Statutes > Illinois Statutes > CHAPTER 55 COUNTIES > 55 ILCS 5/ Counties Code. > Division 5-12 - Zoning

Division 5-12 - Zoning


      (55 ILCS 5/Div. 5‑12 heading)
Division 5‑12. Zoning

    (55 ILCS 5/5‑12001)(from Ch. 34, par. 5‑12001)
    Sec. 5‑12001. Authority to regulate and restrict location and use of structures.
    For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the county, lessening or avoiding congestion in the public streets and highways, and lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters, the county board or board of county commissioners, as the case may be, of each county, shall have the power to regulate and restrict the location and use of buildings, structures and land for trade, industry, residence and other uses which may be specified by such board, to regulate and restrict the intensity of such uses, to establish building or setback lines on or along any street, trafficway, drive, parkway or storm or floodwater runoff channel or basin outside the limits of cities, villages and incorporated towns which have in effect municipal zoning ordinances; to divide the entire county outside the limits of such cities, villages and incorporated towns into districts of such number, shape, area and of such different classes, according to the use of land and buildings, the intensity of such use (including height of buildings and structures and surrounding open space) and other classification as may be deemed best suited to carry out the purposes of this Division; to prohibit uses, buildings or structures incompatible with the character of such districts respectively; and 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 hereunder: Provided, that permits with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes shall be issued free of any charge. The corporate authorities of the county may by ordinance require the construction of fences around or protective covers over previously constructed artificial basins of water dug in the ground and used for swimming or wading, which are located on private residential property and intended for the use of the owner and guests. In all ordinances or resolutions passed under the authority of this Division, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire county, and the uses to which property is devoted at the time of the enactment of any such ordinance or resolution.
    The powers by this Division given 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 (i) the gradual elimination of the uses of unimproved lands or lot areas when the existing rights of the persons in possession are terminated or when the uses to which they are devoted are discontinued, (ii) the gradual elimination of uses to which the buildings and structures are devoted if they are adaptable to permitted uses, and (iii) the gradual elimination of the buildings and structures when they are destroyed or damaged in major part; nor shall they be exercised so as to impose regulations, eliminate uses, buildings, or structures, or require permits with respect to land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land, other than parcels of land consisting of less than 5 acres from which $1,000 or less of agricultural products were sold in any calendar year in counties with a population between 300,000 and 400,000 or in counties contiguous to a county with a population between 300,000 and 400,000, and other than parcels of land consisting of less than 5 acres in counties with a population in excess of 400,000, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land except that such buildings or structures for agricultural purposes may be required to conform to building or set back lines and counties may establish a minimum lot size for residences on land used for agricultural purposes; nor shall any such powers be so exercised as to prohibit the temporary use of land for the installation, maintenance and operation of facilities used by contractors in the ordinary course of construction activities, except that such facilities may be required to be located not less than 1,000 feet from any building used for residential purposes, and except that the period of such temporary use shall not exceed the duration of the construction contract; nor shall any such powers include the right to specify or regulate the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in the Public Utilities Act, if the public utility is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public Utilities Revenue Act, or if such facilities or equipment are located on any rights of way and are used for railroad purposes, nor shall any such powers be exercised with respect to uses, buildings, or structures of a public utility as defined in the Public Utilities Act, nor shall any such powers be exercised in any respect as to the facilities, as defined in Section 5‑12001.1, of a telecommunications carrier, as also defined therein, except to the extent and in the manner set forth in Section 5‑12001.1. As used in this Act, "agricultural purposes" do not include the extraction of sand, gravel or limestone, and such activities may be regulated by county zoning ordinance even when such activities are related to an agricultural purpose.
    Nothing in this Division shall be construed to restrict the powers granted by statute to cities, villages and incorporated towns as to territory contiguous to but outside of the limits of such cities, villages and incorporated towns. Any zoning ordinance enacted by a city, village or incorporated town shall supersede, with respect to territory within the corporate limits of the municipality, any county zoning plan otherwise applicable. The powers granted to counties by this Division shall be treated as in addition to powers conferred by statute to control or approve maps, plats or subdivisions. In this Division, "agricultural purposes" include, without limitation, the growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, or other farm seeds.
    Nothing in this Division shall be construed to prohibit the corporate authorities of a county from adopting an ordinance that exempts pleasure driveways or park districts, as defined in the Park District Code, with a population of greater than 100,000, from the exercise of the county's powers under this Division.
    The powers granted by this Division may be used 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.
(Source: P.A. 94‑303, eff. 7‑21‑05.)

    (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 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 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;
        (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 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 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 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 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
     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:
        (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 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 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 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 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