(a)

The provisions of this zoning code shall be held to be the minimum requirements or the promotion of the public safety, health, morals and welfare.

(b)

Except as may otherwise be provided in section 1248.03 of this chapter, all buildings, erected hereafter, all uses of land or buildings established hereafter and all structural alteration or relocation of existing buildings occurring hereafter shall be subject to all regulations of the zoning code which are applicable to the zoning districts in which such buildings, uses or land are located.

(c)

Where the conditions imposed by any provision of this zoning code upon the use of the land or buildings or upon the bulk of the buildings are either more restrictive or less restrictive than the comparable conditions imposed by any other provision of this code, or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(d)

This Code is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this code shall govern.

Any lawful building, structure or use existing at the time of the enactment of this code may be continued, even though such building, structure or use does not conform to the provisions of this code for the district in which it is located, and whenever a district is changed thereafter, the then existing lawful use may be continued, subject to the provisions of section 1248.03 of this chapter.

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within three months of such effective date and diligently prosecuted to completion, such building or structure may be completed in accordance with the approved plans on the basis on which the building permit was issued, and further may upon completion be occupied and a certificate of occupancy, by use for which originally designated, issued subject thereafter to the provisions of the section on nonconforming uses. Building permits expire within one year from the date of issuance.

(a)

Use limitations: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with regulations herein specified for the district in which it is located.

(b)

Bulk standards: All new buildings and structures shall conform to the building regulations established herein for the district in which each building is located, except that chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city.

The purpose of this section is to define the regulations and standards that apply to the area, bulk and use of specific land usage. These regulations apply to instances of development in all zoning districts unless otherwise noted in the zoning ordinance.

(a)

All proposed fence installations require an approval by the director of public works or his designate. Application is to be made in the public works office.

(b)

Residential districts and MU-1 properties used for strictly residential uses:

(1)

Fences may be placed on property lines in residential districts.

(2)

Fences cannot exceed six feet at the side and rear yard and cannot exceed four feet in front yard in height.

(3)

Fences, walls, hedges or lattice screens, which form outside living rooms or provide privacy for swimming pools or other activities, may be located in any required side or rear yard or both, in residential districts. When located in a front yard, a wall or screen must have at least 25 percent of its surface open. Any open area provided shall be evenly distributed throughout the fence, with no breach wider than four inches. Where lots are designed to have reverse frontage on a public street or alley, a solid fence or screen that has a height of six feet or less is permitted along the rear property line.

(4)

No barbed wire or other sharp pointed fence and no electrically charged fence shall be erected or maintained.

(c)

Commercial districts and properties zoned MU-1 used for mixed-use or commercial uses:

(1)

Fences may be a maximum of six feet in height.

(2)

No barbed wire or other sharp pointed fence and no electrically charged fence shall be erected or maintained in the districts.

(d)

Industrial districts:

(1)

Fences may be a maximum of eight feet in height.

(2)

No barbed wire or other sharp pointed fence shall be erected or maintained unless good cause is shown that it is required for security and other business purposes, and is approved by the public works director or his designate after consultation with the police and fire chiefs. Concertina, razor or circular barbed wire and electrically charged fences shall only be allowed on public safety facilities.

(e)

Fences in right-of-way. No fence or other structure shall be erected within any public street, alley, or right-of-way. In the event of necessity of removal, for maintenance or other purposes, of any fence or other improvement that has been previously erected in a public street, alley, or right-of-way, removal and/or replacement of such fence or other such improvement shall be the responsibility of the property owner. Any fence constructed in accordance with the issuance of a city fence permit or in existence prior to the adoption of the city's ordinance requiring fence permits may be repaired and/or replaced in accordance with section 1248.02.2(g).

(f)

Fences in easements. A fence permit may be issued for the placement of a fence in an easement, provided the following conditions are met:

(1)

Fences may not be placed in any easement that contains any publicly distributed water line, main, or other water facility.

(2)

No fence shall be installed in a manner which obstructs easement access from the public right-of-way to a sanitary or storm sewer structure. Easements providing access to a sanitary or storm structure shall be kept free and clear of obstructions to said structure for the full width of the easement, or 20 feet, whichever is less.

(3)

A minimum of five feet shall be kept open and clear on all sides of the sanitary and storm structures and clearance shall be measured from the edge of the structure to the face of the fence.

(4)

The property owner shall hold harmless the City of Edwardsville by signing a hold harmless agreement and paying the associated recording fee. Said hold harmless agreement will be recorded with the Madison County Recorder of Deeds.

(5)

A removable panel of at least six feet in width shall be provided at an agreed-upon location so as to provide adequate access to easement. Location of said removable panel shall be identified on the site plan submitted with the fence permit application.

(g)

Existing fences. An existing fence previously installed within an easement will be allowed to remain and be replaced and/or repaired in the same location provided that:

(1)

The owner has executed a hold harmless agreement and paid the associated recording fee for the document; and

(2)

For fences installed after December 17, 2001, the existing fence was installed following this issuance of a required fence permit and the fence was installed consistent with the parameters of the fence permit.

(3)

Public works staff determines that adequate access to utility lines or other utility structures has been properly maintained.

(Ord. No. 6011-05-16, § 3, 5-17-2016; Ord. No. 6085-09-18, § 2, 9-4-2018; Ord. No. 6623-11-19, § 2(Exh. D), 11-5-2019)

(a)

Permitted yard obstructions include: terraces, decks, patios, porches, retaining walls. This does not include permanently roofed-over terraces, porches, patios, decks or other similar structures which are required to meet side and rear yard regulations.

(b)

Flagpoles, statuary, cornices, sills, eves, gutters, downspouts and ornamental features projecting 18 inches or less into a required yard shall also be considered permitted obstructions.

(c)

Driveways and open parking areas (provided they are not under roof) and not surrounded by a fence or wall exceeding six feet are permitted to extend five feet into the required side yard and a minimum of five feet from any side lot line must be maintained.

(a)

When a side yard is required, no part of an "accessory building" (see definition) shall be located closer than five feet to the side lot line of such side yard. When a rear yard is required, no part of an accessory building shall be located closer than five feet to the rear lot line or to those portions of the side lot line abutting such rear yard. In the residential districts, no accessory building shall be closer than ten feet to the principal building and shall not exceed 15 feet in height.

(b)

No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(c)

On a reversed corner lot in a residential district and within 15 feet of an adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60 percent of the least depth which would be required under this zoning code for the front yard on such adjacent property to the rear. Further in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district.

(a)

Under no circumstances may a trailer be placed on any lot for the purpose of serving as a place for storage except:

(1)

When the trailer is being used in association with new construction or building rehabilitation. The trailer must be removed 14 days after the final occupancy permit has been issued or final inspection has occurred.

(2)

When a trailer is being used for a special promotion not to exceed 14 days.

(3)

When it is a special use.

(b)

Any trailer in use on the effective date hereof shall be deemed to be a legal nonconforming use and may continue within the following limitations.

(1)

It may continue in use provided when there is no physical change other than necessary maintenance and repair.

(2)

When it meets all of the requirements of the zoning district in which it is located.

(3)

A storage trailer may be used as an accessory use only. If the principal use is discontinued, the storage trailer must be removed.

(4)

Storage trailers must meet the anchorage and tie down requirements of the building code, and when its use is discontinued for a period of six months, the storage trailer must be removed.

(Ord. No. 6720-02-2022, § 2(Exh. A), 2-15-2022)

(a)

A home occupation is an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered as an economic enterprise. Such uses shall be clearly incidental or subordinate to the residential use of the dwelling.

(b)

Permitted home occupations. Such occupations shall have no visible exterior indication of business related activities occurring on the premises provided the number of client visits complies with subsection (n) herein.

(c)

Restricted home occupations. A restricted home occupation is an occupation that has patrons, students or business related individuals visiting the premises. Such uses require a special use permit, and may include the following:

(1)

Music teacher;

(2)

Tutoring or home instruction;

(3)

Dressmaker, seamstress, tailor service; and

(4)

Other similar uses, as determined by the director of planning and zoning.

(d)

Prohibited home occupations. The following are prohibited in residential districts:

(1)

Beauty and barber shops;

(2)

Dog grooming and kennels;

(3)

Retail or wholesale shops;

(4)

Small engine shops;

(5)

Automobile repair;

(6)

Taxi or limousine services;

(7)

Delivery service;

(8)

Clinics, doctor, dentist offices;

(9)

Restaurants;

(10)

Animal hospitals;

(11)

Dress shops;

(12)

Millinery shops;

(13)

Tea rooms;

(14)

Other uses, as determined by the director of planning and zoning.

(e)

Home occupations do not include yard or garage sales and are permitted as an accessory use only when all of the following criteria are met:

(1)

Area of use: Home occupations shall be entirely located and contained within the residence and shall not be located in garages or other accessory structures on the lot. No visible evidence of the business shall be apparent from the street or surrounding lots or areas.

(2)

Percentage of floor area: A home occupation shall use no more than 20 percent of the total dwelling unit floor area.

(f)

The home occupation shall be conducted only by family members residing on the premises with assistance from no more than one non-family member not residing on the premises. Regardless of the number of home occupations on site, there shall be no more than one non-resident employed on the premises.

(g)

Commercial sales, exchange of goods or other items constituting a sale between the operator of the home occupation and members of the general public visiting the premises shall not be permitted on the premises of the home occupation. Sale of merchandise through internet or mail order catalog are permitted providing the general public are not physically visiting the residence of the individual offering the merchandise for sale for the sales transaction. Members of the general public shall not include persons in the home by prior individualized invitation.

(h)

Repairs or leasing of items shall not be a permitted use of a home occupation.

(i)

Deliveries by semi-tractor/trailer trucks are prohibited.

(j)

No parking in the public right-of-way shall occur as a result of the home occupation.

(k)

The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations as to the building area, or any other exterior change should not cause the structure to change the residential character nor should it detract from the residential character of the neighborhood.

(l)

Home occupation shall not create excessive noise, dust, dirt, glare, heat, smoke, odors, vibration or bright lighting which would be over and above that of a single residential building. The activity shall not generate any solid waste or sewage discharge that exceeds the volume or type normally associated with residential use in the neighborhood. Production of toxic substances, dumping or outside storage shall not be permitted on the lot site. Interference with radio, television or computer systems transmissions shall not be permitted.

(m)

No exterior storage of merchandise or equipment.

(n)

A home occupation may attract patrons, students or any business related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this chapter shall apply to the activity generated by the home occupation. A home occupation shall also not generate more than six business related visitations per day which shall constitute six arrivals and six departures by vehicles. These standards shall not be construed so as to prohibit occasional group gatherings, recitals, or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitations hours specified in this chapter.

(o)

No signage or other forms of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the yard of a residence.

(p)

The home occupation does not involve any illegal activity.

(Ord. No. 6759-09-2022, § 3(Exh. B), 9-20-2022)

(a)

Pools used for swimming or bathing shall be in conformity with the requirements of this section; provided however, these regulations shall not be applicable if:

(1)

Such pool with walls less than 24 inches in height; or

(2)

Such pool has a surface area of less than 250 square feet.

However in no instance shall the exempt pool be located within a lot's principal front yard. which for the purposes of this regulation shall be the front yard associated with the property's legal address.

(b)

A wall of a private swimming pool shall meet the following setback requirements:

(1)

A minimum of five feet from any rear or side property line.

(2)

A minimum of ten feet from a side lot line abutting a street.

(3)

For pools installed after May 17, 2016, a minimum of ten feet from the any principal structure. Exception: If the fire chief, or his/her designee, determines there is no impact to a required means of emergency egress from a bedroom window or exterior door, the pool wall may be a minimum of five feet from the principal structure.

(4)

A minimum of ten feet from any feature that is higher than the pool wall, such as but not limited to a balcony, raised deck or accessory structure. Exemption: Diving boards, pool slides and features that are normally associated with a swimming pool are not subject to this setback.

(c)

A swimming pool shall not be located in any front yard.

(d)

No portion of the pool, pool deck or equipment associated with the pool shall be placed in an easement. By way of example, this restriction includes raised decks, pervious or impervious brick pavers, waterfalls, water features, water slides, diving boards, staircases. pumps, electrical outlets and conduits, and pool lighting.

(e)

Swimming pools shall be enclosed by a fence no less than four feet in height to a maximum of six feet in height above ground level. Any open area provided shall be evenly distributed throughout the fence, with no breach wider than four inches. Fence shall be compatible with other on-site fencing and shall completely enclose pool area.

(f)

All gates, doors or other openings shall be not less than four feet nor more than six feet in height above ground level and shall be self-latching and compatible with fencing on site. Gates, doors or other openings shall have the capability and a means of being locked and open outward away from the pool.

(g)

An 18-foot overhead electrical wire clearance must be maintained from the nearest point of the pool to the power line. All electrical wiring must conform and be maintained to meet all present city electrical codes.

(h)

Any person, company or corporation completing the installation of a swimming pool within the City of Edwardsville, prior to issuance of the swimming pool permit, shall post a surety bond with the city clerk in the amount of $2,500.00 for the duration of one year protecting the city for the completion of repairs/replacement of damages to any public property. The effective date of the bond shall be one year from the date of the swimming pool permit issuance. For any project that remains incomplete and without an occupancy permit at the time of expiration of the surety bond, renewal for an additional year shall be required. All repairs to the public sidewalks and curb require inspection prior to placement of any concrete.

(Ord. No. 6011-05-16, § 2, 5-17-2016; Ord. No. 6041-04-17, § 2, 4-18-17)

In any district where hospitals and sanitariums are permitted, the following additional requirements shall be met:

(a)

The minimum site for any hospital or sanitarium shall be five acres, provided that for a hospital or sanitarium containing more than 50 beds, the minimum site shall be as follows: ten beds per one acre = total site requirement of acreage.

(b)

All principal buildings shall be located at least 25 feet from all lot lines.

(c)

The site shall have at least a length and/or width dimension of 200 feet.

In any district where nursing homes are permitted, the following requirements shall be met:

(a)

The minimum site for any nursing home shall be two acres; provided that for a nursing home containing more than 40 beds, the minimum site area shall be determined as follows: 20 beds per one acre = total site requirement of acreage.

(b)

All principal buildings shall be located at least 30 feet from all lot lines.

(c)

The site shall have at least a length and/or width dimension of 250 feet.

(a)

Lighting, if used, will be directed away from surrounding properties.

(b)

No residence shall be used as a new or used car lot, implement sales or leasing of other items so therefore deemed under the home occupation section.

Cross reference— Home occupations, § 1248.02.7.

(a)

The lot on which any commercial "kennel" is situated shall have a minimum area of three acres. See definition thereof.

(b)

Every kennel shall be located at least 200 feet from the nearest dwelling and at least 100 feet from any lot line.

Cross reference— Selected definitions, § 1252.02.

When junk yards are permitted, the establishment and/or maintenance of such uses shall be subject to these requirements:

(a)

All storage of parts, equipment and the disassembly of vehicles, shall be done within a completely enclosed building. The perimeter area of a junk yard shall be bounded within a fence of six feet in height and be screened from public view.

(b)

Any junk yard shall not be located less than 500 feet from any residential district boundary.

The regulations of this section apply to travel trailers, utility trailers, accessory trailers, recreational vehicles, and watercraft (each a "subject item"); provided however, the regulations of this section are not applicable to travel trailers or other recreational vehicles parked in a permitted travel trailer park that conforms to the pertinent requirements of a mobile home park within this title. The requirements of subsections (a), (c) and (d) do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicle sales lot:

(a)

No more than one subject item shall be parked on any lot.

(b)

No subject item shall be used as a dwelling when parked in the city.

(c)

No subject item shall be used as an office or for any other commercial purpose.

(d)

The parking or storage of a subject item is allowed in the rear yard only, in side yards by special use permit only; but must remain behind the front yard building line. No living quarters or business shall be maintained in such subject item; and only one such subject item is allowed on any one lot.

(e)

The parking of a subject item in a rear yard shall remain five feet from side and rear property lines and ten feet from the principal structure.

(f)

All subject items shall conform to and not exceed regulations for height and weight restrictions when in use within city boundaries. No subject item shall be parked or stored in a manner which inhibits or impedes travel on city throughways.

(g)

Storage or parking of subject items must not violate any existing city fire codes.

(Ord. No. 6038-03-17, § 5, 3-21-2017)

Any person who intends to establish or conduct a sanitary landfill within the zoning jurisdiction of this municipality shall obtain a permit from the Illinois Environmental Protection Agency and other local authorities indicating that the sanitary landfill fully complies with the applicable state standards.

(a)

Maintenance. All compost bin systems and compost piles shall be maintained according to the regulations provided herein.

(1)

Compost piles without structural containment shall only be permitted on lots ten acres or more in size. Compost piles without structural containment must be placed in one windrow not larger than six feet tall, ten feet wide, and 40 feet long. For every additional acre of land over ten, either one additional windrow may be added or the length of the existing windrow may be extended by an additional 20 feet.

(2)

All compost bin systems and compost piles shall be maintained so as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost pile shall be cause for the city to issue a notice of violation and/or citations as provided by City Code.

(3)

All compost bin systems or compost piles shall be maintained so as to prevent unpleasant, rotten egg-like, putrefactive, sweet, sour or pungent odors.

(4)

No compost bin system or compost pile shall be located less than one foot from the rear property line or one foot from the side property line or within 20 feet of any home, patio, pool or similar structure on the adjacent property.

(5)

No compost bin system or compost piles shall be located in the front yard.

(6)

No compost bin system or compost pile shall be located where it will impede the natural free flow of storm water drainage.

(7)

No compost bin system or compost pile may be placed within 25 feet of any natural body of water, wetland, or area designated as 100-year flood plain.

(b)

Ingredients. Permitted ingredients shall be limited to those listed by the U.S. Environmental Protection Agency.

(c)

Private use only. Finished compost produced from compost bins or piles produced in accordance with this article is for private use only.

(Ord. No. 6750-08-2022, § 2(Exh. A), 8-16-2022)

In any district where private or parochial schools are permitted, the following additional requirements shall be met:

(a)

For each 100 students or fraction thereof, the site shall contain one and twenty-five-one-hundredths acres of land;

(b)

Each principal building shall be located at least 25 feet from all property lines; and

(c)

Must conform to all applicable state and federal regulations.

(a)

All gasoline pumps and other service facilities shall be located at least 25 feet from any street right-of-way line, side lot line, or rear lot line. The regulations of this section apply to auto service.

(b)

Every access way shall be located at least 200 feet from the principal building of any fire station, school, public library, church, park or playground and at least 30 feet from any intersection of public streets.

(c)

Every device for dispensing or selling milk, ice, soft drinks, snacks, and similar products shall be located within or adjacent to the principal building.

(d)

All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.

(e)

Whenever the use of a service station has been discontinued for 12 consecutive months, or for 18 months during any three-year period, the administrator and the local fire marshal authority shall order that all underground storage tanks be removed.

(f)

Prohibited activities in gas stations include, but are not limited to, the following: trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine rebuilding, motor vehicle dismantling, upholstery work and other such activities whose adverse external physical effects would extend beyond the property line.

(g)

Nothing in the abovementioned section is to conflict with any National Fire Protection Association guidelines or the guidelines of the local fire protection authority for construction and/or locational design of a service station or garage. These are minimal standards.

(a)

All body shop repairs to motor vehicles shall be conducted wholly within an enclosed building whose doors shall be closed during all body repairs or painting work; and such enclosed building shall be at least 40 feet from the nearest property line with doors not facing toward any residentially zoned or occupied lot.

(b)

There shall be no parking or storage of damaged motor vehicles except on a temporary basis not to exceed fourteen (14) days. Junk parts and junk vehicles shall not be kept outside the building unless in an enclosed privacy fence. This fence must meet all site fence requirements. See section 1248.02.2 of this chapter.

(c)

Parking shall be provided on the site at a ratio of one parking space for each 3,000 square feet of site area.

(a)

Manufactured housing is an allowable use and must meet all regulations of this title as well as chapter 1224 of this [zoning code]. These units are often called modular homes.

(b)

The state approved manufactured housing unit must comply with the BOCA Building Code, the Illinois State Plumbing Code, the National Electrical Code, and the ASHRAE Energy Standard.

(c)

Units that are manufactured at a factory without the installation of the utilities such as the plumbing, electrical and heating systems are subject only to local regulations like a site-built home. Full sets of building plans are to be submitted to the planning and zoning office prior to installation of units on a site.

(d)

Differences in construction between "manufactured housing" units and "mobile homes":

(1)

Manufactured housing utilizes a permanent perimeter foundation extending below the frost line, front doors are six feet eight inches by three feet, hallways a minimum width of 36 inches, plumbing is vented to the outside, windows are five and seven-tenths square feet and roofs are designed for a load of 30 pounds per square foot. The HUD identification label is yellow.

(2)

Mobile homes are usually supported with concrete blocks, supported by I-beams, front doors are six feet two inches, hallways are 29 inches, plumbing is vented to interior, windows are five square feet and roof loads are designed for 20 pounds per square foot. The HUD identification is a red sticker outside.

(e)

In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area.

(a)

Satellite signal receivers: Receiving dishes are allowable as an accessory use provided they comply with required height and setback restrictions. Other restrictions include:

(1)

A dish antenna and accessory structure may not occupy more than 40 percent of the yard area in which they are located.

(2)

No form of advertising or identification is allowed on the dish or framework other than the manufacturer's small identification plate.

(3)

All lot requirements shall apply when a satellite receiving dish is located on a corner lot.

(4)

In the R-1 district, satellite receiving dishes can be mounted on any structure subject to applicable restrictions.

(b)

General requirements for solar and wind energy systems:

(1)

Compliance with Building Code: Building permit applications for solar and wind energy systems shall be accompanied with the following:

a.

Standard drawings of the support structure, including the tower, base, and footings. An engineering analysis of the tower or support structure showing compliance with the adopted Building Codes and certified by a licensed engineer or architect shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.

b.

Line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the adopted Building Codes. This information is frequently supplied by the manufacturer.

(2)

Compliance with Federal Aviation Administration (FAA) regulations: All energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(3)

Utility notification: No energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(4)

Liability insurance required: The owner of any wind tower must carry a minimum of $1,000,000.00 comprehensive general liability insurance. A certificate of insurance naming the city and the property owner where the tower is situated as additional insured's must accompany the application. The policy must remain in effect for as long as the wind tower remains.

(5)

Application: Every applicant for a solar or wind energy system shall submit to the zoning administrator in written narrative and/or graphic form an application which includes all the items of information listed below:

a.

Name, address and telephone number of property owner and the name, address and telephone number of the installer of system.

b.

Description of the proposed solar or wind energy system indicating the following:

1.

Plan showing the proposed location of the system on the lot;

2.

System dimensions and specifications,

3.

Landscape screening plan if required;

4.

Evidence showing compliance with applicable setback requirements;

5.

Distance of the structure or facility to property lines;

6.

Distance to any roads or overhead utility lines;

(c)

Solar energy system requirements. All solar energy systems must comply with the following:

(1)

Roof mounted.

a.

Roof mounted solar energy systems must conform to the height regulations of the zoning district in which the property where the solar energy system is to be installed is located.

b.

The solar energy system may be located on a designated historical landmark or in a historic district only with an approved certificate of appropriateness from the historic preservation commission as provided for in chapter 54 of the city ordinances.

c.

Roof-mounted systems on pitched roofs that are visible from right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.

d.

Roof-mounted systems on flat roofs that are visible from right-of-way shall not be more than five feet above the finished roof and shall meet rooftop equipment or mechanical system screening.

e.

All solar panels shall be anti-reflective.

(2)

Ground-mounted.

a.

Ground-mount solar energy systems are considered accessory structures and must adhere to accessory use regulations in the zoning district it is located in.

b.

Design.

1.

The proposed system is no larger than necessary to provide 120 percent of the electrical and/or thermal energy requirements of the structure to which it is accessory as determined by a licensed electrical contractor or engineer in good standing with the State of Illinois and verified by City of Edwardsville Public Works staff.

2.

The solar panels and supporting framework shall not extend more than 15 feet in height when oriented at maximum tilt.

3.

All solar panels shall be anti-reflective.

c.

Location.

1.

Solar energy systems may be installed in the front yard on lots that are equal to or greater than two acres and have front yard depths of 100 feet or more. Solar energy systems located in the front yard must meet the front yard setback for the zoning district it is located.

2.

The solar energy system including any appurtenant equipment shall not be located within any required setback areas or easements, or on a wetland as designated by local, state or federal authorities.

3.

The panels shall be mounted as close as possible to the ground, with a minimum distance above ground of two feet and with a mounting angle to provide maximum solar efficiency.

4.

The system may be located on a designated historical landmark only with an approved certificate of appropriateness from the historic preservation commission as provided for in chapter 54 of the city ordinances.

d.

Screening.

1.

Ground mounted solar energy systems must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, walls, plantings, or other architectural feature, or any combination thereof; provided, however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.

(d)

Wind energy system requirements. Wind energy systems shall only be allowed in manufacturing (M-1) zoning districts and shall require the issuance of a special use permit from the zoning board of appeals. Wind energy systems shall comply with the following:

(1)

Wind energy systems located on the ground shall be classified as accessory structures.

(2)

Height: For property sizes between one acre and 1.99 acres, the tower height shall be limited to 80 feet. For property sizes of two acres or more, tower height is limited to 200 feet, except as otherwise restricted by FAA regulations.

(3)

Set-back: Ground-based wind energy systems on towers must be set back a distance equal to at least 100 percent of the height of the facility from any adjoining lot line.

(4)

Noise: Wind energy systems shall not exceed 60 Dba (decibels), as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

(5)

Wind turbines: Wind turbines must have been approved under any small wind certification program recognized by the American Wind Energy Association.

(6)

Roof-mounted wind energy systems are prohibited.

(7)

Fencing: Towers shall be enclosed by security fencing or wall not less than eight feet in height and shall also be equipped with an acceptable anti-climbing device or design; provided, however, that the zoning board of appeals may waive such requirements as they deem appropriate.

(8)

Landscape: The tower shall be landscaped with a buffer of plant materials that effectively screen the view of the base of the facility and any turbine-related equipment located at the base of the facility. The standard buffer shall consist of a landscaping planted with minimum six-foot high evergreen trees. Landscaping must be well-maintained and provide a minimum of 80 percent opacity on a year-round basis within three growing seasons.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In cases where towers are located on lots where natural growth or land forms such as berms provide a visual barrier to the base of the turbine tower and related equipment, the applicant may request and zoning board of appeals may allow for an existing buffer equivalent to 80 percent opacity up to six feet in height to serve as the landscape buffer.

(9)

No tower shall be located on a wetland as designated by local, state or federal authorities.

(Ord. No. 6038-03-17, § 6, 3-21-2017; Ord. No. 6800-07-2024, § 2(Exh. A), 7-2-2024)

(a)

This section applies to electrical substations, gas regulator stations or any other public utility:

(1)

No public office, repair or storage facility shall be maintained in conjunction with substations or exchanges.

(2)

The building or structure housing the utility shall be constructed in a manner that is consistent with the general character of the neighborhood in which it is located.

(3)

The area location of such facility shall be landscaped in a manner which is consistent with the surrounding area.

(4)

When facilities are located inside a building, the building shall meet the requirement for a structure in that zoning district.

(5)

No facilities of this type are permitted outside an enclosed structure and/or fence approved by the administrator.

(b)

Screening of at least ten feet in height and of sufficient density to block the view from the right-of-way and adjacent property shall be installed around every such utility. Furthermore, if the administrator determines that the facility poses a safety hazard (e.g.—an exposed transformer), a secure fence of at least eight feet in height shall be installed behind any planting screen.

(c)

Public utilities may be located in B-1, B-2 and M-1 districts by special use permit.

(d)

Telecommunications services and facilities are governed by section 1248.04 of this code.

In any district where individual water and sewer systems are used in place of public water and/or sewerage facilities, the minimum lot width and depth shall be subject to approval of the zoning board of appeals but shall not be less than required for the district in which the use is to be located or less than one acre in area, whichever is greater; or have less frontage than 125 feet. When doubt exists with the zoning board as to the adequacy of soil structure of the lot to properly accommodate an individual water and sewer system, the zoning board may require the property owner to obtain an opinion from the soil and water conservation district as to the size of the lot required for an individual water and/or sewer system to operate on the lot according to safe health standards. Madison County approval is also required for these types of systems. If the professional's or county's findings indicate that larger lots are necessary, based upon a recommendation by the zoning board of appeals, the city council may require a lot size in excess of the minimum area defined previously in this section. However, no such alteration shall be made by the zoning board without first having held a public hearing.

No temporary structure (including recreational vehicles, travel trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this title.

In any district where churches are permitted, the following additional requirement shall be met:

(a)

For each 75 seats (where benches are provided, each 24 inches of said benches shall constitute a seat or fraction thereof) the site shall contain at least one-half acre of land.

(b)

Each building shall be located at least 25 feet from all property lines.

In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:

(a)

In any residential zone district all municipally or publicly owned buildings shall be located at least 25 feet from all property lines.

(b)

In any zone district, there shall be no permanent outside storage of any construction or maintenance equipment (such as excavating, road building or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six feet in height. Such storage areas, yards or warehouses will be located at least 25 feet from any front and/or side property line.

In any district where tree and plant nurseries and/or greenhouses are permitted, the establishment of such uses shall be subject to the following requirements:

(a)

No fertilizers, compost, manure or other odor-producing substance shall be stored within 50 feet of any property line.

(b)

Greenhouse heating plants or other similar facilities shall be in an enclosed building and shall not be less than 50 feet from any property line.

In any district where day care centers for children or adults are permitted, the following additional requirements shall be met:

(a)

State licensing: Day care centers for children and adults uses shall be licensed by the State of Illinois under the Illinois Child Care Act (225 ILCS 10) or the Illinois Nursing Home Care Act (210 ILCS 45) or other applicable Illinois statute and shall meet all county and state health department requirements pertaining to facilities, equipment, and other features as well as complying with all applicable regulations of the city.

(b)

Vehicle drop-off area requirements. For child day care centers, one space/employee plus either of the following:

(1)

Two parking spaces for the first ten children plus one parking space for every ten additional children, or fraction thereof, for whom care is provided; or

(2)

A drive through facility with adequate "pullover" space out of the flow of driveway traffic for two additional vehicles.

(c)

Child daycare centers which not an accessory use for a primary existing use or facility shall be required to submit a site plan depicting how drop-off parking requirements have been satisfied in addition to a copy of their state license to operate said center.

1.

Purpose and applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of Edwardsville. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

2.

Adult-use cannabis craft grower: In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

2.1

Facility shall not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home in the City of Edwardsville. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.2

Facility shall not be located within 250 feet of the property line of a pre-existing property zoned for residential purposes in the City of Edwardsville.

2.3

Facility shall not conduct any sales or distribution of cannabis other than as authorized by the Act.

2.4

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "retail and commercial service uses" per section 1250.13 (Off-Street Parking and Loading; tables).

2.5

Petitioner shall file an affidavit with the City of Edwardsville affirming compliance with all local laws and regulations and all other requirements of the Act.

3.

Adult-use cannabis cultivation center: In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

3.1

Facility shall not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home in the City of Edwardsville. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

3.2

Facility shall not be located within 250 feet of the property line of a pre-existing property zoned residential purposes in the City of Edwardsville.

3.3

Facility shall not conduct any sales or distribution of cannabis other than as authorized by the Act.

3.4

For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "retail and commercial service uses" per section 1250.13 (Off-Street Parking and Loading; tables).

3.5

Petitioner shall file an affidavit with the City of Edwardsville affirming compliance with all local laws and regulations and all other requirements of the Act.

4.

Adult-use cannabis dispensing organization: In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

4.1

Facility shall not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home in the City of Edwardsville. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

4.2

Facility shall not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes in the City of Edwardsville.

4.3

At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall, other than as authorized in section 6.5 below in the same tenant space, be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

4.4

Facility shall not conduct any sales or distribution of cannabis other than as authorized by the Act.

4.5

On-site consumption of cannabis is not permitted.

4.6

For purposes of determining required parking, said facilities shall be classified as "retail and commercial service uses" per section 1250.13 (Off-Street Parking and Loading; tables).

4.7

Petitioner shall file an affidavit with the City of Edwardsville affirming compliance with all local laws and regulations and all other requirements of the Act.

5.

Adult-use cannabis infuser organization: In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

5.1

Facility shall not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home in the City of Edwardsville. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

5.2

Facility shall not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes in the City of Edwardsville.

5.3

At least 75 percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

5.4

For purposes of determining required parking, said facilities shall be classified as "retail and commercial service uses" per section 1250.13 (Off-Street Parking and Loading; tables).

5.5

Petitioner shall file an affidavit with the City of Edwardsville affirming compliance with all local laws and regulations and all other requirements of the Act.

6.

Adult-use cannabis processing organization: In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

6.1

Facility shall not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home in the City of Edwardsville. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

6.2

Facility shall not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes in the City of Edwardsville.

6.3

At least 75 percent of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

6.4

For purposes of determining required parking, said facilities shall be classified as "retail and commercial service uses" per section 1250.13 (Off-Street Parking and Loading; tables).

6.5

Petitioner shall file an affidavit with the City of Edwardsville affirming compliance with all local laws and regulations and all other requirements of the Act.

7.

Adult-use cannabis transporting organization: In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

7.1

Facility shall not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home in the City of Edwardsville. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

7.2

Facility shall not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes.

7.3

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

7.4

For purposes of determining required parking, said facilities shall be classified as "retail and commercial service uses" per section 1250.13 (Off-Street Parking and Loading; tables).

7.5

Petitioner shall file an affidavit with the City of Edwardsville affirming compliance with all local laws and regulations and all other requirements of the Act.

8.

Additional requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

9.

Co-location of cannabis business establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the Codified Ordinances of the City of Edwardsville Code of Ordinances.

In a co-location, the floor space requirements of section 6.3 and 7.3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 6625-11-19, § 3, 11-19-2019)

a.

All drive-through restaurants shall provide stacking spaces as follows:

1.

Four spaces from (and including) the service window (closest window to the order point, if there are two).

2.

Eight spaces from the order point.

3.

When there are two order points, stacking spaces beyond the order point may be shared, but 12 shall be required.

4.

In instances where ordering is done remotely and there is no on-site order point, four stacking spaces shall be provided from the service window.

5.

All stacking spaces shall be measured at 19 feet in length.

6.

All spaces shall be provided on-site and may not obstruct cross-access easements.

7.

When ordering is done at the service window, a minimum of eight stacking spaces shall be provided, including the space at the service window.

b.

An escape lane measuring a minimum width of 12 feet in width shall be provided adjacent to the drive thru stacking lane(s). When there are two order points, the escape lane shall be adjacent to the outermost lane.

(Ord. No. 6674-10-2020, § 3, 10-20-2020)

Purpose and applicability. It is the intent and purpose of this section to establish regulations regarding short-term rentals in order to safeguard the peace, safety, and general welfare of neighborhoods within the City of Edwardsville. This section intends to minimize negative secondary affects related to short-term rentals including excessive noise, disorderly conduct, and illegal parking. Such short-term rental shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits as well as all regulations provided in this section and all other city codes.

(a)

General provisions.

(1)

Every short-term rental (Type A, Type B, and Bed and Breakfasts) shall be licensed and registered annually.

(2)

Every short-term rental (Type A, Type B, and Bed and Breakfasts) shall pass a city inspection annually prior to being advertised as available.

(3)

All short-term rentals are limited to a maximum duration of less than 30 consecutive days.

(4)

All short-term rental units must be rented on a daily basis.

(5)

All short-term rental properties must provide off-street parking on the premises in the approved driveway or garage.

(6)

The owner shall post the current short-term rental permit number on or in any advertisement appearing in any written publication or any website that promotes the availability or existence of a short-term rental unit.

(7)

Short-term rental licensee shall be required to keep financial records for at least three years.

(8)

Short-term rental units shall be subject to and shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits.

(9)

Any short-term rental shall be subject to the hotel and motel tax and associated requirements of chapter 106 article XXII (Municipal hotel/motel tax) of the codified ordinances of the City of Edwardsville.

(10)

This appendix shall not apply to lease-backs for real estate transactions.

(b)

Type A short-term rental—Owner occupied requirements.

(1)

"Type A" short-term rentals are permitted in "B-1A," "B-1B," "B-1C," and "MU-1" Districts and in "R-1," "R-EL," and "R-2" Districts.

(2)

The owner of the dwelling shall maintain the short-term rental as their permanent residence and shall reside on the premises at the time that short-term rental guests are present.

(3)

No more than one unit in any dwelling may be rented at the same time as a short-term rental unit.

(4)

Only one group of patrons in a 24-hour period shall be allowed in a "Type A" short-term rental unit.

(5)

Not more than 30 "Type A" short-term rental units shall be permitted within city limits.

(c)

Type B short-term rental—Non-owner occupied requirements.

(1)

The owner of the dwelling is not present on-site during the short-term rental.

(2)

"Type B" short-term rentals are only permitted by special use permit in "B-1A," "B-1 B," "B-1 C," "MU-1," "R-1," "R-EL," and "R-2" Districts that are located within the adopted Type B short-term rental boundary map. "Type B" short-term rentals shall also be permitted by special use permit within the Leclaire Historic District.

(3)

Only one group of patrons in a 24-hour period shall be allowed in a "Type B" short-term rental unit.

(4)

Not more than 30 "Type B" short-term rental units shall be permitted within city limits.

(d)

Bed and breakfast.

(1)

A bed and breakfast is permitted by special use permit only in the "B-1 A," "B-1B," "B-1C," "MU-1," "R-1," "R-EL," and "R-2" Districts.

(2)

A bed and breakfast shall meet the following regulations:

i.

The property shall be owner-occupied and the owner shall be the operator of the establishment.

ii.

The maximum length of stay for any guest for any consecutive period of time shall be seven days.

iii.

The maximum number of bedrooms for a bed and breakfast use shall not exceed five.

iv.

No cooking facilities shall be permitted in any of the rented rooms.

v.

Meals may be served to overnight guests only.

vi.

Signs shall meet the requirements of section 94-42.

vii.

All bed and breakfast establishments shall meet all applicable municipal, county, and state requirements.

(e)

Enforcement.

(1)

A short-term rental unit license application shall be denied if the owner has a short-term rental unit license revoked within the past 12 months for the same or other short-term rental unit. If the short-term rental license is revoked twice, no short-term rental license shall subsequently be issued for such owner or such short-term rental unit property.

(2)

In "Type-B" short-term rentals where the owner is not present, upon any notification that any transient, occupant or guest of the short-term rental unit property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violation of any applicable law, rule or regulations pertaining to the use and occupancy of the short-term rental unit property, the owner shall respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner to respond to such calls or complaints regarding the condition, operation or conduct of the occupants and/or guests of a short-term rental unit in a timely and appropriate manner shall be grounds for revocation of the short-term rental license and shall subject the owner to all administrative, legal and equitable remedies available to the city.

(3)

Must comply with chapter 74 article II (Peace disturbance) of the codified ordinances of the City of Edwardsville.

(Ord. No. 6708-09-2021, § 2(Exh. A), 9-21-2021; Ord. No. 6759-09-2022, § 2(Exh. A), 9-20-2022)

(a)

Designation of electric vehicle charging stations. Electric vehicle charging stations shall be differentiated as follows:

(1)

Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit. Level 1 chargers are mounted inside or outside of a structure and are used for charging for the homeowners' personal vehicles only.

(2)

Level 2 is considered medium charging and operated on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

(3)

Level 3 is considered fast or rapid charging and operated on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations are typically referred to rapid charging stations and typically use DC power and industrial grade electrical outlets that allow for faster recharging of electric vehicles.

(b)

Locations permitted.

(1)

Level 1 and Level 2 electric vehicle charging stations are permitted in all zoning districts. In residential zoning districts, Level 1 and Level 2 chargers shall be installed for personal use only, accessory to the to the principal residential use. Parking lots for the purpose of electric vehicle charging stations are not permitted in residentially zoned area.

(2)

Level 3 electric vehicle charging stations are permitted in all mixed use, commercial, and industrial districts.

(c)

Standards for electric vehicle charging stations. Electric vehicle charging stations utilizing parking stalls located in a public or private parking lot or public or private parking garage shall comply with the following standards. Due to rapidly changing technology and anticipated changes to charging stations, batteries, and electric vehicles, the city planner and public works director may authorize variations from this section, so long as the requirements of subsection (b) (Locations permitted) are met.

(1)

Electric vehicle charging only. Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only. No person shall stop, stand, or park any vehicle in areas designated for electric vehicle charging for any purpose except charging of an electric vehicle.

(2)

Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in subsection (6) of this section. All signage, including any wayfinding signage associated with charging stations, shall comply with section 94-42(b).

(3)

Accessibility. When electric vehicle charging stations are provided, accessible charging stations must be provided as follows. In addition to these standards, all state and federal requirements shall apply.

a.

For every 50 (or portion thereof) charging stations provided, one accessible charging station shall be provided.

b.

Accessible charging stations shall be located in proximity to the buildings or facility entrances and shall be connected to a barrier-free accessible route of travel.

c.

All accessible charging stations shall meet the requirements of standard ADA parking spaces. Bollards, wheel stops, or curbs shall be used to protect the charging station, but must not obstruct use of the station.

(4)

Lighting. Lighting shall be provided in accordance with typical parking lot lighting, regulated by section 1250.10.

(5)

Equipment. Equipment for electric vehicle charging stations shall comply with the following standards:

a.

Charging station outlets and connector shall be no less than 36 inches or no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

b.

Equipment shall be protected by wheel stops or bollards.

c.

Electric vehicle charging stations shall not be placed in an easement.

d.

All charging stations must be setback five feet from the nearest property line.

(6)

Notification. The following information shall be posted at all electric vehicle charging stations:

a.

Voltage and amperage levels;

b.

Hour of operations, time limits, and tow-away provisions;

c.

Safety information;

d.

Contact information for reporting equipment malfunction or other problems.

(Ord. No. 6752-08-2022, § 2(Exh. A), 8-16-2022)

The purpose of this chapter is to provide for the regulation of nonconforming buildings and uses to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted.

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such building, structure or use which shall become nonconforming, upon adoption of this title or any subsequent amendments thereto, may continue subject to the regulations which follow.

(a)

Building or structure designed or intended for a nonconforming use:

(1)

Repairs may be made to a nonconforming building or structure provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, substantially all of which is designed or intended for a use not permitted in the district in which it is located, except to make the building or structure and the use thereof conform to the regulations of the district in which it is located.

(2)

For the purpose of this section, repairs made shall include the replacement of storage tanks, where the safety of operation of the installation requires such replacement and replacement thereof, or substitutions for machinery or equipment not involving structural alterations to the building or structure, except as herein provided.

(b)

Building or structure designed for a permitted use: Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which was designed or intended for a permitted use when originally built in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located. Exception: For single-family residences within an R-1 single-family residence district, any existing non-conforming front, rear, and/or side yard setbacks of the primary residential structure, shall be considered as the setbacks for the subject property for the sole purpose to rebuild to the original building footprint with a structure that is architecturally consistent with the existing structure, however in no case shall the minimum side yard setback be less than five feet for the interior side yard. For corner lots the street side yard shall not be further reduced beyond the existing street side yard setback or ten feet, whichever is less.

(Ord. No. 6038-03-17, § 7, 3-21-2017)

A nonconforming building or structure which is nonconforming as to bulk is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

(a)

Applicable regulation concerning the amount of lot area provided per building unit as provided in this title.

(b)

The allowable floor area ratio or percentage of land coverage as provided in this title.

(c)

The allowable gross floor area per establishment as provided in this title.

(d)

Visibility on corner lots as provided by this title.

(Ord. No. 6038-03-17, § 7, 3-21-2017)

No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all of the regulations of the district in which it is located.

(a)

If a nonconforming building or structure is destroyed or damaged by fire, or other casualty to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the replacement cost, it shall not be restored unless said building or structure and the use thereof, shall conform to all the regulations of the district in which it is located.

(b)

In the event such damage or destruction is less than 50 percent of the replacement cost, all repairs or reconstruction shall be started within one year from the date of such destruction and be completed within one year thereafter.

(c)

If the restoration is not completed in this time period, the building or structure shall be removed and the area cleaned by the owner at the owner's expense.

If the nonconforming use of a building, structure or premises is discontinued for one year, it shall not be renewed, and any subsequent use of the building or structure or premises shall conform to the regulations of the district in which it is located.

(a)

The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations and the uses thereof, conform to all of the regulations of the district in which the building or structure is located.

(b)

The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure nor changed to any other nonconforming use.

(c)

The nonconforming use of land not involving a building or structure or in connection with any building or structure or accessory to the principal use of the land, shall not be expanded, or extended beyond the area it occupies.

The nonconforming use of a building or structure, substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use allowed in said district.

(a)

The purpose of this section is to establish regulations for antennas and towers. The goals of this section are:

(1)

To protect residential area and land uses by minimizing adverse impacts of towers, antennas and telecommunications facilities;

(2)

To encourage the location of telecommunications facilities, towers and antennas in nonresidential areas and to ensure that they are located in areas that minimize adverse impacts;

(3)

To enhance the ability to provide telecommunications services to the community quickly, effectively and efficiently;

(4)

To promote, encourage and require, as appropriate, the shared use/collection of telecommunications facilities and towers as a primary option, rather than construction of additional single-use structures and to encourage the attachment of antennas to existing structures;

(5)

To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;

(6)

To ensure telecommunications, facilities, towers and antennas are configured in a way that minimizes adverse visual impacts by careful design, appropriate siting, landscape screening, and innovative camouflaging techniques;

(7)

To avoid potential damage to property caused by telecommunications facilities, towers and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or are determined to be structurally unsound;

(8)

To ensure that telecommunications facilities, towers and antennas are compatible with surrounding land uses;

(9)

To ensure that telecommunications facilities, towers and antennas do not compromise public safety communications.

(b)

In furtherance of these goals, the city shall give due consideration to its comprehensive plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of these facilities.

Alternative tower structure: Includes clock towers, bell steeples, light poles and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals, the presence of antennas and/or towers. This term also includes any antenna or antenna array attached to the alternative tower structure.

Antenna: Any exterior transmitting or receiving device(s) mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. For purposes of this section, except as to antennas located or proposed to be located in a historic preservation district, the term "antenna" excludes any antenna under 12 feet in total height.

Backhaul network: The lines that connect a provider's tower/cell sites to one or more cellular telephone switching office and/or long distance provider, or the public switched telephone network.

FAA: Federal Aviation Administration.

FCC: Federal Communications Commission.

Guy tower: A tower that is supported in whole or in part by guy wires and ground anchors.

Lattice or self-supporting tower: A tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.

Monopole: A tower consisting of a single-pole constructed without guy wires or ground anchors.

Telecommunications facilities: The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, towers, telecommunications support facilities, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.

Telecommunications service: The providing or offering for rent, sale or lease or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

Telecommunications support facilities: Support buildings, structures and equipment cabinets containing electrical and mechanical equipment and devices used for the reception of or transmission of voice, data image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.

Tower: Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures. This term also includes any antenna or antenna array attached to the tower structure. For purposes of this section, except as to towers located or proposed to be located in a historic preservation district, the term "tower" excludes any tower under 12 feet in total height.

Tower height: When referring to a tower or other alternative tower structure, the distance measured from the lowest point on the ground within ten feet of the structure to the highest point on the tower or other alternative tower structure, including the base pad and any antenna.

(a)

New towers and antennas. All new towers or antennas in the city shall be subject to these regulations including pre-existing towers where new antenna are proposed to be added.

(b)

Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas in place prior to the date of adoption of this ordinance shall not be required to meet the requirements of this section, other than the requirements of sections 1248.04.4 and 1248.04.9 or when new antenna are proposed to be installed.

(a)

Principal or accessory use. Telecommunications facilities, towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same zoning lot shall not preclude the installation of an antenna or tower on such lot.

(b)

Lot size. For purposes of determining whether the installation or telecommunications facilities, towers and antennas complies with this section, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire zoning lot shall control, even though the telecommunications facilities may be located on leased parcels within such lot.

(c)

Inventory of existing sites. Every applicant shall provide to the zoning administrator an inventory of its existing telecommunications facilities, towers and antennas, or sites which have been approved for telecommunications facilities, towers and antennas, or for which applications or petitions for approval have already been filed, that are either within the jurisdiction of the city or within one and one-half miles of the border thereof, including specific information about the location, height and design of each telecommunications facility, tower and antenna. The zoning administrator may share such information with other applicants applying for administrative approvals or telecommunications facilities permits under this section or other organizations seeking to locate telecommunications facilities within the jurisdiction of the city provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)

Aesthetics. Antennas and towers shall meet the following requirements:

(1)

Towers shall be of the monopole style and maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the accessory buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(f)

State or federal requirements. All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate telecommunications facilities.

(g)

Building codes; safety standards. To ensure the structural integrity of telecommunications facilities, towers and antennas, the owner shall ensure that they are constructed and maintained in compliance with standards contained in applicable state or local building codes and the applicable standards published in the National Electrical Code, as amended from time to time.

(h)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

(i)

Non essential services. Telecommunications facilities, towers and antennas shall be regulated and permitted pursuant to this section, and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(j)

Permits and approvals. Owners and/or operators of telecommunications facilities shall certify that all permits and approvals required by law for the construction and/or operation of telecommunications services with the city have been obtained and shall file a copy of all required permits and approvals with the administrative official.

(k)

Signs. No signs shall be allowed on an antenna or tower, except as otherwise required by this section.

(l)

Affidavit for collocation. This section also requires the applicant to submit an affidavit stating that space on the proposed tower will be made available to future users when technically possible and upon commercially reasonable terms.

(m)

Municipal antenna. All owners of telecommunication towers shall allow the city to place its antenna and other radio or communication equipment on the tower at the city's cost, free of charge, where said antenna or equipment does not interfere with the operation of owner's antenna and equipment.

(n)

Damaged antenna or towers. Any tower or antenna installed after the adoption of this section or any pre-existing tower or antenna which sustains damage of less than 50 percent of the cost of replacement may be repaired or replaced in its current location. Any tower or antenna existing prior to the date of adoption of this ordinance which is damaged by more than 50 percent of the cost of replacement may be replaced in its same location; however, any new facilities must comply with the provisions of this chapter other than location.

(a)

Generally. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a telecommunications facilities permit.

(b)

Permitted uses. Telecommunications facilities, towers or antennas located on property owned, leased or otherwise controlled by the city are specifically permitted in any zoning district provided a license or lease authorizing such telecommunications facilities, towers or antennas has been approved by the city, except not in any public right-of way within 750 feet of any residential zoning district.

(a)

Generally. The following provisions shall govern the issuance of administrative approval for telecommunications facilities, towers and antennas.

(1)

The directors of planning and zoning and public works (the "administrative panel") may administratively approve the uses listed in this section.

(2)

Each applicant for administrative approval shall apply to the zoning administrator, providing the information required and a non-refundable fee as set by resolution of the city council from time to time, to reimburse the city for the costs of reviewing the application. An application shall not be reviewed or otherwise acted upon until all required information is completed and delivered to the administrative official.

(3)

The administrative panel shall review the application for administrative approval and shall determine if the proposed use complies with this section.

(4)

The administrative panel shall respond to each such application in writing within 60 days after receiving it by either approving or denying the application. Failure to respond to the applicant within such 60 days shall result in the application being deemed to be denied.

(5)

In connection with any such administrative approval, the administrative panel may administratively waive any zoning district setback, or separation requirements in subsection (b)(2) below, subsection 1248.04.7(b)(4) or separation distances in subsection 1248.04.7(b)(5)(B), Tables 1 and 2, by up to 50 percent.

(6)

In connection with any such administrative approval, the administrative panel may, in order to encourage use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7)

If an administrative approval is denied, the applicant shall file an application for a telecommunications facilities permit pursuant to section 1248.04.7 prior to filing any appeal that may be available under the zoning code.

(b)

List of administratively approved uses. The following uses may be approved by the administrative panel, after conducting an administrative review:

(1)

Alternative tower structures.

(2)

Locating antennas on existing structures or towers consistent with the terms of subsections (A) and (B) below.

(A)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the administrative panel as an accessory use, provided:

(i)

The antenna does not extend more than 15 feet above the highest point of the structure;

(ii)

The antenna complies with all applicable FCC and FAA regulations;

(iii)

The antenna complies with all applicable building codes; and

(iv)

The antenna is set back from any existing or planned off-site residentially zoned property, according to the official zoning map, a distance of no less than 100 feet.

(B)

Antennas on existing towers. To encourage the maximum use of existing towers, an antenna, which is attached to any existing tower, may be approved provided the height of the tower is not increased, except and provided below. To minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers provided such collocation is accomplished in a manner consistent with the following:

(i)

Type. A tower, which is modified or reconstructed to accommodate the collocation of an additional antenna, shall be of the same tower type as the existing tower, unless the administrative panel allows reconstruction as a monopole.

(ii)

Height.

a.

An existing tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower's original height, to accommodate the collocation of an additional antenna.

b.

The height change referred to in subsection "a." above may only occur one time per tower.

c.

The additional height referred to in subsection "a." above shall not require an additional distance separation. The tower's pre-modification height shall be used to calculate such distance separations.

(iii)

On-site location.

a.

A tower, which is being rebuilt to accommodate the collocation of an additional antenna, may be moved onsite within 30 feet of its existing location but not less than 100 feet from any existing or planned residentially zoned property.

b.

A bond in the amount of $25,000.00 shall be required at time of filing an application for relocation under this section to ensure removal of an existing tower. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site, and the existing tower shall be removed in any event no later than six months after the newly relocated tower is functioning.

c.

A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 1248.04.7(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 1248.04.7(b)(5).

d.

The onsite relocation of a tower, which comes within the separation distances to residential units or residentially zoned lands as established in subsection 1248.04.7(b)(5) shall only be permitted when approved by the administrative panel.

(3)

Alternative technology. Installing a microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(4)

Educational uses. Towers or antennas on school property to be used for educational purposes only.

(5)

Site modifications. A modification to an existing site includes any addition, removal, change or alteration of any of the physical equipment or visual components of the wireless facility, including an increase in the number, size, height or elevation of the antenna(s).

(a)

Generally. The following provisions shall govern the issuance of telecommunications facilities permits for telecommunications facilities, towers and antennas:

(1)

If the telecommunications facilities, towers and antennas are not a permitted use, or permitted to be approved administratively pursuant to section 1248.04.6, then a telecommunications facilities permit shall be required in all zoning districts.

(2)

Applications for telecommunications facilities permits under this section shall be submitted to the department of public works for administrative review, forwarded to the appropriate city council committee for public hearing and then forwarded with a recommendation for approval or denial to the city council.

(3)

In reviewing a telecommunications facilities permit the city council may impose conditions to the extent they conclude such conditions are necessary to minimize any adverse effect of the proposed telecommunications facilities, towers, and antennas on adjoining properties, including but not limited to extension façade materials and design.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

(5)

An applicant for a telecommunications facilities permit shall submit the information described in this section and a non-refundable fee as set by resolution of the city council from time to time to reimburse the city for the costs of reviewing the application.

(6)

A minimum site area of 1,500 square feet shall be provided to accommodate a new tower and facilities. The perimeter of such areas shall be screened with evergreen landscaping materials, sight proof fencing or masonry walls, or a combination thereof as approved by the city. Such screening materials shall be a minimum of six feet in height.

(b)

Towers and antennas.

(1)

Information required. In addition to any information required for applications for telecommunications facilities permits pursuant to the zoning code, applicants for a telecommunications facilities permit may be required to submit all, or a portion of, the following information, depending upon the requested use and site:

(A)

The name, address and telephone number of the owner and lessee of the parcel of land as well as for the owner and operator of the telecommunications facility which is the subject of the application. If the applicant is not the owner of the parcel of land, the written consent of the owner shall be evidenced in the application either by separate documents or pursuant to the terms of a lease agreement.

(B)

A scaled site plan clearly indicating the location, type and height of the proposed facility, on-site land uses and zoning, adjacent land uses and zoning (including when located in other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsection (b)(5) below, adjacent roadways, proposed means of access, setbacks from property lines, elevation plan drawn to scale in blueprint form and other supporting blueprints of the proposed facility and any other structures, topography, parking, and other information deemed by the administrative official to be necessary to assess compliance with this section.

(C)

Legal description of the parent tract and leased parcel (if applicable).

(D)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned (or planned) properties.

(E)

A landscape plan showing specific landscape materials.

(F)

Method of fencing, finished color and, if applicable, the method of camouflage and illumination.

(G)

A description of compliance with subsections 1248.04.7(c)—(g), (j)—(m), and subsections (b)(4) and (b)(5) of this section, and all applicable federal, state or local laws.

(H)

Current radio frequency coverage prediction maps showing the area served both prior to and after construction of the proposed telecommunications facility and technical performance goals for the desired signal strength.

(I)

Drive test results, which confirm or refute the areas shown on coverage maps used in planning the system used by the telecommunications provider, if specifically requested by the city.

(J)

A notarized statement by the applicant and tower manufacturer as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(K)

A description of the unsuitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower, including information regarding the number of calls dropped and failed hand-offs between existing call sights within two miles of the city.

(L)

A general description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(M)

An affidavit by the applicant agreeing to the terms relating to removal of the facility, and providing a financial guarantee, in such as is acceptable to the city for said removal, as described in section 1248.04.9.

(N)

Upon written request the applicant will provide the identification of the entities providing the backhaul network for the telecommunications facility described in the application and the method of providing backhaul, wired or wireless.

(O)

A notarized statement by a licensed structural engineer retained by applicant attesting to the structural integrity of the telecommunications facility for its proposed use as well as its ability to hold additional antenna.

(P)

A written statement from applicant's engineer(s) that the construction and placement of the telecommunications facility, tower or antenna will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent residential and nonresidential properties.

(Q)

Color photo simulations showing the proposed site of the telecommunications facility, tower or antenna with a photo-realistic representation of the proposed facility as it would appear viewed from the closest residential property or other adjacent land use.

(2)

Factors considered in granting telecommunications facilities permits. In addition to any standards for consideration of telecommunications facilities permit applications pursuant to this section 1248.04 of the zoning code, the city council, shall consider the following factors in determining whether to issue a telecommunications facilities permit, although they may waive or reduce the burden on the applicant of one or more of these criteria if they conclude that the goals of this section are better served thereby:

(A)

Height of the proposed telecommunications facility, tower or antenna;

(B)

Proximity of the telecommunications facility, tower or antenna to residential structures and residential district boundaries;

(C)

Nature of uses on adjacent and nearby properties;

(D)

Surrounding topography;

(E)

Surrounding tree coverage and foliage;

(F)

Design of the telecommunications facility, tower or antenna with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(G)

Proposed ingress and egress; and

(H)

Availability of suitable existing telecommunications facilities, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (b)(3) below.

(3)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the city council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(A)

No existing towers or structures are located within the geographic area, which meet applicant's engineering requirements.

(B)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements and cannot be enlarged sufficiently to meet their needs.

(C)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(D)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(E)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

(F)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(G)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4)

Setbacks. The following setback requirements shall apply to all telecommunications facilities, towers and antennas for which a telecommunications facilities permit is required; provided, however, that the city council may reduce the standard setback requirements of the goals of this section would be better served thereby:

(A)

Telecommunications facilities, towers and antennas must be set back a distance equal to at least 100 percent of the height of the facility from any adjoining lot line; however, such set backs shall not be less than 100 feet from any existing or planned residentially zoned property and 30 feet from property with other zoning classifications.

(B)

Accessory buildings must satisfy the minimum zoning district setback requirements, but not less than the distances in subsection (A) above, including the provision of transitional yards, if required.

(5)

Separation. The following separation requirements shall apply to all telecommunications facilities, towers and antennas for which a telecommunications facilities permit is required; provided, however, that the city council may reduce the standard separation requirements if the goals of this section would be better served thereby.

(A)

Separation from off-site uses/designated areas.

(i)

Tower separation from off-site uses/designated areas shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(ii)

Separation requirements for towers shall comply with the minimum standards established in Table 1.

(B)

Separation distances between towers.

(i)

Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

(6)

Security fencing. Telecommunications facilities shall be enclosed by security fencing or walls not less than eight feet in height and shall also be equipped with an acceptable anti-climbing device or design; provided, however, that the city council may waive such requirements, as they deem appropriate.

(7)

Landscaping. The following requirements shall govern the landscaping surrounding telecommunications facilities for which a telecommunications facilities permit is required; provided, however, that the city council may waive such requirements if the goals of this section would be better served thereby.

(A)

Telecommunications facilities, towers and antennas shall be landscaped with a buffer of plant materials that effectively screens the view of the facilities. The standard buffer shall consist of a landscaped strip at least ten feet wide outside the perimeter of the facility and planted with minimum six-foot high evergreen trees.

(B)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. No tower or other telecommunications facility shall be located on a wetland as designated by local, state, or federal authorities.

(a)

Antennas mounted on structures or rooftops. The telecommunications support facilities used in association with such antennas shall comply with the following:

(1)

The telecommunications support facilities shall not contain more than 450 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related telecommunications support facilities, if over 150 square feet of gross floor area or ten feet in height, shall be located on the ground and shall not be located on the roof of the structure, unless alternative architecturally-acceptable screening is utilized.

(2)

If the telecommunications support facilities are located on the roof of a building, the area of the telecommunications support facilities and other equipment and structures shall not occupy more than 25 percent of the square footage of the roof area.

(3)

Telecommunications support facilities shall comply with all applicable building codes.

(b)

Antennas mounted on utility poles or light poles. The telecommunications support facilities used in association with such antennas shall be located in accordance with the following:

(1)

In residential districts, the telecommunications support facilities may be located:

(A)

In a side yard, provided the telecommunications support facilities are no greater than four feet in height or 24 square feet of gross floor area and the telecommunications support facilities are located a minimum of ten feet from all lot lines. The telecommunications support facilities shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.

(B)

In a rear yard, provided the telecommunications support facilities are no greater than six feet in height or 240 square feet in gross floor area. The telecommunications support facilities shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(2)

In commercial or industrial districts, the telecommunications support facilities shall be no greater than six feet in height or 64 square feet in gross floor area. The telecommunications support facilities shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches. In all other instances, telecommunications support facilities shall be screened from view of all residential properties that abut or are directly across the street from the telecommunications support facilities by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

(c)

Antennas located on towers. The telecommunications support facilities shall not contain more than 240 feet of gross floor area or be more than ten feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(d)

Modification of building size requirements. The requirements of subsections (a) through (c) above may be modified by the administrative panel in the case of administratively approved uses, or by the city council in the case of uses permitted by telecommunications facilities, to facilitate collocation or alternative methods of screening or housing such facilities.

(a)

Any telecommunications facility, tower, or antenna that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of such facility. The owners of the property and/or the telecommunications facilities shall notify the city of their intent to cease operation of such facilities at least 60 days prior to such termination of operation.

(b)

If, upon inspection by the zoning administrator, it is determined that a telecommunications facility, tower or antenna is abandoned, or, upon receipt by the city of the owner's notice to the FCC of intent to cease operations, the zoning administrator shall send a written notice of such abandonment to the owner of the telecommunications facility, tower or antenna and the owner of the property if such owner is different from the owner of such facility. Such notice shall be mailed by certified mail, return receipt requested.

(c)

The owner of the telecommunications facility, tower or antenna and the owner of the property, if such owner is different from the owner of such facilities, shall have 60 days after receipt of the notice to remove all of such facility, including any and all footings and foundations.

(d)

If such telecommunications facility, tower or antenna is not removed within 60 days after receipt of notice from the city notifying the owners of such abandonment, the city may make a claim on the financial guarantee provided by the applicant or remove such facility and file a lien against the property for the costs of removal.

(e)

The city may pursue any and all available legal remedies to insure that an abandoned telecommunications facility, tower or antenna is removed and the property restored to its original condition.

(f)

Any delay by the city in taking action to enforce the removal of an abandoned telecommunications facility, tower or antenna against the owner of the telecommunications facility, tower or antenna, and the owner of the property if such owner is different from the owner of such facility, shall not waive the city's right to take any action at a later time.

(g)

The city may seek to have the telecommunications facility, tower or antenna removed regardless of the owners' or operator's intent to operate such facility, and regardless of any permits, federal, state or otherwise, which may have been issued or granted.

(h)

If the owner of an abandoned telecommunications facility, tower or antenna wishes to use such an abandoned facility, the owner shall first apply for and receive all applicable permits and meet all of the conditions of this section as if such telecommunications facility, tower or antenna were a new facility.

Any decision rendered upon an application to locate, construct or install a telecommunications facility, tower, antenna, or for a telecommunications facilities for any such facility, shall be written and shall include findings of fact supported by substantial evidence in a written record.