95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1351

 

Introduced 2/9/2007, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12001.1

    Amends the Counties Code. Makes a technical change to a Section concerning zoning requirements for a telecommunications carrier facility.


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A BILL FOR

 

SB1351 LRB095 08356 HLH 28529 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 5-12001.1 as follows:
 
6     (55 ILCS 5/5-12001.1)
7     Sec. 5-12001.1. Authority to regulate certain specified
8 facilities of a telecommunications carrier and and to regulate,
9 pursuant to subsections (a) through (g), AM broadcast towers
10 and facilities.
11     (a) Notwithstanding any other Section in this Division, the
12 county board or board of county commissioners of any county
13 shall have the power to regulate the location of the
14 facilities, as defined in subsection (c), of a
15 telecommunications carrier or AM broadcast station established
16 outside the corporate limits of cities, villages, and
17 incorporated towns that have municipal zoning ordinances in
18 effect. The power shall only be exercised to the extent and in
19 the manner set forth in this 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 otherwise

 

 

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1 requires:
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
10 telecommunications carrier or AM broadcast station shall
11 consider 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
24 feet without deduction of any unbuildable or unusable land, any
25 roadway, or any other easement.
26     (e) In designing a facility, a telecommunications carrier

 

 

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1 or AM broadcast station shall consider the following
2 guidelines:
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
17 established in any county jurisdiction area (i) after the
18 effective date of the amendatory Act of 1997 with respect to
19 telecommunications carriers and (ii) after the effective date
20 of this amendatory Act of the 94th General Assembly with
21 respect 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.
9         (9) Any decision regarding a facility by the county
10     board or a county agency or official shall be supported by
11     written findings of fact. The circuit court shall have
12     jurisdiction to review the reasonableness of any adverse
13     decision and the plaintiff shall bear the burden of proof,
14     but there shall be no presumption of the validity of the
15     decision.
16     (g) The following provisions shall apply to all facilities
17 established (i) after the effective date of this amendatory Act
18 of 1997 with respect to telecommunications carriers and (ii)
19 after the effective date of this amendatory Act of the 94th
20 General Assembly with respect to AM broadcast stations in the
21 county jurisdiction area of any county with a population of
22 less than 180,000:
23         (1) A facility is permitted if its supporting structure
24     is a qualifying structure or if both of the following
25     conditions are met:
26             (A) the height of the facility shall not exceed 200

 

 

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1         feet, except that if a facility is located more than
2         one and one-half miles from the corporate limits of any
3         municipality with a population of 25,000 or more the
4         height of the facility shall not exceed 350 feet; and
5             (B) the horizontal separation distance to the
6         nearest principal residential building shall not be
7         less than the height of the supporting structure;
8         except that if the supporting structure exceeds 99 feet
9         in height, the horizontal separation distance to the
10         nearest principal residential building shall be at
11         least 100 feet or 80% of the height of the supporting
12         structure, whichever is greater. Compliance with this
13         paragraph shall only be evaluated as of the time that a
14         building permit application for the facility is
15         submitted. If the supporting structure is not an
16         antenna tower this paragraph is satisfied.
17         (2) Unless a facility is permitted under paragraph (1)
18     of this subsection (g), a facility can be established only
19     after the county board gives its approval following
20     consideration of the provisions of paragraph (3) of this
21     subsection (g). The county board may give its approval
22     after one public hearing on the proposal, but only by the
23     favorable vote of a majority of the members present at a
24     meeting held no later than 75 days after submission of a
25     complete application by the telecommunications carrier. If
26     the county board fails to act on the application within 75

 

 

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1     days after its submission, the application shall be deemed
2     to have been approved. No more than one public hearing
3     shall be required.
4         (3) For purposes of paragraph (2) of this subsection
5     (g), the following siting considerations, but no other
6     matter, shall be considered by the county board or any
7     other body conducting the public hearing:
8             (A) the criteria in subsection (d) of this Section;
9             (B) 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             (C) the benefits to be derived by the users of the
15         services to be provided or enhanced by the facility and
16         whether public safety and emergency response
17         capabilities would benefit by the establishment of the
18         facility;
19             (D) the existing uses on adjacent and nearby
20         properties; and
21             (E) the extent to which the design of the proposed
22         facility reflects compliance with subsection (e) of
23         this Section.
24         (4) On judicial review of an adverse decision, the
25     issue shall be the reasonableness of the county board's
26     decision in light of the evidence presented on the siting

 

 

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1     considerations and the well-reasoned recommendations of
2     any other body that conducts the public hearing.
3     (h) The following provisions shall apply to all facilities
4 established after the effective date of this amendatory Act of
5 1997 in the county jurisdiction area of any county with a
6 population of 180,000 or more. A facility is permitted in any
7 zoning district subject to the following:
8         (1) A facility shall not be located on a lot under
9     paragraph (4) of subsection (d) unless a variation is
10     granted by the county board under paragraph (4) of this
11     subsection (h).
12         (2) Unless a height variation is granted by the county
13     board, the height of a facility shall not exceed 75 feet if
14     the facility will be located in a residential zoning
15     district or 200 feet if the facility will be located in a
16     non-residential zoning district. However, the height of a
17     facility may exceed the height limit in this paragraph, and
18     no height variation shall be required, if the supporting
19     structure is a qualifying structure.
20         (3) The improvements and equipment of the facility
21     shall be placed to comply with the requirements of this
22     paragraph at the time a building permit application for the
23     facility is submitted. If the supporting structure is an
24     antenna tower other than a qualifying structure then (i) if
25     the facility will be located in a residential zoning
26     district the lot line set back distance to the nearest

 

 

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1     residentially zoned lot shall be at least 50% of the height
2     of the facility's supporting structure or (ii) if the
3     facility will be located in a non-residential zoning
4     district the horizontal separation distance to the nearest
5     principal residential building shall be at least equal to
6     the height of the facility's supporting structure.
7         (4) The county board may grant variations for any of
8     the regulations, conditions, and restrictions of this
9     subsection (h), after one public hearing on the proposed
10     variations, by a favorable vote of a majority of the
11     members present at a meeting held no later than 75 days
12     after submission of an application by the
13     telecommunications carrier. If the county board fails to
14     act on the application within 75 days after submission, the
15     application shall be deemed to have been approved. In its
16     consideration of an application for variations, the county
17     board, and any other body conducting the public hearing,
18     shall consider the following, and no other matters:
19             (A) whether, but for the granting of a variation,
20         the service that the telecommunications carrier seeks
21         to enhance or provide with the proposed facility will
22         be less available, impaired, or diminished in quality,
23         quantity, or scope of coverage;
24             (B) whether the conditions upon which the
25         application for variations is based are unique in some
26         respect or, if not, whether the strict application of

 

 

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1         the regulations would result in a hardship on the
2         telecommunications carrier;
3             (C) whether a substantial adverse effect on public
4         safety will result from some aspect of the facility's
5         design or proposed construction, but only if that
6         aspect of design or construction is modifiable by the
7         applicant;
8             (D) whether there are benefits to be derived by the
9         users of the services to be provided or enhanced by the
10         facility and whether public safety and emergency
11         response capabilities would benefit by the
12         establishment of the facility; and
13             (E) the extent to which the design of the proposed
14         facility reflects compliance with subsection (e) of
15         this Section.
16     No more than one public hearing shall be required.
17         (5) On judicial review of an adverse decision, the
18     issue shall be the reasonableness of the county board's
19     decision in light of the evidence presented and the
20     well-reasoned recommendations of any other body that
21     conducted the public hearing.
22 (Source: P.A. 94-728, eff. 4-6-06.)