Public Act 094-0728
Public Act 0728 94TH GENERAL ASSEMBLY
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Public Act 094-0728
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| HB3183 Enrolled |
LRB094 07387 AJO 37546 b |
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| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Counties Code is amended by changing Section | 5-12001.1 as follows:
| (55 ILCS 5/5-12001.1)
| Sec. 5-12001.1. Authority to regulate certain specified | facilities of a
telecommunications carrier and to regulate, | pursuant to subsections (a) through (g), AM broadcast towers | and facilities.
| (a) Notwithstanding any other Section in this Division, the | county board or
board of county commissioners of any county | shall have the power to
regulate the location of the | facilities, as defined in subsection (c), of a
| telecommunications carrier or AM broadcast station established | outside the corporate limits of cities,
villages, and | incorporated towns that have municipal zoning ordinances in
| effect. The power shall only be exercised to the extent and in | the manner set
forth in this Section.
| (b) The provisions of this Section shall not abridge any | rights created by
or authority confirmed in the federal | Telecommunications Act of 1996, P.L.
104-104.
| (c) As used in this Section, unless the context otherwise | requires:
| (1) "county jurisdiction area" means those portions of | a county that lie
outside the corporate limits of cities, | villages, and incorporated towns that
have municipal | zoning ordinances in effect;
| (2) "county board" means the county board or board of | county commissioners
of any county;
| (3) "residential zoning district" means a zoning | district that is
designated under a county zoning ordinance |
| and is zoned predominantly for
residential uses;
| (4) "non-residential zoning district" means the county | jurisdiction area
of a county, except for those portions | within a residential zoning district;
| (5) "residentially zoned lot" means a zoning lot in a | residential zoning
district;
| (6) "non-residentially zoned lot" means a zoning lot in | a non-residential
zoning district;
| (7) "telecommunications carrier" means a | telecommunications carrier as
defined in the Public | Utilities Act as of January 1, 1997;
| (8) "facility" means that part of the signal | distribution system used or
operated by a | telecommunications carrier or AM broadcast station under a | license from the FCC
consisting of a combination of | improvements and equipment including (i) one or
more | antennas, (ii) a supporting structure and the hardware by | which antennas
are attached; (iii) equipment housing; and | (iv) ancillary equipment such as
signal transmission | cables and miscellaneous hardware;
| (9) "FAA" means the Federal Aviation Administration of | the United States
Department of Transportation;
| (10) "FCC" means the Federal Communications | Commission;
| (11) "antenna" means an antenna device by which radio | signals are
transmitted, received, or both;
| (12) "supporting structure" means a structure, whether | an antenna tower or
another type of structure, that | supports one or more antennas as part of a
facility;
| (13) "qualifying structure" means a supporting | structure that is (i) an
existing structure, if the height | of the facility, including the structure, is
not more than | 15 feet higher than the structure just before the facility | is
installed, or (ii) a substantially similar, | substantially same-location
replacement of an existing | structure, if the height of the facility, including
the |
| replacement structure, is not more than 15 feet higher than | the height of
the existing structure just before the | facility is installed;
| (14) "equipment housing" means a combination of one or | more equipment
buildings or enclosures housing equipment | that operates in conjunction with
the antennas of a | facility, and the equipment itself;
| (15) "height" of a facility means the total height of | the facility's
supporting structure and any antennas that | will extend above the top of the
supporting structure; | however, if the supporting structure's foundation extends
| more than 3 feet above the uppermost ground level along the | perimeter of the
foundation, then each full foot in excess | of 3 feet shall be counted as an
additional foot of | facility height. The height of a facility's supporting
| structure is to be measured from the highest point of the | supporting
structure's foundation;
| (16) "facility lot" means the zoning lot on which a | facility is or will be
located;
| (17) "principal residential building" has its common | meaning but shall not
include any building under the same | ownership as the land of the facility lot.
"Principal | residential building" shall not include any structure that | is not
designed for human habitation;
| (18) "horizontal separation distance" means the | distance measured from the
center of the base of the | facility's supporting structure to the point where
the | ground meets a vertical wall of a principal residential | building; and
| (19) "lot line set back distance" means the distance | measured from the
center of the base of the facility's | supporting structure to the nearest point
on the common lot | line between the facility lot and the nearest residentially
| zoned lot. If there is no common lot line, the measurement | shall be made to
the nearest point on the lot line of the | nearest residentially zoned lot
without deducting the |
| width of any intervening right of way; and
.
| (20) "AM broadcast station" means a facility and one or | more towers for the purpose of transmitting communication | in the 540 kHz to 1700 kHz band for public reception | authorized by the FCC.
| (d) In choosing a location for a facility, a
| telecommunications carrier or AM broadcast station shall | consider the following:
| (1) A non-residentially zoned lot is the most desirable | location.
| (2) A residentially zoned lot that is not used for | residential purposes is
the second most desirable | location.
| (3) A residentially zoned lot that is 2 acres or more | in size and is used
for residential purposes is the third | most desirable location.
| (4) A residentially zoned lot that is less than 2 acres | in size and is
used for residential purposes is the least | desirable location.
| The size of a lot shall be the lot's gross area in square | feet without
deduction of any unbuildable or unusable land, any | roadway, or any other
easement.
| (e) In designing a facility, a telecommunications carrier | or AM broadcast station shall consider the
following | guidelines:
| (1) No building or tower that is part of a facility | should encroach onto
any recorded easement prohibiting the | encroachment unless the grantees of the
easement have given | their approval.
| (2) Lighting should be installed for security and | safety purposes only.
Except with respect to lighting | required by the FCC or FAA, all lighting should
be shielded | so that no glare extends substantially beyond the | boundaries of a
facility.
| (3) No facility should encroach onto an existing septic | field.
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| (4) Any facility located in a special flood hazard area | or wetland should
meet the legal requirements for those | lands.
| (5) Existing trees more than 3 inches in diameter | should be preserved if
reasonably feasible during | construction. If any tree more than 3 inches in
diameter is | removed during construction a tree 3 inches or more in | diameter of
the same or a similar species shall be planted | as a replacement if reasonably
feasible. Tree diameter | shall be measured at a point 3 feet above ground
level.
| (6) If any elevation of a facility faces an existing, | adjoining
residential use within a residential zoning | district, low maintenance
landscaping should be provided | on or near the facility lot to provide at least
partial | screening of the facility. The quantity and type of that | landscaping
should be in accordance with any county | landscaping regulations of general
applicability, except | that paragraph (5) of this subsection (e) shall control
| over any tree-related regulations imposing a greater | burden.
| (7) Fencing should be installed around a facility. The | height and
materials of the fencing should be in accordance | with any county fence
regulations of general | applicability.
| (8) Any building that is part of a facility located | adjacent to a
residentially zoned lot should be designed | with exterior materials and colors
that are reasonably | compatible with the residential character of the area.
| (f) The following provisions shall apply to all facilities | established in
any county jurisdiction area (i) after the | effective date of the amendatory Act of
1997 with respect to | telecommunications carriers and (ii) after the effective date | of this amendatory Act of the 94th General Assembly with | respect to AM broadcast stations:
| (1) Except as provided in this Section, no yard or set | back
regulations shall apply to or be required for a |
| facility.
| (2) A facility may be located on the same zoning lot as | one or more other
structures or uses without violating any | ordinance or regulation that prohibits
or limits multiple | structures, buildings, or uses on a zoning lot.
| (3) No minimum lot area, width, or depth shall be | required for a facility,
and unless the facility is to be | manned on a regular, daily basis, no
off-street parking | spaces shall be required for a facility. If the facility is
| to be manned on a regular, daily basis, one off-street | parking space shall be
provided for each employee regularly | at the facility. No loading facilities
are required.
| (4) No portion of a facility's supporting structure or | equipment housing
shall be less than 15 feet from the front | lot line of the facility lot or less
than 10 feet from any | other lot line.
| (5) No bulk regulations or lot coverage, building | coverage, or floor area
ratio limitations shall be applied | to a facility or to any existing use or
structure | coincident with the establishment of a facility. Except as | provided
in this Section, no height limits or restrictions | shall apply to a facility.
| (6) A county's review of a building permit application | for a facility
shall
be completed within 30 days. If a | decision of the county board is required to
permit the | establishment of a facility, the county's review of the | application
shall be simultaneous with the process leading | to the county board's decision.
| (7) The improvements and equipment comprising the | facility may be wholly
or partly freestanding or wholly or | partly attached to, enclosed in, or
installed in or on a | structure or structures.
| (8) Any public hearing authorized under this Section | shall be conducted in
a manner determined by the county | board. Notice of any such public hearing
shall be published | at least 15 days before the hearing in a newspaper of
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| general circulation published in the county.
| (9) Any decision regarding a facility by the county | board or a county
agency
or official shall be supported by | written findings of fact. The circuit court
shall have | jurisdiction to review the reasonableness of any adverse | decision
and the plaintiff shall bear the burden of proof, | but there shall be no
presumption of the validity of the | decision.
| (g) The following provisions shall apply to all facilities | established (i) after
the effective date of this amendatory Act | of 1997 with respect to telecommunications carriers and (ii) | after the effective date of this amendatory Act of the 94th | General Assembly with respect to AM broadcast stations in the | county jurisdiction
area of any county with a population of | less than 180,000:
| (1) A facility is permitted if its supporting structure | is a qualifying
structure or if both of the following | conditions are met:
| (A) the height of the facility shall not exceed 200 | feet, except that
if a facility is located more than | one and one-half miles from the corporate
limits of any | municipality with a population of 25,000 or more the | height of
the facility shall not exceed 350 feet; and
| (B) the horizontal separation distance to the | nearest principal
residential building shall not be | less than the height of the supporting
structure; | except that if the supporting structure exceeds 99 feet | in height,
the horizontal separation distance to the | nearest principal residential
building shall be at | least 100 feet or 80% of the height of the supporting
| structure, whichever is greater. Compliance with this | paragraph shall only be
evaluated as of
the time that a | building permit application for the facility is | submitted. If
the supporting structure is not an | antenna tower this paragraph is satisfied.
| (2) Unless a facility is permitted under paragraph (1) |
| of this subsection
(g), a facility can be established only | after the county board gives its
approval following | consideration of the provisions of paragraph (3) of this
| subsection (g). The county board may give its approval | after one public
hearing on the proposal, but only by the | favorable vote of a majority of the
members present
at a | meeting held no later than 75 days after submission of a
| complete application by the telecommunications carrier. If | the county board
fails to act on the application within 75 | days after its submission,
the application shall be deemed | to have been approved. No more than one public
hearing | shall be required.
| (3) For purposes of paragraph (2) of this subsection | (g), the following
siting considerations, but no other | matter, shall be considered by the county
board or any | other body conducting the public hearing:
| (A) the criteria in subsection (d) of this Section;
| (B) whether a substantial adverse effect on public | safety will result
from some aspect of the facility's | design or proposed construction, but only if
that | aspect of design or construction is modifiable by the | applicant;
| (C) the benefits to be derived by the users of the | services to be
provided
or enhanced by the facility and | whether public safety and emergency response
| capabilities would benefit by the establishment of the | facility;
| (D) the existing uses on adjacent and nearby | properties; and
| (E) the extent to which the design of the proposed | facility reflects
compliance with subsection (e) of | this Section.
| (4) On judicial review of an adverse decision, the | issue shall be the
reasonableness of the county board's | decision in light of the evidence
presented on the siting | considerations and the well-reasoned recommendations
of |
| any other body that conducts the public hearing.
| (h) The following provisions shall apply to all facilities | established
after the effective date of this amendatory Act of | 1997 in the county
jurisdiction area of any county with
a | population of 180,000 or more. A facility is
permitted in any | zoning district subject to the following:
| (1) A facility shall not be located on a lot under | paragraph (4) of
subsection (d) unless a variation is | granted by the county board under
paragraph
(4) of this | subsection (h).
| (2) Unless a height variation is granted by the county | board, the height
of a facility shall not exceed 75 feet if | the facility will
be located in a residential zoning | district or 200 feet if the facility will be
located in a | non-residential zoning district. However, the height of a
| facility may
exceed the height limit in this paragraph, and | no height variation shall be
required, if the supporting | structure is a qualifying structure.
| (3) The improvements and equipment of the facility | shall be placed to
comply
with the requirements of this | paragraph at the time a building permit
application for the | facility is submitted. If the supporting structure is an
| antenna tower other than a qualifying structure then (i) if | the facility will
be located in a residential zoning | district the lot line set back distance to
the
nearest | residentially zoned lot shall be at least 50% of the height | of the
facility's supporting structure or (ii) if the | facility will be located in a
non-residential zoning | district the horizontal separation distance to the
nearest | principal residential building shall be at least equal to | the height of
the facility's supporting structure.
| (4) The county board may grant variations for any of | the regulations,
conditions, and restrictions of this | subsection (h), after one public hearing
on the
proposed | variations, by a favorable vote of a majority of the | members present
at a meeting held no later than 75 days |
| after submission of an application by
the | telecommunications carrier. If the county board fails to | act on the
application within 75 days after submission, the | application shall be deemed to
have been approved. In its | consideration of an application for variations,
the county
| board, and any other body conducting the public hearing, | shall consider the
following, and no other matters:
| (A) whether, but for the granting of a variation, | the service that the
telecommunications carrier seeks | to enhance or provide with the proposed
facility will | be less available, impaired, or diminished in quality, | quantity,
or scope of
coverage;
| (B) whether the conditions upon which the | application for variations is
based are unique in some | respect or, if not, whether the strict application of
| the regulations would result in a hardship on the | telecommunications carrier;
| (C) whether a substantial adverse effect on public | safety will result
from
some aspect of the facility's | design or proposed construction, but only if that
| aspect of design or construction is modifiable by the | applicant;
| (D) whether there are benefits to be derived by the | users of the
services to
be provided or enhanced by the | facility and whether public safety and emergency
| response capabilities would benefit by the | establishment of the facility; and
| (E) the extent to which the design of the proposed | facility reflects
compliance with subsection (e) of | this Section.
| No more than one public hearing shall be required.
| (5) On judicial review of an adverse decision, the | issue shall be the
reasonableness of the county board's | decision in light of the evidence
presented and the | well-reasoned recommendations of any other body that
| conducted the public hearing.
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| (Source: P.A. 90-522, eff. 1-1-98.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 04/06/2006
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