Paxton City Zoning Code

GENERAL PROVISIONS

§ 151.001 INTENT AND PURPOSE.

The prime tool of planning is land use control, most commonly referred to as zoning. The purposes of zoning are many, but foremost among these are:

(A) To promote and protect the public health, safety, comfort, morals and general welfare of the people;

(B) To divide the city into zones or districts, restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(C) To protect the character and the stability of the residential, business and manufacturing areas within the city, and to promote the orderly and beneficial development of such areas;

(D) To provide adequate light, air, privacy and convenience of access to property;

(E) To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air and to protect the public health;

(F) To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas;

(G) To fix reasonable standards to which buildings or structures shall conform therein;

(H) To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(I) To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

(J) To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

(K) To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

(L) To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

(M) To conserve the taxable value of land and buildings throughout the city;

(N) To provide for the elimination of non-conforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and

(O) To define and limit the powers and duties of the administrative officers and bodies as provided herein.

(Ord. 88-30, passed 8-8-88)

§ 151.002 DEFINITIONS.

Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to the use of land and buildings. The following words are defined as suggested for the purpose of clarity and understanding of this chapter.

ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the principle building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations. An ACCESSORY USE includes but is not limited to the following:

(1) A children's playhouse, garden house and private greenhouse;

(2) A garage, shed or building for domestic storage;

(3) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

(4) Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;

(5) Off-street motor vehicle parking areas, and loading and unloading facilities;

(6) Signs, as permitted and regulated in each district incorporated herein;

(7) Swimming pool, private, in residential districts for use by occupants of the residence or building and their guests;

(8) Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment.

(9) Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the main building.

ALLEY. A public way, not more than 40 feet wide, which affords only a secondary means of access to abutting property.

APARTMENT. A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit.

AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and over-all painting of vehicles.

AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.

AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including accessories and services for automobiles.

AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

BASEMENT. A story partly or wholly underground. Where more than one-half of it's height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a basement shall not be counted as a story for purposes of height measurement.

BILLBOARD. Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to announce church services or to display official court notices, or signs advertising the sale or lease of the premises on which the sign is located.

BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or a corporate boundary of the city.

BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than 12, who are not members of the keeper's family.

BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures are not considered as buildings.

BUILDING HEIGHT. The vertical distance measured from the sidewalk level of its' equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING, NON-CONFORMING. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which such building is located.

BUILDING PRINCIPLE. A building in which is conducted the main use of the zoning lot on which it is situated.

BUILDING LINE. A line within a lot or other parcel of land so designated on the plat of the proposed subdivision, between which the adjacent boundary of the street or side upon which the lot abuts the erection of an enclosed structure or portion thereof is to be prohibited.

BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the front yard requirements.

BULK. The term used to describe the size and mutual relationships of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center line of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.

CELLAR. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurements.

CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Administrator stating that the occupancy and use of land or a building or structure complies with the provisions herein.

CITY COUNCIL. Whenever the words "Council" or "City Council" are used in this chapter, they shall mean the City Council of the City of Paxton, Illinois.

CLINIC OR MEDICAL HEALTH CENTER. An establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities, such as coordinated laboratory, X-ray and allied departments, for the diagnosis and treatment of humans, which need not, but may, include a drug prescription center (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the practice of dentistry.

CLUB. An association of persons for some common purpose which is jointly supported and meets periodically, but not including groups organized primarily to render services which is customarily carried on as a business.

COMMISSION. The Plan Commission of the City of Paxton, Illinois.

COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. (Changed by Ordinance #90-38).

CROSSWALK. A strip of land dedicated to public use which is reserved across a block to provide pedestrian access to adjacent areas.

CUL-DE-SAC. A street having one open end and being permanently terminated by a vehicle turnaround.

CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.

DAY CARE CENTER. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary school age.

DISABILITY. A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current use of, nor addiction to, a controlled substance. (Changed by Ordinance #90-38).

DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boarding or lodging houses.

DWELLING UNIT. One or more rooms which are arranged, designed, or used as living quarters for a family, or for a community residence as a single housekeeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas. (Changed by Ordinance #90-38).

DWELLING, ONE-FAMILY. A building designed exclusively for use and occupancy by one family, and entirely separated from any other building by space.

DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.

DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed or altered for occupancy by three or more families living independently of each other.

DWELLING, ROW (PARTY WALL). A row of two to eight attached, one-family, party wall dwellings, not more than two and one-half stories in height.

DWELLING GROUP. Two or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.

EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.

EDUCATIONAL INSTITUTION. Public, parochial, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

FAMILY. One or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.

FAMILY COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than eight unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. (Changed by Ordinance #90-38).

GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.

GARAGE, PRIVATE. A detached accessory building or portion of the principle building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.

GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck-trailers and commercial vehicles exceeding one and one-half tons capacity.

GARAGE, BUS OR TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.

GENERAL DEVELOPMENT PLAN. Reference to "General Development Plan" shall mean the approved General Development Plan of the City of Paxton, Illinois.

GROUP COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of nine to 15 unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwellings, and which complies with the zoning regulations for the district in which the site is located. (Changed by Ordinance *90-38).

GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principle building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities, not be rented or otherwise used as a separate dwelling.

HALFWAY HOUSE. A temporary residential living arrangement for persons who are receiving therapy and counseling from support staff who are present at all times residents are present, for the following purposes:

(1) To help them recuperate from the effects of drugs or alcohol addiction;

(2) To help them re-enter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, pre-release, work-release, and probationary programs;

(3) To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence; or

(4) To provide temporary shelter for persons who are victims of domestic abuse. (Changed by Ordinance #90-38).

HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Offices, clinics, doctors' offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tea rooms, restaurants, tourist homes, animal hospitals, kennels, among others, shall not be deemed to be home occupations.

HOSPICE. A temporary residential living arrangement for persons with a disease that requires full- time support, therapy and/or treatment. (Changed by Ordinance #90-38).

HOSPITAL OR SANITARIUM. An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

HOTEL, APARTMENT. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.

HOTEL, MOTEL, INN OR AUTO COURT. An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests, with no provision in said accommodations for cooking in any individual room or suite. Facilities provided may include maid service, laundering of linen used on the premises, telephone, and secretarial or desk service.

HOUSEHOLDER. The occupant of a dwelling unit who is either the owner or lessee thereof.

JUNK YARD. Open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

KENNEL, COMMERCIAL. Any lot or premises on which two or more domestic animals, at least four months of age, are kept for compensation or kept or bred for sale.

LABORATORY, COMMERCIAL. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.

LINE OF BUILDING. (For measuring yards.) A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.

LOADING AND UNLOADING SPACE, OFF-STREET. An open hard surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width, 25 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

LODGING OR ROOMING HOUSE. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.

LOT. The word LOT when used alone shall mean a ZONING LOT unless the use of the word clearly indicates otherwise.

LOT COVERAGE. The area of a zoning lot occupied by the principle building or buildings and accessory buildings.

LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.

LOT, INTERIOR. A lot other than a corner or reversed corner lot.

LOT LINE, REAR. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

LOT, THROUGH OR LOT, DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.

LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

MOBILE HOME/TRAILER. A vehicle with or without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place.

MANUFACTURE. The making of anything by any agency or process.

MARGINAL ACCESS STREET. A minor street which is parallel to and adjacent to primary streets and highways and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the primary streets.

MINOR STREET. A street intended primarily as access to abutting properties.

MOTOR FREIGHT TERMINAL. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intra-state and interstate shipment by motor truck.

NON-CONFORMING USE. Any use of land, buildings or structures which does not comply with the regulations herein.

NURSING HOME OR REST HOME. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

NURSERY SCHOOL. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary school age.

OFFICIAL MAP. Reference to OFFICIAL MAP shall mean the approved Official Map of the City of Paxton, Illinois.

PARKING AREA, PRIVATE. An open, hard-surfaced area of land, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 200 square feet (10 x 20 feet), exclusive of access aisles or drives, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one-half ton capacity.

PARKWAY. A route intended to be used primarily by passenger vehicles and whose right-of-way is or is intended to be developed in a park-like character.

PLANNED DEVELOPMENT. A tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings, and which is at least four acres in area - except for planned developments operated by a municipal corporation which shall be at least two acres in area, and manufacturing planned developments, which shall be at least ten acres in area.

PLAT. A plan, map, drawing or chart on which the subdivider's plan of the subdivision is presented and which he or she submits for approval and intends to record in final form.

PLAT, FINAL. The drawings and documents presented for final approval and as described in §§ 151.130 through 151.146.

PLAT, PRELIMINARY. (General plan). The drawings and documents presented for conditional approval and as described in §§ 151.130 through 151.146.

PORCH. An open or enclosed room or veranda which is roofed and which projects out from the wall or walls of a main structure.

PRIMARY OR MAJOR STREET. A street of considerable continuity which serves or is intended to serve as a major traffic artery connecting large areas.

PROTECTIVE SCREEN PLANTING. A planting of trees, shrubs and/or evergreens bordering an area intended to reduce and/or eliminate the nuisance of sound and sight from adjoining uses.

PUBLIC IMPROVEMENT. Any improvement for the benefit of the public, financed and executed by any interest, public or private.

PUBLIC STREET. All primary, secondary and minor streets which are shown on the subdivision plat and are to be dedicated for public use.

ROADWAY. The paved area for vehicular traffic existing on a street right-of-way and not the street right-of-way width.

RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or watertowers.

SECONDARY OR COLLECTOR STREET. A street which carries traffic from minor streets to the primary street system, including the principal entrance streets of residence development and streets for circulation within such development.

SIGN, OUTDOOR ADVERTISING. A sign of any material and character whatsoever which is for outdoor advertising purposes, placed on the ground or on any natural or man-made object. The term placed as used in the definition of OUTDOOR ADVERTISING SIGN shall include erecting, constructing, painting, printing and affixing or making visible in any manner whatsoever.

STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

STREET. A street is an area which serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets.

STREET LINE. A line separating an abutting lot, piece or parcel from a street.

STREET WIDTH. The shortest distance between lines of lots delineating the public street.

STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.

STRUCTURAL ALTERATIONS. Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

SUBDIVIDER. The person or persons, group or corporation acting as a unit, or any agent thereof, responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this chapter.

SUBDIVISION. The division of land into two or more parts, any of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, ways for public service facilities, parks, play-grounds, school grounds or other public grounds, and all the tracts, parcels, lots or blocks, and numbering of all such lots, blocks or parcels by progressive numbers, giving their precise dimensions; provided, however, that the following shall not be considered a subdivision and shall be exempt from the requirements herein.

(1) The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;

(2) The division of lots of blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;

(3) The sale or exchange of parcels of land between owners of adjoining and contiguous land;

(4) The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access;

(5) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.

TRAILER/MOBILE HOME. A structure with or without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term TRAILER includes CAMP CAR, TRAILER COACH, HOUSE- TRAILER, MOBILE HOME, and HOUSE CAR.

TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used trailers, and where no repair work is done except for minor incidental repair of trailers to be displayed and sold on the premises.

TRAILER OR MOBILE HOME CAMP OR PARK. Any premises occupied or designed to accommodate one or more families living in a house trailer or mobile home, or the parking of one or more trailers for business or storage purposes.

TRAILER HOUSE, OR MOBILE HOME. See TRAILER/MOBILE HOME.

TRUCK PARKING AREA, OR YARD. Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading, and which exceeds one and one–half tons in capacity.

WECS TOWER. The support structure to which the nacelle and rotor are attached which is part of wind energy conversion systems.

WIND ENERGY CONVERSION SYSTEM (WECS). All necessary facilities that together convert wind energy into electricity and deliver that electricity to a utility's transmission lines, including, but not limited to, the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, electrical cabling from the WECS tower to the substations(s)/switchyard(s), communications facilities, transmission lines, poles, and/or towers, operations and maintenance building, and other related devices, facilities, and equipment.

YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from it's lowest level upward, except as otherwise permitted herein and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

YARD, FRONT. A yard extending across the full width of the zoning lot and lying between the front line of the lot and the nearest line of the building.

YARD, REAR. That part of the yard lying between the nearest line of the principal building and side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

YARD, SIDE. That part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

ZONING LOT. A plot of ground made up of one or more parcels which is or may be occupied by a use, building or buildings, including the open spaces required herein.

(Ord. 88-30, passed 8-8-88 ; Am. Ord. 09-07, passed 1-19-09 )

§ 151.003 INTERPRETATION.

(A) Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(B) Relationship with other laws. Where the conditions imposed by any provision or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation (or which impose higher standards or requirements) shall govern.

(C) Effect on existing agreements. The regulations herein are not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations herein are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements herein shall govern.

(Ord. 88-30, passed 8-8-88)

§ 151.004 LOT COVERAGE.

Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:

(A) In all yards.

(1) Open terraces. Not over four feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch.

(2) Awnings and canopies.

(3) Steps. Four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

(4) Chimneys. Projecting 18 inches or less into the yard.

(5) Recreational and laundry drying equipment.

(6) Arbors, trellises and flag poles.

(B) In front yards.

(1) One-story bay windows. Projecting three feet or less into the yard.

(2) Overhanging eaves and gutters. Projecting three feet or less into the yard.

(3) Gasoline pumps and other necessary equipment. In connection with an automobile service station.

(4) Signs. As permitted or required.

(1) Enclosed, attached or detached off-street parking spaces.

(2) Open off-street parking spaces.

(3) Accessory sheds.

(4) Tool rooms and similar buildings or structures for domestic or agriculture storage.

(5) Balconies, breezeways and open porches.

(6) One-story bay windows. Projecting three feet or less into the yard.

(7) Overhanging eaves and gutters. Projecting three feet or less into the yard.

NOTE: In any residential district, no accessory building shall be nearer than five feet to the side or rear lot line or ten feet to any principle building unless attached.

(D) In side yards. Overhanging eaves and gutters. Projecting three feet or less into the yard.

NOTE: In any residential district, no accessory building shall be nearer than five feet to the side lot line or ten feet to any principle building unless attached.

(E) Vision clearance - corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

(1) In any residential district, exceeding a height of three feet above the street grade within 15 feet of the intersecting street lines bordering corner lots; and

(2) In any business or manufacturing district, within eight feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building or sign above the first floor.

(Ord. 88-30, passed 8-8-88; Am. Ord. 04-07, passed 3-8-04)

§ 151.005 LOT AREA AND DIMENSION.

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which it is located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

(Ord. 88-30, passed 8-8-88)

§ 151.006 ACCESS TO A PUBLIC STREET.

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, unless a permanent easement of access to a public street was of record prior to the adoption of the zoning ordinance.

(Ord. 88-30, passed 8-8-88)

§ 151.007 NUMBER OF BUILDINGS ON A ZONING LOT.

Except in the case of planned developments, not more than one principle detached residential building shall be located on a residentially zoned lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Ord. 88-30, passed 8-8-88)

§ 151.008 REZONING OF PUBLIC AND SEMI-PUBLIC AREAS.

An area indicated on the zoning map as a public park, recreational area, public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be rezoned to the most restricted adjoining district with no further action required by the owner. An application may be filed for rezoning following standard filing procedures.

(Ord. 88-30, passed 8-8-88)

§ 151.009 ACCESSORY BUILDINGS.

(A) General regulations. The uses permitted in the various zoning districts are principal uses, and a building, structure or use that is accessory to a permitted use is allowable in connection with such a use provided it shall meet the requirements of this section.

(1) Accessory buildings, structures and uses shall be compatible with the principal uses.

(2) Accessory buildings and structures shall not be established prior to the establishment of the principal use; however, this shall not prohibit the construction of a temporary structure prior to construction provided the following rules are followed:

(a) A temporary structure shall only be allowed in conjunction with the issuance of a building permit.

(b) The temporary structure shall be removed upon completion of the original building project.

(3) Accessory buildings may not be used for dwelling purposes.

(4) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the main building.

(5) All accessory buildings, structures and uses must conform to such other regulations that apply, including city adopted building code regulations.

(a) A detached accessory building shall not be located within ten feet of the main building. Accessory buildings in existence prior to the date of adoption of this chapter are permitted to remain as legal nonconforming structures.

(b) A detached accessory building shall not be closer than five feet to the rear lot line and shall not be closer than five feet from the side lot line.

(d) In no case shall a detached accessory building be located in a utility easement.

(C) Percentage of required rear yard occupied. No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.

(D) Height of accessory buildings. The maximum height of an accessory building shall be limited to 18 feet. Accessory buildings greater than 18 feet in height may be constructed only after issuance of a variance.

(E) On reversed corner lots. On a reversed comer lot in a residential district, and within 15 feet of an adjacent property to the rear in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60% of the least depth which would be required under this chapter for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within ten feet of any part of a rear lot line which coincides with a side lot line or portion thereof in a residential district.

(Ord. 88-30, passed 8-8-88; Am. Ord. 20-23, passed 9-8-20) Penalty, see § 151.999

§ 151.010 EXISTING SPECIAL USES.

When a use is classified as a "special use" under this Zoning Code and exists as a permitted use at the date of adoption of this Zoning Code, it shall be considered a legal use, without further action of the City Council, the Building Administrator, the Board of Appeals, or the Plan Commission.

(Ord. 88-30, passed 8-8-88)

§ 151.011 USES NOT SPECIFICALLY PERMITTED IN DISTRICTS.

When a use is not specifically listed in the appendices listing the "permitted uses" it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Board of Appeals it is determined that said use is similar to and not more objectionable than the uses listed.

(Ord. 88-30, passed 8-8-88)

§ 151.012 FENCES.

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

(1) AREA FENCE. A fence that is located more than six inches from a property line.

(2) FENCE. A non-living structure forming a barrier which is not otherwise a part of any building or structure used to delineate a boundary or as a means of confinement or for privacy.

(3) FENCE, OPEN. A fence having a regular pattern of which more then 80% of the surface will permit the unobstructed passage of light and air when viewed perpendicular to the plane of the fence.

(4) FENCE, PERIMETER. A fence that is located on or within six inches of the property line.

(5) FENCE, SEMI-OPEN. A fence having a regular pattern of which between 80% and 30% of the surface is unobstructed to both light and air when viewed perpendicular to the plane of the fence.

(6) FENCE, SOLID. A fence having a regular pattern that has less than 30% of the surface which is open and unobstructed to both light and air when viewed perpendicular to the plane of the fence.

(7) MEASUREMENT. A fence shall be measured along a typical unit of fencing. A typical unit of fencing is defined as the portion of a fence located between and including two vertical posts or other members which support the unit of a fence.

(8) SECURITY FENCE. A fence with barbed wire or similar security devices.

(9) SNOW FENCE. Portable, temporary fencing typically consisting of thin, closely placed wooden pickets or plastic material, used to prevent the drifting of snow over roads, fields, yards and sidewalks.

(B) General provisions.

(1) Fences may be erected along property lines.

(2) Fences built on or within a public easement may be removed by the city or at the direction of the city at the owner's expense in the event repairs, maintenance, replacements or improvements are deemed necessary by the city in such easements.

(3) Fences shall not obstruct any watercourse.

(4) Fence height shall be measured from the ground at a point directly beneath the fence. Where the ground at a point directly beneath the fence has been increased in elevation from its original elevation at the time of subdivision development through berming, retaining walls, fill or other measures and where such increased ground elevation has resulted in an increase in ground elevation above an adjoining lot the height of the fence shall be measured from the original ground elevation before installation of berming, retaining walls, fill or other measures as determined by the City Council. The City Council shall consult U.S. Geological Survey contour maps, city base map contours, recorded subdivision plat information and other available information in making such a determination.

(5) Every fence shall be designed and constructed to resist and withstand a wind pressure from any angle of approach of not less than 20 pounds per square foot of the gross projected area of fence, less openings. At least one-third of the fence post must be in the ground to resist wind. All posts, anchors and bracings of wood or other organic materials shall be treated to protect them from deteriorating when they rest upon or enter into the ground. All fences shall be maintained in good condition and shall not create a harborage for rodents. Fences that are leaning in such a manner that an angle 15 degrees or greater is produced when measured from the vertical are dangerous and shall be unlawful. Any fence that is to be painted, shall be painted with a non-lead based paint.

(6) Every perimeter fence shall include a minimum of one gate or entry way in the rear yard or either side yard.

(7) All fences shall be maintained in a safe, sanitary, nonhazardous manner and kept in good structural repair, free of deterioration, including, but not limited to: loose or missing slats or posts; peeling, scaling or deteriorated paint; crumbling brick, stone and mortar; and rust and other signs of decay. All fences shall be firmly anchored in the ground with all posts on the inside of the fence. Wooden elements or other elements subject to deterioration from weathering shall be maintained with nonhazardous chemicals or paint to preserve the element and retard deterioration.

(1) Electric fences prohibited. It shall be unlawful for any person to erect, install or maintain any electrically-charged fence within the limits of the city.

(2) Operation of electrical fences prohibited. It shall be unlawful for any person to operate any electrically charged fence within the limits of the city.

(3) Barbed wire. It shall be unlawful for any person to erect or maintain a fence equipped with barbed wired, razor wire, iron spikes or any similar or other sharp or sharp pointed material. However, this division shall not prohibit the use of such material when:

(a) Located in business or manufacturing zoning districts, or for government use;

(b) Used to provide security for a bona fide business operation; and,

(c) Approved by the City Council, after review of the documentation indicating the need for security and bona fide operation of a business; provided no more than two feet of such barbed wire or other such similar device is securely affixed to the top of and above a soundly constructed fence or structural barrier which is at least six feet in height. Further, regardless of the zoning district, barbed wire, razor wire, iron spikes, or other sharp-pointed material meeting the aforementioned height standards may be used for security around hazardous equipment or installations, such as, but not limited to, high voltage equipment, electrical transformers or volatile fuel installations.

(4) Snow fences. The use of snow fences on private property is prohibited during the period commencing March 15th thru November 14th of each year. This division shall not be construed to prohibit temporary fencing as required during construction projects; or as needed by the Park District, the city or other governmental agencies.

(D) Height.

(1) Rear and side yard (non-corner lots). Except as provided in division (C) of this section, no person shall place, install, construct or maintain any fence on a lot or area to a height greater than six feet and of open or semi-open or solid construction above the original grade, between the rear lot line and a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and along the rear lot line.

(2) Front yard (non-corner lots):

(a) Fences of not more than five feet in height and of open construction may be erected between a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and the front property line. Fences of not more than five feet and of open construction may be erected on the front property line.

(b) Fences in the front yard shall maintain a 15 foot visibility triangle of which two legs shall be measured as follows: along both sides of the driveway inward from the front property line a distance of 15 feet from the intersection of the front property line and the driveway; and along the right- of-way measured in the direction away from the driveway a distance of 15 feet. The third leg of such triangle shall be the connection of such two previously described lines. This area as defined shall be free from any fence creating a visual obstruction for traffic on street or sidewalk. This visibility triangle shall be maintained on properties adjacent to the lot on which the driveway is located for that part of the adjacent property on which the visibility triangle applies.

(3) Corner lots.

(a) For corner lots, fences in the front yard and side yard adjacent to the side street shall be not more than five feet in height and of open construction.

(b) Fences in the rear yard and side yard between a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and the rear property line which are not adjacent to a street shall be not more than six feet and of open or semi-open or solid construction. Fences between a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and the front property line shall be not more than five feet in height and of open construction.

(c) A 30 foot visibility triangle shall be maintained at street intersections. This "visibility triangle" is defined as an isosceles triangle of which two legs shall be measured as follows: along the street curb/edge in both directions from the intersection a distance of 30 feet. The third leg of such triangle shall be the connection of said two previously described lines. No fence shall be installed or maintained in this defined area.

(d) A 30 foot visibility triangle shall be maintained at the intersection of a street with an alley right-of-way (both improved and unimproved alley rights-of-way). This "visibility triangle" is defined as an isosceles triangle which shall be measured as follows: one leg along the street curb/edge 30 feet away from the intersection; a second leg along the alley right-of-way 30 feet away from the intersection; and the third leg of such triangle shall be the connection of said two previously described lines. No fence shall be installed or maintained in this defined area.

(E) Noncompliance. Any fence lawfully existing on March 8, 2004, which is not in compliance with this section, may continue to lawfully exist, and normal repairs to such fences are permissible which such repairs do not constitute a total fence replacement.

(Ord. 04-07, passed 3-8-04) Penalty, see § 151.999

§ 151.013 PERMISSION TO USE DOWNTOWN SIDEWALKS FOR RETAIL PURPOSES.

This section shall govern the permissible use of the public sidewalks adjacent to Market Street between Holmes Street and Orleans Street in the city by occupants of retail establishments ("occupant") along said portion of Market Street.

(A) Permissible enforcement. An occupant may use an area on Market Street directly in front of their establishment to display items of merchandise currently for sale within said establishment.

(B) Boundaries of the permissible encroachment.

(1) The area an occupant may use shall not extend more than three feet perpendicular from the storefront.

(2) The above described area shall be limited by the following. The display of merchandise shall allow for a minimum of five feet of clearance between any permanent or semi-permanent structures, including but not limited to, street lights and flower pots/planters.

(1) An occupant must remove the display of merchandise and any and all other encroachments at the close of business each day or 7:00 p.m., whichever is earlier, subject to the following.

(2) An occupant may leave out overnight, one bench. Said bench shall not extend more than two feet perpendicular from the storefront and be within the permissible area as set forth above. Said bench shall not be primarily used as a platform to display merchandise.

(D) Violation. Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this section, shall be subject to the penalty provisions provided by § 151.999.

(Ord. 13-17, passed 6-10-13)

§ 151.015 STANDARDS FOR SOLAR ENERGY SYSTEMS.

(A) Definitions. As used in this section:

ACTIVE SOLAR ENERGY SYSTEM. A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS. An active 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.

GRID-INTERTIE SOLAR ENERGY SYSTEM. A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

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

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. An active solar energy system that converts solar energy directly into electricity.

POLLINATOR PLANTS. Pollinator plants shall be those plants designated on the United States Department of Agriculture Natural Resources Conservation Service pollinator plane list.

RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT. An easement that limits the height or location, or both, of permissible development on the burdened land of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.

ROOF MOUNT. A solar energy system that is mounted on a rack that is fastened onto a building roof.

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 COLLECTOR. An assembly, structure, and the associated equipment and housing, designed for gathering, concentrating, or absorbing direct and indirect solar energy for which the primary purpose is to convert or transform solar radiant energy into thermal, mechanical, chemical or electrical energy.

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

SOLAR ENERGY SYSTEM (SES). All components required to become a complete assembly for structure that will convert solar energy into electricity for use.

SOLAR ENERGY SYSTEM ADDITION. A private solar energy system which is structurally attached to a building or structure on a zoning lot on which said system is located. Said system shall be considered part of the building and shall comply with all provisions of this section pertaining thereto.

SOLAR ENERGY SYSTEM, PRIVATE. A collection of one (1) or more solar collectors designed for use by the occupant(s) of the zoning lot on which said system is located; excess power generation is limited to net metering or similar technology with regulations set by the local power utility, community, county, and state. Private solar energy system equipment shall conform to applicable industry standards, and applicants for building permits for private solar energy systems shall submit certificates from equipment manufactures that the equipment is manufactured in compliance with industry standards.

SOLAR FARM. A commercial facility either more than 20 acres in size or more than two megawatts a/c in capacity that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.

SOLAR GARDEN. A commercial solar-electric (photovoltaic) array, of no more than 20 acres in size and two megawatts or less a/c in capacity, that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system. A county solar garden may be either an accessory use, when a part of existing or a proposed subdivision or a special use if it is a stand-alone garden.

SOLAR HEAT EXCHANGER. A component of a solar energy device that is used to transfer heat from one substance to another, either liquor or [text missing].

SOLAR HOT AIR SYSTEM. An active solar energy system (also referred to as solar air heat or solar furnace) that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air.

SOLAR HOT WATER SYSTEM. A system (also referred to as solar thermal) that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and 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 STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.

(B) Building permit requirements and fees.

(1) All solar energy systems (SES) will be required to have a city building permit before any work can be started. A written plan and a plat/drawing for the proposed solar energy system shall be provided with the building permit application. The plat/drawing must show the location of the system on the building or on the property, (for a ground-mount system show arrangement of panels), with all property lines and set back footages indicated. Fees for processing the applications for building permits shall be submitted to and collected by the City of Paxton as follows:

- 0-2 kilowatts (kW) No Fee With Permit

- 3-10 kilowatts (kW) $50.00 Fee With Permit

- 11 - 100 kilowatts (kW) $100.00 Fee With Permit

- 101 - kilowatts (kW) $200.00 Fee With Permit

(2) Any SES that construction has started before a building permit has been applied and paid for will be charged double the permit fee.

(1) Set back requirements for all solar energy systems (SES) shall meet the structure minimum set back requirements when the SES is oriented at any and all positions.

(2) No solar energy system shall be allowed to be placed in the front yard of any residentially used or zoned property and such systems shall be subject to a five foot rear yard setback and an 18 inch side yard setback. Such ground mounted systems shall not exceed 12 feet in height.

(3) Roof mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted.

(4) In any manufacturing districts or agricultural districts:

(a) Ground mounted solar systems over ten kilowatts shall be subject to a minimum 15 foot set back line measured from the edge of the solar panels.

(b) Solar farms, and/or solar gardens shall be subject to a 250 foot setback from any properties having a residential zoning or residential use.

(D) Height requirements.

(1) Building or roof mounted solar energy systems shall not exceed the maximum allowed height in any zoning district, of the city of zoning ordinance, except that roof mounted solar energy systems installed in residential zones and business district zones shall not exceed four feet above a flat roof and shall not exceed two feet above a sloped roof. For the purposes of this section, a flat roof shall be one that is sloped five degrees or less and a sloped roof shall be one that is sloped more than five degrees.

(2) In business, agricultural and manufacturing districts roof mounted SES may not exceed six feet above the peak or highest point of the roof.

(E) Other requirements.

(1) Upon request from the city building inspector, an owner of a commercial solar energy system must provide documentation, within 30 days, that the solar energy system is still in use. If it is not, the owner of the system will have 180 days, after notification from the Zoning Department, to remove.

(2) Upon request from the city building inspector, the owner or operator of a solar farm or a solar garden must submit, within 14 days, a current operation and maintenance report to the Department.

(3) For any ground mounted solar system in excess of ten kilowatt, a six foot security fence with lockable gate(s) shall be installed around the entire perimeter, otherwise, no fencing is required. Any fence shall contain appropriate warning signage that is posted such that is clearly visible on the site.

(4) Any lighting for solar farms/gardens shall be installed for security and safety purposes only. Except for lighting that is required by the FCC or FAA, all lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.

(5) Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.

(6) Electric solar energy system components must have a UL listing and must be designed with anti-reflective coating(s).

(7) Solar energy systems must be in compliance with all State of Illinois Building, Electric, Plumbing and Energy Codes.

(8) Pollinator plants customarily utilized in the region shall be planted and properly maintained in all areas where practicable for the installation of solar gardens and solar farms.

(F) Design standards. Active solar energy systems shall be designed to conform to the county comprehensive plan and to blend into the architecture of the building or may be required to be screened from routine view from public right-of-ways other than alleys. Screening may be required to the extent it does not affect the operation of the system. The color of the solar collector is not required to be consistent with other roofing materials.

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

(2) Solar energy systems with mounting devices. Solar energy systems using roof mounting devices or ground-mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way or immediately adjacent to a residential structure.

(3) Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit glare.

(4) Aviation protection. For solar units located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports.

(G) Obligated airports, or most recent version adopted by the FAA.

(1) Coverage. Roof or building mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the south-facing or flat roof upon which the panels are mounted. Ground-mount private solar energy systems shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious.

(2) Plan approval required. All solar energy systems shall require administrative plan approval by the city building inspector via the review of the application for a building permit.

(a) Plan applications. Plan applications for solar energy systems shall be accompanied by horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.

1. Pitched roof mounted solar energy systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

2. Flat roof mounted solar energy systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.

(b) Plan approvals. Applications that meet the design requirements of this section, and do not require an administrative variance, shall be granted administrative approval by the Director of Community Development and shall not require Planning and Zoning Committee review. Plan approval does not indicate compliance with Building Code or Electric Code.

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

(I) Compliance with Building Code. All active solar energy systems shall meet approval of county building code officials, consistent with the State of Illinois Building Code and solar thermal system shall comply with HVAC-related requirements of the Energy Code. Any county adopted building codes will apply and take precedence where applicable.

(J) Compliance with State Electric Code. All photovoltaic systems shall comply with the Illinois State Electric Code.

(K) Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Illinois State Plumbing Code requirements.

(L) Compliance with State Energy Code. All photovoltaic systems and solar thermal systems shall comply with the Illinois State Energy Code.

(M) Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(N) Principal uses. Ford County encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the zoning lot or lots are special uses in selected districts.

(O) Rooftop gardens permitted. Rooftop community systems are permitted in all zoning districts where buildings are permitted.

(P) Ground-mount gardens. Ground-mount community solar energy gardens must be less than 20 acres in total size. Ground-mount solar developments covering more than 20 acres shall be considered solar farms.

(Q) Stormwater solar gardens are subject to the city's stormwater management regulations, erosion and sediment control provisions.

(R) Interconnection. An interconnection agreement must be completed with the electric utility in whose service territory the system is located prior to construction.

(S) Aviation protection. For solar gardens located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(T) Other standards.

(1) Ground-mount systems must comply with all required standards for structures in the district in which the system is located. All solar gardens shall also be in compliance with all applicable local, state and federal regulatory codes, including the State of Illinois Uniform Building Code, as amended; and the National Electric Code, as amended. Also, Health Department requirements for wells and septic systems must be met.

(2) For solar farms. Ground-mount solar energy systems that are the primary use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards:

(a) Special use permit. Solar farms are special uses in the agricultural district.

(b) Stormwater. Solar farms are subject to the city's stormwater management regulations, erosion and sediment control provisions.

(c) Ground cover and buffer areas. Top soils shall not be removed during development, unless part of a remediation effort. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage run off and build soil. The city has a noxious weed ordinance which is to be followed subject to the allowance of the planting of pollinator plants as otherwise provided under this section. Due to potential liability under the Illinois Endangered Species Protection Act (520 ILCS 10/11(b)) it is required that any crops planted be in compliance with all federal and state laws protecting endangered species. This will also include pollinators such as bees.

(d) Foundations. A qualified engineer shall certify that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions.

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

(f) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the City Superintendent in consultation with the Mayor.

In addition, the Illinois Department of Agriculture (IDOA) has established standards and policies in the Agricultural Impact Mitigation Agreements (AIMA) regarding the construction or burial of electric transmission lines which should be agreed to and adhered to between the landowner and the developer.

(g) Site plan required. A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, farm tile, electric equipment, fencing, and screening materials and all other characteristics requested by the city. The site plan should also show all zoning districts, and overlay districts. The city will retain the authority to suspend any requirement for any studies or plans for purposes of permit approval so long as such studies and/or plans are completed and approved by time of construction.

(h) Aviation protection. For approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(U) Liability insurance and indemnification.

(1) For solar farms and solar gardens, commencing with the issuance of building permits, the applicant, owner, or operator shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $3,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance may be provided pursuant to a plan of self-insurance, by a party with a net worth of $20,000,000 or more. The city shall be named as an individual insured on the policy to the extent the city is entitled to indemnification.

(2) For private/individual SES(s), commencing with the issuance of building permits, the applicant or owner shall maintain a current liability policy covering bodily injuries and any damage that may occur, on their home owner's policy or other applicable policy as approved by the Director of Community Development.

(3) Any SES(s), applicant, owner, or operator, whether individual or commercial, shall defend, indemnify, and hold harmless the county and its officials, employees, and agents (collectively and individually, the "Indemnified Parties") from and against any and all claims, demands, losses, suits, causes of actions, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorney's fees, except to the extent arising in whole or part out of negligence or intentional acts of such indemnified parties (such liabilities together known as "liability") arising out of applicant, owner, or operators selection, construction, operation, and removal of the SES(S) and affiliated equipment including, without limitation, liability for property damage or personal injury (including death), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence). This general indemnification shall not be construed as limited or qualifying the county's other indemnification rights available under the law.

(V) Decommissioning.

(1) A decommissioning plan shall be required to be submitted when applying for all solar farms and solar gardens, to ensure that facilities are properly removed after their useful life.

(2) Decommissioning of solar panels must occur in the event they are not in use for 180 consecutive days.

(3) The owner or operator will have six months to complete the decommissioning plan after operation of a solar farm or solar garden stops operations.

(4) The decommissioning plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site.

(5) The city may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure the proper decommissioning. The posting of a bond may be required prior to the issuance of a building permit for the facility.

(6) In the event that the State of Illinois enacts a law with regards to the decommissioning of a solar farm, the strictest requirements shall prevail.

(7) Failure by an owner or operator to comply with this section shall entitle the city to issue a notice of noncompliance giving the owner or operator 45 days from date of issuance to comply with this section prior to the city taking further action. Such notice shall be deemed effective when mailed by first class mail to the billing address for real estate taxes or the last known business address of the owner or operator and when posted at an entryway of the premises. Failure by the city to properly and/or timely issue such notice shall not limit the city's ability to enforce this section and shall not release the owner or operator from its obligation to comply with this section.

(Ord. 19-O-18, passed 10-8-19)