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90_SB1667
55 ILCS 5/5-12001.1
Amends the Counties Code. In designing a
telecommunications facility, provides that a carrier shall
abide by (now consider) certain mandatory guidelines (now
discretionary guidelines). Provides that in a public hearing
on facility siting, the county board shall consider whether
(now the extent to which) the facility design reflects full
compliance (now compliance) with the mandated guidelines.
Effective immediately.
LRB9011393PTbd
LRB9011393PTbd
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 to the extent and in the manner set forth in
18 this Section.
19 (b) The provisions of this Section shall not abridge any
20 rights created by or authority confirmed in the federal
21 Telecommunications Act of 1996, P.L. 104-104.
22 (c) As used in this Section, unless the context
23 otherwise requires:
24 (1) "county jurisdiction area" means those portions
25 of a county that lie outside the corporate limits of
26 cities, villages, and incorporated towns that have
27 municipal zoning ordinances in effect;
28 (2) "county board" means the county board or board
29 of county commissioners of any county;
30 (3) "residential zoning district" means a zoning
31 district that is designated under a county zoning
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1 ordinance and is zoned predominantly for residential
2 uses;
3 (4) "non-residential zoning district" means the
4 county jurisdiction area of a county, except for those
5 portions within a residential zoning district;
6 (5) "residentially zoned lot" means a zoning lot in
7 a residential zoning district;
8 (6) "non-residentially zoned lot" means a zoning
9 lot in a non-residential zoning district;
10 (7) "telecommunications carrier" means a
11 telecommunications carrier as defined in the Public
12 Utilities Act as of January 1, 1997;
13 (8) "facility" means that part of the signal
14 distribution system used or operated by a
15 telecommunications carrier under a license from the FCC
16 consisting of a combination of improvements and equipment
17 including (i) one or more antennas, (ii) a supporting
18 structure and the hardware by which antennas are
19 attached; (iii) equipment housing; and (iv) ancillary
20 equipment such as signal transmission cables and
21 miscellaneous hardware;
22 (9) "FAA" means the Federal Aviation Administration
23 of the United States Department of Transportation;
24 (10) "FCC" means the Federal Communications
25 Commission;
26 (11) "antenna" means an antenna device by which
27 radio signals are transmitted, received, or both;
28 (12) "supporting structure" means a structure,
29 whether an antenna tower or another type of structure,
30 that supports one or more antennas as part of a facility;
31 (13) "qualifying structure" means a supporting
32 structure that is (i) an existing structure, if the
33 height of the facility, including the structure, is not
34 more than 15 feet higher than the structure just before
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1 the facility is installed, or (ii) a substantially
2 similar, substantially same-location replacement of an
3 existing structure, if the height of the facility,
4 including the replacement structure, is not more than 15
5 feet higher than the height of the existing structure
6 just before the facility is installed;
7 (14) "equipment housing" means a combination of one
8 or more equipment buildings or enclosures housing
9 equipment that operates in conjunction with the antennas
10 of a facility, and the equipment itself;
11 (15) "height" of a facility means the total height
12 of the facility's supporting structure and any antennas
13 that will extend above the top of the supporting
14 structure; however, if the supporting structure's
15 foundation extends more than 3 feet above the uppermost
16 ground level along the perimeter of the foundation, then
17 each full foot in excess of 3 feet shall be counted as an
18 additional foot of facility height. The height of a
19 facility's supporting structure is to be measured from
20 the highest point of the supporting structure's
21 foundation;
22 (16) "facility lot" means the zoning lot on which a
23 facility is or will be located;
24 (17) "principal residential building" has its
25 common meaning but shall not include any building under
26 the same ownership as the land of the facility lot.
27 "Principal residential building" shall not include any
28 structure that is not designed for human habitation;
29 (18) "horizontal separation distance" means the
30 distance measured from the center of the base of the
31 facility's supporting structure to the point where the
32 ground meets a vertical wall of a principal residential
33 building; and
34 (19) "lot line set back distance" means the
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1 distance measured from the center of the base of the
2 facility's supporting structure to the nearest point on
3 the common lot line between the facility lot and the
4 nearest residentially zoned lot. If there is no common
5 lot line, the measurement shall be made to the nearest
6 point on the lot line of the nearest residentially zoned
7 lot without deducting the width of any intervening right
8 of way.
9 (d) In choosing a location for a facility, a
10 telecommunications carrier shall consider the following:
11 (1) A non-residentially zoned lot is the most
12 desirable location.
13 (2) A residentially zoned lot that is not used for
14 residential purposes is the second most desirable
15 location.
16 (3) A residentially zoned lot that is 2 acres or
17 more in size and is used for residential purposes is the
18 third most desirable location.
19 (4) A residentially zoned lot that is less than 2
20 acres in size and is used for residential purposes is the
21 least desirable location.
22 The size of a lot shall be the lot's gross area in square
23 feet without deduction of any unbuildable or unusable land,
24 any roadway, or any other easement.
25 (e) In designing a facility, a telecommunications
26 carrier shall abide by consider the following guidelines:
27 (1) No building or tower that is part of a facility
28 shall should encroach onto any recorded easement
29 prohibiting the encroachment unless the grantees of the
30 easement have given their approval.
31 (2) Lighting shall should be installed for security
32 and safety purposes only. Except with respect to
33 lighting required by the FCC or FAA, all lighting shall
34 should be shielded so that no glare extends substantially
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1 beyond the boundaries of a facility.
2 (3) No facility shall should encroach onto an
3 existing septic field.
4 (4) Any facility located in a special flood hazard
5 area or wetland shall should meet the legal requirements
6 for those lands.
7 (5) Existing trees more than 3 inches in diameter
8 shall should be preserved if reasonably feasible during
9 construction. If any tree more than 3 inches in diameter
10 is removed during construction a tree 3 inches or more in
11 diameter of the same or a similar species shall be
12 planted as a replacement if reasonably feasible. Tree
13 diameter shall be measured at a point 3 feet above ground
14 level.
15 (6) If any elevation of a facility faces an
16 existing, adjoining residential use within a residential
17 zoning district, low maintenance landscaping shall should
18 be provided on or near the facility lot to provide at
19 least partial screening of the facility. The quantity
20 and type of that landscaping shall should be in
21 accordance with any county landscaping regulations of
22 general applicability, except that paragraph (5) of this
23 subsection (e) shall control over any tree-related
24 regulations imposing a greater burden.
25 (7) Fencing shall should be installed around a
26 facility. The height and materials of the fencing shall
27 should be in accordance with any county fence regulations
28 of general applicability.
29 (8) Any building that is part of a facility located
30 adjacent to a residentially zoned lot shall should be
31 designed with exterior materials and colors that are
32 reasonably compatible with the residential character of
33 the area.
34 (f) The following provisions shall apply to all
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1 facilities established in any county jurisdiction area after
2 the effective date of the amendatory Act of 1997:
3 (1) Except as provided in this Section, no yard or
4 set back regulations shall apply to or be required for a
5 facility.
6 (2) A facility may be located on the same zoning
7 lot as one or more other structures or uses without
8 violating any ordinance or regulation that prohibits or
9 limits multiple structures, buildings, or uses on a
10 zoning lot.
11 (3) No minimum lot area, width, or depth shall be
12 required for a facility, and unless the facility is to be
13 manned on a regular, daily basis, no off-street parking
14 spaces shall be required for a facility. If the facility
15 is to be manned on a regular, daily basis, one off-street
16 parking space shall be provided for each employee
17 regularly at the facility. No loading facilities are
18 required.
19 (4) No portion of a facility's supporting structure
20 or equipment housing shall be less than 15 feet from the
21 front lot line of the facility lot or less than 10 feet
22 from any other lot line.
23 (5) No bulk regulations or lot coverage, building
24 coverage, or floor area ratio limitations shall be
25 applied to a facility or to any existing use or structure
26 coincident with the establishment of a facility. Except
27 as provided in this Section, no height limits or
28 restrictions shall apply to a facility.
29 (6) A county's review of a building permit
30 application for a facility shall be completed within 30
31 days. If a decision of the county board is required to
32 permit the establishment of a facility, the county's
33 review of the application shall be simultaneous with the
34 process leading to the county board's decision.
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1 (7) The improvements and equipment comprising the
2 facility may be wholly or partly freestanding or wholly
3 or partly attached to, enclosed in, or installed in or on
4 a structure or structures.
5 (8) Any public hearing authorized under this
6 Section shall be conducted in a manner determined by the
7 county board. Notice of any such public hearing shall be
8 published at least 15 days before the hearing in a
9 newspaper of general circulation published in the county.
10 (9) Any decision regarding a facility by the county
11 board or a county agency or official shall be supported
12 by written findings of fact. The circuit court shall
13 have jurisdiction to review the reasonableness of any
14 adverse decision and the plaintiff shall bear the burden
15 of proof, but there shall be no presumption of the
16 validity of the decision.
17 (g) The following provisions shall apply to all
18 facilities established after the effective date of this
19 amendatory Act of 1997 in the county jurisdiction area of any
20 county with a population of less than 180,000:
21 (1) A facility is permitted if its supporting
22 structure is a qualifying structure or if both of the
23 following conditions are met:
24 (A) the height of the facility shall not
25 exceed 200 feet, except that if a facility is
26 located more than one and one-half miles from the
27 corporate limits of any municipality with a
28 population of 25,000 or more the height of the
29 facility shall not exceed 350 feet; and
30 (B) the horizontal separation distance to the
31 nearest principal residential building shall not be
32 less than the height of the supporting structure;
33 except that if the supporting structure exceeds 99
34 feet in height, the horizontal separation distance
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1 to the nearest principal residential building shall
2 be at least 100 feet or 80% of the height of the
3 supporting structure, whichever is greater.
4 Compliance with this paragraph shall only be
5 evaluated as of the time that a building permit
6 application for the facility is submitted. If the
7 supporting structure is not an antenna tower this
8 paragraph is satisfied.
9 (2) Unless a facility is permitted under paragraph
10 (1) of this subsection (g), a facility can be established
11 only after the county board gives its approval following
12 consideration of the provisions of paragraph (3) of this
13 subsection (g). The county board may give its approval
14 after one public hearing on the proposal, but only by the
15 favorable vote of a majority of the members present at a
16 meeting held no later than 75 days after submission of a
17 complete application by the telecommunications carrier.
18 If the county board fails to act on the application
19 within 75 days after its submission, the application
20 shall be deemed to have been approved. No more than one
21 public hearing shall be required.
22 (3) For purposes of paragraph (2) of this
23 subsection (g), the following siting considerations, but
24 no other matter, shall be considered by the county board
25 or any other body conducting the public hearing:
26 (A) the criteria in subsection (d) of this
27 Section;
28 (B) whether a substantial adverse effect on
29 public safety will result from some aspect of the
30 facility's design or proposed construction, but only
31 if that aspect of design or construction is
32 modifiable by the applicant;
33 (C) the benefits to be derived by the users of
34 the services to be provided or enhanced by the
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1 facility and whether public safety and emergency
2 response capabilities would benefit by the
3 establishment of the facility;
4 (D) the existing uses on adjacent and nearby
5 properties; and
6 (E) whether the extent to which the design of
7 the proposed facility reflects full compliance with
8 subsection (e) of this Section.
9 (4) On judicial review of an adverse decision, the
10 issue shall be the reasonableness of the county board's
11 decision in light of the evidence presented on the siting
12 considerations and the well-reasoned recommendations of
13 any other body that conducts the public hearing.
14 (h) The following provisions shall apply to all
15 facilities established after the effective date of this
16 amendatory Act of 1997 in the county jurisdiction area of any
17 county with a population of 180,000 or more. A facility is
18 permitted in any zoning district subject to the following:
19 (1) A facility shall not be located on a lot under
20 paragraph (4) of subsection (d) unless a variation is
21 granted by the county board under paragraph (4) of this
22 subsection (h).
23 (2) Unless a height variation is granted by the
24 county board, the height of a facility shall not exceed
25 75 feet if the facility will be located in a residential
26 zoning district or 200 feet if the facility will be
27 located in a non-residential zoning district. However,
28 the height of a facility may exceed the height limit in
29 this paragraph, and no height variation shall be
30 required, if the supporting structure is a qualifying
31 structure.
32 (3) The improvements and equipment of the facility
33 shall be placed to comply with the requirements of this
34 paragraph at the time a building permit application for
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1 the facility is submitted. If the supporting structure
2 is an antenna tower other than a qualifying structure
3 then (i) if the facility will be located in a residential
4 zoning district the lot line set back distance to the
5 nearest residentially zoned lot shall be at least 50% of
6 the height of the facility's supporting structure or (ii)
7 if the facility will be located in a non-residential
8 zoning district the horizontal separation distance to the
9 nearest principal residential building shall be at least
10 equal to the height of the facility's supporting
11 structure.
12 (4) The county board may grant variations for any
13 of the regulations, conditions, and restrictions of this
14 subsection (h), after one public hearing on the proposed
15 variations, by a favorable vote of a majority of the
16 members present at a meeting held no later than 75 days
17 after submission of an application by the
18 telecommunications carrier. If the county board fails to
19 act on the application within 75 days after submission,
20 the application shall be deemed to have been approved.
21 In its consideration of an application for variations,
22 the county board, and any other body conducting the
23 public hearing, shall consider the following, and no
24 other matters:
25 (A) whether, but for the granting of a
26 variation, the service that the telecommunications
27 carrier seeks to enhance or provide with the
28 proposed facility will be less available, impaired,
29 or diminished in quality, quantity, or scope of
30 coverage;
31 (B) whether the conditions upon which the
32 application for variations is based are unique in
33 some respect or, if not, whether the strict
34 application of the regulations would result in a
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1 hardship on the telecommunications carrier;
2 (C) whether a substantial adverse effect on
3 public safety will result from some aspect of the
4 facility's design or proposed construction, but only
5 if that aspect of design or construction is
6 modifiable by the applicant;
7 (D) whether there are benefits to be derived
8 by the users of the services to be provided or
9 enhanced by the facility and whether public safety
10 and emergency response capabilities would benefit by
11 the establishment of the facility; and
12 (E) whether the extent to which the design of
13 the proposed facility reflects full compliance with
14 subsection (e) of this Section.
15 No more than one public hearing shall be required.
16 (5) On judicial review of an adverse decision, the
17 issue shall be the reasonableness of the county board's
18 decision in light of the evidence presented and the
19 well-reasoned recommendations of any other body that
20 conducted the public hearing.
21 (Source: P.A. 90-522, eff. 1-1-98.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.