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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.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-12001.1 as follows:
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(55 ILCS 5/5-12001.1)
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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.
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(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
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telecommunications carrier or AM broadcast station established |
outside the corporate limits of cities,
villages, and |
incorporated towns that have municipal zoning ordinances in
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effect. The power shall only be exercised to the extent and in |
the manner set
forth in this Section.
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(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.
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(c) As used in this Section, unless the context otherwise |
requires:
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(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;
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(2) "county board" means the county board or board of |
county commissioners
of any county;
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(3) "residential zoning district" means a zoning |
district that is
designated under a county zoning ordinance |
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and is zoned predominantly for
residential uses;
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(4) "non-residential zoning district" means the county |
jurisdiction area
of a county, except for those portions |
within a residential zoning district;
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(5) "residentially zoned lot" means a zoning lot in a |
residential zoning
district;
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(6) "non-residentially zoned lot" means a zoning lot in |
a non-residential
zoning district;
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(7) "telecommunications carrier" means a |
telecommunications carrier as
defined in the Public |
Utilities Act as of January 1, 1997;
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(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;
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(9) "FAA" means the Federal Aviation Administration of |
the United States
Department of Transportation;
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(10) "FCC" means the Federal Communications |
Commission;
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(11) "antenna" means an antenna device by which radio |
signals are
transmitted, received, or both;
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(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;
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(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 |
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replacement structure, is not more than 15 feet higher than |
the height of
the existing structure just before the |
facility is installed;
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(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;
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(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
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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
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structure is to be measured from the highest point of the |
supporting
structure's foundation;
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(16) "facility lot" means the zoning lot on which a |
facility is or will be
located;
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(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;
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(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
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(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
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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 |
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width of any intervening right of way; and
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(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.
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(d) In choosing a location for a facility, a
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telecommunications carrier or AM broadcast station shall |
consider the following:
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(1) A non-residentially zoned lot is the most desirable |
location.
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(2) A residentially zoned lot that is not used for |
residential purposes is
the second most desirable |
location.
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(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.
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(4) A residentially zoned lot that is less than 2 acres |
in size and is
used for residential purposes is the least |
desirable location.
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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.
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(e) In designing a facility, a telecommunications carrier |
or AM broadcast station shall consider the
following |
guidelines:
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(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.
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(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.
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(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.
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(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.
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(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
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over any tree-related regulations imposing a greater |
burden.
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(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.
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(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.
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(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:
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(1) Except as provided in this Section, no yard or set |
back
regulations shall apply to or be required for a |
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facility.
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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:
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(1) A facility is permitted if its supporting structure |
is a qualifying
structure or if both of the following |
conditions are met:
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(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
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(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
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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.
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(2) Unless a facility is permitted under paragraph (1) |
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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
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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
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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.
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(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:
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(A) the criteria in subsection (d) of this Section;
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(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;
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(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
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capabilities would benefit by the establishment of the |
facility;
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(D) the existing uses on adjacent and nearby |
properties; and
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(E) the extent to which the design of the proposed |
facility reflects
compliance with subsection (e) of |
this Section.
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(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 |
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any other body that conducts the public hearing.
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(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:
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(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).
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(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
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facility may
exceed the height limit in this paragraph, and |
no height variation shall be
required, if the supporting |
structure is a qualifying structure.
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(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
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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.
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(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 |
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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
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board, and any other body conducting the public hearing, |
shall consider the
following, and no other matters:
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(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;
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(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
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the regulations would result in a hardship on the |
telecommunications carrier;
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(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
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aspect of design or construction is modifiable by the |
applicant;
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(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
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response capabilities would benefit by the |
establishment of the facility; and
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(E) the extent to which the design of the proposed |
facility reflects
compliance with subsection (e) of |
this Section.
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No more than one public hearing shall be required.
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(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
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conducted the public hearing.
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