Bill Text: IL SB2895 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Counties Code. Authorizes the county board or board of county commissioners of any county to regulate the placement, construction, and modification of the facilities of a telecommunications carrier as provided in the federal Telecommunications Act of 1996. In provisions concerning the design of a facility, provides that a telecommunications carrier or AM broadcast station shall abide by (now, consider) the specified guidelines. Removes provisions concerning the placement of a facility, review of permits, improvements and equipment, public hearings, and decisions regarding a facility. Further provides that a permit applicant shall provide performance and restoration assurances for facility removal and site restoration in the event of permanent cessation of use or abandonment. Sets rules concerning the assurances. Makes other changes. Effective immediately.

Sponsorship: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB2895 Detail]

Download: Illinois-2011-SB2895-Amended.html

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Sen. Terry Link

Filed: 3/26/2012

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AMENDMENT TO SENATE BILL 2895
AMENDMENT NO. ______. Amend Senate Bill 2895, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"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

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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
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

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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
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

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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;
(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

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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
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.
(21) "overlay zoning district" means a zoning district
that is designated under a county zoning ordinance and is
zoned predominantly for the location of new
telecommunications facilities and may include
unincorporated areas within a county.
(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.

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(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
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.

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(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
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

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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
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.

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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.
(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
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

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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.
(10) Thirty days prior to the issuance of a building
permit for a facility necessitating the erection of a new
tower, the permit applicant shall provide written notice of
its intent to construct the facility to the State
Representative and the State Senator of the district in
which the subject facility is to be constructed and all
county board members for the county board district in the
county in which the subject facility is to be constructed.
This notice shall include, but not be limited to, the
following information: (i) the name, address, and
telephone number of the company responsible for the
construction of the facility; (ii) the name, address, and
telephone number of the governmental entity authorized to
issue the building permit; and (iii) the location of the
proposed facility. The applicant shall demonstrate
compliance with the notice requirements set forth in this
item (10) by submitting certified mail receipts or
equivalent mail service receipts at the same time that the
applicant submits the permit application.
(g) The following provisions shall apply to all facilities

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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:
(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.

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(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
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

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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
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) or pursuant to subsection (j).
(2) Except for a facility located in an overlay zoning
district, unless 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

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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) Except for a facility located in an overlay zoning
district, the 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 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

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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
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

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(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
conducted the public hearing.
(h-5) Notwithstanding any other provision of this Section,
modifications to existing facilities outside of an overlay
zoning district shall be permitted, subject to the requirements
of subsections (e), (f), and (h) of this Section.
(i) Notwithstanding any other provision of law to the
contrary, 30 days prior to the issuance of any permits for a
new telecommunications facility within a county, the
telecommunications carrier constructing the facility shall
provide written notice of its intent to construct the facility.
The notice shall include, but not be limited to, the following
information: (i) the name, address, and telephone number of the
company responsible for the construction of the facility, (ii)
the address and telephone number of the governmental entity
that is to issue the building permit for the telecommunications
facility, (iii) a site plan and site map of sufficient
specificity to indicate both the location of the parcel where
the telecommunications facility is to be constructed and the

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location of all the telecommunications facilities within that
parcel, and (iv) the property index number and common address
of the parcel where the telecommunications facility is to be
located. The notice shall not contain any material that appears
to be an advertisement for the telecommunications carrier or
any services provided by the telecommunications carrier. The
notice shall be provided in person, by overnight private
courier, or by certified mail to all owners of property within
250 feet of the parcel in which the telecommunications carrier
has a leasehold or ownership interest. For the purposes of this
notice requirement, "owners" means those persons or entities
identified from the authentic tax records of the county in
which the telecommunications facility is to be located. If,
after a bona fide effort by the telecommunications carrier to
determine the owner and his or her address, the owner of the
property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is
returned because the owner cannot be found at the last known
address, the notice requirement of this paragraph is deemed
satisfied.
(j) The county board in a county with a population of
180,000 or more may establish an overlay zoning district to
confine the location of new facilities constructed after the
effective date of this amendatory Act of the 97th General
Assembly to that district. In establishing the boundaries of
the overlay zoning district, the county board may not

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unreasonably discriminate among providers of functionally
equivalent services and may not prohibit the provision of
telecommunications services, as provided for in the
Telecommunications Act of 1996. In the event a
telecommunications carrier finds that, for service coverage
purposes, a facility is necessary in an area not designated as
part of the overlay zoning district, the carrier may petition
the county board to amend the overlay zoning district, pursuant
to Section 5-12014 of this Division, to incorporate the
facility parcel. Notwithstanding any other provisions of this
Section, the establishment of proposed new facilities and the
modification of existing facilities, including the addition of
new antennae, within the overlay zoning district shall be
subject to the following:
(1) The county may establish generally applicable
standards governing the height and setbacks of proposed
facilities and facility modifications in the overlay
zoning district.
(2) The county may require that proposed new facilities
be architecturally compatible with the surrounding
buildings and land uses within the overlay zoning district
or otherwise integrated, through coloring, location, and
design, to blend in with the existing characteristics of
the site.
(3) The county may establish standards for landscaping
to provide screening of proposed new facilities from

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adjacent uses.
(4) In the event that the use of a facility has been
discontinued for a period of at least 90 consecutive days,
the county may deem the facility to be abandoned. In the
event of abandonment, the county may require that the
carrier remove the facility and restore the site. As part
of the permitting process for a proposed facility,
performance guarantees may be required to ensure the
facility removal and site restoration.
(5) Provided that the proposed new facility or facility
modification meets the requirements of this subsection
(j), the county may approve an application for a proposed
new facility or modification no later than 30 days after
submission of an application by the telecommunications
carrier. If a carrier's proposed facility or modification
does not meet the requirements of this subsection (j), then
the county may require the carrier to obtain a special use
permit pursuant to Section 5-12009.5 of this Division,
prior to the establishment of the new facility or facility
modification. In that case, the county's review and
decision on the application shall be completed within 120
days after the submission of an application. If the county
fails to act on an application within the required time
period, then the application shall be deemed to have been
approved.
(Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496,

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eff. 8-22-11; revised 9-28-11.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-13-1 as follows:
(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
Sec. 11-13-1. To the end that adequate light, pure air, and
safety from fire and other dangers may be secured, that the
taxable value of land and buildings throughout the municipality
may be conserved, that congestion in the public streets may be
lessened or avoided, that the hazards to persons and damage to
property resulting from the accumulation or runoff of storm or
flood waters may be lessened or avoided, and that the public
health, safety, comfort, morals, and welfare may otherwise be
promoted, and to insure and facilitate the preservation of
sites, areas, and structures of historical, architectural and
aesthetic importance; the corporate authorities in each
municipality have the following powers:
(1) to regulate and limit the height and bulk of
buildings hereafter to be erected;
(2) to establish, regulate and limit, subject to the
provisions of Division 14 of this Article 11, the building
or set-back lines on or along any street, traffic-way,
drive, parkway or storm or floodwater runoff channel or
basin;
(3) to regulate and limit the intensity of the use of

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lot areas, and to regulate and determine the area of open
spaces, within and surrounding such buildings;
(4) to classify, regulate and restrict the location of
trades and industries and the location of buildings
designed for specified industrial, business, residential,
and other uses;
(5) to divide the entire municipality into districts of
such number, shape, area, and of such different classes
(according to use of land and buildings, height and bulk of
buildings, intensity of the use of lot area, area of open
spaces, or other classification) as may be deemed best
suited to carry out the purposes of this Division 13;
(6) to fix standards to which buildings or structures
therein shall conform;
(7) to prohibit uses, buildings, or structures
incompatible with the character of such districts;
(8) to prevent additions to and alteration or
remodeling of existing buildings or structures in such a
way as to avoid the restrictions and limitations lawfully
imposed under this Division 13;
(9) to classify, to regulate and restrict the use of
property on the basis of family relationship, which family
relationship may be defined as one or more persons each
related to the other by blood, marriage or adoption and
maintaining a common household;
(10) to regulate or forbid any structure or activity

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which may hinder access to solar energy necessary for the
proper functioning of a solar energy system, as defined in
Section 1.2 of the Comprehensive Solar Energy Act of 1977;
(11) to require the creation and preservation of
affordable housing, including the power to provide
increased density or other zoning incentives to developers
who are creating, establishing, or preserving affordable
housing; and
(12) to establish local standards solely for the review
of the exterior design of buildings and structures,
excluding utility facilities and outdoor off-premises
advertising signs, and designate a board or commission to
implement the review process; except that, other than
reasonable restrictions as to size, no home rule or
non-home rule municipality may prohibit the display of
outdoor political campaign signs on residential property
during any period of time, the regulation of these signs
being a power and function of the State and, therefor, this
item (12) is a denial and limitation of concurrent home
rule powers and functions under subsection (i) of Section 6
of Article VII of the Illinois Constitution.
The powers enumerated may be exercised within the corporate
limits or within contiguous territory not more than one and
one-half miles beyond the corporate limits and not included
within any municipality. However, if any municipality adopts a
plan pursuant to Division 12 of Article 11 which plan includes

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in its provisions a provision that the plan applies to such
contiguous territory not more than one and one-half miles
beyond the corporate limits and not included in any
municipality, then no other municipality shall adopt a plan
that shall apply to any territory included within the territory
provided in the plan first so adopted by another municipality.
No municipality shall exercise any power set forth in this
Division 13 outside the corporate limits thereof, if the county
in which such municipality is situated has adopted "An Act in
relation to county zoning", approved June 12, 1935, as amended.
Nothing in this Section prevents a municipality of more than
112,000 population located in a county of less than 185,000
population that has adopted a zoning ordinance and the county
that adopted the zoning ordinance from entering into an
intergovernmental agreement that allows the municipality to
exercise its zoning powers beyond its territorial limits;
provided, however, that the intergovernmental agreement must
be limited to the territory within the municipality's planning
jurisdiction as defined by law or any existing boundary
agreement. The county and the municipality must amend their
individual zoning maps in the same manner as other zoning
changes are incorporated into revised zoning maps. No such
intergovernmental agreement may authorize a municipality to
exercise its zoning powers, other than powers that a county may
exercise under Section 5-12001 of the Counties Code, with
respect to land used for agricultural purposes. This amendatory

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Act of the 92nd General Assembly is declarative of existing
law. No municipality may exercise any power set forth in this
Division 13 outside the corporate limits of the municipality
with respect to a facility of a telecommunications carrier
defined in Section 5-12001.1 of the Counties Code.
The proposed addition of new antennae to an existing
telecommunications facility shall be permitted, and the
municipality's review and decision shall be completed within 60
days after submission of an application for the addition.
Notwithstanding any other provision of law to the contrary, 30
days prior to the issuance of any permits for a new
telecommunications facility within 1.5 miles of a
municipality, the telecommunications carrier constructing the
facility shall provide written notice of its intent to
construct the facility. The notice shall include, but not be
limited to, the following information: (i) the name, address,
and telephone number of the company responsible for the
construction of the facility, (ii) the address and telephone
number of the governmental entity that is to issue the building
permit for the telecommunications facility, (iii) a site plan
and site map of sufficient specificity to indicate both the
location of the parcel where the telecommunications facility is
to be constructed and the location of all the
telecommunications facilities within that parcel, and (iv) the
property index number and common address of the parcel where
the telecommunications facility is to be located. The notice

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shall not contain any material that appears to be an
advertisement for the telecommunications carrier or any
services provided by the telecommunications carrier. The
notice shall be provided in person, by overnight private
courier, or by certified mail to all owners of property within
250 feet of the parcel in which the telecommunications carrier
has a leasehold or ownership interest. For the purposes of this
notice requirement, "owners" means those persons or entities
identified from the authentic tax records of the county in
which the telecommunications facility is to be located. If,
after a bona fide effort by the telecommunications carrier to
determine the owner and his or her address, the owner of the
property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is
returned because the owner cannot be found at the last known
address, the notice requirement of this paragraph is deemed
satisfied. For the purposes of this paragraph, "facility" means
that term as it is defined in Section 5-12001.1 of the Counties
Code.
If a municipality adopts a zoning plan covering an area
outside its corporate limits, the plan adopted shall be
reasonable with respect to the area outside the corporate
limits so that future development will not be hindered or
impaired; it is reasonable for a municipality to regulate or
prohibit the extraction of sand, gravel, or limestone even when
those activities are related to an agricultural purpose. If all

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or any part of the area outside the corporate limits of a
municipality which has been zoned in accordance with the
provisions of this Division 13 is annexed to another
municipality or municipalities, the annexing unit shall
thereafter exercise all zoning powers and regulations over the
annexed area.
In all ordinances passed under the authority of this
Division 13, due allowance shall be made for existing
conditions, the conservation of property values, the direction
of building development to the best advantage of the entire
municipality and the uses to which the property is devoted at
the time of the enactment of such an ordinance. The powers
conferred by this Division 13 shall not be exercised so as to
deprive the owner of any existing property of its use or
maintenance for the purpose to which it is then lawfully
devoted, but provisions may be made for the gradual elimination
of uses, buildings and structures which are incompatible with
the character of the districts in which they are made or
located, including, without being limited thereto, provisions
(a) for the elimination of such uses of unimproved lands or lot
areas when the existing rights of the persons in possession
thereof are terminated or when the uses to which they are
devoted are discontinued; (b) for the elimination of uses to
which such buildings and structures are devoted, if they are
adaptable for permitted uses; and (c) for the elimination of
such buildings and structures when they are destroyed or

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damaged in major part, or when they have reached the age fixed
by the corporate authorities of the municipality as the normal
useful life of such buildings or structures.
This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit, except as provided in
item (12).
(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)".