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Kankakee County Unincorporated
City Zoning Code

ARTICLE V

- SUPPLEMENTARY REGULATIONS

Sec. 121-281. - Accessory buildings, structures, and uses.

(a)

Accessory buildings, structures, and uses shall be compatible with the principle use and shall not be established prior to the establishment of the principle use, except that the planning director may issue a temporary permit for the residential use by one family of an accessory building, or manufactured home, during the period of time the principle dwelling is under construction but for a period of not longer than 12 months after issuance of the initial building permit.

(b)

Except as otherwise regulated herein, a permanent accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:

(1)

No detached accessory building shall be nearer than ten feet from the nearest wall of a principle building, except that a detached accessory building of the type of construction approved for safety by the planning director may be located nearer than ten feet from a principle building.

(2)

A detached accessory building or structure in a rear yard shall be located no less than five feet from an interior lot line. When on a corner or through lot, a detached accessory building shall be no nearer to a lot line abutting a street than the applicable distance required.

(3)

No detached accessory building or structure in a residence district shall have more than one story or exceed 22 feet in height. Such building height, as defined, shall be measured from the grade of the ground within a ten-foot radius of the accessory building's walls.

(4)

Height of detached structures in commercial and industrial districts such as water towers, flag poles, radio and television antennas shall not exceed 100 feet above curb level, or the highest point in the center of the street or highway if there is no curb, and, when attached to a building, shall not exceed 40 feet above the highest point on the roof, but in no case aggregate more than 100 feet above curb level, unless approved by the planning director, or otherwise regulated in this chapter, based upon reasonable engineering requirements for the proposed improvement.

(5)

Trailers or other portable buildings or structures, shall be permitted in any district when used as temporary buildings for offices or storage of material and equipment as incidental to and on the same lot or adjacent lots during construction operations of the principle use, for a period not to exceed 12 months.

(6)

Mobile-type manufactured homes, travel trailers or camping trailers shall not be parked or stored on any lot other than in a lawfully established manufactured home park, tourist park, or trailer or trailer sales or manufacturing establishment, except that one travel trailer or camping trailer may be stored or parked in the rear yard of a lot containing a dwelling.

(7)

Manufactured homes, semitrailers, or trailers shall not be used for storage purposes in any district except that semitrailers may be used for temporary storage in the commercial and industrial districts.

(8)

Trucks greater than one ton in capacity may be parked or stored only on lots in districts where they are allowed herein. In no case shall they be in a RE or R-1 district.

(c)

The following table shows where accessory buildings, structures, and uses are permitted, with respect to the location of the principle structure, as follows:

Accessory Building, Structure or Use Front or Side When
Adjoining a Street
Interior Side Rear
Awnings or canopies, attached, no more than 25percent of the width or depth yard. X X X
Arbors or Trellises X X X
Air conditioning equipment shelter X X
Architectural entrance structures X X X
Balconies X X X
Bay windows, projecting not more than three feet into a yard X X X
Chimneys, attached, projecting no more than 24 inches into a yard X X X
Eaves and gutters on principle building, projecting no more than six feet X X X
Eaves and gutters on detached accessory buildings located in a rear yard, projecting from a building to no more than 24 inches from a lot line X
Fallout shelters, attached or detached when conforming with other codes and ordinances X
Fire escapes X X X
Flagpoles X X X
Detached garages or carports X X
Growing farm and garden crops in open X X
Keeping of horses on a parcel, tract, or lot not less than two acres in area, and not less than 200 feet in width provided buildings or structures for their shelter shall be located not less than 100 feet from a right-of-way line adjoining a street and 50 feet from an interior side or rear lot line. There shall be no more than one horse per acre. X X
Lawn furniture such as benches and bird baths X X X
Open off-street loading spaces, when in conformance with provisions of this chapter X X
Open off-street parking spaces, when in conformance with provisions of this chapter X X X
Ornamental light standards X X X
Playground and laundry-drying equipment X X
Playhouses and gazebos X X
Manmade private ponds and lakes not less than 200 feet from any right-of-way and not less than 50 feet from interior sides and rear lot lines X X X
Sheds and storage buildings for garden equipment and household items X X
Sills, belt courses, cornices and ornamental features of the principle building, projecting to no more than eight feet from the side lot line X X X
Steps, open, which are necessary for access to the dwelling or an accessory building, access to the lot from the street, and in gardens or terraces, provided there are not more than eight steps for access to dwelling or accessory building X X X
Swimming pools, private, when in conformance with other codes X
Television and radio antennas and satellite dishes. X X
Terraces and patios not more than 18 inches above finished grade on front and rear yards X X X
Tennis courts, private X
Outdoor fireplaces X X
Trees, shrubs and flowers X X X
Other accessory buildings, structures and uses herein permitted in district regulations as accessory to a specific permitted use X

 

(Zoning Ordinance 1996, § 4.04)

Sec. 121-282. - Yards and other open spaces.

(a)

Yards and other open spaces as required by this chapter shall be located on the same lot as the principle building, structure, or use.

(b)

No legally required yards or minimum lot area allocated to any existing building, structure, or use shall be used to satisfy yard or minimum lot area requirements for any other building, structure, or use if the yard, other open space, or minimum lot area of either building is thereby reduced below the requirements of this chapter.

(c)

On a corner lot and at any points of vehicular intersection, within that part of a yard located within 20 feet from the point of intersection, property lines or highway right-of-way lines, whichever is furthest from the roadway, no solid fence, structure, building, wall, sign, hedge, or other landscaping shall be erected, constructed, planted, or maintained, having a height exceeding 30 inches or trees planted and maintained having branches lower than eight feet abovegrade at the curb or pavement edge of the adjacent street or roadway.

((Zoning Ordinance 1996, § 4.05; Ord. No. 02-06-11-550, § III, 6-11-2002)

Sec. 121-283. - Lots.

(a)

Lot division.Any lot division, other than those specifically governed by the Illinois Plat Act (765 ILCS 205/0.01 et seq.), must comply with the county subdivision rules and regulations. No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principle use thereon, unless each lot shall have the minimum lot area and lot width as required in this chapter for the district in which the lot is located, including the lot containing the structure or use, resulting from such division. Every lot shall front or abut on a public street. Lots with an access only to existing private drives or streets may be permitted only when such lots are lots of record existing on the effective date of this chapter or when part of a planned unit development as determined by the planning director.

(b)

Number of buildings on a lot. In the agriculture, residence, and rural estate districts, every nonagricultural single-family dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one such dwelling on a lot.

(Zoning Ordinance 1996, § 4.06)

Sec. 121-284. - Regulations governing airports and their surroundings.

(a)

Airports and their surroundings are subject to the rules and regulations of the state department of aeronautics and other applicable state and federal agencies.

(b)

Height of structures in areas surrounding the boundaries of airports having an established approach plan which has been approved by the state department of aeronautics and other applicable state and federal agencies shall be in accordance with requirements set forth in the approach plan.

(c)

Height of structures in area surrounding the boundaries of airports not having an established approach plan shall be established by the board or municipality operating a public airport in accordance with the regulations of the state department of aeronautics and other applicable state and federal agencies.

(Zoning Ordinance 1996, § 4.07)

Sec. 121-285. - Fences.

(a)

Fences that are open, semisolid, or solid are allowed in all districts and yards with the following conditions, unless otherwise regulated herein:

(1)

Only open fences, which do not exceed four feet in height, are allowed to the front of the principle structure. Open fences may be placed up to a property line provided that fences shall not encroach into rights-of-way.

(2)

Semisolid and solid fences, which do not exceed six feet in height, are allowed to the side and rear of the principle structure with the finished side out.

(3)

Semisolid and solid fences, which do not exceed six feet in height, are allowed in the side and rear yard with the finished side out. On a corner lot, a semisolid or solid fence may be erected, not exceeding six feet in height, in a side yard adjoining a street. Said fence shall not extend beyond the building setback line as defined herein.

(4)

Fences on corners of vehicular intersections shall comply with section 121-282(c).

(5)

Barbed wire and electric fences shall be located not less than ten feet from residential district boundary lines or residential platted subdivision boundaries. Barbed wire and electric fences shall not be located in any residential district or residential platted subdivisions.

(6)

Only open fences, which do not exceed 12 feet in total height, including barbed and concertina type wire at the top, are allowed in industrial districts on all sides of the principle structure.

(7)

Fencing for public service facilities, such as communication towers, utility and transportation equipment and control facilities, pipelines, regulation stations, power stations, sewage and water treatment facilities, locations of national security concerns, and locations or uses deemed appropriate by the planning director or his/her designee shall be permitted in any zoning district provided the following requirements are met:

a.

Fences for these facilities shall not exceed 12 feet in height and are allowed to the maximum height in all yards.

b.

Barbed and concertina type wire shall be allowed providing it is no lower than seven feet from ground level in the R1, R2, and RE districts.

c.

Fences on corners of vehicular intersections shall comply with section 121-282(c).

d.

The fence shall not extend beyond the immediate area of the equipment or structures being protected when practical, as determined by the planning director or his/her designee.

(Zoning Ordinance 1996, § 4.08; Res. No. 02-07-09-566, § IV, 7-9-2002; Res. No. 2006-04-11-81, § 4.08, 4-11-2006; Res. No. 2011-11-08-166, Exh. A, 11-8-2011)

Sec. 121-286. - Access to roads.

(a)

Each lot or parcel of land shall have its own access.

(b)

The intersection of roads shall be considered as points of ingress and egress.

(c)

Access to roads, including individual driveways and service entrances, must conform to the following minimum spacing requirements pertaining to frequency of intervals, as measured from centerline to centerline unless impossible due to existing land division made prior to the effective date of this chapter. NOTE: If impossible due to unusual topographic characteristics or unsafe stopping or sight distances, this may be varied if approved by the county engineer:

(1)

Ingress and egress. There shall be allowed one driveway per every 330 feet of highway frontage. However, no driveway shall be nearer than 100 feet from another access point along major collector U.S., state, county, or township highways and section line roads. However, commercial and industrial parcels may have two access points per every 330 feet of highway frontage length, as approved by the county engineer, to accommodate fluent and safe ingress and egress from the site.

(2)

Minimum corner clearance. Driveways shall be no closer than 250 feet from an intersecting highway, as measured from centerline to centerline, except field ingress/egress may be a minimum of 50 feet from the edge of the intersecting road surface to the beginning of the driveway flare or a minimum of ten feet from the right-of-way line of the intersecting road to the beginning of the driveway flare.

(3)

Property line clearance. The beginning of the driveway flare shall be confined to the property, and the beginning of the pipe culvert, if required, shall be no closer than ten feet to a property line in order that the flare would be confined to the property.

(4)

All-weather roads. All lots shall be afforded access to at least an all-weather road. An all-weather road is a public thoroughfare adequately drained with the traveled area surfaced either with crushed stone or bituminous material placed over a crushed stone base. The design thickness shall be sufficient to accommodate normal vehicular traffic during all periods of the year without excessive maintenance costs or without disruption due to weather. (This would exclude repeated truck or other heavy vehicular traffic use, especially during the period of adverse weather conditions and particularly when the frost is leaving the ground.)

(Zoning Ordinance 1996, § 4.09)

Sec. 121-287. - Boats or other floating structures used as dwelling units.

Boats or other floating structures being used as dwelling units or commercial establishments may not anchor or tie off shore in county sovereign waters for longer than 48 hours, except at marinas, boat yards and ways and boat liveries.

(Zoning Ordinance 1996, § 4.10)

Sec. 121-288. - Water supply and sewage.

Every residence, business, trade, or industry hereafter established shall provide such facilities conforming to standards of design and location approved by the county health department and any new water supply and sewage disposal facilities hereafter provided for existing uses shall conform to such standards.

(Zoning Ordinance 1996, § 4.11)

Sec. 121-289. - Antenna or tower.

(a)

Towers, radio antennas, satellite dish antennas or towers (private). Television and radio antennas or towers including satellite dish antennas and supporting structures servicing only the occupants of the property where the structure is located, may be permitted in rear yards and roof tops provided they conform with the following criteria:

(1)

No more than one structure exceeding 15 feet in height shall be permitted on any lot.

(2)

Any antenna or tower structure exceeding ten feet in height or dish antenna having a diameter exceeding three feet shall be prohibited from being attached to any roof structure.

(3)

A dish antenna shall not exceed a height of 20 feet or have a diameter in excess of ten feet.

(4)

No freestanding television or radio antenna or tower shall exceed a height of 50 feet from the top of the foundation of the principle structure on the lot where installed.

(5)

Radio towers for licensed amateur radio stations, for which a building permit has been obtained, may project to a maximum height of 70 feet from the top of the foundation.

(6)

All antenna structures shall have a setback in accordance with the setback provisions of this chapter.

(7)

The distance of any anchorage or similar device shall be at least ten feet from any property line.

(8)

An applicant for a building permit shall obtain any licenses required by any federal, state, or local agency.

(9)

An application for a building permit must include a plot plan and construction drawings showing the proposed method of installation, structural engineering analysis, and site plan depicting structures on the property and all adjacent properties.

(Zoning Ordinance 1996, § 4.12)

Sec. 121-290. - Location of recycling facilities and drop-off centers.

(a)

Criteria and standards for recycling facilities and drop-off centers. Those recycling facilities permitted either by right or by special use permit shall meet all of the applicable regulations of the district in which they are located, as well as the criteria and standards listed as follows:

(1)

Reverse vending machines. Reverse vending machines located within a commercial structure do not require additional parking spaces for recycling customers provided that they comply with the following standards:

a.

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the county.

b.

Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

c.

Shall not occupy parking spaces required by the primary use.

d.

Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

e.

Shall be constructed and maintained with durable waterproof and rustproof material.

f.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

g.

Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.

h.

Shall be maintained in a clean, litter-free condition on a daily basis.

i.

Operating hours shall be at least the operating hours of the host use.

j.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(2)

Small drop-off center. Small collection facilities shall comply with the following conditions:

a.

Shall be established in conjunction with an existing commercial or industrial use or community service facility which is in compliance with the zoning, building and fire codes of the county;

b.

Shall be no larger than 500 square feet and occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers;

c.

Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;

d.

Shall accept only glass, metals, plastic containers, papers and reusable items. Shall accept only consumer recyclable commodities;

e.

Shall use no power-driven processing;

f.

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

g.

Shall store all recyclable material in containers or in a collection vehicle, and shall not leave materials outside of containers when attendant is not present;

h.

Shall be maintained free of litter and any other undesirable materials, and shall be swept at the end of each collection day;

i.

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

j.

Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

k.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

l.

Signs shall be in accordance with the provisions outlined in the applicable section of this chapter;

m.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

n.

Collection vehicles shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

o.

Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary host use, unless a parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. A reduction in available parking spaces in an established parking facility may then be allowed;

p.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration;

q.

Accumulation of surface water in areas where consumer recyclable commodities are accepted, accumulated, or stored shall be prevented.

(3)

Large drop-off center. A large collection facility shall meet the following standards:

a.

Facility does not abut a property zoned or planned for residential use;

b.

Facility will be screened from the public right-of-way by operating in an enclosed building or:

1.

Within an area enclosed by an opaque fence at least six feet in height with landscaping;

2.

At least 150 feet from property zoned or planned for residential use;

c.

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

d.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. No storage, excluding mobile truck trailers and overseas containers, will be visible above the height of the fencing;

e.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

f.

Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit consumer recyclable commodities, except where the planning director determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

g.

One parking space will be provided for each commercial vehicle operated by the drop-off center. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

h.

If the facility is located within 500 feet of a building or property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

i.

Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

j.

Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

k.

Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signals bearing no advertising message, may be installed, if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

l.

Accumulation of surface water in areas where consumer recyclable commodities are accepted, accumulated, stored, or processed shall be prevented.

(4)

Recycling facilities. A recycling facility, including both light recycling facilities and heavy recycling facilities will meet the following conditions:

a.

Facility does not abut a property zoned or planned for residential use;

b.

Recycling facilities will operate in a wholly enclosed building except for incidental storage, or:

1.

Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages;

2.

Located at least 150 feet from property zoned or planned for residential use.

c.

Power-driven processing shall be permitted at both light and heavy recycling facilities, provided all state Environmental Protection Agency noise level requirements are met. Light and heavy recycling facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, chipping, flattening, and mechanical or physical sorting of consumer recyclable commodities;

d.

A light recycling facility shall be no larger than 45,000 square feet and shall have no more than an average of two outward truck shipments of material per day;

e.

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located;

f.

Exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or shall be baled or pelletized. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

g.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

h.

Space shall be provided on-site for the anticipated peak load to circulate, park and deposit consumer recyclable commodities. If the facility is open to the public, space will be provided for a minimum of ten customers or the peak load, whichever is higher, except where the planning director determines that allowing overflow traffic is compatible with surrounding businesses and public safety;

i.

One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will otherwise be as mandated by the zone in which the facility is located;

j.

Noise levels shall not exceed those mandated by the state Environmental Protection Agency regulations;

k.

If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open;

l.

Any containers provided for after-hours donation of recyclable materials will be at least 100 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

m.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;

n.

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

o.

Dust, fumes, smoke, vibration, and odor, resulting from the operation of the recycling facility shall be minimized to the greatest extent practicable; and

p.

Contact between consumer recyclable commodities and disease vectors or other nuisance organisms shall be prevented.

(Zoning Ordinance 1996, § 4.13; Res. No. 2006-04-11-81, § 4.13, 4-11-2006)

Sec. 121-291. - Siting of pollution control facilities.

Siting a pollution control facility as defined in section 121-3 and in the state Environmental Protection Act shall be regulated by the "Kankakee County, Illinois, Siting Ordinance For Pollution Control Facilities," as amended and updated, and section 39.2 of the state Environmental Protection Act.

(Zoning Ordinance 1996, § 4.14; Res. No. 2006-04-11-81, § 4.14, 4-11-2006)

Sec. 121-292. - Setback requirements.

Setback lines for all buildings, structures, and uses established or commenced after the effective date of the ordinance from which this chapter is derived and all alterations, enlargements or the additions to the structures which existed prior to the effective date of the ordinance from which this chapter is derived shall herein after conform to these regulations:

(1)

Setback lines for yards abutting public streets shall be measured from the right-of-way lines representing the required width and alignment of such street as designated by federal, state, county, and township highway authorities. On public streets where no right-of-way has been dedicated, it will be assumed that the right-of-way is 60 feet.

(2)

Setback lines for yards abutting private streets shall be measured from the right-of-way line as indicated on the recorded plat. Where private streets are not platted, it will be assumed that the right-of-way is 30 feet.

(3)

Setback lines for interior side and rear yards shall be measured from property lines.

(Zoning Ordinance 1996, § 4.15)

Sec. 121-293 - Home occupations.

(a)

Where permitted, one home occupation is allowed as an accessory use to an established household living use with the following regulations:

(1)

The operator of a home occupation must be a full-time resident of the dwelling unit.

(2)

No more than one non-resident may be engaged in the conduct of any home occupations occurring on the subject site.

(3)

The use of a dwelling unit for home occupation activities must be clearly incidental and subordinate to the dwelling's use for residential purposes by its occupants.

(4)

The floor area devoted to any home occupation on the site may not exceed 30 percent of the floor area of the dwelling unit.

(5)

Home occupations must be conducted within the dwelling unit and no accessory structure shall be used in whole or in part.

(6)

Home occupations may not involve any outdoor storage, outdoor display or other outdoor activity.

(7)

There shall be no commodities sold, or services rendered that require receipt and delivery of merchandise, goods, or equipment by other than a passenger vehicle or by mail delivery vehicles.

(8)

There shall be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot except for a permitted name plate sign. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or site upon which it is conducted that will make the dwelling appear less residential in nature or function.

(9)

No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, health hazards or electrical interference detectable to the normal senses from a location off of the premises in which the home occupation resides. In the case of electrical interference, no equipment or process may be used that creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises.

(10)

On parcels one acre or less in size there shall be no signs, other than one permitted name plate sign. The sign shall be no larger than two square feet in size and must be attached to the principle structure. On parcels greater than one acre a free-standing sign no larger than 12 square feet in size and no more than six feet in height may be erected in the front yard of the property containing the home occupation. Free-standing signs must be setback ten feet from the right-of-way and adhere to the site triangle requirements of this section. Under no circumstances shall either of these types of signs be illuminated, flashing, an electronic display, or have moving parts.

(Res. No. 2006-04-11-81, § 4.16, 4-11-2006; Res. No. 2019-10-08-165, § 3(Exh. A), 10-8-2019)

Sec. 121-294. - Off-street parking and off-street loading.

(a)

General provisions. The off-street parking and off-street loading provisions of this chapter shall apply as follows:

(1)

Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this section for all buildings and structures erected and all uses of land established in each district after the effective date of the ordinance from which this chapter is derived.

(2)

When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement in the amounts specified herein requiring parking or loading facilities, such additional parking and loading facilities as required herein shall be provided.

(3)

Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of the ordinance from which this chapter is derived, additional parking or loading facilities are mandatory only to the extent by which the requirements for the new use would exceed those for the existing use if the latter was in compliance with the parking and loading provisions of this chapter.

(4)

Accessory off-street parking and loading facilities in existence on the effective date of the ordinance from which this chapter is derived and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this chapter.

(5)

Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to.

(6)

For any conforming or legally nonconforming building or use which is in existence on the effective date of the ordinance from which this chapter is derived, which subsequently thereto is damaged or destroyed by fire, collapse, explosion, or other cause, and which is reconstructed, reestablished, or repaired, off-street parking or loading facilities need not be provided, except that such parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.

(7)

In cases where parking facilities are permitted on a lot other than the lot on which the structure or use served is located, a covenant running with the land must be recorded in the office of the county recorder of deeds on the lot upon which the accessory off-street parking is located, which prohibits any other use on that lot, and a certified copy of the recorded covenant must be deposited with the planning director. The covenant shall not be released until such time as either one of the following conditions occur:

a.

The structure on the lot containing the principle use is removed and the principle use terminated; or

b.

Another lot of the required size within the required distance is properly developed and used for the required accessory off-street parking in place of and in lieu of the initial lot used for accessory off-street parking.

(8)

Handicapped Parking shall be as required by state and federal regulations.

(9)

A plan shall be submitted with every application for a building permit for any building or use that is required to provide off street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off street parking facilities to the uses or structures such facilities are designed to serve. The proposed landscaping to comply with the requirements of these regulations shall also be depicted on the plan, where applicable.

(b)

Off-street parking. Off-street parking facilities for motor vehicles shall be provided in accordance with the following:

(1)

Use. Off-street parking facilities required herein as accessory to uses subject to this chapter shall be solely for the parking of passenger automobiles of patrons, occupants, or employees. If bus transportation is provided for patrons, occupants or employees of a specific establishment, additional off-street parking or loading spaces for each bus which will be parked or loaded on the premises shall be provided in compliance with the terms of this chapter.

(2)

Exemption. When the application of the off-street parking regulations specified hereinafter results in a requirement of not more than three spaces on a single lot in the commercial district, such parking spaces need not be provided, unless two or more uses are located on such lot in which case only one of the uses shall be eligible for the above exemption. This exemption shall not apply to dwelling units.

(3)

Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

(4)

Collective provisions. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the zoning board of appeals in accordance with procedures set forth herein.

(5)

Size. Except for parallel parking spaces, a required off-street parking space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Enclosed parking spaces shall have a vertical clearance of at least seven feet. For parallel parking, the length of the parking space shall be increased to 22 feet. All other requirements as to size shall be as listed herein. Handicapped parking spaces will meet the size requirements as described in this chapter.

(6)

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off- street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No driveway across public property at the right-of-way line shall exceed a width of 25 feet.

(7)

Design and maintenance:

a.

Open and enclosed parking spaces. Accessory parking spaces may be open to the sky or enclosed in a building.

b.

Surfacing. All open off-street parking areas containing more than five parking spaces shall be improved with a nine-inch compacted aggregate base and a minimum thickness of 2¾ inches of bituminous concrete unless suggested otherwise by the county engineer.

c.

Screening and landscaping. All open automobile parking areas, containing more than three parking spaces, located less than 40 feet from the nearest property line of a lot in a residence district, shall be effectively screened on each side adjoining or fronting on such property line by densely planted compact hedge, not less than five feet nor more than eight feet in height.

d.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties. The zoning board of appeals may, on petition of neighboring residential property owners or tenants, and after hearing, require that such lighting be reduced in intensity, height, changed in duration, or turned off after certain hours. In making this decision on any such petition, the zoning board of appeals shall take into consideration the reasonable requirements of the user of the parking area involved.

e.

Repair and service. No regular motor vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities.

(8)

Location. All parking spaces required to serve buildings or uses erected or established after the effective date of the ordinance from which this chapter is derived shall be located on the same lot as the building or use served. Buildings or uses existing on the effective date of the ordinance from which this chapter is derived which are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter or new uses established in any commercial or industrial district, may be served by parking facilities located on land other than the lot on which the building or use served is located, provided such facilities are within 400 feet walking distance of a main entrance to the use served.

(9)

Employee parking. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

(10)

Required spaces. The minimum number of off-street parking spaces accessory to designated uses shall be provided as required by State and Federal handicap parking regulations and as follows:

a.

Agricultural uses.

1.

Farm related sales and service establishments. One parking space per every 600 square feet of floor area and service buildings.

2.

Greenhouses. One parking space per every 400 square feet of sales area.

3.

Nurseries. One parking space per every 300 square feet of floor area, plus one space per 2,000 square feet of outdoor display area open to the public.

b.

Residential and dwelling uses.

1.

Single-family dwellings. Two parking spaces per dwelling units up to 1,800 square feet, plus one space for each additional 700 square feet.

2.

Two-family dwelling (duplex). Two parking spaces per dwelling unit for units more than 800 square feet and 1.5 spaces per dwelling unit for units not more than 800 square feet of floor area.

3.

Multifamily dwellings. Two parking spaces per dwelling unit for units more than 800 square feet of floor area and 1.5 spaces per dwelling unit for units less than 800 square feet of floor area.

4.

Boardinghouses and rooming-houses. Two parking spaces, plus one space for each lodging room.

5.

Bed and Breakfast. 2 parking spaces, plus 1 space per guest room.

c.

Institutional uses.

1.

Institutional uses. Unless otherwise specified hereafter, one parking space for every 400 square feet of gross area.

2.

Airports, landing strips, flights strips, or flying schools. One parking space per aircraft tie down, plus one space per aircraft storage, plus one space per aircraft maintenance area.

3.

Auditoriums. One parking space for every three seats.

4.

Churches. One parking space for every three seats.

5.

Colleges, junior colleges, and universities. One parking space for every 3.5 fulltime students.

6.

Community centers. One parking space per every 250 square feet of floor area.

7.

Convalescent homes, nursing homes, rest homes, institutions for the care of elderly and/or children and sanitariums. one parking space per every 3 beds, plus one space for each employee.

8.

Hospitals. One parking space per every two beds, plus one space for each staff member, plus one space for each employee.

9.

Libraries and museums. One parking space for every 800 square feet of floor area.

10.

Medical and dental clinics. One parking space per every 250 square feet of floor area.

11.

Meeting halls, conventions halls, and exhibitions halls. The number of parking spaces equal to 30 percent of the maximum number of people that can be accommodated in accordance with such design standards.

12.

Private clubs and lodges. One parking space for each five seats and one space per every 100 square feet not having fixed seating.

13.

Schools—Commercial, trade, music, dance, or business. One parking space per employee, plus one space for every three seats.

14.

Schools—Nursery, preschool, elementary, or junior high. One parking space for every six students, plus one space per employee.

15.

Schools—Public or private. One parking space for each five students based on the maximum number of students that will require accommodation in accordance with either the design capacity of the building or the regulations of the school for private transportation.

d.

Recreational uses.

1.

General outdoor recreation. Unless otherwise specified hereafter, five parking spaces, plus one space per every 20,000 square feet of land area.

2.

General indoor recreation. Unless otherwise specified hereafter, one parking space per every 250 square feet of floor area.

3.

Boat clubs and marinas. One parking space for each boat, plus one space for each four persons of total capacity.

4.

Bowling alleys. Three parking spaces per bowling lane.

5.

Campgrounds. One parking space for each employee on the largest shift, plus one visitor space for each ten campsites.

6.

Equestrian sports and horse shows. Five parking spaces, plus one space per acre of land area.

7.

Golf courses. Four parking spaces per hole, plus one space for each four persons of the total capacity of the clubhouse.

8.

Gymnasiums. One parking space for each three persons based on the maximum number of persons that can be accommodated at the same time in accordance with such design capacity.

9.

Hunt clubs, conservation clubs, archery ranges and gun clubs. Five parking spaces, plus one space per firing position.

10.

Parks, playgrounds, and open space. One parking space per every 5,000 square feet of land area.

11.

Resorts and lodges. One parking space for each guest room or dwelling, plus one space per each employee.

12.

Swimming pools. One parking space per every 100 square feet of pool area, plus one space per every 250 square feet of office and changing room area.

e.

Commercial uses.

1.

All restricted commercial district uses. Unless otherwise specified hereafter, one parking space per every 300 square feet of floor area.

2.

All general commercial district uses. Unless otherwise specified hereafter, one parking space per every 200 square feet of floor area.

3.

Auction rooms. One parking space per every 50 square feet of floor area.

4.

Automotive sales. One parking space per every 200 square feet of floor area, plus one space for each 1,500 square feet of outdoor display area, plus one space per employee.

5.

Automobile service stations. Four parking spaces per service bay.

6.

Banks—Without drive-thru. One parking space per every 250 square feet of floor area.

7.

Banks—With drive-thru. One parking space per every 350 square feet of floor area.

8.

Car wash. Three stacking spaces per approach lane, plus one drying space per approach lane.

9.

Cartage, express, and parcel delivery establishments. One parking space per employee, plus one space for each vehicle maintained.

10.

Child care centers. One parking space per employee, plus one space for each ten children, plus two passenger loading spaces.

11.

Drive-in businesses and commercial establishments. One parking space for each motor vehicle served, plus one space for every two employees.

12.

Flea markets. One parking space per every 50 square feet of sales area or one parking space per vendor area, whichever is greater.

13.

Furniture and appliance stores. One parking space per every 400 square feet of floor area.

14.

Gas station mini-mart. One parking space per fuel pump, plus one space per employee, plus one space per every 200 square feet of retail floor area.

15.

Health, exercise, and physical fitness clubs. One parking space per every 150 square feet of floor area.

16.

Hotels, motels, extended stay hotels, tourist homes, or tourist courts. One parking space for each lodging room.

17.

Kennels. One parking space per every 350 square feet of floor area.

18.

Restaurants, nightclubs, and taverns. One parking space per each three seats based on the legal seating capacity of the facility, plus one space for each employee.

19.

Substance abuse centers. One parking space per every 100 square feet of floor area.

20.

Theaters. One parking space for each four seats.

21.

Theaters—Automotive drive-in. Extra parking spaces equal in number to ten percent of the vehicle capacity.

22.

Undertaking establishments and funeral parlors. One parking space per every 50 square feet of floor area.

f.

Industrial uses.

1.

All light industrial district uses. Unless otherwise specified hereafter, one parking space per every 400 square feet of floor area.

2.

All heavy industrial district uses. Unless otherwise specified hereafter, one parking space per every 600 square feet of floor area.

3.

Air, rail, or motor truck freight terminals. One parking space per every 1,000 square feet of floor area.

4.

Asphalt and concrete production plants. Two parking spaces, plus one parking space per employee.

5.

Automobile wrecking yards and junk yards. One parking space per every 20,000 square feet of lot area, plus one space for each company vehicle.

6.

Mail-order facility. Two parking spaces, plus one space per employee.

7.

Mining and quarrying. Two parking spaces, plus one space per employee.

8.

Warehouse and distribution centers. One parking space per every 800 square feet of floor area.

9.

Mini-warehouse and self-storage. One parking space for each employee on-site plus one for each vehicle maintained on-site.

(c)

Off-street loading. Off-street loading spaces accessory to designated uses shall be provided as follows:

(1)

Location. All required loading spaces shall be located on the same lot as the use served. All motor vehicle loading spaces which abut a residence district or an intervening alley separating a residence district from a commercial or industrial district shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall, or door, or any combination thereof, not less than eight feet nor more than ten feet in height. No permitted or required loading space shall be located within 40 feet of the nearest point of intersection of any two streets. No loading space shall be located in a required front or side yard adjoining a street, and any loading space located in a required rear yard shall be open to the sky.

(2)

Area. Unless otherwise specified, a required off-street loading space shall be at least 12 feet in width by at least 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.

(3)

Access. Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(4)

Surfacing. All open off-street loading spaces shall be improved with a nine-inch compacted aggregate base and a minimum thickness of 2¾ inches of bituminous concrete.

(5)

Repair and service. No motor vehicle regular repair work or service of any kind shall be permitted in conjunction with loading facilities.

(6)

Utilization. Space allocated to any off-street loading space shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(d)

Off-street loading space requirements.

(1)

The minimum number of off-street loading spaces accessory to non-residential uses in agriculture, residence, and commercial districts shall be: One loading space for buildings containing 10,000 to 100,000 square feet of gross floor area, plus one additional loading space for each additional 100,000 square feet of gross floor area or major fraction thereof.

(2)

The minimum number of off-street loading spaces accessory to uses in industrial districts shall be in accordance with the following schedule:

Floor Area of Establishments Required Number Required Size (feet) Minimum Clearance (feet)
5,000 to 10,000 1 10 x 35 12
10,000 to 25,000 2 10 x 35
each
12
25,000 to 40,000 2 12 x 50
each
14
40,000 to 100,000 3 12 x 50
each
14

 

(3)

For each additional 100,000 square feet of gross floor area, or major fraction thereof, over 100,000 square feet of gross floor area, one additional loading space, such additional loading space shall be at least 12 feet in width by 50 feet in length.

(Zoning Ordinance 1996, §§ 14.01—14.02, 14.03; Res. No. 2006-04-11-81, §§ 14.02, 14.03, 4-11-2006; Res. No. 2023-11-14-255, § 3(Exh. A), 11-14-2023)

Sec. 121-295. - Siting of commercial wind energy facilities.

All commercial wind energy facilities shall fully comply with Public Act 102-1123 as amended and all other state and federal laws, rules, and regulations that pertain to siting, construction, operating and maintaining the facility.

(a)

Required submittals. The following submittals are required to accompany an application for a building permit and must be approved by building division staff prior to the issuance of a building permit. This is in addition to any required submittals customarily required to accompany an application for a building permit.

(1)

An executed agricultural impact mitigation agreement (AIMA) with the Illinois Department of Agriculture.

(2)

A "Determination of No Hazard to Air Navigation" by the Federal Aviation Administration under 14 CFR Part 77.

(3)

The results of an industry standard computer modeling program that indicates that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions.

(4)

A report that indicates that the project is in compliance with sound limitations established by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.

(5)

A decommissioning plan and surety bond in an amount reflected in the decommissioning plan. This decommissioning plan, the surety bond amount, and intervals of review and renewal shall be identical to those specified in the executed AIMA.

(6)

The results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with the "U.S. Fish and Wildlife Service's Land-based Wind Energy Guidelines" and any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review. The applicant shall also include information as to how they will comply with these results.

(7)

An ECOCAT report from the Illinois Department of Natural Resources which includes the results and recommendations of their examination and a plan for executing any and all recommendations, including a plan demonstrating the avoidance of protected lands as identified by the Illinois Department of Natural Resources and the Illinois Preserve Commission and compliance with recommend setbacks from protected lands recommended by the Illinois Department of Natural Resources including areas identified by the Illinois Nature Preserve Commission.

(8)

Evidence of consultation with the Illinois State Historic Preservation Office and an assessment of potential impacts on state-registered historic sites under the Illinois State Agency Historic Resource Preservation Act.

(9)

An executed road use agreement that includes all roads and their associated jurisdictions that will be used by or affected by the construction, operation or maintenance of the facility.

(b)

Design criteria.

(1)

Setbacks. All setbacks for commercial wind energy facility towers shall be measured from the center of the base of the wind tower. The following setback requirements may be waived subject to the written consent of the owner of each affected nonparticipating property.

a.

Commercial wind energy facility towers shall be set back a minimum distance of 1.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of any participating residences.

b.

Commercial wind energy facility towers shall be set back a distance of at least 1.10 times the maximum blade tip height of the wind tower measured from the nearest point on the property line of any nonparticipating property.

c.

Commercial wind energy facility towers shall have a zero setback from any participating property line.

d.

Commercial wind energy facility towers shall be setback a minimum distance of 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of any nonparticipating residence in existence or which has received a building permit as of the date of the date the application is filed for the special use permit.

e.

Commercial wind energy facility towers shall be set back a minimum of 2.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of any fish and wildlife area, nature preserve commission protected lands, or protected lands.

f.

All wind energy conversion system towers shall be set back a distance of at least 1.10 times the maximum blade tip height of the wind tower to the nearest edge of the property line, easement or right-of-way containing the overhead communication and electric transmission lines. This requirement does not include overhead utility service lines to individual houses or outbuildings.

g.

Commercial wind energy facility towers shall be setback a minimum of 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of any occupied community building.

h.

Commercial wind energy facility towers shall be setback a minimum of 1.1 times the maximum blade tip height of the wind tower to the center point of any public road right-of-way.

i.

Commercial wind energy facility towers shall have a zero setback from overhead utility service lines to individual houses or outbuildings.

(2)

Height. The blade tip height for wind towers in commercial wind energy facilities shall be determined by a "Determination of No Hazard to Air Navigation" by the Federal Aviation Administration under 14 CFR Part 77.

(Res. No. 2008-08-12-110, § 3(Exh. A), 8-12-2008; Ord. No. 2016-04-12-34, 4-12-2016; Res. No. 2019-12-10-199, § 3(Exh. A), 12-10-2019; Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023)

Editor's note— Res. No. 2023-04-11-101, § 3(Exh. A), adopted Apr. 11, 2023, amended the title of § 121-295 to read as herein set out. The former § 121-295 title pertained to siting of wind energy conversion systems (commercial wind farms).

Sec. 121-296. - Small wind energy systems (SWES).

(a)

Small wind energy systems. Small wind energy systems shall be a permitted accessory use in any zoning district providing they conform with the following criteria:

(1)

All SWES must comply with the regulations set forth in the appropriate section of this Code as outlined below.

(2)

In no case shall an SWES be erected or established in a platted residential subdivision.

(b)

[SWES in Industrial districts.] SWES in the I-1 Light Industry district and the I-2 General Industrial district shall be regulated by section 121.208(a)(36).

(c)

[SWES in A-1 Agricultural district.] SWES in the A1-Agricultural district shall be regulated by section 121-99(b)(13).

(d)

[SWES in A-2 Agricultural Estate district.] SWES in the A2-Agriculture Estate district shall be regulated by section 121-100(b)(3).

(e)

[SWES in all other zoning districts.] SWES in all other zoning districts shall be regulated by section 121-99(b)(13).

(Res. No. 2009-11-10-174, §§ 1, 2, 11-10-2009)

Sec. 121-297. - Siting of commercial solar energy facilities.

All commercial solar energy facilities shall fully comply with Public Act 102-1123 as amended and all other state and federal laws, rules, and regulations that pertain to siting, construction, operating and maintaining the facility.

(a)

Required submittals. The following submittals are required to accompany an application for a building permit and must be approved by building division staff prior to the issuance of a building permit. This is in addition to any required submittals customarily required to accompany an application for a building permit.

(1)

An executed agricultural impact mitigation agreement (AIMA) with the Illinois Department of Agriculture.

(2)

A report that indicates that the project is in compliance with sound limitations established by the Illinois Pollution Control Board under 35 III. Adm. Code Parts 900, 901, and 910.

(3)

A decommissioning plan and surety bond in an amount reflected in the decommissioning plan. This decommissioning plan, the surety bond amount, and intervals of review and renewal shall be identical to those specified in the executed AIMA.

(4)

The results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with the "U.S. Fish and Wildlife Service's Land-based Wind Energy Guidelines" and any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review. The applicant shall also include information as to how they will comply with these results.

(5)

An ECOCAT report from the Illinois Department of Natural Resources which includes the results and recommendations of their examination and a plan for executing any and all recommendations, including a plan demonstrating the avoidance of protected lands as identified by the Illinois Department of Natural Resources and the Illinois Preserve Commission and compliance with recommend setbacks from protected lands recommended by the Illinois Department of Natural Resources including areas identified by the Illinois Nature Preserve Commission.

(6)

Evidence of consultation with the Illinois State Historic Preservation Office and an assessment of potential impacts on state-registered historic sites under the Illinois State Agency Historic Resource Preservation Act.

(7)

Vegetative ground cover shall be planted and established on all commercial solar energy facilities that is consistent with the goals of the Pollinator-Friendly Solar Site Act. A vegetation management plan shall be provided that is consistent with the Illinois Department of Natural Resources' guidelines for vegetation management plans and must include both short-term and long-term property management practices that provide and maintain native and non-invasive naturalized perennial vegetation to protect the health and well-being of pollinators.

(b)

Design criteria.

(1)

Setbacks. All setback distances for commercial solar energy facility shall be measured from the nearest edge of any component of the facility. The following setback requirements may be waived subject to the written consent of the owner of each affected nonparticipating property.

a.

Commercial solar energy facilities shall be setback a minimum distance of 150 feet from the nearest point on the outside wall of the structure of an occupied community building or a dwelling on nonparticipating property.

b.

Commercial solar energy facilities shall have a zero setback from the boundary line of participating property.

c.

Commercial solar energy facilities shall have a 50-foot setback from the nearest edge of a public road right-of-way.

d.

Commercial solar energy facilities shall be set back a minimum of 50 feet from the nearest point on the property line of any nonparticipating property.

(2)

Height, fencing, and screening.

a.

No component of a solar panel shall have a height of more than 20 feet above ground when the solar energy facility's arrays are at full tilt.

b.

The perimeter of all commercial solar energy facilities shall be enclosed by a fence of at least six feet in height but not more than 25 feet in height.

c.

Vegetative screening shall be required on the exterior perimeter of the fence surrounding a commercial solar energy facility in any location that abuts or is within 100 feet of a public right-of-way or a residential property. This vegetative screening shall be of a height, size, and density to adequately screen the facility from the view of public rights-of-way and residential properties. For the purposes of this requirement, a residential property is a property of less than three acres in size that contains a dwelling unit. The maintenance of the vegetative screening shall be included in the vegetative management plan.

(Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023)

Sec. 121-394. - Purpose.

The purpose of this division is to provide a guide to the location, size, content and placement of signs throughout the county so that signs are both effective and compatible with the environment.

(Zoning Ordinance 1996, § 15.01)

Sec. 121-395. - General provisions.

(a)

Obstruction of any entrance. A sign erected in any district shall not be constructed and/or maintained so as to obstruct any fire escape, window, door, or opening used as a means of entrance or egress for fire-fighting purposes, or so as to prevent free passage from one part of a roof to any other part thereof or to another roof. No sign shall be attached in any form, shape or manner to a fire escape or be so placed as to interfere with any opening required for legal ventilation.

(b)

Nonconforming signs. A sign lawfully established before the effective date of the ordinance from which this chapter is derived but not conforming with the regulations of this chapter may remain. Minor repairs and maintenance of such signs and the repainting and change of display of an existing painted bulletin sign and changing display of an existing poster panel sign is not affected by this chapter. Replacements or enlargements are not permitted.

(c)

Directional and informational signs. Directional or informational signs of a public or semipublic nature, not exceeding eight square feet in area are permitted in any district. Such signs may not be illuminated but may be of the beaded reflector or phosphorescent types. Such signs shall be of the types and contain only such displays as follows:

(1)

Permanent signs displaying the name and location of a city, town or village, airport, hospital, community center, private school, college, YMCA, YWCA, church, or other place of worship; or the name or place of meeting of an official or civic body such as a Chamber of Commerce, Rotary, Kiwanis, or other similar service or community clubs.

(2)

Temporary signs displaying the name, location, and time of an event or public interest such as a state or county fair, public or general election, circus, rodeo, or other such event in connection with which the support of the general public is essential to the success of the event. Such sign shall be removed within ten days after the event is over.

(d)

Obstruction of view. No sign of any kind shall be located or placed so as to interfere with the full view of vehicular traffic in all directions.

(e)

Exemptions from sign regulations.

(1)

Memorial signs displayed on private property not exceeding six square feet in area.

(2)

Governmental flags and insignia, when not used for commercial purposes.

(3)

Legal notices.

(4)

Governmental traffic, parking, and directional signs.

(f)

State highway directional signs. State highway directional signs and markings and signs announcing the location of or directing traffic to given locations shall be made and installed in accordance with the specifications of the state highway department and require a state permit.

(g)

Maintenance of signs. The planning director is hereby authorized to determine whether or not a sign is adequately maintained and shall order repaired or removed any sign which is not being adequately maintained.

(h)

Permits and fees. Shall be as indicated in the applicable building permit fee schedule.

(i)

Unsafe and unlawful signs. If the planning director finds that any sign is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, he shall give written notice to the person to whom the certificate has been issued. If he fails to remove or alter the sign to comply with standards herein set forth within ten days after such notice, such sign may be removed or altered by the planning director in a manner that will comply. Such action shall be at the expense of the property owner upon whose land the sign is located. The planning director may cause any sign which is an immediate peril to persons or property to be summarily removed.

(Zoning Ordinance 1996, § 15.02; Res. No. 2006-04-11-81, § 15.02, 4-11-2006)

Sec. 121-396. - Signs permitted—Agricultural district.

The following shall apply to agricultural districts:

(1)

Nameplates and identification signs (nonflashing and nonilluminated):

a.

Size: Not more than six square feet in area.

b.

Height: No sign shall project higher than 15 feet above average grade.

c.

Setback: No nearer than ten feet from a right-of-way line adjoining a street. No nearer than five feet from an interior side or rear lot line.

d.

Number: One nameplate for each principle farm dwelling. On a corner lot, two such nameplates for each dwelling unit, one facing each street and such additional signs as required for crop identification during the growing season.

e.

Contents: The name of the occupant, name and address of the building on the lot, and specialized agricultural activity.

(2)

"For sale" and "to rent" signs (nonflashing and nonilluminated):

a.

Size: No sign shall exceed 32 square feet in area.

b.

Height: No sign shall project higher than 15 feet above average grade.

c.

Setback: No nearer than ten feet from a right-of-way line adjoining a street. No nearer than five feet from an interior side or rear lot line.

d.

Number: No more than one such sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted.

e.

Contents: Name, address, and phone number of agent.

(3)

Signs accessory to roadside stands (nonflashing and nonilluminated):

a.

Size: No sign shall exceed 12 square feet in area.

b.

Height: No sign shall project higher than 15 feet above average grade.

c.

Setback: No sign shall be located within ten feet of the right-of-way. No sign shall be closer than 50 feet from any other lot.

d.

Number: Not more than two signs per lot.

e.

Content: The sign shall be only for the purpose of identification of the roadside stand and advertising the agricultural products for sale therein.

(4)

Church bulletin signs (nonflashing and nonilluminated):

a.

Size: No sign shall exceed 16 square feet in area.

b.

Height: No sign shall project higher than 15 feet above average grade.

c.

Setback: No sign shall be nearer than ten feet from the right-of-way adjoining a street.

d.

Number: There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted.

e.

Content: Name, address, and service schedule.

(5)

Rural based service provider signs (nonflashing and nonilluminated)

a.

Size: No sign shall exceed 16 square feet.

b.

Height: No sign shall exceed six feet in height, as measured from average grade.

c.

Setback: No nearer than ten feet from a right-of-way line adjoining a street. No nearer than five feet from an interior side or rear lot line.

d.

Number: No more than one sign per parcel.

e.

Contents: Name, address, hours of operation, and phone number of business.

(6)

Advertising signs shall be permitted on tracts of land where the principle use is the pursuit of agriculture, provided such signs may be illuminated with nonflashing illumination but with no moving parts and shall also conform with other regulations set forth as follows and other county codes or ordinances and state statutes. The following guidelines shall regulate:

a.

No sign may exceed 825 square feet in area or exceed 55 feet in width. This includes border and trim, but it excludes ornamental base or apron, supports and other structural members. The maximum size limitation shall apply to each side of a sign or sign structure.

b.

No sign shall exceed 30 feet in height, as measured from average grade.

c.

Not less than 20 feet from the right-of-way line abutting a street.

d.

Not less than 100 feet from the nearest wall or a residence or institutional building.

e.

For a sign display surface that can be viewed from a residence district, not less than 100 feet from the nearest residence district boundary line.

f.

For a sign display surface that can be viewed from a lot in a business or commercial district containing a residential or institutional use, not less than 100 feet from the nearest lot line of such a lot.

g.

The minimum distance between signs shall be not less than 2,500 feet. A maximum of two signs may be erected in a facing, in which event the facing shall be deemed to be one sign, and the size of the facing may not exceed the dimensions listed above. Signs may be double faced, placed back to back or V-type.

h.

Information directing attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to entertainment.

(Zoning Ordinance 1996, §§ 15.03)

Sec. 121-397. - Same—Residential districts.

The following provisions shall apply to residential districts:

(1)

For nameplates and identification signs (nonflashing and nonilluminated), the following guidelines shall regulate:

a.

Size: Not more than two square feet in area.

b.

Height: Said sign shall be located on the principle structure.

c.

Setback: Said sign shall be located on the principle structure.

d.

Number: One nameplate for each principle farm dwelling. On a corner lot, two such nameplates for each dwelling unit, one facing each street.

e.

Contents: The name of the occupant, name and address of the building on the lot, or permitted home occupation.

(2)

"For sale" and "to rent" signs (nonflashing and nonilluminated) will be regulated by the following guidelines:

a.

Size: No sign shall exceed 12 square feet in area.

b.

Height: No sign shall project higher than 15 feet above average grade.

c.

Setback: No nearer than ten feet from a right-of-way line adjoining a street. No nearer than five feet from an interior side or rear lot line.

d.

Number: No more than one such sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted.

e.

Contents: Name, address, and phone number of seller or agent.

(3)

Church bulletin signs (nonflashing and nonilluminated) will be regulated by the following guidelines:

a.

Size: No sign shall exceed 16 square feet in area.

b.

Height: No sign shall project higher than 15 feet above average grade.

c.

Setback: No sign shall be nearer than ten feet from the right-of-way adjoining a street.

d.

Number: There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted.

e.

Content: Name, address, and service schedule.

(Zoning Ordinance 1996, §§ 15.04)

Sec. 121-398. - Same—Commercial districts.

The following provisions shall apply to commercial districts:

(1)

Sign display surfaces, not attached to a building or awning shall be supported by not more than two columns each having a diameter of not more than six inches or in the case of a single column, not less than eight inches. Signs on awnings shall be exempt from the limitations imposed by this chapter provided that any sign located on an awning shall be affixed flat to the surface thereof, shall be nonilluminated, and shall indicate only the name or address of the establishment in the building to which it is attached. No such sign shall extend vertically or horizontally beyond the limits of said awning.

(2)

Signs may have constant or flashing illumination. No sign display shall have or consist of moving parts. A sign located in direct line of vision of any traffic control signal shall not have flashing or intermittent illumination of red, green, or amber color. Where a sign is illuminated by light reflected upon it, light rays shall not beam directly upon any part of any residential buildings, nor into a residence district or street.

(3)

Business signs.

a.

Size. The gross surface area in square feet of all signs on a lot shall not exceed one times the lineal feet of street frontage of such lot. On corner lots or through lots, each lot line abutting a street shall be considered a separate frontage. On a corner lot only the lot line having the narrowest width abutting a street shall be considered in calculating frontage. This includes border and trim, but it excludes ornamental base or apron, supports and other structural members. The maximum size limitation shall apply to each side of a sign or sign structure.

b.

Setback. A business not attached to a building shall be located not less than 20 feet from a right-of-way line abutting a street, or five feet from a rear or interior side lot line.

c.

Height. A sign attached to a building wall shall project not more than six feet above building height or 30 feet above the ground, whichever is lower. A sign projecting from a building wall more than eight inches shall have its lowest level not less than seven feet above the grade of the ground directly below it. A sign not attached to a building wall shall project not more than 30 feet above average grade of the ground at the sign structure. Any sign not attached to a building wall and which is located nearer than 50 feet from the intersection of two or more streets, shall have the bottom of the display surface not less than 12 feet above either the grade of the ground or the pavement below it.

d.

Number. Only one sign which is either affixed to or painted on a building wall or a freestanding ground sign shall be permitted on any lot in this district having 80 feet or less of frontage on a street. On a lot having more than 80 feet of frontage, one additional sign shall be permitted for each 80 feet of additional frontage.

e.

Content. Information directing attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

(4)

Advertising signs.

a.

Display facings. Each advertising sign structure shall contain not more than two display facings. A maximum of two signs may be erected in a facing, in which event the facing shall be deemed to be one sign, and the size of the facing may not exceed the dimensions listed below. Signs may be double faced, placed back to back, or V-type.

b.

Size. No sign may be erected which exceeds 825 square feet or have a width of more than 55 feet. This includes border and trim, but it excludes ornamental base or apron, supports and other structural members. The maximum size limitation shall apply to each side of a sign or sign structure.

c.

Height. A sign not attached to a building wall shall project not more than 30 feet above average grade of the ground at the sign structure. Any sign not attached to a building wall and which is located nearer than 50 feet from the intersection of two or more streets, shall have the bottom of the display surface not less than 12 feet above either the grade of the ground or the pavement below it. An advertising sign attached to a building wall shall not project therefrom more than 18 inches. A sign projecting from a building wall more than eight inches shall have its lowest level not less than seven feet above the grade of the ground directly below it.

d.

Setback. An advertising sign shall be located not less than 40 feet from a right-of-way line abutting a street, nor less than 40 feet from a rear or interior side lot line. An advertising sign that can be viewed from a residence district shall be not less than 100 feet from the nearest boundary line of such residence district.

e.

Number. The minimum distance between signs shall be not less than 2,500 feet.

f.

Content. Information directing attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

(5)

Unified shopping center signs.

a.

Size. The square footage of any sign shall not exceed twice the lineal feet of frontage of such lot.

b.

Height. No sign shall project higher than 30 feet above the grade of the ground below it.

c.

Setback. Such sign shall be back a minimum of 15 feet from the right-of-way on a lot line adjoining a street.

d.

Number. One sign on each street frontage in addition to those described above.

e.

Content. Such sign shall advertise only the name and location of such center or individual use and the name and type of business of each occupant of the center.

f.

Nameplate and identification signs. Nameplate and identification signs shall be as regulated in section 121-395.

g.

"For sale" and "to rent" signs. For sale and to rent signs shall be as regulated in section 121-395.

(Zoning Ordinance 1996, § 15.05; Res. No. 99-5-11-075, § VII(2), 5-11-1999)

Sec. 121-399. - Same—Industrial districts.

The following provisions shall apply to industrial districts:

(1)

Business signs as regulated in section 121-395.

(2)

Advertising signs as regulated in section 121-395 when permitted as a special use.

(3)

Industrial Parks or planned unit developments:

a.

Size. The square footage of any sign shall not exceed twice the lineal feet of frontage of such lot.

b.

Height. No sign shall project higher than 30 feet above average grade.

c.

Setback. Such a sign shall be set back a minimum of 20 feet from the front lot line of such industrial park or planned development.

d.

Number. One additional sign on each street frontage, other than those regulated above.

e.

Content. Such sign shall advertise only the name and location of such industrial park or planned unit development and the name and type of business of each occupant of the park.

f.

Nameplate and identification signs. Nameplate and identification signs shall be as regulated in Section 121-396.

g.

"For sale" and "to rent" signs. For sale and to rent signs shall be as regulated in Section 121-396.

(Zoning Ordinance 1996, § 15.06)