Ottawa City Zoning Code

Sec. 118-2

General and supplemental regulations.

(a)

General regulations. Except as hereinafter provided:

(1)

No building shall be erected, reconstructed or structurally altered, nor shall any building or premises be used for any purpose other than permitted in the district in which such building or premises is located.

(2)

No building shall be erected, reconstructed, or structurally altered to exceed the height limit herein established for the district in which such building is located.

(3)

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established for the district in which such building is located.

(4)

No building shall be erected and no alternations shall be made to the vertical elevation of the site that will impede the natural flow of surface water or direct additional flows from the building or site as to adversely affect adjacent properties.

(b)

Exceptions to height limits.

(1)

Necessary appurtenances. This chapter shall not be deemed to limit or restrict the height of airplane landing towers, belfries, chimneys, clock towers, cooling towers, elevator bulkheads, gas tanks, grain elevators, stacks, flag poles, tanks, water towers, ornamental towers and spires or wireless towers, or other necessary appurtenances commonly constructed above the roof line. These appurtenances shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of this municipality, provided that in "A-1", "A-2" and "B" residence districts no such appurtenance shall exceed 50 feet in height.

(2)

Towers. Towers may be erected to any height, provided the base shall not exceed one-fourth the area of the lot upon which the building to which said tower is an appurtenance is erected; and shall not exceed 2,500 square feet in area and shall be distance at every point from any adjoining property line a distance at least equal to its height.

(3)

Churches, public/semi-public buildings. Churches, public or semi-public buildings, hospitals, sanitarium or schools may exceed the height restrictions of the district, provided such structure shall have front and side yards on both sides complying with the area regulations of the district, and, in addition, the front and side yards shall be increased one foot in width for each foot the building exceeds the height regulations of the district.

(c)

Exceptions to area regulations.

(1)

Front yards. In computing the depth of a front yard in the "A-1", and "A-2" residence districts, and "B" residence district in area which have been partly built up, where the average established depth of the front yard of buildings with front yards fronting on one side of any given street between two cross streets exceeds the requirements under this chapter, the required depth of the front yard shall be increased to conform with such average, which need not, however, exceed 20 feet in the "A-1" and "A-2" residence districts or 15 feet in the "B" residence districts. If the average established depth of the front yard is less than required under this chapter, the depth of the front yard may be decreased to conform with the average which shall in no case be less than seven feet. No existing building shall be altered so as to decrease the depth of the front yard so that the same shall fall below the requirements of this paragraph for future buildings.

(2)

Corner lot. In the "A-1", "A-2" and "B" residence districts, no building on corner lot shall have a side yard on the side street side less than ten feet in width.

(3)

Lot division. In the division of any lot on which a building or buildings already exist, the property side, rear and front yard clearances, as provided under this chapter, must be provided between the new lot lines to be formed and the closest existing building (said divided lot construed as meaning any lot in an accepted and approved subdivision with said city), provided that all lots so formed by said division as aforesaid shall not be less than 7,200 square feet in area.

(4)

Access to approved street. It shall be unlawful for any person, firm or corporation to construct, place or move any dwelling or residence on or onto any lot unless one side of the said lot shall be adjacent to a duly accepted and approved street.

(d)

Lots of record (Districts "D" and "E"). In districts "D" and "E", industrial and commercial buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding area and width limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if the combined parcel of land does not meet the requirements for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(e)

Front setback-through lots. Through lots shall meet the front setback requirements of the district in which it is located on both sides of the lot.

(f)

Accessory structures, and uses.

(1)

Definitions.

Accessory use means a use incidental to the principal building, structure or use of land.

Accessory structure means any structure which is:

Subordinate in size or purpose to the principal structure which it serves.

Located on the same lot as the principal structure.

(2)

Residential regulations. The following regulations shall apply to all accessory structures, shed, garage and/or pools unless the structure is an integral part of the principal structure. If an accessory structure is attached to a principal structure, it shall follow all applicable standards of that zoning district for the principal structure.

Maximum area. A detached structure shall not be more than 50 percent of the footprint of the principal structure and in no event exceed 900 square feet.

Maximum height. Maximum height of any detached structure shall not exceed 18 feet for single-story home and 24 feet for a two-story home.

Minimum distance requirements.

From principal building: Five feet.

From side lot line: Five feet.

From rear lot line: Five feet.

Informational note: Private covenants may apply.

Location. All accessory structures shall be located in rear yards or side yards. No accessory structure is permitted in the front yard.

Ground floor area. The total ground floor area of all detached garages and accessory structures located in a rear yard shall not exceed 50 percent of the area of such rear yard.

Exterior materials. Exterior materials used on detached garage and/or sheds shall be complimentary to the primary structure materials. The building official must approve such materials prior to issuing a permit. Owners that take issue with materials not approved shall appeal through the zoning variance process (section 118-18(g)).

Permits. All accessory structures over 120 square feet require a building permit and payment of required fees. Accessory structures 120 square feet or less will meet ordinance requirements.

Location in easement. It is the responsibility of permit holders to determine the presence and use of all easements. No accessory structure can be built in easement. The final plat may include additional restrictions.

Structure limitations. Unattached garages may be altered to provide for living space above ground level provided that such use is the subject of a properly granted conditional use permit, that the living space is constructed in an existing building, that the structure is not enlarged for use as a living space and the garage remains an accessory structure.

(3)

Commercial and industrial accessory structure shall follow all applicable standards within the zoning district.

(g)

Landscaping and green space requirements.

(1)

All new site developments, expansion of existing structures or reconstruction of structures and/or parking lots shall conform to the following landscape provisions:

The following zoning districts shall meet the minimum amount of required green space per lot: "A-1" - 20 percent, "A-2" - 20 percent, "B" - 20 percent, "C-1" - Ten percent, "C-2" - Ten percent, "C-3" - Ten percent, "D" - Ten percent, "E" - Ten percent.

The owner or agent shall submit a site plan showing areas and types of plantings along with the building permit and/or site development permit application. Said plan shall show the dimensions of areas reserved for landscaping and types of plantings proposed as required by this chapter. The area within portable, above-ground planters may also be considered part of the required area. Emphasis on landscaping shall be on sides abutting more restrictive zones.

Green space and landscaping includes trees, shrubs, hedges, ground covers and lawn grass. These plants shall conform to the standard given in the current "Grade and Standards for Nursery Plants," State of Illinois Department of Agriculture, or equal thereto.

Of the required landscaped area a minimum of one-fifth shall be located within 25 feet of the front property line. For corner lots an additional one-fifth of the required landscaped area shall be located within 25 feet of the side street.

All parking lot areas shall be screened from view of adjacent properties and streets by plantings that will attain a minimum height of three feet within three years or provide for a three-foot undulating berm or low wall/fence.

Parking lots shall be setback a minimum of two feet from the property line.

All parking lots shall incorporate required landscape islands that will correspond to an area of one parking space for every ten actual parking spaces exclusive of required buffer yards and foundation planting areas.

Timing. Landscaping shall be completely installed prior to the issuance of any occupancy permit. If the weather does not permit the installation of landscaping at the time the occupancy permit is being issued, a six-month extension maybe granted with a letter of credit in the amount of one and one-quarter times the cost of landscaping.

These landscaping requirements shall not apply to the area in the defined downtown business district:

That area of downtown Ottawa bordered on the west by Clinton Street, bordered on the north by Washington Street, bordered on the east by a line running down the center line of the alley between Columbus and Paul Streets in blocks 57 and 64 of State's Addition to Jackson Street, and then on the projected said centerline southward to and along the west bank of the Fox River, and bordered on the south by Lincoln Place.

(2)

Green space/future corridor preservation. For the purpose of improving the safety, appearance and for future roadway expansions along the major transportation arterials and collector streets of the city, minimum green space setbacks shall be provided and maintained on all developments as follows:

State Roads - 100 feet from the centerline

Route 23 - north of Post Street and south of McKinley Road

Route 71 - west of Swanson Street and east of Route 6

Route 6 - west of Popular Street and east of the Fox River

County Highways - 90 feet from the centerline

Other Roadways - 80 feet from the center line

Boyce Memorial Drive

Canal Road (excluding the County Highway's portion)

Fosse Road

Gentlemen Road

4-H Road

Township Collector Roads

One Mile Roads

(h)

Fences and walls.

(1)

Maintenance. Fences and walls shall be constructed of weather resistance materials and maintained structurally sound and in good repair.

(2)

Height. No person shall erect or construct on any premises within the city a fence or wall exceeding eight feet in height above existing grade.

(3)

Obstruction of vision. Fences or walls erected on corner lots and lots abutting public ways shall not interfere with the clear vision of pedestrians and motorists.

(4)

No barbed wire or electrically charged, shall be erected or maintained in the "A-1", "A-2", "B", "C-1", "C-2", "C-3", "C-4", "C-5" and "C-6" districts in the City of Ottawa. In the "D" and "E" districts such fence may be allowed behind the front of the structure. No razor wire shall be allowed in any district.

(5)

Public right-of-way. No fence, wall or other obstruction shall be erected within any public right-of-way.

(i)

Junk or salvage yards.

(1)

Definition. Any lot which is used wholly or in part for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials; including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires, and bottles. Temporary storage of inoperable vehicles not to exceed 60 days, is permitted at automobile repairs shops. A "junk yard" includes an automobile wrecking yard but does not include an establishment, located in the applicable industrial district, engaged in manufacturing of steel or metal alloys. If the above listed activity takes place within a completely enclosed structure, it shall not be subject to the regulations listed below.

(2)

Location. Junk or salvage yards shall not be permitted except as a conditional use in "E" industrial districts.

(3)

Screening from view. All junk or salvage yards shall be screened from public view from rights-of-way and more restrictive districts by solid fencing or landscaping at least eight feet in height.

(4)

Compliance. Owners of junk or salvage yards existing on March 6, 1996, shall submit to the city a plan for screening their property within three years of the adoption of this chapter and shall comply within five years of the adoption of this chapter.

(j)

Home occupations. A home occupation means any aspect of a business, profession, or occupation conducted for gain or support within any residence or on any residential premises but excluding the conduct of any retail business, wholesale business or manufacturing enterprise. Every home occupation shall be considered a conditional use.

(1)

No home occupation shall be established or conducted (unless stated otherwise elsewhere in this chapter) except in conformity with the following regulations:

Floor space. No more than 25 percent of the square footage of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. In no instance shall the dwelling unit square footage used for home occupation activities exceed 400 square feet. Square footage of a dwelling unit, in this case, shall include the floor area of all rooms and areas with the dwelling unit, including basements, attic space, garages and accessory buildings. Home occupations are restricted to detached single-family structures. This subparagraph (a) shall not apply to licensed day care centers as defined herein.

Unrelated employees. A home occupation shall employ no more than one individual who is unrelated to the family residing on the premises.

Hours of operation. In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 8:00 p.m. and no business shall be conducted on Sunday. This subparagraph c. shall not apply to licensed day care centers.

Dwelling alteration. In any residential district a principal residential building and lot shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building and lot.

Signage. Signage shall be limited to a four square foot sign (nonmoving and nonilluminated) posted on the building below roof line. Flexible/temporary banners are not permitted in residential zones.

Outdoor storage. Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.

Deliveries. There shall be no deliveries to or from a home occupation with a vehicle having a gross vehicle weight greater than 26,000 pounds.

Garages. Garages and carports may not be used for home occupations other than auto storage.

Residence requirement. Business operator must permanently reside in the home where the business is located.

Nuisances. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dusts, odors, or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines shall constitute a violation of the terms of this provision. The judgment of the zoning enforcement officer shall be considered decisive and final in this matter unless formally appealed to the zoning board of appeals within 30 days of the written determination of the zoning enforcement officer.

The home occupation shall not involve the sale of goods which are stored and delivered to the buyer on the premises, except as incidental to a permitted service.

The home occupation shall not result in the simultaneous presence on the premises and the adjoining street of more than three motor vehicles in excess of the number of vehicles attributable to the residential use of the premises.

(2)

Home occupations that comply with the above conditions may be permitted in either "A-1", A"-2" or "B" residential districts upon the issuance to the applicant of a conditional use permit for a home occupation, issued by the zoning enforcement officer.

(3)

All home occupations shall be subject to periodic inspection by the zoning enforcement officer for the purpose of determining compliance with the provisions of this section 118-2(j).

(4)

Applications for a conditional use permit for a house occupation shall be submitted to the city clerk in compliance with the requirements of section 118-19(h)(1).

(k)

Adult uses.

(1)

Intent and purpose. To regulate uses which, because of their very nature, are recognized as having serious operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

(2)

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively described to them by this section:

Adult book stores. An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material. The term "substantial or significant portion" shall mean at least 30 percent of the floor space or isle space of said establishment.

Adult motion picture theater. An enclosed building with a capacity for 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

Adult mini motion picture theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

Adult entertainment cabaret. A public or private establishment which: (i) features topless dancers, strippers, male or female impersonators; (ii) not infrequently features entertainers who display "specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, "specified sexual activities."

Specified sexual activities is defined as:

Human genitals in a state of sexual stimulation or arousal;

Acts of human masturbation, sexual intercourse or sodomy; or

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Specified anatomical areas is defined as:

Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock and (c) female breast below a point immediately above the top of the areola; and

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3)

Regulated uses. Regulated uses include all adult uses which include, but are not limited to, the following:

Adult book store.

Adult motion picture theater.

Adult mini motion picture theater.

Adult entertainment cabaret.

(4)

Location. Adult uses shall not be permitted except as a conditional use in a "D" commercial and light industrial district with the following restrictions:

An adult use shall not be located within 1,000 feet of another existing adult use.

An adult use shall not be located within 1,000 feet of any property with residential use (i.e. A-1, A-2, B).

An adult use shall not be located within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing, and place of religious worship.

An adult use shall not be located in a building which contains another business that sells or dispenses in some manner alcoholic beverages, or in any building in which alcoholic beverages are sold or dispensed in any manner.

(5)

Measurement of distances. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, residential zoning district, school, place of worship or park.

(6)

Application. Applications for a conditional use permit for an adult use shall be submitted to the city clerk in compliance with the requirements of section 118-19(h). Said application shall also include the following information:

The name of the premises.

The name of the owner of the premises and names of the beneficial owners if the property is in a land trust.

The address of the owner and the beneficial owners.

The name of the business or the establishment subject to the provisions of this chapter.

The name and address of the owner, beneficial owner or the major stock holders of the business or establishment subject to the provisions.

The date of initiation of the adult use.

The nature of the adult use.

If the premises or building is leased, a copy of said lease must be attached.

(7)

Exterior Display. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "special sexual activities" or "specified anatomical areas," from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration sign, show window or other opening.

(l)

Bed and breakfast establishments. ^[2]

(l)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Addition means any act or process which changes one or more of the exterior architectural features of a single-family dwelling by adding to, joining with or increasing the size or capacity of the structure.

Alteration means any act or process that changes one or more of the exterior architectural features of a single-family dwelling, including, but not limited to, the erection, construction, reconstruction, or removal of any part thereof. Alteration shall not include an addition as herein defined.

Bed and breakfast establishment means a private, operator occupied single-family dwelling with a maximum of five guestrooms, located in a unique locale or in a historically or architecturally significant structure, providing only lodging and breakfast for a charge to the public. The single-family dwelling in which the bed and breakfast operates shall be the principal residence of the real property owner who must live on the premises when the bed and breakfast is in operation. The bed and breakfast shall be subordinate and incidental to the single-family residential use of the building. A bed and breakfast must operate for more than ten nights during a 12-month period. The maximum stay for any guest-occupant of a bed and breakfast shall be 60 days in any one calendar year. Bed and breakfast establishments may not be lodging houses, motels, boardinghouses or food establishments and shall not be permitted whenever the operation thereof endangers, offends, or interferes with the safety and rights of others so as to constitute a public nuisance.

Charge means any form of remuneration such as cash, goods or services, barter, donations, forgiveness of indebtedness, or like payment.

Guestroom means a sleeping room with a minimum size of 100 square feet for no more than two transient guests. The guestroom shall be part of the primary residential structure. No cooking facilities shall be permitted in any of the rented guestrooms.

Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historical, architectural and cultural values.

Operator shall mean the owner of the bed and breakfast establishment, or the owner's agent, who are required by this ordinance to reside on the premises of the bed and breakfast establishment.

(2)

Penalty. Any violation of this article by an owner of a bed and breakfast establishment or agent of an owner may result in a suspension, revocation or nonrenewal of such a license as deemed appropriate by the city council. The owner or his agent will be given the opportunity to explain or refute the charges of noncompliance. In addition, violation of this article shall subject the violator to all other penalties as provided by this Code.

(3)

Zoning. Bed and breakfast establishments shall require a conditional use in A-1 (single family), A-2 (single and two-family), B (multifamily), C-1 (local business district), C-2 (general business district), C-3 (special business district), C-4 (central core business district), C-5 (secondary central business district) and C-6 (downtown transition district) zoning districts. Application guidelines for conditional use permits are contained in section 118-19(h) of the zoning ordinance.

(4)

Employees. The owner of the bed and breakfast establishment shall employ no more than one full-time equivalent employee in the bed and breakfast establishment. A full-time equivalent employee is one individual or several individuals whose collective weekly number of working hours does not exceed 40 hours.

(5)

Guest register. Each owner of a bed and breakfast establishment shall keep a list of the names of all persons staying at the bed and breakfast for at least 3 years. This list shall be available for inspection by city officials at any time.

(6)

Retail use. A bed and breakfast establishment located in a residential district may not engage in general retail sales on the premises. However, sales of memorabilia that includes the logo of the bed and breakfast establishment may be permitted to guests. The bed and breakfast shall not be used for private receptions or meetings for/by guests or nonguests.

(7)

Water and sewer. If the bed and breakfast establishment is not serviced with city water and sewer, such service or services shall be inspected every six months at the expense of the owner/operator. The results of those tests must be in compliance with county health department regulations regarding water and/or sewer quality. Those reports shall be filed with the city clerk within one week of being made.

(8)

Appeals. The denial of any license under this article, or any nonrenewal of a license, may be appealed following the appeal procedures related to applications for permits set forth in section 118-19(f) of the zoning ordinance of the city.

(9)

Conditional use and license.

Requirements.

No person shall operate a bed and breakfast establishment without obtaining a conditional use permit and a license.

Application.

An application for a license and conditional use permit to operate a bed and breakfast establishment shall be made in writing by owner/operator to the city clerk, accompanied by a nonrefundable application fee of $225.00. The application must be accompanied by the following information:

A site plan drawing depicting all existing conditions of and proposed alterations, additions and/or rehabilitation to buildings, driveways, parking, berming, landscaping, fencing, utilities, signage and lighting.

ii.

Photographs of the exterior and interior of the proposed bed and breakfast establishment. Pertinent elevations or perspective drawings may be requested for more accurate review of various details.

iii.

A floor plan showing all rooms and a designation of room usage, hallways and exits; and

iv.

Proof of the architectural or historical significance of the building or uniqueness of the locale of the proposed bed and breakfast establishment.

Narrative or graphic information relative to the factors outlined in section 118-19(h)(3) of the zoning ordinance.

The city clerk shall transmit the application and attachments for a license and conditional use permit to operate a bed and breakfast establishment to the plan commission for review pursuant to section 118-19(h) of the zoning ordinance. In addition to the process provided in section 118-19(h) of the zoning ordinance, the application shall be reviewed and approved by the design review committee and, if appropriate, by the Ottawa Historic Preservation Commission (OHPC). Review by the OHPC will be required if the proposed bed and breakfast building has been either designated a landmark by the OHPC, designated a national or state historical site, or is located in a designated historic district. The findings from these reviews shall be reported to the plan commission prior to a public hearing being held for the conditional use.

(10)

Conformance. No conditional use permit and license shall be issued under this division to any bed and breakfast establishment in the city, unless the plans and specifications conform to the following:

Classification. For purpose of building code classification, bed and breakfast shall be classified as R-1 in the 2006 International Building Codes. Sprinkler requirements shall be determined by the fire chief and building official.

County/city reports. The owner/operator of the bed and breakfast establishment shall submit a report to the city clerk from the county health department stating that the bed and breakfast establishment complies with state and county public health regulations. A building department report from the city building official stating that the bed and breakfast establishment complies with applicable building code, electrical code, and plumbing code regulations shall also be submitted to the city clerk.

Parking. One standard size off-street parking space per guestroom plus two off-street parking spaces for the owner/operator must be provided. Tandem parking is allowed; however, not more than two cars per lane shall be allowed. A building or structure shall not be removed in order to allow for a bed and breakfast establishment nor shall such building or structure be removed in order to provide parking for such a use. Parking spaces shall be located to the side and rear of the building and shall be screened from adjacent properties by a wood or masonry fence or by sight-obscuring landscaping (plant material). All parking spaces shall be paved with a hard surface that maintains the historical or unique character of the neighborhood. If the applicant is unable to meet any of the criteria previously mentioned, the applicant may request a variance from the plan commission. The city's intent is not to encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking.

Signs. One sign, not to exceed four square feet in area, shall be permitted. Said sign may not be illuminated except by a source of light which indirectly is cast upon or falls upon the surface and thus illuminates it by reflection only. The sign may be freestanding or attached to the front porch or wall of the dwelling and shall not include the words "hotel" or "motel".

Alterations and rehabilitation. If the exterior of a single-family dwelling in which the bed and breakfast will operate is proposed to be altered, the design shall be architecturally harmonious and compatible with the original structure and with the existing structures in the vicinity. Exterior alterations, additions, and rehabilitations shall be subject to the review process defined in subsection (9)b.2. of subsection (l).

Lighting. Within residential districts lighting shall be prohibited that may create nuisances for adjacent homes.

Site plan. A site plan showing the existing structure (single-family dwelling) and proposed alterations, and/or rehabilitation, if any. The structure shall meet all of the required setbacks, height limit, lot coverage requirements, and general objectives of the applicable zoning district. The site plan must also comply with the access requirements of the fire chief.

Liability insurance. Prior to obtaining a bed and breakfast license, and at the time of renewing the license, the owner of the bed and breakfast establishment shall provide the city clerk with proof that liability insurance coverage in the amount of not less than $500,000.00 per occurrence exists with respect to such establishment.

(11)

License. Once the conditional use permit for a bed and breakfast is approved by the city council, the city clerk shall issue a license signed by the mayor and attested to by the city clerk in conformity with the provisions of this article.

(12)

Display and form of license. The bed and breakfast license shall be conspicuously displayed near the registration area within the establishment. The bed and breakfast license shall be in such form and shall include such information as may be prescribed from time to time by the city council.

(13)

Renewal of license. Bed and breakfast establishment licenses may be renewed annually on January 1. To do so, the owner must submit a renewal application on a form provided by the city, together with such supporting materials as by be required by such renewal application, and a $75.00 renewal fee. Both the renewal application and fee shall be submitted to the city clerk no later than October 1 for the succeeding year. Upon review and approval of the renewal application, a renewal license shall be issued under the signature of the mayor and city clerk. In the event that a renewal license is denied, the operator shall be entitled to a written decision setting forth the reasons for denial, and shall have a right of appeal as provided for in section 118-19(f).

(14)

Variances. Any request for variances under this subsection (l) of the zoning ordinance shall be a part of the conditional use application process and heard by the plan commission simultaneously with the conditional use; provided, however, no variance shall be permitted from the restriction contained in subsection (9)b.3. hereof.

(m)

Telecommunications facilities, towers and antennas.

(1)

Abandonment. To cease operation for a period of 60 or more consecutive days; or to reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days; or to relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or to reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

Alternative tower structure. Man-made trees, clock towers, bell steeples, flag poles, fight poles, similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Applicant. Any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the village.

Co-Location. The use of a personal wireless service facility or cell site by more than one personal wireless service provider.

Mount. The structure or surface upon which personal wireless service facilities are mounted. There are types of mounts:

Building mounted. A personal wireless service facility mount fixed to the roof or side of a building.

Ground mounted. A personal wireless service facility mount fixed to the ground, such as a tower.

Structure mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges.

Personal wireless facility (PWF). Facilities for the provision of personal wireless services.

Personal wireless services. Commercial mobile services, unlicensed wireless services and common carrier wireless services all as contemplated by the United States Code and the FCC.

Preexisting towers and PWF. Any tower or PWF for which a building permit or conditional use permit has been properly issued or is considered legally nonconforming prior to the effective date of this chapter, including permitted towers.

PWF height. The vertical distance measured from the base of the PWF support structure at grade to the highest point of the structure. Measurement of tower height shall include PWF, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

PWF site or site. A tract or parcel of land that contains personal wireless facilities including any support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications services.

PWF support structure. Any pole, telescoping mast, tower, tripod, or other structure which supports PWF.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more PWF, including self-supporting lattice towers, guy towers, monopole towers or unipole antennas.

Tower height. When referring to a tower or other structure, the distance measure from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Unlicensed wireless services. The offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-have satellite services as defined by the United States Code.

(2)

Intent. The purpose of this section is to provide specific regulations for the placement, construction, maintenance, repair and modification of personal wireless service facilities.

(3)

Applicability.

New towers and PWF. All new towers or PWF within the city will be subject to these regulations, except as provided in this chapter.

Preexisting towers or PWF. Preexisting towers and preexisting PWF shall not be required to meet the requirements of this chapter, other than those which specifically apply to preexisting towers or antennas.

Preexisting water towers. Preexisting water towers shall not be required to meet the requirements of this chapter.

(4)

Exemptions and nonconforming uses, maintenance.

Exemptions. The following are considered exempt and are not governed by this chapter.

Routine maintenance or repair of a tower, or personal wireless service facility and related equipment, (excluding structural work or changes in height or dimensions of antennas, towers, or buildings) provided that compliance with the standards of this chapter are maintained;

Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility or tower until 30 days after the completion of such emergency activity;

Nonconforming uses.

Preexisting towers, and personal wireless facilities. Preexisting towers and PWF shall be allowed to continue their usage as they presently exist. Construction or work other than routine maintenance on a preexisting tower, or personal wireless facility shall comply with the requirements of this chapter.

Rebuilding damaged or destroyed nonconforming towers or personal wireless facilities. Notwithstanding anything in this chapter to the contrary, bona fide nonconforming towers or PWF that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified herein. The type, height, and located of the tower and PWF thereon shall be of the same type and characteristics as the original facilities. Building permits to rebuild shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facilities are damaged or destroyed. If no permit is obtained or if said permit expires, the tower or personal wireless facilities shall be deemed abandoned.

(5)

General requirements.

Location.

Towers and PWF are permitted within C-3, D, E and R zoning districts as a conditional use.

Towers and PWF located on publicly-owned structures or publicly-owned land not being used for residential purpose is permitted in any zoning district by conditional use authorization.

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

Facility design preference. All new proposed wireless service facilities must be placed on existing structures or designed in the unipole or monopole style. Individual requests will be evaluated in light of the following preference of the city, which are listed in order of priority with the most preferred design first and the least preferred design last.

New antennas mounted on existing structures (i.e. water towers and etc.).

Multicarrier capable unipole style antenna support structures with antennas installed inside the support structures with direct mounted antennas.

Multicarrier capable monopole style antenna support structures with platform mounted antennas.

Height limitation and setback.

When practical towers should be located a distance from any other structure that is equal to the height of the pole.

Height limit shall be set by the conditional use permit.

All related and ancillary structures shall satisfy the setback requirements of that district.

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

Aesthetics and screening.

PWF or towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color or such shades as are appropriate and compatible with the surrounding environment, so as to reduce visual obtrusiveness.

At a site, the design of the buildings and related structures ancillary to the tower and/or PWF shall, to the extent possible, be screened with live plantings and include evergreen vegetation to reduce the visual obtrusiveness of said structures. Landscaping plan must be submitted for approval.

When a PWF support structure exists, the PWF and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the PWF and related equipment as visually unobtrusive as possible.

Fencing for equipment enclosures must be of residential quality such as wood or vinyl privacy fencing or if chain-link is used, must be screened with evergreen vegetation.

Signs. No signs shall be allowed on a PWF, tower, PWF support structure or equipment enclosures other than identification signs not exceeding one square foot in area.

(6)

Application. All applicants are required to follow the conditional use process as outlined in section 118-19(h) of the zoning ordinance. The following shall be submitted with the application:

A scaled site plan.

Legal description and survey of the parent tract and leased parcel or subdivision plat.

All setbacks required by this chapter must be depicted on the survey and site plan.

A landscape plan.

Fence detail with color, heights, type of material.

A description of compliance with this chapter and all applicable federal, state, or local laws.

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

A statement that the proposed facility meets all FAA, FCC and other applicable standards and regulations.

(7)

Removal of abandoned PWF and towers. Any PWF or tower that is abandoned as defined herein shall be removed within 180 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned PWF or tower within said 180 days shall be grounds for the village to cause removal of the tower or PWF at the owner's expense. If there are two or more uses of a single tower, then this provision shall not become effective until all users cease using the tower.

(8)

Environmental effects. The environmental effects of radio frequency emissions shall not be a basis for denial of a request to place, construct or modify a PWF if such facilities complies with applicable regulations concerning such emissions.

(n)

Wind energy systems.

(1)

Intent and purpose. To establish a process, regulations and standards for the construction and operation of accessory wind energy systems (WES) used primarily for on-site power consumption to ensure that these devices are installed in a manner that will protect and promote public health and safety and preserve the city's character. A wind energy conversion system consisting of a wind turbine, a tower or post and associated controls or conversion electronics that is mounted on a principal structure or on the ground as an accessory use/structure and with a nameplate capacity of less than 50 kilowatts for residential systems and less than 100 kilowatts for nonresidential systems.

(2)

Application. All applicants are required to follow the conditional use process as outlined in section 118-19(h) of the zoning ordinance. The following shall be submitted with the application:

A site plan submittal showing the following information:

Property lines and dimensions.

Location and description of all structures.

Location and dimensions of all access points adjacent to site.

Location and size of all above and underground utilities.

Proposed location of the WES.

Dimensional representation of the structural components of the tower construction including the base and footings.

Schematic of electrical systems associated with the WES including all existing and proposed electrical connections.

Manufacturer's specifications and installation and operation instructions or specific WES design information, including model and rotor diameter.

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the international building code.

(3)

Requirements.

Number. Residentially zoned parcel may apply for one WES per parcel and nonresidential may apply for multiple WES per lot.

Location. No part of a WES shall be located within or over a utility or drainage easement, or on or over property lines or within any required setbacks.

Setback.

Residential. Wind machines shall not be located within front yard setback nor within the street side setback of any parcel of land in residential zoning districts.

Nonresidential. A ten-foot minimum setback from any part of the machine, rotors or guywires to the property line of any nonresidential zoning district.

(4)

Tower height.

Residential. WES shall not extend more than one and one-quarter times in height above the primary structure as measured from the ground.

Nonresidential. WES shall not extend more than two times in height above the primary structure as measured from the ground.

(5)

Tower construction. All towers for a WES shall be a single monopole type constructed without guywires or ground anchors. Guyed towers and lattice towers are expressly prohibited. All towers shall be structurally designed to withstand 100 mile per hour winds and handle loads imparted.

(6)

Blades and clearance. Protected blades shall be used if the WES rotor diameter is within 12 feet of a rooftop or if located within 12 feet of a structure.

(7)

Access and climbing apparatus. All ground mounted electrical and control equipment shall be leveled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the ground.

(8)

Electrical wires. WES including tower shall comply with all applicable state construction and electrical codes, and the national electrical code. All electrical wires associated with a WES, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. All wires and connections shall be wholly located on the subject property, and in no case shall connections to multiple detached structures be permitted.

(9)

Lighting. No WES shall be artificially illuminated unless such lighting is required by the federal aviation administration. If lighting is required by the FAA, a dual mode fixture/lamp shall be installed.

(10)

Appearance, color and finish. The WES and tower shall remain painted or finished a neutral color or finish that was originally applied by the manufacturer, unless approved in the building permit.

(11)

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

(12)

The maximum noise level allowed for all WES shall not exceed 30 decibels for residential and 55 decibels for commercial and industrial measured at the property lines at operational wind speed.

(13)

All systems shall comply with applicable city codes.

(14)

Removal of abandoned structures. The owner of a WES and associated facilities which have been inoperable for 180 days will be notified by the City of Ottawa that the owner has 180 days from the notice date to restore the WES to operating condition or remove the WES. Removal of the wind system shall consist of: the turbines, any above ground improvements, fencing, all foundations, pads, underground electrical wires, or any other components associated with the wind systems operations, all of which shall be to a depth of ten feet. Failure to restore operating condition or remove the WES will be in violation of the zoning ordinance and will result in the removal of the WES at the owner's expense and the costs of removal assessed against the property.

(o)

Newly annexed territory. Any land or territory annexed to the city which is not zoned upon annexation shall be zoned A-1.

(p)

Inns.

(1)

Purpose and intent. Inn for overnight lodging for transients may be located as a conditional use in commercial, mixed-use, and residential neighborhoods within the corporate limits of the City of Ottawa. When located in a zone containing residential neighborhoods special consideration must be given to the inn to ensure that the existing character of the neighborhood is preserved and not adversely impacted.

(2)

Zoning. An inn will be allowed if a conditional use permit is granted in B (multifamily), C-1 (local business), C-2 (general business) C-5 (secondary central business) and C-6 (downtown transition) zoning districts. General application guidelines for conditional use permits are contained in sections 118-19(h) of the zoning ordinance.

(3)

Addition means any act or process which changes one or more of the exterior architectural features of a structure by adding to, joining with or increasing the size or capacity of the structure.

Alteration means any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any part thereof. Alteration shall not include an addition has herein defined.

Inn means a historically, culturally, or architecturally significant structure with no less than six and no more than ten guestrooms for transient inn guests and one apartment unit for the owner or operator. An inn must operate for more than six months during a 12-month calendar period. The maximum stay for any guest-occupant of the inn is 60 days in any one calendar year. The owner, or operator with supervisory capacity over inn guests and staff, must reside at the inn and 24-hour contact information must be provided to the city.

Rehabilitation means the process of returning a property to a state of usefulness, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historical, architectural, or cultural values.

(4)

Conditional use permit application. No person will operate an Inn without obtaining a conditional use permit. The initial application for a conditional use permit to operate an Inn must be made in writing by the owner to the city clerk, accompanied by a nonrefundable application fee of $300.00. The application must be accompanied by the following:

Narrative. Name and address of the owner(s), name and address of the operator, description of proposed use, type of activity, events, manner of operation, number of guest rooms, maximum number of occupants, number of employees, and hours of operation;

Site plan. A site plan drawn to scale showing all existing structures, proposed alterations, and location of parking and signage;

Conceptual architectural drawings. Photographs, renderings and/or drawings of the exterior and interior floor plans drawn to scale of the proposed inn; and

Operational business plan. A copy of your business plan excluding the financial section of the document.

(5)

Process of the application. The city clerk will transmit the application and attachments for a conditional use permit to operate an inn to the plan commission for review pursuant to section 118-19(h) of the zoning ordinance. In addition to the process provided in section 118-19(h) of the zoning ordinance, the application will be transmitted to the Design Review Committee (DRC) and, if appropriate, to the Ottawa Historic Preservation Commission (OHPC) for review. Review by the OHPC will be required if the proposed Inn building has been either designated a landmark by the city, designated a national or state historical site, or is in a designated historic district. The findings from these reviews shall be reported to the plan commission prior to a public hearing being held for the conditional use.

(6)

Conformance. No conditional use permit will be issued under this division to any inn in the city, unless the plans and specifications conform to the following:

Guestroom. The guestrooms of the Inn must have a minimum size of 100 square feet. The guestroom may be part of the primary inn residential structure or an existing residential accessory structure.

Bathrooms. The inn must have no less than one bathroom per two inn guest rooms. Bathrooms must consist of a sink, lavatory and tub or shower. Bathrooms attached to inn guest rooms in an ensuite bathroom arrangement will not be included in guest room square footage requirements. There will be a minimum of one half bathroom (sink and lavatory) made available to inn guests and public visitors on the main floor of the inn.

Parking. One standard size off-street parking space per Inn guestroom plus two off-street parking spaces for the owner or operator apartment unit must be provided on the inn site. Inns in the central business zoning districts C-5 and C-6 are exempt from meeting the parking requirements. Tandem parking is allowed; however, not more than two cars per lane will be allowed. Parking lots must be paved and must be located to the side and rear of the building fully screened by a composite, wood or masonry fence or by sight-obscuring landscaping plant material. The city's intent is not to encourage yards to be destroyed, mature trees removed or the integrity of the neighborhood altered in order to provide required off street parking.

Events.

Indoor events. Attendance at inside events shall be limited to the maximum number of persons allowed per building code.

Outdoor events. No outdoor events are allowed.

Event parking. If on-site parking is filled, off-site (non-street) parking must be provided during events. In no case during events may Inn guests or non-guests, including event staff and service providers, utilize street parking. If during the event any guest or non-guest utilizes street parking the vehicle license holder and inn owner will receive a parking violation. If valet parking is utilized, they must conform to the valet parking ordinance and all loading and unloading for valet services must load and discharge in the inn designated parking area. If shuttle service to and from the off-site parking location is provided, it must load and discharge in the inn designated parking area.

Food.

The Inn may provide food to inn guests and non-guests.

In no case will the inn operate as a food service establishment.

No kitchen amenities except for a mini fridge and coffeemaker will be allowed in an inn guest room.

Retail use. An inn may not engage in general retail sales on the premises. Incidental sales, similar to postcards, keychains, mugs, commemorative items and similar items targeted to visitors and inn guests will be allowed; however, those sales will be limited to the main floor of the inn and the area dedicated to those sales will not exceed 100 square feet.

Commercial deliveries. Commercial deliveries to inns in B zoning districts are limited to Monday through Saturday between the hours of 8:00 am and 5:00 pm and only light and medium sized "box" trucks may make said deliveries.

Signs. One sign on the Inn premises is allowed and the sign must not exceed six square feet in area. Said sign will not be illuminated except by a source of light which indirectly casts upon the sign. The sign may be freestanding or attached to the front porch or wall of the dwelling and must not include the words "hotel" or "motel". No digital or electronic signs are permitted.

Lighting. Exterior lighting will be residential in nature and must not be directed towards adjacent properties. Within residential districts, lighting shall not exceed zero-foot candles at the property line.

Accessory structures. For purposes of the Inn, an existing accessory structure may be included as part of the Inn for guest rooms or the owner or operator.

(7)

Guest register. Each owner of an Inn will keep a list of the names of all persons staying at an inn room for at least three years. This list must be made available for inspection by city officials at any time.

(8)

Liability insurance. Prior to obtaining an Inn conditional use permit, and at the time of subsequent renewal, the owner of the inn must provide the city clerk with proof of general liability insurance coverage with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, premises liability insurance coverage with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, building insurance and comply with the statutory limits for workers' compensation for the entire duration of the conditional use permit.

(9)

Findings. In approving a conditional use permit for an Inn located in B, C-1, C-2, C-5, and C-6 districts, the Plan Commission must make the findings of fact pursuant to the City of Ottawa Zoning Ordinance 118-19(h)(4).

(10)

License. Once the conditional use permit for an Inn is approved by the city council, the city clerk shall issue a license signed by the mayor and attested to by the city clerk in conformance with the provisions of this article.

(11)

Renewal of license. Licenses must be renewed annually by submitting a renewal application and a $75.00 fee to the city clerk no later than 60 days before the current license expires. All licenses will be renewed in conformance with the original conditional use application.

(12)

Termination of license and hearing.

The license for an Inn may be terminated by action of the city council if not in compliance with this article, the original conditional use application, or the terms of the conditional use permit.

Notice and opportunity for hearing.

Before the city council may terminate the license for an inn, written notice of the pending termination of the license and right to an administrative hearing must be served upon the inn owner and inn operator by first class mail, postage pre-paid, to the address of the inn and to the address of the owner of the inn listed on the inn's conditional use application if the addresses are different.

The notice must include the name of the owner, the name of the inn, the date of the notice, and the reason for the impending termination of the inn's license.

The notice must also clearly state the time and date of the inn owner's administrative hearing. The date of the hearing must not be less than seven days from the date of the notice.

The hearing will be conducted by the mayor, and the mayor will determine if the inn violated one of the sections contained within this ordinance. Following the hearing, if the Mayor determines the inn violated one of the sections contained within this ordinance, then the city council will have authority to terminate the inn's license effective immediately.

If the inn owner does not appear at the date and time of their administrative hearing, then the inn will be found in default and the city council will have authority to terminate the inn's license effective immediately.

(13)

Automatic termination of license and conditional use.

The license and conditional use permit for an Inn will automatically terminate if said use is discontinued for a period of 12 months, regardless of any intent to resume operation.

The license for an inn will automatically terminate upon any transfer of ownership of said real property.

If the license automatically terminates pursuant to this section, the inn owner is not entitled to an administrative hearing.

(14)

Taxes. All Inn guest rooms for lodging will be subject to all City of Ottawa hotel operator's taxes, and to all county and state guest room taxes.

(q)

Cannabis business establishments.

(1)

Definitions. For purposes of this section, the following words and phrases will have the meanings respectively described to them by this section:

Cannabis business establishment. A cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Cannabis craft grower. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis cultivation center. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis dispensing organization. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis infuser organization or infuser. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis processing organization or processor. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis transporting organization or transporter. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(2)

Permitted use. Cannabis dispensing organizations will be a permitted use in "C-3" (special business districts), "C-4" (central core business district), "C-5" (secondary central business district), "D" (commercial and light industrial), and "E" (industrial). However, in the zoning districts where dispensing organizations are permitted, the proposed facility must comply with the following:

Facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or church. Learning centers and vocational/trade centers will not be classified as a public or private school for purposes of this section.

Facility may not be located within 250 feet of a property zoned A-1, A-2, or B.

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

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

(3)

Conditional use. Cannabis cultivation centers, craft growers, processing organizations, infuser organizations, and transporting organizations will require approval of a conditional use in "C-3" (special business district), "D" (commercial and light industrial) and "E" (industrial) and the conditional use will be processed in accordance with section 118-19(h) and as provided herein.

In determining compliance with section 118-19(h) of this chapter, the following components for a cannabis cultivation center, craft grower, processing organization, infuser organization, and transporting organization will be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

Hours of operation and anticipated number of customers/employees.

Anticipated parking demand and available private parking supply.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

Site design, including access points and internal site circulation.

Proposed signage plan.

Compliance with all requirements provided in, as applicable.

Other criteria determined to be necessary to assess compliance with section 118-19(h).

(4)

Cannabis craft grower. In the zoning districts where cannabis craft growers may be located, the proposed facility must comply with the following:

Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers will not be classified as a public or private school for purposes of this section.

Facility may not be located within 250 feet of a property zoned A-1, A-2, or B.

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

Petitioner shall file an affidavit with the city affirming compliance with this subsection (3) as provided herein and all other requirements of the Act.

(5)

Cannabis cultivation center. In those zoning districts where cannabis cultivation centers may be located, the proposed facility must comply with the following:

Facility may not be located within 250 feet of a property zoned A-1, A-2, or B.

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

Petitioner shall file an affidavit with the city affirming compliance with this subsection (4) as provided herein and all other requirements of the Act.

(6)

Cannabis infuser organization. In those zoning districts where cannabis infuser organization may be located, the proposed facility must comply with the following:

Facility may not be located within 250 feet of a property zoned A-1, A-2, or B.

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

Petitioner shall file an affidavit with the city affirming compliance with this subsection (6) as provided herein and all other requirements of the Act.

(7)

Cannabis processing organization. In those zoning districts where cannabis processing organization may be located, the proposed facility must comply with the following:

Facility may not be located within 250 feet of a property zoned A-1, A-2, or B.

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

Petitioner shall file an affidavit with the city affirming compliance with this subsection (7) as provided herein and all other requirements of the Act.

(8)

Cannabis transporting organization. In those zoning where transporting organization may be located, the proposed facility must comply with the following:

Facility may not be located within 250 feet of a property zoned A-1, A-2, or B.

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

Petitioner shall file an affidavit with the city affirming compliance with this subsection (8) as provided herein and all other requirements of the Act.

(9)

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

(10)

Co-location of cannabis business establishments. The city may approve the co-location of a cannabis dispensing organization with a cannabis craft grower center or a cannabis infuser organization, or both, subject to the provisions of the Act and the Conditional Use criteria within the City of Ottawa Municipal Code. In a co-location, the floor space requirements of subsections (6)c. will not apply, but the co-located establishments will be the sole use of the tenant space.

(r)

Cargo containers.

(1)

Permitted uses. Cargo containers are prohibited in all zoning districts except as prescribed below:

Cargo containers are permitted as an accessory structure for storage purposes only in zoning districts "D" (office, research, and light industrial district) and "E" (industrial district) and must meet all the regulations applicable to accessory structures in the zoning code set forth in section 118-2(f).

Cargo containers are permitted as a temporary accessory structure for storage during nonresidential construction if a temporary use permit is issued pursuant to the requirements set forth below.

Cargo containers are permitted as a temporary accessory structure for storage purposes only in zoning districts "C-2" (general business district), "C-3" (special business district), "C-4" (central core business district), and "C-5" (secondary central business district) if a temporary use permit is issued pursuant to the requirements set forth below.

(2)

Location of cargo containers on the parcel.

Any cargo containers authorized in the City of Ottawa may not be located in the front yard and must be located on the lot or parcel in a location to minimize the visual impact to adjacent properties and rights-of-way.

Cargo containers will not be located within any required setback requirements for the zoning district they are permitted in.

Prior to issuance of a temporary use permit, the building official must approve the placement of the cargo container on the lot or parcel.

A cargo container placed on a lot or parcel for non-residential construction purposes, must be placed on the parcel or lot where the construction is being conducted.

(3)

Temporary use permit application and fee. A temporary use permit is required for cargo containers to be used for non-residential construction storage or as a temporary accessory structure used for storage only.

Application. To receive a temporary use permit, an owner or tenant of the property requesting the cargo container(s) must submit an application on a form prescribed by the city, which must contain the following information.

The name, address, phone number, and email address of the property owner or tenant, and if different, the business owner.

The address of the location and site where the cargo container(s) will be placed.

A diagram showing the proposed placement for the cargo container(s) on the lot or parcel.

The number of containers and the dimensions and size of each container.

The date of arrival and removal for each container.

Signature of the property owner or tenant.

Whether the application is for non-residential construction or a temporary accessory structure for storage.

Fee. The application must also include a fee of $50.00.

Length of permit.

A temporary non-residential construction permit will be valid for a maximum of 180 days, beginning the first day the cargo container is placed on the property. A temporary permit may be extended for construction projects exceeding 180 days. The permit will be automatically revoked upon the completion of the construction or the issuance of an occupancy permit, whichever occurs first, and the cargo container(s) must be immediately removed.

A temporary accessory structure permit will be valid for a maximum of 90 days per calendar year. At the discretion of the building official, a one-time extension of the permit may be granted, but the extension will not exceed 30 days in one calendar year.

Issuance of permit. The building official may issue a temporary use permit upon receipt of the application and fee if the building official is of the opinion the cargo container will comply with the regulations stated herein.

Fine. If the cargo container(s) is not removed from the property upon the expiration or revocation of the temporary use permit and the permit has not been extended by the building official, then the applicant will be fined not less than $100.00 for each cargo container remaining on the property. A separate offense will be deemed committed each day the violation occurs or continues to occur.

(4)

Prohibited uses.

Cargo containers used as mini-warehouse storage, off-premises warehouse storage or any form of rental storage is not permitted in any zoning district.

Stacking of cargo containers is prohibited.

Materials stored in cargo containers may not include any hazardous materials.

(s)

Solar energy systems.

(1)

Scope. This article applies to all solar energy installations in the City of Ottawa

(2)

Purpose and intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of solar energy systems. The City of Ottawa has adopted these regulations of the following purposes:

Climate change goals. The City of Ottawa is committed to reducing carbon and other greenhouse gas emissions. Solar energy is abundant, renewable, and non-polluting energy resource and its conversion to electricity or heat reduces dependence on nonrenewable energy resources and decreases that results from the use of conventional energy sources.

Local resource. Solar energy is an underused local energy resource and encouraging the use of solar energy will diversify the community's energy options.

(3)

Definitions. For purposes of this section, the following words and phrases will have the meanings respectively described to them by this section:

Agrivoltaics. A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.

Building integrated solar energy systems. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

Community scale solar energy system. A commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off-site from the facility, either retail or wholesale. Community scale systems are principal uses and typically cover less than ten acres.

Community solar garden. A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off site form the location of the energy system. Also referred to as shared solar.

Grid-intertie solar energy system. A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

Ground mounted. A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground mounted systems can be either accessory or principal uses.

Large scale solar energy systems. A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large scale solar energy system will have a project size greater than ten acres and is the principal use for the parcel(s) on which it is located.

Off grid solar energy system. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Passive solar energy system. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

Photovoltaic system. A solar energy system that converts solar energy directly into electricity.

Pollinator friendly solar. A solar installation that has been recognized as a pollinator friendly installation by the Illinois Department of Natural Resources (IDNR), consistent with state statutes 525 ILCS 55.

Renewable energy easement, solar energy easement. An easement that limits the height, location, or both, of permissible development on the burdened land in terms of a structure, vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.

Roof mounted. A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof mounted systems are accessory to the principal use.

Roof pitch. The final exterior slope of a roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12;, or 12/12.

Solar access. Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

Solar carport. A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.

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. The collector does not include frames, supports, or mounting hardware.

Solar daylighting Capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope.

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, the purpose of which is provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

Solar hot air system (also referred to as solar air heat or solar furnace). A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically mounted collector on a south facing wall.

Solar hot water system. A system that includes a solar collector and heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water for commercial processes.

Solar mounting devices. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

Solar ready design. The design and construction of a building that facilitates and makes feasible the installation of rooftop solar.

Solar resource. A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. standard time on all days of the year, and can be measured in annual watts per square meter.

(4)

Permitted accessory use. Solar energy systems are a permitted accessory use in all zoning districts where the structures of any sort are allowed, subject to certain requirements as set forth in this section. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the design standards set forth in this subsection below will require a conditional use permit.

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

Building or roof mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building integrated systems shall be given an equivalent exception to height standards as building mounted mechanical devices or equipment.

Ground or pole mounted solar systems are not permitted in residential zoning districts, which includes "A-1," "A-2," and "B" unless the subject lot is ten acres or more in size and will require a conditional use permit. Ground or pole mounted solar energy systems are permitted in all other non-residential zoning districts and shall not exceed 15 feet in height when orientated at maximum tilt.

Solar carports in non-residential districts shall not exceed 20 feet in height.

Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principle land use associated with the lot on which the system is located, as permitted below.

Roof or building mounted solar energy systems. The collector surface and mounting devices for roof mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to extend beyond the edge and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building integrated systems and are regulated as awnings.

Ground mounted solar energy systems. Ground mounted solar energy systems may not extend into the side yard or rear setback when orientated at minimum design tilt, except as otherwise allowed for building mechanical systems.

Visibility. Solar energy systems in residential districts must be designed to minimize visual impacts from the public right-of-way (ROW), as described in below. Visibility standards do not apply to systems in non-residential districts, except for an historic building or district as described in subsection e below.

Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public ROW, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which it is located.

Aesthetic restrictions. Roof or ground mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public ROW other than an alley or if the system meets the following standards:

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

ii.

Roof mounted systems on flat roofs that are visible from the nearest edge of the front ROW shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

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

Lot coverage. Ground mounted systems total collector area will not exceed half the building footprint of the principal structure.

For non-residentially zoned properties, ground mounted systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

Ground mounted systems will not count toward accessory structure limitations

Solar carports in non-residential districts are exempt from lot coverage limitations.

Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designed historic buildings (exclusive of state or federal historic designations) must receive approval of the historic preservation commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of the Interior.

Plan approval required. All solar energy systems requiring a building permit shall also be subject to design review in accordance with the provisions of the "design review ordinance" and "manual of downtown design guidelines" if necessary. In carrying out these responsibilities, the city shall be guided by the policies, principles, and standards contained in the City of Ottawa Downtown Plan and Comprehensive Plan, as adopted, and the City of Ottawa Manual of Design Guidelines.

Applications for solar energy systems shall be accompanied by to scale horizontal and vertical drawings. The drawings must show the location of the system on the building or on the property for a ground mounted system, including the property lines.

Applications that meet the design requirements of this ordinance shall be granted administrative approval of the city planner and building official. Plan approval does not indicate compliance with building code or electrical code.

Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating

Compliance with building code. All solar energy systems must meet the approval of the local building code official, consistent with the International Building Code, and the solar thermal systems must comply with HVAC related requirements of the energy code, and any pertinent City of Ottawa adopted codes.

Compliance with electric code. All photovoltaic systems must comply with the National Electrical Code and City of Ottawa electrical ordinances.

Compliance with state plumbing code. Solar thermal systems must comply with the applicable Illinois State Plumbing Code and City of Ottawa plumbing ordinances.

Utility notifications All grid inertie solar energy systems must comply with the interconnection requirements of the electrical utility. Of[f] grid systems are exempt from this requirement.

(5)

Principal uses. The City of Ottawa encourages the development of commercial or utility scale solar energy systems where such systems present few land conflicts with current and future development patterns. Ground mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in certain districts and must follow the requirements set forth below.

Principal use general standards.

Site design.

Setbacks. Community and large-scale solar arrays must meet the following setbacks:

Property line setback for buildings or structures in the zoning district in which the system is located, except as determined in subsection v below.

Roadway setback of 150 feet from the ROW centerline of state highways, and 100 feet from other roadways, except as determined in subsection v. below.

Setback of 150 feet from any existing dwelling unit, except as determined in subsection v. below.

Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.

All setback can be reduced by 50 percent if the array is fully screened from the setback point of measurement.

ii.

Screening. Community and large scale solar must be screened from existing residential dwellings.

A screening plan shall be submitted that identifies the type and extent of screening.

Screening shall be consistent with the City of Ottawa's Design Review Ordinance.

Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

The City of Ottawa may require screening where it determines there is a clear community interest in maintaining a view shed.

iii.

Ground cover and buffer areas. The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover. Additional site specific conditions may apply as required by the City of Ottawa.

Large scale removal of mature trees on the site is discouraged. The City of Ottawa may set additional restrictions on tree clearing or require mitigation for cleared trees.

The project design shall include the installation and establishment of ground cover meeting the pollinator friendly standard consistent with 525 ILCS 55/1 "Pollinator Friendly Solar Site Act" or successor statutes and guidance as set by the Illinois Department of Natural Resources.

The applicant shall submit a vegetation management plan adhering to guidance set forth by the pollinator scorecard published by the Illinois Department of Natural Resources.

Pollinator friendly standards shall be maintained on the site for the duration of operation, until the site is decommissioned.

The City of Ottawa may require submittal of an inspection fee at the time of the initial permit application to support ongoing inspection of the pollinator friendly ground cover.

The applicant shall submit a financial guarantee in the form of a letter of credit or bond in the favor of the City of Ottawa equal to 125 percent of the costs to meet the pollinator standard. The financial guarantee shall remain in effect until vegetation is sufficiently established.

Plant material must not have been treated with systemic insecticides, particularly neonicontinoids.

iv.

Foundations. A registered professional engineer shall certify the foundation and design of solar panel racking and support is within accepted professional standards, given local soil and climate conditions.

Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations of interconnections with buildings shall be buried underground. Exemptions may be granted by the City of Ottawa in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes under grounding unfeasible, at the discretion of the community development director.

vi.

Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs and shall and shall preferably use wildlife friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.

Stormwater and NPDES. Solar farms are subject to the City of Ottawa's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in (a)(1)c of this section.

Other standards and codes. All solar farms shall be in compliance with all local, state, and federal regulatory codes, including the State of Illinois Uniform Building Code, as amended; and the National Electrical Code, as amended.

Site Plan Required. The applicant shall submit a detailed site plan as required by the City of Ottawa's Design Review Ordinance. Further, the site plan shall include both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights of way, service roads, flood plains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics as requested by the City of Ottawa. The site plan should show all zoning districts and overlay districts if applicable.

Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils, including submitting an Agricultural Impact Mitigation Plan (AIMP) to the City of Ottawa and the Illinois Department of Agriculture, as required in Illinois Statutes (505 ILCS 147, or successor statute). The City of Ottawa may require mitigation for use of prime soils for solar array placement, including the following:

Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.

ii.

Using interim use that allows the site to be returned to agriculture at the end of life of the solar installation.

iii.

Placing agricultural conservation easements on an equivalent number of price soil acres adjacent to or surrounding the project site.

Decommissioning. A decommissioning plan shall be prepared and submitted as part of the Agricultural Impact Mitigation Plan (505 ILCS 147).

Decommissioning of the system must occur in the event the project is not under use for 12 consecutive months.

ii.

The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and consistency with all standards from the AIMP.

iii.

Disposal of structures and/or foundations shall meet the provisions of the City of Ottawa's Solid Waste Ordinance (Chapter 82).

iv.

Financial assurances shall be provided to the City of Ottawa consistent with the Illinois Department of Agriculture standard agricultural impact mitigation agreement.

Community Scale Solar (also known as shared solar). The City of Ottawa permits the development of community scale solar subject to the following standards:

Rooftop gardens permitted. Rooftop community systems are permitted in all districts where buildings are permitted.

Community scale uses. Ground mounted community solar energy systems must cover no more than ten acres (project boundaries). Ground mounted solar developments covering more than ten acres shall be considered large scale solar.

Dimensional standards. All structures must comply with setback and height standards for the zoning district in which the system is located.

Other standards. Ground mounted systems must comply with all required standards for structures in the zoning district in which the system is located.

Large scale solar. Ground mounted solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted as conditional uses in certain zoning districts.

(6)

The chart below outlines each type of solar energy system and the zoning districts in which each type of solar energy system is a permitted use or a conditional use:

Use Type	A-1, A-2, B	C-1, C-2, C-3	C-4, C-5, C-6	D, E	M, R, POS
Large scale solar				C	C
Community scale solar (excluding rooftop community gardens)		C	C	P	P
Accessory use ground mounted solar	C*	P	P	P	P
Rooftop solar (including rooftop community gardens)	P	P	P	P	P

P = permitted [use]

C = conditional use

* The subject lot must be 10 acres or more to receive a conditional use permit.

(Ord. of 9-17-2013, § 2; Ord. No. O14-2015, § 2—6, 4-7-2015; Ord. No. O71-2017, § 2, 12-19-2017; Ord. No. O15-2020, § 2, 3-17-2020; Ord. No. O28-2021, § 2, 5-18-2021; Ord. No. O01-2022, § 2, 1-4-2022; Ord. No. O32-2024, §§ 1, 2, 7-2-2024)

Footnotes:

--- (2) ---

State Law reference— Bed and Breakfast Act, 50 ILCS 820/1 et seq.