A.   Definitions:

      DISH ANTENNA: An antenna shaped like a saucer, spherical section or parabola or a similar antenna used to receive electronic signals from satellites.

      EARTH STATION: Refers to a dish antenna together with its associated base, mounting and aiming hardware and electronics.

      GROUND MOUNTED: Refers to an earth station installed on the ground or on one or more pedestals, posts or legs placed on the ground.

      RECEIVER: Refers to an electronic device which receives electronic signals from an earth station.

      ROOF MOUNTED: Refers to a dish antenna or earth station installed directly on a roof of a primary or accessory building or on a pole or tower rigidly attached to a primary or accessory building.

   B.   Regulations Applicable to All Dish Antennas and Earth Stations:

      1.   All earth stations shall be ground mounted or roof mounted. No earth station shall be mounted upon an appurtenance or structure such as a chimney, freestanding tower, tree or spire.

      2.   No earth station designed for ground mounting shall be installed upon the roof of any structure (including, but not limited to, any garage, residential dwelling, church, school, apartment building, hospital or any other building or structure).

      3.   There shall be only one earth station per lot, premises or parcel of land.

      4.   No earth station shall be linked, physically or electronically, to a receiver which is not located on the same lot, premises or parcel of land as is the earth station.

      5.   Wiring between an earth station and a receiver shall be placed at least four inches (4") beneath the surface of the ground within rigid conduit.

      6.   All earth stations shall be bonded to a grounding rod.

      7.   No form of advertising or identification shall be allowed on earth stations other than a manufacturer's small identification plate, or other identifying marks not exceeding one square foot in size. Dish antennas must be neutral (gray, beige, black or off-white) in color.

   C.   Regulations Applicable to Ground Mounted Earth Stations Only:

      1.   Ground mounted earth stations shall not be located in a front yard, or in a side yard which adjoins a street or a road.

      2.   No part of any ground mounted earth station (including posts, pedestals or legs) may be closer to any side or rear property line than the diameter of its dish antenna.

      3.   Ground mounted dish antennas may be no greater than ten feet (10') in diameter. The bottom of a ground mounted dish antenna may be no more than six feet (6') from the ground level.

      4.   Ground mounted earth stations shall be designed to withstand a wind force of seventy five (75) miles per hour without the use of supporting guy wires.

      5.   Space required for ground mounted earth stations shall not be considered when calculating square footage requirements for accessory buildings.

   D.   Regulations Applicable To Roof Mounted Earth Stations Only:

      1.   The bottom of a roof mounted dish antenna shall not exceed a height of more than two feet (2') above the roof of the building on which it is mounted or to which its pole or tower is attached.

      2.   A roof mounted dish antenna shall not exceed six feet (6') in diameter.

      3.   Roof mounted earth stations shall be designed to withstand a wind force of eighty five (85) miles per hour without the use of supporting guywires.

      4.   Any driving motor used for a roof mounted earth station shall be limited to one hundred ten (110) volt maximum power design and be encased in protective guards.

   E.   Trial Period And Permits:

      1.   Prior to the installation of any earth station, the owner or installer thereof shall pay to the village clerk a permit fee specified in chapter 7 of this title and shall submit reasonable evidence to the director of building and zoning that the installation will comply with the provisions of this title. If satisfied, the zoning administrator shall issue an installation permit, but may revoke the permit during or after installation for violations of this title.

      2.   An earth station loaned or rented on a trial basis not to exceed ten (10) days is not subject to any of the regulations of this chapter; except, that it must be grounded. (Ord. 93-11, 6-14-1993; amd. 1994 Code)

   A.   Definitions:

      INFLATABLE POOL: A swimming pool capable of having a water depth of thirty six inches (36") or less, and which is erected by means of inflation.

      JUVENILE POOL: A receptacle for water or an artificial pool of water having a depth of less than two feet (2'), intended for the purpose of immersion or partial immersion therein of human beings.

      PRIVATE RESIDENTIAL SWIMMING POOL: A swimming pool, including inflatable pools, maintained by an individual primarily for the sole use of his or her household and guests and not for profit.

      PUBLIC SWIMMING POOL: A swimming pool maintained by individuals for the use of more than one household, or maintained by a club for the use of its members, or maintained by a business for profit, or maintained by a school, park district, municipality or other public not for profit organizations.

      SWIMMING POOL: A receptacle for water, or an artificial pool of water having a depth at any point of more than two feet (2'), intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment constructed, installed and maintained in or above the ground inside or outside of a building.

   B.   Permit Requirements:

      1.   It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool unless permits shall have been obtained from the village.

      2.   It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any public swimming pool within the village unless any required permits shall first have also been obtained from the state.

      3.   No permit is required for a juvenile pool or an inflatable pool.

   C.   Drawings, Plans And Permits:

      1.   Each application for a swimming pool permit shall be accompanied by a permit fee specified in chapter 7 of this title and by a set of plans or drawings which shall be drawn to scale. All distances and dimensions shall be accurately figured and drawings shall be explicit and complete showing the lot lines, distance from the residence(s), location of the fence and pool walk. The pool, walk and fence construction, electrical system and all relevant appurtenances pertaining to the pool, sufficient to show whether the swimming pool will comply with this title.

   D.   Location Restrictions:

      1.   Private residential swimming pools shall be permitted in single-family residential zones only. No portion of the pool shall be located less than four feet (4') from a side or rear lot line. Pools and appurtenant equipment shall not be permitted in any front yard.

      2.   Public swimming pools shall be permitted in residential and business zones; except, that any public swimming pool operated for the purpose of profit or operated in connection with a business operated for profit shall not be operated in a single- family residential zone. No portion of a public swimming pool or its appurtenant equipment shall be located less than fifteen feet (15') from a side or rear lot line. Public swimming pools shall not be located in a front yard.

   E.   Fences:

      1.   A swimming pool shall be completely enclosed by a fence:

         a.   Which is erected along the periphery of the swimming pool and any immediately adjacent walk, deck or terrace area appurtenant to the swimming pool; or

         b.   Which completely encloses a rear yard in which the swimming pool is located.

The fence shall be at least thirty six inches (36") in height and shall be designed and constructed to render the swimming pool inaccessible to children under six (6) years of age. All fence openings shall be equipped with gates and all gates shall be equipped with self-closing devices and shall have latches.

      2.   Swimming pools shall be exempt from the requirements of subsection E1 of this section if they: a) are above ground level in whole or in part, and b) have a walkway or deck area greater than thirty inches (30") in height with integral guards or rails and a means of egress which can be removed and locked while the swimming pool is not in use. Persons with such exempt pools ensure that ladders and other means of ingress or egress are kept removed or locked when the swimming pools are not in use.

   F.   Electrical Requirements:

      1.   Where electrical conductors are adjacent to a swimming pool or juvenile pool, they shall have proper insulation and shall be ground fault protected. No overhead electrical wires shall be permitted within fifteen feet (15') of a swimming pool.

   G.   Safety Precautions: Swimming pools and juvenile pools shall be maintained in a clean, safe and sanitary condition.

   H.   Inspection Requirements: The zoning administrator may, upon completion of construction of a pool or upon receipt of information that a pool is nonconforming and with prior notice to the owner, inspect a swimming pool to determine whether it is in compliance with the provisions of this title. (Ord. 06-04, 6-26-2006)

   I.   Nonconforming Structures: Swimming pools erected prior to the effective date hereof, which do not meet the fence, electrical or safety requirements of this title shall be made to conform to such requirements within ninety (90) days of the effective date hereof. No swimming pool existing as of the effective date hereof shall be rendered illegal solely because of its violation of location or setback provisions of this title. (Ord. 93-11, 6-14-1993)

   A.   Porches and decks, when attached to a principal dwelling, or when any part thereof is within eighteen inches (18") of a principal dwelling, shall be considered part of such principal dwelling for setback purposes and for purposes of calculating required yards in accordance with the provisions of this zoning title. However, except for enclosed porches and decks, the area of a porch or deck shall not be included in the gross floor area of a structure.

   B.   Porches and decks not attached to or within eighteen inches (18") of a principal dwelling shall be considered accessory buildings for all purposes of this zoning title.

   C.   The construction or enclosure of a porch or deck, whether within subsection A or B of this section, shall require a building permit. Each application for a permit shall be accompanied by the permit fee specified in chapter 7 of this title and with a set of plans or drawings drawn to scale. All distances and dimensions shall be accurately figured and drawings shall be made explicit and complete showing the relative locations of the residence, the porch or deck and any existing accessory buildings and the lot lines.

   D.   A shed with sixty five (65) square feet or more floor area shall require a building permit. (Ord. 93-11, 6-14-1993)

   A.   Requirements In Residential Districts: No fence may be erected within the village and within a residential zoning district which does not comply with the following specifications:

      1.   Any fence erected in a required front yard shall be at least fifty percent (50%) open, and no fence erected in a required front yard may exceed four feet (4') in height measured from ground level. A clearance of three inches (3") shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be erected in the front of a residence on the same zoning lot. For through lots, that yard which is used as a rear yard, and which would normally be considered a rear yard for lots other than through lots, shall be considered a rear yard for purposes of erecting a fence.

      2.   Any privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.

      3.   No fence may be erected which exceeds eight feet (8') in height above ground level.

      4.   No fence may be constructed with barbed wire, metal spikes or any other sharp pointed materials. All chainlink fences shall be installed with the knuckle portion of the fence up and with the barb portion of the fence at or near the ground. No fence may be electrified.

      5.   No fence may be erected which will hinder access to any easement or right of way for a public or village owned utility including, but not limited to, gas, water, sewer, telephone, electric and cable television.

      6.   All fence posts, poles and other upright members and elements, if not hidden, shall face the fence owner's side of the fence and not the adjacent property owner's side of the fence.

   B.   Requirements In Commercial And Industrial Districts: No fence may be erected within the village and within a commercial or industrial zoning district, which does not comply with the following specifications:

      1.   Any fence erected in a required front yard shall be at least fifty percent (50%) open.

      2.   Any privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.

      3.   No fence may exceed a height of eight feet (8') above ground level. A clearance of three inches (3") shall be allowed for installation purposes and shall not count in determining the height of a fence.

      4.   No fence may be constructed with barbed wire, metal spikes or any other sharp pointed materials unless the sharp pointed materials are erected at least six feet (6') above ground level, but not higher than eight feet (8') above ground level. All chainlink fences shall be installed with the barbed portion of a fence at or near the ground unless it is installed at least six feet (6') above ground level. No fence may be electrified.

      5.   No fence may be erected which will hinder access to any easement or right of way for a public or village owned utility including, but not limited to, gas, water, sewer, telephone, electric and cable television.

      6.   All fence posts, poles, and other upright members and elements, if not hidden, shall face the fence owner's sine of the fence and not the adjacent property owner's side of the fence.

   C.   Permits:

      1.   No fence may be erected unless a fence permit is obtained from the zoning administrator. The individual or agency actually constructing the fence shall be responsible for obtaining the permit. No work shall start until the permit has been obtained. Any individual or agency starting work prior to applying for, and receiving said permit shall be subject to a twenty five dollar ($25.00) fine. This fine may be in addition to, and not in lieu of, any additional fines or penalties that are provided for in this chapter.

   D.   Recreational Purpose Fences: Fences erected for purposes of providing fencing around sports or recreational facilities or areas as listed below, shall not be subject to the height restrictions specified elsewhere in this section; provided, that such facility or area is not located within twenty feet (20') of a zoning lot corner formed by the intersection of any two (2) street lines, the fence is at least seventy five percent (75%) open and a fence permit is obtained. The maximum height of a fence is listed by each sports or recreational facility or areas as follows:

 

 

   E.   Swimming Pool Fences: Where there is a conflict between this section and section 9-6-2 of this chapter relating to swimming pool fences, section 9-6-2 of this chapter shall prevail. (Ord. 93-11, 6-14-1993; amd. Ord. 12-14, 7-23-2012)

A.   Definitions.

 

 

   B.   Commercial Solar Energy System (CSES).

      1.   Purpose and Intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of CSESs designed for commercial energy production. The intent of these regulations is to protect the public health, safety, and community welfare while allowing development of solar energy resources for commercial purposes.

      2.   Conditional Permitted Use (CPU). CSESs shall require a CPU within the A-l or I zoning districts, and shall be subject to the procedures and standards included in Section 9-7-8 of the Village Code, unless otherwise stated in this Chapter.

      3.   Special Requirements. CSESs are subject to the following requirements:

         a.   Height. Shall not exceed eighteen feet at maximum tilt of the solar panel(s).

         b.   Setbacks. The front, side and rear yard setbacks shall be a minimum of fifty feet from the property lines which form the outside perimeter of a CSES. The CSES shall not be located within two hundred and fifty (250) feet of an existing dwelling. For properties participating in the solar farm, no additional separation from any existing dwelling or existing principal building is required except as provided for in Section 9-2-6 (Yards, Generally) in effect on the date the CSES building permit is submitted.

         c.   Fencing. A fence of at least six feet in height shall enclose and secure the CSES. Hazardous fencing such as barbed wire, electrically charged fencing or fencing with metal spikes is allowed providing such fencing is located at a height of at least six (6) feet above grade level.

         d.   Screening. A landscaping screen shall be provided for any part of the CSES that is visible to and located within five hundred (500) feet of an existing dwelling. The landscaping screen shall be located between the required fencing and the perimeter of the CSES Project Area. The screening shall include a continuous line of native evergreen foliage and/or native shrubs and/or native trees and/or any existing wooded area and/or plantings of tall native grasses and other native flowering plants. The landscaping shall not be required if the CSES is not visible to a dwelling by virtue of the existing topography as determined by the Village Zoning Administrator.

         e.   Lighting. If lighting is provided at the project, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel(s) or highway(s).

         f.   Noise. Noise levels measured at the property line shall not exceed fifty decibels when located adjacent to an existing residence or residential district.

         g.   Installation and Design. The CSES shall be designed and located in order to prevent glare toward any inhabited buildings on adjacent properties as well as adjacent highways.

         h.   All wiring between solar panels and the solar facility substation shall be underground whenever possible.

         I.   Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar energy system shall be allowed.

         j.   Vegetation. The land that supports solar arrays shall be planted in native vegetation with a priority towards low-lying, deep-rooted plants, grasses, and flowers that have the potential to improve soil health. In addition, these plantings should support honeybees, butterflies, hummingbirds, and other pollinators whose populations are facing threats.

         k.   Proof an Agriculture Impact Mitigation Agreement (AIMA) pertaining to the construction of a commercial solar energy facility has been executed with the Illinois Department of Agriculture.

         l.   Annual review and reporting.

            (1)   The applicant, owner, and/or operator of a CSES project shall submit to the Village on the first Monday of July of each year following CSES project approval a report regarding CSES maintenance and operation. This report shall include:

               (A)   Any physical modifications to the CSES and/or its infrastructure;

               (B)   Complaints pertaining to setbacks, noise, appearance, safety, lighting, and use of any public roads, received by the applicant, owner and/or operator concerning the CSES, and the resolution of such complaints;

               (C)   Calls for emergency services, including the nature of the emergency and how it was resolved;

               (D)   A report verifying compliance with the approved vegetation plan. The report shall be completed by an expert with applicable training and knowledge to evaluate the status of the vegetation. The applicant, owners, and/or operator shall submit the name and applicable credentials of the expert to the Zoning Administrator for approval, and shall pay all costs associated with completing the evaluation and report;

               (E)   Status of liability insurance; and,

               (F)   Any other information that the Village might reasonably request.

            (2)   Within thirty days of the receipt of this annual report, the Zoning Administrator shall review the report and conduct an on-site field review of the CSES project. The Zoning Administrator shall compile a written report of the findings and within sixty days of the receipt of the report shall submit the report to the Village Board.

            (3)   The Zoning Administrator shall charge a fee for this annual review in the amount of no more than five hundred dollars per CSES project area. This fee shall be paid to the Village by the CSES applicant, owner, and/or operator at the time of annual report submission. Failure to provide the annual report and required fee shall be considered a cessation of operations.

            (4)   The applicant, owner, and/or operator of an CSES project shall provide the Zoning Administrator access to the CSES project area for the purposes described above. Failure to provide access shall be deemed a violation of this ordinance.

      4.   Certification. CSESs shall conform to applicable industry standards, including those from the UL and Federal Aviation Administration (FAA), as well as all applicable Village, county, state, and national construction and electric codes shall be followed.

      5.   Safety. All CSESs shall provide the following at all locked entrances:

         a.   A visible “High Voltage” warning sign;

         b.   Name(s) and phone number(s) for the electric utility provider;

         c.   Name(s) and phone number(s) for the site operator;

         d.   The facility’s 911 address, GPS coordinates; and,

         e.   A knox box with keys.

      6.   Petition. The petition for a Conditional Permitted Use for a CSES shall include:

         a.   A written summary of the project including:

            (1)   a general description of the project, including its approximate nameplate generating capacity;

            (2)   Number of CSES panels and nameplate generating capacity of each panel;

            (3)   Number of CSES support piers; and,

            (4)   The system height.

         b.   The name(s), address(s), and phone number(s) of the owner and/or CSES operator.

         c.   A site plan of the CSES site showing:

            (1)   Boundaries of the site;

            (2)   Approximate location of CSES panels and piers;

            (3)   All proposed CSES structures - including, but not limited to, the project substation, interconnect substation, battery energy storage system (if applicable), and location and voltage of any overhead transmission lines;

            (4)   Property lines;

            (5)   Setback lines; and,

            (6)   Location of all existing structures with their uses identified.

         d.   All other information contained in the Village Zoning Code as may be required to file a petition.

      7.   Decommissioning Plan. Prior to applying for a building permit, the CSES project owner/operator shall submit a decommissioning plan to the Zoning Administrator. The Zoning Administrator shall review the plan for completeness and refer it to the Zoning Board of Appeals. The plan shall include:

         a.   A description of the plan to remove the CSES equipment and restore the land to its previous use upon the end of the project’s life, as stated in the Ordinance granting the Conditional Permitted Use;

         b.   Provisions for the removal of structures, debris, cabling, and associated equipment on the surface and to a level of not less than five feet below the surface, and the sequence in which removal is expected to occur;

         c.   Provisions for the restoration of the soil and vegetation;

         d.   An estimate of the decommissioning costs in future dollars at the time of filing certified by a professional engineer who shall use professional standards in compliance with State of Illinois law, with all costs borne by the applicant;

         e.   A written financial plan approved to ensure that funds will be available for decommissioning and land restoration;

         f.   A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns, or heirs;

         g.   Upon review of the decommissioning plan, the Zoning Board shall recommend an amount to be held in a bond, escrow or other acceptable form of funds approved by the Village Board to the Village Board. The plan shall state that the project owner/operator shall provide the Village with financial assurance to cover the estimated costs of decommissioning of the CSES and that the Village shall have access to the project and to the funds to effect or complete decommissioning one year after cessation of operations; and,

         h.   The applicant shall provide the Village with a new estimate of the cost of decommissioning the CSES project every five years under the same conditions as set forth in this Section above. Salvage value of structures, electrical wire and other appurtenances shall be considered with in the cost estimate calculations. Upon receipt of this new estimate, the Village may require, and the applicant, owner, and/or operator of the CSES project shall provide, a new financial plan for decommissioning acceptable to the Village. Failure to provide an acceptable financial plan shall be considered a cessation of operations.

      8.   Certificate of Compliance. Before any permit is issued, the following shall be submitted to the appropriate Village officer for review:

         a.   Site plan with all items previously required in the petition. Additional items to be included are:

            (1)   All CSES structures including, but not limited to, the project solar panels, substation, interconnect substation, battery energy storage system (if applicable), and location and voltage of any overhead transmission lines;

            (2)   Ancillary equipment;

            (3)   Transmission lines;

            (4)   Wells;

            (5)   Septic fields;

            (6)   Field tile location;

            (7)   Fence plan;

            (8)   Vegetation plan;

            (9)   Landscaping screening plan;

            (10)   Existing easements;

            (11)   Floodplain location and elevation; and,

            (12)   Wetland location, if any.

         b.   Emergency plan. The site and emergency plan shall be submitted to the local fire protection district(s) and/or department(s) whose jurisdiction is included in whole or in part within the CSES project area. Any specialized training necessary will be provided at the operator’s expense.

         c.   All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this ordinance.

         d.   After an approved final inspection of all building permits, a certificate of compliance shall be issued.

   C.   Indemnification And Liability.

      1.   The applicant, owner, and/or operator of the CSES project shall defend, indemnify, and hold harmless the Village of Pawnee and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including attorney’s fees, without limitation, arising out of acts or omissions of the applicant, owner, and/or operator associated with the construction and/or operation of the CSES project.

      2.   The applicant, owner, and/or operator of the CSES project shall maintain a current general liability policy covering bodily injury and property damage with limits of at least two million dollars per occurrence and two million dollars in the aggregate. Evidence of liability coverage must be reported to the Village on an annual basis, and any loss of coverage must be reported within three working days of loss. Failure to maintain coverage shall be considered a cessation of operations.

   D.   Cessation Of Operations. If any CSES provided for in this chapter has not been in operation and producing electricity for at least two hundred and seventy consecutive days, it shall be removed. The Zoning Administrator shall notify the owner to remove the system. Within thirty days, the owner shall either submit evidence showing that the system has been operating and producing electricity or remove it. If the owner fails to or refuses to remove the solar energy system, the violation shall be referred to the Village Attorney for enforcement, with attorney’s fees and costs to be borne by the owner/operator should the Village substantially prevail in any lawsuit seeking enforcement.

   E.   Penalties.

      A failure to obtain applicable permit(s) for the construction of a CSES or failure to comply with the requirements of a permit or the provisions of this chapter shall be deemed a violation of this chapter. The Village Attorney may bring an action to enforce compliance of the requirements of this chapter by filing an action before the Sangamon Circuit Court for an injunction requiring conformance with this chapter or seek such other order as the court deems necessary to secure compliance with this chapter.

      Any person who violates this chapter shall be fined not less than two hundred and fifty dollars or more than five hundred dollars. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

      Nothing herein shall prevent the Village from seeking such other legal remedies available to prevent or remedy any violations of this chapter. (Ord. 23-07, 4-10-2023)