This chapter establishes lot and structure requirements, design standards and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit, but if more stringent regulations are applicable in any particular district, such regulations shall prevail. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

Any circus or carnival established in any zoning district shall comply with the following additional standards and criteria:

A.

Circuses and carnivals, when operated or sponsored by a religious, civic, or institutional not for profit group may be operated for a period that shall not exceed one week and shall not occur more than twice in any calendar year on the same lot. No circus and carnival may occur on a lot which, in the opinion of the zoning administrator, police chief or fire chief, will pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property or insufficient parking is made available. Such use may not be located in any residential district, except on park, church, or school property, and shall comply with the yard requirements of the district in which it is located.

B.

Circuses and carnivals shall comply with the amusement permit requirements in title 3, chapter 4 of this code. (Ord. 2007-13, 3-26-2007)

A.

Barbed Wire or Electric Fences: No barbed wire or electrically charged fence shall be erected or maintained anywhere in this municipality, except in the agricultural districts and in the industrial districts. (Ord. 1995-13, 11-13-1995, eff. 12-2-1995)

B.

Location in Public Right-of-Way Prohibited: No fence, wall or other obstruction shall be erected within any public right of way. (Ord. 1987-4, 9-28-1987)

C.

Height Restrictions: Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections. (See subsection 9-3-13A7 of this title.)

D.

Types of Fences: For purposes of this section, there shall be two (2) types of fences:

1.

Type I: A fence in which the openings in the materials of which the fence is constructed represent more than seventy percent (70%) of the area of the fence and which do not interfere with visibility through or the free passage of air through the fence.

2.

Type II: All fences other than type I fences.

E.

Regulations for All Residential Zoning Districts:

1.

Type I fences may be erected to a height not exceeding six feet (6') anywhere on a lot.

2.

Type II fences may be erected to a height not exceeding four feet (4') in a front yard or in a required side yard adjacent to the side of a principal structure on an adjoining lot.

3.

Type II fences may be erected to a height not exceeding six feet (6') to the rear of the principal structure on an adjoining lot.

F.

Regulations for All Zoning Districts Other Than Residential Districts:

1.

Type I fences may be erected to any height anywhere on a lot.

2.

Type II fences may be erected to a height not exceeding four feet (4') in a required yard. Type II fences erected in a required yard adjacent to property in a residential zoning district shall comply with the requirements for type II fences in such residential districts; provided, however, the height of such fences may be increased with a special use permit. A type II fence which complies with the setback requirements for principal structures may be erected to the heights permitted for principal structures. (Ord. 1991-2, 9-9-1991)

G.

Regulations for All Zoning Districts: No fence shall be hereinafter erected along, parallel to, or substantially parallel to an adjoining property line unless the finished side of said fence faces the adjoining property. If a fence is erected with posts and supports, it is presumed that the side in which the posts and supports are more visible is the "unfinished side". Fences which are hereafter erected in violation of this subsection are hereby declared to be a nuisance and may be abated as such. (Ord. 1993-10, 7-26-1993)

A.

Duration: No garage sale shall exceed three (3) consecutive days in one month.

B.

Dwelling Alterations: A principal residential building shall not be altered to accommodate a garage sale in such a way as to materially change the residential character of the building.

C.

Outdoor Storage: Outdoor unenclosed storage of materials used for a garage sale is prohibited.

D.

Nuisances: A garage sale shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interferences noticeable at or beyond the lot lines.

E.

Parking: See chapter 5 of this title.

F.

Signs: All signs shall be temporary. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

A.

Storage of Offensive Materials: No fertilizer, compost, manure or other odor or dust producing substance shall be stored closer than one hundred feet (100') to any lot line.

B.

Heating Plants: Greenhouse heating plants shall be situated in an enclosed structure and shall not be closer than fifty feet (50') to any lot line. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980; amd. Ord. 1991-2, 9-9-1991)

No "home based business", as defined herein, shall hereafter be established, altered or enlarged in any residential district unless such home based business complies with the use limitations imposed by this section.

A.

Purpose: Home based businesses are a necessary and desirable part of the development of a community, but if left unchecked can have a deleterious effect on the value, use and enjoyment of adjoining property and the neighborhood. Therefore, it is necessary to establish performance standards to measure the appropriateness of the many diverse home based businesses in Cortland neighborhoods. It is the intent of this section to:

1.

Ensure the compatibility of home based businesses with other uses permitted in residential zoning districts;

2.

Maintain and preserve the character of residential neighborhoods;

3.

Promote the efficient use of public services and facilities by assuring that services are provided to the residential population for which they were planned and constructed, rather than provided to commercial uses; and

4.

Prevent the generation of vehicular or pedestrian traffic in greater volumes than would normally be expected in a residential neighborhood.

B.

Performance Standards: In addition to all of the use limitations applicable in the district in which a home-based business is located, no home-based business shall be permitted unless it complies with the following performance standards in all residence districts:

1.

Employees: Not more than one person who is not a member of the immediate family occupying such dwelling unit shall be employed on the premises in connection with the occupation.

2.

Signs: Not more than one nonilluminated sign not to exceed three (3) square feet in area, in a window or attached flat to a wall of the residence or accessory structure in which the home-based business is located shall advertise the presence or conduct of a home-based business.

3.

Wholesale and Retail Uses: No wholesale, jobbing or retail business shall be permitted unless sales are conducted entirely by mail, telephone or by appointment and the business does not involve the receipt, shipment, delivery (except by U.S. mail or overnight package delivery service) or storage of merchandise on or from the premises.

4.

No Exterior Evidence: Except for a sign as permitted by subsection B.2 of this section, there shall be no activity, structural alteration, or other exterior evidence that the dwelling unit is being used for any nonresidential purpose in order to conduct the home-based business.

5.

Incidental Use: No more than twenty-five percent (25%) of the living area of a dwelling shall be devoted to the home-based business.

6.

Equipment: No mechanical or electrical equipment may be used except such types as are customary for purely domestic, household, hobby purposes, or used in a manner to indicate that the structure is being used for a nonresidential purpose. Furthermore, no equipment which creates noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district shall be used in such home-based business.

7.

Outdoor Storage: There shall be no storage outside a principal building or accessory structure of equipment or materials or products used in the home-based business.

8.

Enclosure: The home-based business shall be conducted entirely within the principal residential building or in a private garage or other building accessory thereto.

9.

Residential Character: The home-based business shall be conducted in a manner which would not cause the premises to differ from its residential character either by use of colors, materials, lighting, or the emission of sounds, noises, or vibrations.

10.

Traffic: The home-based business shall not have an adverse effect on the neighborhood through the congestion of town streets.

11.

Scale of Business: The home-based business shall be incidental and subordinate to the principal use of a building used as a dwelling.

12.

Displays: No article or stock-in-trade shall be displayed such that it is visible from the exterior of the dwelling units.

13.

Customer Sales and Pickup: Direct sales of products from the dwelling unit are prohibited, but a person may pickup an order placed earlier.

14.

Origin of Goods: Goods that are the subject of the home-based business may be fabricated or produced on the premises, as well as manufactured elsewhere, subject to the further regulations in this section.

15.

Parking: The conduct of the home-based business shall not require more vehicle parking spaces than exists on the residential driveway on the property, or on assigned parking spaces serving the dwelling unit. The conduct or operation of a home-based business shall not reduce or render unusable any areas provided for required off-street parking, or prevent the number of cars intended to be parked in a garage from doing so. Parking for any employees shall be provided off-street on the property.

16.

Human Care Services and Personal Instruction: Home based businesses involving human care services or personal instruction shall be limited to the care of humans for babysitting services and licensed daycare homes, and personal instruction for not more than three (3) individuals at one time.

17.

Zoning District Regulations: The building or structure in which a home based business is located shall be subject to the regulations of the zoning district in which it is located.

C.

Particular Home Based Businesses Prohibited: Any home based business that cannot satisfy the requirements of subsection B of this section, shall be prohibited. Prohibited home based businesses include, but are not limited to, the following occupations:

1.

Funeral homes.

2.

Catering.

3.

Nursery schools and daycare centers.

4.

Restaurants.

5.

Stables, kennels, or animal hospitals.

6.

Tourist homes and lodging houses.

7.

Medical or dental offices, clinics or hospitals.

8.

Antique shops or sales.

9.

Barbershops and beauty shops, having more than two (2) cutting chairs.

10.

Motor vehicle body shops and repair shops.

11.

Museums or galleries.

D.

Additional Standards for Seasonal Home Based Businesses: In addition to the standards set forth in this section, a seasonal home based business shall comply with the following standards.

1.

Definition: For the purpose of this section, a "seasonal home based business" shall mean a home based business devoted to the production, processing, or sale of agriculture goods and products produced on the property that is not in the AG district.

2.

Minimum Lot Size: A seasonal home based business shall not be established on a lot having less than twelve thousand (12,000) square feet.

3.

Duration of Business: A seasonal home based business shall be operational for no more than four (4) months in any calendar year.

4.

Signs: A seasonal home based business may display not more than one freestanding sign not to exceed twelve (12) square feet in area on the premises only during the duration of the seasonal home based business. (Ord. 1998-11, 9-28-1998)

A.

Hospital Lots: The lot on which any hospital or sanitarium is situated shall have a minimum width and depth of two hundred feet (200') and a minimum area of five (5) acres.

B.

Nursing Home Lots: The lot on which any nursing home is situated shall have a minimum width and depth of two hundred feet (200') and a minimum area of two (2) acres.

C.

Building Location: The principal building of any hospital, sanitarium or nursing home shall be located at least twenty five feet (25') from all lot lines. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

A.

Location: No part of any junkyard, which includes any lot on which three (3) or more inoperable vehicles are stored, shall be located closer than five hundred feet (500') to the boundary of any residential district.

B.

Storage and Screening Requirements: All vehicles, parts and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence or closely planted shrubbery at least ten feet (10') high and of sufficient density to block the view from adjacent property. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

A.

Lot Area: The lot on which any kennel is situated shall have a minimum area of three (3) acres.

B.

Location: Every kennel shall be located at least two hundred feet (200') from the nearest dwelling, and at least one hundred feet (100') from any lot line. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

All daycare centers and daycare homes shall be licensed by the Illinois department of children and family services.

A.

Outdoor Recreation Areas: Outdoor recreation areas shall be provided as required by the Illinois department of children and family services. No outdoor recreation areas shall be located in a required front or corner side yard.

B.

Parking and Circulation: In addition to the off street parking required in subsection 9-5-7.B of this title, public streets shall not be used as a designated passenger drop off area, nor shall circulation on the property interfere with the movement of vehicles on adjacent thoroughfares and alleys or adjacent properties.

C.

Daycare Homes: Except for subsections 9-4-6.B.8 and B.13 of this chapter, daycare homes shall comply with the performance standards set forth in subsection 9-4-6.B of this chapter for home based businesses. (Ord. 2008-17, 7-28-2008)

The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park. The requirements of subsections A and D of this section do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicles sales lot.

A.

Number Per Lot: Not more than two (2) travel trailers or other recreational vehicles shall be parked on any lot. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

B.

Use as a Dwelling Restricted: No travel trailer or other recreational vehicle shall be used as a dwelling, excepting that a property owner may obtain a temporary use permit within seventy-two (72) hours, having no fee charged to the applicant, for a period not to exceed thirty (30) days per vehicle in a calendar year for use of such mobile structures by the transient public in a residential district. (Ord. 1988-6, 10-10-1988)

C.

Use for Commercial Purposes Prohibited: No travel trailer or other recreational vehicle shall be used as an office or for any other commercial purpose. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

D.

Front Yard Parking: No travel trailer or other recreational vehicle shall be parked on any front yard, except on a driveway; provided, that it meets the setback requirements for that district in which the property is located. (Ord. 1991-2, 9-9-1991)

Any person who intends to establish or conduct a sanitary landfill within this municipality shall obtain a permit from the Illinois environmental protection agency indicating that the sanitary landfill fully complies with the "Solid Waste Rules And Regulations" promulgated by the IEPA pursuant to the authority granted by state law ^[8]. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

The size and location of a satellite antenna shall comply with all of the following requirements in order to be a conforming accessory structure:

A.

Height: Height limitations shall be in compliance with the restrictions set forth in subsection 9-3-13.C of this title.

B.

Diameter: The overall diameter shall not exceed fifteen feet (15').

C.

Rear Yard Location Only: A satellite antenna shall be constructed in a rear yard only.

D.

Installation Upon Movable Structure Prohibited: No satellite antenna may be installed on a portable or movable structure such as a trailer.

E.

Location of Guy Anchorage: The distance of any guy anchorage or similar device shall meet the required setbacks.

F.

Number of Satellites: No more than one satellite antenna shall be allowed per residential lot.

G.

Location to Rear Lot Line: No satellite antenna can be located closer than a distance equal to its height to the rear lot line.

H.

Advertising Prohibited: No form of advertising or identification is allowed on the dish or framework other than the manufacturer's small identification plates.

I.

Compliance with Building Codes: Satellite antennas shall be installed and maintained in compliance with the requirements of the building codes. (Ord. 1985-10, 6-10-1985)

A.

Lot Area: The lot on which any school is situated shall have the minimum area indicated below:

B.

Building Location: The principal building of every school shall be located at least twenty-five feet (25') from all lot lines. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

No "fuel station", "motor vehicle service facility", major and minor motor vehicle repair facility, and motor vehicle minimart, as defined herein, shall be established and operated unless such use complies with the requirements of the zoning district it is located and the following additional standards and criteria:

A.

Location of Fuel Pumps: All fuel pumps and other service facilities and any overhead canopies shall be located at least twenty-five feet (25') from any residential lot line.

B.

Location of Driveways: Driveways for uses regulated in this section shall be located to optimize on site circulation and minimize interference with traffic flow on adjoining streets and alleys. Where such uses occupy a corner lot, the driveways shall be located as far from the intersection as practical.

C.

Outdoor Storage Prohibited: No outdoor storage or display of merchandise is permitted on the premises.

D.

Outdoor Vending Machines Prohibited: No outdoor vending machines are permitted on the premises.

E.

Outdoor Illumination: Uses regulated in this section may be illuminated but illumination shall be directed downward and comply with Dark Sky Association specifications and the amount of illumination at the property boundaries shall not exceed 0.0 foot-candles or lumens.

F.

Trash Enclosure Required: All trash receptacles, except minor receptacles adjacent to fuel pumps, shall be concealed on all sides from view from any street or adjacent property.

G.

Discontinuance of Use; Removal of Underground Storage Tanks: Whenever a use regulated in this section involving fuel storage tanks has been discontinued for twelve (12) consecutive months, or for eighteen (18) months during any three (3) year period, the zoning administrator shall order that all underground storage tanks be removed or filled with material approved by the state fire marshal. (Ord. 2008-23, 8-25-2008)

A.

Location Restrictions: No swimming pool, whether public or private, shall be located in any front yard, in a required side or rear yard, or in any easement, nor shall it be closer than ten feet (10') to the principal structure. (Ord. 1995-8, 6-26-1995)

B.

Fence Requirements: Every swimming pool that is more than two feet (2') deep shall be enclosed by: 1) a fence at least four feet (4') in height around the pool or yard in which it is located, or 2) a fence or guardrail attached to the swimming pool having a total height not less than four feet (4'). Said swimming pool shall be constructed in accordance with the requirements of the town building code. (Ord. 2004-23, 6-28-2004)

Where medium utility facilities are constructed above the surface of the ground, the following shall apply:

A.

Lot Development Standards:

1.

Minimum Area and Dimension: Every lot on which an aboveground medium utility facility is situated shall comply with the minimum area and dimension requirements of the district in which it is located.

2.

Minimum Setback: Every part of an aboveground medium utility facility shall comply with the minimum setback requirements of the district in which it is located or shall be located at least twenty-five feet (25') from any lot line, whichever is greater.

3.

Frontage on Public Street: The lot on which an aboveground medium utility facility is situated shall have frontage on a public street or alley. Corner lots shall be avoided for such facilities.

4.

Maximum Height: Except water storage tanks, aboveground medium utility facilities shall comply with the maximum building height requirement of the district in which it is located.

B.

Screening Requirements: Except water storage tanks, aboveground medium utility facilities shall be concealed from view from adjacent property and rights of way by any of the following, or combination thereof:

1.

A solid wall (eight (8) foot minimum height).

2.

Landscaping of sufficient density and variety to conceal the view year round.

3.

A berm having a minimum height not less than four feet (4') and landscaping.

4.

Enclosed in a structure which is architecturally compatible in design and material with surrounding and adjacent structures.

5.

A fence not more than eight feet (8') in height and landscaping of sufficient density and variety to conceal the view year round.

6.

Landscaping used to satisfy the requirements of this section shall have a mature height of at least eight feet (8') and the owner/operator of such facility shall be responsible for replacing dead or diseased plant material.

C.

Security Illumination: Aboveground medium utility facilities may be illuminated for security purposes but illumination shall be directed downward and comply with night sky photometrics and the amount of illumination at the property boundaries shall not exceed 0.0 foot-candles or lumens.

D.

Access: Access to an aboveground medium utility facility shall be an all weather hard surface and shall otherwise comply with the requirements for such in the district in which it is located. (Ord. 2008-10, 3-24-2008)

In addition to any conditions, restrictions or other requirements placed on the special use permit by the town board of trustees, every motor vehicle impound yard shall comply with the following standards and criteria:

A.

That the impound yard shall be and remain accessory to a towing service business office on the same property on which the impound yard is located.

B.

That the impound yard shall be screened and enclosed by a fence not less than the height of any vehicles stored in the impound yard.

C.

That no repairs shall be permitted on any impounded vehicles.

D.

That no salvage operations shall be permitted on the premises.

E.

That the impound yard shall be kept free of weeds and the accumulation of garbage and debris.

F.

That impounded vehicles shall not be located on the premises for more than one hundred twenty (120) days.

G.

That the owner shall take all reasonable precautions to prevent the spill and absorption of motor vehicle fluids on the ground surface.

H.

That the owner shall cause a phase I environmental audit to be performed on an annual basis on the subject property and comply with the findings and recommendations included in the report, and provide a copy of the report to the zoning administrator.

I.

That a valid towing service license be obtained from the town board.

J.

That no signs, lighting, architectural elements, or other attention getting devices or contrivances shall be used on the subject property in connection with the impound yard.

K.

That the impound yard maintain valid registration with the Illinois secretary of state and present same upon demand by the zoning administrator.

L.

That the owner and/or operator maintain an up to date inventory and present same upon demand by the zoning administrator. (Ord. 2000-20, 12-18-2000)

The seasonal sale of class C fireworks, when located on a lot in a commercial or industrial zoning district having frontage along IL 38 for a period of not more than fifteen (15) days and only in conjunction with the celebration of the Fourth of July national holiday, and only when a valid fireworks sales permit has been issued by the town of Cortland for the premises. Temporary structures incidental to such sales shall comply with the yard requirements of the zoning district in which it is located. No such temporary use shall occur on a lot that fails to provide adequate off street parking, or poses a safety hazard to pedestrians and motorists, or interferes with the use and enjoyment of adjacent property. No such sales, accessory or incidental temporary structure(s), or signs shall be situated, located or displayed within ten feet (10') of a driveway or street right of way or within thirty feet (30') of the intersection of the rights of way of any two (2) streets. Not more than one such seasonal use shall be permitted on a lot in any sixty (60) day period. (Ord. 2002-07, 2-25-2002, eff. 2-25-2002)

For the purpose of this section, an "aboveground fuel storage tank" shall mean any container having a capacity greater than ten (10) gallons and used to store liquid or gaseous fuel. The use of aboveground fuel storage tanks in any zoning district in the town shall be subject to the following requirements and conditions:

A.

The use of aboveground fuel storage tanks in any residential zoning district in the town shall be prohibited, except when used accessory to a construction site and in accordance with the requirements of this section.

B.

That a valid permit shall be issued by the office of the state of Illinois fire marshal.

C.

That when accessory to a lot or tract in any zoning district that is actively under construction the aboveground fuel storage tank shall be used only for dispensing fuel for the machinery and vehicles used in the construction or excavation occurring on the property where the aboveground fuel storage tank is located. When an aboveground fuel storage tank is used on a construction site it shall be removed from the premises once the construction or excavation operations that required on site refueling of machinery and vehicles has ceased or such machinery or vehicles have been removed from the premises.

D.

No aboveground fuel storage tank, where permitted, shall be placed in any front or corner side yard, nor within ten feet (10') of any structure, nor within eighty feet (80') of a residential zoned lot. (Ord. 2002-07, 2-25-2002, eff. 2-25-2002)

In addition to the requirements for a special use permit, any person operating a body art studio or engaged in the application of body art shall comply with the following standards and requirements:

A.

Facilities:

1.

Floors, walls, and ceiling surfaces shall be washable and impermeable material.

2.

Walls and ceilings in the workstation area shall be light colored and have a light reflectance value of seventy percent (70%) or greater.

3.

All procedure surfaces (e.g., chairs, benches, etc.) shall be made of materials that are, or shall be treated so as to be, smooth, nonabsorbent, nonporous, easily cleanable and able to withstand repeated cleaning and disinfection.

4.

Every body art studio shall have a cleaning area, including a hand sink with hot and cold running water; soap and disposable paper towels shall be provided. Restrooms shall not be considered a cleaning area.

5.

Every workstation shall have a minimum area of eighty (80) square feet. A "workstation" means the area within a body art studio exclusively used in and during the conduct of body art upon a client.

6.

At least one workstation shall be completely screened from view from any person outside such workstation, including, but not limited to, clients, body artists, and other persons in other workstations, the customer waiting area and any area outside the body art studio.

7.

Dividers shall be provided between workstations in facilities with multiple workstations.

8.

Every area of the body art studio used for body art activity shall be used for no other purpose, including, but not limited to, human habitation, hair and nails activities, or any other use which may cause contamination of instruments, other equipment, or work surfaces used for body art activities.

9.

Every body art studio shall have therein an instrument storage area exclusive of and separate from any cleaning area.

10.

Every body art studio shall have therein a cleaning area. Every cleaning area shall have an area for the placement and use of cleaning units located and positioned so as not to be immediately adjacent to any sterilization unit.

11.

Every body art studio shall have therein a customer waiting area exclusive of and separate from any workstation, instrument storage area, cleaning area, or other area in a body art studio used for body art activity.

12.

No food or drinks shall be consumed or stored in the procedure area.

13.

Exterior signs shall not use the words "tattoo" or "tattooing" in identifying the business or activity conducted on the premises.

14.

No body art studio shall be located within one thousand three hundred feet (1,300') of another body art studio.

B.

Supplies and Equipment:

1.

Disposable single use needles shall be used.

2.

Disposable gloves shall be used exclusively.

3.

Single use pigment/ink wells shall be used exclusively.

4.

Single use razors shall be used exclusively.

5.

Autoclave indicator tape or temperature sensitive autoclave bags shall be used for autoclaving equipment.

C.

Business Policies: The following business policies shall be applied to the daily conduct of a body art studio:

1.

Tattooing shall not be performed on any person under the age of twenty-one (21).

2.

Release forms shall be kept on file for not less than three (3) years.

3.

Every body artist shall maintain a high degree of personal cleanliness, conform to hygienic practices, and wear clean clothes when conducting body art activities. If the body artist's clothes are or become contaminated, clean clothing shall be donned prior to commencing any body art activity.

4.

Written standard operating procedure shall be in place for:

a.

Disinfecting the facility daily.

b.

Disinfecting workstation(s) after each procedure.

c.

Requiring the use of universal precautions when performing tattooing or body piercing and any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials.

d.

The proper disposal of full sharps containers and infectious waste.

e.

Requiring the proper disinfection or sterilization of contaminated reusable items.

5.

Tattooing and/or equipment shall not be lent or leased for use outside the premises.

6.

No drug paraphernalia shall be displayed or sold on the premises.

7.

No animals shall be permitted in the body art studio, except where permitted by state law. Tattooing and body piercing shall not be performed on animals in the body art studio. (Ord. 2002-25, 9-23-2002, eff. 9-23-2002)

8.

Hours of operation shall be between the hours of 8:00 a.m. and 9:00 p.m. (Ord. 2004-26, 7-26-2004)

9.

No body art studio shall suffer or permit any loud noises, boisterous or disorderly conduct in or around the premises or on any grounds of such premises, and shall prevent the loitering of persons on the premises or on or around the grounds thereof.

10.

No retail sales shall be permitted, except aftercare products, and items directly related to the body art studio and the practice of body art.

11.

Every body artist shall be certified by the Alliance for Professional Tattooists, the Professional Tattoo Artist Guild, or similar recognized professional organization.

D.

Disease Control:

1.

Disinfectant shall be used for sanitizing critical equipment and shall be approved for hepatitis B, hepatitis C and HIV disinfection.

2.

Body art studios shall comply with any health, sanitation, sterilization, and disease control regulations or procedures hereafter adopted by the state of Illinois, the county health department, or the town of Cortland.

3.

Sharps container shall be used for all sharp objects, including needles and razors.

4.

Single use stencils (unless sanitized in accordance with the DeKalb County health department) shall be used.

5.

Aseptic dispensing of petroleum jellies, soaps, and other products shall be used in the application of stencils and tattoos.

6.

Nondisposable equipment, i.e., needle bars, needle caps, needle tubes, body piercing tubes and other contaminated instruments shall be stored safely prior to being cleaned and sterilized.

7.

Before being sterilized, any used nondisposable piercing and tattooing components shall be cleaned in an ultrasonic cleaner.

8.

Tattoo machines shall be disassembled and disinfected after each use.

9.

Micropigmentation device shall be disassembled after each use; casing must be removed, washed with a small brush and disinfectant, and sterilized in an autoclave or cold sterilization solution unless disposable single use casings are used.

10.

If sheets or towels are used, they shall be changed after each customer.

11.

Body surfaces shall be washed prior to procedure, except eyelids.

12.

Single use equipment, such as tongue depressors, gauze, rubber bands, plastic bags (for covering disinfectant bottles and tattoo machines during tattoo procedures) shall be stored in a clean, dry place.

13.

Employees shall be vaccinated for hepatitis B and documentation shall be kept on file on the premises.

E.

Definitions:

SHARPS: Instruments and other objects that can penetrate the skin, including, but not limited to, tattoo needles, permanent cosmetic needles, piercing needles, and razors.

UNIVERSAL PRECAUTIONS: An approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for the human immunodeficiency virus (HIV), the hepatitis B virus (HBV), the hepatitis C virus (HCV), and other blood borne pathogens. (Ord. 2002-25, 9-23-2002, eff. 9-23-2002)

A.

Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless telecommunications facilities. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the town board finds that these regulations are necessary in order to:

1.

Facilitate the provision of wireless telecommunications services to the residents and businesses of the town;

2.

Minimize adverse visual effects of towers through careful design and siting standards;

3.

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

4.

Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

B.

Interpretation:

1.

The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this section are inconsistent or in conflict with any provision of this code, the provisions of this section shall be deemed to control.

2.

In the course of reviewing any request for any approval required under this section made by an applicant to provide personal wireless service or to install personal wireless service facilities, the plan commission or the board of trustees, as the case may be, shall act within a reasonable period of time after the request is duly filed with the town, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.

C.

Definitions: The terms "personal wireless service" and "personal wireless service facilities", as used in this section, shall be defined in the same manner as in title 47 United States Code section 332(c)(7)(C), as amended now or in the future. Generally, these terms refer to licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.

D.

Placement of Personal Wireless Facilities:

1.

A public utility service use which satisfies the definition of personal wireless service facility shall not be located in an AG or P-1 district.

2.

A public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, where the personal wireless facility is located in an I-1 or I-2 district.

3.

A proposed facility in an I-1 or I-2 district shall not exceed ninety feet (90') in height if mounted on a freestanding antenna pole, or if the personal wireless service facility is directly affixed to an existing building or structure, and the height of the personal wireless service facility shall not exceed fifteen feet (15') above the roof of the existing building or structure.

4.

In a C-1 or C-2 district, a public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use and shall not exceed the maximum height requirements of the applicable district.

5.

In all R-1, R-2, R-3 and R-4 residential districts, a public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use and shall not exceed the maximum height requirements of the applicable district provided that the facility satisfies the other requirements set forth in this section and is located only in the following locations:

a.

Church or religious sites, when camouflaged as a part of steeples or bell towers; or

b.

Government, school, utility and institutional sites. (Ord. 2006-24, 3-27-2006)

6.

A public utility service use which satisfies the definition of personal wireless service facility and is proposed to be located on town property may be exempted from the terms of this section subject to any condition set by the town president/mayor and board of trustees. (Ord. 2006-24, 3-27-2006; amd. Ord. 2014-05, 7-28-2014)

E.

Shared Use:

1.

The shared use of existing towers and antenna facilities shall be preferred to the construction of new facilities. Provided that such shared use is accomplished in a manner consistent with the terms of this section, then such shared use may be approved without any new or additional special use approval. Proper plans must be submitted and permits obtained for such shared use as required by the terms of this section.

2.

An applicant for a new tower or support structure shall submit a report inventorying existing towers and antenna sites within a reasonable distance from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons:

a.

Unwillingness of the owner to entertain the proposed facility.

b.

The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities.

c.

The planned equipment would cause interference with other existing or planned equipment, which cannot reasonably be prevented.

d.

Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably.

e.

Other reasons make it impracticable to place the equipment proposed by the applicant on existing and approved towers or facilities.

f.

The proposed collocation of an existing tower or antenna site would, by virtue of the requirements in this section, be considered a prohibited use.

F.

Conditions:

1.

Applicable Laws and Regulations: The personal wireless service facility shall conform to all applicable federal laws and regulations concerning its use and operation. No public utility service use which satisfies the definition of personal wireless service facility shall be permitted in any zoning district in the town unless it complies with all applicable federal laws and regulations concerning its use and operation.

2.

Siting: All antenna support structures must be set back from property lines a distance equal to their height. In addition, all antenna support structures shall conform to all minimum setback and yard requirements of the town zoning regulations. In addition, no personal wireless facility shall be located between the front lot line and the principal building on the site. All personal wireless service facilities shall be separated from personal wireless service facilities on other properties by at least one thousand five hundred feet (1,500'). If the setback requirements of this subsection prohibit or have the effect of prohibiting the provision of personal wireless services, these requirements may be modified at the discretion of the corporate authorities.

3.

Collocation: In considering a request for approval of a special use to permit the installation of personal wireless service facilities the plan commission or the board of trustees, as the case may be, shall, in addition to other relevant standards for approval, also give due consideration and weight to whether the applicant has sought and been denied the opportunity to collocate its personal wireless service facility on an existing antenna supporting structure.

G.

Nonconformities: Any personal wireless service facility installed and operating prior to the enactment of this section which would be prohibited under this section shall be considered to be a legal nonconforming use and/or a legal nonconforming structure, as the case may be, and shall be subject to the rules on nonconformities provided in chapter 8 of this title.

H.

Tower and Antenna Design Requirements: Proposed or modified towers and antennas shall meet the following design requirements:

1.

Commercial wireless telecommunication service towers shall be of a monopole design unless the town board determines that an alternate design would better blend into the surrounding environment.

2.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color, camouflaging architectural treatment, or stealth technologies or techniques, where possible. A tower shall be painted a single, neutral color and shall be well maintained at all times.

3.

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lights are specifically required by a federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

4.

Site location and development shall preserve the existing character of the site as much as possible. Existing vegetation must be preserved or improved, and disturbance of the existing topography of the site must be minimized. All ground mounted facilities and equipment shall be enclosed with a solid six foot (6') high fence or wall. Landscaping shall be required to screen as much of the support structure as possible, the fence or wall surrounding the support structure and any other ground level features.

I.

Abandoned or Unused Towers or Portions of Towers: A tower shall be deemed abandoned if it remains unused or inoperable for a period of twelve (12) consecutive months, unless a shorter abandonment period is provided in the applicable lease, in which event, the abandonment period specified in the applicable lease shall govern, and such abandonment shall be as determined by the board of trustees. Abandoned or unused towers or portions of towers shall be removed as follows:

1.

All abandoned or unused towers and associated facilities shall be removed within ninety (90) days of the board's determination that said tower and associated facilities are abandoned, unless a time extension is approved by the board of trustees. Written notice of the board's determination of abandonment shall be sent via regular mail, and via certified mail, return receipt requested, to the owner of the tower(s) and associated facilities and to the applicant for the special use permit. A copy of the relevant portions of any signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application for the required special use permit. In the event that a tower is not removed within ninety (90) days of the town's notice of said abandonment, the tower and associated facilities may be removed by the town and the costs of removal may be recorded as a lien against the property. The town may also recover the costs of such removal from the owner of the tower and associated facilities.

2.

Unused portions of towers above operating antenna facilities shall be removed within six (6) months of the time of antenna relocation or abandonment. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.

J.

Interference with Public Safety Telecommunications: No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the town at least ten (10) calendar days in advance of such changes and allow the town to monitor interference levels during the testing process.

K.

Additional Submittal Requirements: In addition to the information required elsewhere in this section, development applications for a wireless telecommunication antenna or tower shall include the following supplemental information:

1.

A statement of the applicant's purpose and need.

2.

Existing adjacent facilities, including existing and estimated capacities.

3.

A site plan including tower and equipment elevations indicating how visual impacts will be minimized.

4.

Demonstration from a qualified and licensed professional engineer that alternative locations are unavailable or impractical and that the equipment cannot be mounted on an existing tower.

5.

A report from a qualified and licensed professional engineer which:

a.

Describes the tower height and design including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and type of antennas that it can accommodate;

d.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

e.

Includes an engineer's stamp and registration number;

f.

Includes any other information necessary to evaluate the request.

6.

For all commercial wireless telecommunication service towers and facilities, a letter of intent committing the owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

L.

Town Owned Land:

1.

Preference: It is the express preference of the town that personal wireless telecommunication facilities be located on property within the town according to the following priorities:

a.

Locate such facilities on town owned property.

b.

Locate such facilities on other government owned property and structures.

c.

Locate such facilities on private institutional property and structures.

d.

Locate such facilities on other appropriate existing structures such as buildings, communications towers, water towers, and smokestacks.

e.

Locate such facilities on private property.

2.

Priority of Users: Priority for the use of town owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order:

a.

Town of Cortland;

b.

Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the town and private entities with a public safety agreement with the town;

c.

Other governmental agencies, for uses which are not related to public safety; and

d.

Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.

3.

Minimum Requirements: The placement of wireless telecommunication antennas or towers on town owned property must comply with the following requirements:

a.

The antennas or tower will not interfere with the purpose for which the town owned property is intended.

b.

The applicant obtains adequate liability insurance and commits to a lease agreement which includes equitable compensation as determined by the town board for the use of public land and other necessary provisions and safeguards.

c.

The applicant will submit a letter of credit, performance bond, or other security acceptable to the town to cover the costs of the antenna or tower removal.

d.

The antenna or tower will not interfere with other users who have a higher priority.

e.

Upon reasonable notice, the antenna or tower may be required to be removed at the user's expense.

f.

The user must obtain all necessary land use approvals.

4.

Application Process: All applicants who wish to locate a wireless telecommunication antenna or tower on town owned property must submit a completed application and detailed plan that complies with the submittal requirements of chapter 10 of this title regarding special uses along with any other pertinent information requested by the town.

5.

Reservation of Right: The town board reserves the right to deny, for any reason, the use of any or all town owned property by any one or all applicants. (Ord. 2006-24, 3-27-2006)

A.

Purpose: The purpose of this section is to provide specific regulations for the placement and use of carillons within the town. The town board finds that these regulations are necessary in order to avoid disturbances due to excessive noise.

B.

Conditions:

1.

Playing: Any carillon shall be played no more than ten (10) minutes at a time, and no more than two (2) times per day on Monday through Saturday. In addition, religious carillons may be played at call to worship and for weddings, funerals and other special services.

2.

Siting: All carillon structures shall be set back from property lines in accordance with the district regulations in which the carillon structure is located.

3.

Lighting: If illumination is provided, an illumination plan shall be submitted for consideration.

C.

Additional Submittal Requirements: In addition to the information required elsewhere in this section, development applications for a carillon shall include the following supplemental information:

1.

Documentation that the noise will not exceed the town's requirements.

2.

A site plan and elevation drawings showing the location of the carillon equipment. (Ord. 2006-44, 6-26-2006)

Any indoor or outdoor skateboard park established in a C-2, I-1 or I-2 district shall comply with the following additional standards and criteria:

A.

The operator shall provide adult supervision during business hours.

B.

Rules of conduct shall be posted on the premises.

C.

The operator shall discourage use of skateboards outside the designated skateboarding area, particularly in any accessory off street parking areas or sidewalks on the premises not designed or intended for skateboard use. (Ord. 2007-13, 3-26-2007)

No motor vehicle and trailer body shop, as defined herein, shall be established and operated unless such use complies with the requirements of the zoning district it is located and the following additional standards and criteria:

A.

No motor vehicle and trailer body shop shall be permitted unless the facility is duly registered and licensed by the Illinois secretary of state's office.

B.

All body repair and painting shall be conducted within a completely enclosed building.

C.

Outdoor storage of work in progress, materials or supplies shall be completely screened from view from any public street.

D.

All painting facilities on the premises shall comply with applicable building, fire and life safety requirements of the town.

E.

In addition to the foregoing, if a motor vehicle and trailer body shop is located within three hundred feet (300') of a residential lot:

1.

No body shop activity shall occur between the hours of 10:00 p.m. and 7:00 a.m.

2.

Outdoor storage of work in progress or materials or supplies shall be completely concealed from view from any adjacent residential building by a solid fence or wall. (Ord. 2008-23, 8-25-2008)

Except for car washes duly established prior to September 1, 2008, no "car wash", as defined herein, shall be established and operated unless such use complies with the requirements of the zoning district it is located and the following additional standards and criteria:

A.

Location of Car Wash: No car wash may be located within three hundred feet (300') of a residential lot.

B.

Water Systems: Water reuse or recycling systems shall be employed in the design and operation of the car wash facility.

C.

Space Between Car Wash and Public Street: Sufficient space between the exit from the car wash and the public street shall be provided so that wash water is not carried into the public street by vehicles.

D.

Traffic Interference: Sufficient space shall be provided for queuing to each conveyor line, wash bay or vacuum station so as to not interfere with traffic on any adjacent streets.

E.

Setback Requirements: All washing and drying and detailing operations shall observe the same setback requirements as a principal structure in the district in which the car wash is located.

F.

Outdoor Merchandise Prohibited: No outdoor display of merchandise shall be permitted.

G.

Location of Driveways: Driveways for a car wash shall be located to optimize on site circulation and minimize interference with traffic flow on adjoining streets and alleys. Where a car wash occupies a corner lot, the driveways shall be located as far from the intersection as practical.

H.

Locations of Vacuum Stations: Vacuum stations shall be located as far from any adjacent residential buildings as practical. The zoning administrator may require the addition of soundproofing measures to reduce noise levels on any nearby residential lots.

I.

Audio Equipment: Premises shall be posted with signs prohibiting the play of any audio equipment at excessive noise levels and prohibiting any loitering.

J.

Loudspeakers: Loudspeakers shall be modulated so as not to be heard on any adjacent residential property.

K.

Vending Machines: No vending machines, other than tokens to operate the car wash or related to the car wash operation, are permitted on the premises.

L.

Outdoor Illumination: All outdoor illumination shall comply with Dark Sky Association specifications and the amount of illumination at the property boundaries shall not exceed 0.0 foot-candles or lumens. (Ord. 2008-23, 8-25-2008)

All rain barrels used on a lot shall comply with the following:

A.

Location: Must be located at the downspout from a roof gutter system.

B.

Insect Screen: Shall have a manufacturer's insect screen attached to the intake area.

C.

Arrangement; Stacking: May be arranged in a connected series. Rain barrels may not be stacked in a front, corner side or side yard.

D.

Stabilization: Rain barrels must be stabilized and secured to prevent tipping and the top cover shall be secured to prevent access by children. (Ord. 2009-04, 6-22-2009)

All rain gardens constructed on a lot shall comply with the following:

A.

Must be located and designed in such a manner so as to not interfere with surface drainage on any adjacent property.

B.

Shall have a depth not less than six inches (6") nor greater than eighteen inches (18").

C.

Must drain within twenty-four (24) hours of storm event and in no instance shall retain water for more than seventy-two (72) hours.

D.

Shall be planted with indigenous plant materials suitable for wet and dry environments.

E.

Shall be maintained and kept free of litter and debris. (Ord. 2009-04, 6-22-2009)

Small wind energy conversion systems (SWECS) shall be subject to the following regulations to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system. No person shall construct or operate an SWECS without having fully complied with the provisions of this section.

A.

Permits Required: A building/zoning permit shall be obtained to allow construction of an SWECS.

B.

Application Requirements: An application for a permit to build a wind energy system shall include the following:

1.

Property lines and physical dimensions of the property of the proposed construction site.

2.

Proposed location of the SWECS.

3.

Location and description of all structures located on the property where the SWECS site is proposed.

4.

Location of all aboveground utility lines within a radius equal to the height of the proposed SWECS.

5.

Location of all underground utility lines on the property where an SWECS site is proposed.

6.

Dimensional representation of the structural components of the tower construction including the base and footings.

7.

Schematic of electrical systems associated with the SWECS including all existing and proposed electrical connections.

8.

Manufacturer's specifications and installation and operation instructions or specific SWECS design information, including model and rotor diameter.

9.

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the International Building Code.

C.

General Performance Standards: An SWECS shall be a permitted accessory use in all zoning districts subject to the following requirements:

1.

Number: Only one SWECS shall be permitted per property regardless of the number of dwelling units or tenants.

2.

Location: No part of an SWECS shall be located within or over a utility or drainage easement, or on or over property lines.

3.

Tower Construction: All towers for an SWECS shall be a single monopole type constructed without guywires or ground anchors. Guyed towers and lattice towers are expressly prohibited. All towers shall be structurally designed to withstand one hundred (100) mile per hour winds and handle loads imparted.

4.

Blades and Clearance: Protected blades shall be used if the SWECS rotor diameter is within twelve feet (12') of a rooftop or if located within twelve feet (12') of a structure.

5.

Access and Climbing Apparatus: All ground mounted electrical and control equipment shall be leveled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of twelve feet (12') above the ground.

6.

Electrical Wires: SWECS including tower shall comply with all applicable state construction and electrical codes, and the national electrical code. All electrical wires associated with an SWECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. All wires and connections shall be wholly located on the subject property, and in no case shall connections to multiple detached structures be permitted.

7.

Lighting: No SWECS shall be artificially illuminated unless such lighting is required by the federal aviation administration. If lighting is required by the FAA, a dual mode fixture/lamp shall be installed.

8.

Appearance, Color and Finish: The SWECS and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. The surface shall be nonreflective.

9.

Signs: All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

10.

Compliance with FAA Regulations: SWECS must comply with applicable FAA regulations, including any necessary approvals for installations in proximity to the DeKalb-Taylor municipal airport.

11.

Required Safety Features:

a.

All SWECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.

b.

All SWECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including automatic overspeed control.

c.

All SWECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the SWECS from supplying power to a deenergized electrical distribution system.

d.

Any SWECS thereof declared to be unsafe by the building code official by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in this code.

12.

Insurance: The owner/operator of an SWECS must provide documentation of adequate liability insurance.

D.

Wind Access Easements: The adoption of this section does not constitute a granting of an easement by the town. The owner/operator shall be responsible for obtaining covenants, easements, or similar documentation to assure sufficient wind to operate the SWECS unless adequate accessibility to the wind is provided by the site and assumes all risks associated with operating the small wind energy conversion system without a wind access easement. (Ord. 2009-04, 6-22-2009)

A meteorological tower used to collect atmospheric data in anticipation of constructing a small wind energy conversion system is permitted on any property for a duration not to exceed eighteen (18) months. Such towers shall not be located in a required front or corner side yard and shall be guyed entirely on the property on which it is located. (Ord. 2009-04, 6-22-2009)

A.

Common Wall Agreement Required: Prior to issuance of an occupancy permit the owner shall provide a recorded common wall agreement that addresses the limitations, liabilities and responsibilities of the building owner with respect to the use of the common wall. Said agreement shall also set forth the conditions and restrictions concerning the exterior of the building. Said agreement may be incorporated in covenants, conditions and restrictions established for multiple lots.

B.

Appearance Criteria:

1.

Building Elevations: Building elevations shall have a variety of setbacks and elevations and comply with the following:

a.

Attached garages shall be no closer to the front lot line than the front wall of the dwelling unit.

b.

Attached garages shall not share a common wall.

c.

The use of porticoes, porches and/or other architectural detail and ornamentation on the front elevations is encouraged.

d.

Attached garages shall include at least one (1) of the following: 1) windows in the garage doors; 2) single car garage doors; 3) overhang or eave line projecting at least thirty inches (30") from the wall over the garage door(s).

e.

The building materials and colors used on each dwelling unit in the building shall be uniform or complementary.

f.

A minimum of one window shall be incorporated in each home building elevation facing a street. In addition, a window on the side wall of the garage shall be provided. No mirror glass shall be used in any windows.

2.

Landscaping: All unpaved surfaces outside the building shall be landscaped. Landscaping shall include shade trees, ornamental trees and shrubs and ground cover and shall be arranged to complement the building elevations.

3.

Driveways: All driveways to be constructed shall have compacted gravel/crushed stone base with a wearing surface of asphalt or concrete as required by the zoning ordinance.

4.

Roofs: All roofs shall be designed with a combination of gables, hips, sheds, dormers, etc. No flat or mansard roofs shall be allowed. Minimum roof pitch shall be four to twelve (4:12).

5.

Fences: No fence or fences shall be constructed, installed or maintained upon the property unless such fence or fences comply with the requirements of the zoning ordinance.

C.

Subdivision Plat Required: A subdivision plat for each duplex building shall be prepared following construction of the building foundation and before final occupancy of any duplex dwelling unit. Such duplex resubdivision shall only require approval by the town board provided the plat complies with the requirements for a duplex in the R-3 district. (Ord. 2010-02, 2-22-2010)

Where a place of assembly is permitted, such place of assembly shall comply with the following conditions and requirements:

A.

General Performance Standards:

1.

Illumination: Illumination of buildings, parking areas, accessory uses, and grounds shall be shielded so as to cast no glare upon adjacent properties and streets. Outdoor illumination shall not remain illuminated between the hours of 11:00 p.m. and 8:00 a.m. unless the use is open.

B.

Additional Standards; Less Than three hundred (300) Person Seating Capacity:

1.

Minimum lot area: Six thousand (6,000) square feet.

2.

Maximum height: Thirty-five feet (35'), excluding steeples, towers and architectural ornamentation.

3.

Parking: As required by subsection 9-5-7.B of this title.

C.

Additional Standards; three hundred (300) or Greater Person Seating Capacity:

1.

Location: Place of assembly, three hundred (300) or greater person seating capacity shall have frontage and access on an arterial thoroughfare.

2.

Minimum lot area: Ten (10) acres.

3.

Parking: As required by subsection 9-5-7.B of this title. (Ord. 2011-01, 1-24-2011)

The use of a portable moving/storage container shall comply with the following:

A.

Size: Portable moving/storage containers shall not exceed ten feet (10') in width, twenty-five feet (25') in length, and nine feet (9') in height.

B.

Duration: Portable moving/storage containers are permitted on a lot for not more than thirty (30) days in a calendar year. Extensions of time may be granted by the zoning administrator in instances where the portable moving/storage container is used in connection with remodeling and/or construction occurring on a lot and for which a building permit has been issued, but in no event shall the total elapsed time exceed one hundred eighty (180) days.

C.

Number: One portable moving/storage container shall be permitted on a residential lot at any one time.

D.

Location: If not placed on a driveway, portable moving/storage containers shall comply with the location requirements for a storage shed as provided in subsection 9-3-13.C of this title.

E.

Maintenance: The owner and operator of any site on which a portable moving/storage unit is placed shall be responsible to ensure that the portable moving/storage unit is in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks. When not in use, the portable moving/storage unit shall be kept locked.

F.

Storage of Hazardous Materials Prohibited: The owner and operator of any site on which a portable moving/storage unit is placed shall be responsible that no hazardous substances shall be stored or kept within the portable storage unit.

G.

Cargo containers, as accessory structures, are strictly prohibited in all zoning districts.

H.

Cargo containers, as accessory uses, are only allowed to be located within commercially or industrially zoned districts.

I.

Each individual cargo container, as an accessory use, is permitted on a lot for not more than thirty (30) consecutive days.

J.

Cargo containers, as an accessory use, shall only be placed on a parking lot with an approved hard surface, as provided by section 9-5-3.D.

(Ord. 2011-02, 1-24-2011; Ord. No. 2021-05, § 3, 5-24-2021)

A.

Permitted accessory use: Roof mount or building-integrated private solar energy systems must meet the building setbacks as required by section 9-3-6.A.

B.

Solar Farms and Solar Gardens that are the principal use on the property may only be located and permitted in an Agricultural (AG) district or a Light Industrial (I-1), but only when authorized and approved as a special use by the town board after public hearing and recommendation by the planning commission.

Such special use as may be allowed shall be subject to the following requirements, restrictions, and conditions:

1.

Bulk regulations:

a.

Minimum Lot Area: Five (5) Acres.

b.

Front and Corner Side Yard: Fifty feet (50').

c.

Side Yard: Fifty feet (50').

d.

Rear Yard: Fifty feet (50').

e.

Height: Ground or pole mounted solar energy system shall not exceed ten feet (10') in height as measured when the system is oriented at its maximum tilt. All other equipment shall not exceed fifteen feet (15') in height.

2.

Off-Street Parking: There shall be a minimum of two (2) parking spaces with minimum dimensions of ten by twenty feet (10' x 20'). Accessways shall be a minimum of twelve feet (12') wide. Parking spaces and accessways located on private property do not have to be paved but do need to have a minimum of a seven inch (7") compacted stone base. Accessways located within the right-of-way shall meet standards set by the town engineer.

3.

Signage: An identification sign shall be posted at the entrance(s) to the site. Each such identification sign shall list the name and phone number of the operator. In addition to the identification sign(s) there shall be appropriate warning signage that is posted along all property lines which are clearly visible on the site. Both the identification sign(s) and the warning sign(s) are exempt from section 9-6 of the Municipal Code.

4.

Power and Communication Lines: Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.

5.

Batteries: If the solar farm or solar garden consists of batteries or storage of batteries, adequate design must be provided to ensure all local, state and federal requirements regulating outdoor battery storage have been met.

6.

Interconnection: An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

7.

Stormwater and NPDES: Solar farms and solar gardens are subject to the town's stormwater management and erosion and sediment control provisions and NPDES permit requirements.

8.

Ground Cover and Buffer Areas: The site of a ground mounted solar farm or solar garden energy system shall be improved and maintained with a native perennial vegetative ground cover over the entire property including under and around solar panels. The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater run-off. Topsoil shall not be removed during development, unless part of a remediation effort.

9.

Foundation: A qualified engineer shall certify that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions.

10.

Other Standards and Codes: All solar farms and solar gardens shall be in compliance with all applicable local, state and federal regulatory codes.

11.

Site Plan Required: A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, easements, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the Town.

12.

FAA Compliance: Solar farms and solar gardens that are located within five hundred feet (500') of an airport or within approach zones of an airport, are required to complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

13.

Endangered Species and Wetlands: Solar farm and solar garden developers shall be required to initiate a natural resource review consultation with the Illinois Department of Natural Resources (IDNR) through the department's online, EcoCat program. Areas reviewed through this process will be endangered species and wetlands. The cost of the EcoCat consultation will be borne by the developer. Results of this consultation will be included in the special use application packet.

14.

Upon request from the town, the owner or operator of a solar farm or solar garden must submit, within fourteen (14) calendar days, a current operation and maintenance report to the town.

15.

Decommissioning:

a.

A decommissioning plan shall be required to be submitted when applying for all solar farms and solar gardens, to ensure that facilities are properly removed after their useful life.

b.

Decommissioning of solar panels must occur in the event they are not in use for ninety (90) consecutive days.

c.

The owner or operator will have six (6) months to complete the decommissioning plan after operation of a solar farm or solar garden stops being operational.

d.

The decommissioning plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site.

e.

The town board of trustees may require the posting of a bond, letter of credit, or the establishment of an escrow account to ensure the proper decommissioning. The posting of financial surety may be required prior to the issuance of a building permit for the facility. Said surety shall remained updated and valid until the solar farm/solar garden has been completely decommissioned in accordance with the latest approved decommissioning plan and restored in compliance with section 9-4-34.B.15. As outlined in the chapter establishing the special use permit, the amount of surety shall be periodically reviewed by staff and the surety amount adjusted accordingly.

f.

In the event that the State of Illinois enacts a law with regards to the decommissioning of a solar farm or solar garden, the strictest requirements shall prevail.

g.

The owner of a solar energy facility shall submit an update to this decommissioning plan every three (3) to five (5) years following issuance of the special use.

16.

Restoration Requirements: The owner of a solar farm or solar garden shall provide the zoning administrator with a written notice of termination of operations or abandonment of the solar energy facility. Within one hundred twenty (120) consecutive calendar days immediately following the town's receipt of such written notice or within one hundred twenty (120) consecutive calendar days immediately following the termination of such special use, whichever first occurs, the owner of each such solar farm or solar garden shall:

a.

Remove all structures, buildings, solar panels, above ground improvements, outdoor storage, fencing, equipment, and roadways; and

b.

Completely remove all foundations, pads, and underground electrical wires; and

c.

Remove all hazardous material from the property and dispose of the hazardous material in accordance with all applicable federal, Illinois, and Town laws, statues, ordinances, rules, and regulations; and

d.

Restoration of all soil and vegetation.

17.

Bonds: Prior to the issuance of a building permit, the owner of a solar energy facility shall provide the town with a performance and payment bond with adequate security or surety bond in an amount determined adequate by the town board to guarantee the performance of the aforesaid restoration requirements and decommissioning plan.

18.

Abandonment: A decommission plan shall be approved by the town board during the special use permit process. At the time of building permit, a letter of credit, or other financial surety instrument approved by the town attorney, in the amount of the estimated cost of decommission, as approved by the town engineer, shall be submitted to the town. If the solar farm or solar garden is abandoned and not properly decommissioned, the town shall utilize the funds to restore the property to its original or an improved condition.

C.

Solar Skyspace Easements: The issuance of a permit for a solar energy system does not constitute a granting of a solar skyspace easement by the town. A solar skyspace easement is not a prerequisite for obtaining a zoning or building certificate from the town but the owner/operator shall assume all responsibility for obtaining covenants, easements, or similar documentation to assure sufficient sunlight to operate the solar energy system unless adequate access to sunlight is provided by the site and assumes all risks associated with operating the solar energy system without a solar energy easement.

D.

For solar farms and solar gardens, commencing with the issuance of building permits, the applicant, owner, or operator shall maintain a current general liability policy covering bodily injury and property damage with limits of at least three million dollars ($3,000,000.00) per occurrence and five million dollars ($5,000,000.00) in the aggregate. The town shall be named as an individual insured on the policy to the extent the town is entitled to indemnification.

E.

Any solar energy system(s), applicant, owner, or operator, whether individual or commercial shall defend, indemnify, and hold harmless the town and its officials, employees, and agents (collectively and individually, the "Indemnified Parties") from and against any and all claims, demands, losses, suits, causes of actions, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorney's fees, except to the extent arising in whole or part out of negligence or intentional acts of such indemnified parties (such liabilities together known as "liability") arising out of applicant, owner, or operators selection, construction, operation, and removal of the solar energy system(s) and affiliated equipment including, without limitation, liability for property damage or personal injury (including death), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence). This general indemnification shall not be construed as limited or qualifying the town's other indemnification rights available under the law. (Ord. 2020-13, 6-22-2020, eff. 7-2-2020)

Off street parking and loading shall be provided in accordance with this chapter for all structures and uses erected or established after the effective date of this title. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

A.

Reduction of Number of Spaces Prohibited: Existing off street parking or loading facilities located on the same lot as the use served shall not be reduced, or if already less than, shall not be further reduced, below the requirements and standards for similar new structures or uses.

B.

Damage to or Destruction of Structure: When an existing structure or use is damaged or destroyed and subsequently repaired or rebuilt, parking/loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored, but additional parking/loading facilities need not be provided.

C.

Increase in Use: Whenever the use of any structure or premises is intensified through addition of dwelling units, increased floor area, greater seating capacity, etc., additional parking and loading facilities commensurate with such increases in use-intensity shall be provided as required herein for such new use. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

All areas providing off street parking shall conform to the standards indicated in the subsections which follow:

NOTE: (*) Standards applicable to all parking areas are indicated by one asterisk.

(**) Standards applicable to all parking areas except those accessory to single- or two-family dwellings are indicated by two (2) asterisks.

A.

Spaces:

1.

Each required parking space shall be at least ten feet wide and twenty feet long (10' x 20'), and shall have at least seven feet (7') of vertical clearance. Every space shall be situated so that no part of any parked vehicle overhangs the public right-of-way.*

2.

Markings shall be laid and restored as often as necessary to clearly delineate each parking space.** (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

3.

Handicapped parking spaces shall be designed in accordance with the Illinois Administrative Code (chapter 1, section 400.310, as amended) and the Illinois Accessibility Code ^[10]. The required number of handicapped parking spaces shall be determined and designated by posting signs in accordance with the Illinois Accessibility Code.** (Ord. 1995-8, 6-26-1995)

B.

Interior Aisles: Aisles within parking lots shall be sufficiently wide to permit safe and efficient vehicular movement in the aisles, and into and out of parking spaces. Aisles designed for two (2) way traffic shall be at least twenty-two feet (22') wide; one-way aisles designed for sixty degree (60°) parking shall be at least eighteen feet (18') wide.**

C.

Accessways:

1.

Parking areas shall be designed so that ingress to or egress from a parking space is from an aisle or driveway, not directly from the public right of way.*

2.

No accessway to any parking area shall be located within thirty feet (30') of any corner formed by the intersection of the rights of way of two (2) or more streets. At intersections where traffic control devices are installed, the administrator may increase this requirement as necessary to prevent hazards.*

3.

Parking area accessways (including residential driveways) and public streets shall be aligned to form, as clearly as feasible, right angles.*

4.

The accessway to every parking lot located in any commercial district or in any industrial district shall be at least twenty-four feet (24') wide unless two (2) one-way drives, each twelve feet (12') wide, are provided.**

5.

The accessway to every parking area located in any residential district shall be at least ten feet (10') wide; but if the parking area contains more than eight (8) parking spaces or if the accessway is longer than one hundred feet (100'), access shall be provided either by one two-way drive at least twenty feet (20') wide or by two (2) one-way drives, each at least ten feet (10') wide.* (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

D.

Surfacing: Parking lots, accessways and driveways shall be graded and improved with a compacted stone base at least four inches (4") thick, surfaced with at least two inches (2") of asphaltic concrete or approved comparable material. Porous paving materials may be substituted provided the same load bearing capacity is achieved and is approved by the town engineer. For the purpose of this section, loose gravel shall not be considered a porous paving material.* (Ord. 2009-04, 6-22-2009)

E.

Lighting: Any light(s) used to illuminate any parking area shall be arranged or shielded so as to confine direct light rays within the parking area boundary lines to the greatest extent practicable.*

F.

Bordering: In order to preserve the continuity of the streetscape and to minimize visual pollution, all parking lots containing more than eight (8) parking spaces shall be bordered by a wall, fence, earth berm or closely planted shrubbery at least three feet (3') high on each side abutting any street of conforming residential property. Wheel bumpers or curbs shall be designed and arranged to prevent damage to such screening. The screening shall be maintained by the owner or lessee of the parking lot in accordance with a maintenance agreement filed with the zoning administrator.**

G.

Landscaping: In order to reduce heat and glare, to minimize blowing of dust and trash, and to reduce the oppressive visual effects of large open parking areas, landscaping shall be provided and maintained within every parking lot that contains twenty (20) or more parking spaces.**

1.

A landscaping plan (either a separate document or an element of a more inclusive development plan) shall accompany every application for an initial certificate of zoning compliance to develop any parking lot that will contain twenty (20) or more spaces.

2.

The landscaping plan shall include the following information:

a.

Proposed type, amount, size and spacing of plantings, including trees, shrubbery and ground cover.

b.

Proposed size, construction materials, drainage and scheduled maintenance of landscaped islands or planting beds.

c.

Sketch indicating proposed spatial relationships of landscaped areas, parking spaces, automobile circulation and pedestrian movement. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

All off street parking spaces shall be located in conformity with the following requirements:

A.

Residential Districts:

1.

Dwellings: Parking spaces accessory to dwellings located in any residential zoning district shall be located on the same lot as the dwelling. Such parking spaces shall not be located in any front yard except in the driveway, but may be located in the side or rear yards. Each parking space accessory to a multi-family dwelling shall be unobstructed so that no vehicle needs to be moved in order to allow another vehicle to enter/exit the parking area. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

2.

Nondwellings: All parking spaces accessory to permitted nondwelling uses located in any residential district generally shall be located on the same lot as the use served. (Ord. 1991-2, 9-9-1991)

3.

Trucks:

a.

For the purpose of this title there are established two (2) categories of trucks in the town:

b.

Second Division trucks shall not be parked or stored on a lot in the residential district, except for normal loading, unloading or service calls, or in circumstances where such vehicles are characteristically used for family transportation purposes.

B.

Commercial and Industrial Districts:

1.

Parking spaces accessory to any dwelling located in any commercial district shall be located either on the same lot as the dwelling or on another parcel within two hundred feet (200') of the dwelling premises. Parking lots accessory to any commercial or industrial use located in any commercial district or in any industrial district shall be located within five hundred feet (500') of the use served; provided, that no portion of any such parking lot shall extend into any residential district except by special use permit. (Ord. 1991-2, 9-9-1991)

2.

In any commercial district or in any industrial district, off street parking facilities for different buildings or uses may be provided collectively, but only if the total number of spaces so located together is not less than the sum of the separate requirements for each use, and if all regulations governing location of parking spaces in relation to the uses served are observed. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980; amd. Ord. 2020-12, 6-22-2020)

All off street loading facilities shall conform to the minimum standards indicated below:

A.

Size of Space: Every required off street loading space shall be at least twelve feet (12') wide and forty-five feet (45') long exclusive of aisle and maneuver space, and shall have vertical clearance of at least fourteen feet (14'). In no case shall a vehicle being loaded or unloaded overhang into the public right of way.

B.

Accessway: Every off street loading space shall have a safe means of vehicular access to a street or alley. Such accessway shall be at least twelve feet (12') wide. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

C.

Surfacing: Every off street loading area and accessway shall be improved with a compacted stone base at least seven inches (7") thick, surfaced with at least two inches (2") of asphaltic concrete, or approved material. Porous paving materials may be substituted provided the same load bearing capacity is achieved and is approved by the town engineer. For the purpose of this section, loose gravel shall not be considered a porous paving material. (Ord. 2009-04, 6-22-2009)

D.

Buffer Strips: No loading space or area for vehicles over two (2) ton cargo capacity shall be developed closer than fifty feet (50') to the lot line of any lot located in any residential district unless such space/area is completely enclosed by walls, a solid fence or closely planted shrubbery at least ten feet (10') in height and of sufficient density to block the view from the residential property.

E.

Location: Every off street loading space that is required or provided shall be located on the same parcel of land as the use served, and not closer than fifty feet (50') to the intersection of the right of way of two (2) or more streets, and not on required front yards. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

In computing the number of parking spaces required by this title, the zoning administrator shall apply the following rules:

A.

Employees: In computing parking space requirements based on the number of employees, the maximum number of employees on the premises at any period of the day shall be used. "Employee parking" means "one parking space shall be required per one and one-half (1.5) employees", unless otherwise stated.

B.

Building Floor Area: In computing parking or loading space requirements on the basis of building floor area, the gross floor area shall be used.

C.

Gross Parking Lot Area: Whenever it is necessary to translate gross parking lot area into number of parking spaces, three hundred fifty (350) square feet of gross area shall be deemed one parking space.

D.

Fractional Spaces: If computation of the number of parking or loading spaces required by this title results in a fractional space, any fraction of one-half (0.5) or more shall be counted as one space.

E.

Joint Use of Spaces: No space or portion thereof needed to satisfy the minimum applicable requirement for number of off street parking or loading spaces shall be counted as part of the off street parking or loading spaces required for another structure or use. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

Off street parking and loading spaces shall be provided as indicated in tabular form below. For any use that is not listed in the table, the same amount of parking and loading space shall be provided as is required for the most similar listed use. The zoning administrator shall make the determination of similarity.

Note:

¹ Service bays shall not be considered a required parking space.

(Ord. 1980-3, 8-11-1980, eff. 9-5-1980; amd. Ord. 1991-2, 9-9-1991; Ord. 2007-13, 3-26-2007; Ord. 2008-17, 7-28-2008; Ord. 2008-23, 8-25-2008; Ord. 2011-01, 1-24-2011)