3.1.a. Number of Buildings on a Zoning Lot. Not more than one principal building shall be located on a zoning lot, nor shall a principal building be located on the same zoning lot with any other principal building, except in the case of planned unit developments, multiple multi-family buildings for multi-family developments, row or town houses, in N1 Institutional District Official Development Plans, and in all commercial, industrial, and office district[s] subject to all other applicable sections of this ordinance.

3.1.b. Division of Zoning Lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all applicable bulk regulations of the zoning district in which the property is located.

3.1.c. Minimum Lot Size. Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of this ordinance shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. In any residence district, on a lot of record on the effective date of this ordinance, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this ordinance and the City Code are complied with; however, where two (2) or more continuous substandard recorded and undeveloped lots are in common ownership and are of such size as to constitute at least one conforming "zoning lot," such lots or portions thereof shall be so joined, developed, and used for the purpose of forming an effective and conforming zoning lot or lots. Such contiguous substandard lots in common ownership shall be considered as being maintained in common ownership after the effective date of this ordinance for zoning purposes. In no case shall a lot created illegally be considered a lot of record.

3.1.d. Existing Uses with Approval and Special Exceptions. Where a use has been classified by this ordinance as a use with approval or special exception under this ordinance and granted as such a use before or at the date of the adoption of this ordinance it shall be considered to be a legal use with approval or special exception. Uses with approval or special exceptions that (1) include conditions requiring some type of review or action by the Zoning Commission, or (2) are subject to a request for amendments will have the same requirements as outlined in section 2.15.

3.1.e. Permitted Obstruction in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:

(1)

In All Yards. Open terraces not over three (3) feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four (4) 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; chimneys projecting two (2) feet or less into the yard; approved free-standing signs; arbors and trellises; flagpoles; window unit air conditioners projecting not more than 24 inches into the required yard, "outside elements of central air conditioning units projecting not more than two (2) feet into required yard"; retaining walls: and fences subject to applicable height restrictions of section 3.2.f.; wheelchair ramps subject to administrative approval, section 3.2.e.(3)(j).

(2)

In Front Yards. One-story bay windows projecting two (2) feet or less into the yards; and overhanging eaves and gutters projecting two (2) feet or less into the yard.

(3)

In Rear Yards. Open off-street parking spaces; balconies; recreational and laundry drying equipment; fallout shelters; breezeways and open porches; one-story bay windows projecting two (2) feet or less into the yard; and overhanging eaves and gutters projecting two (2) feet or less into the yard. The parking space requirements contained in section 3.2.f. shall apply.

(4)

In Side Yards. Overhanging eaves and gutters projecting two (2) feet or less into the yard. Permitted obstructions shall not, in the aggregate, occupy more than 50 percent of the width of any required yard.

3.1.f. General Requirements.

(1)

Permitted Uses. Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. No buildings or zoning lot shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

(a)

Uses lawfully established on the effective date of this ordinance; and

(b)

Special uses allowed in accordance with the provisions of section 3.1.f.(2), hereunder.

Uses already established on the effective date of this ordinance, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of Article 5, Nonconforming Buildings, Structures and Uses.

(2)

Special Uses. Special uses as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of zoning certificates in accordance with the provisions of section 2.15[2.9].

(3)

Interpretation of Use Lists. The Zoning Administrator may allow land uses (permitted or special) which, though not contained by name in a zoning district list of permitted or special uses, are deemed to be clearly similar in nature, impact and character to listed uses.

(4)

Lot Size Requirements. Lot size requirements shall be as set forth under each zoning district and:

(a)

No use shall be established or hereafter maintained on a lot recorded after the effective date of this ordinance which is of less area than prescribed hereinafter for such use in the zoning district in which it is to be located.

(b)

No existing lot, building or dwelling shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such lot is located.

(5)

Yard Requirements.

(a)

Yard requirements shall be set forth under each zoning district for all buildings, structures, and uses, except as may be established by the City Council and reflected on the zoning map.

(b)

All required yards shall be unobstructed from the ground level to the sky, except as allowed in Section 3.1.e. All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal buildings.

(c)

When there is a conflict between the district minimum yard requirements and the transitional buffer yard requirements, the yard requirement requiring the greater area of yard shall apply.

(6)

Building Height and Floor Area Ratio. The requirements established under each zoning district shall determine the maximum building height and floor area allowable for the building or buildings.

(7)

Outdoor Storage. Outdoor storage shall be prohibited on lots within all zoning districts, unless otherwise specified.

(8)

Signs. Signs shall be allowed in each zoning district only in accordance with the regulations established in Article 17 of this ordinance.

(9)

Off-Street Parking and Loading. Off-street parking and loading facilities, accessory to uses allowed in applicable zoning districts, shall be provided in accordance with the regulations established in Article 15 of this ordinance.

(10)

Landscaping and Screening. Landscaping and screening shall be provided in accordance with the regulations established in Article 16 of this Ordinance.

(11)

Setback Regulations. No lot area lying between the building setback line and the corresponding street property line shall be used for storage of materials or equipment nor shall any hedge, tree or ornamental shrubbery be permitted in this area that will be an obstruction to the view at street intersections and no building, structure, sign, concrete masonry wall, no fence which cannot be viewed through, or other improvement shall be erected or structurally altered so that any part thereof is nearer to the established center line of the following roads and streets than the distances prescribed hereinafter:

State and county designated highways and primary thoroughfares as indicated on the official thoroughfare map of the City of Peoria: all buildings one hundred (100) feet from the centerline or twenty-five (25) feet from the right-of-way, whichever may be greater. The Zoning Administrator may reduce this requirement if a lesser setback has already been established in the immediate area, but in no event can he/she reduce the setback to less than the normal yard requirements specified in the pertinent zoning district. Any such reduction must be accompanied by a written agreement wherein the owner of the property and his/her heirs or assigns agree to remove the structure at his/her expense and to hold the City of Peoria harmless from any expense or liability arising out of the removal or relocation of the structure if the full setback requirement or a portion thereof is needed for public improvement. Upon proper petition by the owner of property affected by the above requirements, the City Council, by majority vote, upon recommendation of the Site Plan Review Board and appropriate state or county officials, may waive the signing of the above statement. Said petition shall show that a strict application of the terms of said agreement will impose a demonstrable hardship upon the petitioner, and that it is more likely than not that the full setback requirement stated above will not be required by the city, county or state at a future date. In no event shall the City Council reduce the setback to less that [than] the normal requirements specified in the pertinent zoning district.

(12)

Traffic Generation Managed. Any allowable use or use authorized by the Zoning Administrator which meets the following conditions shall be required to submit a traffic impact analysis:

(a)

Any use in which the total floor area or outdoor retail sales lot area exceeds 50,000 square feet of gross floor area;

(b)

Every medical office building, clinic, or office use where the total floor area exceeds 50,000 square feet;

(c)

Every hotel or motel with an [in] excess of one hundred (100) rooms;

(d)

Every recreational facility, stadium, or similar establishment with a parking requirement in excess of 1,000 spaces;

(e)

Quality restaurants in excess of 7,000 square feet;

(f)

High turnover sit down restaurants in excess of 9,000 square feet;

(g)

Drive-in or fast-food restaurants in excess of 3,000 square feet; or

(h)

Any areas identified as a "Critical Traffic Management Area" by the SPRB and shown on the Official Zoning Map after approval by the City Council in the manner provided for amending this Zoning Ordinance as set forth in Section 2.14

The traffic impact analysis will be reviewed by the Site Plan Review Board and the City Council respectively for the issuance of zoning certificates for permitted uses and the granting of special uses, and may impose conditions to mitigate any impacts from the increased traffic.

(Ord. No. 13294, § 1, 10-15-91; Ord. No. 14658, § 1, 1-19-99; Ord. No. 15573, § 1, 1-20-04; Ord. No. 15882, § 1, 2-7-06)

3.2.a. Purpose Statement. This procedure has been developed to permit certain uses, in certain districts, to be approved by the Zoning Administrator or his/her designee when such uses meet established standards as set forth herein. Uses permitted with approval include Child Care Homes, Halfway Houses, Family Care Facilities, and Group Care Facilities. The Zoning Administrator shall not vary any of the applicable conditions.

3.2.b. Procedures and Appeals. Upon receiving an application for a use with administrative approval, the Zoning Administrator or his/her designate shall process the application to determine its conformity with the applicable standards. If the land and its structures meet the standards, the permit shall be granted by the Zoning Administrator or his/her designate. If the land and its structures do not meet the standards, the permit shall be denied by the Zoning Administrator or his/her designate. The standards may not be varied by the Director or his/her designate in considering the application.

Appeals from any decision of the Zoning Administrator concerning the granting or revocation of use with administrative approval shall be to the Zoning Board of Appeals pursuant to Section 2.5.b. of this Zoning Ordinance; provided, however, that the Zoning Board of Appeals shall not have the authority to grant a variance of any of these standards or requirements necessary to obtain the use with administrative approval.

Applications of uses permitted with administrative approval that do not meet the established standards may be submitted by the applicant for approval, pursuant to the Special Use process, Section 2.15.

(1)

Initiation and Application. Any person owning or having an interest in the subject property may file an application to use such land for a use permitted with administrative approval provided for in this ordinance in the zoning district in which the land is situated. Such application shall be submitted to the Zoning Administrator together with the application fee and such proof that the land and the structure comply with the requirements set forth for the permit, as the Director may require, including a site plan of the subject property.

(2)

Group Occupancy Uses Established Prior to March 6, 1984. Group Occupancy uses established prior to March 6, 1984, which presently are required by this ordinance to obtain administrative approval may continue such use if application to the Zoning Administrator was made prior to September 1, 1984 with proof that the use existed prior to said date and proof that the minimum off-street parking spaces as required prior to March 6, 1984 have been provided. The nonconforming use provisions as set forth in Article 5, and following, shall not apply to said uses. Any property for which an application has not been received by September 1, 1984 shall be required to meet the standards specified in this Ordinance, Section 3.2.c(3).

(3)

Term of Approval.

(a)

In any case where a permit for a use permitted with administrative approval has not been established within six (6) months after the granting thereof, then without further action by the City, the use permitted with administrative approval grant shall be null and void.

(b)

If a use permitted with administrative approval, including an existing use, has been discontinued for a period of one year or more, it shall not be re-established without obtaining new approval as provided for in Section 3.2-1 [3.2.a.] hereof.

(4)

Revocation. The Zoning Administrator may revoke a use granted with administrative approval upon giving the owner and any interested persons who applied for the use at least ten (10) days' written notice of the grounds for revocation and the opportunity for a public hearing before the Director at which time they may present evidence bearing upon the question and cross-examine witnesses. The grounds for which a use permitted with approval may be revoked are:

(a)

The owner or interested person applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use [or] knowingly suffered or caused another to furnish or withhold such information on his/her or her behalf;

(b)

The owner, his/her agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of this Article of the standards required to obtain the use with administrative approval, or that the property no longer complies with the standards necessary to obtain a use with administrative approval; provided, however, that the Zoning Administrator shall give at least ten (10) days' prior written notice to the owner of the alleged violation or [of the] manner in which the property no longer complies with the standards, with the opportunity to correct the problem during said time provided further, however, that violations of Section [Article] 5 of this ordinance shall not be cause for revocation;

(c)

The property has become a nuisance as that term is defined in Section 3.2.b.(5).

The property owner shall be responsible for the acts of his/her agents, employees, officers, tenants, licensees, and occupants.

(5)

Nuisance. A property shall be considered a nuisance when any of the following shall occur:

(a)

The owner, his/her agents, employees, officers, tenants, licensees or occupants have been convicted of three (3) or more violations of this Code for occurrences in any twelve-month period arising out of the use of said property or occurring on said property.

(b)

The owner has received three (3) or more notices for the property from the Zoning Administrator during any twelve-month period which have not resulted in revocation of the use granted with administrative approval due to the fact that the owner has corrected the alleged violation.

3.2.c. Group Occupancy.

(1)

Purpose Statement. The purposes of this ordinance include conserving the taxable value of land and buildings, lessening and avoiding congestion in the public street, promoting the public health, safety, comfort and welfare, securing and promoting the quiet, seclusion, clean air and clean surroundings in residential neighborhoods. In order to accomplish these objectives, the City has adopted regulations limiting the density, bulk, and number of dwelling units in each of the residential districts. The ordinance also limits the occupancy of each dwelling unit to a single "family."

In order to accomplish these objectives without prohibiting those group occupancies which are compatible with the neighborhoods in which they are located, and without unlawful restrictions against protected populations, the City adopts the Group Occupancy provisions set forth in this portion of the ordinance.

(2)

Group Occupancies Permitted with Administrative Approval.

(a)

Reserved.

(b)

Family Care Facility and Group Care Facility. A nonmedical facility for the housing of no more than eight (8) unrelated persons (inclusive of residential staff), who due to advanced age, handicap, impairment due to chronic illness, or status as a minor who is unable to live with parents or guardians, require assistance and/or supervision, and who reside together in a family-type environment as a single, housekeeping unit. Excluded from the definition of family care facility are homes established for or occupied by residents who are permitted to live in halfway houses including residences in which residents are criminal offenders in work release sentence or on parole or probation, or persons who use or are addicted to a controlled substance.

A Group Care Facility is the same as a Family Care Facility but may provide housing for no more than fifteen (15) persons.

(3)

Standards for Group Care Facilities, and Family Care Facilities. No use permitted with administrative approval shall be approved by the Zoning Administrator unless he/she finds all of the following standards are met:

(a)

The number of residents complies with requirements of this Zoning Ordinance.

(b)

The parking requirements as set by this Zoning Ordinance have been met.

(c)

The proposed Group Occupancy is not within six hundred (600) feet of another existing Group Occupancy which requires a use with administrative approval, or one which has obtained a use permitted with approval or special use in lieu of a use with administrative approval. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed use to the property line of the existing use.

(d)

In order to ensure that the structure and rooms therein are used as originally designed and intended, the proposed use will not require or include structural alterations as that term is defined in the BOCA Basic Building Code or other building code adopted by the City.

(e)

The structure meets the requirements of the City's housing, building and fire codes as set forth in the Code of the City of Peoria or the codes adopted by reference therein.

(f)

Users and occupants have received any and all required approvals from other governmental bodies which permits use of the premises in conformance with the approval for which they have applied.

(g)

For Group Occupancies there shall be a minimum of one hundred twenty (120) square feet of bedroom space for every two (2) residents for residential uses. In determining the number of people in any group occupancy, the Administrator shall assume that no more than two persons will occupy any bedroom.

(h)

Reserved.

(i)

For Group Occupancies, the property owner or his agent shall inform occupants of the property in writing either in a written lease or by a sign prominently posted at the property that the occupants shall not park in other than the provided off-street parking from midnight to 6:00 a.m.

(j)

Any group occupancy required by law to obtain a license from the state or its subdivisions for family care facilities and group care has received a license permitting it to operate from the relevant governmental body and a permit or approval document for the specific address indicating the specific address is approved and identifying the number of residents included in that approval.

(4)

Revocation of Administrative Approval for Group Occupancy. Administrative approval of a group occupancy shall be revoked in the event the Zoning Administrator determines it has not been operated in conformance with the above standards or other requirements of this ordinance. The administrator shall conduct a hearing prior to revoking any such approval. An appeal of any such revocation shall be heard by the Zoning Board of Appeals.

3.2.d. Child Care Homes.

(1)

General Requirements. A Child Care Home, which by definition provides care for eight (8) or less children, including any children who may reside in the home, shall be a permitted use with administrative approval in all residence districts when they meet the conditions set forth in the subsection below. Such child care homes shall be accessory uses to the dwelling structure. Only family members of the dwelling resident may be employed. Such family members must also reside in the dwelling unit in which the child care home operates. Child care homes shall conform to all applicable state and local statutes, ordinances and regulations.

(2)

Standards for Child Care Homes.

(a)

Outdoor Play Area. Every child care home shall have outdoor open space for a play area which shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access to children to neighboring properties traffic or other hazards. A fence or barrier previously erected by a neighboring property owner shall not be relied upon to satisfy this requirement unless a written agreement of such owner authorizing such use is filed with the Zoning Administrator. Off site open space for [a] play area may be substituted for on site open space provided that the substitution conforms to all applicable state and local statutes, ordinances and regulations.

(b)

Recreational Devices. No recreational device shall be located within the required side yard of a lot abutting residential property.

3.2.e. Temporary Uses.

(1)

Authorization. Subject to the limitations of this Section 3.2.e., temporary uses, as hereinafter specified are permitted in the zoning districts hereinafter specified.

(2)

Certificate of Zoning Compliance Required; Special Standards for Issuance and Revocation.

(a)

Certificate Required. Except as provided in Paragraph 3.2.e.(3), no temporary use shall be established or maintained unless a Certificate of Zoning Compliance for the compliance of such use with the provisions of this Code shall have first been issued in accordance with Section 2.9 of this Code; provided, however, that permitted temporary uses of publicly owned or leased buildings and property shall be exempt from this requirement.

(b)

Basis for Certificate Denial. Such a Certificate may be denied if the Zoning Administrator determines that during the prior five (5) years the applicant has failed to comply with the standards, conditions or terms of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of the City ordinance regulations for the development, use and maintenance of the property. Such a certificate shall be denied if the Zoning Administrator determines that the public health, safety, or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

(c)

Conditions on Certificate. Such a Certificate may be conditioned upon such special requirements as the Zoning Administrator may determine are necessary to achieve the purposes of this Code and to protect the public health, safety, and welfare.

(d)

Revocation of Certificate. Such a Certificate shall be revoked by the Zoning Administrator or his/her designee if any of the standards and conditions imposed pursuant to this section, or such certificate, are violated.

(3)

Permitted Temporary Uses. Subject to the specific regulations and time limits that follow, all applicable local ordinances and codes, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses, and no others, are permitted in the zoning districts herein specified:

(a)

House, Apartment, Garage and Yard Sales. Yard sales and garage sales shall be permitted in residential districts for any period not exceeding three consecutive days. No more than three yard or garage sales shall be conducted on the same zoning lot during any twelve month period. The items offered at such sales shall be limited to the personal possessions of the owner or occupant of the lot.

(b)

Indoor and Outdoor Festivals, Sidewalk Sales, Art, Craft, and Plant Shows, Exhibits and Sales. In any business, commercial, office, or industrial district; provided, however, that any such use shall require the specific prior site layout approval of the Zoning Administrator on the basis of adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact of other properties and compliance with the following conditions:

(1)

The display area shall not encroach into any required yard area.

(2)

Special sales shall not exceed three days in length and shall be limited to 12 special sales per year. At no other time shall materials, merchandise or inventory be stored outdoors except per the requirements for permanent display areas.

(3)

Plant sales located within parking areas shall adhere to the following regulations:

(a)

The proprietor of the plant sale must obtain a zoning certificate with the property owner's consent.

(b)

Plant sales are allowed in parking areas that exceed the minimum required parking spaces per section 15.2.b. For a maximum of 150 consecutive days per calendar year.

(c)

Plant sales structures must meet the setback requirements of the respective zoning district and must not exceed a maximum height of 14 feet.

(d)

Any proposed outdoor lighting for the plant sale must obtain the appropriate permit from the inspections department and adhere to parking lot lighting requirements per section 15.2.a.(9)(e).

(e)

Temporary signage for plant sales must adhere to the temporary signage requirements per section 17.10.c. With the exception that the frequency of display may be increased to one display period for a length of 150 days and shall not include prohibited signage per section 17.10.a.

(c)

Christmas Tree Sales. Christmas tree sales shall be allowed as a temporary use within any nonresidential district providing that they have received prior approval from the Zoning Administrator and conform to the conditions set forth below. Such sales shall be permitted in any residential area when conducted by a not-for-profit religious, philanthropic, or civic organization on property owned or leased by such organization.

The Zoning Administrator shall not approve any temporary use for Christmas Tree Sales unless he/she finds that the proposed use will not have any adverse impact on the surrounding property, and the site for such proposed use is adequate in terms of size, lighting, parking and traffic access. No such use shall be authorized for a period in excess of 45 days. The sale of other seasonal holiday items such as pumpkins and Easter lilies will be allowed as temporary uses pursuant to the procedure and conditions set forth for Christmas tree sales.

(d)

Contractor's Offices and Equipment Sheds. In any district when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project.

(e)

Real Estate Offices, Including Model Units. In any district when such use is accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.

(f)

Carnivals and Circuses. A carnival and/or a circus shall be permitted in any district provided, however, that any such use shall require the specific prior site layout approval of the Zoning Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed 10 days. Such use, structures or equipment that might block the view of operators of motor vehicles on any public or private street shall not be located within the sight triangle defined in Article 18 of this Code.

(g)

Sales of Overstock, Seconds and Similar Goods in Districts Where Not a Permitted Use. In the I1, I2 and I3 districts when accessory to any use permitted or specially permitted in such district; but only in compliance with the following conditions:

(1)

Existing Inventory Only. No products shall be sold except such products as are manufactured, warehoused or distributed in the normal course of business of the principal use operated on the zoning lot in question. No products shall be brought in from other sources for purposes of the temporary sale.

(2)

No Outdoor Sales. Any area in which such a temporary retail use takes place, including the sale and display of products, shall be fully enclosed.

(3)

Number and Duration of Sales Limited. Not more than two (2) such temporary uses shall be conducted on the same premises in any calendar year, or more than one (1) such sale in any calendar quarter. In each calendar year, one (1) such sale may be for a period of not more than nine (9) successive days which must include two (2) weekends; the remaining sale allowed in such year shall be limited to weekend periods (Saturday, Sunday and holiday, if applicable).

(h)

Tents. In any district, in connection with any permitted, accessory, temporary or special permit use, a tent shall be allowed to remain for a period of no more than ten (10) days. No more than four (4) temporary tent sales shall be permitted within a twelve (12) month period and seven (7) days are required between each tent sale. Unless waived in writing by the Zoning Administrator, every tent shall comply with the bulk, yard and space requirements applicable to accessory uses pursuant to subsection 3.2.f. of this Article.

(i)

Civic Uses of Public Property. In any business, commercial or O1 District, any civic use of any public building or property when authorized by the governmental agency owning or controlling such property; provided that no such use shall impose an undue adverse effect on neighboring streets or property.

(j)

Wheelchair Ramp. A wheelchair ramp shall be [a] permitted temporary use in any required yard of a residential district; however, the use shall require the specific prior site layout approval of the Zoning Administrator on the basis of minimum encroachment into the required yard(s), and safe ingress and egress from the property. Such use shall be allowed to remain for the length of residency at the subject property plus 60 days by an individual with a disability requiring the use of a wheelchair.

(k)

Portable Storage Devices: Portable storage devices shall be [a] permitted temporary use pursuant to the following regulations:

(1)

One (1) portable storage device not exceeding outside dimensions of sixteen (16) feet in length, eight (8) feet in width, and nine (9) feet in height per zoning lot shall be permitted in all residential zoning districts for no more than fourteen (14) consecutive days three (3) times per calendar year provided they are placed on a driveway and meet all yard requirements of the prescribed zoning district. In addition, an extension to the fourteen (14) days for an additional thirty (30) days is allowed for those instances that construction activity, new construction or renovation is occurring in conjunction with a current building permit issued by the City of Peoria. See also Section 3.2.e.(3)(d).

(2)

One (1) portable storage device not exceeding outside dimensions of sixteen (16) feet in length, eight (8) feet in width, and nine (9) feet in height per zoning lot shall be permitted in all commercial zoning districts no more than thirty (30) consecutive days per calendar year provided they are placed on an impervious surface and meet all bulk regulations of the prescribed zoning district. The device shall not be located in an area that hinders access to parking spaces and/or access aisles. There shall be no stacking of units. See also Section 3.2.e.(3)(d).

(3)

One (1) portable storage device not exceeding outside dimensions of sixteen (16) feet in length, eight (8) feet in width, and nine (9) feet in height per zoning lot shall be permitted in all industrial zoning districts for no more than sixty (60) consecutive days per calendar year provided they are placed on an impervious surface and meet all bulk regulations of the prescribed zoning district. The device shall not be located in an area that hinders access to parking spaces and/or access aisles. There shall be no stacking of units. See also Section 3.2.e.(3)(d).

(4)

Bulk, Yard and Space Requirements. Except as expressly provided otherwise in this Section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.

(a)

Parking. Before approving any temporary use, the Zoning Administrator shall make an assessment of the total number of off-street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off-street parking is provided. No temporary use shall be authorized that would, in the opinion of the Zoning Administrator, unreasonably reduce the amount of off-street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

(b)

Additional Conditions. Every temporary use shall, in addition, comply with, and the Zoning Administrator may impose, such other conditions as may reasonably be necessary to achieve the purposes of this Code or to protect the public health, safety, and welfare.

3.2.f. Accessory Uses and Structures.

(1)

Authorization. Subject to the limitations of this Section 3.2.f. and any applicable local ordinances and codes, Accessory Uses and Structures are permitted in any zoning district in connection with any principal use lawfully existing within such district.

(2)

Special Regulations Applicable to Particular Accessory Structures and Uses.

(a)

Storage. Except as otherwise expressly permitted by this Code, outdoor storage shall not be allowed as an accessory use; where so permitted, such storage shall be screened as required by Article 16, Landscaping and Screening.

(b)

Residential Recreational Facilities. Residential recreation facilities including but not limited to swimming pools and tennis courts [are permitted], which are limited to use by the occupants of the principal residential use and their guests and which are illuminated in a manner that will not cast direct light on adjacent residential zoning lots.

(c)

Accessory Parking Lots in Single Family Residential Districts. Except when approved as part of a Residential Planned Unit Development, parking lots shall not be permitted as an accessory use in any single-family residential district.

(d)

Portable Storage Devices. Portable storage devices shall be allowed as accessory uses only and pursuant to Section 3.2.e.(3) (k).

(e)

General Residential and Non-Residential Fence Regulations.

(1)

Purpose Statement. This section is intended to prohibit all front yard fences with limited exceptions, promote land uses and designs which preserve existing aesthetic benefits in the City, create an attractive appearance for the City; and, instill aesthetics as a value and standard throughout the City. In limited cases, a reasonable flexibility of development design may be appropriate and determined by the Zoning Board of Appeals or Historic Preservation Commission, as applicable,

(2)

General Conditions.

(a)

A fence may be located on a lot line, but no such fence shall protrude in full or part on adjacent property or right-of-way.

(b)

Fence height shall be measured from an established grade to the top most section of the fence. Where the grade forms a contour, the fence shall be required to maintain the same contour.

(c)

All portions of any fence must be constructed of the same or harmonious material. All vertical and/or horizontal supports and cross members must face the interior of the lot.

(d)

Fences shall be maintained by the property owner according to all other codes of the City of Peoria.

(e)

Fences on corner lots must observe the sight triangle requirement as defined by Article 18 of the Zoning Ordinance.

(f)

Except in the I-2 or I-3 Industrial Zoning Districts, chain link and wire fences shall not be located in front or corner side yards.

(g)

In order to provide for the maintenance and gradual elimination of nonconforming front yard fences that adversely affect the character and value of permitted development, front yard fences on private property existing as of the date of passage of this Ordinance that meet the following standards may continue to be maintained, but not replaced: maximum four (4) feet in height, minimum forty (40) percent open, constructed of harmonious materials, support members face to the interior of the lot, and the sight triangle is observed,

(3)

Fences in Residential Districts and Non-Residential Districts - Office, Commercial, Institutional and I-1 Fences. A fence may be erected or constructed subsequent to compliance with all City ordinances as well as the following criteria:

(a)

Front Yards. Front yard fences shall not be allowed unless one of the following conditions occurs:

1.

A Variance is granted by the Zoning Board of Appeals.

2.

A Certificate of Appropriateness is approved by the Historic Preservation Commission.

(b)

Corner Side Yards. Fences located in all corner side yards shall be setback a minimum of ten (10) feet from the property line abutting a street, shall not exceed six (6) feet in height in residential districts, shall not exceed eight (8) feet in non-residential districts, and may be solid. However, fences in corner side yards along thoroughfares shall be allowed a minimum five (5) foot setback, and shall require a fence permit if placed closer than ten (10) feet from the property line.

(c)

Side Yards. Fences located between two (2) principal structures on adjoining lots shall not exceed four (4) feet in height when there is less than ten (10) feet between the fence and both principal structures. Fences observing the above ten (10) foot requirement shall not exceed six (6) feet in height. There is no openness requirement. However, in no instance shall any fence be erected between two (2) principal structures unless there is at least three (3) feet between the fence and any principal structure.

(d)

Rear Yards. All fences shall not exceed six (6) feet in height. There is not openness requirement.

(e)

Notwithstanding the above height restrictions, masonry pillars, including decorations and appurtenances thereon, in conjunction with ornamental iron fences, cannot be more than twenty-five (25) percent higher than the attached fence and not wider than twenty-four (24) inches.

(f)

Through Lots. Fences on through lots shall comply with the foregoing regulations; however, if all principal structures in the same block face the same street or direction, and there is no vehicular access to the street in which the principal structure does not face, a fence may be constructed as per the rear yard regulation for interior lots.

(4)

Fences in Non-Residential Districts - I-2 and I-3 Industrial Fences. Except as otherwise expressly permitted, or required by this Code, a fence may be erected or constructed in all yards in an I-2 or I-3 Industrial zoned district subject to a maximum height of eight (8) feet, no openness requirement, and in compliance with all City ordinances.

(5)

Subdivision Fences and Walls.

(f)

[Reserved.]

(g)

[Additional Uses and Structures.] Additional accessory uses and structures shall include:

(1)

[Reserved.]

(2)

Basketball Backboard standards.

(3)

[Reserved.]

(4)

Gazebos.

(5)

Statues.

(6)

Toolsheds.

3.2.g. Parks—Passive Recreation.

(1)

Authorization. Subject to the limitations of this Section 3.2.g., passive recreational parks, as hereinafter specified are permitted in the zoning districts hereinafter specified.

(2)

Certificate Required. No park shall be established unless a certificate of zoning compliance for the compliance of such use with the provisions of this Code shall have first been issued in accordance with Section 2.9 of this Code.

(3)

Standards. When determining if a passive recreational park will be allowed, the Zoning Administrator shall consider the following:

(a)

The park does not include any activities which may have the potential for greater nuisance to adjacent properties due to noise, light, glare, or odor.

(b)

Any proposed structures are in compliance with the zoning district bulk regulations.

(c)

The park does not include any off-street accessory parking lots.

(d)

The park is less than ten (10) acres in size.

(e)

Parks that do not meet the above standards for administrative approval shall be approved through the Special Use approval procedures (see 2.15).

(Ord. No. 13346, § 1, 2-18-92; Ord. No. 13412, § 1, 6-16-92; Ord. No. 13432, § 2, 6-16-92; Ord. No. 13476, § 1, 10-20-92; Ord. No. 13627, § 1, 9-21-93; Ord. No. 13829, § 1, 10-18-94; Ord. No. 13970, § 1, 8-8-95; Ord. No. 13966, § 1, 7-25-95; Ord. No. 13970, § 1, 8-8-95; Ord. No. 14237, § 1, 1-21-97; Ord. No. 14360, § 1, 8-19-97; Ord. No. 14699, § 1, 3-16-99; Ord. No. 14700, § 1, 3-16-99; Ord. No. 14658, § 1, 1-19-99; Ord. No. 14777, § 1, 7-20-99; Ord. No. 15749, § 1, 2-15-05; Ord. No. 15756, § 1, 3-15-05; Ord. No. 15882, § 1, 2-7-06; Ord. No. 15907, § 1, 3-28-06; Ord. No. 15953, § 1, 5-23-06; Ord. No. 16555, § 1, 4-27-10; Ord. No. 16574, § 1, 6-22-10; Ord. No. 16589, § 1, 7-27-10; Ord. No. 16608, § 1, 9-28-10; Ord. No. 16643, § 1, 12-14-10; Ord. No. 16766, § 1, 11-8-11)

[Telecommunications Antennas and Towers]

The purpose of this ordinance is to establish requirements for the siting of towers and antennas. The goals of this ordinance are to:

(a)

Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community;

(b)

Encourage the joint use of new and existing tower sites;

(c)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(d)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;

(e)

Enhance the ability of the providers of telecommunications services to provide such services to the community;

(f)

Encourage the use of suitable public sites and structures for wireless antenna locations; and

(g)

Comply with the Federal Telecommunications Act of 1996.

3.4.a. The following are considered exempt telecommunications facilities and are not governed by this section when erected as an accessory structure:

(1)

Satellite dish antennas less than one meter in diameter in residential districts and less than two meters in diameter in non-residential districts including direct-to-home satellite services.

(2)

A single ground or building mounted radio or television antenna including any mast on which the radio or television antenna is located for the sole use of the tenant or owner occupying a residential parcel; with an antenna height not exceeding height limitations by more than ten feet.

The requirements set forth in this ordinance shall govern the siting, operation and maintenance of antennas and towers.

3.5.a. New Antennas and/or Towers: All new antennas and/or towers placements within the City of Peoria will be required to obtain an "Antenna and/or Tower Use Permit" and shall be subject to these regulations, except as provided in this article.

3.5.b. Height Limitations: The height limitations in each zoning district applicable to buildings and structures shall not apply to towers and antennas.

3.5.c. Preexisting Antennas and/or Towers: Any antennas and towers for which a zoning and/or building permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 3.61 and 3.6.g. Such towers and/or antennas shall be considered non-conforming uses and shall be referred to in this ordinance as "preexisting antennas" and "preexisting towers."

3.5.d. Facilities on Suitable Public Property: The City of Peoria encourages location and co-location of telecommunications facilities on suitable public properties, subject to administrative approval and provided that the operation of said facilities will not disrupt normal public communications or operations.

3.6.a. Principal or Accessory Use: Antennas and/or towers may be considered either principal or accessory uses. An existing use or an existing structure on a lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district zoning regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers and/or antennas that are constructed in accordance with the provisions of this ordinance shall not be deemed to constitute an expansion of a nonconforming use or structure.

3.6.b. Inventory of Existing Sites: Upon the adoption of this ordinance, all wireless communication service providers operating in the City of Peoria are required to register with the City of Peoria. Registering service providers shall provide to the Planning and Growth Management Department an inventory of their existing WCF towers and/or antennas that are within the jurisdiction of the City of Peoria and within one and one-half miles of the border thereof, including specific information about the location, height and design of each tower.

3.6.c. Aesthetics; Lighting: The guidelines set forth in this Section 3.6.c. shall govern the siting of all towers and installation of all antennas.

(1)

All towers shall either maintain a galvanized steel finish or be painted a neutral color, so as to reduce visual obtrusiveness subject to any applicable standards of the FAA.

(2)

When an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is compatible with the color of the supporting structure so as to make the antenna and related equipment visually unobtrusive.

(3)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, it shall be oriented inward toward the site to avoid off-site impact.

(4)

Tower design shall be of monopole design. Other tower types will require special use permits reviewed in pursuant to this article and special use provisions of this ordinance. All towers shall be designed and constructed to withstand winds of up to 125 miles per hour.

(5)

All new towers and/or antennas shall be located in a way that visibility from adjacent street(s) is minimized.

(6)

No tower shall be used for any use other than as an antenna support structure except when such other use is part of the applicant's effort to camouflage the tower.

(7)

No signs shall be allowed on an antenna, tower or equipment enclosures other than identification signs not exceeding one square foot in area.

(8)

Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the zoning administrator is submitted showing that this is infeasible.

3.6.d. Security Fencing and anti-climbing device: Towers shall be equipped with an appropriate anti-climbing device and may be enclosed by opaque security fence not less than six feet and not more than ten feet in height. Tower compound buffer (TCB) shall be outside of the fence when the tower compound is fenced.

3.6.e. Landscaping: The following requirements shall govern the landscaping surrounding towers. (See Section 16 of this ordinance for complete Landscaping and Screening regulations.)

(1)

Wireless communication facilities shall be landscaped and maintained with a buffer of plant materials that screens the view of the tower compound from adjacent street and/or residential properties. The standard buffer shall consist of a landscaped strip at least ten feet wide outside the perimeter of the fence surrounding the tower base and the equipment shelter. The amount of landscaping points required for a tower compound shall be determined by multiplying the perimeter of the WCF premises by one and one-half.

One hundred percent of the TCB requirements shall apply to all towers where the tower base or the equipment: shelter is visible from any adjacent street or where the tower is located within 200 feet of a residential district, fifty percent of the TCB requirements shall apply to all others. These landscaping requirements may be administratively waived by the zoning administrator for towers where the tower base or the equipment shelter is not visible from adjoining residential properties.

(2)

Determination of required plant materials for tower compound buffer (TCB):

(a)

The number of points that must be achieved through landscaping in a TCB shall be based on the overall length of the TCB sides to be screened as measured along the outer boundary of the tower compound.

(b)

One-half of the points for TCB landscaping must be achieved by utilizing plants from the shade tree classification and one-half must be from the evergreen shade tree classification per Article 16 of this ordinance.

(c)

All shade trees in a TCB must be three and one-half inches caliper size or larger and all evergreen trees shall be at least six feet in height.

(3)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer as provided in section 16.4.d.

(4)

Planting of landscaping larger than the minimum required sizes specified in Section 16.7.c will be rewarded with five additional points (added to base value) per tree when the proposed sizes are as follows:

(a)

Shade Tree: 5 inches diameter or greater.

(b)

Intermediate Tree: 10 feet height or taller

(c)

Evergreen Tree: 10 feet height or taller

3.6.f. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and other applicable standards for towers that are published by the Electronic Industries Association.

3.6.g. Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas.

3.6.h. Spacing Requirements for Towers:

(1)

In order to encourage collocation of antennas on a common facility and to reduce the number of towers in Peoria, all proposed non-residential towers facilities, except those located on public properties and sites, must meet the following minimum separation requirements from existing non-residential towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this code:

(a)

All non-residential freestanding towers shall be separated from any towers by a minimum of 1,000 feet. Exempt from this spacing requirements are:

(1)

Towers attached to the principal structure that meet the requirements of this ordinance;

(2)

Towers that are accessory to the principal use of a parcel and not exceeding 70 feet in height;

(3)

Concealed towers that are located within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with a building.

(b)

A zoning lot shall not have more than one tower unless the size of the lot is large enough to meet spacing requirements to accommodate others and meet all of other applicable requirements of this ordinance.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning administrator or his/her designee that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna shall be prepared by a qualified Illinois licensed engineer and may consist of one or more of the following:

(1)

Existing towers or structures are not located within a reasonable geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures can not be altered to provide sufficient structural strength to support applicant's proposed antenna and related equipment,

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable, based upon market information provided to the zoning administrator, Zoning Commission and/or City Council. Costs exceeding new tower development are presumed to be unreasonable.

(6)

Applicants are required to demonstrate by providing proof of certified mailings or other reasonable means: (i) that they have contacted the owners of reasonably suitable structures including those that are 20 feet less than the design height of the tower within a one-quarter mile radius of the site proposed and which from a location standpoint could provide part of a network for transmission of signals; (ii) have asked for permission to install the antenna on those structures; and (iii) were denied for reasons other than economic feasibility.

3.8.a. The following sites shall be considered by applicants as the priority preference of location of wireless facilities including antennas, equipment and equipment shelters.

(1)

Attachments to existing towers, water towers, rooftops or other structures;

(2)

Other public structures and sites: locating new wcfs at existing public facilities such as, parks, sewer and water treatment facilities, maintenance shops, transit properties, community centers, parking garages, cemeteries, landfills, jails and detention centers, airports, stadiums, convention facilities, and other public assets within all zoning districts;

(3)

Industrial, and institutional districts, (schools. hospitals, etc.);

(4)

Commercial districts, office districts and central business district;

(5)

Residential districts, and;

(6)

Residential structures (subject to height criteria of this article).

3.8.b. Applicants shall submit along with each application evidence prepared by a qualified Illinois licensed engineer that none of the higher priority locations were suitable. Required evidence submitted to demonstrate compliance with this requirement shall consist of one or more of the criteria outlined in Section 3.7. Availability of Suitable Existing Towers or Other Structures.

Each applicant requesting an administrative approval for a non-residential antenna and/or tower under this ordinance, shall submit a written application to the Zoning Administrator or his/her designee on forms prescribed by the City of Peoria and attach the following supporting documents and exhibits:

(a)

Scaled site plan.

(b)

Scaled elevation view.

(c)

Color rendering and/or photo simulation(s) of the proposed tower with its antennae, all facilities and required landscaping viewed from adjacent street or streets.

(d)

Copy of the FCC license of each proposed user of the tower.

(e)

Other supporting drawings, calculations, and other documentation, signed and sealed by appropriate Illinois licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this ordinance.

(f)

Copies of Collocation Agreements between the applicant and other FCC telecommunications licensees serving the Peoria market plus a statement from the applicant wherein he/she acknowledges that a condition to granting any tower use permit in the applicant's ongoing commitment to make available and reasonably market collocation-sites on each new tower.

(g)

Evidence of compliance with Sections: 3.6.b. Inventory of Existing Uses, 3.7. Availability of Suitable Existing Towers or Other Structures and 3.8. Location Priority Preference of this ordinance.

(h)

An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of consultant and expert evaluation in connection with the review of all application including the construction and modification of the site, once permitted. The deposit shall be $8,500.00 for a new tower and $2,000.00 for collocation of antennas. The placement of the deposit with the city shall precede the pre-application meeting. The city will maintain a separate escrow account for all such funds. The city's consultant(s)/expert(s) shall invoice the city for their services in reviewing the application, including the construction and modification of the site, once permitted. In the event that the amount held in escrow by the city is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.

The total amount of funds needed as set forth in the section above may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

(Ord. No. 16545, § 1, 3-23-10; Ord. No. 16624, § 1, 11-9-10)

3.10.a. All WCF must be constructed to comply with the setback provisions of the zoning district in which they are located but in no instance shall any tower be less than five feet from any lot line.

3.10.b. Attached WCF are exempt from any setback standard. An attached WCF Antenna Array may extend up to five feet horizontally beyond the edge of the attachment structures so long as antenna array does not encroach upon an adjoining parcel and comply with Section 3.6.c(5) and other applicable ordinances.

3.10.c. Guy anchors, equipment house and accessory facilities, if permitted, must satisfy the minimum setback requirements of the zoning district in which they are located.

(Ord. No. 15882, § 1, 2-7-06)

3.11.a. General: The following provisions shall govern the issuance of non-residential antennas, and/or towers use permits; ham radio and citizen band radio antennas and/or towers permits:

(1)

The zoning administrator or his/her designee shall review the application for approval and determine if the proposed use complies with the goals and terms of this article.

(2)

Each application for administrative approval shall be either approved or denied within 20 working days after submission of the complete application with all required exhibits.

3.11.b. Non-residential antennas and/or towers: The uses listed in this Section 3.1 I.b are permitted by administrative approval and shall not require a special use permit. All such uses shall comply with this Section 3.11. and all other applicable ordinances. Administrative approval shall include use of "alternative tower structures" in any zoning district. The Zoning Administrator shall have the authority to require use of "alternative tower structures" as a condition of granting administrative approval. All new non-residential towers exceeding 70 feet in height, except when accessory to the principal use, shall be built for at least two telecommunication carriers. The following uses are specifically permitted with administrative approval:

(1)

Freestanding monopole towers according to the following height criteria:

(2)

Antennas and towers on any of the following locations which have obtained a special use permit in any residential district, and according to the height criteria specified below in this Section 3.11.b.(2)(a):

Public safety buildings

Cemeteries

Golf/tennis

Outdoor recreation of two acres or greater

Public schools

Public parks of two acres or greater

Playgrounds of two acres or greater

(a)

Height criteria: Monopoles of up to 150 feet for two users and up to 180 feet for more than two users.

(3)

Antennas and towers, attached or detached, which are accessory to the principle nonresidential use of the property. Such antennas and towers shall not exceed 70 feet in height from grade level and shall not be required to meet Spacing Requirements, Section 3.6.h.

(4)

Installation of an antenna, onto an existing structure other than a tower (such as a building, sign, light pole, water tower) of less than 70 feet in height, so long as such addition does not add more than ten feet to the height of the existing support structure. Antennas of up to 20 feet may be installed if the height of the support structure is not less than 70 feet in height.

(5)

Installing an antenna on an existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of the existing tower provided that the existing tower complies with the height criteria set forth in Section 3.1 Lb (1) and (2) of this article.

(6)

Installation of antennas and/or towers on suitable public property that meets the standards and requirements of this ordinance.

(7)

A tower-mounted antenna operated by a federally licensed amateur (ham) or citizen band radio operator, if the height does not exceed 70 feet from grade level and installed as an accessory structure.

(8)

The following specific additional criteria must be met before an application can be granted by administrative approval:

(a)

Antenna should be painted and/or textured to match the existing structure.

(b)

Where feasible, towers and/or antennas shall be placed directly above, below or incorporated with vertical design elements of the building or structure to help in camouflaging.

(c)

If the equipment shelter or cabinet is located outside of the principal building or structure, it shall be consistent with the general character of the area and shall be screened from the public view by using landscaping as provided in Section 3.6.e, or materials and colors consistent with the surrounding backdrop or be placed underground.

(d)

Antennas mounted on structures within designated historic or architecturally significant districts shall first obtain a certificate of appropriateness pursuant to Section 16, Historic Preservation of the City Code.

3.11.c. Variances: No variation shall be granted to permit any antenna and/or tower which is not in compliance with the provisions of this section. Antennas which do not comply with this section may be permitted as special uses in conformance with the special use provisions and procedures of this ordinance.

3.12.a. General: The following provisions shall govern the issuance of special use permits:

(1)

If the antenna and/or tower is not exempt under Section 3.4 of this ordinance and not permitted administratively pursuant to Section 3.11 of this ordinance then a special use permit shall be required in all zoning districts.

(2)

An applicant that wishes to locate a new antenna array or antenna support structure in a residential zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities in a non-residential district according to the terms of this ordinance

(3)

In granting a special use permit, the Zoning Commission and/or City Council may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by qualified Illinois licensed professional engineer(s).

3.12.b. Required Submittals: See Section 3.9.

3.12.c. Factors Considered in Granting Special Use Permits: In addition to the standards set forth in Section 2.15.(h) of the City of Peoria Zoning Ordinance, the Zoning Commission and/or City Council shall consider the following factors in determining whether to issue a special use permit, although the Zoning Commission and City Council may waive or reduce the burden on the applicant if one or more of these criteria if the Zoning Commission and/or City Council concludes that the goals of this ordinance are better served thereby:

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential zoning district boundaries;

(3)

Surrounding topography;

(4)

Surrounding tree coverage and foliage;

(5)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(6)

Proposed ingress and egress;

(7)

Availability of suitable existing towers and other structures as provided in Section 3.7 of this article;

(8)

Applicant's commitment to collocation and the applicant's past performance in reasonably marketing and completing collocation agreements throughout the City of Peoria and its extraterritorial jurisdiction.

Preexisting antennas and/or towers which are lawful at the effective date of adoption or amendment of this article that could not be built under the terms of this Code, may continue so long as the same remains otherwise lawful subject to the following:

(a)

No such preexisting structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(b)

Should such preexisting structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50 percent of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code.

(c)

Should such preexisting structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(d)

Ordinary repairs and maintenance may be made to an extent not exceeding 50 percent of the fair cash market value of the preexisting structure.

(a)

Antenna owners and landlords shall notify the department of planning and growth management within 30 days when the facility is abandoned as defined herein. Upon the request of the City, any antenna or tower that is abandoned shall be removed within 180 days of such abandonment. Failure to notify the department of planning and growth management of abandonment or to remove an abandoned tower and/or antenna as provided herein shall be a violation of this ordinance and grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(b)

The owner of any approved antenna or tower shall post a bond or other surety payable to the City of Peoria, equivalent to the cost of demolition and removal of the approved facility in the event said owner is unable or unwilling to remove an abandoned antenna or tower in conformance with the provisions hereof. The City of Peoria will have the right, at intervals no more often than every three years, to require that the bond amount be increased to reflect changes in the Chicago Metropolitan Area Consumer Price Index (All consumers) during the prior three-year period.

Any tower use permit issued pursuant to this ordinance may be reviewed by the Zoning Administrator at any time to assure the City that the applicant is in compliance with the conditions of the permit. At any time during the life of the permit a tower use permit may be revoked by the Zoning Commission after a hearing as provided herein. If the Commission finds that any permit holder has violated any provision of this ordinance, or has violated any federal, state or local law or ordinance, or has failed to make good faith reasonable efforts to provide or seek collocation in a nondiscriminatory manner, the Commission may revoke the Tower Use Permit upon such terms or conditions, if any, that the Commission may determine. Prior to initiation of revocation proceedings, the zoning administrator shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days. The permit holder shall provide the Zoning Administrator with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the Zoning Commission shall convene a public hearing to consider revocation of the tower use permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than ten working days prior to the hearing and by written notice to the permit holder. At any such hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The Zoning Commission may impose reasonable restrictions with respect to time and procedure and may, but is not required to, provide for stenographic or other recording of the hearing or portions thereof.

3.16.a. General: The following provisions shall govern the issuance of telephone and internet switching equipment building, shelter or cabinet permit. All such uses and structures shall be permitted by administrative approval in all non-residential zoning districts according to the terms of this Section 3.16 and all other applicable ordinances. For purposes of determining whether the installation of an equipment shelter complies with district zoning regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the equipment shelter may be located on leased parcels within such lots. The Zoning Administrator or his/her designee shall review the application for approval and determine if the proposed use complies with the terms of this article. Each application for administrative approval shall be either approved or denied within ten working days after submission of the complete application with all required exhibits.

3.16.b. Setback Requirements: The equipment shelter shall observe the setback requirements of the zoning district in which it is located.

3.16.c. Height Requirements: The height of the equipment shelter shall not exceed 14 feet.

3.16.d. The following specific additional criteria must be met before an application for an equipment shelter can be granted by administrative approval:

(1)

The color of the equipment shelter shall be consistent with the general character of the area.

(2)

The equipment shelter shall be landscaped as provided in Section 3.6.e. of this article. The Zoning Administrator or his/her designee may reduce or waive the landscaping requirements when the equipment shelter is located on a leased portion of an established parcel and when such equipment shelter is camouflaged with architectural design, texture and color compatible with the surroundings.

(3)

Equipment shelters located within designated historic or architecturally significant districts shall first obtain a certificate of appropriateness pursuant to Chapter 16, Historic Preservation of the City code.

(4)

If lighting is required, it shall be oriented inward toward the site to avoid off-site impact.

(5)

All equipment shelters shall be located in a way that visibility from adjacent street(s) and residential properties is minimized.

(6)

No signs shall be allowed on equipment shelters other than identification signs not exceeding one square foot in area.

3.16.e. Required Submittals: Each applicant requesting an administrative approval for an equipment shelter under this ordinance, shall submit a written application to the Zoning Administrator or his/her designee on forms prescribed by the City of Peoria and attach the following supporting documents and exhibits:

(a)

Scaled site plan.

(b)

Scaled elevation view.

(c)

Color rendering and/or photo simulation(s) of the proposed equipment shelter with required landscaping viewed from adjacent street or streets.

(Ord. No. 14682, § 1, 2-16-99; Ord. No. 14699, § 1, 3-16-99; Ord. No. 14700, § 1, 3-16-99)

3.17.a. Purpose Statement. There exists in the City of Peoria today, in the older neighborhoods, primarily south of Forrest Hill Avenue, a number of buildings that were built from 1900 to 1950. They were designed and intended for walking-scale, neighborhood-oriented retail use and services. Many of these buildings are currently zoned residential. Efforts to find appropriate uses in harmony with the surrounding residential neighborhoods and meeting codes such as: parking, setbacks, transitional buffer yards, landscaping, and building codes, have proven to be difficult. Over the years many of these buildings have been neglected, abandoned and/or have fallen into disrepair and therefore have a detrimental impact on neighborhoods. In an effort to permit the revitalization of these structures, the following information in this Section provides for the types of uses permitted and the manner in which such uses may be reintegrated into the existing residential neighborhoods.

3.17.b. Definition Statement. For the purpose of this Section, neighborhood commercial/office uses shall mean retail, office, and service uses to be contained in buildings or structures, in residentially zoned districts, originally designed and built for both commercial and residential use.

3.17.c. Permitted Uses.

(1)

The following neighborhood commercial/office uses may be administratively permitted in residentially zoned districts. The Zoning Administrator or the Zoning Administrator's designee shall determine what uses will be permitted that are not specifically listed below but are similar in nature.

(a)

Any generally recognized retail business which supplies commodities on the premises for persons residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other foods, flowers, pharmaceuticals, notions, hardware and similar commodities that require a retail character no more objectionable than the aforementioned uses.

(b)

Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas, such as: computer services, shoe repair, tailor shops, beauty parlors, barber shops, dressmaker, pharmacist, home appliance repair, and similar establishments that require a retail character no more objectionable than the aforementioned uses.

(c)

Art galleries, artist studios, photographer's studios and professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers, accountants, and similar or allied professions.

(d)

Restaurants, or other places serving food, except drive-in or drive-through restaurants. [Only Class B (minimum fifty (50) percent food) and Class G (beer and wine only) liquor licenses shall be permitted.]

(2)

Prohibited uses: Activities specifically prohibited; include adult uses, drive-through facilities, repair or service of motor vehicles and other large equipment, bars/taverns, no retail liquor sale, manufacturing processes which would normally require industrial zoning, commercial uses with outdoor storage, any activity which may become a nuisance due to noise, unsightliness, or odor; and any activity which may adversely affect surrounding property.

(3)

Conditions:

(a)

Any person owning or having interest in the subject property may file an application for a zoning certificate to use such land for a use permitted with administrative approval provided for in this ordinance in the residential zoning district in which the land is situated. Such application shall be submitted to the Zoning Administrator together with the application fee and such proof that the land and structure comply with the requirements set forth for the permit, as the Zoning Administrator may require, including a site plan of the subject property.

(b)

Parking for the above stated uses shall be one parking space per dwelling unit for residential and three parking spaces per one thousand (1,000) square feet of net floor area for all other uses. On-street parking along the street frontage of the mixed-use structure may be counted toward the minimum required parking for non-residential purposes. Shared parking arrangements may be provided with other land uses that will use the available parking spaces in lieu of the individual requirements with the approval of the Zoning Administrator as to the size and relationship to the sites to be served and recorded as a reciprocal parking agreement. Other parking to be provided less than the above stated requirements may be permitted by Special Use.

(c)

Such use shall be permitted only after it has been reviewed by the Zoning Administrator or the Zoning Administrator's designee as an appropriate use for the surrounding residential neighborhood.

(d)

Such use must be in a building that was originally designed and built for commercial/residential use or commercial use and was built prior to the adoption of this ordinance.

(e)

Each site shall be evaluated as to its potential impact to the surrounding residential neighborhood. Factors which will be used in the evaluation and must be approved by the Zoning Administrator or the Zoning Administrator's designee include, but are not limited to, the following: hours of operation, off-street parking, noise, lighting, traffic (both vehicular and pedestrian), deliveries and screening.

(f)

All business, servicing, or processing shall be conducted within a completely enclosed building.

(g)

The subject building must be in compliance with all applicable building codes. Also, facade improvements may be required by the Zoning Administrator or the Zoning Administrator's designee.

(h)

All signage must be appropriate to the scale and character of the site and building. Signage types permitted shall include awning, canopy, and wall signs per Section 17.12 of the sign ordinance, and blade signs (small pedestrian-oriented sign not greater than eight square feet in area that projects perpendicular from a structure).

(i)

Hours of operation for permitted neighborhood commercial uses shall not be earlier than 7:00 a.m. and not later than 10:00 p.m.

3.17.d. Special Uses.

(1)

Applications of uses permitted with administrative approval for Neighborhood Commercial/Office that do not meet the established standards set forth in Section 3.17.c. may be submitted by the applicant for approval, pursuant to the Special Use process as stated in Section 2.15. (Such uses as stated would be categorized as Special Uses and would be permitted only after it has been reviewed by a reviewing body having jurisdiction and approved by the City Council as an appropriate use for the surrounding residential neighborhood as a Special Use).

(Ord. No. 15733, § 1, 1-4-05)

3.18.a. Purpose Statement. There are certain businesses commonly referred to as Convenience Cash Businesses. For the purpose of the ordinance convenience cash businesses include payday loan businesses and title loan businesses. Convenience Cash Businesses in general are perceived to be detrimental to the neighborhoods in which they are located. The clustering of such businesses results in negative effects including the perception of decline in the area, reduction of property values, and the creation of disincentive for other businesses to locate. The provisions of Section 3.18 of this Code are intended to ensure that convenience cash businesses are properly located within the city and minimize the detrimental effects that certain convenience cash practices have on neighborhood character and housing values, by regulating the density of payday lending businesses within the city and limiting these businesses to the C1 General Commercial District and C2 Large Scale Commercial District. If these specifications cannot be met a special use permit is required.

3.18.b. Distance Requirements. No Convenience Cash Business shall be located within 1,500 feet of any other Convenience Cash Business or within 1,500 feet of any residentially zoned district. Distance requirements defined in this section shall be measured in a radius, without regard to intervening structures or objects, from the property line of the proposed Convenience Cash Business to the property line of the existing Convenience Cash Business, and from the property line of any residentially zoned district to the property line of any proposed Convenience Cash Business.

3.18.c. Permitted Uses. Convenience Cash Businesses shall only be permitted in districts zoned as C1, General Commercial and C2, Large Scale Commercial.

3.18.d. Special Uses. Applications that do not meet the standards set forth in [Section] 3.18.b. May be submitted for special use approval, pursuant to the special use process as stated in Section 2.15 (such uses as stated would be categorized as special uses and would be permitted only after it has been reviewed by a reviewing body having jurisdiction and approved by the city council as an appropriate use).

3.18e. Convenience Cash Business Uses Established Prior to October 28, 2008. Convenience Cash Business uses established prior to October 28, 2008, which presently are required by this ordinance to meet one thousand five hundred-foot distance requirements as per Section 3.18.b. may continue such use with proof that the use existed prior to said date. If the use ceases for a period greater than twelve (12) consecutive months, requirements per Section 3.18 of the ordinance must be met. The nonconforming use provisions as set forth in Article 5, and following, shall not apply to said uses.

(Ord. No. 16365, § 1, 11-25-08)

3.19.a. Purpose and Goals. Small Wind Energy Conversion Systems (SWECS) have been found to be a viable and useful method to produce energy from a renewable source, i.e., wind. The purpose of this Ordinance is to establish requirements for the siting of SWECS. This Ordinance takes into account the necessary siting requirements needed for optimal and efficient operation of SWECS, while also imposing regulations to protect the safety of Peoria citizens and maintaining property values by regulating aesthetics and other nuisances associated with SWECS. The goals of this Ordinance are to:

(1)

Encourage the placement of SWECS in both residential and non-residential areas;

(2)

Allow residents to produce their own energy from a renewable source, while encouraging the location of SWECS so that they are utilized in a manner to protect the safety and well-being of Peoria citizens;

(3)

Encourage the use of SWECS to help reduce the impact of non-renewable energy sources on the local environment.

3.19.b. Administrative Review Process.

(1)

Application: A Small Wind Energy Wind Conversion System Application shall be submitted with a scaled site plan showing all property lines, overhead utilities, and other structures on subject property. The site plan shall also include the location of the SWECS and the distances from the SWECS to all property lines, overhead utilities and other structures on the property. A scaled drawing of the SWECS structure must also be submitted indicating the height and the distance between the rotor blades at their lowest point and the base of the structure. Finally, a map showing all surrounding SWECS within five hundred (500) feet must be submitted.

(2)

Standards: When determining if a SWECS application shall be approved and a Zoning Certificate issued, the Zoning Administrator shall consider the following standards:

(a)

Spacing and Setback:

(1)

Spacing: A SWECS shall not be placed any closer than three (3) times the diameter of the rotor from a surrounding SWECS measured from the base of the SWECS.

(2)

Setback: The minimum distance between SWECS and all property lines, overhead utility or transmission lines, electrical substations, and public right-of-ways shall be equal to no less than 1.1 times the sum of the proposed tower height plus the rotor radius. The setback distance is measured from the base of the SWECS or, if guy wires are used, from the furthest guy wire from the base of the SWECS. This requirement is not intended for roof-mounted SWECS.

(b)

Height:

(1)

Structure Height: The height of a SWECS (tower height plus the rotor radius) shall not exceed one hundred (100) feet when measured from an established grade.

(2)

Rotor-to-Ground Height: The minimum distance between the ground, measured from an established grade, and any part of the rotor blade system shall be twenty-five (25) feet. This requirement shall not include roof-mounted SWECS. Vertical axis SWECS shall be measured from the lowest point of the rotor to the ground unless located on a roof.

(c)

Anti-Climbing Devices:

(1)

A SWECS shall not have any climbing devices below a height of twelve (12) feet from the base of the structure. For those SWECS that have climbing apparatus, a fence six (6) feet in height with a lockable gate must completely surround the SWECS.

(d)

Signs:

(1)

No signs other than a "High Voltage" sign measuring no more than two (2) square feet may be posted on a SWECS.

(e)

Noise:

(1)

All SWECS shall meet the minimum noise standards. When measured from any property line, the decibel (dBA) reading shall not exceed 60 dBA. In the event of strong winds or a storm, a SWECS shall not produce noise greater than 10 dBA over the ambient noise level.

(f)

Aesthetics:

(1)

Color: SWECS shall be constructed of a material or painted with a color that is non-reflective and either white or light grey in color. Other unobtrusive colors may be considered and approved by the Zoning Administrator.

(g)

Roof-Mounted SWECS:

(1)

Height: The height of a roof-mounted SWECS shall not exceed twenty (20) feet above the highest point of a roof. In no instance shall a roof-mounted SWECS exceed the maximum height requirement for the zoning district it is located in. SWECS located on a structure are considered part of that structure.

(2)

Screening: There shall be no screening requirements for roof-mounted SWECS.

(h)

Utility Notification:

(1)

SWECS shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(i)

Compliance with Applicable Building Codes:

(1)

Building permit applications for a SWECS shall be accompanied by standard drawings of the SWECS structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with all adopted building codes for the City of Peoria and certified by a licensed professional engineer shall also be submitted.

(j)

Power Lines:

(1)

All power lines or electrical lines associated with a SWECS must be located completely within the SWECS or buried underground.

(k)

Controls and brakes:

(1)

A SWECS shall be equipped with manual and automatic controls or mechanical brakes to limit rotation of blades to a speed below the designed limits of a SWECS. For purposes of this section, "manual and automatic controls" mean controls which give protection to power grids and limit rotation of a SWECS' blades to below the designed limits of the conversion system. The professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's or the authorized factory representative's statement of certification.

3.19.c. Special Use Process.

(1)

An applicant may apply for a Special Use Permit when one or more of the above standards cannot be met.

3.19.d. General Guidelines and Requirements.

(1)

Accessory Structures: SWECS are permitted accessory structures.

(2)

Zoning Districts: SWECS are permitted accessory structures in all Zoning Districts.

(3)

Principal Use: SWECS are permitted principal uses in the A1, Agriculture District.

(4)

Historic Districts: SWECS are prohibited from all historic districts in the City of Peoria.

3.19.e. Removal of Abandoned SWECS. If the SWECS remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system shall be deemed to be abandoned and shall constitute a public nuisance. Upon notification from the Zoning Administrator, the owner/operator shall remove the abandoned system at their expense within twenty (20) days from the date of the letter. Removal of the system includes the entire structure including foundations, transmission equipment and fencing around the SWECS. Nonfunction or lack of operation may be proven by reports from the interconnected utility. The Zoning Administrator may request more information to prove the SWECS has been abandoned. If the owner/operator of the SWECS feels the SWECS has not been abandoned, a hearing shall be scheduled for the owner/operator to show significant proof that the SWECS has not been abandoned. If the SWECS is not removed after such twenty (20) day period, the Zoning Administrator is authorized to cause the SWECS to be removed forthwith. Any expense incidental thereto shall be paid by the owner, agent or person having the beneficial use of the SWECS or premises on which the SWECS is found. The owner of the SWECS will be responsible for any remaining costs.

(Ord. No. 16526, § 1, 1-26-10)