This Title, including the Zoning District Map made a part hereof, shall be know cited and referred to as the PLANO ZONING ORDINANCE.

This Title is adopted for the following purposes:

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

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

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

   D.   To provide adequate light, solar benefit, privacy and convenience of access to property;

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

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

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

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

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

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

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

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

   M.   To conserve the taxable value of land and buildings throughout the City;

   N.   To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and

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

   A.   Minimum Requirements: The provisions of this Zoning Title shall be held to the minimum requirements for the promotion of public health, safety, morals and welfare.

   B.   Conflicting Laws: Where the conditions imposed by any provisions of this Zoning Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

   C.   Existing Agreements: This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Title shall govern.

   A.   Changes in Structures or Uses: Except as may otherwise be provided in Chapter 9 of this Title, Nonconforming Buildings, Structures and Uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   B.   Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions of this Title for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Chapter 9, Nonconforming Buildings, Structures and Uses.

   C.   Building Permits: When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions of Chapter 9 of this Title, Nonconforming Buildings Structures and Uses. (Ord. 1979-7, 6-25-79)

In the construction of this Title, the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise.

   A.   Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

   B.   The word "shall" is mandatory and not discretionary.

   C.   The word "may" is permissive.

   D.   The word "lot" shall include the words "plot", "piece", "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrase "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

The following words and terms, whenever they occur in this Title shall be interpreted as herein defined:

ACCESSORY BUILDING or USE:

   A.   An "accessory building or use" is one which:

      1.   Is subordinate to and serves a principal building principal use.

      2.   Is subordinate in area, extent or purpose to the principal building or principal use served.

      3.   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

   B.   An "accessory use" includes, but is not limited to, the following:

      1.   A children's playhouse, garden house and private greenhouse.

      2.   A garage, shed or building for domestic storage.

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

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

      5.   Incinerators incidental to residential use. (Ord. 1979-7, 6-25-1979)

      6.   (Rep. by Ord. 2002-2, 1-28-2002)

      7.   (Rep. by Ord. 2002-2, 1-28-2002)

      8.   Swimming pool, private, for use by the occupant and his guests.

      9.   Off street motor car parking areas, and loading and unloading facilities.

      10.   Signs (other than advertising signs) as permitted and regulated in each district incorporated in this title.

      11.   Carports.

      12.   Public utilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment. (Ord. 1979-7, 6-25-1979)

      13.   Satellite television antenna and satellite dishes as regulated under the provisions of this title. (Ord. 1987-15, 8-10-1987)

ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted.

ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property.

ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for washing more than two (2) motor vehicles using production line methods.

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

AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major".

AUTOMOBILE SERVICE STATION: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and the services of automobiles; but not including major automobile repairs; and including washing of automobiles where production line methods are not used. When the dispensing sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).

AUTOMOBILE WRECKING YARD: Any place where two (2) or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including the commercial salvaging of any other goods, articles or merchandise.

AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

BASEMENT: A story, partly or wholly underground. Where more than one-half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement. (Ord. 1979-7, 6-25-1979)

BED AND BREAKFAST ESTABLISHMENT: An owner-occupied residence providing overnight accommodations available to the general public for compensation. Bed and breakfast establishments shall not include hotels, motels, boarding houses, lodging rooms, or food service establishments as defined in this Chapter. A bed and breakfast establishment shall meet all of the following requirements:

   A.   Shall have no more than five (5) guest rooms for rent.

   B.   Shall be in operation for at least six (6) nights in a six (6) month period.

   C.   Shall maintain a guest register which shall be available at all times for inspection.

   D.   Shall be located in a single-family detached dwelling, not an accessory building or garage.

   E.   Shall satisfy all requirements of the Kendall County Health Department and the City of Plano Building Department and shall be in complete compliance with all City zoning ordinances and building codes prior to the issuance of occupancy permits.

   F.   In addition to the parking requirements for a single-family detached dwelling, the bed and breakfast establishment shall provide one additional space for each guest room. The off- street parking for a bed and breakfast establishment shall not be located in any required yard, but it shall be screened from adjacent properties by a landscape screen of at least fifty percent (50%) opacity.

   G.   Only one sign shall be permitted for each bed and breakfast establishment. The maximum size of such sign shall be four (4) square feet per sign face.

   H.   Each guest room may have its own private bath. No guest room shall have any kitchen facilities.

   I.   Guest room shall mean sleeping room intended to serve no more than two (2) adult transient guests per night.

   J.   Accommodations shall be provided in guest rooms only. The length of stay in a bed and breakfast establishment shall be a maximum of one week.

   K.   Any application for a special use shall include, in addition to all other documents required for a special use application, floor plans drawn to scale accurately showing the guest rooms in relation to the rest of the single-family detached dwelling.

   L.   Every bed and breakfast establishment shall be operated and maintained in accordance with the standards set forth in the Illinois Bed and Breakfast Act. (Ord. 1999-3, 1-25-1999)

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

BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways or corporated boundary lines of municipalities.

BOARDING HOUSE: A building other than a motel or restaurant where meals are provided for compensation to four (4) or more persons, but not more than twelve (12), who are not members of the keepers' family. (Ord. 1979-7, 6-25-1979)

BUILDABLE ACREAGE: The total acreage of the property minus the following:

   A.   Wetlands and land that is generally inundated with water (under ponds, lakes, creeks, etc.),

   B.   All of the floodway and floodway fringe within the 100-year floodplain, as shown on the official FEMA maps,

   C.   Land within the right of way or easement of an existing or proposed roadway,

   D.   Land within an existing permanent easement prohibiting development (including utilities, drainage, access and pipelines),

   E.   Land with slopes exceeding twenty five percent (25%), or soils and subsurface geology subject to slumping shall also be subtracted from the total acreage when determining a property's buildable acreage. (Ord. 2002-49, 12-9-2002)

BUILDABLE AREA: The space remaining on a building lot after the minimum yard requirements of this title have been complied with.

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

BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.

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

BUILDING INSPECTOR: The building and zoning administrator/inspector of the city or his duly authorized representative.

BUILDING LINE: A line or lines, including the building setback line, on the horizontal surface of a lot, parallel to the front, side and rear lot lines, and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title. (See end of this chapter for diagram.)

BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot and minimum required usable open space for the district in which such building is located.

BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.

BUILDING SETBACK LINE: A line parallel to the street line of a distance from it, regulated by the front yard requirements set up in this title. (See end of this chapter for diagram.)

BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

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

BUS LOT: Any lot or land area used for the storage or layover of passenger uses or motor coaches.

BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

CARPORT: An automobile shelter with two (2) or more sides open.

CELLAR: A story having more than one-half (1/2) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purposes of height measurement. (Ord. 1979-7, 6-25-1979)

CHILD: Any person under eighteen (18) years of age.

CHILDCARE FACILITY: Any person, group of persons, agency, association or organization which arranges for or cares for children unrelated to the operator of the facility, apart from the parents in any facility. Childcare facilities may be established for profit or not for profit. A childcare facility shall be subject to such special use conditions as to the number of children, the hours of operation and such other restrictions as may be imposed pursuant to the special use permit issued by the city council. (Ord. 1991-35, 11-25-1991)

CITY: The city of Plano.

CITY COUNCIL: The city council of the city of Plano.

CLINIC OR MEDICAL HEALTH CENTER: An establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates, practicing medicine together.

CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable local, federal, and state laws, and county ordinances. (Ord. 1979-7, 6-25-1979)

COMMERCIAL VEHICLES: Any motorized or towed contrivance whose primary purpose is to perform work of a commercial or business nature and not intended for basic transportation. This includes, but is not limited to, tractor trailers, delivery trucks, dump trucks, and excavation equipment of any type, and trailers used to transport any of the above. (Ord. 2006-40, 5-8-2006)

CONFORMING BUILDING OR STRUCTURE: A building or structure which:

   A.   Complies with all the regulations of this title or of any amendment hereto governing bulk of the district in which said building or structure is located; and

   B.   Is designed or intended for a permitted or conditional use as allowed in the district in which it is located.

COURT: An open, unoccupied space other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.

CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level". (Ord. 1979-7, 6-25-1979)

DAYCARE CENTER: Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for more than eight (8) children in a family home, or for more than three (3) children in a facility other than a family home. A daycare center shall be subject to such special use conditions as to the number of children, the hours of operation and such other restrictions as may be imposed pursuant to the special use permit issued by the city council. (Ord. 1991-35, 11-25-1991)

DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels". (Ord. 1979-7, 6-25-1979)

DECK: See definition of Porch, Open (Open Porch). (Ord. 1991-35, 11-25-1991)

DENSITY, GROSS: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site, to include streets, schools, parks, etc. Expressed as dwelling units per acre.

DENSITY, NET: A ratio of the total number of dwelling units on a site, divided by the number of acres used exclusively for a residential type acreage not to include schools, parks, streets, etc. Expressed as dwelling units per acre.

DISPLACEMENT (EARTH): The amplitude or intensity of an earthborn vibration (earth) measured in inches. The displacement or amplitude is one-half (1/2) the total earth movement.

DISTRICT: A section or part of the unincorporated portion of the city for which the use regulations are uniform.

DRIVE-IN ESTABLISHMENT: An establishment, or part thereof, in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises.

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

DWELLING, ATTACHED: A dwelling joined to two (2) other dwellings by party walls or vertical cavity walls and aboveground, physically unifying horizontal structural elements.

DWELLING, DETACHED: A dwelling which is surrounded on all sides by open space on the same lot.

DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, designed or altered for occupancy by three (3) or more families living independently of each other.

DWELLING, ONE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one family.

DWELLING, SEMI-DETACHED: A dwelling joined to one other dwelling by party wall or vertical cavity wall and above ground, physically unifying horizontal structural elements.

DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units for occupancy by two (2) families.

DWELLING UNIT: One or more rooms in a residential structure which is arranged, designed, used or intended for use by one family, plus not more than four (4) lodgers, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.

EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

EQUIVALENT OPACITY: The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray.

ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component.

ESTABLISHMENT, BUSINESS: A separate place of business having the following three (3) characteristics:

   A.   The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.

   B.   Direct public access to such business establishment is separate and distinct from direct access to any other business establishment.

   C.   There is not direct public access from within such establishment to any other such establishment.

When adjacent places of business lack one of the aforesaid characteristics with respect to one another, they shall then be considered as a single "business establishment" for the purpose of this Title.

FALLOUT SHELTER: An accessory building and use which incorporates the fundamentals for fallout protection-- shielding mass, ventilation, and space to live--and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radioactive fallout.

FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including clubs, sororities, fraternities or other similar organizations.

FENCE: A structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.

FENCE, OPEN: A fence which has over its entirety at least fifty percent (50%) of the surface area in open space as viewed at right angles from the fence; except that the required open space in louver-type fences may be viewed from any angle.

FENCE, SOLID: A fence which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.

FLOOD CREST ELEVATION: The elevation of the highest flood level that has been or may be subsequently designated by the City Planning Consultant and/or City Engineer. The flood crest elevation designated by the City Planning Consultant and/or City Engineer shall be based upon a storm water drainage map showing flood crest elevations of appropriate locations as approved by the City Council.

FLOOD PLAIN AREA: That continuous area adjacent to a stream or stream bed, or any storm water retention area and its tributaries, whose elevation is equal to or lower than the flood crest elevation, including also land having an elevation higher than flood crest elevation but less than ten (10) acres in area and surrounded by land in a flood plain area or an area of such elevations secured by land fill projecting into a flood plain area.

Any point shall be deemed to be within the flood plain area if it falls below the elevation of a high-water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the aforedescribed projections of any two (2) high-water marks shall be deemed within the flood plain area if it is at an elevation equal to or lower than similar projections of the interpolated flood crest elevation. The interpolated flood crest elevation is the calculated elevation of the flood crest at the center line of the stream between two (2) known flood crests of the nearest upstream and downstream high-water marks; and the difference in elevation between the flood crest at this location and at either of the high-water mark projections is directly proportional to the difference in stream center line distance between the two (2) high-water mark projections.

FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the center lines of walls separating two (2)buildings. The "floor areas" shall also include the horizontal areas on each floor devoted to:

   A.   Elevator shafts and stairwells.

   B.   Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers.

   C.   Habitable attic space as permitted by the Building Code of the City.

   D.   Interior balconies and mezzanines.

   E.   Enclosed porches.

   F.   Accessory uses.

The "floor area" of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet (10') of structure height and if such structure measures less than ten feet (10') but not less than five feet (5') over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area".

"Floor area", when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas to the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimension shall be taken from the exterior of the walls.

FLOOR AREA RATIO: The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot. (See end of Chapter for Diagram)

FLOOR AREA, USABLE: Any floor area within outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open porches and accessory buildings, but including any area "roughed in" but not completed which is designed and intended for human occupancy.

FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candlepower.

FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distant over one square has a brightness of one foot-lambert.

FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

FUEL BULK STATION: A place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or other flammable liquid which has a flash point at or below two hundred degrees (200o) Fahrenheit (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than eight thousand (8,000) gallons, regardless of whether the fuel is stored above the ground, underground or in mobile tank cars or trucks.

GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses, or motor coaches used in public transportations, excluding school buses.

GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on; provided, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five (5) tons.

GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and/or stored for compensation.

GRADE: The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions, as determined by the building inspector, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.

GROUND FLOOR AREA: The lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.

GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.

HOME OCCUPATION: A business, profession, occupation or trade conducted for gain entirely within a residential building, or when permitted by this title, within a structure that is accessory to a residential building.

In all residence districts, any customary home occupation shall be permitted provided that:

   A.   It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes.

   B.   It is not conducted from a detached or attached accessory building or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth (1/4) of the floor area of a story including also a cellar of the dwelling is devoted to such home occupation.

   C.   There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling, except one nameplate, no more than one square foot in area which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated, shall be permitted.

   D.   It is conducted by only a member of the family residing on the premises, plus only one additional person, whether or not a member of such family.

   E.   No mechanical equipment is used, except such as is customarily used for purely domestic or household purposes.

   F.   No stock in trade is kept or sold, including also such as are made on the premises, or services rendered on the premises that require receipt or delivery of merchandise, goods or equipment by other than U.S. letter carrier mail service or the passenger automobile of the person conducting the home occupation. (Ord. 1979-7, 6-25-1979)

   G.   (Rep. by Ord. 2003-28, 6-23-2003)

   H.   All provisions of section 5-3-12 of this title are complied with.

HOSPITAL OR SANITARIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty four (24) hours in any week, of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used in this title does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.

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

HOTEL, MOTEL, INN or AUTO COURT: An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms and ancillary retail uses provided access to such uses are from the exterior of the principal use.

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

IMPACT NOISE: A short duration sound such as those from a forging hammer or punch press.

INCOMBUSTIBLE: A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees (1200o) Fahrenheit.

INSTITUTION: A building occupied by a not-for-profit corporation wholly for public or private use.

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

JUNKER: An automobile, truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable, or such a vehicle which does not comply with State or County laws or ordinances for vehicles.

KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than four (4) dogs, cats and other household domestic animals, over four (4) months of age, are kept for sale, or on which more than two (2) such animals are boarded for compensation.

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

LAUNDERETTE: A business that provides coin-operated self-service types washing, drying, dry-cleaning and ironing facilities, providing that:

   A.   Not more than four (4) persons, including owners, are employed on the premises; and

   B.   No pick-up or delivery service is maintained.

LOADING and UNLOADING SPACE, OFF-STREET: An open, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, thirty five feet in length and fourteen feet in height (10' x 35' x 14'), exclusive of access aisles and maneuvering space.

LODGING or ROOMING HOUSE: A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or overnight guests.

LOT: A parcel of land legally described as a distinct portion or piece of land of record.

LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines.

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135o) or less. (See end of this Chapter for Diagram)

LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings. (See end of this Chapter for Diagram)

LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured with the lot boundaries. (See end of this Chapter for Diagram)

LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public or private streets; for a corner lot the front shall be the narrowest side edge of the lot fronting on a street; provided, that the owner may orient his building toward either street.

LOT INTERIOR: A lot other than a corner lot or reversed corner lot. (See end of this Chapter for Diagram)

LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.

LOT LINE, FRONT: The front property line of a zoning lot. (See end of this Chapter for Diagram)

LOT LINE, INTERIOR: A side lot line common with another lot.

LOT LINE, REAR: The lot line or lot lines most nearly parallel to and more remote from the front lot line. (See end of this Chapter for Diagram)

LOT LINE, SIDE: Lot lines other than front or rear lot lines. (See end of this Chapter for Diagram)

LOT OF RECORD: A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the Recorder.

LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. (See end of this Chapter for Diagram)

LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines. (See end of this Chapter for Diagram)

LOT WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area. (See end of this Chapter for Diagram)

LOT, ZONING: A plot of ground made up of one or more parcels which are or may be occupied by a use, building or buildings, including the yards and open spaces required by this Title.

MANUFACTURING ESTABLISHMENT: An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.

MARQUEE or CANOPY: A rooflike structure of a permanent nature which projects from the wall of a building or overhangs the public way and is designed and intended to protect pedestrians from adverse weather conditions.

MOBILE HOME: A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross area of two hundred twenty (220) square feet or more.

MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen flush toilet and shower or bath; and such park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale; except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale.

MOTELS, MOTOR LODGES, TOURIST COURTS: A group of attached or detached buildings containing individual sleeping and living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges, but not including mobile homes.

MOTOR FREIGHT TERMINAL: A building in which freight brought to said building by motor truck is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

MOTOR VEHICLE: A passenger vehicle, truck, truck-trailer, trailer, or semi- trailer propelled or drawn by mechanical power.

NAMEPLATE: A sign indicating the name and address of a building or the name of an occupant thereof, and the practice of a permitted occupation therein.

NONCONFORMING USE: Any building, structure or land lawfully occupied by use or lawfully established at the effective date hereof which does not conform after the effective date hereof with the use regulations of this Title.

NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

NURSERY SCHOOL or DAY NURSERY: An institution providing care for three (3) or more children under the age of seven (7) years for periods of more than four (4) hours but not exceeding twenty four (24) hours.

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

OBSTRUCTION: An obstacle, impediment or hindrance.

OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals. (American Standard for Sound-Level Meters/A.S.A.-No. 224.3-1944)

ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)".

ODOROUS MATTER: Any material that produces an olfactory response among human beings.

OFFICE: A place, such as a building room or suite, in which services, clerical work, professional duties or the like are carried out.

OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, etc., and for the storing of same prior to sale.

PARCEL DELIVERY STATION: A building in which commodities, sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.

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

PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (11/2) ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than one hundred ninety (190) square feet (nine and one-half feet by twenty feet [91/2' x 20']), exclusive of access drives, aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) ton capacity.

PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures. (Ord. 1979-7, 6-25-79)

PATIO: A concrete or stone platform level on earth without frost line protection or roofing or vertical structural components. (Ord. 1991-35, 11-25-91)

PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

PLAN COMMISSION: The Plan Commission of the City.

PLANNED DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned manufacturing developments which shall be at least ten (10) acres in area.

PORCH: A roofed over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part. (Ord. 1979-7, 6-25-1979)

PORCH, ENCLOSED (ENCLOSED PORCH): A potentially habitable addition to the main structure projecting or extending out from the wall or walls of a main structure and integrated by roof into the main structure containing wall framing and foundation extending below frost line and providing shelter by means of roof, walls, windows and/or screens.

PORCH, OPEN (OPEN PORCH): A nonhabitable structure projecting out from and/or extending out from the wall or walls or the floor of a main structure, open to the weather, without roof, having open flooring aboveground and supported by piers (sometimes commonly referred to as a "deck"). An open porch does not contain doors or windows. (Ord. 1991-35, 11-25-1991)

PREFERRED FREQUENCIES: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA standard N.S1.6-1960, "preferred frequencies for acoustical measurements".

PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use.

PUBLIC OPEN SPACE: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

PUBLIC UTILITY: Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, sewers, transportation or water.

RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc. (Ord. 1979-7, 6-25-1979)

RECREATIONAL VEHICLES: Any motorized or towed contrivance whose primary purpose is recreational activities, and not intended for basic transportation. This includes, but is not limited to, camping trailers, motor homes, boats, snowmobiles, jet skis, two (2), three (3), and four (4) wheel off road motorized vehicles, and trailers used to transport any of the above. (Ord. 2006-40, 5-8-2006)

REFUSE: All waste products resulting from human habitation, except sewage.

RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

RESIDENCE: The act or condition of residing or dwelling in a place.

REST HOME: See definition of Nursing Home Or Rest Home.

RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals, where permitted by local option.

RINGELMANN CHART: A chart which is described in the "U.S. Bureau Of Mines Information Circular 6888", and on which are illustrated graduated shades of grey for use in estimating the light obscuring capacity of smoke.

RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission.

ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles.

RUNWAY: A strip or area of pavement used exclusively for the landing and taking off of aircraft, or for the movement of vehicles incidental to such use. (Ord. 1979-7, 6-25-1979)

SATELLITE TELEVISION ANTENNA AND SATELLITE DISHES: An accessory structure whose purpose is to receive communications, electromagnetic waves or other signals from satellites and other extraterrestrial sources. (Ord. 1987-15, 8-10-1987)

SCHOOL: Elementary, high or college, public or private, or nonprofit junior college, college or university, other than trade and business schools, including instructional and recreational uses and school bus garages, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

SETBACK, ESTABLISHED: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the "established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title.

SETBACK LINE, BUILDING: See definition of Building Setback Line.

SIGN: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, tree, rock or other object or piece of land, and which directs attention to an object, product, place, activity, persons, institutions, organization or business.

However, a sign shall not include any display or official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.

SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed.

SIGN, BUSINESS: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located or to which it is affixed.

SIGN, CHURCH BULLETIN BOARD: A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.

SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such is in use. Any revolving, illuminated sign shall be considered a flashing sign.

SIGN, GROSS SURFACE AREA OF: A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

SIGN, IDENTIFICATION: A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.

SMOKE: Small gasborne particles other than water that form a visible plume in the air.

SMOKE UNIT: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of "smoke units" observed during the total period under observation.

SOUND-LEVEL METER: An electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

SOUND PRESSURE LEVEL: The intensity of a sound measured in decibels mathematically described as twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.

SPECIAL USE: Any use of land or buildings, or both, described and permitted herein, subject to the provisions of Section 5-12-7 of this Title.

STABLE, LIVERY: Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horsedrawn livery or both.

STABLE, PRIVATE: Any building, which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.

STABLE, PUBLIC (Riding or Boarding Stable): A building and grounds which are designed, arranged, used or intended to be used for the storage, boarding, breeding of horses including accessory uses which may include riding and horsemanship instructions and the hire of riding horses.

STACKING REQUIREMENTS: For the purpose of this Title, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.

STAND, ROADSIDE: A structure for the display and sale of only agricultural products which are produced on the premises.

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

STORY, HALF: A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2') above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this Title. In the case of multiple-family dwellings three (3) or more stories in height, a half-story shall be counted as a story.

STREET: A way other than an alley which affords a primary means of access to abutting property.

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

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

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

TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. (Ord. 1979-7, 6-25-1979)

TEMPORARY LIGHTWEIGHT STRUCTURES: Any structure with open sides or comprised of a flexible wall and/or roof skin, over a lightweight framing system, without a solid foundation. A prime criteria for determining what is a temporary lightweight structure shall be said structure's ability to be erected or taken down within a twenty four (24) hour period. Temporary lightweight structures can include, but are not limited to: tents of all types, sun shades other than umbrellas, carports, vendor's stands, sales booths and gazebos. (Ord. 2006-49, 6-26-2006)

TERRACE, OPEN: A level and rather narrow plane or platform which, for the purpose of this title, is located and adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground. (Ord. 1979-7, 6-25-1979)

TITLE: Reference to title herein shall be construed to be the city of Plano zoning ordinance. (1989 Code)

TOURIST COURTS, MOTOR LODGES: A group of attached or detached buildings containing individual sleeping or living units, designed, with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges or other similar type uses.

TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests.

TOURIST PARK: A parcel or tract of land containing facilities for locating two (2) or more travel trailers or mobile homes, and for use only by transients remaining less than three (3) months, whether or not a charge is made. An open sales lot in which automobiles or unoccupied trailers are parked for the purpose of inspection or sale is not included in a tourist park.

TOXIC MATERIALS: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health. (Ord. 1979-7, 6-29-1979)

TRAILER: Any vehicle or portable structure constructed so as to permit occupancy thereof, for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade or occupation and which may be used for a conveyance on streets and highways by its own or other motive power, whether or not defined under Illinois law as requiring licensing as a recreational vehicle, recreational trailer, or otherwise. (Ord. 1986-12, 6-23-1986)

TRAILER CAMP OR PARK: Any premises occupied by or designed to accommodate two (2) or more automobile house trailers or mobile homes, or the parking of two (2) or more trailers for business or storage purposes. (Ord. 1979-7, 6-29-1979)

TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet, whether or not defined under Illinois law as requiring licensing as a recreational vehicle, recreational trailer, or otherwise. (Ord. 1986-12, 6-23-1986)

TRAILER, HOUSE OR MOBILE HOME: Any "trailer" as defined herein used for residential purposes. (Ord. 1979-7, 6-29-1979)

TRAILER, TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty (130) square feet or more but less than two hundred twenty (220) square feet, whether or not defined under Illinois law as requiring licensing as a recreational vehicle, recreational trailer, or otherwise. (Ord. 1986-12, 6-23-1986)

TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half (11/2) tons in capacity.

USABLE OPEN SPACE: Ground area of a lot, landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which:

   A.   Is not devoted to public or private roadways or driveways, and off street parking and loading;

   B.   Is accessible and available only to occupants of dwelling units on the premises, except balconies;

   C.   Is not covered by building; except not more than five percent (5%) of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises;

   D.   Has not less than ten feet (10') at its narrowest dimension between either a lot line and an area not qualifying as usable open space; and

   E.   Is developed, landscaped and maintained suitably for pedestrian, recreational and leisure use.

USE: The purpose for which land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

USE, CONDITIONAL: A use that has unusual operational, physical or other characteristic uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title.

USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this title or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements as existing at the effective date hereof for the structure or land that is being examined.

USE, NONCONFORMING: See definition of Nonconforming Use.

USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and when applicable, performance standards of this title for the district in which such use is located.

USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use.

VENDING MACHINE: A machine for dispensing merchandise or services designed to be operated by the customer.

VIBRATION: The periodic displacement, measured in inches, of earth at designated frequency, cycles per second.

YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title.

YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the front yard line. (See end of this chapter for diagram.)

YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such side yard from another lot.

YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure, or other obstruction shall not encroach into the area between the "yard line" and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this title.

YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear yard line. (See end of this chapter for diagram.)

YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line. (See end of this chapter for diagram.)

YARD, SIDE; ADJOINING A STREET: A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line.

ZONE: A "district", as defined in this section.

ZONING BOARD OF APPEALS: See title 2, chapter 2 of this code.

(Ord. 1979-9, 6-25-79)

   A.   Use: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified in the district in which it is located.

   B.   Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located; except, that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city.

   C.   Maintenance Of Yards, Courts And Other Open Spaces: The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

   D.   Division Of Zoning Lots: No zoning lot improved with a building or buildings shall hereafter be divided into two (2) or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each division or sale and improved with a building or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located.

   E.   Location Of Required Open Space: All locations of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group, except as otherwise permitted in planned development and planned open spaces.

   F.   Required Yards For Existing Buildings: No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this title for equivalent new construction, except as provided in section 5-9-7 of this title.

   G.   Permitted Obstructions In Required Yards: The following shall not be considered to be obstructions when located in the required yards specified:

      1.   In All Required Yards: In all required yards, the following shall be permitted: (Ord. 1979-7, 6-25-1979)

         a.   Open terraces not over four feet (4') above the average level of the adjoining ground, decks and open porches but not including a permanently roofed over terrace or porch; (Ord. 1991-35, 11-25-1991)

         b.   Awnings and canopies; steps, four feet (4') or less above grade, which are necessary for access to a zoning lot from a street or alley;

         c.   Chimneys, projecting twenty four inches (24") or less into the yard;

         d.   Recreational and laundry drying equipment (rear yard only);

         e.   Arbors and trellises; and

         f.   Flagpoles.

      2.   In Front Yards: One-story bay windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the required yard.

      3.   In Rear Yards:

         a.   Enclosed, attached, or detached off-street parking spaces.

         b.   Open off-street parking spaces.

         c.   Accessory shed, tool rooms, and similar buildings or structures for domestic or agricultural storage.

         d.   Balconies, breezeways and open porches, one-story bay windows projecting three feet (3') or less into the required yards, overhanging eaves and gutters projecting three feet (3') or less into the required yard. (Ord. 1979-7, 6-25-79)

         e.   In Any Residence District: For all lots platted prior to the effective date of this amendment, no accessory building shall be nearer than five feet (5') to the side and rear lot line nor nearer than five feet (5') to any principal building on an adjoining lot; for all lots platted after the effective date of this amendment, no accessory building shall be nearer than ten feet (10') to the side and rear lot line nor nearer than ten feet (10') to any principal building on an adjoining lot. (Ord. 1992-24, 10-26-92)

      4.   In Side Yards: Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding thirty inches (30"). (Ord. 1979-7, 6-25-79)

      5.   Fences:

         a.   General Fence Provisions: A fence is defined by Municipal Code as a structure and requires a building permit.

         A fence, including all posts, bases and other structural parts, shall be located completely within the boundaries of the lot on which it is located.

         All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected.

         Hereinafter, stockade fences will no longer be permitted in any zoning district.

         Fences placed, erected or maintained in any easement area must be approved by the Director of Public Works or his designee. A vertical clearance of four inches (4") must be maintained in any drainage easement. In the event, City shall by its staff or Council determine it necessary to excavate or have access across the easement premises, the owner shall remove the fence at City's direction and in the event of the failure thereof, the City may remove the same at the owner's expense and City shall not be required to replace the same.

         It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the fence in good repair at all times. If a fence is found to be in a deteriorated condition and/or in need of repair, the Building and Zoning Administrator/ Inspector or his authorized agent may order the fence to be repaired, replaced or removed depending upon the condition of the fence. Such order shall be in writing. (Ord. 1992-11, 5-26-92)

         b.   Residential Districts: Fences in residential districts may be erected, placed and maintained in a rear yard or interior side yard to a height not exceeding six feet four inches (6'4") above the finished grade. (Ord. 1993-22, 8-23-93)

         No fence shall be erected, placed or maintained in a front yard setback area except fences of ornamental nature, such as split-rail, wrought iron or open-spaced picket fence, all of which shall not exceed four feet (4') in height.

         No fence shall be located closer than twelve inches (12") to a public sidewalk.

         A solid or closed fence may be erected, placed and maintained adjoining or adjacent to paved patios or terrace areas to a maximum height of six feet (6'), and to a maximum height of eight feet (8') adjoining or adjacent to swimming pools; provided, however, that such fences shall be located not nearer than five feet (5') to the nearest lot line and shall in no event be located within any required front yard.

         c.   Business Districts: Open mesh and wrought iron type fences may be erected, placed and maintained in the required front yard and corner side yard setbacks to a maximum height of six feet (6') except that on corner lots fences shall be no higher than four feet (4') above the centerline grade of the intersecting streets if located in a portion of a required front yard or side yard situated within a triangle with the two (2) sides paralleling the abutting streets being no more than twenty feet (20') each from the corner of the lot formed by the intersection of the two (2) street rights of way abutting the lot.

         d.   Manufacturing Districts And Commercial Districts (Business): Fences in manufacturing districts may be erected, placed and maintained to protect storage areas and parking areas. Such fence shall not exceed eight feet (8') in height above finished grade. Open fences adjoining residentially zoned property shall be screened with berming and/or landscaping.

         e.   Fences For Public Or Private Utility Facilities And Other Public Uses: Fences for security or screening purposes may be installed on the property of any public or private utility facilities in any yard in any zoning district to maximum height of ten feet (10'). (Ord. 1992-11, 5-26-1992)

   H.   Corner Clearance: There shall be no material obstructions to vision on any corner lot between a height of two feet (2') and a height of ten feet (10') above the finished grade of either street within a forty foot (40') triangle formed by the intersecting street lines. (Ord. 1979-7, 6-25-1979)

   A.   Lots Or Parcels Of Land Of Record: Any single lot or parcel of land, which was of record (platted) as of June 25, 1979, that does not meet the current requirements for minimum lot width and area, may be utilized for a permitted use, provided that:

      1.   Said lot has a width of not less than sixty feet (60');

      2.   Said lot has minimum lot area of seven thousand two hundred (7,200) square feet;

      3.   No building(s) on any adjoining lot, which lot was in common ownership as of June 25, 1979, encroaches onto the lot in question, and no principal building on either of the lots is located closer than ten feet (10') to the lot line (for an accessory building 5 feet), thus maintaining a minimum side yard of ten feet (10') and a minimum rear yard of ten feet (10'), when the rear yard abuts the adjoining lot;

      4.   The minimum side yard and/or rear yard setbacks for new construction shall be met, provided, however that the minimum building separation between any building or buildings on adjoining lots and any building or buildings on the lot in question shall be not less than twenty feet (20'); and

      5.   The city shall have no obligation to extend water or sewer lines to service lots, which, by reason of this section, now qualify for the issuance of building permits, and the expense of the extension of water or sewer lines to service the lot shall be at the sole cost and expense of the owner. (Ord. 2005-45, 9-12-2005)

   A.   Residential Buildings: Except as otherwise provided for in this title, every residential building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof.

   B.   Business And Manufacturing Buildings: Access for all business and manufacturing buildings shall be similar to subsection A of this section and shall also be subject to the full requirements of subsection 5-7A-6B of this title. (Ord. 1979-7, 6-25-1979)

Except in the case of a planned development, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 1979-7, 6-25-1979)

   A.   Location and Height:

      1.   Accessory buildings, structures and uses shall not be erected or altered in required yards, courts or other open areas, except those that are herein permitted as obstructions in yards, courts or other open areas.

      2.   Except as herein otherwise required for a specific accessory use, detached accessory buildings, as herein permitted as obstructions in required rear yards, shall:

         a.   Be not more than one story or fifteen feet (15') in height, whichever is lower;

         b.   Cover not more than thirty percent (30%) of the area of the rear yard; and

         c.   Be located not less than ten feet (10') from a lot line of adjoining lots, except:

            (1)   On corner lots, not nearer to the rear lot line than the distance of the required side yard for the lot adjoining the rear lot line and not nearer to the side street line than the distance required for a side yard adjoining a street, or in the case of a reverse corner lot, the required front yard on such lot adjoining the rear lot line;

            (2)   On through lots that do not have a rear lot line adjoining a no access strip, not nearer to the rear lot line adjoining a street than the distance required for a front yard; and

            (3)   Provided, however, that for residential lots in the R-5 zoning district platted prior to October 10, 1992, and for lots in the R-6 duplex zoning district, the ten foot (10') restriction imposed hereunder shall be reduced to five feet (5').

      3.   No detached or attached accessory building hereafter erected or altered shall project nearer to a lot line adjoining a street than the distance equivalent to the shortest distance between such lot line and the nearest wall of the principal building, except an attached private garage may project nearer to a lot line adjoining a street.

   B.   Time Of Construction: No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

   C.   Use Restrictions: Except as herein permitted for a specific permitted use, accessory buildings or structures shall not be used for the keeping of livestock, poultry and/or rabbits, whether or not for profit, unless said buildings or structures are located fifty feet (50') from side or rear lot lines and provided further that there shall be not more than one livestock for each twenty thousand (20,000) square feet of lot area with a minimum lot area of one acre.

   D.   Satellite Television Antennas And Satellite Dishes:

      1.   Residential Locations: In residential districts, no satellite television antenna or satellite dish shall be located in any front or side yard nor shall any such satellite television antenna or satellite dish be attached or located upon or on top of any structure.

      2.   Business, Office Or Manufacturing Locations: In business, office or manufacturing districts, satellite television antennas or satellite dishes may be located within side yards and within front yards, provided that such antennas are located in conformance with the setback requirements of the applicable zoning district; provided, however, that in business, office or manufacturing districts, where there is insufficient yard area, such antenna may be located on the roof of the business, office or manufacturing structure.

      3.   Setbacks: All parts of antennas or satellite dishes shall be located at least five feet (5') from any side or rear lot line in residential districts and at least five feet (5') from any side or rear lot line or front yard setback line in business, office or manufacturing districts. Any antenna or satellite dish installed on the roof in a business, office or manufacturing district shall be located and installed, as nearly as possible, in the center of the roof.

      4.   Grade Level And Diameter: In residential districts, satellite dishes shall not be located more than fifteen feet (15') above grade, and shall not exceed eleven feet (11') in diameter.

      5.   Application; Permit: In all districts, a building permit shall be obtained prior to the erection or placement of an antenna or satellite dish. The application for such permit shall contain at a minimum the following information:

         a.   The name and address of the record owner of the real estate.

         b.   Street address of the real estate.

         c.   Site plan (can be hand drawn) showing the proposed placement site with distances from side to side and rear lot lines and in business and manufacturing districts the distance from side and rear lot lines and in the case of front yard placement, the location of the front yard setback line.

         d.   Dimensions of the antenna or dish, including height and diameter.

         e.   Electrical installation specifications.

         f.   Footing or installation specifications. (Ord. 1979-7, 6-25-1979; amd. Ord. 1987-15, 8-10-1987; Ord. 1992-24, 10-26-1992; Ord. 2007-30, 8-27-2007; Ord. 2013-14, 6-10-2013; Ord. 2025-05, 3-24-2025)

   A.   Tents: Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreational purposes and located on the same residential zoning lot as a dwelling. (Ord. 2006-48, 6-26-2006)

   B.   Temporary Lightweight Structures: Use of temporary lightweight structures for religious, amusement and recreation, business or manufacturing purposes shall be permitted when a permit has been issued for such use by the Building and Zoning Administrator/Inspector. Said permits shall be at a cost of thirty five dollars ($35.00) and are good for a period not exceeding seven (7) days. Permits may be renewed upon application, for one (1) additional seven (7) day period.

      1.   Haunted houses or special amusement buildings as defined by NFPA 101 - the Life Safety Code, 2006 edition, shall comply with all applicable sections of said Life Safety Code. Submittal of such documentation as required to demonstrate Code compliance shall be a condition of permit issuance. As a minimum such documentation will include a dimensioned site/floor plan showing exits and exit lighting/signage, fire extinguisher locations and a description of construction materials. (Ord. 2015-4, 2-23-2015)

      2.   Temporary lightweight structures are not permitted in the R-6 Duplex, R-6AT Attached Residential, and R-7 General Residence (multi-family) Zoning Districts, with the exception of small tents (less than 100 square feet in area), which are allowed in the R-6 Duplex District only. (Ord. 2017-35, 8-14-2017)

   C.   Recreational Vehicles: Recreational vehicles may be parked or stored in the open when in the operation of a lawfully established principal use, and may be stored or parked on a lot containing a dwelling; provided that it shall be located rear of the building setback line on a paved, established driveway or paved accessory parking space, and no major repair, disassembly or rebuilding operations are conducted thereon. (Ord. 2006-48, 6-26-2006)

   A.   Required Fences And Walls:

      1.   A six foot (6') high fence or wall shall be constructed along the perimeter of all areas considered by the Plan Commission to be dangerous to the public health and safety.

      2.   When required by the Building and Zoning Administrator/Inspector, a six foot (6') high solid masonry wall shall be erected along the property line or zone boundary line to separate industrial and commercial districts or uses from abutting residential districts as follows:

         a.   Where the zone boundary is at a rear lot line which is not on a street, the wall shall be on the line.

         b.   Where the boundary is a side lot line, the wall shall parallel said side lot line and be reduced to three feet (3') in height in the area set forth as a required front yard for the abutting residential district. The wall paralleling the front property line shall be set back from said property line not less than ten feet (10') and the space between the wall and the front property line is to be landscaped and maintained.

         c.   Where the boundary is a street, the wall shall be set back from the property line a distance of ten feet (10'). The space between the wall and the property line is to be landscaped and maintained.

         d.   Where the boundary is an alley, the wall shall be on the property line along the alley.

      3.   Nothing in this subsection shall be deemed to set aside or reduce the requirements established for security fencing by either local, State or Federal law.

   B.   General Landscape Plan: A general landscaping plan shall be required for all business and manufacturing districts. The full requirements for this plan shall be as so outlined within subsection 5-7A-6D of this title. (Ord. 1979-7, 6-25-1979)

   A.   Existing Special Uses: Where a use is classified as a special use under this title and existed as a permitted use on June 25, 1979, it shall be considered a legal use, without further action of the City Council, the Zoning Administrator, the Board of Appeals or the Plan Commission.

   B.   Uses Not Specifically Permitted In Districts: When a use is not specifically listed in the sections devoted to "permitted uses", it shall be assumed that such uses are hereby expressly prohibited unless, by a written decision of the Plan Commission after request by the zoning administrator it is determined that said use is similar to and not more objectionable than uses listed. (Ord. 1994-16, 6-27-1994)

The following public utility uses are permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains and valves or other similar distributing equipment; provided, that the installation and location shall conform with the rules and regulations of applicable administrative authorities. (Ord. 1979-7, 6-25-1979)

   A.   Use Of Public Systems: Each use hereafter established which requires sewage and water facilities shall be served by public or community sewage and water systems.

   B.   Use Of Private Systems: However, such uses hereafter established on lots in areas that are not served with public sewerage or water systems may be served with individual sewage disposal systems or private wells, provided the city council shall:

      1.   Find, after receiving the recommendation of the plan commission, that it is impracticable to extend public or community sewer or water lines to serve the area; and

      2.   There is an irrevocable commitment by the owner of the lot that connections shall be made to a public or community sewerage or water system not less than six (6) months after such system has been installed or extended to serve the lot.

   C.   Installation Of Public And Private Systems:

      1.   Generally: Installation of individual sewage disposal systems and private wells or community sewerage and water systems shall be in accordance with standards and specifications set forth in applicable laws in the city 1 , county and state.

      2.   Lots Not Of Record, Additional Restriction: A lot that was not a lot of record on the effective date hereof, which is to be used for a single-family detached dwelling served with an individual sewerage disposal system shall have an area of not less than one acre and a width of not less than one hundred fifty feet (150'), or a greater area or width if required, to conform with regulations contained in this subsection. (Ord. 1979-7, 6-25-1979)

The performance standards for the M-1 manufacturing district as set forth in section 5-8-1 of this title, noise, smoke, odorous matter, vibration, toxic or noxious matter, glare or heat, fire and explosive hazards, shall also apply to all residence or business districts. (Ord. 1979-7, 6-25-1979)

   A.   Authorization: Any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.

   B.   Use Limitations: In addition to all of the use limitations applicable in the district in which a home occupation is located, no home occupation shall be permitted unless it complies with the following restrictions in all residence districts: (Ord. 1979-7, 6-25-1979)

      1.   (Rep. by Ord. 2003-28, 6-23-2003)

      2.   There shall be no manufacturing or processing of any sort. (Ord. 1979-7, 6-25-1979)

      3.   (Rep. by Ord. 2003-28, 6-23-2003)

      4.   No wholesale, jobbing or retail business shall be permitted unless sales are conducted entirely by mail or telephone and the business does not involve the receipt, shipment, delivery or storage of merchandise on or from the premises.

      5.   There shall be no alteration of the principal residential building which changes the character thereof as a dwelling.

      6.   No more than twenty five percent (25%) of the area of one story of a single-family dwelling, nor more than twenty percent (20%) of the area of any other dwelling unit, shall be devoted to the home occupation.

      7.   No mechanical or electrical equipment may be used, except such types as are customary for purely domestic, household or hobby purposes.

      8.   There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation.

      9.   The home occupation shall be conducted entirely within the principal residential building or in a private garage accessory thereto.

   C.   Permitted Home Occupations: Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation shall be subject to the requirements of Section 5-2-3 of this Title, definition of home occupation and subsection B of this Section:

      1.   Dressmakers, seamstresses and tailors.

      2.   Music teachers, but regular instruction shall be limited to one pupil at a time, except for occasional groups.

      3.   Artists, sculptures and authors or composers.

      4.   Office facilities for architects, engineers, lawyers, insurance agents and members of similar professions.

      5.   Offices of duly ordained leaders of a religious or spiritual community.

      6.   Office facilities for real estate and other salesmen, sales representatives and manufacturers representatives, when no retail or wholesale transactions are conducted on the premises.

      7.   Homecrafts, such as model-making, rug-weaving, lapidary work and cabinet making; provided, however, that no machinery or equipment shall be used or employed other than that which would customarily be incidental to residential occupancy. Such machinery or equipment shall include that which would customarily be employed in connection with a hobby or avocation not conducted for gain or profit.

   D.   Prohibited Home Occupations: The following uses are prohibited in residential districts:

      1.   Barber shops and beauty shops, unless specifically permitted by the district regulations.

      2.   Dancing schools.

      3.   Funeral homes.

      4.   Nursery schools and daycare centers.

      5.   Restaurants.

      6.   Stables or kennels.

      7.   Tourist homes and lodging houses, unless specifically permitted by the district regulations.

      8.   Renting of trailers.

      9.   Medical or dental offices, clinics or hospitals.

      10.   Animal kennels or hospitals. (Ord. 1979-7, 6-25-79)

Airports and surrounding territory are subject to the rules and regulations of the State of Illinois, Department of Aeronautics and to the following:

   A.   Height of structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the State of Illinois, Department of Aeronautics shall be in accordance with the requirements set forth in the approach plan.

   B.   Height of structures in areas ten thousand (10,000) lineal feet beyond the boundaries of airports that do not have an established approach plan shall be governed by the following:

      1.   For an airport having the longest runway less than three thousand nine hundred fifty (3,950) lineal feet in length, structures located just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height, and for every two hundred (200) lineal feet of additional distance from the airport boundaries, the height of structures may be increased by not more than ten feet (10').

      2.   For an airport having a runway of three thousand nine hundred fifty (3,950) lineal feet or more in length, structures just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height; and for every two hundred (200) lineal feet of additional distance from airport boundaries, the height of structures may be increased by not more than five feet (5'); and where a runway has been designated as an instrument runway, the height of structures may be increased by not more than four feet (4') in every two hundred (200) lineal feet of additional distance from airport boundaries, for the first ten thousand (10,000) lineal feet, and for the area covered in the next forty thousand (40,000) lineal feet, the height of structures may be increased by not more than five feet (5') in every additional two hundred (200) lineal feet.

   C.   Structures exceeding the limiting heights shall be considered obstructions to air navigation unless found not to be objectionable after special aeronautical study. Such structures may be specifically authorized as a variation after public hearing by the zoning board as provided by law. (Ord. 1979-7, 6-25-1979)

   A.   Construction of any privately owned permanent structure on public open space, including, but not limited to, parks, playgrounds, waterways, parkways and streets is prohibited.

      1.   Where rural (drive-up) mail delivery requires installation of a mailbox adjacent to a public street, the mailbox will be mounted to a temporary structure of light gauge metal or wood that will break away when struck by a vehicle.

      2.   Where is it desirable for mailboxes to be grouped for providing mail service to one point, as in a multi-family or a multiple business setting, then a privately owned permanent structure may be constructed as long as an off roadway approach, in conformance with United States postal service standards, is provided. (Ord. 2002-28, 8-26-2002)

   A.   A small solar energy system (output equal or less than twenty-five kilowatts (25 kW)) as classified by the Illinois Commerce Commission Title 83, Chapter 1c, Part 466 as a Level 1, or Level 3 with the same output as a Level 1 shall be a permitted use in all zoning districts subject to the following provisions:

      1.   Ground Mounted Small Solar Energy System:

         a.   Permitted Use: Ground mounted small solar energy systems shall be permitted as an accessory structure in all zoning districts.

         b.   Setbacks: A ground mounted small solar energy system with monopole support structure shall be set back at least one and one half (1 ½) times its total height from the interior and rear property line of the zoning lot on which it is located. A ground mounted small solar energy system without monopole support shall meet the required building setback for the zoning of the lot in which it is located.

         c.   Maximum Lot Coverage: When calculating the maximum lot coverage allowed by buildings and structures on a zoning lot, the surface area of ground mounted solar panel(s) shall be included.

         d.   Easement: No ground mounted small solar energy system shall be located within a platted easement.

         e.   Public Utility Lines: A ground mounted small solar energy system shall be set back at least one and one half (1 ½) times its total height or at least ten feet (10') from overhead utility lines.

         f.   Allowed Yards: No ground mounted small solar energy system shall be located within the front or corner side yard of any zoning lot.

         g.   Total Height: Ground mounted small solar energy system shall be limited to a maximum of ten feet (10') in total height.

         h.   Soil Conditions: A soil analysis may be required by the zoning officer as part of the building permit application and inspection process to confirm that the soils meet the minimum bearing capacity assumed by the structural design of the pole(s), support structure, and foundation.

         i.   Wiring: All electrical wires associated with a small solar energy system shall be buried according to the current applicable National Electrical Code.

      2.   Building Mounted Small Solar Energy System:

         a.   Permitted Use: Building mounted small solar energy system shall be permitted as an accessory use in all zoning districts.

         b.   Wiring: All electrical wires associated with a small solar energy system shall be enclosed in conduit or otherwise concealed so as to not be visible.

         c.   Setbacks: Building mounted small solar energy systems shall be set back in accordance with the International Residential Code in lots zoned Residential and in accordance with the International Building Code in lots zoned for Business or Manufacturing.

         d.   Height: Non-flush roof mounted systems shall not extend above the highest point of the roof plane on which they are mounted. For a horizontal (flat) roof plane, the roof mounted systems shall be flush-mounted.

         e.   Area: The solar collector panel surface area may equal the area of the roof plane to which they are attached, less required setbacks of the roof plane upon which the solar collector panels are mounted.

         f.   Building Code: A building mounted small solar energy system shall meet all weight and wind resistance requirements of applicable Building Codes. A building mounted small solar energy system shall not block required access.

      3.   General Requirements for Small Solar Energy System:

         a.   Building Permit: A small solar energy system requires a valid building permit prior to installation. Permit application shall include the following:

            (1)   Plat of survey and scaled dimensioned drawing of the zoning lot indicating all buildings existing and the proposed location of the small solar energy system.

            (2)   If the system is to be building mounted, a scaled, dimensioned building elevation plan depicting the existing conditions and the proposed small solar energy system. If the system is to be ground mounted, a scaled, dimensioned elevation drawing of the system.

            (3)   Detailed installation drawings and specifications for the system.

            (4)   Proof of certification that the system is in compliance with 83 Illinois Administrative Code 468.

            (5)   Proof that notification to the electric power company has been properly completed.

            (6)   UL listing or approved equivalent for all component parts of the small solar energy system.

            (7)   Must provide proof that property insurance covers solar panels.

         b.   Installation: The small solar energy system may be self-installed, installed by a certified installer, or an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended.

         c.   Energy Storage Equipment: All batteries and energy storage systems shall meet all applicable National Electrical Code and International Fire Code requirements as amended from time to time and shall be regulated as such.

         d.   Building Standards: Any owner/operator of a small solar energy system shall maintain said system in compliance with the standards contained in the current and applicable State or local Building Codes and any applicable standards for solar energy systems that are published by the International Residential Code, International Building Code, National Electrical Code and International Fire Code as amended from time to time.

         e.   Compliance: If, upon inspection, the zoning officer concludes that a solar energy system fails to comply with such codes and standards or constitutes a danger to persons or property, the zoning officer shall require immediate repair or removal of the system at the expense of the owner/operator.

         f.   Solar Easement: The City does not guarantee access to sunlight for a solar energy system. Owners/operators are encouraged to enter into a legal agreement with neighbors securing such access prior to the application for building permit. The City shall not be a party to a solar access agreement nor shall the City deny a building permit based solely on the project's potential for blocking an adjacent property's access to sunlight.

         g.   Color: All support structures for small solar energy systems shall be a monochromatic, neutral, and nonreflective color. Multiple solar collector panels shall be similar in design and color.

         h.   Style: When more than one solar collector panel is located on a zoning lot, the multiple solar collector panels shall be uniform in style.

         i.   Illumination: A small solar energy system shall not be artificially illuminated.

         j.   Positioning: A small solar energy system shall not create nuisance glare onto adjacent properties or public rights-of-way. A small solar energy system shall be fixed and nontracking.

         k.   Quantity: Multiple small solar energy systems are permitted per zoning lot; however, the systems shall be subject to the site and structure requirements of the zoning district in which it is located.

         I.   Abandonment of Small Solar Energy System: All abandoned or unused solar energy systems shall be deemed a nuisance after two (2) months of the cessation of operations unless an extension is approved by the City Council. The City may act to abate such nuisance and require removal of the system at the expense of the owner/operator. After the solar energy system is removed, the owner/operator shall restore the site to its original condition or to an approved improved condition within thirty (30) days of removal.

         m.   Damaged panels must be removed or replaced with panels similar in appearance and color within ninety (90) days of incurring the damage.

         n.   All equipment must be UL certified.

   B.   A Solar Garden Energy System (output between twenty-five kilowatts (25kW) and five megawatts (5MW)) as classified by the Illinois Commerce Commission Title 83, Chapter 1c, Part 466 as a Level 2, or Level 3 with the same output as a Level 2, shall meet the following minimum requirements in addition to any special use conditions that the City Council places on the required special use permit. A Solar Garden Energy System shall not be permitted in Residential Zoning districts.

      1.   Ground Mounted Solar Garden Energy System:

         a.   Security: A ground mounted solar garden energy system shall be enclosed by a self-locking eight foot (8') tall fence posted with warning signs at all gates. Where this fence abuts properties zoned exclusively for residential uses, a solid screening fence composed of wood, metal, or vinyl shall be installed.

         b.   Setback: A ground mounted solar garden energy system shall meet the building setback requirements of the zoning district in which the zoning lot is located.

         c.   Screening and Landscaping: Where a solar garden energy system is the principal use of the property, a screening berm with an average height of five foot (5'), as measured from the average established grade between the fence and lot lines, surrounding the perimeter of the solar garden energy system, shall be installed.

         d.   Slopes on berms shall not exceed a four to one (4:1) ratio and shall be planted with landscape materials at the following rate:

            (1)   One shade tree per fifty (50) linear feet, one and one-half inch (1 1/2") caliper measured twenty-four inches (24") above grade;

            (2)   One evergreen tree per fifty (50) linear feet, six foot (6') minimum height;

            (3)   Three (3) deciduous shrubs per fifty (50) linear feet, twenty-four inches (24") in height;

            (4)   Three (3) evergreen shrubs per fifty (50) linear feet, twenty-four inches (24") in height; and

            (5)   Three (3) ornamental trees may replace each one shade tree, six foot (6') minimum height.

         e.   Ornamental grass may replace the deciduous shrubs at a rate approved by the zoning officer.

         f.   All screening and landscaping must be maintained. Dead or dying tree, shrubs and bushes must be replaced within thirty (30) days of notice from the City.

         g.   Ground Cover: The site of a ground mounted solar garden energy system shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar arrays, with less than one percent (1%) open bare soil. Native prairie and pollinator supporting plants shall constitute a majority of the vegetative cover. Ground cover under and around solar panels must be maintained as to not exceed the lowest panel height. All other grass and ground cover must be maintained as to not exceed a height of eight inches (8"). The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater runoff. Top soil shall not be removed from the property during construction nor during operation of the facility.

         h.   The site of a ground mounted solar garden energy system which is an accessory structure on the property and abuts property zoned exclusively for residential uses shall be improved along the transition lot line with landscape materials at the same rate. These landscape materials shall be planted between the transition lot line and the required solid fence.

         i.   Special Use Permit Required: A ground mounted solar garden energy system is an accessory structure on a zoning lot. A special use permit shall be required as outlined in section 5-12-9 of the Plano City Code.

         j.   Panel Design: All panels shall be similar in design and color. All panels shall be improved with an antireflective coating and shall not create a nuisance glare. All panels shall be maintained at a uniform height.

         k.   Drainage: A stormwater detention and subsurface drainage system shall be maintained during construction and operation of the solar garden energy system. The owner/operator shall be responsible for repairing any damage to drain tiles and other drainage systems that result from construction, operation or maintenance of the solar garden energy system.

         I.   Electric Lines: All electric lines shall be buried per the current applicable National Electrical Code requirements.

         m.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the City, by requiring replacement trees:

            (1)   Existing trees, six inches (6") in diameter or greater, as measured four and one-half feet (4 ½') above grade, shall be preserved, when possible, according to a tree preservation plan with approval from the building and zoning officer or designee. The tree preservation plan shall show:

               (A)   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.

               (B)   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.

               (C)   The plan must show locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.

            (2)   Where it is determined that trees six inches (6"), as measured four and one-half feet (4 ½') above grade, or greater must be removed to allow for proposed development, tree replacement will be required:

               (A)   Not less than one (1) three-inch (3") caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured four and one-half feet (4 ½') above grade. However, in no instance shall more than three-inch (3") caliper replacement trees be required for any tree removed.

               (B)   Unless otherwise determined by City Council or zoning officer, replacement trees shall be in addition to any other required landscaping.

      2.   Building Mounted Solar Garden Energy System:

         a.   Setback: Building mounted solar garden energy systems shall be set back in accordance with the International Building Code in lots zoned for Business or Manufacturing.

         b.   Special Use Permit Required: A building mounted solar garden energy system is an accessory use on a zoning lot. A special use permit shall be required as outlined in section 5-12-9 of the Plano City Code.

         c.   Panel Design: Building mounted solar panels shall be fixed and non-tracking. Solar panels shall be improved with an anti-reflective coating and shall not produce nuisance glare. Solar panels may be installed on the building walls or as architectural features of the building, subject to City Council approval.

         d.   Wiring: All wiring shall be enclosed in conduit or buried within the building walls unless specifically approved by the City Council through the special use process.

      3.   General Requirements for Solar Garden Energy System:

         a.   Plan Submission: An application for special use for a solar garden energy system shall include the following minimum information:

            (1)   Plat of survey and scaled dimensioned drawing of the zoning lots indicating all buildings existing and proposed and the proposed location of the solar garden energy system and point of interconnection to public utility.

            (2)   Management plan describing how subscriptions will be marketed or how energy will be consumed for a private system.

            (3)   Detailed installation drawings and specifications for the system.

            (4)   Proof of certification that the system is in compliance with 83 Illinois Administrative Code 468.

            (5)   Proof that notification to the electric power company has been properly completed.

            (6)   Plan for demolition and site restoration at the end of life of the system.

            (7)   A copy of the agricultural impact mitigation agreement.

            (8)   Elevation drawing(s), artist rendering(s), or photographic depictions of how the solar garden facility will fit within the existing landscape.

            (9)   Stormwater management plan.

            (10)   Soil and wildlife conservation plan, which shall also include a determination on whether the installation of tunnels, culverts, bridges, fencing gaps and other devices are needed to allow for wildlife movement in and around fencing, and if so, the type(s) and location(s) of the installations.

            (11)   Landscape plan.

            (12)   Lighting plan.

            (13)   Noise management plan: The noise management plan shall include language indicating the solar garden energy system will be in compliance with Title 9, Chapter 7 of the Plano City Code.

            (14)   Foundation and/or racking plan developed by a professional engineer.

            (15)   UL listing or approved equivalent for all component parts of the solar garden energy system.

         b.   Installation: The solar garden energy system shall be installed by a certified installer or an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended.

         c.   Energy Storage Equipment: All batteries and energy storage systems shall meet all applicable National Electrical Code and International Fire Code requirements as amended from time to time and shall be regulated as such.

         d.   Building Standards: Any owner/operator of a solar garden energy system shall maintain said system in compliance with the standards contained in the current and applicable State or local Building Codes and any applicable standards for solar energy systems that are published by the International Residential Code, International Building Code, National Electrical Code and International Fire Code as amended from time to time.

         e.   Compliance: If, upon inspection, the zoning officer concludes that a solar garden energy system fails to comply with such codes and standards or constitutes a danger to persons or property, the zoning officer shall require immediate repair or removal of the system at the expense of the owner/operator.

         f.   Solar Easement: The City does not guarantee access to sunlight for a solar garden energy system. Owners/operators are encouraged to enter into a legal agreement with neighbors securing such access prior to the application for building permit. The City shall not be a party to a solar access agreement nor shall the City deny a building permit based solely on the project's potential for blocking an adjacent property's access to sunlight.

         g.   Abandonment: A decommissioning plan shall be approved by the City Council through the special use permit process. Prior to issuance of the special use permit, the owner/operator shall file a letter of credit or other financial surety instrument in an amount equal to one-hundred and twenty percent (120%) of the cost of decommission, as determined by a professional engineer's certified estimate, accepted by the City Engineer and approved by the City Council. Every three (3) years, the owner/operator shall file with the City an updated cost of decommission as determined by a professional engineer's certified estimate. If the updated cost of decommission is adjusted, the amount of the letter of credit or other financial surety instrument shall also be adjusted. The City may require an independent third-party verification of the cost of decommission at any time at the expense of the owners/operators. If the solar garden is abandoned and not properly decommissioned, the City shall utilize the funds to restore the property to the extent possible to its original or an improved condition.

         h.   Ownership: The City shall be notified in writing within thirty (30) days of any change in ownership, operation and/or management of the solar garden energy system or change in ownership of the property.

         i.   Aviation Protection: If a solar garden energy system is located within five hundred feet (500') of an airport or within approach zones of an airport, the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths shall be filed which indicates the proposed solar garden energy system will not result in ocular impacts.

   C.   A Solar Farm Energy System as classified by the Illinois Commerce Commission Title 83, Chapter 1c, Part 466 as a Level 4 (output between SMW and 10 MW), Part 467 as a Large Distributed Energy Resources Facility (output greater than 10 MW), or subject to the jurisdiction or interconnection requirements of either the Federal Energy Regulatory Commission (FERC) or the applicable Regional Transmission Organization (RTO) (either Midwest Independent Transmission System Operator, Inc. (MISC) or PJM Interconnection, LLC), shall meet the following minimum requirements in addition to any special use conditions that the City Council places on the required special use permit. A ground mounted Solar Farm Energy System shall only be permitted in districts zoned for Agriculture. A building mounted Solar Farm Energy System may be permitted as a special accessory use in lots zoned for Business or Manufacturing.

      1.   Ground Mounted Solar Farm Energy System:

         a.   Security: The solar farm energy system shall be enclosed by a self-locking eight-foot (8') security fence posted with warning signs and a knox box at all gates. Where this fence abuts properties zoned exclusively for residential uses, a solid screening fence composed of wood, metal, or vinyl shall be installed. An exemption from the solid screening fence requirement may be permitted by the City Council where the setback established for the solar farm from the transition lot line is at least five hundred feet (500').

         b.   Setback: A ground mounted solar farm energy system shall meet the building setback requirements of the zoning district in which the parcel is located.

         c.   Screening and Landscaping: A screening berm with an average height of five foot (5'), as measured from the average established grade within the required setback and adjacent to the security fencing, surrounding the perimeter of the solar farm energy system, shall be installed.

         d.   Slopes on berms shall not exceed a four to one (4:1) ratio and shall be planted with landscape materials at the following rate:

            (1)   One shade tree per fifty (50) linear feet, one and one-half inch (1 1/2") caliper measured twenty-four inches (24") above grade;

            (2)   One evergreen tree per fifty (50) linear feet, six foot (6') minimum height;

            (3)   Three (3) deciduous shrubs per fifty (50) linear feet, twenty-four inches (24") in height;

            (4)   Three (3) evergreen shrubs per fifty (50) linear feet, twenty-four inches (24") in height; and

            (5)   Three (3) ornamental trees may replace each one shade tree, six foot (6') minimum height.

         e.   Ornamental grass may replace the deciduous shrubs at a rate approved by the zoning officer.

         f.   All screening and landscaping must be maintained. Dead or dying tree, shrubs and bushes must be replaced within thirty (30) days of notice from the City.

         g.   Ground Cover: The site of a ground mounted solar farm energy system shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar arrays, with less than one percent (1%) open bare soil. Native prairie and pollinator supporting plants shall constitute a majority of the vegetative cover. Ground cover under and around solar panels must be maintained as to not exceed the lowest panel height. All other grass and ground cover must be maintained as to not exceed a height of eight inches (8"). The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater runoff. Top soil shall not be removed from the property during construction nor during operation of the facility.

         h.   Special Use Permit Required: A ground mounted solar farm energy system is an accessory structure on a zoning lot. A special use permit shall be required as outlined in section 5-12-9 of the Plano City Code.

         i.   Panel Design and Height: All panels shall be similar in design and color. All panels shall be improved with an anti-reflective coating and shall not create a nuisance glare. No components of a solar panel, cell or module shall exceed fifteen (15') above the ground at full tilt.

         j.   Drainage: A stormwater detention and subsurface drainage system shall be maintained during construction and operation of the solar farm energy system. The owner/operator shall be responsible for repairing any damage to drain tiles and other drainage systems that result from construction, operation, or maintenance of the solar farm energy system.

         k.   Electric Lines: Electric lines shall be buried to the maximum extent practicable, except for electric lines that must be located above-ground due to interconnection requirements.

         I.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the City, by requiring replacement trees:

            (1)   Existing trees, six inches (6") in diameter or greater, as measured four and one-half feet (4 ½') above grade, shall be preserved, when possible, according to a tree preservation plan with approval from the building and zoning officer or designee. The tree preservation plan shall show:

               (A)   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.

               (B)   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.

               (C)   The plan must show locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.

            (2)   Where it is determined that trees six inches (6") in diameter or greater, measured four and one-half feet (4 ½') above grade, must be removed to allow for proposed development, tree replacement will be required:

               (A)   Not less than one (1) three-inch (3") caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured four and one-half feet (4 ½') above grade. However, in no instance shall more than three (3) three-inch (3") caliper replacement trees be required for any tree removed.

               (B)   Unless otherwise determined by City Council or zoning officer, replacement trees shall be in addition to any other required landscaping.

      2.   Building Mounted Solar Farm Energy System:

         a.   Setback: Building mounted solar farm systems shall be set back in accordance with the International Building Code in lots zoned for Business or Manufacturing.

         b.   Special Use Permit Required: A building mounted solar farm energy system is an accessory use on a zoning lot. A special use permit shall be required as outlined in section 5-12-9 of the Plano City Code.

         c.   Panel Design: Building mounted solar panels shall be fixed and non-tracking. Solar panels may be installed on the building walls or as architectural features of the building, subject to City Council approval. Panels shall be improved with an antireflective coating and shall not create a nuisance glare.

         d.   Wiring: All wiring shall be enclosed in conduit or buried in the building walls unless specifically approved by the City Council through the special use process.

      3.   General Requirements for Solar Farm Energy System:

         a.   Plan Submission: An application for special use for a solar farm energy system shall include the following minimum information:

            (1)   Plat of survey and scaled dimensioned drawing of the zoning lots indicating all buildings existing and the proposed location of the solar farm energy system and electric distribution lines.

            (2)   Management plan describing how subscriptions will be marketed or how energy will be consumed for a private system.

            (3)   Detailed installation drawings and specifications for the system.

            (4)   Proof of certification that the system is in compliance with 83 Illinois Administrative Code 468.

            (5)   Proof that notification to the electric power company has been properly completed.

            (6)   Plan for demolition and site restoration at the end of life of the system.

            (7)   A copy of the agricultural impact mitigation agreement.

            (8)   Elevation drawing(s), artist rendering(s), or photographic depictions of how the solar farm system will fit within the existing landscape.

            (9)   Stormwater management plan.

            (10)   Soil and wildlife conservation plan, which shall also include a determination on whether the installation of tunnels, culverts, bridges, fencing gaps and other devices are needed to allow for wildlife movement in and around fencing, and if so, the type(s) and location(s) of the installations.

            (11)   Landscape plan.

            (12)   Lighting plan.

            (13)   Noise management plan: The noise management plan shall include language indicating the solar farm energy system will be in compliance with Title 9, Chapter 7 of the Plano City Code.

            (14)   Foundation and/or racking plan developed by a professional engineer.

            (15)   UL listing or approved equivalent for all component parts of the solar farm energy system.

         b.   Installation: The solar farm energy system shall be installed by a certified installer or an installer who meets the requirements set forth in 83 Illinois Administrative Code as amended.

         c.   Energy Storage Equipment: All batteries and energy storage systems shall meet all applicable National Electrical Code and International Fire Code requirements as amended from time to time and shall be regulated as such.

         d.   Building Standards: Any owner/operator of a solar farm energy system shall maintain said system in compliance with the standards contained in the current and applicable State or local Building Codes and any applicable standards for solar energy systems that are published by the International Residential Code, International Building Code, National Electrical Code and International Fire Code as amended from time to time.

         e.   Compliance: If, upon inspection, the zoning officer concludes that a solar farm energy system fails to comply with such codes and standards or constitutes a danger to persons or property, the zoning officer shall require immediate repair or removal of the system at the expense of the owner/operator.

         f.   Solar Easement: The City does not guarantee access to sunlight for a solar farm energy system. Owners are encouraged to enter into a legal agreement with neighbors securing such access prior to the application for building permit. The City shall not be a party to a solar access agreement nor shall the City deny a building permit based solely on the project's potential for blocking an adjacent property's access to sunlight.

         g.   Abandonment: A decommissioning plan shall be approved by the City Council through the special use permit process. Prior to issuance of the special use permit, the owner/operator shall file a letter of credit or other financial surety instrument in an amount equal to one-hundred and twenty percent (120%) of the cost of decommission, as determined by a professional engineer's certified estimate, accepted by the City Engineer and approved by the City Council. Every three (3) years, the owner/operator shall file with the City an updated cost of decommission as determined by a professional engineer's certified estimate. If the updated cost of decommission is adjusted, the amount of the letter of credit or other financial surety instrument shall also be adjusted. The City may require an independent third-party verification of the cost of decommission at any time at the expense of the owner/operator. If the solar farm is abandoned and not properly decommissioned, the City shall utilize the funds to restore the property to the extent possible to its original or an improved condition.

         h.   Ownership: The City shall be notified in writing within thirty (30) days of any change in ownership, operation and/or management of the solar farm energy system or change in ownership of the property.

         i.   Aviation Protection: If a solar farm energy system is located within five hundred feet (500') of an airport or within approach zones of an airport, the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths shall be filed which indicates the proposed solar farm energy system will not result in ocular impacts. (Ord. 2025-05, 3-24-2025)

For the purpose and provisions herein, the City is hereby organized into the following ten (10) districts and the minimum area that may constitute a separate or detached part of any zoning district shall be as follows:

 

(Ord. 1979-7, 6-25-79; amd. Ord. 1991-9, 3-25-91)

The boundaries of the zoning districts designated in Section 5-4-1 above are hereby established as shown on the maps entitled "Zoning Map: The City of Plano", dated June 25, 1979, which maps are made a part of this Zoning Title by reference and shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon were fully set forth and described in this Zoning Title.

When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply:

   A.   District boundary lines are either the center lines of railroads, highways, streets, alleys or easements or the boundary lines of sections, quarter sections, divisions of sections tracts or lots, or such lines extended or otherwise indicated.

   B.   In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimension shown on the maps from section, quarter sections or division lines, or center lines of streets, highways or railroad rights of way unless otherwise indicated.

   C.   Where a lot held in one ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet (25').

All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or waterways and railroad rights of way. Where the center line of a street, alley, public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. (Ord. 1979-7, 6-25-79)

All land which may hereafter be annexed to the City shall automatically be classified in the A-1 Agricultural District, unless another classification is assigned at the time of annexation. When land is automatically classified in the A-1 Agricultural District pursuant to this Section, the annexation ordinance, upon passage, shall be referred to the Plan Commission, and the Plan Commission shall, within sixty (60) days after the effective date of the annexation ordinance, schedule and hold a public hearing with respect to the zoning classification of the annexed land, pursuant to the provisions of Section 5-12-9 of this Title. The Plan Commission shall make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit the same in writing to the Mayor and the City Council. (Ord. 1991-9, 3-25-91)

pl416   5-5.txt ()

This District is created in a flood-prone or flood plain area to protect the public health and to reduce the financial burdens imposed on the City, its governmental units and its individuals which may result from improper use of lands having excessively high water tables, drainage problems or are subject to frequent and periodic floods.

The following are permitted within any flood plain district to the extent that they are not prohibited by any other provisions of this Title and/or other ordinances.

   A.   Industrial and commercial open type uses, such as loading and unloading areas, parking lots, storage of motor vehicles (new and used) for not more than twenty four (24) hour periods, and gardens, auxiliary to uses permitted in any adjoining district.

   B.   Storage yards for equipment and materials in movable containers and not subject to major damage by flood, provided such uses are permitted in an adjoining district, but not including acids, caustics, flammable liquids, trash, rags, bottles, scrap metal or any other materials commonly referred to as "junk".

   C.   Open type public and private recreational facilities such as public parks, forest preserves, golf clubs, golf driving ranges, drive-in theaters, wildlife and nature preserves, recreational lakes and other similar recreational uses, subject to all other provisions of this Title.

   D.   Agricultural uses where no buildings are involved, provided such uses are permitted in an adjoining district.

   E.   Fences shall be open wire fences providing at least seventy percent (70%) open space and also shall comply with all remaining fencing requirements.

   F.   Residential uses such as drives and parking areas, lawns, gardens and recreation areas.

   G.   Planned single-family residential developments in unsubdivided areas only, and single-family residences on lots of record prior to the effective date hereof, subject to the following requirements:

      1.   All lots are served with a public or central sewerage system approved by the City and the Illinois Environmental Protection Agency (EPA).

      2.   All finished floor including cellars shall be at an elevation of not less than two feet (2') above the high water elevation as recorded in the 1954 flood along the Fox River, Big Rock Creek, Little Rock Creek and Rob Creek.

      3.   Area for water retention shall be provided which will provide water retention equal in volume to that displaced by the development.

In the F-1 Flood Plain District, the following conditions of use shall pertain:

   A.   No filling of land shall be permitted except where approved by the City and subject to such conditions as may be stipulated to protect the public interest.

   B.   The natural drainage grade shall not be substantially altered. No use shall affect the efficiency or restrict the capacity of any floodway.

   C.   Any structures permitted shall be placed on the lot so as to offer the minimum obstruction to the flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream.

   D.   Where, in the opinion of the City, topographic data, engineer and other studies are needed to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the City may require the applicant to submit data or other studies prepared by competent engineers, architects or other registered professionals.

   E.   All uses permitted shall be subject to approval of the City and to such conditions as may be stipulated to protect the public interest.

   F.   Area for water retention shall be provided which will provide water retention equal in volume to that displaced by the development.

   G.   Planned single-family residential developments, where permitted, shall contain adequate storm drainage or other facilities capable of protecting the area from flooding.

   H.   No basement or other floor shall be constructed below existing ground level.

   I.   All planned single-family residential developments shall be subject to the final approval of the city council that all foregoing requirements of this chapter have been complied with.

   J.   No building or structure shall be erected and no existing building or structure shall be moved unless the main floor elevation of said building or structure is established with a finished first floor elevation not less than two feet (2') above the highest known flood elevation. (Ord. 1979-7, 6-25-1979)

All uses other than those specified in this chapter are permitted only upon application to the building and zoning administrator/inspector and the issuance of a special permit as provided in section 5-12-7 of this title.

The floodplain district covers floodplain and floodplain fringe areas and the city shall determine whether the proposed special use is located within a floodplain or floodplain fringe area. (Ord. 1979-7, 6-25-1979)

Areas lying outside of and adjacent to the floodplain districts, as shown on the zoning map and/or other official maps, shall be subject to the following regulations:

   A.   Land may be filled within the floodplain fringe areas, provided such fill shall extend at least twenty five feet (25') beyond the limits of any structure erected thereon.

   B.   Foundations of all structures shall be designed to withstand flood conditions at the site, and plans shall be so certified by an Illinois registered architect. (Ord. 1979-7, 6-25-1979)

   A.   Compliance With Provisions: Any use established in a manufacturing district after the effective date hereof shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located.

   B.   Regulation Of Performance Standards: All performance standards shall be governed by the current State and/or Federal Environmental Protection Agency Regulations and the Occupational Safety Health Act (OSHA). Also, the performance standards shall be governed by the current Fire Protection District Guidelines and Requirements as recommended by the National Fire Protection Association, and any other local governing regulations.

   C.   Storage Of Hazardous Materials: When hazardous liquids and gases and also toxic matter are allowed to be stored under this Title, then the Fire District shall be advised in writing as to the conditions, materials and manufacturer's recommendations with regard to firefighting. (Ord. 1979-9, 6-25-1979)

   A.   Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

   B.   Any legal nonconforming building or structure may be continued in use provided there are no physical changes other than necessary maintenance and repair, except as otherwise permitted herein.

   C.   Any building for which a permit has been lawfully granted may be completed in accordance with the approved plans, provided construction is started within ninety (90) days of the effective date hereof and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

   A.   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

   B.   Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re- established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

   C.   Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

   D.   A nonconforming use not authorized by the provisions of this Title now in effect shall be discontinued.

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date hereof or amendment hereto, which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below:

   A.   Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years.

   B.   All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays, in any business district shall be removed after two (2) years.

   C.   Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10) years.

   D.   Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years.

   E.   Any nonconforming house trailers shall be removed after a period of ten (10) years.

   F.   In all residence districts, any use lawfully existing at the effective date hereof, but permitted only in the B-4 and B-5 Districts or the Manufacturing Districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule:

 

 

   A.   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   B.   No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      1.   When the alteration is required by law.

      2.   When the alterations will actually result in elimination of the nonconforming use.

      3.   When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability; provided, no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

   A.   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located, except as provided in Section 5-9-7 of this Chapter.

   B.   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use, except as provided in Section 5-9-7 of this Chapter.

   C.   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on some parcel of land, except as provided in Section 5-9-7 of this Chapter.

   D.   A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk, shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located, except as provided in Section 5-9-7 of this Chapter.

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction, and diligently prosecuted to completion.

Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 5-9-3 and 5-9-4 of this Chapter.

   A.   In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

   B.   In any residence district where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot.

   C.   In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.

   D.   In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:

      1.   Floor area ratio;

      2.   Lot area per dwelling unit;

      3.   Yards; front, side, rear or transitional;

      4.   Off-street parking and loading;

      5.   Lot area;

      6.   Building height;

      7.   Gross floor area. (Ord. 1979-7, 6-25-79)

The purpose of this Chapter is to alleviate or prevent congestion of the public roads, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put.

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

      1.   For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, parking and loading facilities as required hereunder need not be provided.

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

However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date hereof, in which event parking or loading facilities as required herein shall be provided for the total increase.

   B.   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Title.

   A.   Existing Parking and Loading Facilities Accessory: Off- street parking or loading which are located on the same lot as the building or use served and which were in existence on the effective date hereof or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this Title for a similar new building or use.

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

   C.   Damage or Destruction: For any conforming or legally nonconforming building or use, as restricted by Chapter 9 of this Title, which is in existence on the effective date hereof, which subsequent hereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses in construction.

   D.   Control of Off-Site Parking Facilities: Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such off-site parking facilities shall be authorized and no zoning certificate shall be issued where the plans call for the parking facilities other than on the same zoning lot until the Board of Zoning appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off site parking facilities will be maintained at all times during the life of the proposed use or building.

   E.   Submission Of Plot Plan: Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this title. (Ord. 1979-7, 6-25-1979)

Off street parking facilities accessory to residential use and development in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking and storage of commercial vehicles exceeding two (2) ton capacity or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments. (Ord. 2006-39, 5-8-2006)

Off street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use. (Ord. 1979-7, 6-25-1979)

   A.   Size: A required off street parking space shall be at least nine feet (9') in width and at least eighteen feet (18') in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least seven feet (7').

   B.   Number Of Spaces:

      1.   Computation: When determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one parking space.

      2.   Maximum Number Of Open Accessory Spaces: The total number of accessory parking spaces, open to the sky, provided for one-family or two-family dwellings shall not exceed that required by this title for such use or for any equivalent new use by more than fifty percent (50%) or four (4) spaces, per zoning lot, whichever number is greater. Multiple-family dwellings shall not exceed that required by this title by more than fifty percent (50%). (Ord. 2006-39, 5-8-2006)

Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space, unless the parking facilities are serviced by a parking attendant. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. No driveway across public property nor curb cut shall exceed a width of twenty five feet (25'). (Ord. 1979-7, 6-25-1979)

   A.   In Yards: Off street parking spaces may be located in any yards and then only on established, concrete or bituminous concrete paved parking areas or drives. Parking on lawns or landscaped areas of any yard is strictly prohibited.

      1.   Parking spaces along city streets, either within the paved roadway (between curbs) or unpaved parkway are not allowed to be used in meeting the required number of off street parking facilities in any residential zoning district.

   B.   Accessory Parking Facilities: The location of off street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served:

      1.   For Uses In A Residence District: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300') from such use.

      2.   For Uses In Business And Manufacturing Districts: All required parking spaces shall be within one thousand feet (1,000') of the use served, except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within three hundred feet (300') of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district, unless authorized by the board of appeals in accordance with this title. (Ord. 2006-39, 5-8-2006)

   A.   Open And Enclosed Parking Spaces: Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use.

   B.   Surfacing: All open off street parking areas shall be improved with at least a pavement meeting state of Illinois A-3 or equivalent.

   C.   Screening And Landscaping: All open automobile parking areas containing more than four (4) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than five feet (5') nor more than seven feet (7') in height. Landscaping requirements under the business section of this title shall also apply where required.

   D.   Lighting: Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public highways in such a way as not to create a nuisance.

   E.   Signs: Directional and regulatory signs only are permitted on parking areas.

   F.   Repair And Service: No motor vehicle repair work of any kind or sale of gasoline and motor oil shall be permitted in conjunction with accessory off street parking facilities provided in a residence district. (Ord. 2006-39, 5-8-2006)

For the following uses, accessory off street parking spaces shall be provided as required hereunder. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. (Ord. 1979, 6-25-1979)

 

(Ord. 1979, 6-25-1979)

   A.   Location: All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two (2) ton capacity shall be closer than fifty feet (50') to any property in a residence district unless completely enclosed by building walls, or any combination thereof, not less than six feet (6') in height. No permitted or required loading berth shall be located within fifty feet (50') of the nearest point of intersection of any two (2) streets.

   B.   Number And Size:

      1.   Unless otherwise specified, a required loading berth shall be at least ten feet (10') in width by at least twenty five feet (25') in length exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet (14').

      2.   For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such use, as determined by the zoning administrator, shall be provided.

   C.   Access: Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.

   D.   Surfacing: All open off street loading berths shall be improved with a compacted macadam base, not less than seven inches (7") thick, surfaced with not less than two inches (2") of asphaltic concrete or some comparable all weather dustless material.

   E.   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts.

   F.   Separate Loading Berths: Space allocated to any off street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off street parking facilities or portions thereof.

   G.   Receiving Facilities: Uses for which off street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicles. (Ord. 1979-7, 6-25-1979)

For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of building or portions hereof devoted to such uses in the amounts shown herein.

   LOADING REQUIREMENTS

 

(Ord. 1979-7, 6-25-79)

Planned unit developments are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well-planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with increased design flexibility. Planned unit developments are special uses under this Chapter. (Ord. 1994-16, 6-27-94)

   A.   Planned unit developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the City and, particularly, in the immediate surroundings, than would developments built in conformity with standard district regulations.

   B.   Site of planned unit developments shall be of sufficient size to accommodate self-contained developments and to create their own character.

   C.   Approved planned unit developments shall be delineated and designated by number on the Zoning District Map. A file, available for inspection by the public, shall be maintained by the Zoning Administrator for each planned unit development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein.

Planned unit developments are of such substantially different character from other special uses that the additional standards contained in this Chapter are established to guard against their use solely as a means of intensifying the use of the land. (Ord. 1994-16, 6-27-94)

   A.   The pre-application conference shall be held with a pre- application committee designated by the Mayor. At such conference the applicant shall provide information as to the location of the proposed planned unit development; the uses, and approximate area of use category; a list of any and all exceptions to the Subdivision 1 and Zoning Ordinances of the City, and any other data reasonably necessary to clearly explain the planned unit development.

   B.   The committee shall review and consider the proposal as to its compatibility with the Comprehensive Plan and the goals and policies for planning of the City and advise the applicant on the information, documents, exhibits, drawings and limitations on the proposal that should be included in the application to the City for a special use permit for planned unit development. (Ord. 1994-16, 6-27-94)

   A.   Letter Requesting Special Use Permit for Planned Unit Development: The applicant shall request the special use permit, by application to the City requesting the matter be placed on the agenda of the next regular meeting of the Plan Commission for a preliminary discussion of the proposed planned unit development, and the Plan Commission shall consider the proposed planned unit development at such meeting, which may be continued from time to time.

   B.   Required Information and Exhibits: The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Plan Commission with the proposed development which should include, but not necessarily be limited to the following:

      1.   A tentative sketch plan, which may be in freehand sketch form, showing the location and extent of the types of land uses proposed.

      2.   The existing topography at five foot (5') contour intervals which may be taken from USGS information.

      3.   Existing streets surrounding the subject property.

      4.   Existing utilities including storm drainage facilities.

      5.   The following shall be provided by either graphic exhibits or written statement:

         a.   The density of residential uses and the number of dwelling units by type.

         b.   The ancillary and nonresidential uses to be provided in a residential planned unit development.

         c.   The off-street parking and other service facilities proposed.

         d.   The exceptions or variations to the zoning or subdivision requirements being requested as part of the planned unit development petition.

   C.   Decisions by Plan Commission: Within thirty (30) days after final adjournment of the meeting, the Plan Commission shall submit to the City Council (and to the Zoning Board of Appeals if variations are requested) a report in writing containing its recommendations. (Ord. 1994-16, 6-27-94)

   A.   Filing of Petition:

      1.   The formal petition for a planned unit development shall be addressed to the City Council and shall be filed with the City Clerk. Thirty (30) copies of the petition together with the supporting documents and exhibits hereinafter provided for shall be filed with the City Clerk simultaneously with the filing of the formal petition.

      2.   The City Clerk shall forward a copy of the petition together with the supporting documents and exhibits to each member of the City Council, the City Attorney, the Zoning Administrator and to each member of the Plan Commission and, if any variation or variations are requested, to each member of the Zoning Board of Appeals.

   B.   Notice of Application or Petition: Notice of the filing of the petition for a planned unit development shall be given to the owners of adjacent real estate as provided in Section 5-12-7.

   C.   Required Information and Exhibits: The formal petition shall contain, in addition to all other requirements, the following:

      1.   A site plan of the planned unit development. This plan will be at a scale of not less than one inch equals one hundred feet (1" = 100') which shall show all proposed streets (public and private), street classifications, rights of way, pavement widths of streets and driveways, all principal and accessory buildings and their use, lot sizes, building lines, easements for utility services, off-street parking service areas, open space, location of trash receptacles, recreation facilities and any other information necessary to clearly show the proposed elements of the planned unit development.

      2.   Preliminary architectural plans for all residential buildings shall be submitted in sufficient detail to show the basic planning, the number of units per building and the number of bedrooms per dwelling unit.

Preliminary architectural plans are not required for business or other nonresidential buildings at the time of this application, but must be submitted to the Plan Commission for its approval prior to filing an application for a building permit.

      3.   A topographic survey with one foot (1') contour intervals and boundary survey of the subject area, prepared and certified by a registered Illinois surveyor.

      4.   A rendered plan of the planned unit development area showing in contrasting colors, or by other means, the respective location of all categories of land use.

      5.   A map of the general area showing the location of the planned unit development site and its relations to the existing roads and streets and use districts within the immediately adjacent and surrounding areas.

      6.   Preliminary plans and outline specifications of the following improvements:

         a.   Roads, streets and alleys, including classifications, width of rights of way, widths of paved surfaces and construction details.

         b.   Sidewalks, including widths of paved surfaces and construction details.

         c.   Sanitary and storm sewer system.

         d.   Water supply system.

         e.   Street lighting and public area lighting system.

         f.   Recommended installations for electric, gas and telephone facilities and distribution.

         g.   Sequence of phases or stages of development of the planned development.

         h.   A general landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the Plan Commission.

      7.   Estimates of cost of installation of all proposed improvements, confirmed by a registered Illinois engineer.

      8.   Petitioner's proposed covenants, restrictions and conditions to be established as a part of the planned unit development.

   D.   Hearing: The City Clerk shall set a hearing date which shall be not less than fifteen (15) or more than thirty (30) days after the filing of the petitions, and shall cause notice of the hearing to be published at least once, no more than thirty (30) days nor less than fifteen (15) days before said hearing date, in one or more newspapers of general circulation in the City. Written notice shall be given by the applicant to all property owners as required pursuant to Section 5-12-7.

   E.   Action by Plan Commission and Zoning Board of Appeals: The petition shall be heard and reviewed by the Plan Commission (and where variations are requested, by the Zoning Board of Appeals) and the report shall be submitted to the City Council. The report of the findings and recommendations shall be accompanied by such plats, exhibits and agreements as shall have been presented by the petitioner, each identified for reference by letter or number, together with any suggested changes therein. (Ord. 1994-16, 6-27-94)

The City Council may grant a special use for a planned unit development which shall be by specific ordinance and which shall contain or to which shall be appended all terms and conditions of the special use permit, including covenants and agreements, guarantees, performance bonds, plats and the like. (Ord. 1994-16, 6-27-94)

No planned unit development shall be authorized by the City Council unless the Plan Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met:

   A.   The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

   B.   The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

   C.   That any industrial park areas established in the planned unit development conform to all requirements therefor as set forth elsewhere in this Title.

   D.   That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically varied in the ordinance granting and establishing a planned unit development use.

   E.   When private streets and common driveways are made a part of the planned unit development or private common open space or recreation facilities are provided, the applicant shall submit as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the City Council. (Ord. 1994-16, 6-27-94)

   A.   Construction of Improvements: The petitioner shall construct and install the required improvements in accordance with the City subdivision regulations 1 .

   B.   Street Classification and Specifications: Street classifications, definitions and specifications shall be in accordance with the regulations pertaining to same as established in the subdivision regulations 2 and the Comprehensive Plan of the City, as may be amended from time to time, as may be modified by the special use permit. (Ord. 1994-16, 6-27-94)

For planned unit developments located in one or more residence districts, exceptions may be made in the regulations of such districts, as follows:

   A.   Use Regulations:

      1.   In the R-1, R-2, R-3, R-4, R-5 and R-6 Districts, uses listed as permitted uses are allowed, and single-family attached, single-family semi-detached and multiple-family dwellings may be allowed.

      2.   Uses listed as permitted uses in the R-7 District are allowed, and uses listed as permitted uses in the B-1 District may be allowed.

      3.   Uses listed as special uses in the zoning district in which the development is located may be allowed.

      4.   In developments containing over fifty (50) dwelling units, uses specifically listed as permitted and special uses in the B-1 Office Business District may be allowed provided, that such uses and accessory uses shall not occupy more than ten percent (10%) of the gross floor area of the development.

   B.   Site and Structure Requirements:

      1.   Gross Density Premiums: The maximum gross densities for residential planned unit developments may be increased up to a maximum of fifteen percent (15%) in accordance with and when the development includes one or more of the following:

         a.   Is adjacent to, or across from, a public or permanent open space which is not less than ten (10) acres in area with a depth perpendicular to a lot line of the planned unit development of not less than three hundred feet (300').

         b.   For the dedication of public recreational and educational sites recommended in the Comprehensive Plan, equal to the number of dwelling units that would otherwise have been permitted upon lands so dedicated.

         c.   For the provisions of unique design features which require unusually high development costs and which tend to achieve an especially attractive and stable development, as determined by the Plan Commission.

         d.   In the R-7 District, for the provision of permanent open space at grade, in addition to required yards, a percentage of the site devoted to such use.

      2.   Yards: Yard requirements may be varied or waived; except along the perimeter of the development.

   C.   Signs: In accordance with the regulations set forth in Section 5-6-1 of this Title.

   D.   Off-Street Parking and Loading Facilities: In accordance with regulations set forth in Chapter 10 of this Title. (Ord. 1994-16, 6-27-94)

For planned unit developments located in one or more business districts, exceptions may be made in the regulations of such districts, as follows:

   A.   Use Regulations:

      1.   Permitted and Special Uses: Uses listed as permitted and special uses in the business districts are allowed.

      2.   Accessory Uses: All in accordance with regulations set forth in Section 5-3-5 of this Title.

   B.   Gross Density: In the B-1 and B-2 Districts, not more than twelve (12) dwelling units per gross acre; except that an efficiency unit shall be counted as sixty seven-hundredths (0.67) of a dwelling unit, and a lodging room as five-tenths (0.5) of a dwelling unit.

   C.   Off-Street Parking and Loading Facilities: All in accordance with regulations set forth in Chapter 10 of this Title.

   D.   Access to Public Streets: All in accordance with

regulations set forth in Section 5-3-3 and subsection 5-7A-6B of this Title.

   E.   Signs: All in accordance with regulations set forth in Section 5-7-1 of this Title.

   F.   Landscaping and Screening: All in accordance with regulations set forth in subsections 5-3-7A and 5-7A-6D and Section 5-11-3 of this Title.

   G.   Performance Standards: All activities shall conform with the performance standards established and set forth in Section 5-8-1 of this Title.

   H.   Outdoor Storage: All in accordance with regulations set forth in subsection 5-7A-6E of this Title. (Ord. 1994-16, 6-27-94)

For planned unit developments located in one or more industrial districts, exceptions may be made in the regulations of such districts, as follows:

   A.   Use Regulations:

      1.   Permitted and Special Uses: Uses listed as permitted and special uses in the commercial and manufacturing districts shall be allowed.

      2.   Accessory Uses: All in accordance with regulations set forth in Section 5-3-5 of this Title.

   B.   Site and Structure Requirements:

      1.   Yards: Yard requirements may be waived, except along the exterior boundaries of the development.

      2.   Floor Area Ratio: Floor area ratio requirements of the district are applicable to the entire planned unit development and not to specific uses which may be located within the planned development. For this purpose, the net site area shall be used in the computation.

   C.   Off-Street Parking and Loading Facilities: All in accordance with regulations set forth in Chapter 10 of this Title.

   D.   Access to Public Streets: All in accordance with regulations set forth in Section 5-3-3 and subsection 5-7A-6B of this Title.

   E.   Signs: All in accordance with regulations set forth in Section 5-8-2 of this Title.

   F.   Landscaping and Screening: All in accordance with regulations set forth in subsections 5-3-7A and 5-7A-6D and Section 5-11-3 of this Title.

   G.   Performance Standards: All activities shall conform with the performance standards established and set forth in Section 5-8-1 of this Title.

   H.   Outdoor Storage: All in accordance with regulations set forth in subsection 5-7A-6E of this Title. (Ord. 1994-16, 6-27-94)

The city building and zoning administrator/inspector, hereinafter referred to as the "officer", is designated as the zoning officer of the city to be responsible for enforcing this zoning title. Said officer shall have the power and shall see that the provisions of this title are properly enforced. However, it shall also be the duty of all officers, citizens and employees of the city, particularly of all members of the police and fire departments, to assist the building and zoning administrator/inspector by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. (Ord. 1994-16, 6-27-1994)

The plan commission of the city shall have the authority, responsibility and duties set forth as follows:

   A.   To hear and report findings and recommendations to the mayor and city council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein.

   B.   To initiate, direct and review, from time to time, studies of the provisions of this title, and to make reports of its recommendations to the mayor and city council not less frequently than once each year.

   C.   To hear and decide all matters upon which it is required to pass under this title.

   D.   Nothing herein shall limit the authority, responsibilities and/or duties of the plan commission conferred on it by statute and by the provisions of section 2-1-5 of this code. (Ord. 1994-16, 6-27-1994)

In addition to the authority, responsibilities and duties conferred on it pursuant to the provisions of title 2, chapter 2 of this code, the zoning board of appeals shall have authority, responsibilities and duties set forth in this chapter. (Ord. 1994-16, 6-27-1994)

Appeals to the zoning board of appeals shall be initiated by a letter or petition addressed to the zoning board of appeals setting forth specifically the matter or matters appealed from and the relief requested. Such letter or petition shall be filed with the city clerk. An appeal shall be processed and shall be submitted to public hearing in accordance with the same procedures as set forth herein for the processing of variations 1 . The zoning board of appeals shall, within thirty (30) days after the conclusion of the public hearing or public hearings on the appeal, make its recommendations to the city council in writing. The city council shall act upon such appeal within a reasonable time. The decision of the city council shall constitute a final appealable administrative ruling. (Ord. 1994-16, 6-27-1994)

   A.   No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for, in writing, and issued by the Officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving.

   B.   Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title.

   C.   Every application for a building permit submitted to the Officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimension of the lot yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this Title.

   D.   In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare. (Ord. 1994-16, 6-27-94)

   A.   Certificate Required: A certificate of occupancy to be issued by the Officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences:

      1.   Occupancy and use of a building hereafter erected or enlarged.

      2.   Change in use of an existing building.

      3.   Occupancy and use of vacant land except for the raising of crops.

      4.   Change in the use of land to a use of a different classification except for the raising of crops.

      5.   Any change in the use of a nonconforming use.

No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued.

   B.   Applications for Certificates, Action by City:

      1.   New or Existing Buildings: Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) days after a written request for the same has been made to the Officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this Title.

      2.   Land Uses, Changes in Use: Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in the nonconforming use, as herein provided, shall be made to the Officer. If the proposed use is in conformity with the provisions of this Title, the certificate of occupancy therefor shall be issued within three (3) days after the application for the same has been made.

   C.   Temporary Certificate: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this Title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

   D.   Statement of Compliance: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Title.

   E.   Record of Certificates: A record of all certificates of occupancy shall be kept on file in the office of the Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 1994-16, 6-27-94)

   A.   Filing: All applications for annexation, zoning and/or variations and special use, to be considered at the monthly meeting of the plan commission or to be considered at a public hearing before the zoning board of appeals, and to be thereafter considered by the city council shall be filed with the city clerk not later than the fifteenth day of the month preceding the month during which the applicant desires to have the application considered by the plan commission and/or the zoning board of appeals.

   B.   Notices:

      1.   Notice To Be Mailed: For all applications certified public notice shall be mailed by the applicant. Said notices shall be mailed after a public hearing date has been scheduled by the city clerk to be held before the planning commission/zoning board of appeals. The notices shall be mailed to all owners of record within two hundred fifty feet (250') in each direction of the location in which the property is located, and to owners or occupants of other properties which may be affected as determined by the planning commission. The owners of record within the two hundred fifty foot (250') requirement shall be determined by consulting the tax assessor's rolls of the township or the county in which the property is located, provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The notice shall be in writing and shall contain the following information:

         a.   Common description of property.

         b.   Requested action.

         c.   Date, time and place of hearing.

         d.   Reference to building, planning, and zoning department of the city of Plano for further information, including telephone number of building, planning, and zoning department. The notice shall be mailed not more than thirty (30) days, nor less than fifteen (15) days in advance of such hearing. The notice shall be sent by regular mail, properly addressed as shown on the assessor's rolls and with sufficient postage affixed thereto, and shall be attested to by means of a certificate of mailing and an affidavit of mailing which shall include a copy of the notice and a complete list of names, addresses and tax parcel numbers of said owners of record required to be mailed the notice.

The certificate of mailing and the affidavit of mailing with its attachments shall be submitted to the city clerk prior to the hearing date and shall be made part of the hearing record.

In connection with the requirements of this section, the following forms and instructions are on file with the city clerk:

            (1)   Form for certified public notice.

            (2)   Instructions for determining scope of two hundred fifty foot (250') distance.

            (3)   Form for owners of record and tax parcel number listing.

            (4)   Affidavit form for mailing.

            (5)   Certificate of mailing form.

      2.   Posting Of Sign: For all rezoning petitions a sign provided by the city clerk shall be posted by the petitioner and/or property owner. The sign shall be posted after a public hearing date has been scheduled by the city clerk to be held before the planning commission. The sign shall be at least two feet (2') in height and four feet (4') in length and shall be posted not more than fifteen (15) days nor less than ten (10) days in advance of the public hearing. The sign or signs shall be posted so that at least one sign is clearly readable from all adjacent roadways. The sign shall contain the following information:

         a.   Requested action.

         b.   Date, time and place of public hearing.

         c.   Reference to building, planning, and zoning department of the city of Plano for further information, including telephone number of building, planning, and zoning department.

The sign shall not be removed until the public hearing before the planning commission has been completed unless otherwise directed by the planning commission or city council. This section is intended to be a directive, and any failure to comply with the requirements hereof shall not deprive the planning commission or city council of jurisdiction to pass any amendment to this section, nor shall any defect render invalid any proceedings held in furtherance of any such amendment.

The petitioner and/or property owner shall also file with the city clerk no later than ten (10) days before the public hearing date, an affidavit verifying who posted the sign and the date and time of its posting, and including a location map showing where said sign was posted on the property and a photograph of said sign after it was erected. In connection with the requirements of this section, the following forms and instructions are on file with the city clerk:

         a.   Instructions for the posting of the sign.

         b.   Affidavit form for posting of sign.

      3.   Publications: The city clerk shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the city of Plano not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

   C.   Complete Application: No application will be processed by the city clerk and forwarded to the plan commission or the zoning board of appeals unless and until all documentation, including mapping, required to be submitted with the application has been received by the city clerk.

   D.   Annexations: All applications for annexation shall be accompanied by an annexation map prepared by an Illinois registered land surveyor showing the existing city limits and containing an accurate map of the property to be annexed accompanied by the exact legal description thereof and the acreage thereof. Said map shall, where feasible, be contained on eight and one-half inch by eleven inch (81/2" x 11") paper.

   E.   Natural Resource Inventory: Prior to or simultaneously with the filing of an application for annexation, the applicant shall request from the Kendall County soil and water conservation district a natural resource inventory of the subject real estate. No application for annexation will be heard by the plan commission, the zoning board of appeals or the city council until the city has received the natural resource inventory.

   F.   Compliance: Failure of the applicant to comply with the guidelines contained in this section shall result in delays in the processing of the application for annexation, zoning and/or variation or special use.

   G.   Meetings: The petitioner, or his representative, shall attend all pertinent meetings to present the petition, and failure to attend may result in the delay of any processing of the application or petition. (Ord. 2006-32, 4-24-2006)

   A.   Authority: The zoning board of appeals, after a public hearing, may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the board of appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.

   B.   Application For Variation: An application for a variation shall be filed in writing with the city clerk, and copies thereof delivered to the zoning board of appeals, the zoning officer and the city council. The application shall contain such information as the zoning board of appeals may from time to time, by rule, require. At a minimum, such application shall contain the following information:

      1.   Ownership.

      2.   Existing zoning of property.

      3.   Zoning of adjacent and contiguous property.

      4.   Proposed variation.

      5.   A written explanation of the need for the variation.

      6.   The legal description and the common address of the subject property, including permanent index number assigned by the taxing authorities.

      7.   A current plat of survey prepared by an Illinois registered land surveyor showing the location of all lot lines, utility easements, existing structures, including fences, and the location of pavement.

   C.   Notice Of Application Or Petition: Notice of the application or petition shall be given in accordance with the provisions of section 5-12-7 of this chapter.

   D.   Processing Of Application:

      1.   Submittal To Board: All variations on which the zoning board of appeals may act shall be submitted to the zoning board of appeals and acted on in the following manner: The zoning board of appeals shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Said notice shall be published at least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, in a paper of general circulation in the city. Notice of the public hearing shall be mailed by the city clerk to the petitioner and to the owners of record of real estate situated within two hundred feet (200') of the real estate sought to be affected by the application or petition. The hearing may be adjourned and continued from time to time upon the affirmative vote of a majority of the members of the zoning board of appeals present at the hearing. (Ord. 1994-16, 6-27-1994)

      2.   Decision By Zoning Board Of Appeals: The zoning board of appeals shall, within thirty (30) days after the conclusion of the public hearing or hearings, make its recommendations to the city council in writing. The concurring vote of a majority of the then duly appointed and acting members of the zoning board of appeals shall be necessary to recommend the granting of a variation to the city council. (Ord. 2000-24, 9-25-2000)

      3.   Action Upon Petition: The city council shall act upon such petition for variation within a reasonable time.

   E.   Standards For Variations:

      1.   The zoning board of appeals shall not recommend to the city council variation of this title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code 1 are complied with and the following:

         a.   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

         b.   The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification.

         c.   The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property.

         d.   The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

         e.   The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood.

      2.   The zoning board of appeals may recommend such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection, to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title.

   F.   Permitted Variations: Variations from the regulations of this title may be recommended by the zoning board of appeals to the city council only in accordance with the standards established in subsection E of this section and, absent exceptional circumstances consistent with the purpose and intent of this title and this code, in the following instances:

      1.   To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty five percent (25%).

      2.   To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this Title.

      3.   To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week.

      4.   To reduce the applicable off-street parking or loading facilities required by no more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater.

      5.   To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served.

      6.   To increase by not more than twenty percent (20%) the gross area of any sign.

      7.   To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations.

      8.   To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

   G.   Other Variations: Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two-thirds (2/3) of the elected members of the City Council shall be necessary to grant the variation. (Ord. 1994-16, 6-27-94)

   A.   Special Use Categories: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest.

      2.   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   B.   Initiation of Special Use: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated.

   C.   Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission and the Zoning Board of Appeals from time to time. At a minimum, such application shall contain the following information:

      1.   Ownership.

      2.   Existing zoning of property.

      3.   Zoning of adjacent and contiguous property.

      4.   Proposed special use.

      5.   A written explanation of the need for the special use.

      6.   The legal description and the common address of the subject property, including permanent index number assigned by the taxing authorities.

      7.   A current plat of survey prepared by an Illinois registered land surveyor showing the location of all lot lines, utility easements, existing structures, including fences, and the location of payment.

      8.   Site plan containing all information deemed appropriate by the Plan Commission for complete review of the application for special use.

   D.   Notice of Application or Petition: Notice of the application or petition shall be given in accordance with the provisions of Section 5-12-7.

   E.   Processing of Application:

      1.   Upon receipt of the application referred to herein, the Plan Commission shall hold at least one public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City. Notice of the public hearing shall be mailed by the City Clerk to the petitioner and to the owners of record of real estate situated within two hundred feet (200') of the real estate sought to be affected by the application or petition. The hearing may be adjourned and continued from time to time upon the affirmative vote of a majority of the members of the Plan Commission present at the hearing.

      2.   For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Plan Commission shall, within thirty (30) days after the conclusion of the hearing or hearings, make its recommendations to the City Council in writing.

      3.   The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council.

   F.   Standards for Special Use: No special use shall be recommended by the Plan Commission unless the Plan Commission shall find:

      1.   That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare.

      2.   That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.

      3.   That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      4.   That adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.

      5.   That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

      6.   That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1994-16, 6-27-94)

   A.   Initiation: Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals or any property owner.

   B.   Processing Application Generally:

      1.   An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data, and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. Copies thereof shall also be forwarded to the Plan Commission which shall consider such application at its next regular meeting and forward its findings and recommendations to the City Council.

      2.   An application for an amendment to the Zoning Map (to rezone real estate) shall contain, at a minimum, the following information:

         a.   Ownership.

         b.   Existing zoning of property.

         c.   Zoning of adjacent and contiguous property.

         d.   Proposed zoning.

         e.   A written explanation of the need for the rezoning.

         f.   The legal description and the common address of the subject property, including permanent index number assigned by the taxing authorities.

         g.   A current plat of survey prepared by an Illinois registered land surveyor showing the location of all lot lines, utility easements, existing structures, including fences and

the location of pavement.

         h.   Site plan containing all information deemed appropriate by the Plan Commission for complete review of the application.

      3.   An application for a text amendment shall include, at a minimum, the following:

         a.   Identification of the specific section of the ordinance proposed for amendment.

         b.   Written explanation of the need for the change to the existing ordinance, including a discussion of any pending developments that the revised regulation would affect.

         c.   Text of the proposed amendment.

An application for amendment may be filed simultaneously with and/or may be heard simultaneously with the filing of and/or the review of a preliminary plat of subdivision.

   C.   Notice of Application or Petition: Notice of the application or petition shall be given in accordance with the provisions of Section 5-12-7.

   D.   Hearing:

      1.   Notice; Adjournment: The Plan Commission shall publish notice of a public hearing on such application stating the time and place and the purpose of the hearing. Said notice shall be published at least fifteen (15) days, but not more than thirty (30) days in advance of such hearing, in a paper of general circulation in the City. Notice of the public hearing shall be mailed by the City Clerk to the petitioner and to the owners of record of real estate situated within two hundred feet (200') of the real estate sought to be affected by the application or petition. The hearing may be adjourned and continued from time to time upon the affirmative vote of a majority of the members of the Plan Commission present at the hearing.

      2.   Site Plan: The Plan Commission shall have the right to require an applicant or petitioner to submit to the Plan Commission for review during its consideration of any amendment a site plan for the proposed development. Such site plan may include, but not by way of limitation, the following data:

         a.   Proof of ownership/authorization.

         b.   Plat of survey.

         c.   Site plan including:

            (1)   Property boundary.

            (2)   Topography.

            (3)   Existing and proposed buildings.

            (4)   Driveways and parking lots (including space for handicap parking).

            (5)   Landscaped open space.

            (6)   Location of freestanding signs.

            (7)   Fences, walls and enclosures.

            (8)   Loading docks.

         d.   Floor plans, building elevations, sketches as requested.

         e.   Landscape plan.

         f.   Tree protection plan, if there are trees worthy of protection.

         g.   Project data table(s), including density, FAR, parking ratio, coverage ration, lot size, and other data as requested by the Plan Commission.

      3.   Recommendation by Plan Commission: The Plan Commission shall, within thirty (30) days after the conclusion of the public hearing or hearings, make its recommendations to the City Council in writing. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

         a.   Existing uses of property within the general area of the property in question.

         b.   The zoning classification of property within the general area of the property in question.

         c.   The suitability of the property in question to the uses permitted under the existing zoning classification.

         d.   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.

         e.   Compatibility with the Comprehensive Plan.

      4.   The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested.

      5.   A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. Where possible, all motions should be made in the affirmative.

      6.   The report to the City Council shall contain the number of members present and the number of votes for or against the motion.

   E.   City Council Action:

      1.   The Mayor and City Council, upon receiving the recommendations of the Plan Commission may grant or deny any proposed amendment in accordance with applicable Illinois statutes and laws, or may refer back to the Plan Commission for further consideration.

      2.   If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. (Ord. 1994-16, 6-27-94)

   A.   Petition for Annexation Agreement: All annexation agreements shall be initiated by the filing of a petition with the City Clerk. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation agreement.

   B.   Request for Zoning Amendments or Variations:

      1.   All petitions for annexation agreement requesting a zoning classification other than the zoning classification assigned to lands annexed to the City, or for variations, shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the City. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in Section 5-12-12 of this Chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement.

      2.   The Plan Commission and Zoning Board of Appeals, after consideration and hearing of the request for zoning amendment or variations incidental to and part of petitions for annexation agreement, shall make specific findings of facts and recommendations with respect to zoning amendments or variations upon the property included within the annexation agreement, as in all cases within the jurisdictional limits of the City.

   C.   Public Notice and Hearing: At the conclusion of the hearings before the Plan Commission and Zoning Board of Appeals of the City, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the City Clerk shall cause public notice, as provided in the statutes, to be published one time in a newspaper of general circulation in the City, giving notice of the time and place of the public hearing for annexation agreement before the Mayor and City Council, said notice to be published not less than fifteen (15) nor more than thirty (30) days prior to public hearing before the said Mayor and Council.

   D.   Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications other than those assigned to property annexed to the City or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or if no such referral is made, the City Council and Mayor shall set the time and place of public hearing and the City Clerk shall cause notice of the said hearing to be published in the manner specified in subsection C of this Section. (Ord. 1994-16, 6-27-1994)

   A.   Fees Required: The required fees shall accompany an application form for an amendment, appeal, special use, planned unit development, temporary use, variation, zoning certificate, annexation agreement, preannexation agreement, and review by the Project Review Board, the Planning Commission, Zoning Board of Appeals and the City Council of any zoning or subdivision requests within the one and one-half (11/2) mile radius of the City. (Ord. 1999-2, 1-25-1999)

   B.   Minimum Fees: The minimum fees are established to cover the expenses that may be incurred due to staff time plus consultants' time required to review and process such application, and other expenses such as printing and publication of notices, postage and other costs. The minimum fees are payable at the time of filing of application for any request covered above.

   C.   Fees For Outside Consultants: The petitioner or applicant shall be responsible for the payment of all fees or charges incurred by the City payable to outside consultants retained by the City in any capacity connected with the review of any application filed by the applicant or owner under this Chapter or the subdivision control or other ordinance of the City affecting the use of land. Consultants retained by the City shall bill the City directly for their services. Upon receipt of invoices from outside consultants by the City, copies of said invoices shall be provided to the applicant or petitioner. The applicant or petitioner shall immediately pay to the City the amount of the invoice. The City shall thereupon pay the invoice or invoices. At no time shall there be any transfer of funds from any developer directly to any consultant or directly to any City staff personnel in connection with consultant fees. All payments by the applicant or petitioner shall be made to the City Clerk who shall remit said payments to the City Treasurer.

   D.   Transfer Of Funds: At no time shall there be any transfer of funds from any developer to any consultant or City staff personnel. All payments to consultants shall be executed only under the conditions specified in subsection C of this Section, and the developers shall be invoiced directly and solely by the City.

   E.   Fee Schedule:

 

(Ord. 1994-16, 6-27-1994; amd. Ord. 1997-1, 2-24-1997)

The Project Review Board consisting of members of the Plan Commission, Zoning Board of Appeals, City Council, and all department heads, shall review specific development proposals within and outside the City limits of the City. With reference to any specific development proposal, either within the City limits, or within one and one-half (11/2) miles of the City limits, the Project Review Board shall, in consultation with the City's resident engineer and the City's consulting engineer and the City's Planner, estimate in advance of any further meetings before the Project Review Board and any hearings before the Planning Commission, Zoning board of Appeals, or the City Council, the total costs to be incurred by the City for consulting services, including, but not limited to, engineering, legal, planning consultation, and other experts. The amount thus estimated shall be paid over by the applicant to the City and shall be deposited into an escrow account with the City to be used to pay for the services as they are rendered and to ensure that as bills are tendered for such services that funds are available, from the applicant, to pay the same. Any excess funds remaining in the escrow shall be refunded to the applicant at the conclusion of the project upon determination by the City Engineer that no additional funds are required.

Prior to any consideration of any specific development proposal, applicant shall make and pay to the City a nonrefundable application review fee in the sum of three hundred dollars ($300.00). Credit shall be given to the applicant for the advance deposit, three hundred dollars ($300.00), against expenses thereafter incurred by the City and billed to the applicant pursuant to the terms of this Section. (Ord. 1999-2, 1-25-1999)

Neither the City Council nor any of its advisory boards, including the Project Review Board, will conduct any further hearings or meetings with reference to a specific development project in the event any statements rendered for fees or charges incurred by the City for consulting services remain delinquent and unpaid for more than fourteen (14) days subsequent to the rendition of the statement for such fees or charges. (Ord. 1999-2, 1-25-1999)

Any person who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 1994-16, 6-27-1994; amd. Ord. 1997-1, 2-24-1997)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort and general welfare. (Ord. 2015-24, 9-14-2015)

   A.   The building and zoning administrator/inspector of the city shall administer and enforce the provisions of this chapter.

   B.   The requirements of this chapter shall not apply to trailer or recreational vehicle sales establishments located in business or manufacturing zoning districts. (Ord. 2015-24, 9-14-2015)

MOBILE HOME: A manufactured home structure transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width and forty (40) body feet or more in length or when erected on site is three hundred twenty (320) square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems that may be contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this title. For manufactured homes built prior to June 15, 1976, a label certifying compliance to the standard for mobile homes NFPA 501, in effect at the time of manufacture is required.

RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure or bearing recreational vehicle registration license plates. Examples include, but are not limited to, motor homes, boats, snowmobiles, and all-terrain vehicles.

TRAILER: A vehicle without motive power, designed to be towed by another vehicle but not designed for human occupancy and which may include, but is not limited to, a utility trailer, boat trailer, horse trailer or cargo trailer.

TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet.

TRAILER, CONSTRUCTION OFFICE: A "trailer" as defined herein except, that it is used by a contractor as an office or for storage of equipment or materials during the actual construction of a building project.

TRAILER HOUSE OR MOBILE HOME: See definition of Mobile Home.

TRAILER, TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty (130) square feet or more but less than three hundred twenty (320) square feet. (Ord. 2015-24, 9-14-2015)

   A.   It shall be unlawful to bring a mobile home into the city, or to permit a mobile home to stand in the city.

   B.   Camping trailers, travel trailers, and recreational vehicles may be stored within the city; provided, that it shall be unlawful for any person to inhabit such camping trailer, travel trailer, or recreational vehicle within the city, except as provided as follows:

      1.   Emergency, such as fire, flood, storm, etc. Use beyond thirty (30) days will require a permit issued by the building and zoning administrator/inspector.

      2.   Guests, not to exceed seven (7) days.

   C.   No trailer, camping trailer, travel trailer or recreational vehicle shall be permanently affixed to the ground or connected to city water or sewer, or shall be used as a principal or accessory unit or structure on a lot in any district.

   D.   One trailer, camping trailer, travel trailer or recreational vehicle may be parked or stored in the open on a lot in a residential zoning district, and only when it is located rear of the front building setback line and a minimum of five feet (5') away from the side and rear property lines, or if in front of the front building setback line, when it is parked or stored on an established driveway composed of a dustless surface material.

      1.   Exception: No trailer, camping trailer, travel trailer or recreational vehicle, shall be parked or stored in such a way that, in the opinion of the building and zoning administrator/inspector, it blocks the visibility of oncoming traffic so as to create a safety hazard.

      2.   Exception: Lots in the R-1, R-2, R-3 zoning districts, and residential lots exceeding fifteen thousand (15,000) square feet in area, shall be allowed one camping trailer, travel trailer or recreational vehicle and one additional trailer, that may be parked or stored in the open, and only when it is located rear of the front building setback line and a minimum of fifteen feet (15') away from the side and rear property line, or when it is parked or stored on an established driveway.

   E.   No inoperative or unlicensed trailer, camping trailer, travel trailer, or recreational vehicle shall be kept or stored in the open on any premises, nor at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

   F.   A trailer used by a contractor as an office, or for the storage of equipment or material, shall be permitted to stand on private property during the period of actual construction of a building project in the city. Construction trailers shall be located on the same or a contiguous lot as the buildings being constructed and shall be removed from the property prior to issuance of a certificate of occupancy. (Ord. 2015-24, 9-14-2015)

   A.   As the purpose of a trailer, travel trailer, or recreational vehicle is to be mobile, the regulations regarding storage and parking contained herein are to be for a limited duration only. The maximum time a trailer, travel trailer, or recreational vehicle may be stored or parked continuously in the open on a zoning lot is six (6) months.

   B.   Cargo or "moving" trailers specifically designed for moving one's belongings from residence to residence, sometimes known as "PODS" trailers, are allowed to be placed on a driveway for a maximum duration of two (2) weeks. An additional one week may be granted with permit from the building and zoning administrator/inspector. (Ord. 2015-24, 9-14-2015)

Any person violating any provisions of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2015-24, 9-14-2015)

This section of the zoning ordinance is established to create the standards for a comprehensive and balanced system of sign regulations for the following purposes:

   A.   To encourage, as a means of communication in the city, the employment of signs which are:

      1.   Compatible with their surroundings.

      2.   Appropriate to the type of activity to which they pertain.

      3.   Expressive of the identity of individual proprietors.

      4.   Legible in the circumstances in which they are seen.

      5.   Respectful of the reasonable rights of other sign owners.

   B.   To preserve, protect and promote the public health, safety and welfare.

   C.   To improve pedestrian and traffic safety.

   D.   To maintain and enhance community appearance and the city's ability to attract sources of economic development by promoting the reasonable, orderly and effective display of signs.

   E.   To minimize the possible adverse effect of signs on nearby public and private property.

   F.   To preserve the value of private property by assuring the compatibility of signs with surrounding land uses.

   G.   To ensure that signs are designed as integral architectural elements of the building and site to which they principally relate. (Ord. 2012-5, 2-13-2012)

No sign shall be constructed, erected, converted, altered, rebuilt, enlarged, remodeled, relocated or expanded until a permit for such sign has been obtained in accordance with the standards and procedures set out in this chapter. However, no permit shall be required for routine maintenance as defined herein. (Ord. 2012-5, 2-13-2012)

The definitions noted below apply uniquely to this chapter and supersede any conflicting definitions found in the zoning ordinance.

ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

AWNING: A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be permanently affixed or affixed in such a manner that it may be raised or retracted to a position against the building.

AWNING SIGN: Any sign that is painted, printed or otherwise placed on the outer surface of an awning in such a manner that the awning forms the background surface of the sign.

BANNER SIGN: Any temporary sign of lightweight fabric or similar material that is attached to a pole or building and secured on at least two (2) sides. National flags, state or municipal flags, shall not be considered banners.

CANOPY AND MARQUEE SIGNS: Any hood or roof like structure of permanent construction supported entirely by the building, and projecting from the building's wall.

CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be manually changed or rearranged.

CITY: The city of Plano, Kendall County, Illinois.

CITY COUNCIL: The mayor and aldermen of the city of Plano.

COMMERCIAL MESSAGE: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMPREHENSIVE SIGN PLAN: A sign plan approved by the plan commission indicating the size and location of all signs to be located in a unified business center or on a business or manufacturing property. This is a component of the overall site plan submittal and approval process.

CONSTRUCTION SIGN: A sign announcing the impending construction of a project, limited to displaying the name of the project, the developer, the financial institution providing the finance, the designer(s), the general contractor, a phone number where more information may be obtained, and a date announcing the planned completion of the project.

DOWNTOWN: All commercially zoned properties which touch the area bound by North Street to the north, Dearborn to the south, Cook to the west and East to east.

ERECT: To build, construct, attach, hang, rehang, place, affix, or relocate and includes the painting or lettering of a sign.

EXTERNAL ILLUMINATION: Illumination of a sign which is produced by an artificial source of light which is not contained within the sign itself.

FACADE: Any side, surface or wall below the roof of a building which is parallel or within forty five degrees (45°) of parallel with a parcel's frontage on a public thoroughfare, which faces toward and relates to that public thoroughfare. If a building has a complex shape, then all walls or surfaces facing in the same direction, or nearly the same direction, are part of a single facade.

FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLASHING SIGN: A directly or indirectly illuminated sign where the source of illumination is not maintained constant or stationary in the intensity or color at all times when such sign is in use.

FOR SALE/FOR LEASE/FOR RENT SIGNS: A sign which directs attention to a housing, office, or retail development with space for sale, lease or rent.

FREESTANDING SIGN: Any sign not attached to a building; primarily ground signs, pole signs, pylon signs, and portable signs.

GARAGE/YARD SALE SIGN: Any sign used in residential zoning districts to advertise the sale of used, unwanted household goods.

GASOLINE STATION: A premises where motor fuels are sold for direct use by motor vehicles.

GRADE: Established or finished elevation measured at the centerline of the adjacent street.

GROUND SIGN: Any detached sign which has its bottom portion erected upon or mounted on a base that is permanently set on the ground that is at least as wide as the bottom side of the sign. Ground signs are also commonly known as monument signs.

IDENTIFICATION SIGN: A sign where the text gives the name and address of a building, business, development, or establishment. Such a sign may also be wholly or partly devoted to a readily recognized symbol.

ILLUMINATED SIGN: Any sign which is lit by an artificial (usually electric) light source.

INFLATABLE SIGN: Any sign or inflatable device of more than two (2) cubic feet in capacity designed to be filled with air or a gas lighter than air, displayed to attract the attention of the public. This definition shall include balloons and balloon signs.

INSPECTOR: The building and zoning administrator or his designee, of the city of Plano.

INSTRUCTIONAL SIGN: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance", "loading only", and other similar directives.

INTERNAL ILLUMINATION: The illumination of a sign which is produced by an artificial source of light concealed or contained within the sign itself, and which becomes visible in darkness through the translucent portion of the sign face.

MOVIE OR LIVE ENTERTAINMENT THEATER: A fully enclosed building with fixed or movable seats arranged in an auditorium fashion, where motion pictures or live entertainment acts are presented.

NONCONFORMING SIGN: Any sign that does not conform to the requirements of this chapter.

OFF SITE SIGN: Any general outdoor advertising sign, which is designed to advertise or direct attention to a business or activity conducted or a product, commodity, service, real property, entertainment, or facilities offered or sold elsewhere than on the same lot or within the same building upon which the sign is located or to which it is affixed, or which directs persons to a location different from where the sign is installed. The term "billboard" shall be included in this definition.

PERSON: Any individual, firm, partnership, association, corporation, company, organization, or partnership, singular or plural, of any kind.

POLE SIGN: A sign mounted on one or more freestanding pole(s) or pylons.

POLITICAL SIGN: Any sign displayed in conjunction with an official election or referendum, used on behalf of candidates for elected public office or to advocate a position on referenda.

PORTABLE SIGNS: Any sign attached to or mounted upon a frame intended to be moved from place to place.

PROJECTING SIGN: A sign wholly or partly dependent upon a building for support, and which projects more than twelve inches (12") in a perpendicular fashion from such building.

ROW OR RIGHT OF WAY: The publicly owned property in which public streets are constructed. Normally comprised of paved roadway with curbs or graveled shoulder, landscaped parkway or ditch, and may include public sidewalks. When no public sidewalks are present the edge of the right of way is considered (for the purposes of enforcement of this chapter) to be a minimum of ten feet (10') from the edge of the paved roadway.

RESIDENTIAL REAL ESTATE SIGN: A sign used to advertise the sale, lease or rent of an individual home, apartment or property located in a residential zoning district.

RESIDENTIAL SIGN: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located.

ROOF SIGN: A sign mounted on the roof of a building.

ROUTE 34 COMMERCIAL DISTRICT: All business zoned properties which are contiguous to each other and at least one of which touches Route 34 between Eldamain on the east and the city limits on the west.

SIGN: A name, identification, description, display, message, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.

SIGN CONTRACTOR: A person or entity who performs work for compensation in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign.

SIGN STRUCTURE: The sign and all parts associated with its mounting.

SIGN SUPPORTS: All structural features by which a sign is held up, including, for example, poles, braces, guys, and anchors.

SIGN SURFACE AREA: The total exposed surface within a continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color used as an integral part of the display or to differentiate the sign from the background on which it is placed.

SUSPENDED SIGN: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

TEMPORARY SIGN: Any sign designed, constructed, or erected to display a message for a limited duration of time. Such signs include, but are not limited to: banner, beacon or searchlight, garage/yard sale, grand opening, inflatable, political, portable, real estate, and special event signs, as well as any other sign which by its definition and application in this chapter is designated as a "temporary sign".

UNIFIED BUSINESS CENTER: A premises containing three (3) or more individual offices or businesses sharing a common building.

WALL SIGN: Any sign attached parallel to and supported by a wall or building, and within six inches (6") of such wall, or painted on the wall surface of any building.

WINDOW AREA: Any transparent area on a facade through which the interior of a premises may be viewed from outside.

WINDOW SIGN: Any sign which is affixed or placed so that its message or image is read as a part of the total composition of a window area.

ZONING LOT OR LOTS: A single tract of land which is designated by its owner or developer as a tract to be used, developed or built upon as a single unit, under single control or ownership. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county recorder of deeds, or it may include parts of or a combination of such parcels when adjacent to one another and used as one lot. (Ord. 2012-5, 2-13-2012)

The following signs shall be exempt from all but the maintenance and public safety requirements of this chapter:

   A.   Government Signs: Any public notice, warning, directional, and other instructional or regulatory signs required by a valid and applicable federal, state, or local law, regulation, or ordinance.

   B.   Interior Signs: Any sign inside a building, not attached to a window or door, which cannot be read from vehicles passing on adjoining streets.

   C.   Nonsign Decorations: Temporary displays, including holiday lights, decorations, painted window areas, works of art, flags (not exceeding 50 square feet), memorial signs, religious or historic symbols, and other displays with no commercial message.

   D.   Traffic Control Signs: On private property, such as stop, yield, and similar signs which meet Illinois department of transportation standards, and which contain no commercial message.

   E.   Memorial Signs: Memorial signs or tablets listing names or buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material.