Schiller Park City Zoning Code
ARTICLE I
GENERAL
§ 155.101 TITLE.
This Chapter shall be known, cited and referred to as the Schiller Park Zoning Ordinance.
(Ord. 05-2539, passed 10-11-05)
§ 155.102 PURPOSE, OBJECTIVES.
This Zoning Ordinance is adopted for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the property. The fulfillment of this purpose is to be accomplished by seeking the following objectives:
(A) To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Village.
(B) To protect residential, business, commercial and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land which is allocated to a class of uses shall not be usurped by other inappropriate uses.
(C) To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion and reduction of flood damage.
(D) To fix standards to which buildings and structures shall conform.
(E) To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein.
(F) To foster a more rational pattern of relationship between residential, commercial and manufacturing uses for the mutual benefit of all.
(G) To lessen congestion on the public streets.
(H) To control concentration of populations, thereby ensuring proper living and working conditions and preventing the development of blight and slums.
(I) To establish adequate standards for the provision of light, air and open spaces.
(J) To provide for adequate transportation facilities and for other public requirements and services such as water, sewerage, schools and parks.
(K) To isolate or control the location or unavoidable nuisance-producing uses.
(L) To define the powers and duties of the administrative and enforcement officers and bodies.
(M) To prescribe penalties for any violation of the provisions of this Chapter, or of any amendment thereto.
(Ord. 05-2539, passed 10-11-05)
§ 155.103 INTENT.
The standards and requirements contained in this Chapter, and the district mapping reflected on the Village of Schiller Park Zoning District Map are intended to implement the objectives of the comprehensive plan for the Village.
(Ord. 05-2539, passed 10-11-05)
§ 155.104 SCOPE OF REGULATIONS.
All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocations of existing buildings occurring hereafter shall be subject to all regulations of this Chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located; however, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Chapter and provided that construction is begun within six months of such effective date and diligently prosecuted to completion (completion to be accomplished within 18 months of the adoption of this Chapter), 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 Article V, Nonconforming Buildings, Structures and Uses.
Where the Zoning Administrator has issued a permissive use, permit, a conditional use permit, or a permit for a variance pursuant to the provisions of this Chapter, such permit shall become null and void unless work thereon is substantially underway within six months of the date of the issuance of such permit by the Zoning Administrator, and completed within 18 months of the issuance of such permit.
A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than six months for any reason.
Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this Chapter, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yard shall be required on lots used for public recreation areas.
No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in a commercial or industrial district, or used for any purpose not permitted in a residence district.
(Ord. 05-2539, passed 10-11-05)
§ 155.105 REGULATIONS FOR UNIQUE USES.
(A) Fences, Walls and Hedges.
(1) Residential districts.
(a) In required front yards, fences are allowed but shall be open fences and shall not exceed four (4) feet in height.
(b) In corner side yards and any portion of any other yard abutting a street fences are allowed but shall be open fences and shall not exceed four (4) feet in height. However, if the fence is setback at least three (3) feet from the lot line, then the maximum height of any fence constructed in those yards may be six (6) feet and the fence may be either open or solid.
(c) In required rear yards not abutting a street, and in interior side yards, solid fences are allowed but shall not exceed six (6) feet in height. However, if those yards are adjacent to a commercial or industrial lot, then the maximum height of any fence constructed in those yards may be eight (8) feet.
(d) If a rear lot line abuts a front yard on a neighboring residential property, any fence constructed in the required rear yard shall be an open fence and shall not exceed four (4) feet in height.
(e) In any required rear yard with a garage or parking pad leading to an alley, fences shall be placed either at least three (3) feet back from the rear lot line, or at or behind the garage or parking pad, whichever is lesser from the rear lot line. However, if the fence does not exceed four (4) feet and remains open, the fence may be set at the rear lot line.
(2) Commercial and industrial districts.
(a) In required front and corner side yards, and any portion of any other yard abutting a street, fences are allowed but shall be open fences and shall not exceed six (6) feet in height.
(b) In required rear and interior side yards, solid fences are allowed but shall not exceed eight (8) feet in height.
(3) Regulations affecting all districts.
(a) No fence, wall, hedge, shrubbery, vegetation, or object shall be erected, constructed, maintained, or grown to a height exceeding four (4) feet within twenty-five (25) feet of the nearest corner of an intersection.
(b) No wall, hedge, shrubbery, or object shall be erected, constructed, maintained, or grown within six (6) feet of the front or corner lot line,
(c) No fence shall be constructed of chain link material, except construction fences when given permission by the Zoning Administrator upon a showing of good cause.
(d) No construction fence shall remain on any lot after expiration of the building permit or ten (10) days after the construction is completed, whichever comes first.
(4) Exceptions.
(a) Notwithstanding § 155.302, if any regulations differ from those regulations located in sections for specific zoning districts, the regulations for the specific zoning district shall prevail.
(b) Where repairs or alterations are made affecting 50% or more of an existing fence or wall, the entire fence or wall shall be made to conform with the requirements of this section.
(B) Swimming Pools.
(1) Every outdoor swimming pool, whether aboveground or level with the ground, having a maximum depth of over 18 inches shall be completely surrounded by a fence not less than four nor more than eight feet in height. A building or existing wall may be used as part of such enclosure. The walls of any above-ground swimming pool shall not be deemed to constitute such a fence in and of themselves. Such required fence shall comply with all requirements of other Village ordinances pertaining to fences, and the provisions of this Section shall not be construed to require or permit any fence heights greater than permitted by such other ordinances.
(2) All gates or doors opening through the required fence shall be designed to permit locking and shall be kept locked when the pool is not in actual use or when the pool is unattended. All such gates or doors shall be self-latching and shall have the latches placed at least four feet above the ground or otherwise made inaccessible to small children.
(3) Fencing must be closed from the effective ground level to a height of five feet. If the fencing is not closed, the pool shall be effectively screened from view from outside the lot by densely-planted compact trees or hedges from the effective ground level to a height of five feet above the ground.
(4) An approved pool cover shall be installed during those periods when use of the pool is discontinued for a period of time in excess of 48 hours.
(5) All outdoor swimming pools shall meet minimum side yard requirements and in addition thereto shall be set back at least two feet for each one foot of structure height exceeding four feet in height. For the purpose of this section the words "structure height" shall include any railing or other projection above the pool surface.
(C) Tents.
(1) No tent in any zoning district shall be erected for more than ten consecutive days, and no tent shall be erected on any given property more than three times per year.
(2) All tents in industrial or commercial districts shall be regulated through a special event permit.
(3) No tents in any zoning district shall be erected on any property between November 30 and March 1 of any year.
(4) All erected tents must be located behind the building lot line for each property and, at a minimum, at least 15 feet behind the front lot line of the property where the tent is erected.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 08- 2691, passed 9-23-08; Am. Ord. 12-2875, passed 1-24-12; Am. Ord. 21-4255, passed 2-4-21; Am. Ord. 22-4306, passed 3-3-22; Am. Ord. 23-4345, passed 2-2-23)
§ 155.106 NUMBER OF BUILDINGS ON A ZONING LOT.
Except in the case of planned developments, 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. 05-2539, passed 10-11-05)
§ 155.107 MINIMUM LOT SIZE; CONTIGUOUS OWNERSHIP.
(A) Every residential building hereafter erected on a zoning lot or parcel of land created subsequent to the effective date of this Chapter shall provide a lot or parcel of land in accordance with the lot size requirements of the district within which it is located.
(B) However, in all residential zoning districts where two or more parcels of land (which may contain a lot or lots of record) are contiguous and one or more of such parcels lack adequate area or width to qualify for a permitted use under the requirements of the zoning district in which such parcels are located, such parcels shall be maintained and used as one zoning lot for such use in the event such parcels have been held in contiguous ownership at any time after July 28, 1977 (the effective date of Appendix A – Zoning, of the Code of Ordinances of the Village), or the date of adoption of any ordinance prescribing lot area or dimension requirements with which such parcel does not comply, whichever is later.
(1) In the R-1, R-2, and R-2/O zoning districts, any single lot or parcel of land not held in contiguous ownership that does not meet the requirements for minimum lot width and/or minimum lot area may be utilized for a permitted single-family dwelling use, subject to the requirements of §§ 155.1004(C), 155.1104(C), and 155.1204(C) of this Chapter.
(2) In no case shall a lot created illegally be considered a zoning lot or a lot of record.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 07-2625, passed 3-27-07
)
§ 155.108 ACCESSORY BUILDINGS.
(A) Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building.
(B) Percentage of Required Rear Yard Occupied. Detached accessory building or buildings may be located in a required rear yard; however, no such detached accessory building or buildings shall occupy more than fifty percent (50%) of the area of a rear yard.
(C) Size of Accessory Buildings.
(1) Private garages constructed for the shelter of motor vehicles owned by such person shall be constructed as not to exceed 720 square feet.
(2) Tool houses, storage sheds, or other similar building for the storage of domestic supplies shall be constructed as not to exceed 120 square feet.
(D) Heights of Accessory Buildings. No detached accessory building or structure shall exceed the height of the principal building or structure provided, however, that in zoning districts hereinafter designated as R-1, R-2, R-2/O, R-3 and R-4 no detached accessory building shall be constructed in excess of 12 feet in height; except that detached garages may be erected to a maximum height not to exceed 16 feet.
(E) Separation Between Buildings. Detached accessory buildings or structures shall be located no closer to any other accessory or principal building than three feet.
(F) Limitation on Number of Accessory Buildings. Single-family dwellings shall be limited to one garage per zoning lot. All residential zoning lots shall be limited to one storage shed or other similar building for the storage of domestic supplies constructed in accordance with the district regulations.
(G) Accessory Building Use Limitation. In zoning districts hereinafter designated as R-1, R-2, R-2/O, R-3 and R-4 no detached accessory building shall be utilized for the purpose of conducting business, selling merchandise or property, dwelling, living, lodging or any form of prolonged habitation. Guest houses, coach houses and granny flats are prohibited.
(Ord. No. 79-1376, § 1, 12-6-79; Am. Ord. 05- 2539, passed 10-11-05; Am. Ord. 06-2567, passed 4-25-06; Am. Ord. 18-4071, passed 6-21- 18; Am. Ord. 19-4191, passed 12-5-19; Am. Ord. 21-4251, passed 1-21-21; Am. Ord. 24-4398, passed 3-7-24)
§ 155.109 BULK REGULATIONS.
(A) Continued Conformity with Bulk Regulations. The maintenance of yards 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, 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, other open space or minimum lot area requirements for any other building.
(B) Location of Required Open Space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(C) Required Yards; Existing Buildings. No yards, now or hereafter provided for a building existing on the effective date of this Chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(D) Permitted Obstructions in Required Yards. Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than fifty percent (50%) of any required yard. However, the following shall not be considered to be obstructions when located in the required yards specified:
(1) In all yards. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 24 inches or less into the yard; approved freestanding signs; arbors and trellises; flagpoles; window unit air-conditioners projecting not more than 18 inches into the required yard; and fences or walls subject to applicable height restrictions of this chapter.
(2) In front yards.
One-story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yards. Open terrace shall not extend more than 6 feet into any required front yard, and in no event shall the open terrace extend within 10 feet of the front lot line.
(3) In rear yards. Open off-street parking spaces; balconies, recreational and laundry dying equipment; fallout shelters; outside elements of central air conditioning systems, extending not more than four feet into the yard; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.
(4) In side yards. Overhanging eaves and gutters projecting 18 inches or less into the yard.
(E) Established Building Setback and Minimum Front Yard. In any residential zoning district, in the event fifty percent (50%) or more of the lots fronting on one side of a block having five or more single-family residences located thereon have building setbacks lesser or greater in depth than that required for front yards in such given residential zoning district, a new single-family residence or an addition to an existing single-family residence may be erected upon a lot within such block but no closer to the street than the established building setback.
(1) In all cases the area between the established building setback and the front lot line shall be the front yard of such lot.
(2) In the event fifty percent (50%) of the lots fronting on one side of such block have building setbacks lesser in depth than that required for front yards and fifty percent (50%) of the lots fronting on one side of such block have building setbacks greater in depth than that required for front yards in such given residential zoning district, the minimum front yard shall be the required front yard in such given residential zoning district.
(F) Floor Area Ratio Application in Particular Cases. In all cases where two or more contiguous zoning lots are in common ownership and there was, at the adoption date of this Chapter, an existing building on one of such lots with less than the permitted maximum floor area ratio, the owner may elect to add the unused portion of the floor area ratio of the existing building to the maximum permitted floor area ratio of any addition to the existing building to be constructed on the adjoining lot, and in the event that such existing building was lawfully existing at the date of adoption of this chapter and exceeds the permitted maximum floor area ratio, any addition to the existing building to be constructed on the adjoining lot shall be entitled to the maximum floor area ratio permitted in the district in which it is located.
(G) Building Limitations.
(1) The height of a principal building, in the zoning districts hereinafter designated as C-1, C-2, C-3, C-4 HRO, I-1, and I-2, shall not exceed 45 feet.
(H) Driveways in Residential Districts. In zoning districts hereinafter designated as R-1, R-2, R-2/O, R-3, and R-4, single-family residences shall be limited to one uninterrupted driveway which provides one access point for ingress onto the lot and egress onto the public way, e.g. only one access point may be provided at the street or one access point at the alley. For all instances in which the public safety is viewed to be compromised or hardship identified as distinguished from a mere inconvenience, the Director of Community Development is authorized to allow for dual frontage driveways or multiple access points to the lot as conforming with all other Village codes and ordinances.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 06- 2567, passed 4-25-06; Am. Ord. 10-2791, passed 9-28-10; Am. Ord. 17-4015, passed 8-3-17; Am. Ord. 18-4071, passed 6-21-18; Am. Ord. 19-4191, passed 12-5-19; Am. Ord. 24-4398, passed 3-7-24)
§ 155.110 REGULATIONS FOR LICENSED RADIO AND/OR TELEVISION TOWERS AND/OR OTHER TRANSMITTING AND RECEIVING EQUIPMENT, INCLUDING PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES.
(A) Purpose and Interpretation; Procedure.
(1) The purpose of this section is to provide specific regulations for the placement, construction and modification of radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this section are inconsistent or in conflict with any other provision of this chapter, the provisions of this section shall be deemed to control.
(2) In the course of reviewing any request for any approval required under this chapter made by an applicant to provide personal wireless service or to install radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities, the Zoning, Planning, and Appeals Commission shall act within a reasonable period of time after the request is duly filed with the Village Clerk, taking into account the nature and scope of the request. A recommendation to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
(3) Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service or other telecommunications service to all or a portion of the Village, such provider may petition the Village for an amendment to this section, in the manner provided in Article VIII of this chapter for amendments. Upon receipt of the recommendation of the Zoning, Planning, and Appeals Commission regarding such petition, the President and Board of Trustees shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition. A decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record.
(B) Radio and/or Television Towers and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities as Allowable Uses.
(1) A radio and/or television tower and/or other transmitting and receiving equipment or a personal wireless telecommunication facility shall be considered an accessory use to an existing permitted use within the zoning district wherein such radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is located whenever the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility otherwise conforms to all minimum setback and yard requirements of such zoning district contained in this chapter and also conforms to all applicable federal laws and regulations concerning its use and operation; and shall not require a height variation whenever:
(a) The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is located in a wooded area and is camouflaged to appear to be a tree similar to and not more than ten feet above the average height of other trees in such wooded area; or
(b) The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is directly affixed to an existing building and the height of the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility does not exceed ten feet above the roof of an existing building whether or not the personal wireless telecommunications facility uses a roof-mounted antenna; or
(c) The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is located within the I-1 Industrial District or the I-2 General Industrial District and mounted on a free-standing antenna tower and the antenna height above grade does not exceed 100 feet.
(2) All other radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunication facilities, shall be considered a conditional use, and shall require a height variation for that portion of the height of the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility in excess of the maximum height requirements set forth in this Chapter for the zoning district wherein the radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facility is sought to be erected.
(C) Action by the Zoning, Planning, and Appeals Commission and the President and Board of Trustees.
(1) In considering a request for approval of a special use permit or variations to permit the installation of radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facilities as described in this Section, the Zoning, Planning, and Appeals Commission and the President and Board of Trustees shall apply the criteria and other standards set forth in this Section as well as the general standards for conditional uses set forth elsewhere in this Chapter, and also shall give due consideration and weight to whether:
(a) The plans submitted will provide for co-location of other radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication equipment on the same antenna support structure, so as to minimize the proliferation of antenna support structures; and
(b) The applicant has sought and been denied the opportunity to co-locate its radio and/or television and/or other transmitting and receiving equipment or personal wireless telecommunication facilities on an existing antenna support structure; and
(c) The applicant has made adequate efforts but is unable to obtain a site for its facilities within the I-1 Industrial District or the I-2 General Industrial District.
(2) In considering a request for approval of a special use permit or variations to permit the installation of radio and/or television towers and/or other transmitting and receiving equipment or personal wireless telecommunication facilities as described in this Section, by express condition the Zoning, Planning, and Appeals Commission may recommend, and the President and Board of Trustees may require, that the applicant shall allow, on a commercially reasonable basis, other providers of telecommunications services to co-locate additional personal wireless service facilities on a free-standing pole which is part of the applicant's proposed radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility, where such co-location is technologically feasible.
(D) Criteria for Cell Sites and the Placement of Radio and/or Television Towers and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities. Wherever located within the corporate limits of the Village, all radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities shall be located in conformity with the following criteria:
(1) Antenna height. The applicant for such special use permit or variation, as the case may be, shall demonstrate that antenna height is the minimum required to provide satisfactory operation of the radio and/or television and/or other transmitting and receiving equipment or personal wireless telecommunication facilities. No antenna height that is higher than such minimum shall be approved.
(2) Color. Antenna support structures and antennas shall have a finish color of non-contrasting black, blue, gray, or other color which minimizes the visibility of the antenna support structure, provided such color does not violate applicable regulations of the FAA.
(3) Compatibility. Radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunication facilities shall be compatible architecturally with adjacent buildings and land uses or otherwise integrated, through location and design, to blend in with existing characteristics of the site to the extent practical. Site location and erection of a radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility shall preserve the pre- existing character of the site as much as possible. Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance will result in less visual impact of the site upon the areas adjacent thereto.
(4) Design. Antenna towers shall be constructed in conformance with the then current standards of the Electronic Industries Association, the FAA, and the FCC.
(5) Equipment structures. All ground level equipment structures shall comply with the requirements of the Village of Schiller Park Building Code, shall not have a floor area exceeding 300 square feet nor a height exceeding 12 feet, and shall be screened by non-deciduous plantings from the view of persons of at least six feet in height who stand 100 feet from all adjacent lot lines.
(6) Fencing. In order to thwart unauthorized access thereto and minimize any danger to persons, all antenna support structures and ground level equipment structures shall be fenced from adjacent areas by an eight foot high fence otherwise meeting the requirements of the Municipal Code of the Village of Schiller Park.
(7) Lights and signage. Unless required by the FCC, all lights, signals, and/or signs of any kind are prohibited on any radio and/or television tower and/or other transmitting and receiving equipment and/or structure, including a personal wireless telecommunication facility.
(8) Off-street parking. Paved off-street parking adequate to provide parking for at least two trucks shall be required to be installed upon the lot whereon any such special use permit is issued.
(9) Setback. In the industrial and commercial zoning districts of the Village, the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility, shall be setback from adjacent lot lines a distance equal to the requirements for front, rear, and side yards for the zoning district upon which the antenna site is located. However, in the event the antenna is sited upon a lot adjacent to a residential zoning district, the setback from such district shall be at least equal to the antenna height or zoning district yard requirements, whichever is greater, from such residential district. Required fencing shall be located in accord with existing fence regulations therefor.
(E) Prohibited Placement and/or Maintenance of Radio and/or Television Towers and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities.
(1) No variation or special use permit shall be granted to permit any radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility upon any lot in a residential or commercial zoning district which is improved with a structure designed for or containing a permitted use.
(2) No radio and/or television tower and/or other transmitting and receiving equipment, including personal wireless telecommunications facility shall be permitted in any zoning district in the Village unless such service use complies with all applicable federal laws and regulations, including but not limited to those concerned with use and operation. Such equipment shall be removed within six months of its becoming technologically obsolete.
(F) Nonconformities. All radio and/or television towers and/or other transmitting and receiving equipment or personal wireless telecommunication facilities installed and operating prior to the enactment of this Section which would be prohibited hereunder shall be considered legal nonconforming uses and/or legal nonconforming structures, as the case may be, and shall be subject to the rules for nonconforming buildings and uses set forth in this Chapter.
(Ord. 05-2539, passed 10-11-05)
§ 155.111 EXISTING CONDITIONAL USES.
(A) Where a use is classified as a conditional use under this Chapter, and exists as a conditional or permitted use at the date of the adoption of this Chapter, it shall be considered to be a legal conditional use.
(B) Where a use is not allowed as a conditional or permitted use under this Chapter, and exists as a conditional use at the date of the adoption of this Chapter, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of Article V hereof.
(Ord. 05-2539, passed 10-11-05)
§ 155.112 SEVERABILITY.
It is hereby declared to be the intention of the Village Board that the several provisions of this Chapter are separable, in accordance with the following: If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provision of this Chapter not specifically included in said judgment.
(Ord. 05-2539, passed 10-11-05)