Itasca City Zoning Code
§ 16.03
GENERAL DEFINITIONS, GUIDELINES AND PERFORMANCE STANDARDS.
1. Definitions. As used in this Section, and unless the context clearly requires otherwise, the words and terms listed shall have the meaning ascribed to them in this Section.
Above Ground Service Facility - An above ground structure, used by a Service Entity to provide Service to the public, which has a volume above ground surface of greater than twenty-four (24) cubic feet, a linear size greater than four (4) feet in any one dimension, or which is to be located on a concrete pad having an area of greater than twenty-four (24) square feet, or having a footprint in square feet of greater than five percent (5%) of the maximum lot coverage for the lot.
Service Entity - The individual or entity owning or operating any above ground mounted Service Facility as defined in this Article.
2. Additional use permitted on lot. For purposes of determining whether the installation of a Service Facility complies with district bulk regulations, including but not limited to set-back and lot requirements, the dimensions of the entire zoning lot shall control, even though the Service Facility may be located on leased property within such zoning lot(s).
3. Number of Service Facilities. Only one Service Facility shall be located on any zoning lot.
4. Lighting and Color. No visible or audible signals or lights or illumination shall be permitted on a Service Facility, except that a warning or indicator light having the sole purpose of providing a visual indication of the proper functioning of the Service Facility may be permitted. Any permitted warning or indicator light shall be in accordance with industry standards and shall not be of a size or intensity greater than is necessary to achieve this purpose, as determined by the Director of Community Development. Service Facilities shall be of earth tone colors and be maintained in good condition including but not limited to being free of peeling paint, and graffiti.
5. Signage. No signs, advertising, or information shall be allowed on any Service Facility, other than a plaque no larger than four inches (4") by six inches (6") identifying the Service Entity.
6. Compatibility with Structure. When included as part of an existing building or structure, the Service Facility shall be of a material and color that substantially matches the exterior of the building or structure and shall be located or screened in an aesthetically acceptable manner so as not to be visible from any adjacent property and/or right of way. The Director of Community Development shall determine whether the material and color of a Service Facility mounted on a building, structure, or rooftop matches the building, structure, or rooftop and is screened from adjacent right-of-way(s) and/or properties.
7. Security of Service Facilities. Any Service Facility shall be secured and locked at all times, except where testing or maintenance of the Service Facility is being performed and authorized personnel are on-site.
8. Abandonment. In the event the use of any Service Facility has been discontinued for a period of one hundred and eighty (180) consecutive days, the Service Facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Director of Community Development, who shall have the right to request documentation and/or affidavits from the Service Entity regarding the issue of the Service Facility's use. Upon the Director's determination and written notification to the Service Entity of such abandonment, the Service Entity shall have an additional ninety (90) days within which to: (1) reactivate the actual use of the Service Facility or transfer the Service Facility to another Service Entity which makes actual use of the Service Facility; or (2) dismantle and remove the Service Facility, and notify the Director in writing of the completion of such removal. At the earlier date of either (1) two hundred and seventy (270) days from the date of discontinuance without reactivation, or (2) upon completion of dismantling and removal, any special exception and/or variance approval for the Service Facility shall automatically expire without further action by the Village.
9. Equipment and Non Interference. Mobile or immobile equipment not used in direct support of a Service Facility shall not be stored or parked on the site of a Service Facility unless and while repairs or maintenance to such facility are being made, or during a publicly declared emergency. Backup generators shall only be operated during power outages and for testing and maintenance purposes, except in the case of a publicly declared emergency, and shall not be placed on site except when in use or where integrated within the Service Facilities cabinet. Noise attenuation measures shall be included to reduce noise levels to satisfy applicable state and Village performance standards. Testing and maintenance of generators shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m., except in the case of a publicly declared emergency. Service Facilities shall not physically interfere with access to existing structures or utilities.
10. Substantial written evidence of denial. In the course of reviewing any request for any approval required under this Section, the Plan Commission or the Village Board, as the case may be, shall act within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
11. Petition for amendment. Should the application of this Section have the effect of prohibiting a person or entity from providing services to all or a portion of the Village, such provider may petition the Village Board for an amendment to this Section in accordance with the provisions of Section 14.10 of the Zoning Ordinance.
12. Nonconformities. Any Service Facility installed and operating prior to April 4, 2006, being the date on which the Village adopted Ordinance No. 1293-06, "An Ordinance Establishing A Temporary Moratorium on the Construction of Certain Ground Mounted Utility Installations," which would be otherwise prohibited by or subject to this Section, shall be considered a lawfully-existing non-conforming use and/or structure, as the case may be, and shall be subject to the rules on Non-Conforming Building, Structures as provided in Section 5.00 of the Zoning Ordinance.
13. Independent technical expert. The Director of Community Development is explicitly authorized to employ on behalf of the Village an independent technical expert to review any technical materials submitted by the Service Entity, or by other participants submitting an application or petition, including, but not limited to, those materials required under this Section. The applicant or petitioner shall pay all reasonable costs of said review, including any administrative costs incurred by the Village. Hourly rates charged by such independent technical expert shall not exceed those hourly rates customarily charged by similar technical experts within the engineering industry from which the industry derived. Any confidential, proprietary or other such information exempted from disclosure by the Illinois Freedom of Information Act and disclosed to the Village or the expert hired shall remain confidential and exempted from public disclosure in accordance with the Illinois Freedom of Information Act.
(Ord. 1382-07, passed 6-5-07)