A.

Buildings And Permitted Uses:

1.

All buildings hereafter erected, all uses of land or buildings established after the date of adoption of this title, and all structural alterations or relocation of existing buildings occurring after the date of adoption of this title, shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land are located.

2.

However, where a building permit for a building or structure which does not comply with this title has been issued in accordance with law prior to the effective date of this title and provided that construction is begun within twelve (12) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued. The building or structure may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of regulations for nonconforming buildings, structures and uses. ^[9]

B.

Special Use Permits: Any special use permit approved and established under prior law shall be permitted to continue. However, where a special use permit has been approved under prior law and no building permit has been issued or construction commenced, then such permit shall be subject to lapsing conditions of the permit. Where such special use permit contains no lapsing provisions, it shall be valid up to one year of the date of approval, unless a building permit has been issued or construction commenced.

C.

Approved Variations: Any variation established under prior law shall be permitted to continue. However, where a variation has been approved under prior law and no building permit has been issued or construction commenced (where a variation involves construction), then such permit shall be subject to lapsing conditions of the permit. Except, however, where said variation contains no lapsing provisions, it shall be valid up to one year of the date of approval of the permit, unless a permit has been issued or construction commenced.

D.

Pending Applications: Applications on file for any zoning amendment, special use permit, variation or appeal at the time of adoption of this ordinance for which a public hearing was held under prior ordinances shall be governed by the ordinance in effect at the time of hearing. Pending applications which have yet to be heard will be governed under the procedures and requirements of this title.

E.

Zoning Of Annexed Land: For all land not otherwise zoned in accordance with state law upon annexation and designated RR rural single-family residential, any zoning map amendment shall be heard and decided in accordance with the provisions of this chapter. (Ord. 95-28, 5-1-1995)

A.

Development In Floodprone Areas: In addition to the pertinent requirements of this title, every application for a permit or certificate for the use of land or structures located within the designated boundaries of the flood hazard boundary map and/or flood insurance rate map shall be subject to the regulations contained within title 13, chapter 1 of this code.

The zoning administrator shall forward copies of all such applications to the city engineer, along with his finding that the application site falls within a flood prone area.

B.

Required Setbacks: Where a lot is to be occupied for a permitted or special use without buildings, the street, side and rear setbacks required for such lot shall be provided and maintained unless otherwise stipulated in this title, except that side setbacks shall not be required on lots used for garden purposes without buildings or structures. See also chapter 8, article A of this title for the requirements of the CO corridor overlay district.

C.

Number Of Buildings On A Zoning Lot: Except as otherwise approved by the city council as part of a shopping center, planned unit development, or in the R public schools zoning district, not more than one principal building shall be located on a zoning lot.

D.

Minimum Lot Size: Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this title shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. Except, however, on a lot of record on the effective date of this title, the requirements of section 11-13-3 of this title shall be met. In no case shall a lot created illegally be considered a lot of record. (Ord. 95-28, 5-1-1995; Ord. 2005-24, 3-21-2005)

A.

Purpose: Accessory buildings, structures and uses customarily incidental to and commonly associated with a use allowed as a permitted or special use within a particular zoning district may be allowed to occupy the same zoning lot as the permitted or special use. To qualify as an accessory building, structure or use, it shall be operated and maintained under the same ownership and on the same lot as the principal building, structure or use and shall meet the definition for an "accessory use" stated in section 11-2-2 of this title.

B.

Drainage And Utility Easements: Accessory buildings, structures or uses shall not be located on or within any utility or drainage easement created by a duly recorded document.

C.

Height Of Accessory Buildings And Structures: Unless otherwise noted, a detached accessory building or structure shall not exceed the height of the principal building or structure on the zoning lot, or twenty five (25) feet whichever is less, as measured from top of foundation to the highest point of said building or structure.

D.

Attached Accessory Structures: Attached accessory buildings, structures, or uses shall be permitted in designated yards as shown below. Unless otherwise specified below, all attached accessory buildings, structures, or uses shall comply with all zoning district regulations applicable to the principal building, structure, or use to which it is accessory.

ST= Street yard

S = Side yard

R = Rear yard

E.

Detached Accessory Structures, Improvements And Uses: Detached accessory buildings, structures, or uses shall be permitted in designated yards as shown below. Except for properties located in the RR or RE districts (see subsections F. and G. of this section) or unless otherwise specified below, all detached accessory buildings, structures, or uses shall not be less than five (5) feet from an interior side or rear lot line.

ST = Street yard

S = Side yard

R = Rear yard

F.

Accessory Uses In The RR Rural Residential District: Accessory uses and buildings shall be no closer than twenty (20) feet to any rear property line.

G.

Accessory Uses In The RE Estate Single Family District: Accessory uses and buildings shall be no closer than twenty (20) feet to any side or rear lot line. Additionally, accessory uses and buildings with a total floor area in excess of five hundred fifty (550) square feet shall be permitted in the rear yard only.

(Ord. 95-28, 5-1-1995; amd. Ord. 2003-39, 7-21-2003; Ord. 2006-34, 5-15-2006, eff. 6-26-2006; Ord. No. 2007-37, § 1, 9-4-2007; Ord. No. 2011-19, § 1, 3-7-2011; Ord. No. 2016-36, §§ 1, 2, 10-3-2016; Ord. No. 2017-19, § 1, 7-17-2017; Ord. No. 2017-27, § 4, 11-20-2017; Ord. No. 2018-17, § 10, 8-5-2019; Ord. No. 2020-09, § 2, 3-2-2020; Ord. No. 2023-22, § 1, 10-16-2023; Ord. No. 2024-47, §§ 4-5, 10-21-2024)

A.

Certain Exceptions For Street Setbacks And Street Yards On A Through Lot Adjoining A Collector Or Arterial Street: The purpose of this subsection is to permit the traditional use of yards and setbacks and principal and accessory buildings on a residentially zoned lot which has been subdivided as a through lot. For any platted through lot which has frontage on a collector or arterial street for which such parcel has a duly recorded irrevocable covenant or similar restriction precluding vehicular access to such collector or arterial street, then such setback and yard adjoining the collector or arterial street shall be deemed a rear setback and yard under the terms of this title.

B.

Operation Within An Enclosed Building: All business, service, storage and display of goods shall be conducted completely within enclosed structures, except for uses established under subsection 11-4-5B of this title. (Ord. 95-28, 5-1-1995)

A.

Permits And Fees:

1.

Permit Required: No fence or wall shall be erected or placed upon any property without first obtaining a fence permit. Plans indicating specific location, material, type and height of proposed fence or wall shall accompany the permit application filed with the zoning administrator.

2.

Fees: If the fence or wall received approval from the zoning administrator, the city building department shall issue a permit upon payment of the permit fee.

B.

Fence Construction Standards:

1.

Location: A fence, including all posts, bases and other structural parts, shall be located completely within the boundaries of the lot on which it is located. No fence shall be located closer than twelve inches (12") to a public sidewalk. (Ord. 95-28, 5-1-1995)

A copy of a plat of survey of the lot upon which a fence or wall is to be constructed shall be submitted to illustrate the location of the proposed fence. (Ord. 95-79, 12-18-1995)

2.

Construction: Fences shall be designed and constructed to resist a horizontal wind pressure of not less than thirty (30) pounds per square foot.

3.

Finished Side: All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in such cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.

4.

Gate Opening: Except for corner lots and rear yard of a through lot, every fence which creates a wholly enclosed area and adjoins an existing or proposed street right-of-way shall include a gate to provide access to the right-of-way. This provision does not apply to corner lots or the rear yard of a through lot.

5.

Business And Industrial: Property within any business or industrial zoning district which abuts residentially zoned property shall be landscaped and screened in accordance with the provisions of chapter 10 of this title.

6.

Height And Clearance At Grade:

a.

No fence or wall shall exceed a maximum of three feet (3') above the street grade within the visibility triangle. The purpose of this requirement is to provide for visual clearance and traffic safety.

b.

All fences must maintain:

(1)

Three foot (3') clearance from all sides of utility pedestals;

(2)

Six foot (6') frontal clearance and three foot (3') side clearance from all transformers and pedestals;

(3)

Ten foot (10') frontal clearance and three foot (3') side clearance from all switch boxes.

7.

Barbed Wire And Electric Fences: Barbed wire, razor wire, concertina, and the electrification of fencing, are expressly prohibited except in accordance with subsection 8-1-7G of this code.

8.

Swimming Pools: See fence requirements under title 10 of this code.

9.

Tennis Courts: Fences surrounding tennis courts shall not exceed a height of twelve feet (12').

10.

Residential: Fences located in a street yard shall be constructed as an open fence, as defined in section 11-2-2 (Definitions of Words and Terms). However, chain link fences shall not be permitted in a street yard. Fences located in the rear yard of a through lot shall not be required to be constructed as an open fence.

11.

Through Lots: Fences located in the rear yard of a through lot may be constructed in accordance with the maximum fence height restrictions for a rear yard.

C.

Maximum Fence Heights: The measured height of the fence may include an opening between the bottom of fence and grade not to exceed six (6) inches.

1.

Residential Districts:

2.

Business And Industrial Districts:

D.

Enforcement:

1.

It shall be the responsibility of the owner and/or occupant of the property where a fence or wall is erected to maintain the structure in good repair at all times. If a fence is found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular to grade, the building commissioner or his authorized agent may order the fence to be repaired, replaced or removed depending upon the condition of the fence. Such order shall be in writing. (Ord. 95-28, 5-1-1995)

2.

Any person who violates any provision of this section shall be subject to a fine within thirty (30) days of receipt of written notice, as provided in the general penalty in section 1-3-1 of this code for each violation. Each day that the person is found to be in violation of any provision of this section will be considered as a separate violation. (Ord. 95-28, 5-1-1995; amd. 2003 Code)

E.

Exceptions: The provisions of this section shall not apply to fences owned or maintained by the city or to fences constructed and maintained by any other governmental body of agency for which the principal purpose is inherent to public safety. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 11, 8-5-2019; Ord. No. 2022-38, §§ 3, 4, 9-6-2022)

A.

The use of a mobile home as a permanent or temporary dwelling unit is expressly prohibited, unless authorized by city council.

B.

A mobile home shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively underway. Such temporary use as an office or shelter shall require a temporary certificate of occupancy. The temporary use of a mobile home shall cease use and be removed from the site upon completion of development or construction, or upon the issuance of a final certificate of occupancy for the principal use or structure, whichever occurs first. (Ord. 95-28, 5-1-1995)

The requirements of this section shall apply to all satellite antennas greater than twenty-four inches (24") in diameter.

A.

Construction And Placement:

1.

Before proceeding with the construction or alteration of a satellite antenna in the city, a permit shall first be obtained by the owner or his agent from the city.

2.

All satellite antennas shall comply with FCC requirements.

3.

The construction and installation of all satellite antennas shall conform to applicable provisions of title 10 of this code.

4.

Each satellite antenna shall be filtered and/or shielded so as to prevent the emission of radio frequency energy that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to the granting of a building permit, the owner of the satellite antenna shall promptly take steps to eliminate the interference.

5.

Satellite antennas shall be constructed of noncombustible and corrosive resistant material.

6.

Satellite antennas shall be constructed and erected in a secure and wind resistant manner.

7.

The satellite antenna must be adequately grounded for protection against a direct strike of lightning.

8.

Roof mounted satellite antennas shall have a certification from a structural engineer regarding the location stating that the structure is capable of handling the antenna and that said antenna does not provide any additional stress which the structure cannot bear.

B.

Residential Districts: A satellite receiving antenna may be located in any residential district provided that the same:

1.

Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches (2") in height.

2.

Shall be limited to one per zoning lot.

3.

Shall not be roof mounted.

4.

Shall be located only in a rear yard a minimum of ten feet (10') from any lot line.

5.

Ground mounted dishes shall not be located between a building and a front lot line. The full impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential district, all antennas shall be placed a minimum of ten feet (10') from any lot line and effectively screened by a fence, wall, or dense screening hedge to a maximum height of six feet (6'). Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location.

C.

Office, Commercial And Industrial Districts: A satellite receiving antenna may be located in any nonresidential district provided that the same:

1.

Shall be neutral in color and bear no advertising emblem or in formation other than the name of the manufacturer in letters not to exceed two inches (2") in height.

2.

Shall be limited to one per zoning lot or per building, whichever is less.

3.

Dishes must be mounted on either the ground or on a roof. No mounting aboveground on poles of other structures shall be permitted.

4.

If roof mounted shall not extend beyond the maximum height limit of the zoning district.

5.

Ground mounted dishes shall not be located between a building and a front lot line. The full impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential district, all antennas shall be placed a minimum of ten feet (10') from any lot line and effectively screened by a fence, wall, or dense screening hedge to a maximum height of six feet (6'). Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location.

6.

Shall occupy no more than thirty percent (30%) of the yard within which it is located. (Ord. 95-28, 5-1-1995)

A.

Garage Sales:

1.

A permit shall not be required for garage sales.

2.

A garage sale shall be limited to no more than three (3) consecutive days.

3.

No more than three (3) garage sales may take place on any one (1) property in the same calendar year.

4.

All items or merchandise shall be displayed on private property and shall not intrude onto adjacent property or into the public right-of-way.

5.

Garage sale signs cannot exceed six (6) square feet in area and must be placed on private residential property. Such signs shall be limited to one (1) per lot. Garage sales may also be allowed temporary directional signs in the public right-of-way as set forth in section 11-12-8. (Ord. 95-28, 5-1-1995; Ord. No. 2015-29, § 2, 9-8-2015)

A.

Senior Housing:

1.

Purpose: Site selection and development of senior citizen housing shall be designed, erected, maintained and occupied in accordance with the provisions of this section. The guidelines of this section are established in order to provide appropriate sites for the development of such housing and related facilities in locations, wherever possible, that are convenient to the city's social and welfare facilities, convenient to shopping, public transportation and other needs of senior citizens. Further, it is the purpose of this section to establish review criteria which are to be considered in selection and development of sites.

These criteria and standards are established as recommendations against which any senior citizen housing development will be assessed.

2.

Site Criteria And Development Standards:

a.

The following criteria should be considered in the overall design and planning for senior citizen housing:

(1)

A facility should be located in convenient proximity to neighborhood facilities and services, including, but not limited to: medical services, grocery store, bank, pharmacy, retail shops, library, parks and services.

(2)

A senior citizen housing site should preferably be located within two (2) blocks of a bus stop.

(3)

Based on site conditions, and wherever practical, a senior citizen housing site should consider fully landscaped outdoor recreational areas. Consideration should also be given to a composition of small, intimate, private yard and court areas for a variety of passive recreational activities. Safety must be emphasized in the design. The project should also include indoor recreational and social areas accessible to residents for functions and activities.

(4)

Sufficient exterior illumination shall be provided for the safety and convenience of residents, guests and employees. Particular emphasis and sensitivity should be given to recreation areas, walkways and public access locations.

(5)

Overall development security should be considered in the design of the site.

b.

The following standards should apply in the development of senior citizen housing. Other standards may substitute if demonstrated to serve the safety and welfare of the developments residents:

(1)

Sidewalks should be a minimum width of forty-eight inches (48"). It should be of a continuous common surface without abrupt changes in level or interruption of steps.

(2)

Slopes should be limited to an average of five percent (5%). Major on site routes should be limited to five percent (5%) slope, and building entries should have no more than two and one-half percent (2.5%) slope.

(3)

Ramps shall not exceed a gradient of one to twelve (1:12) and shall include a dual handrail system parallel and along the edges of the ramp surface.

(4)

An elevator shall be included in structures of two (2) or more stories in height. The elevator shall be designed to accommodate wheelchairs.

(5)

Curb cuts on site shall be paired, flared ramps offset to allow defined curbs at the corner and the grade shall not exceed a maximum of one to twelve (1:12) with raised markings to alert the visually impaired.

c.

Relationship To Plan Approval: These criteria and standards shall apply to any request for a senior citizen housing development whether considered through site plan approval, special use permit or a planned unit development or other amendment or administrative approval under this title. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 12, 8-5-2019; Ord. No. 2024-47, § 6, 10-21-2024)

In addition to the specific district regulations, each group home shall be required to be separated from any other group home a minimum distance of one thousand three hundred twenty feet (1,320') as measured from the closest distance between property lines. (Ord. 95-28, 5-1-1995)

A.

General Standards:

1.

Accessory dwelling units shall be permitted in all zoning districts which allow single-family dwellings as a permitted use.

2.

Accessory dwelling units shall comply with the yard, setback, and height requirements set forth in section 11-3-3.

3.

Accessory dwelling units shall not be constructed prior to construction of the principal single-family dwelling.

B.

Number. There shall be no more than one (1) accessory dwelling unit, whether attached or detached, on a zoning lot.

C.

Ownership:

1.

The owner of the zoning lot on which the accessory dwelling unit is located, shall occupy either the principal single-family residence or the accessory dwelling unit. For the purposes of this section, the "owner" shall be one (1) or more individuals residing in a dwelling, who hold legal or beneficial ownership and for whom the dwelling is the primary residence for voting and tax purposes.

2.

An accessory dwelling unit may not be held in separate ownership. A lot that includes an accessory dwelling unit may not be further subdivided.

3.

A deed restriction shall be recorded prior to issuance of a building permit for the accessory dwelling unit to provide notice of these requirements to subsequent owners.

D.

Parking. At least two (2) off-street parking spaces shall be provided for the principal single-family residence and at least one (1) additional off-street parking spaces shall be provided for the accessory dwelling unit.

E.

Size. Accessory dwelling units shall not exceed one thousand (1,000) square feet.

F.

Design:

1.

An accessory dwelling unit shall be designed to be clearly secondary to the principal single-family dwelling on the site.

2.

The entry to the accessory dwelling unit shall be such that the appearance of the building shall remain a single-family residence. No new additional entrances to the front of the structure facing the street shall be permitted. No exterior stairways providing access above the ground floor to accessory dwelling units shall be permitted in the street yard.

3.

An accessory dwelling unit shall be constructed to coordinate architectural features and exterior materials with the principal single-family dwelling.

4.

Accessory dwelling units located within a detached garage shall be subject to all requirements for a detached garage as well as requirements for an occupancy permit.

5.

Detached accessory dwelling units shall be located at least ten (10) feet from the principal single-family dwelling.

6.

Accessory dwelling units shall use utility services provided to the principal single-family dwelling and shall not be separately metered.

G.

Nonconforming Uses and Structures:

1.

An accessory dwelling unit shall not be permitted on a lot with an existing nonconforming dwelling unit. For example, an accessory dwelling shall not be permitted on a lot with an existing two-family or three-family dwelling. Accessory dwelling units shall only be permitted on lots with a single-family dwelling.

2.

Nothing shall prohibit a structure existing as of the date of the ordinance from which this section was derived, including a nonconforming structure, from being converted for use to an accessory dwelling unit provided that the conversion complies with this section and the nonconforming provisions set forth in chapter 13.(Ord. No. 2024-47, § 7, 10-21-2024)

A.

Purpose: The city council (hereafter, collectively, the "council") finds that it is necessary and beneficial for the health, safety and welfare of the community to develop these regulations for development of wireless communication facilities ("facilities") in the city in order to:

• Promote the health, safety, and welfare of the public and minimize impacts of facilities on surrounding land uses;

• Establish standards for location, structural integrity, and compatibility;

• Encourage the location and co-location of equipment on existing structures in order to reduce the need for new towers, thereby minimizing visual clutter, public safety impacts, and effects upon the natural environment and wildlife;

• Accommodate the growing need and demand for telecommunication services while protecting the character of the city and its neighborhoods;

• Encourage the availability of affordable, high-speed internet and cellular telephone access for businesses and residents, acknowledging that a growing number of businesses are conducted in whole or in part from homes and/or on-the-go, that increasingly education incorporates on-line learning necessitating good home internet connections for students and faculty, and that government participation and emergency services to the general public are enhanced by fast and reliable cellular and home internet connectivity;

• Encourage coordination between suppliers and providers of telecommunications services to maximize use of existing facilities and structures;

• Establish predictable and balanced regulations within the authority reserved for local land use determination;

• Respond to the mandates of the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, Illinois SB 1451, and other applicable federal and state laws limiting local discretion to regulate location of personal wireless service facilities (PWSF);

• Ensure that applications are reviewed and acted upon promptly, without unreasonable discrimination between providers of functionally equivalent personal wireless services, and so as not to prohibit or have the effect of prohibiting personal wireless services;

• Encourage concealed technologies and the use of public lands, buildings, and structures as locations for facilities;

B.

Definitions: All defined terms used herein are defined in section 11-2-2 of this title.

C.

Use Provisions: A public utility service use which satisfies the definition of "personal wireless services" in section 11-2-2 of this title shall be considered a special use in all zoning districts, except, however, such use may be established as a permitted use in the following locations:

1.

City water tower generally located at the northeast corner of Kirk Road and Fabyan Parkway.

2.

City water tower generally located at the southwest corner of Dodson Street and Eastside Drive.

3.

City water tower generally located at the southwest corner of Logan Avenue and Gray Street.

4.

Tri-Com telecommunications tower located at the city public works facility with a common address of 1800 South Street.

Establishment of such permitted use in these locations will require a lease agreement with the city. No wireless communications facility shall be altered, added to, installed, constructed or permitted unless the applicant has shown compliance with all the requirements of this section. The requirements of section 11-3-12 apply to all wireless communication facilities, whether concealed or not, whether above-ground or underground, including but not limited to existing towers, proposed towers, public towers, replacement of towers, ancillary structures and equipment, co-location on existing towers, base stations, temporary PWSF, and PWSF facilities, subject to the exceptions in subsection D. below, which shall not require a permit under this section.

D.

Exceptions: This section shall apply to all wireless communication facilities in all zoning districts, but shall not apply to:

1.

Any wireless communication facility which meet the "small wireless facility" or "micro wireless facility" definitions as set forth in title 8, chapter 3 of this Code and are located within a public right-of-way in any zoning district or are located outside a public right-of-way but on property located in a commercial or industrial zoning district, which shall be permitted in accordance with title 8, chapter 3;

2.

An amateur radio tower less than seventy feet (70') in height that is used exclusively for non-commercial purposes and which may not be used to collocate commercial wireless services, which shall not require a permit;

3.

A government-owned wireless communication facility erected for a state of emergency officially declared by a federal, state or local government and where the city administrator or designee has made a written determination of public necessity for the facility, and only during the duration of the state of emergency;

4.

A government-owned public safety facility; or

5.

Over-the-air reception devices (OTARD), including satellite earth stations, so long as the device does not require construction of a tower or other structure exceeding twelve feet (12) above the home or building and the device is no more than one meter in diameter in a residential district or two meters in any other district, which shall be regulated pursuant to section 11-3-7 above.

E.

Siting & Design Preferences:

1.

Compliance with Siting Preferences: For every application for siting of new wireless communication facilities on or above ground level (except temporary PWSF and co-locations), the applicant must submit an affidavit by a radio frequency engineer demonstrating compliance with the siting preferences of section 11-3-12-E. below. Where a lower ranking alternative is proposed, the affidavit must address why each of the higher ranked options are not technically feasible, practical, and/or justified.

a.

Where the application is for siting of PWSF, whether for a new facility, Replacement facility or co-location, the following additional decision-making requirements apply:

(i)

If the application is denied, the decision maker shall issue the decision in writing, including the bases for the denial, which must be supported by substantial evidence contained in a written record. The written bases for the decision must be issued contemporaneously with the decision.

(ii)

The application cannot be denied, nor can conditions be applied or required, based upon considerations of radio frequency (RF) emissions safety, other than to require the applicant to demonstrate that all applicable FCC rules are satisfied.

2.

The siting preferences are, in order:

a.

Small cell facility:

(i)

Attached:

1.

Concealed on City-owned property, right-of-way or public easement;

2.

Concealed on other public property;

3.

Concealed on non-public property;

4.

Non-concealed on city-owned property, right-of-way or public easement;

5.

Non-concealed on other public property;

6.

Non-concealed on non-public property.

(ii)

New freestanding small cell facility:

1.

Concealed on City-owned property, right-of-way or public easement;

2.

Concealed on other public property;

3.

Concealed on non-public property;

4.

Non-concealed on city-owned property, right-of-way or public easement;

5.

Non-concealed on other public property;

6.

Non-concealed on non-public property.

b.

Replacement of existing wireless communication facility in any zoning district.

c.

Concealed antenna(s) on a base station.

d.

Non-concealed antenna(s) on a base station:

(i)

On city-owned property in any non-residential zoning district;

(ii)

On other public property in any non-residential zoning district;

(iii)

On non-public property in any business zone.

e.

Co-location or combined wireless communication facility.

f.

Concealed freestanding towers:

(i)

On city-owned property in any non-residential zoning district;

(ii)

On other public property in any non-residential zoning district;

(iii)

On non-public property in any zoning district.

g.

Preferred concealment type (wherever located):

(i)

Tree of a type naturally occurring or normally found in the geographic area;

(ii)

Church steeple;

(iii)

Bell or clock tower.

h.

Non-concealed towers:

(i)

On city-owned property in any non-residential zoning district;

(ii)

On other public property in any non-residential zoning district;

(iii)

On non-public property in any non-residential zoning district.

i.

Preferred tower type (wherever located):

(i)

Monopole;

(ii)

Lattice;

(iii)

Guyed.

F.

General Development Standards:

1.

The development of additional wireless communication facilities shall be accomplished with the objective of co-locating multiple service providers on a single structure to the greatest extent technically feasible. Any existing site where a legal wireless communication facility is located shall be considered a preferred location over any new service structure.

2.

Before proceeding with the placement, construction and/or modification of a wireless communication facility, a building permit shall first be obtained by the owner or his agent, and such placement, construction and/or modification shall conform to the applicable provisions of the building code of the city.

3.

Wireless communication facilities shall comply with applicable state and federal regulations, including, but not limited to, that of the FCC and FAA.

4.

Wireless communication facilities shall be constructed of noncombustible and corrosive resistant material.

5.

Wireless communication facilities shall be erected in a secure and wind resistant manner and shall be compliant with the ANSI/EIA/TIA 222-G (as amended) Class IL Exposure C structural/wind loading standards applicable in Geneva, IL.

6.

Wireless communication facilities must be adequately grounded for protection against a direct strike of lightning.

7.

Prior to the issuance of a building permit, the city shall determine that the new facility will not interfere with any city communication system. Additionally, the petitioner must demonstrate that the proposed facility will not interfere with residential or commercial applications. If any interference is reported, the owner of the facility shall investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time in any successor regulations.

8.

Any proposed wireless communication facility shall be designed so as to minimize the visual impact of the facility by blending it into the existing aesthetic of the area or buffering the facility from view. As part of the application process, applicants for any proposed wireless communications facility shall be required to certify compliance with or exemption from Section 106 of the National Historic Preservation Act and the Illinois State Agency Historic Resource Preservation Act.

9.

Wireless communication facilities not located on a tower or other support structure designed primarily for communications services shall also meet the following standards in addition to those enumerated in subsections 1.—8. above:

a.

If the facility is concealed, the top of antenna(s) shall not be more than thirty-five feet (35') above the existing or proposed building or structure, except that antenna(s) located on the perimeter of the supporting structure shall not be more than ten (10) feet above the supporting structure;

b.

If the facility is non-concealed, the top of the antenna shall not be more than twenty feet (20') above the existing or proposed building or structure and shall not be located on the perimeter of the supporting structure;

c.

New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area;

d.

New antenna mounts shall meet the setbacks and height restrictions of the underlying zone district;

e.

When attached base station antenna(s) and equipment is/are to be located on a nonconforming building or structure, the existing permitted nonconforming setback or height shall prevail;

f.

Concealed base station attached antennas, feed lines and antennas shall be designed to architecturally match the façade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture; and

g.

No signage shall be allowed on an antenna or antenna array that is located on an alternative structure; however, the alternative structure itself may have a sign that was otherwise approved as part of a non-wireless communications facility development application or sign permit.

10.

New wireless communication facilities located on a tower or support structure constructed for wireless communication purposes shall meet the following standards in addition to those enumerated in subsections 1.—8. above:

a.

Height:

(i)

New concealed towers shall be limited to one hundred feet (100') in height. Height calculations shall be made in accordance with FAA standards, and shall include all appurtenances.

(ii)

New non-concealed towers shall be limited to eighty feet (80') in height.

b.

Setbacks. A new tower shall be subject to the setbacks described below for breakpoint technology:

(i)

If the tower has been constructed using breakpoint design technology (see "definitions" in section 11-2-2), the minimum setback distance shall be equal to one hundred ten percent (110%) of the distance from the top of the structure to the breakpoint level of the structure plus twenty feet (20') or the minimum side and rear yard requirements, for that zoning district, whichever is greater. Certification by a registered professional engineer licensed by the State of Illinois of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. (For example, on a one hundred-foot tall monopole with a breakpoint at eighty feet (80'), the minimum setback distance would be twenty-two feet (22') one hundred ten percent (110) of twenty feet (20'), the distance from the top of the monopole to the breakpoint) plus twenty feet (20') or the minimum side and rear yard setback requirements for that zoning district, whichever is greater.

(ii)

If the concealed tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower plus twenty feet (20') or the minimum side and rear yard setback requirements for that zoning district, whichever is greater.

c.

Equipment Cabinets and Equipment Shelters. Electronic equipment shall be contained in either (i) equipment cabinets or (ii) equipment shelters. equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

d.

Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening as described in subsection e.(v) below may be approved through the site plan approval process.

e.

Buffers. The equipment compound shall be landscaped with a minimum ten-foot wide perimeter buffer containing the following planting standards:

(i)

All plants and trees shall be indigenous to northern Illinois.

(ii)

Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping as approved by the building inspector.

(iii)

One (1) row of evergreen trees with a minimum two-inch caliper, twenty-five-foot on center.

(iv)

Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet (5') shall be planted, minimum three-gallon or twenty-four inches (24") tall at the time of planting, five-foot on center.

(v)

Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative locating on the entire subject property may be considered and approved by the building inspector, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.

f.

Signage. Commercial messages shall not be displayed on any concealed tower. Required noncommercial signage shall be subject to the following:

(i)

The only signage that is permitted upon a concealed tower, equipment cabinets, shelters or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.

(ii)

If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty feet (20') and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches (4"), the following: "HIGH VOLTAGE - DANGER."

(iii)

Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.

g.

Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:

(i)

Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required with strobe during daytime and red flashing lights at night unless prohibited by the FAA.

(ii)

Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.

h.

Equipment Compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.

i.

Visibility:

(i)

Concealed:

1.

New concealed towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.

2.

New antenna mounts shall be concealed and match the concealed tower.

3.

In residential zoning districts and in mixed use zoning districts that include residential uses, new concealed towers shall not be permitted on lots where the primary use or principal structure is single-family or two-family residential, group living, day care, or a multi-family structure of fewer than three stories. Examples of land uses/structure types in residential areas where the site may include a concealed tower are: school, religious assembly, fire station, hospital, or other similar institutional/civic uses/structures.

(ii)

Non-Concealed: New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted Antennas will not meet the network objectives of the desired coverage area.

(iii)

Concealed and Non-Concealed:

1.

New concealed and non-concealed towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.

2.

A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height and concealment solution of the proposed wireless communication facility. The applicant shall arrange to raise a red or orange colored balloon no less than three feet (3') in diameter at the maximum height of the proposed tower, and within twenty-five (25) horizontal feet of the center of the proposed tower. The applicant shall meet the following for the balloon test:

• Applicant must inform the Building Inspector and abutting property owners in writing of the date and times, including alternative date and times, of the test at least fourteen (14) days in advance.

• A 3' by 5' sign with lettering no less than three inches (3") high stating the purpose of the balloon test shall be placed at closest major intersection of proposed site.

• The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven (7) but no more than fourteen (14) days in advance of the test date.

• The balloon shall be flown for at least four (4) consecutive hours during daylight hours on the date chosen. The applicant shall record the weather, including wind speed during the balloon test.

• Re-advertisement will not be required if inclement weather occurs.

3.

All towers regulated under this section shall be constructed structurally to accommodate no fewer than four (4) antenna array of equal loading capacity.

4.

Grading shall be minimized and limited only to the area necessary for the new tower and equipment compound.

5.

Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed .65 db as measured at the property boundaries.

11.

Replacement Wireless Communication Facilities.

a.

Replacement proposals must demonstrate in their application by clear and convincing competent evidence that replacement will accomplish at least one of the following:

(i)

Reduction in the number of wireless communication facility support structures or towers;

(ii)

Replacement of a non-concealed tower with a concealed tower;

(iii)

Significant reduction of the visual impact of a wireless communication facility;

(iv)

Replacement of an existing tower with a new tower so as to improve network functionality resulting in compliance with this section; and/or

(v)

Replacement of an existing support structure to increase the number of wireless service providers located on such structure.

b.

Replacement Development Standards. Replacement wireless communication facilities shall meet the meet the following standards in addition to those enumerated in subsections 1.—8. above:

(i)

Setbacks: A new tower approved for replacement shall not be required to meet new setback standards so long as the new tower and its equipment compound are no closer to any property lines or dwelling units as the tower and equipment compound being replaced. The intent is to encourage the replacement process, not penalize the tower owner for the change out of the old facility. (For example, if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks as the tower being removed, even if the old tower had nonconforming setbacks.)

(ii)

Height: The height of the replacement tower or support structure shall not create a substantial change of the facility being replaced.

(iii)

Breakpoint technology: A replacement monopole tower shall use breakpoint technology in the design of the replacement facility.

(iv)

Visibility: Replacement towers or support structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.

12.

Co-Location of Wireless Communication Facilities.

a.

Development Standards. Co-location applicants shall meet the following standards in addition to those enumerated in subsections 1.—8. above. The city requires co-location of wireless communication facilities on existing towers or base stations as a priority over new towers or base stations where such co-location is possible. An administrative permit shall be required for co-location of facilities on an existing tower or base station, and is subject to the following:

(i)

A co-located antenna or antenna array shall not exceed the maximum height prescribed in the applicable land use permit or increase the height of an existing tower by more than twenty feet (20') and shall not affect any tower lighting, except as provided for herein below. A co-location that does not create a substantial change in the tower or support structure shall be approved within sixty (60) days (subject to tolling) in accordance with subsection G. below.

(ii)

If the applicant who seeks to co-locate demonstrates a coverage gap that cannot be addressed by a co-location that meets the height limitations of subsection 10.a. above, the applicant may request a variance of the height limitation. If the co-location is a qualified co-location under 47 U.S.C. §332(c)(7), the public works director or designee shall render a decision within ninety (90) days, subject to tolling, in accordance with subsection G. below.

(iii)

New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

(iv)

The equipment cabinet shall be subject to the setback requirements of the underlying zoning district.

(v)

When a co-located antenna is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

(vi)

No signage shall be permitted on an antenna or antenna array that is co-located on an alternative support structure; however, the support structure may itself be an existing sign, so long as the sign was approved through a non-wireless communication facility development permit or sign permit.

G.

Processing Timelines and Procedures.

1.

Streamlined processing for co-location of PWSF.

a.

If the applicant believes its co-location application is an eligible facilities request or a qualified co-location request, the applicant must submit:

(i)

A complete co-location application specifically requesting streamlined processing and stating the applicable permitting time-frame (e.g., sixty (60) days for eligible facilities request or ninety (90) days for qualified co-location request);

(ii)

Documentation evidencing that any structure proposed to be replaced or modified has previously been subject to zoning/development approval by the city;

(iii)

Documentation evidencing the replacement/modification does not create a substantial change in the underlying support structure or tower, or a statement that it does create a substantial change;

(iv)

Documentation that the proposed modifications will be used to provide personal wireless services.

b.

The public works director or designee shall review and decide eligible facilities request applications for co-location of PWSF.

c.

The public works directors or designee will notify the applicant within thirty (30) days of submission (or within some other mutually agreed upon timeframe) if the submission is incomplete, identifying the specific deficiencies in the application which, if cured, would make the application complete.

d.

Upon notice of deficiency, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency. The public works director or designee shall, within ten (10) days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the 2nd resubmission. Upon resubmitting of the revised application the public works director or designee shall follow the process identified herein, until all deficiencies identified are deemed cured.

If the public works director or designee fails to provide such notification, the application will be deemed complete.

The public works director or designee's decision shall be in writing and shall be postmarked to the applicant within sixty (60) days after the initial submission, excluding any tolling period, for an eligible facilities request, or, for a qualified co-location, within ninety (90) days after the initial submission, excluding any tolling period, or within some other mutually agreed upon timeframe.

If the city does not respond in writing to an eligible facilities request within the specified timeframe, the application shall be deemed approved. If the city does not respond in writing to a request for a qualified co-location within the specified timeframe, the applicant may pursue its remedies established by federal or state law.

2.

Processing for new PWSF tower applications. A new PWSF tower, whether concealed or non-concealed, shall be reviewed and a decision rendered within one hundred and fifty (150) days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions as described in subsection (d) above, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time. ("Spec" towers are not entitled to review and decision within one hundred fifty (150) days, or to any of the other protections of the Telecommunications Act.) Construction permits issued for new PWSF towers shall be valid for a term of eighteen (18) months and shall lapse and be void if construction of the contemplated PWSF structure is not completed within that time.

H.

Application and Fees.

1.

Application materials required for wireless communication facilities shall be in accordance with this section 11-3-12. The application form and requirements are specific to the type of wireless communication facility.

2.

The city council shall establish fees to cover or offset the processing cost of all permits under section 11-3-12 which will be included in the development fee schedule. Every application for a wireless communication facility shall be accompanied by the full payment of the fee established for the type of facility requested. Payment of fees is required in order for an application to be considered complete. The fee shall not be, in whole or in part, deferred or waived.

3.

The city council reserves the right to require, in its sole discretion, a supplemental review by experts for any application for a wireless communication facility where the complexity of the analysis requires technical expertise, and/or for any request to vary any standard articulated under section 11-3-12, and all the costs of such review shall be borne by the applicant, in addition to scheduled fees.

4.

Based on the results of the supplemental review, the public works director or designee may require changes to or supplementation of the applicant's submittal(s).

5.

The supplemental review may address any or all of the following:

a.

The accuracy and completeness of the application and any accompanying documentation.

b.

The applicability of analysis techniques and methodologies.

c.

The validity of conclusions reached.

d.

Whether the proposed wireless communication facility complies with the applicable approval criteria and standards of the Zoning Regulations and other applicable law.

I.

Inspection/Abandonment/Discontinued Use.

1.

Wireless communication facility owners (other than amateur radio towers) shall submit a report to the public works department certifying structural and electrical integrity, as well as continued compliance with RF exposure standards specified in OET-65, upon activation of the facility and thereafter annually on the anniversary of the certificate of completion.

2.

All wireless communication facility structures, equipment, fencing and devices shall be removed from the property and the site returned to its natural state and topography and vegetated consistent with the natural surroundings or current surrounding land uses at the property owner's and/or service provider's expense within one hundred eighty (180) days of cessation of use, or within ninety (90) days of cessation of use if the abandonment is associated with a replacement facility. The city may extend the time for removal and site restoration up to sixty (60) additional days if the owner or service provider so requests and shows good and unique cause for the extension. If removal and/or site restoration is not accomplished within the prescribed time, the city may initiate removal and restoration within thirty (30) days following written notice to the property owner, and the property owner and service provider shall be jointly and severally responsible for all costs associated with the removal and restoration. Fiber optic conduit and cable, whether below or above ground, that is or has been abandoned or the use of which is discontinued for one year shall become the property of the City of Geneva. Easements for the maintenance of such conduit/cable shall also become the property of the City of Geneva, which shall have all the benefit and interest of the original easement holder with respect to installation, maintenance and repair of conduit/cable. In order to guarantee said removal, the applicant for a building permit for placement of wireless communication facilities must post and maintain as a condition of the permit an irrevocable letter of credit, performance bond or other security as approved by the city attorney, in an amount equal to one hundred fifteen percent (115%) of the estimated cost of removal. Terms and conditions regarding the required removal and performance guarantee provisions of this section shall be established as a condition of a special use ordinance.

J.

Required Information For Special Use Applications: In addition to the requirements set forth in section 11-14-6 of this title, each application submitted for a special use permit authorizing the placement, construction and/or modification of a wireless communication facility shall be accompanied by the following information:

1.

Evidence that good faith efforts were made to locate the facility on a permitted use site identified in subsection A. of this section, or at the highest possible preference location/type identified in subsection E. of this section, as well as technical documentation that proves that locating on said permitted use site or on higher ranked location/type in subsection E. is not feasible.

2.

Proof that the proposed site is essential to meet the service demands in the geographic area.

3.

A written facilities plan, including a list of all existing and known future facilities within the corporate limits of the city within the next five (5) years. The facilities plan shall include a map depicting the location of all existing and known future facility locations, including the type of antenna installation and the radio frequency range of each antenna.

4.

Documentation showing that the proposed facility meets the building standards and setback requirements set forth in subsection F. of this section.

5.

A site plan depicting the proposed tower and any accessory buildings or facilities located on the ground.

(Ord. No. 2018-27, § 3, 8-6-2018)

Editor's note— Ord. No. 2018-27, § 3, adopted August 6, 2018, repealed the § 11-3-12, and enacted a new § 11-3-12 as set out herein. The former § 11-3-12 pertained to wireless service. See Code Comparative Table for complete derivation.

Collection bins shall comply with the following permit requirements and regulations:

A.

Permit Required: It shall be unlawful for any person to establish a collection bin without first obtaining a permit from the building commissioner.

B.

Applications for Collection Bin Permits: Application for collection bins shall be made upon forms provided by the building commissioner and shall contain or have attached thereto the following information:

1.

Name, mailing address, telephone number and email address (if available) of the applicant.

2.

Address on which the collection bin is to be placed and proof of ownership of the property.

3.

Two (2) hard copy drawings and one (1) electronic copy drawing of the plans specifying the location of the proposed collection bin.

4.

Such other information as the building commissioner shall require in order to demonstrate full compliance with this and all other codes and ordinances of the city.

C.

Fee: Prior to the issuance of a permit for a collection bin the applicant shall pay to the city a nonrefundable fee of two hundred fifty dollars ($250.00).

D.

Length Of Permit: A permit for a collection bin shall be valid for a period of one (1) year.

E.

Permitted Zoning Districts: Collection bins shall be permitted in all commercial and industrial zoning districts. Collection bins may also be permitted in all residential zoning districts provided they are not located on a property used for residential purposes. For example, a collection bin may be placed on a school or church property located with a residential zoning district.

F.

Number Of Collection Bins: No more than one (1) collection bin shall be permitted per principal use.

G.

Location: Collection bins may be permitted in the street yard, side yard, or rear yard. Collection bins shall be located on a paved or concrete surface and must be placed abutting (next to) the principal structure, shall not obstruct vehicular or pedestrian access or sight lines, and shall maintain no less than five (5) feet of unobstructed space for pedestrian maneuverability. Collection bins shall not be located in parking lots.

H.

Size: Collection bins shall not exceed six and one-half (6½) feet in any dimension.

I.

Construction: Collection bins shall be constructed of steel or other noncombustible materials. Collection bins shall not be constructed of wood, plastic, or any other combustible material.

J.

Display Requirements: All collection bins shall display a maintenance (pick up) schedule. All collection bins must clearly indicate whether or not the operator is a nonprofit organization or a for profit business.

K.

Maintenance Requirements: Collection bins shall be maintained free of debris. Items left outside of the collection bin shall be promptly removed.

L.

Failure To Secure A Permit: Any collection bin established without having first been issued a permit shall be discontinued and required to complete a permit application as set forth herein. The fee shall be doubled for a collection bin that is established without a permit. The application shall be reviewed by the building commissioner as required herein. Any collection bin that does not comply with the provisions of this chapter shall be brought into compliance with the provisions of this chapter.

M.

Violations And Penalty: Where it is found that the applicable requirements and/or regulations of this chapter have not been met, the zoning administrator shall pursue enforcement in accordance with section 11-14-9 of this title. Where the collection bin operator is not the owner of the property on which the collection bin is located, the collection bin operator and property owner shall be held jointly and severally liable for adhering to the provisions of this chapter and any fees or penalties associated therewith. When a permit for a collection bin is revoked, no application for a collection bin shall be approved within twelve (12) months following the revocation.

(Ord. No. 2012-38, § 1, 10-15-2012)

Cannabis business establishments, where permitted by Special Use, shall comply with the following requirements and regulations:

A.

Approval of a Special Use for a cannabis business establishment shall be conditional upon the applicant providing the City of Geneva with documentation proving receipt of all applicable licenses required by the State of Illinois.

B.

Consumption of cannabis and cannabis-infused products on the premises of any cannabis business establishment as defined in the Cannabis Regulation and Tax Act shall be prohibited.

C.

A recreational cannabis craft grower shall not be located within 1,500 feet of another recreational craft grower.

D.

A cannabis dispensing organization, medical or recreational, shall not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing cannabis dispensing organization.

E.

Recreational cannabis craft growers and cannabis dispensing organizations, medical or recreational, shall not be located within one hundred fifty (150) feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day childcare facility, or residential zoning district, specifically the R1, R2, R3, R4, R5, R6, R7, RE, RR, R-PS, D-SFMR, D-SFHR, D-MHR, and D-MFR districts.

F.

No more than one (1) recreational cannabis dispensing organization and one (1) medical dispensing organization shall be permitted in the City of Geneva.

G.

The hours of operation for cannabis dispensing organizations, medical or recreational, shall be restricted to opening no earlier than 8:00 a.m. and closing no later than 8:00 p.m.

H.

Cannabis cultivation centers, medical or recreational, shall not be permitted in any zoning district.

(Ord. No. 2019-29, § 2, 12-9-2019)