Calumet City Zoning Code
SUPPLEMENTAL USE
STANDARDS
§ 153.155 INTENT; PURPOSE.
(Ord. 160, passed 4-21-2022)
§ 153.156 BUNGALOW, COTTAGE COURTS.
Bungalow or cottage courts shall be designed to meet the following development standards.
BUNGALOW/COTTAGE COURT STANDARDS
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BUNGALOW/COTTAGE COURT STANDARDS
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Area Requirements | |
Maximum Density | 18 dwelling units per acre |
Minimum Lot Size | 2,000 square feet per dwelling unit |
Open Space/Court Requirements | |
Limitations | Required setbacks, storm water management facilities, driveways and parking stalls shall not be included in the minimum open space/court calculations |
Minimum Area | 400 square feet per dwelling unit |
Orientation | Each court shall open directly to a street |
Parking and Accessory Structure Requirements | |
Accessory Buildings | Maximum 1 accessory building per dwelling unit not to exceed the ground floor area of the principal dwelling(s) accessory to |
Carports | Carports for covered parking may be allowed not to exceed 2 per dwelling unit and shall not be considered an accessory building |
Parking | Off-street parking prohibited between dwelling units within central designated court, and between development and right-of-way |
Principal Building Requirements | |
Entrances | Each unit shall have an entrance facing the court with direct sidewalk connectivity from the unit to the street |
Maximum First Floor Elevation Above Grade | 18 inches |
Maximum Number of Buildings | --- |
Maximum Square Feet | 1,000 gross square feet |
Minimum Number of Buildings | 3 |
Minimum Square Feet | 400 gross square feet |
Setbacks | |
Between Units | 5 feet |
Front | 10 feet |
Rear | 15 feet |
Side | 10 feet |
Examples (for illustrative purposes only) | |
 | |
(Ord. 160, passed 4-21-2022)
§ 153.157 ACCESSORY DWELLING UNITS.
(A) Accessory dwelling units (ADUs) are intended to provide flexible housing options in the village by allowing homeowners to establish a second dwelling unit on their property.
(B) ADUs are subject to the following standards.
(1) ADUs shall be limited to permitted districts and properties with single-family dwelling units as the principal use. ADUs shall be subordinate to the single-family dwelling unit.
(2) The owner of the property shall live on-site, either in the principal dwelling unit or the accessory dwelling unit.
(3) ADUs shall have their own separate entrance, kitchen, sleeping area and full bathroom facilities.
(4) ADUs may be attached to the single-family dwelling unit and may occupy a basement, first floor or second floor of the principal dwelling or may occupy a separate, detached accessory building.
(5) All ADUs shall meet applicable building and fire codes.
(6) Building materials and designs used on detached ADUs or additions to the principal dwelling for an attached ADU shall be of similar style as that of the principal dwelling.
(7) The minimum size living area shall be 300 square feet.
(8) The maximize size shall not exceed 800 square feet, or the size of the principal dwelling unit, whichever is less.
(Ord. 160, passed 4-21-2022)
§ 153.158 BED AND BREAKFAST INN ESTABLISHMENTS.
A bed and breakfast establishment shall meet the following standards:
(A) The exterior of the structure shall not be altered from its single-family character and appearance.
(B) There shall be no separate or additional kitchen facility or facilities for guests.
(C) The number of rental rooms permitted shall depend on the ability to accommodate parking at one space per room in accordance with the provisions of this chapter.
(Ord. 160, passed 4-21-2022)
§ 153.159 HOME OCCUPATIONS.
Home occupations shall not require a zoning permit and may be carried on in a dwelling or accessory building to that dwelling under the following conditions:
(A) Customary home occupations such as instruction in a craft or fine art, cottage industries, specialty catering, professional offices, dress-making, bookkeeping, accounting, real estate and insurance sales and similar gainful employment shall only be permitted.
(B) Home occupations shall only be permitted when carried on by the occupant of the dwelling.
(C) A home occupation shall not be allowed if the essential character of a lot or building within a zoning district (in terms of use, traffic generation, noise, odor, vibration, electrical interference or appearance, including signage) is changed by the home occupation.
(D) A home occupation shall not be allowed that commonly has regularly-scheduled appointments that occur at such a frequency as to be disruptive to neighboring properties.
(E) The area utilized for the home occupation shall not exceed 25% of the floor area of one story of the dwelling whether or not the dwelling or an accessory building is so utilized.
(F) All activities involved in the home occupation (other than parking) shall take place within the dwelling or accessory building.
(G) Professional offices shall be occupied by not more than one professional practitioner with no more than one full-time equivalent employee unless all additional persons employed are members of the family occupying the principal structure.
(H) No retail or other sales shall be permitted on the premises unless they are clearly incidental and directly related to the conduct of the home occupation.
(I) The principal use of the parcel shall be a dwelling and the operator of a home occupation shall make the dwelling unit within which the home occupation is conducted his or her legal and primary place of residence, where all activities such as sleeping, eating, entertaining and other functions and activities normally associated with home life are conducted.
(J) All building, housing, fire and other local or state codes and ordinances shall be adhered to for home occupations.
(Ord. 160, passed 4-21-2022) Penalty, see § 153.999
§ 153.160 AUTOMOBILE REPAIR.
(A) Minor repair.
(1) All repairs shall be conducted within an enclosed building.
(2) Outside noise shall not exceed 60 dBA at the property line.
(3) Established parking spaces shall not be used for repairs. All vehicles remaining on the property overnight shall be stored inside the building or in the rear yard.
(4) The selling of vehicles and trailers shall be prohibited on-site.
(5) (a) All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner.
(b) Storage, use and removal of toxic substances, solid waste pollution and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable federal, state and local regulations.
(B) Major repair.
(1) All repairs shall be conducted within an enclosed building or within a screened area in the rear or side yards.
(2) (a) An opaque fence or masonry wall with a minimum height of six feet shall surround all areas designated for the temporary outdoor storage of equipment and materials or repairs.
(b) The finished side of any fence or wall shall face adjacent properties.
(3) Outside noise shall not exceed 60 dBA at the property line.
(4) Established parking spaces shall not be used for vehicle repairs. All vehicles remaining on the property overnight shall be stored inside the building or in the rear yard.
(5) The selling of vehicles and trailers shall be prohibited on-site.
(6) (a) All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner.
(b) Storage, use and removal of toxic substances, solid waste pollution and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable federal, state and local regulations.
(C) Sales and rental. Outdoor sales space for the exclusive sale, lease or rental of new or used automobiles, recreational vehicles, boats, trailers or similar items shall be subject to the following.
(1) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained to dispose of all surface water accumulated within the area.
(2) Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.
(3) No major automobile repair, as defined in this chapter, shall be done on the lot unless as an approved use meeting the applicable standards of this chapter.
(4) All exterior site lighting shall be subject to the applicable requirements of § 153.098.
(5) Elevated display stands of vehicles are prohibited.
(6) The minimum lot frontage requirement of a parcel for outdoor sales space for the exclusive sale, lease or rental of new or used automobiles, recreational vehicles, boats, trailers or similar items shall be 100 feet.
(7) A minimum eight-foot wide landscape area shall be provided between the sidewalk or property line, whichever is greater, and the parking or display area of the vehicles.
(8) (a) All parking and display spaces shall have a raised curb or parking block located to prevent cars from parking on the lawn panel, grass and the like.
(b) Parking blocks shall be 72 inches long, eight inches wide and five inches tall.
(9) No vehicles shall be parked or displayed in any yard setback.
(10) No more than two such uses shall be permitted within 400 feet of each other, measured between property lines.
(D) Service stations.
(1) Enclosed building. All accessory uses and services shall be conducted within a completely enclosed building with the exception of vacuuming stations which may be permitted outside but shall be a minimum of 25 feet from and property line of a residential district or use.
(2) Minimum site size. Ten thousand square feet.
(3) Site location.
(a) The proposed site shall have at least one property line on a major thoroughfare.
(b) The automotive services site, or sites, shall be located where it can be away from patterns of pedestrian circulation and have direct unencumbered access to traffic arteries.
(4) Curbing and paving.
(a) A raised curb of at least six inches in height shall be erected along all of the street property lines, except at driveway approaches.
(b) The area used for servicing vehicles within the automotive services property lines shall be paved with a permanent surface of concrete or asphalt.
(5) Hazardous materials.
(a) All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner.
(b) Storage, use and removal of toxic substances, solid waste pollution and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable federal, state and local regulations.
(Ord. 160, passed 4-21-2022)
§ 153.161 DRIVE IN, DRIVE THROUGH SERVICES.
(A) Ingress and egress points shall be located no closer than 60 feet from the intersection of any two streets (measured from the nearest right-of-way line).
(B) (1) Driveways shall be limited to one per parcel.
(2) The Planning Commission may waive this limitation if the property has frontage on two streets, so long as a traffic impact study warrants a second driveway on the second street frontage and can demonstrate that no negative impact on the traffic network will be created by the addition of a second driveway.
(C) Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.
(D) A drive-through window shall provide queuing spaces for each drive-through window.
(Ord. 160, passed 4-21-2022)
§ 153.162 NEIGHBORHOOD COMMERCIAL ESTABLISHMENTS.
Neighborhood commercial establishments shall be permitted in allowable residential zoning districts subject to the following standards.
(A) Neighborhood commercial establishments shall only be located on a corner lots.
(B) Commercial uses shall be limited to the first floor of the building and shall not exceed a total of 3,000 square feet of space dedicated to and associated with the commercial use.
(C) Residential uses shall be permitted on upper floors.
(D) Hours of operation for commercial uses shall be limited to between 7:00 a.m. and 10:00 p.m.
(E) Permitted uses shall be limited to the following, as defined in this chapter:
(1) Child care centers;
(2) Personal services;
(3) Professional services;
(4) Retail sales establishments (general);
(5) Retail sales establishments (food and beverage); and
(6) Restaurants.
(Ord. 160, passed 4-21-2022)
§ 153.163 SEXUALLY ORIENTED BUSINESSES.
(A) (1) The purpose and intent of the section pertaining to the regulation of sexually oriented businesses is to regulate the location and operation of, but not to exclude, sexually oriented businesses within the village, and to minimize their negative secondary effects.
(2) It is recognized that sexually oriented businesses, because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects upon nearby residential, educational, religious, and other similar public and private uses.
(B) The regulation of sexually oriented businesses is necessary to ensure that their negative secondary effects will not contribute to the blighting and downgrading of surrounding areas and will not negatively impact the health, safety and general welfare of village residents.
(C) (1) The provisions of this section are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adults access to sexually oriented businesses and their products, or to deny sexually oriented businesses access to their intended market.
(2) Neither is it the intent of this section to legitimatize activities which are prohibited by village ordinances, or state or federal law
(D) If any portion of this section relating to the regulation of sexually oriented businesses or referenced in those sections is found to be invalid or unconstitutional by a court of competent jurisdiction, the village intends said portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law.
(E) The village further states that it would have passed and adopted what remains of any portion of this section relating to regulation of sexually oriented businesses following the removal, reduction or revision of any portion so found to be invalid or unconstitutional.
(1) No sexually oriented business shall be greater than 5,000 square feet.
(2) No sexually oriented business shall be established on a parcel within 500 feet of any residence, public or private school, religious institution, public park, state licensed child care facility, or residential zoning district.
(3) No sexually oriented business shall be permitted in a location in which any principal or accessory structure, including signs, is within 1,000 feet of any principal or accessory structure of another sexually oriented business.
(4) For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) or zoning district identified in division (E)(2) above.
(5) The proposed use shall conform to all specific density and setback regulations of the zoning district in which it is located.
(6) The proposed use must meet all applicable written and duly promulgated standards of the village and other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and/or governmental agencies has been obtained or is reasonably assured.
(7) The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or adjacent roadways.
(8) Any sign or signs proposed for the sexually oriented business must comply with the provisions of this section, and shall not otherwise include photographs, silhouettes, drawings, or pictorial representations of any type, or include animated or flashing illumination.
(9) Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls in a location clearly visible to those entering and exiting the business, and using lettering no less than two inches in height that:
(a) “Persons under the age of 18 are not permitted to enter the premises”; and
(b) “No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission”.
(10) No product or service for sale or gift, or any picture or other representation of any product or service or gift, shall be displayed so as to be visible from the nearest adjoining sidewalk, street or a neighboring property.
(11) Hours of operation shall be limited to 12:00 p.m. (noon) to 12:00 a.m. (midnight).
(12) Any booth, room or cubicle available in any sexually oriented business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities:
(a) Shall be handicap accessible to the extent required by the Americans With Disabilities Act;
(b) Shall be unobstructed by any door, lock or other entrance and exit control device;
(c) Has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant;
(d) Is illuminated such that a person of normal visual acuity looking into the booth, room or cubicle from its entrance adjoining the public lighted aisle can clearly determine the number of people within; and
(e) Has no holes or openings in any interior or exterior walls not relating to utility, ventilation or temperature control services or otherwise required by any governmental building code or authority.
(Ord. 160, passed 4-21-2022)
§ 153.164 OFF-SITE PUBLIC OR PRIVATE PARKING FACILITIES.
(A) Ingress and egress. All points of ingress and egress shall be positioned as to not create a nuisance from noise, vehicle lights or other disturbances to adjacent residentially-zoned properties or uses.
(B) Surface parking lots. All public or private surface parking lots shall be completely screened on all sides with a landscape hedge, masonry wall, opaque fence or combination thereof that shall have a minimum height of three feet six inches.
(C) Parking structures.
(1) Parking structures in which all parking is completely enclosed within a structure shall be exempt from the screening requirements of surface parking lots.
(2) All other applicable landscaping requirements in § 153.096 shall be incorporated. The architecture of the parking structure shall be consistent and/or compatible with the development of the surrounding neighborhood.
(Ord. 160, passed 4-21-2022)
§ 153.165 CONTRACTOR STORAGE YARDS.
(A) No equipment or materials shall be stored in the required front, side or rear setbacks.
(B) If a building exists on a parcel, the outdoor storage of equipment and materials shall only occur in the side or rear yards.
(C) An opaque fence or masonry wall with a minimum height of six feet shall surround all areas designated for the outdoor storage of equipment and materials. The finished side of any fence or wall shall face adjacent properties.
(Ord. 160, passed 4-21-2022) Penalty, see § 153.999
§ 153.166 EXTRACTIVE INDUSTRIES.
(A) All uses shall be established and maintained in accordance with all applicable state statutes.
(B) The Village Council may require the applicant to file a performance bond of sufficient amount to assure completion of the work following excavation, as required by this section.
(C) No fixed machinery shall be erected or maintained within 100 feet of any property or street line.
(D) The use shall be enclosed by a fence or suitable plantings six feet or more in height for the entire periphery of the property.
(E) No slope shall exceed an angle with the horizontal of 45 degrees.
(F) At all stages of operations, pits or quarries shall be completely and continually drained of water when not in use or supervised by a watchman. All slopes and banks shall be graded and treated to prevent erosion or any other potential deterioration.
(G) No building shall be erected on the premises except as temporary shelter for machinery or field
office.
(H) The Village Council shall establish routes for truck movement to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the village. That portion of access roads within the area of operation shall be provided with a dustless surface.
(I) All installations shall be maintained in a neat, orderly condition so as to prevent injury to property, any individual or the village in general.
(J) Proper measures, as determined by the Village Council, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include limitations upon the practice of stockpiling excavating materials on the site.
(K) When excavation and removal operations are completed, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of three to one in horizontal-vertical gradient. A layer of gravel topsoil shall be spread over the excavated areas to minimum depth of four inches in accordance with an approved contour plan furnished by the applicant. The area shall be seeded with a perennial rye grass, or other similar soil-holding material, and maintained by the applicant until the area is stabilized.
(Ord. 160, passed 4-21-2022)
§ 153.167 OUTDOOR STORAGE, SALES AND DISPLAYS.
(A) Outdoor storage. Storage of commercial materials or goods outdoors shall be prohibited except where allowed in §§ 153.062 through 153.067. All allowed outdoor storage must take place in a rear or side yard, screened from view, and be an accessory use incidental to the principal use of the parcel.
(B) Outdoor sales and displays. The outdoor display of goods for retail sale shall be allowed as an accessory use to an approved or permitted principal use where goods are commonly sold subject to the following standards.
(1) All outdoor displays shall be located within five feet of the principal structure.
(2) Outdoor display areas located elsewhere on the property shall only be allowed if part of an approved site plan and must be screened from residential uses or districts.
(3) Outdoor displays shall not inhibit safe pedestrian circulation and shall not reduce the unobstructed width of any sidewalk below three feet.
(4) Outdoor displays shall not be located within any public rights-of-way unless authorized by the applicable road agency.
(5) Outdoor displays shall not inhibit vehicle circulation onto or within the site and shall not be located within any off-street parking area. Clear lines of site for pedestrians and vehicles shall not be obstructed by outdoor displays.
(6) Outdoor displays shall not be used as a means of creating additional signage on-site.
(7) All outdoor display areas shall be kept clean and orderly and shall not generate trash onto neighboring properties.
(Ord. 160, passed 4-21-2022)
§ 153.168 SOLAR ENERGY FARMS.
(A) Intent and purpose.
(1) To allow and promote the use of solar energy within the village as a clean alternative energy source and to provide associated placement, land development, installation and construction regulations for solar energy farm facilities subject to reasonable conditions that will protect the residents’ public health, safety and welfare.
(2) These regulations establish the minimum requirements for solar energy farm facilities, while promoting a renewable energy source in a safe, effective and efficient manner.
(B) Standards.
(1) Minimum lot size. There is no minimum lot size. Each solar energy farm is permitted as a use authorized by special land use permit which review will consider its appropriateness with the context of the surrounding area.
(2) Height restrictions. All photovoltaic solar panels and support structures located in a solar energy farm shall be restricted to a maximum height of 16 feet when orientated at maximum tilt.
(3) Setbacks. All photovoltaic solar panels and support structures associated with such facilities (excluding perimeter fencing) shall be set back a minimum of 50 feet from all property lines. If the right-of-way exists as an easement, the 50-foot setback shall be measured from the edge of the easement. Solar panels shall be kept at least 200 feet from an existing residential dwelling, measured to the nearest point on the residential structure. Any additional setback requirements in this chapter that exceed this requirement shall be adhered to, including but not limited to setbacks from streams, lakes and wetlands.
(4) Maximum lot coverage.
(a) Maximum lot coverage restrictions shall not apply to the photovoltaic solar panels.
(b) Any other regulated structures on the parcel are subject to the maximum lot coverage restrictions of the underlying zoning district.
(5) Safety/access. A security fence (height and material to be proposed and reviewed/ approved through the special land use permit approval process) shall be placed around the perimeter of the solar energy farm and electrical equipment. Knox boxes and keys shall be provided at locked entrances for security personnel access.
(6) Noise. No solar energy farm shall exceed 60 dBA as measured at the property line.
(7) Glare.
(a) Solar energy farm facilities shall be located or placed so that concentrated solar glare shall not be directed toward or onto nearby properties or rights-of-way at any time of the day.
(b) Support structures shall be of a single, non-reflective matte finish that is consistent throughout the project.
(8) Landscaping. The special land use permit application for a solar energy farm shall include a proposed landscape plan prepared by a licensed landscape architect. This plan will be reviewed through the special land use permit approval process to assure the proposed facility is appropriately landscaped in relation to adjacent land uses and road rights-of-way. A landscape plan shall meet following standards:
(a) Plans. A plan view that meets the landscape plan requirements in § 153.096 of the entire project and a rendered view illustrating the view from public rights-of-way.
(b) Buffer. A 25-foot wide landscape buffer shall consist of two rows of staggered evergreen trees that at planting shall be a minimum of four feet in height. If a solar energy farm is adjacent to a residential dwelling or district, then the minimum height shall be eight feet at the time of planting. The evergreen trees shall be spaced no more than 15 feet apart on center, measured from the central trunk of one tree to the central trunk of the next tree. The buffer shall also consist of native grasses, wildflowers or plants which will provide wildlife and pollinator habitat, soil erosion protection and/or aid in strengthening the soil structure. The buffer shall be required under the following conditions:
1. Along the property line adjacent to all residential zoning districts;
2. If solar panels are located within 50 feet of a public road right-of-way; and
3. Along the property line for the portion of the project within a 50-foot radius of a residential dwelling in a nonresidential zoning district.
(c) Credit for existing conditions. Existing topographical features and existing wooded areas may be accepted in lieu of or in combination with the above by approval of the Planning Commission.
(d) Planting timeline. The required trees shall be planted between April 1 and September 15. If construction of the solar energy farm begins after August 15, the required plantings shall be installed by May 1 the following calendar year.
(e) Financial guarantee. A bond, letter of credit or cash surety shall be provided in the amount equal to one and one-half times the cost of the required plantings that the village shall hold until the next planting season.
(f) Maintenance. The required plantings shall be continuously maintained in a healthy condition. Dead evergreen foliage shall be replaced.
(9) Local, state and federal permits. Solar energy farms shall be required to obtain all necessary permits and licensing from the village, the county, the state and the U.S. Government as applicable prior to construction and shall maintain any necessary approvals as required by the respective jurisdictions or agencies.
(10) Electrical interconnections. All electrical interconnections or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of aboveground transmission lines shall be prohibited within the site.
(1) Project description and rationale. Identify the type, size, rated power output, performance, safety and noise characteristics of the system including the transmission line/grid connection for the project. Identify the project construction time frame, project life, development phases (and potential future expansions) and likely markets for the generated energy.
(2) Analysis of on-site traffic. Estimated construction jobs and estimated permanent jobs associated with the development.
(3) Visual impacts. Graphically demonstrate the visual impact of the project using photos or renditions of the project with consideration given to setbacks and proposed landscaping.
(4) Environmental analysis. Identify impacts on surface and groundwater quality and any impacts to established natural or constructed drainage features in the area.
(5) Waste. Identify any solid or hazardous waste generated by the project.
(6) Lighting.
(a) Provide photometric plans showing all lighting within the facility. No light may adversely affect adjacent parcels.
(b) All lighting must be shielded from adjoining parcels. Light poles are restricted to a maximum height of 18 feet.
(7) Transportation plan.
(a) Provide a proposed access plan during construction and operational phases. Show proposed project service road ingress and egress locations onto adjacent roadways and the layout of facility service road system.
(b) 1. Due to infrequent access following construction, it is not required to pave or curb solar energy farm access drives.
2. It shall be required to pave and curb any driveways and parking lots used for occupied offices that are located on-site.
(8) Public safety. Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public rights-of-way and to the general public that may be created.
(9) Sound limitations. Identify noise levels at the property lines of the project when completed and operational.
(10) Telecommunications interference. Identify any electromagnetic fields and communications interference that may be generated.
(11) Life of the project and final reclamation.
(a) Describe the decommissioning and final reclamation plan after the anticipated useful life or abandonment/termination of the project.
(b) This includes supplying evidence of an agreement with the underlying property owner that ensures proper removal of all equipment and restoration of the site within six months of decommissioning or abandonment of the project.
(c) To ensure proper removal of the project upon abandonment/termination, a bond, letter of credit or cash surety shall be:
1. In an amount approved by the Village Council to be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments;
2. Based on an estimate prepared by the engineer for the applicant, subject to approval of the Village Council, provided to the village prior to the issuance of a zoning permit; and
3. The village, in addition to any other remedy under this chapter, may pursue legal action to abate the violation by seeking to remove the project and recover any and all costs, including attorney fees.
(Ord. 160, passed 4-21-2022)
§ 153.169 TELECOMMUNICATION TOWERS.
(A) Intent and purpose. The intent of this section is to ensure commercial and governmental communication towers are constructed and placed in a manner which will protect public health, safety and welfare, and where impact on the surrounding community will be minimized.
(B) Applicable standards. Communication towers are permitted, through the special land use permit process, if all of the following requirements are met.
(1) The communication tower is located in the CC, LIW or PSP District, or on property owned by village government.
(2) The communication tower complies with all applicable FCC and FAA regulations, and all applicable building codes.
(3) (a) Communication towers are not to exceed the minimum height needed for the intended purpose.
(b) This height must be determined via propagation prediction software or actual field strength measurements.
(c) These reports are to be provided to the village for review during the application process. However, under no circumstance may a tower be higher at its highest point than 75 feet. TOTAL HEIGHT is defined as measured from the preconstruction grade elevation to the highest point on the tower including any attached antennas.
(4) Communication towers must be sited a distance equal to at least 100% of the total height of the tower, from any adjoining lot line.
(5) Supports, guys and accessory buildings must adhere to minimum zoning district setback requirements.
(6) The design of buildings, cabinets and all other structures related to communication towers shall incorporate materials, colors, textures and screening and landscaping, that causes them to blend into the natural setting and/or surrounding buildings, and shall be screened from the view of adjacent properties and streets.
(7) Existing mature trees and natural land grades on the site are to be preserved to the maximum extent possible.
(8) The tower shall not use blinking or flashing lights or strobes, unless mandated by the FAA. If lighting is required, the lighting must cause the least disturbance to all surrounding properties and views.
(9) Any tower that is not in operation for a continuous period of 12 months is considered abandoned, and the owner must remove the same within 90 days of receipt of notice from the village.
(Ord. 160, passed 4-21-2022)