  shall  be
14        required for a facility, and unless the facility is to be
15        manned  on  a regular, daily basis, no off-street parking
16        spaces shall be required for a facility.  If the facility
17        is to be manned on a regular, daily basis, one off-street
18        parking  space  shall  be  provided  for  each   employee
19        regularly  at  the  facility.   No loading facilities are
20        required.
21             (4)  No portion of a facility's supporting structure
22        or equipment housing shall be less than 15 feet from  the
23        front  lot  line of the facility lot or less than 10 feet
24        from any other lot line.
25             (5)  No bulk regulations or lot  coverage,  building
26        coverage,  or  floor  area  ratio  limitations  shall  be
27        applied to a facility or to any existing use or structure
28        coincident  with the establishment of a facility.  Except
29        as  provided  in  this  Section,  no  height  limits   or
30        restrictions shall apply to a facility.
31             (6)  A   county's   review   of  a  building  permit
32        application for a facility shall be completed  within  30
33        days.   If  a decision of the county board is required to
34        permit the establishment  of  a  facility,  the  county's
 
                            -7-                LRB9214137BDdv
 1        review  of the application shall be simultaneous with the
 2        process leading to the county board's decision.
 3             (7)  The improvements and equipment  comprising  the
 4        facility  may  be wholly or partly freestanding or wholly
 5        or partly attached to, enclosed in, or installed in or on
 6        a structure or structures.
 7             (8)  Any  public  hearing  authorized   under   this
 8        Section  shall be conducted in a manner determined by the
 9        county board.  Notice of any such public hearing shall be
10        published at least  15  days  before  the  hearing  in  a
11        newspaper of general circulation published in the county.
12             (9)  Any decision regarding a facility by the county
13        board  or  a county agency or official shall be supported
14        by written findings of fact.   The  circuit  court  shall
15        have  jurisdiction  to  review  the reasonableness of any
16        adverse decision and the plaintiff shall bear the  burden
17        of  proof,  but  there  shall  be  no  presumption of the
18        validity of the decision.
19        (g)  The  following  provisions  shall   apply   to   all
20    facilities  established  after  the  effective  date  of this
21    amendatory Act of 1997 in the county jurisdiction area of any
22    county with a population of less than 180,000:
23             (1)  A  facility  is  permitted  if  its  supporting
24        structure is a qualifying structure or  if  both  of  the
25        following conditions are met:
26                  (A)  the  height  of  the  facility  shall  not
27             exceed  200  feet,  except  that  if  a  facility is
28             located more than one and one-half  miles  from  the
29             corporate   limits   of   any  municipality  with  a
30             population of 25,000  or  more  the  height  of  the
31             facility shall not exceed 350 feet; and
32                  (B)  the  horizontal separation distance to the
33             nearest principal residential building shall not  be
34             less  than  the  height of the supporting structure;
 
                            -8-                LRB9214137BDdv
 1             except that if the supporting structure  exceeds  99
 2             feet  in  height, the horizontal separation distance
 3             to the nearest principal residential building  shall
 4             be  at  least  100  feet or 80% of the height of the
 5             supporting   structure,   whichever   is    greater.
 6             Compliance   with   this  paragraph  shall  only  be
 7             evaluated as of the  time  that  a  building  permit
 8             application  for  the facility is submitted.  If the
 9             supporting structure is not an  antenna  tower  this
10             paragraph is satisfied.
11             (2)  Unless  a facility is permitted under paragraph
12        (1) of this subsection (g), a facility can be established
13        only after the county board gives its approval  following
14        consideration  of the provisions of paragraph (3) of this
15        subsection (g).  The county board may give  its  approval
16        after one public hearing on the proposal, but only by the
17        favorable  vote of a majority of the members present at a
18        meeting held no later than 75 days after submission of  a
19        complete  application  by the telecommunications carrier.
20        If the county board  fails  to  act  on  the  application
21        within  75  days  after  its  submission, the application
22        shall be deemed to have been approved.  No more than  one
23        public hearing shall be required.
24             (3)  For   purposes   of   paragraph   (2)  of  this
25        subsection (g), the following siting considerations,  but
26        no  other matter, shall be considered by the county board
27        or any other body conducting the public hearing:
28                  (A)  the criteria in  subsection  (d)  of  this
29             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;
 
                            -9-                LRB9214137BDdv
 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  is
20    permitted in any zoning district subject to the following:
21             (1)  A  facility shall not be located on a lot under
22        paragraph (4) of subsection (d)  unless  a  variation  is
23        granted  by  the county board under paragraph (4) of this
24        subsection (h).
25             (2)  Unless a height variation  is  granted  by  the
26        county  board,  the height of a facility shall not exceed
27        75 feet if the facility will be located in a  residential
28        zoning  district  or  200  feet  if  the facility will be
29        located in a non-residential zoning  district.   However,
30        the  height  of a facility may exceed the height limit in
31        this  paragraph,  and  no  height  variation   shall   be
32        required,  if  the  supporting  structure is a qualifying
33        structure.
34             (3)  The improvements and equipment of the  facility
 
                            -10-               LRB9214137BDdv
 1        shall  be  placed to comply with the requirements of this
 2        paragraph at the time a building permit  application  for
 3        the  facility  is submitted.  If the supporting structure
 4        is an antenna tower other  than  a  qualifying  structure
 5        then (i) if the facility will be located in a residential
 6        zoning  district  the  lot  line set back distance to the
 7        nearest residentially zoned lot shall be at least 50%  of
 8        the height of the facility's supporting structure or (ii)
 9        if  the  facility  will  be  located in a non-residential
10        zoning district the horizontal separation distance to the
11        nearest principal residential building shall be at  least
12        equal   to   the  height  of  the  facility's  supporting
13        structure.
14             (4)  The county board may grant variations  for  any
15        of  the regulations, conditions, and restrictions of this
16        subsection (h), after one public hearing on the  proposed
17        variations,  by  a  favorable  vote  of a majority of the
18        members present at a meeting held no later than  75  days
19        after    submission    of    an    application   by   the
20        telecommunications carrier.  If the county board fails to
21        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 the
25        public hearing, shall  consider  the  following,  and  no
26        other matters:
27                  (A)  whether,   but   for  the  granting  of  a
28             variation, the service that  the  telecommunications
29             carrier   seeks  to  enhance  or  provide  with  the
30             proposed facility will be less available,  impaired,
31             or  diminished  in  quality,  quantity,  or scope of
32             coverage;
33                  (B)  whether  the  conditions  upon  which  the
34             application for variations is based  are  unique  in
 
                            -11-               LRB9214137BDdv
 1             some   respect   or,  if  not,  whether  the  strict
 2             application of the regulations  would  result  in  a
 3             hardship on the telecommunications carrier;
 4                  (C)  whether  a  substantial  adverse effect on
 5             public safety will result from some  aspect  of  the
 6             facility's design or proposed construction, but only
 7             if   that   aspect  of  design  or  construction  is
 8             modifiable by the applicant;
 9                  (D)  whether there are benefits to  be  derived
10             by  the  users  of  the  services  to be provided or
11             enhanced by the facility and whether  public  safety
12             and emergency response capabilities would benefit by
13             the establishment of the facility; and
14                  (E)  the  extent  to  which  the  design of the
15             proposed   facility   reflects    compliance    with
16             subsection (e) of this Section.
17        No more than one public hearing shall be required.
18             (5)  On  judicial review of an adverse decision, the
19        issue shall be the reasonableness of the  county  board's
20        decision  in  light  of  the  evidence  presented and the
21        well-reasoned recommendations  of  any  other  body  that
22        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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