Bill Text: IL HB4158 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Municipal Code. Provides notice and hearing requirements for the erection of a telecommunication tower, an AM broadcast station, and a cell phone tower within a municipality. Provides that there shall be at least one public hearing prior to a decision by the corporate authorities of a municipality to approve the construction of a telecommunication tower, an AM broadcast station, or a cell phone tower. Provides that notice of any public hearing shall be sent by certified mail at least 30 days prior to the hearing to the owner of record of all residential property that is within 0.25 miles from the site of the proposed telecommunications facility, AM broadcast station, or cell phone tower. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-01-11 - Session Sine Die [HB4158 Detail]
Download: Illinois-2009-HB4158-Introduced.html
Bill Title: Amends the Illinois Municipal Code. Provides notice and hearing requirements for the erection of a telecommunication tower, an AM broadcast station, and a cell phone tower within a municipality. Provides that there shall be at least one public hearing prior to a decision by the corporate authorities of a municipality to approve the construction of a telecommunication tower, an AM broadcast station, or a cell phone tower. Provides that notice of any public hearing shall be sent by certified mail at least 30 days prior to the hearing to the owner of record of all residential property that is within 0.25 miles from the site of the proposed telecommunications facility, AM broadcast station, or cell phone tower. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-01-11 - Session Sine Die [HB4158 Detail]
Download: Illinois-2009-HB4158-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||||
5 | changing Section 11-13-1 and by adding Sections 11-13-27 and | ||||||||||||||||||||||||||||
6 | 11-13-28 as follows:
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7 | (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
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8 | Sec. 11-13-1. To the end that adequate light, pure air, and | ||||||||||||||||||||||||||||
9 | safety from
fire and other dangers may be secured, that the | ||||||||||||||||||||||||||||
10 | taxable value of land and
buildings throughout the municipality | ||||||||||||||||||||||||||||
11 | may be conserved, that congestion in
the public streets may be | ||||||||||||||||||||||||||||
12 | lessened or avoided, that the hazards to persons
and damage to | ||||||||||||||||||||||||||||
13 | property resulting from the accumulation or runoff of storm
or | ||||||||||||||||||||||||||||
14 | flood waters may be lessened or avoided, and that the public | ||||||||||||||||||||||||||||
15 | health,
safety, comfort, morals, and welfare may otherwise be | ||||||||||||||||||||||||||||
16 | promoted, and to
insure and facilitate the preservation of | ||||||||||||||||||||||||||||
17 | sites, areas, and structures of
historical, architectural and | ||||||||||||||||||||||||||||
18 | aesthetic importance; the corporate
authorities in each | ||||||||||||||||||||||||||||
19 | municipality have the following powers:
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20 | (1) to regulate and limit the height and bulk of | ||||||||||||||||||||||||||||
21 | buildings hereafter to
be erected; | ||||||||||||||||||||||||||||
22 | (2) to establish, regulate and limit, subject to the | ||||||||||||||||||||||||||||
23 | provisions
of Division 14 of this Article 11, the building |
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1 | or set-back lines on or
along any street, traffic-way, | ||||||
2 | drive, parkway or storm or floodwater runoff
channel or | ||||||
3 | basin; | ||||||
4 | (3) to regulate and limit the intensity of the use of | ||||||
5 | lot
areas, and to regulate and determine the area of open | ||||||
6 | spaces, within and
surrounding such buildings; | ||||||
7 | (4) to classify, regulate and restrict the
location of | ||||||
8 | trades and industries and the location of buildings | ||||||
9 | designed
for specified industrial, business, residential, | ||||||
10 | and other uses; | ||||||
11 | (5) to
divide the entire municipality into districts of | ||||||
12 | such number, shape, area,
and of such different classes | ||||||
13 | (according to use of land and buildings,
height and bulk of | ||||||
14 | buildings, intensity of the use of lot area, area of
open | ||||||
15 | spaces, or other classification) as may be deemed best | ||||||
16 | suited to carry
out the purposes of this Division 13; | ||||||
17 | (6) to fix standards to which
buildings or structures | ||||||
18 | therein shall conform; | ||||||
19 | (7) to prohibit uses,
buildings, or structures | ||||||
20 | incompatible with the character of such districts; | ||||||
21 | (8) to prevent additions to and alteration or | ||||||
22 | remodeling of existing
buildings or structures in such a | ||||||
23 | way as to avoid the restrictions and
limitations lawfully | ||||||
24 | imposed under this Division 13; | ||||||
25 | (9) to classify,
to regulate and restrict the use of | ||||||
26 | property on the basis of family
relationship, which family |
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1 | relationship may be defined as one or more
persons each | ||||||
2 | related to the other by blood, marriage or adoption and
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3 | maintaining a common household; | ||||||
4 | (10) to regulate or forbid any structure
or activity | ||||||
5 | which may hinder access to solar energy necessary for the | ||||||
6 | proper
functioning of a solar energy system, as defined in | ||||||
7 | Section 1.2 of the
Comprehensive Solar Energy Act of 1977; | ||||||
8 | (11) to require the creation and preservation of | ||||||
9 | affordable housing, including the power to provide | ||||||
10 | increased density or other zoning incentives to developers | ||||||
11 | who are creating, establishing, or preserving affordable | ||||||
12 | housing; and | ||||||
13 | (12) to establish local standards solely for the review | ||||||
14 | of the exterior design of buildings and structures, | ||||||
15 | excluding utility facilities and outdoor off-premises | ||||||
16 | advertising signs, and designate a board or commission to | ||||||
17 | implement the review process.
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18 | The powers enumerated may be exercised within the corporate | ||||||
19 | limits or
within contiguous territory not more than one and | ||||||
20 | one-half miles beyond the
corporate limits and not included | ||||||
21 | within any municipality. However, if any
municipality adopts a | ||||||
22 | plan pursuant to Division 12 of Article 11 which
plan includes | ||||||
23 | in its provisions a provision that the plan applies to such
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24 | contiguous territory not more than one and one-half miles | ||||||
25 | beyond the
corporate limits and not included in any | ||||||
26 | municipality, then no other
municipality shall adopt a plan |
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1 | that shall apply to any territory included
within the territory | ||||||
2 | provided in the plan first so adopted by another
municipality. | ||||||
3 | No municipality shall exercise any power set forth in this
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4 | Division 13 outside the corporate limits thereof, if the county | ||||||
5 | in which
such municipality is situated has adopted "An Act in | ||||||
6 | relation to county
zoning", approved June 12, 1935, as amended.
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7 | Nothing in this Section prevents a municipality of more than | ||||||
8 | 112,000
population located in a county of less than 185,000 | ||||||
9 | population that has adopted
a zoning ordinance and the county | ||||||
10 | that adopted the zoning ordinance from
entering into an | ||||||
11 | intergovernmental agreement that allows the municipality to
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12 | exercise its zoning powers beyond its territorial limits; | ||||||
13 | provided, however,
that the intergovernmental agreement must | ||||||
14 | be limited to the territory within
the municipality's planning | ||||||
15 | jurisdiction as defined by law or any existing
boundary | ||||||
16 | agreement. The county and the municipality must amend their
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17 | individual zoning maps in the same manner as other zoning | ||||||
18 | changes are
incorporated into revised zoning maps.
No such | ||||||
19 | intergovernmental agreement may authorize a municipality to | ||||||
20 | exercise
its zoning powers, other than powers that a county may | ||||||
21 | exercise under
Section 5-12001 of the Counties Code, with | ||||||
22 | respect to land used for
agricultural purposes. This amendatory | ||||||
23 | Act of the 92nd General Assembly is
declarative of existing | ||||||
24 | law.
No municipality may exercise any
power set forth in this | ||||||
25 | Division 13 outside the corporate limits of the
municipality | ||||||
26 | with respect to a facility of a telecommunications carrier |
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1 | defined
in Section 5-12001.1 of the Counties Code. | ||||||
2 | Before the approval or rejection of a telecommunications | ||||||
3 | facility (as defined in Section 5-12001.1 of the Counties Code) | ||||||
4 | to be erected within a municipality's boundaries, the | ||||||
5 | municipality shall give notice of the proposed erection site. | ||||||
6 | There shall be at least one public hearing prior to a decision | ||||||
7 | by the corporate authorities of the municipality. Notice of any | ||||||
8 | such public hearing shall be published at least 30 days before | ||||||
9 | the hearing in a newspaper of general circulation published in | ||||||
10 | the municipality. Notice of any public hearing shall also be | ||||||
11 | sent by certified mail at least 30 days prior to the hearing to | ||||||
12 | the owner of record of all residential property that is within | ||||||
13 | 0.25 miles from the site upon which the telecommunications | ||||||
14 | facility is proposed to be sited. For the purposes of this | ||||||
15 | notice requirement, "owner" means the person or entity | ||||||
16 | identified from the authentic tax records of the county in | ||||||
17 | which the telecommunications facility is to be located. The | ||||||
18 | notice requirement applies regardless of whether the owner of | ||||||
19 | record owns property within the municipality. | ||||||
20 | Notwithstanding any other provision of law to the contrary, | ||||||
21 | at least 30 days prior to commencing construction of a new | ||||||
22 | telecommunications facility within 1.5 miles of a | ||||||
23 | municipality, the telecommunications carrier constructing the | ||||||
24 | facility shall provide written notice of its intent to | ||||||
25 | construct the facility. The notice shall include, but not be | ||||||
26 | limited to, the following information: (i) the name, address, |
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1 | and telephone number of the company responsible for the | ||||||
2 | construction of the facility and (ii) the address and telephone | ||||||
3 | number of the governmental entity that issued the building | ||||||
4 | permit for the telecommunications facility. The notice shall be | ||||||
5 | provided in person, by overnight private courier, or by | ||||||
6 | certified mail to all owners of property within 250 feet of the | ||||||
7 | parcel in which the telecommunications carrier has a leasehold | ||||||
8 | or ownership interest. For the purposes of this notice | ||||||
9 | requirement, "owners" means those persons or entities | ||||||
10 | identified from the authentic tax records of the county in | ||||||
11 | which the telecommunications facility is to be located. If, | ||||||
12 | after a bona fide effort by the telecommunications carrier to | ||||||
13 | determine the owner and his or her address, the owner of the | ||||||
14 | property on whom the notice must be served cannot be found at | ||||||
15 | the owner's last known address, or if the mailed notice is | ||||||
16 | returned because the owner cannot be found at the last known | ||||||
17 | address, the notice requirement of this paragraph is deemed | ||||||
18 | satisfied. For the purposes of this paragraph, "facility" means | ||||||
19 | that term as it is defined in Section 5-12001.1 of the Counties | ||||||
20 | Code. | ||||||
21 | If a municipality adopts a
zoning plan covering an area | ||||||
22 | outside its corporate limits, the plan adopted
shall be | ||||||
23 | reasonable with respect to the area outside the corporate | ||||||
24 | limits
so that future development will not be hindered or | ||||||
25 | impaired; it is
reasonable for a municipality to regulate or | ||||||
26 | prohibit the extraction of
sand, gravel, or limestone even when |
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1 | those activities are related to an
agricultural purpose. If all | ||||||
2 | or any part of the area outside the corporate
limits of a | ||||||
3 | municipality which has been zoned in accordance with the
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4 | provisions of this Division 13 is annexed to another | ||||||
5 | municipality or
municipalities, the annexing unit shall | ||||||
6 | thereafter exercise all zoning
powers and regulations over the | ||||||
7 | annexed area.
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8 | In all ordinances passed under the authority of this | ||||||
9 | Division 13, due
allowance shall be made for existing | ||||||
10 | conditions, the conservation of
property values, the direction | ||||||
11 | of building development to the best
advantage of the entire | ||||||
12 | municipality and the uses to which the property is
devoted at | ||||||
13 | the time of the enactment of such an ordinance. The powers
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14 | conferred by this Division 13 shall not be exercised so as to | ||||||
15 | deprive the
owner of any existing property of its use or | ||||||
16 | maintenance for the purpose to
which it is then lawfully | ||||||
17 | devoted, but provisions may be made for the
gradual elimination | ||||||
18 | of uses, buildings and structures which are
incompatible with | ||||||
19 | the character of the districts in which they are made or
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20 | located, including, without being limited thereto, provisions | ||||||
21 | (a) for the
elimination of such uses of unimproved lands or lot | ||||||
22 | areas when the existing
rights of the persons in possession | ||||||
23 | thereof are terminated or when the uses
to which they are | ||||||
24 | devoted are discontinued; (b) for the elimination of uses
to | ||||||
25 | which such buildings and structures are devoted, if they are | ||||||
26 | adaptable
for permitted uses; and (c) for the elimination of |
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1 | such buildings and
structures when they are destroyed or | ||||||
2 | damaged in major part, or when they
have reached the age fixed | ||||||
3 | by the corporate authorities of the municipality
as the normal | ||||||
4 | useful life of such buildings or structures.
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5 | This amendatory Act of 1971 does not apply to any | ||||||
6 | municipality which is
a home rule unit.
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7 | (Source: P.A. 94-303, eff. 7-21-05; 95-475, eff. 1-1-08.)
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8 | (65 ILCS 5/11-13-27 new) | ||||||
9 | Sec. 11-13-27. AM broadcast station towers. Before the | ||||||
10 | approval or rejection of an AM broadcast station tower to be | ||||||
11 | erected within a municipality's boundaries, the municipality | ||||||
12 | shall give notice of the proposed erection site. There shall be | ||||||
13 | at least one public hearing prior to a decision by the | ||||||
14 | corporate authorities of the municipality. Notice of any such | ||||||
15 | public hearing shall be published at least 30 days before the | ||||||
16 | hearing in a newspaper of general circulation published in the | ||||||
17 | municipality. Notice of any public hearing shall also be sent | ||||||
18 | by certified mail at least 30 days prior to the hearing to the | ||||||
19 | owner of record of all residential property that is within 0.25 | ||||||
20 | miles from the site upon which the AM broadcast station tower | ||||||
21 | is proposed to be sited. For the purposes of this notice | ||||||
22 | requirement, "owner" means the person or entity identified from | ||||||
23 | the authentic tax records of the county in which the AM | ||||||
24 | broadcast station tower is to be located. The notice | ||||||
25 | requirement applies regardless of whether the owner of record |
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1 | owns property within the municipality.
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2 | (65 ILCS 5/11-13-28 new)
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3 | Sec. 11-13-28. Cell phone towers. Before the approval or | ||||||
4 | rejection of a cell phone tower to be erected within a | ||||||
5 | municipality's boundaries, the municipality shall give notice | ||||||
6 | of the proposed erection site. There shall be at least one | ||||||
7 | public hearing prior to a decision by the corporate authorities | ||||||
8 | of the municipality. Notice of any such public hearing shall be | ||||||
9 | published at least 30 days before the hearing in a newspaper of | ||||||
10 | general circulation published in the municipality. Notice of | ||||||
11 | any public hearing shall also be sent by certified mail at | ||||||
12 | least 30 days prior to the hearing to the owner of record of | ||||||
13 | all residential property that is within 0.25 miles from the | ||||||
14 | site upon which the cell phone tower is proposed to be sited. | ||||||
15 | For the purposes of this notice requirement, "owner" means the | ||||||
16 | person or entity identified from the authentic tax records of | ||||||
17 | the county in which the cell phone tower is to be located. The | ||||||
18 | notice requirement applies regardless of whether the owner of | ||||||
19 | record owns property within the municipality.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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