Bill Text: IL HB3718 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code. In a Section concerning AM broadcast towers and facilities and specified facilities of telecommunication carriers, authorizes any county to impose a minimum lot line set back distance of 300 feet for a telecommunication carrier facility or an AM broadcast facility from a residentially zoned lot.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0696 [HB3718 Detail]

Download: Illinois-2009-HB3718-Engrossed.html

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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

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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

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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;

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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
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;
(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
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

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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.
(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

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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

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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

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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
general circulation published in the county. Notice of any
such public hearing shall also be sent by certified mail at
least 15 days prior to the hearing to the owners of record
of all residential property that is adjacent to the lot
upon which the facility is proposed to be sited.
(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:

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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:
(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

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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

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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

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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 held at a zoning or other appropriate committee
meeting with proper notice given as provided in this
Section, 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

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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

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conducted the public hearing.
(Source: P.A. 94-728, eff. 4-6-06; 95-815, eff. 8-13-08.)