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91_HB4228sam001
LRB9112293MWgcam01
1 AMENDMENT TO HOUSE BILL 4228
2 AMENDMENT NO. . Amend House Bill 4228 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Counties Code is amended by changing
5 Section 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.
9 (a) Notwithstanding any other Section in this Division,
10 The county board or board of county commissioners of any
11 county shall have the power to regulate the location of the
12 facilities, as defined in subsection (c), of a
13 telecommunications carrier established outside the corporate
14 limits of cities, villages, and incorporated towns that have
15 municipal zoning ordinances in effect. The power shall only
16 be exercised to the extent and in the manner set forth in
17 this Section.
18 (b) The provisions of this Section shall not abridge any
19 rights created by or authority confirmed in the federal
20 Telecommunications Act of 1996, P.L. 104-104. The county
21 board or board of county commissioners of any county is
22 authorized to regulate the placement, construction, and
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1 modification of the facilities of a telecommunications
2 carrier as provided in the federal Telecommunications Act of
3 1996, P.L. 104-104. The county board or board of county
4 commissioners may not unreasonably discriminate among
5 providers of functionally equivalent services and shall not
6 prohibit or have the effect of prohibiting the provision of
7 telecommunications services as provided in the federal
8 Telecommunications Act of 1996, P.L. 104-104.
9 (c) As used in this Section, unless the context
10 otherwise requires:
11 (1) "county jurisdiction area" means those portions
12 of a county that lie outside the corporate limits of
13 cities, villages, and incorporated towns that have
14 municipal zoning ordinances in effect;
15 (2) "county board" means the county board or board
16 of county commissioners of any county;
17 (3) "residential zoning district" means a zoning
18 district that is designated under a county zoning
19 ordinance and is zoned predominantly for residential
20 uses;
21 (4) "non-residential zoning district" means the
22 county jurisdiction area of a county, except for those
23 portions within a residential zoning district;
24 (5) "residentially zoned lot" means a zoning lot in
25 a residential zoning district;
26 (6) "non-residentially zoned lot" means a zoning
27 lot in a non-residential zoning district;
28 (7) "telecommunications carrier" means a
29 telecommunications carrier as defined in the Public
30 Utilities Act as of January 1, 1997;
31 (8) "facility" means that part of the signal
32 distribution system used or operated by a
33 telecommunications carrier under a license from the FCC
34 consisting of a combination of improvements and equipment
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1 including (i) one or more antennas, (ii) a supporting
2 structure and the hardware by which antennas are
3 attached; (iii) equipment housing; and (iv) ancillary
4 equipment such as signal transmission cables and
5 miscellaneous hardware;
6 (9) "FAA" means the Federal Aviation Administration
7 of the United States Department of Transportation;
8 (10) "FCC" means the Federal Communications
9 Commission;
10 (11) "antenna" means an antenna device by which
11 radio signals are transmitted, received, or both;
12 (12) "supporting structure" means a structure,
13 whether an antenna tower or another type of structure,
14 that supports one or more antennas as part of a facility;
15 (13) "qualifying structure" means a supporting
16 structure that is (i) an existing structure, if the
17 height of the facility, including the structure, is not
18 more than 15 feet higher than the structure just before
19 the facility is installed, or (ii) a substantially
20 similar, substantially same-location replacement of an
21 existing structure, if the height of the facility,
22 including the replacement structure, is not more than 15
23 feet higher than the height of the existing structure
24 just before the facility is installed;
25 (14) "equipment housing" means a combination of one
26 or more equipment buildings or enclosures housing
27 equipment that operates in conjunction with the antennas
28 of a facility, and the equipment itself;
29 (15) "height" of a facility means the total height
30 of the facility's supporting structure and any antennas
31 that will extend above the top of the supporting
32 structure; however, if the supporting structure's
33 foundation extends more than 3 feet above the uppermost
34 ground level along the perimeter of the foundation, then
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1 each full foot in excess of 3 feet shall be counted as an
2 additional foot of facility height. The height of a
3 facility's supporting structure is to be measured from
4 the highest point of the supporting structure's
5 foundation;
6 (16) "facility lot" means the zoning lot on which a
7 facility is or will be located;
8 (17) "principal residential building" has its
9 common meaning but shall not include any building under
10 the same ownership as the land of the facility lot.
11 "Principal residential building" shall not include any
12 structure that is not designed for human habitation;
13 (18) "horizontal separation distance" means the
14 distance measured from the center of the base of the
15 facility's supporting structure to the point where the
16 ground meets a vertical wall of a principal residential
17 building; and
18 (19) "lot line set back distance" means the
19 distance measured from the center of the base of the
20 facility's supporting structure to the nearest point on
21 the common lot line between the facility lot and the
22 nearest residentially zoned lot. If there is no common
23 lot line, the measurement shall be made to the nearest
24 point on the lot line of the nearest residentially zoned
25 lot without deducting the width of any intervening right
26 of way.
27 (d) In choosing a location for a facility, a
28 telecommunications carrier shall consider the following:
29 (1) A non-residentially zoned lot is the most
30 desirable location.
31 (2) A residentially zoned lot that is not used for
32 residential purposes is the second most desirable
33 location.
34 (3) A residentially zoned lot that is 2 acres or
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1 more in size and is used for residential purposes is the
2 third most desirable location.
3 (4) A residentially zoned lot that is less than 2
4 acres in size and is used for residential purposes is the
5 least desirable location.
6 The size of a lot shall be the lot's gross area in square
7 feet without deduction of any unbuildable or unusable land,
8 any roadway, or any other easement.
9 (e) In designing a facility, a telecommunications
10 carrier shall at a minimum abide by consider the following
11 guidelines:
12 (1) No building or tower that is part of a facility
13 will should encroach onto any recorded easement
14 prohibiting the encroachment unless the grantees of the
15 easement have given their approval.
16 (2) Lighting will should be installed for security
17 and safety purposes only. Except with respect to
18 lighting required by the FCC or FAA, all lighting will
19 should be shielded so that no glare extends substantially
20 beyond the boundaries of a facility.
21 (3) No facility will should encroach onto an
22 existing septic field.
23 (4) Any facility located in a special flood hazard
24 area or wetland will should meet the legal requirements
25 for those lands.
26 (5) Existing trees more than 3 inches in diameter
27 will should be preserved if reasonably feasible during
28 construction. If any tree more than 3 inches in diameter
29 is removed during construction a tree 3 inches or more in
30 diameter of the same or a similar species shall be
31 planted as a replacement if reasonably feasible. Tree
32 diameter shall be measured at a point 3 feet above ground
33 level.
34 (6) If any elevation of a facility faces an
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1 existing, adjoining residential use or within a
2 residential zoning district, low maintenance landscaping
3 will should be provided on or near the facility lot to
4 provide at least partial screening of the facility. The
5 quantity and type of that landscaping will should be in
6 accordance with any county landscaping regulations of
7 general applicability, except that paragraph (5) of this
8 subsection (e) shall control over any tree-related
9 regulations imposing a greater burden.
10 (7) Fencing will should be installed around a
11 facility. The height and materials of the fencing will
12 should be in accordance with any county fence regulations
13 of general applicability.
14 (8) Any building that is part of a facility located
15 adjacent to a residentially zoned lot will should be
16 designed with exterior materials and colors that are
17 reasonably compatible with the residential character of
18 the area.
19 (9) A monopole supporting structure will be
20 required when a facility is located within 1,000 feet of
21 a principal residential building.
22 (10) All supporting structures will be designed to
23 accommodate 2 additional telecommunications carriers.
24 (f) (Blank). The following provisions shall apply to all
25 facilities established in any county jurisdiction area after
26 the effective date of the amendatory Act of 1997:
27 (1) Except as provided in this Section, no yard or
28 set back regulations shall apply to or be required for a
29 facility.
30 (2) A facility may be located on the same zoning
31 lot as one or more other structures or uses without
32 violating any ordinance or regulation that prohibits or
33 limits multiple structures, buildings, or uses on a
34 zoning lot.
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1 (3) No minimum lot area, width, or depth shall be
2 required for a facility, and unless the facility is to be
3 manned on a regular, daily basis, no off-street parking
4 spaces shall be required for a facility. If the facility
5 is to be manned on a regular, daily basis, one off-street
6 parking space shall be provided for each employee
7 regularly at the facility. No loading facilities are
8 required.
9 (4) No portion of a facility's supporting structure
10 or equipment housing shall be less than 15 feet from the
11 front lot line of the facility lot or less than 10 feet
12 from any other lot line.
13 (5) No bulk regulations or lot coverage, building
14 coverage, or floor area ratio limitations shall be
15 applied to a facility or to any existing use or structure
16 coincident with the establishment of a facility. Except
17 as provided in this Section, no height limits or
18 restrictions shall apply to a facility.
19 (6) A county's review of a building permit
20 application for a facility shall be completed within 30
21 days. If a decision of the county board is required to
22 permit the establishment of a facility, the county's
23 review of the application shall be simultaneous with the
24 process leading to the county board's decision.
25 (7) The improvements and equipment comprising the
26 facility may be wholly or partly freestanding or wholly
27 or partly attached to, enclosed in, or installed in or on
28 a structure or structures.
29 (8) Any public hearing authorized under this
30 Section shall be conducted in a manner determined by the
31 county board. Notice of any such public hearing shall be
32 published at least 15 days before the hearing in a
33 newspaper of general circulation published in the county.
34 (9) Any decision regarding a facility by the county
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1 board or a county agency or official shall be supported
2 by written findings of fact. The circuit court shall
3 have jurisdiction to review the reasonableness of any
4 adverse decision and the plaintiff shall bear the burden
5 of proof, but there shall be no presumption of the
6 validity of the decision.
7 (g) The following provisions shall apply to all
8 facilities established after the effective date of this
9 amendatory Act of 1997 in the county jurisdiction area of any
10 county with a population of less than 180,000 that has not
11 adopted an ordinance to exercise the powers granted in
12 Division 5-12 or Division 5-13:
13 (1) A facility is permitted if its supporting
14 structure is a qualifying structure or if both of the
15 following conditions are met:
16 (A) the height of the facility shall not
17 exceed 200 feet, except that if a facility is
18 located more than one and one-half miles from the
19 corporate limits of any municipality with a
20 population of 25,000 or more the height of the
21 facility shall not exceed 350 feet; and
22 (B) the horizontal separation distance to the
23 nearest principal residential building shall not be
24 less than the height of the supporting structure;
25 except that if the supporting structure exceeds 99
26 feet in height, the horizontal separation distance
27 to the nearest principal residential building shall
28 be at least 100 feet or 80% of the height of the
29 supporting structure, whichever is greater.
30 Compliance with this paragraph shall only be
31 evaluated as of the time that a building permit
32 application for the facility is submitted. If the
33 supporting structure is not an antenna tower this
34 paragraph is satisfied.
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1 (2) Unless a facility is permitted under paragraph
2 (1) of this subsection (g), a facility can be established
3 only after the county board gives its approval following
4 consideration of the provisions of paragraph (3) of this
5 subsection (g). The county board may give its approval
6 after one public hearing on the proposal, but only by the
7 favorable vote of a majority of the members present at a
8 meeting held no later than 75 days after submission of a
9 complete application by the telecommunications carrier.
10 If the county board fails to act on the application
11 within 75 days after its submission, the application
12 shall be deemed to have been approved. No more than one
13 public hearing shall be required.
14 (3) For purposes of paragraph (2) of this
15 subsection (g), the following siting considerations, but
16 no other matter, shall be considered by the county board
17 or any other body conducting the public hearing:
18 (A) the criteria in subsection (d) of this
19 Section;
20 (B) whether a substantial adverse effect on
21 public safety will result from some aspect of the
22 facility's design or proposed construction, but only
23 if that aspect of design or construction is
24 modifiable by the applicant;
25 (C) the benefits to be derived by the users of
26 the services to be provided or enhanced by the
27 facility and whether public safety and emergency
28 response capabilities would benefit by the
29 establishment of the facility;
30 (D) the existing uses on adjacent and nearby
31 properties; and
32 (E) the extent to which the design of the
33 proposed facility reflects compliance with
34 subsection (e) of this Section.
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1 (4) On judicial review of an adverse decision, the
2 issue shall be the reasonableness of the county board's
3 decision in light of the evidence presented on the siting
4 considerations and the well-reasoned recommendations of
5 any other body that conducts the public hearing.
6 (h) The following provisions shall apply to all
7 facilities established after the effective date of this
8 amendatory Act of 1997 in the county jurisdiction area of any
9 county with a population of 180,000 or more that has not
10 adopted an ordinance to exercise the powers granted in
11 Division 5-12 or Division 5-13. A facility is permitted in
12 any zoning district subject to the following:
13 (1) A facility shall not be located on a lot under
14 paragraph (4) of subsection (d) unless a variation is
15 granted by the county board under paragraph (4) of this
16 subsection (h).
17 (2) Unless a height variation is granted by the
18 county board, the height of a facility shall not exceed
19 75 feet if the facility will be located in a residential
20 zoning district or 200 feet if the facility will be
21 located in a non-residential zoning district. However,
22 the height of a facility may exceed the height limit in
23 this paragraph, and no height variation shall be
24 required, if the supporting structure is a qualifying
25 structure.
26 (3) The improvements and equipment of the facility
27 shall be placed to comply with the requirements of this
28 paragraph at the time a building permit application for
29 the facility is submitted. If the supporting structure
30 is an antenna tower other than a qualifying structure
31 then (i) if the facility will be located in a residential
32 zoning district the lot line set back distance to the
33 nearest residentially zoned lot shall be at least 50% of
34 the height of the facility's supporting structure or (ii)
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1 if the facility will be located in a non-residential
2 zoning district the horizontal separation distance to the
3 nearest principal residential building shall be at least
4 equal to the height of the facility's supporting
5 structure.
6 (4) The county board may grant variations for any
7 of the regulations, conditions, and restrictions of this
8 subsection (h), after one public hearing on the proposed
9 variations, by a favorable vote of a majority of the
10 members present at a meeting held no later than 75 days
11 after submission of an application by the
12 telecommunications carrier. If the county board fails to
13 act on the application within 75 days after submission,
14 the application shall be deemed to have been approved.
15 In its consideration of an application for variations,
16 the county board, and any other body conducting the
17 public hearing, shall consider the following, and no
18 other matters:
19 (A) whether, but for the granting of a
20 variation, the service that the telecommunications
21 carrier seeks to enhance or provide with the
22 proposed facility will be less available, impaired,
23 or diminished in quality, quantity, or scope of
24 coverage;
25 (B) whether the conditions upon which the
26 application for variations is based are unique in
27 some respect or, if not, whether the strict
28 application of the regulations would result in a
29 hardship on the telecommunications carrier;
30 (C) 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;
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1 (D) whether there are benefits to be derived
2 by the users of the services to be provided or
3 enhanced by the facility and whether public safety
4 and emergency response capabilities would benefit by
5 the establishment of the facility; and
6 (E) the extent to which the design of the
7 proposed facility reflects compliance with
8 subsection (e) of this Section.
9 No more than one public hearing shall be required.
10 (5) On judicial review of an adverse decision, the
11 issue shall be the reasonableness of the county board's
12 decision in light of the evidence presented and the
13 well-reasoned recommendations of any other body that
14 conducted the public hearing.
15 (Source: P.A. 90-522, eff. 1-1-98.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".