Hanna City City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 154.235 CONSTRUCTION AND USE.

(A) No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be constructed, erected, altered, remodeled, extended or moved unless in conformity with all the regulations and standards herein specified for the district in which it shall be located.

(B) No structure shall hereafter be constructed, erected, altered, remodeled, extended or moved:

(1) To exceed the height;

(2) To occupy or house a greater number of bedrooms;

(3) To occupy a greater percentage of the lot area;

(4) To exceed the floor area ratio;

(5) To have smaller or less habitable floor area per dwelling unit or lodging unit; and

(6) To exceed the maximum floor area than hereinafter required or in any manner contrary to regulations and standards of the district in which it is located.

(C) In no case other than in planned developments shall there be more than one main or principal structure, or main or principal use on one lot or tract of land.

(D) No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended or moved prior to the establishment or construction of the main or principal structure, except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure.

(E) No structure shall be constructed or erected on a lot or tract of land or moved to a lot or tract of land, which does not abut a public street or permanent easement of access to a public street. Such easement shall have a minimum width of 20 feet unless an easement of less width was on record prior to the effective date of this chapter.

(F) Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any structure existing or upon which construction was lawfully begun prior to the effective date of this chapter; provided that, such structure shall be completed within one calendar year from the effective date of this chapter.

(G) The performance standards, regulations and standards, rules, requirements, provisions and restrictions set by this chapter shall apply to all structures, uses, lots and tracts of land created or established after the effective date of this chapter and shall not be deemed to require any change in the structures, uses, lots and/or tracts of land lawfully existing on the effective date of this chapter except as expressly specified hereinafter.

(H) The uses permitted in one district shall not be permitted in any other district unless specifically stated.

(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999

§ 154.236 OPEN SPACES.

(A) No part of a yard, buffer strip, or other open space, off-street parking space or loading berth or lot area required about or in connection with any structure or use for the purpose of complying with the regulations and standards of this chapter shall be included as part of a yard, buffer strip or other open space, off-street parking or loading berth or lot area similarly required for any other structure or use.

(B) No yard, buffer strip or other open space, off-street parking space or loading berth, or lot shall be reduced in dimension or area below the requirements set forth hereinafter. Yards, buffer strips or other open spaces, off-street parking spaces or loading berths or lots created or established after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999

§ 154.237 HEIGHT.

(A) The height of any main or principal structure or accessory building may exceed the maximum permitted height by one foot for each additional foot by which the width of each yard exceeds the minimum yard dimension for the district in which such structure is located.

(B) Height regulations and standards shall not apply to spires, belfries, penthouses or domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles and power silos, and other necessary mechanical appurtenances; provided, their location shall conform where applicable to the regulations and standards of the Federal Communications Commission, the Civil Aeronautics Administration and other public authorities having jurisdiction.

(D) All buildings and all main or principal structures shall be positioned on conformance with the setback line regulations and standards specified hereinafter for the district in which they are located.

(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999

§ 154.238 YARDS.

(A) Notwithstanding any other provisions of this chapter, the minimum yard dimensions specified thereinafter shall not be reduced, except through action by the Board.

(B) Yards shall be kept unobstructed for their entire depth except as specified hereinafter.

(C) Private driveways, service drives, easements, sidewalks, flagpoles, arbors, trellises, fences, walls, columns, light poles, hydrants, patios, accessory signs and other decorative recreational, and utility devices and equipment may be placed in any yard.

(D) Fences, walls and/or hedges may be placed in any yard or along the edge of any yard subject to the following restrictions.

(1) Front yard fences shall not be allowed without first receiving approval of the Zoning Board of Appeals. A front yard is defined in § 154.003 of this chapter. If a front yard fence is approved, the fence shall not exceed four feet in height.

(2) Corner lots, as defined in § 154.003 of this chapter, shall be set back a minimum of ten feet from the property line abutting the street and shall not exceed four feet in height. A corner lot, front or side yard fence, shall not be allowed without first receiving approval of the Zoning Board of Appeals.

(3) Side yard fences on interior lots and all rear yard fences shall not exceed six feet in height. An interior lot is any lot that is not a corner lot.

(4) A fence to a height of six feet shall be constructed around any swimming pool of any type either beneath the ground level or above the ground level which now exists or which in the future is constructed and which fence shall have entrances which shall have locks fastened thereto to prevent the entry into the swimming pool enclosed area by unauthorized or uninvited persons. In the event any such fence or pool would necessarily extend beyond the front line of the house on the property of which it is a part, then construction of said fence shall be made only upon obtaining a variance therefore and approval to build the fence from the Zoning Board of Appeals. Persons owning or constructing swimming pools as described above, shall erect the necessary fence and comply with the provisions of this section within 90 days after the effective date of this amendment.

(E) On a corner lot, nothing shall be constructed, erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in an area bounded by the street right-of way lines of such corner lot and a straight line joining points along said street right-of-way lines 50 feet from the nearest point of intersection. Beyond such 50-foot limits, division (D) above shall apply.

(F) This process is required to obtain a permit from the Zoning Board of Appeals to construct a fence. Any fence to be constructed must meet established conditions as hereinafter set forth in this section.

(1) Initiation and application. Any person owning or having an interest in the subject property may file an application for a fence permit. Such application shall be submitted to the Zoning Board of appeals by filing same with the Village Clerk with a plan of the fence and proof that the fence complies with this chapter and requirements herein set forth.

(2) Procedure upon receiving such application. When making the final determination, the Zoning Board of Appeals or its designate shall determine its conformity with the standards below. If all the standards are met, a permit can be granted by the Zoning Board of Appeals or its designate. A final decision will be made within 30 days of receipt of a complete application for a fence permit.

(3) Standards required to obtain a permit. When determining if a fence will be allowed, the Zoning Board of Appeals or its Administrator shall consider the following:

(a) The front yard and corner lot side yard fence does not exceed four feet in height;

(b) The fence shall be at least 40% open in design;

(d) The proposed fence, considering its placement, height and construction, is compatible with the surrounding neighborhood and will not diminish neighboring properties of their full use and enjoyment;

(e) The proposed fence will not impair safety, welfare, light or air, nor substantially diminish or impair property values within the neighborhood, not impair natural drainage or create drainage problems on adjacent properties;

(f) The proposed fence shall not alter the established character of the neighborhood; and

(g) These standards are applicable to all fence applications as herein set forth. Fences for an interior lot side yard and rear yard shall not exceed six feet in height.

(Ord. 13-05-02, passed 5-21-2013)

§ 154.239 EXEMPTIONS FROM REGULATIONS AND STANDARDS.

(A) The following structures and uses are exempted from the application of the district regulations and standards and are permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any similar distributing equipment for telephone or other communications, electric power, gas, water and sewer lines; provided that, the installation shall conform where applicable with the rules and regulations of the state’s Commerce Commission, the Civil Aeronautics Administration and other public authorities having jurisdiction.

(B) A zoning permit shall be obtained for any aboveground electric substation or switching station, gas regulator station, water pump station, telephone exchange or similar utility structure.

(Ord. 13-05-02, passed 5-21-2013)

§ 154.240 SOLAR ENERGY SYSTEMS AND INSTALLATIONS.

(A) Scope. This section applies to all solar energy installations in the village.

(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building that is not a separate mechanical device. Building- integrated photovoltaic solar energy systems replace or substitute an architectural or structural element of a building.

BUILDING-MOUNTED. A solar energy system mounted on a rack that is fastened to or ballasted on a building or structure. Building-mounted systems shall be considered an accessory use.

GROUND-MOUNTED. A solar energy system mounted on a rack or pole that rests or is attached to the ground.

PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.

ROOF-MOUNTED. A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof-mounted systems shall be considered an accessory use.

SOLAR COLLECTOR. A device, structure, or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM. A device, array of devices, or structural design feature where the purpose is to provide for generation, collection, or storage of solar energy.

SOLAR FARM OR FACILITY. A collection of photovoltaic solar panels that collect or store solar energy that generates electricity for the primary purpose of providing electricity off-site from the facility, either retail or wholesale. This definition includes, but is not limited to, any community solar farms, utility solar farms, and large-scale solar farms or facilities. SOLAR FARMS OR FACILITIES are considered principal uses.

(C) Permitted accessory uses. Solar energy systems are considered a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to the requirements as set forth below. Solar energy systems that do not meet the following requirements require a special use permit. Payment of a building or other permit fee may be required prior to installation.

(1) Height. Solar energy systems must meet the following height requirements:

(a) Building-mounted or roof-mounted solar energy systems shall not exceed or cause the building or structure to exceed the maximum height for the zoning district that is associated with the lot on which the system is located.

(b) Ground-mounted or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.

(2) Setback. Solar energy systems must meet the accessory structure setback for the zoning district associated with the lot on which the system is located, as allowed below:

(a) Building-mounted or roof-mounted solar energy systems and its equipment shall not extend beyond the exterior of perimeter of the building on which the system is mounted or built.

(b) Ground-mounted or pole-mounted solar energy systems shall not extend into the side-yard setback or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

(3) Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described below:

(a) Building-integrated photovoltaic solar energy systems. Building-integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the building in which the system is integrated meets all required land use or zoning requirements and standards for the district in which the building is located.

(b) Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflectors affecting adjacent or nearby properties.

(4) Lot coverage. Ground-mounted systems' total collector area shall not exceed half the building footprint of the principal structure.

(5) Compliance with village regulations. Nothing in this section shall be interpreted to waive or suspend any regulations under the Code of Hanna City.

(6) Compliance with government regulations. Nothing in this section shall be interpreted to waive or suspend any regulations or laws of the State of Illinois or the U.S. Federal Government, including any state or federal government agencies.

(7) Variances. Any party may seek a variance from the village regulations where allowed under this chapter.

(8) Plan approval required. All solar energy systems require a building permit or other permit from the village and shall provide a site plan for review.

(a) Plan application. Plan applications for solar energy systems shall be accompanied by a site plan of the project. The plan must show the location of the solar energy system on the building or on the property, dimensions of the system on the property, dimensions of the property, dimensions of all buildings and structures on the property, distance from the property lines to the proposed solar energy system, and the property lines.

(b) Plan approval. Applications that meet the design requirements of this section shall be granted administrative approval by the zoning official or Board of Trustees and shall not require Planning Commission review. Plan approval does not indicate compliance with applicable building codes or electric codes.

(D) Principal uses.

(1) This division (D) applies to ground-mounted solar energy systems that are the principal use on any lot in the village.

(2) Payment of a building or other permit fee may be required prior to installation.

(3) Solar energy systems that do not meet the following requirements require a special use permit:

(a) Height.

1. In non-residential districts, the height of any ground-mounted solar energy system where this division (D) applies shall not exceed 30 feet in height when mounted at maximum tilt.

2. In residential districts, the height of any ground-mounted solar energy system where this division (D) applies must meet the height restrictions of the zoning district that is associated with the lot on which the solar energy system is located.

(b) Setback.

1. The road setback of any solar energy system where this division (D) applies shall be no less than 75 feet from the right-of-way.

2. The setback distance shall be measured from the edge of the solar energy system, not from any fencing or other perimeter screening.

3. In the instance of solar farms or facilities, the following standards shall apply:

A. Solar farms or facilities to be built on more than one parcel and the parcels are abutting, a zero side or rear setback shall be permitted to the property line in common with the abutting parcels.

B. A solar farm or facility must be at least 75 feet away from the nearest principal residential dwelling.

(4) Solar energy systems where this division (D) applies shall be fully enclosed and secured by a perimeter screen or fence with a height of six to ten feet.

(5) Solar energy systems where this division (D) applies shall have warning signs posted at all entrance and exit points along the perimeter fence or screen.

(6) Plan approval required. All solar energy systems require a building permit or other permit from the village and shall provide a site plan for review.

(7) Compliance with village regulations. Nothing in this section shall be interpreted to waive or suspend any regulations under this chapter.

(8) Compliance with government regulations. Nothing in this section shall be interpreted to waive or suspend any regulations or laws of the State of Illinois or the U.S. Federal Government, including any state or federal government agencies.

(9) Variances. Any party may seek a variance from the village regulations where allowed under this chapter.

(E) Decommissioning plan.

(1) Any principal use solar energy system shall be required to have a decommissioning plan to ensure it is properly removed upon the end of the project life or facility abandonment. FACILITY ABANDONMENT for purposes of this section shall mean that no electricity is generated by the solar farm or facility for a consecutive period of two years or when the owner of the solar farm or facility states in writing to the Board of Trustees that the owner intends to abandon, vacate, or cease solar energy operations indefinitely.

(2) The decommissioning plan shall include the method(s) or mean(s) of how the solar farm or facility will be decommissioned.

(3) The owner shall restore the land to a condition reasonably similar to its condition before the development and construction of the solar farm or facility.

(4) Decommissioning of a solar farm or facility shall include the following:

(a) Removal of all structures and debris, including solar energy equipment and fencing or screening;

(b) Restoration of the soil; and

(5) A decommissioning plan shall be submitted prior to the start of construction on the solar farm or facility.

(6) If necessary and upon reasonable notice, the village shall be granted the right of entry onto the property to start or complete decommissioning. The village may seek injunctive relief to start or complete decommissioning, and the village may receive reimbursement from the owner or owner’s successor for decommissioning costs. The village may file a lien against any real estate owned by the owner or owner’s successor for any unpaid reimbursement.

(Ord. 23-10-03, passed 10-3-2023)