A.   In their interpretation and application, the provisions of this title shall be held to be minimum requirements for the promotion of the public health, safety, morals, and welfare.

   B.   Where the conditions imposed by any provision of this title upon the: 1) use of land or buildings, 2) the bulk of buildings, 3) floor area requirements, 4) lot area requirements, and 5) yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any duly constituted public agency having jurisdiction, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   C.   This title is not intended to abrogate any easement, consent, or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easement, consent, or other private agreement, the requirements of this title shall govern.

   D.   Interpretations of the zoning enforcement officer are subject to appeal in accordance with the provisions of this zoning ordinance. (Ord. 10-09, 8-17-2010)

The regulations set by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.

   A.   Conformity With Regulations: No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified of the district in which it is located.

   B.   Prohibited Alterations: No building or other structure shall hereafter be erected or altered to:

      1.   Exceed the height;

      2.   Accommodate or house a greater number of families;

      3.   Occupy a greater percentage of lot area;

      4.   Have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this title.

Exception: Roof structures for the housing of stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimney, smokestacks, radio and television aerials, wireless masts, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than twenty five feet (25') the height limits of the district in which it is located.

   C.   Yards, Off Street Parking And Loading: No part of the yard, or other open space, or off street parking or loading space required about, or in connection with any building for the purpose of complying with this title, shall be included, by reason of change in ownership or otherwise, as part of a yard, open space, or off street parking or loading space similarly required for any other building.

   D.   Reduction In Dimension Or Area: No yard or lot existing hereof shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title.

   E.   Public Street Width: No private street or easement of access to a public street shall have a width of less than fifty feet (50').

   F.   Certificates Of Zoning Compliance: All articles of title 10 will be covered by a certificate of zoning compliance in the areas outside of the corporate limits of the village but within one and one-half (11/2) miles of those corporate limits. Fee structure for zoning compliance is as outlined in section 10-6-4 of this title. (Ord. 10-09, 8-17-2010)

All territory which may hereafter be added to the area of village zoning jurisdiction shall be considered to be zoned in the most restrictive zone district unless otherwise specified in the annexation agreement. Any areas which shall become added to the area of zoning jurisdiction of the village shall be studied by the plan commission and a public hearing may be held on the proposed use district prior to the inclusion of the territory within village jurisdiction. (Ord. 10-09, 8-17-2010)

   A.   Not more than one principal residential building shall be located on a single zoning lot, nor shall a principal residential building be located on the same zoning lot with any other principal building.

   B.   Every building shall face upon a public street or a permanent easement of access to a public street, which easement shall have a minimum width of fifty feet (50'). (Ord. 10-09, 8-17-2010)

No trailer (mobile home) shall be allowed in the zoning jurisdiction except in a trailer court, excepting on a temporary basis upon the following conditions:

   A.   That construction begin within forty five (45) days of the granting of such temporary permission.

   B.   That a cash bond in the sum of five hundred dollars ($500.00) be deposited with the village treasurer, which will be forfeited if the building is not commenced within the forty five (45) days of the granting hereof, or if the same is not completed within one year from the granting of such permission.

   C.   Within three hundred sixty five (365) days of posting of bond or in alternative, completion of home, whichever comes first, the trailer is to be located and moved from the premises. No refund or bond will be made until the trailer is removed from the premises. Owner agrees the village has the right to remove, impound and sell at public sale, the trailer until removal expenses and all other expenses are paid by the owner and forfeit the bond. (Ord. 10-09, 8-17-2010)

   A.   Sanitary landfills will not be allowed in the area governed by the village unless it complies with the following criteria:

      1.   Complies with all federal, state and local laws and ordinances.

      2.   Applicant shall submit a complete in depth environmental impact study with petition for site approval. Said study shall include relative facts as regards adverse impact on public and private water systems within the tri-zoning jurisdiction. (Tri- zoning is Seneca, Manlius Township, and Brookfield Township.)

      3.   Site shall not exceed twenty five (25) acre maximum.

      4.   At no time, during operation, or following closing of the site, shall the landfill exceed the height of the highest point of surrounding topography, or one hundred feet (100').

      5.   The side shall be no closer than three thousand feet (3,000') to any residence premises.

      6.   The landfill shall not dramatically change or impact the surrounding environment or land uses.

      7.   Landfill shall be constructed completely aboveground (no excavation) and contain a base liner and other technology that would completely restrict "leaching" and release of contaminants.

      8.   The landfill shall be located in an area zoned industrial.

      9.   Only one landfill site (operating or nonoperating) shall be permitted in the zoning jurisdiction of the tri-zoning agreement.

      10.   The landfill shall be completely enclosed by fencing at least ten feet (10') in height on its perimeters to contain landfill debris carried by wind. The fences are to be cleaned on a daily basis.

      11.   Waste shall be covered immediately upon its arrival at the site.

      12.   Landfill construction, engineering and operation technology shall meet or exceed EPA minimum standards, and shall modify operations to meet or exceed changing criteria.

      13.   Recyclable waste arriving at the site shall be recycled.

      14.   All disposable containers or containments shall be biodegradable.

      15.   Hours of operation shall be no earlier than five o'clock (5:00) A.M. and no later than six o'clock (6:00) P.M.

      16.   Failure to successfully meet all of the above criteria shall be cause for denial of site approval.

   B.   If section 7-4-5 of this code conflicts with this section, then section 7-4-5 of this code shall control.

   C.   Violation of this section is hereby declared to be a public nuisance, causing a detriment to the public health, safety and welfare of the people of the village to be enforceable by injunctive relief. (Ord. 10-09, 8-17-2010)

It shall be unlawful for any person to erect any outdoor sign that is visible in a public way except in conformance with title 9, chapter 3 of this code. (Ord. 10-09, 8-17-2010)

   A.   Purpose: The purpose of these regulations is to alleviate or prevent the congestion of public streets, 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.

   B.   General Provisions:

      1.   Scope Of Regulations: Off street parking and loading provisions of this section shall apply as follows:

         a.   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.

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

         c.   Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.

      2.   Damage Or Destruction: For any conforming or legally nonconforming building or use which is in existence on the effective date hereof, which is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished 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. In no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this section for equivalent new uses or construction.

      3.   Submission Of Site Plan: Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include a site plan, drawn to scale and fully dimensioned, showing parking or loading facilities to be provided in compliance with this section.

      4.   Time Of Completion: Off street parking and loading facilities, as required by this section, shall be constructed at the time of erection, establishment, alteration, or enlargement of the building, structure or use of land for which they are required to serve and be available for use no later than the time the premises are utilized for their intended use.

   C.   Regulations And Requirements:

      1.   Location Of Parking Facilities: Unless otherwise approved as part of a special use permit, all required off street parking and loading facilities, which serve a building, structure or land uses, which are erected, established, altered, enlarged, or intensified after the effective date hereof, and all such parking facilities which are established or increased voluntarily pursuant to this title, shall be located on the same lot as the building, structure, or use of land to be served.

      2.   Joint Parking Facilities:

         a.   In any zoning district where compatible, collective off street parking facilities are available to serve different buildings, structures or uses, joint parking may be permitted by the village as a special use, according to procedures set forth in chapter 8 of this title.

         b.   The total number of spaces provided may be less than the sum of the separate parking requirements specified in subsection E, "Schedule Of Off Street Parking Requirements", of this section, for each building or use, provided that:

            (1)   The parking to be provided for individual land uses shall reflect the actual peak demand for parking as defined by ordinance.

            (2)   The land uses and the shared parking facility shall be located close enough to one another, so that individuals would be willing to walk to each use from most points in the parking facility.

            (3)   Parking spaces to be shared shall not be reserved for certain individuals or groups on a twenty four (24) hour basis.

            (4)   Any subsequent change in land uses within the shared parking area shall require a new occupancy permit, and proof that sufficient parking shall be made available.

      3.   Downtown Parking Zone:

         a.   Purpose: The downtown parking zone (DPZ) approximates an area that historically has been the village's downtown and also includes the area around village hall. Generally, the DPZ is occupied with older commercial and residential buildings on small lots. Such development, which occurred before the current level of automobile use in today's society, often means that parcels are not of an adequate size to accommodate the required number of off street parking spaces. The DPZ allows for an areawide approach to solving the parking demands of the downtown area. The relaxation in parking requirements for the DPZ is intended to encourage the preservation of older buildings, create a pedestrian friendly environment, and ensure robust economic activity for commercial establishments in the area.

         b.   Standards:

            (1)   Exemption From Parking Requirements: Small residential and business land uses within the DPZ are exempt from the minimum parking requirements of this section. However, if a commercial land use has a gross floor area of five thousand (5,000) square feet or more, then the standards contained in subsection E, "Schedule Of Off Street Parking Requirements", of this section shall apply.

            (2)   Inclusion Of On Street Parking: If parking is required of a particular use in the DPZ, all on street parking spaces within one hundred fifty feet (150') and any parking spaces within municipal parking lots within three hundred feet (300') may be included in the calculation for the required number of off street parking spaces. Such distances shall be measured from the customer entrance to the commercial use to the parking spaces.

            (3)   Maximum Off Street Parking Limits: Commercial establishments within the DPZ shall not provide a number of off street parking spaces that is greater than one hundred percent (100%) of the parking requirement for that particular establishment's land use found subsection E, "Schedule Of Off Street Parking Requirements", of this section.

            (4)   Other Parking Arrangements: Shared parking and collective parking arrangements (subsection C2, "Joint Parking Facilities", of this section) are permissible and encouraged.

            (5)   Administrative Adjustment: The street commissioner may grant administrative adjustment of parking requirements for noncommercial and nonresidential land uses within the DPZ. In order to approve such an administrative adjustment, the street commissioner must find that:

               (A)   Based on evidence provided by the property owner, parking demand for the property can be met with available on and off street parking in the immediate vicinity; and

               (B)   An administrative adjustment of the parking requirements will have minimal adverse effects on other nearby land uses and surrounding neighborhoods; and

               (C)   Strict adherence to the parking requirements of subsection E of this section would cause undue hardship for the property owner.

      4.   Yard Requirements:

         a.   Single-Family Residential: For purposes of this section, required parking for single-family detached and attached dwellings, may include one space in a garage and one space on the driveway, provided however, driveways are at least nine feet (9') wide.

         b.   All Other Districts: There shall be no parking in minimum yards. Plans shall demonstrate compliance with the Illinois accessibility code and Americans with disabilities act, as may be amended from time to time.

      5.   Access:

         a.   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. Off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movements.

         b.   All areas providing for off street parking facilities shall open directly upon an aisle or driveway not less than nine feet (9') wide for single-family, and twelve feet (12') wide for all other dwelling units, or provide such additional width and design as shown in the "off street parking chart".

      6.   Floor Area: For the purpose of determining off street parking and off street loading requirements, floor area shall be calculated as the sum of the gross horizontal area of the several floors of the building or buildings, excluding:

         a.   Areas used for off street parking and loading facilities.

         b.   The horizontal areas of the basement that are devoted exclusively to uses accessory to the operation of the entire building.

         c.   The horizontal areas of boiler and mechanical rooms used for heating, ventilating and air conditioning equipment.

      7.   Computation:

         a.   When determination of the number of off street parking spaces required by this section 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.

         b.   If a particular use is not listed in subsection E, "Schedule Of Off Street Parking Requirements", of this section, the village engineer shall determine the requirements of said use by assigning the same requirements as another use which is deemed to be similar in nature to, and compatible with, said unlisted use.

      8.   Size:

         a.   Required parking for single-family residential uses, including single-family detached, attached or duplex dwellings, shall be at least nine feet by twenty one feet (9' x 21').

         b.   Required parking spaces for all other uses shall be at least nine feet (9') in width and at least eighteen feet (18') in length, exclusive of access drives or aisles.

         c.   The number and dimension of parking spaces to be set aside for the handicapped shall be provided in accordance with the standards of the Illinois capitol development board, as set forth in "Accessibility Standards, Illustrated", as may be amended from time to time.

      9.   Design:

         a.   Surface: The surface of a parking lot shall be striped to clearly define spaces and drive aisles. Proposed striping shall be subject to approval by the village engineer. All parking facilities and accessways to the parking areas, except those for single-family residential dwellings, shall have a dust free surface. Parking areas located between a public road or street and the principal building on the lot shall be paved.

         b.   Curbing: All off street parking facilities consisting of twelve (12) or more spaces, shall be improved with curbing, as approved by the village engineer.

         c.   Lighting:

            (1)   Parking lot lighting shall be required for lots with more than twelve (12) spaces that are used at night.

            (2)   Lighting shall be extinguished one-half (1/2) hour after the close of business, except as may otherwise be permitted or required by the village council.

            (3)   Any lighting shall be arranged and maintained so that it does not shine directly upon any adjacent residence or street and does not produce excessive glare.

         d.   Screening And Landscaping:

            (1)   Screening of required off street parking and off street loading spaces shall be provided according to standards approved by the village engineer for all nonresidential uses of this zoning ordinance.

            (2)   Unless otherwise approved by the village council, an area equal to not less than one nine foot by eighteen foot (9' x 18') space for every twenty five (25) parking spaces, shall be set aside for a landscaped island, or a landscaped area between the parking lot and the building it serves, to create visual relief and soften the expanse of pavement:

               (A)   All interior landscaped islands shall be curbed to prevent the destruction of such areas by vehicles.

               (B)   An area between two (2) and five feet (5') aboveground shall be kept clear of plant growth, except for tree trunks, in order to assure that pedestrians and automobiles will be visible to a motorist at all times.

               (C)   Interior landscaping shall include, at a minimum, one deciduous street tree for each twenty five (25) parking spaces. Trees shall be not less than three inches (3") in caliper, as measured twelve inches (12") above grade, when installed.

               (D)   All landscaping shall be permanently maintained in good condition with at least the same quality of landscaping as initially installed.

         e.   Access Control And Signage:

            (1)   There shall be no more than one entrance and one exit or one combined entrance and exit along any street unless additional entrance/exit is approved by the village council.

               (A)   One-way driveways shall be clearly marked with appropriate entrance and exit signs.

               (B)   If, in the opinion of the village engineer, traffic in the vicinity of the site warrants the restriction of turning movements or access to and from a parking facility, signs or driveway modifications necessary to accomplish said restrictions shall be provided.

            (2)   Accessory, or directional signs may be double sided, but shall be limited to four (4) square feet of sign area per sign face. Signs shall not be greater than four feet (4') in height. The village engineer may, however, approve exceptions to these requirements if additional height and area is necessary to include essential informational copy.

         f.   Repair And Service:

            (1)   No motor vehicle work or service of any kind shall be permitted within any off street parking facility that is four (4) or more spaces in size.

            (2)   No gasoline or motor oil shall be sold in any accessory off street parking facility.

   D.   Off Street Parking Chart:

 

 

Note:

   1.    Parallel parking. Assumes one-way traffic flow.

These standards are for a nine foot by eighteen foot (9' x 18') parking space.

   E.   Schedule Of Off Street Parking Requirements: Accessory off street parking spaces shall be provided as required for the following uses:

 

   F.   Off Street Loading: Every building which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall be required to have off street loading zones in accordance with requirements of this section.

      1.   Location Of Off Street Loading Facilities: All required off street loading facilities which serve a building, structure, or use of land erected, established, altered, enlarged or intensified after the effective date hereof shall be located on the same lot as the building, structure or use of land to be served, unless established in accordance with the following provisions:

         a.   Central Loading Facilities: Central loading facilities, which serve more than one lot, may be established in accordance with the following requirements:

            (1)   Each lot to be served shall have direct access to the central loading facility without crossing streets or alleys.

            (2)   The total number of off street loading zones provided is not less than the sum of the separate requirements for each use as specified in subsection G, "Schedule Of Off Street Loading Requirements", of this section.

            (3)   Each lot to be served shall be no more than three hundred feet (300') from the central loading facility.

         b.   Control Of Central Loading Facilities: Whenever the required off street loading is collectively provided in central loading areas, written covenants and easements running with the land assuring the retention, maintenance, and use of said central loading facility shall be executed by the parties concerned. Such covenants and easements shall be reviewed by the village engineer and village attorney, approved as to content and form by the village council, and filed in the office of the recorder of deeds of LaSalle County, Illinois.

      2.   Yard Requirements: Required loading areas shall not be located in a required minimum yard.

      3.   Floor Area: For the purpose of determining off street loading requirements, floor area shall be calculated as described in subsection C6 of this section.

      4.   Computation:

         a.   The total number of off street loading spaces required for any building, structure or use shall be based upon standards set forth in subsection G, "Schedule Of Off Street Loading Requirements", of this section.

         b.   If, in determining the number of off street loading zones required, the computation results in a requirement of a fractional zone, any fraction of less than one-half (1/2) may be disregarded, while a fraction of one-half (1/2) or more shall be counted as one loading area.

         c.   If a particular use is not listed in subsection G, "Schedule Of Off Street Loading Requirements", of this section, the village engineer shall determine the loading requirements of said use by assigning the same loading facility requirements as another use which is deemed to be similar in nature to, and compatible with, said unlisted use.

      5.   Design:

         a.   Surfacing: Loading areas shall be striped to clearly define these areas, and discourage automobile parking. Proposed striping shall be subject to approval by the village engineer.

         b.   Curbing: All loading areas shall be improved with concrete curbing, as approved by the village engineer.

         c.   Screening:

            (1)   Landscape screening shall be provided for all unenclosed loading areas that are adjacent to a residential or institutional use, or are visible from a public right of way according to standards and approved by the village engineer for all nonresidential uses of this title.

            (2)   Landscaping shall be permanently maintained in good condition with at least the same quality of landscaping as initially installed.

      6.   Minimum Loading Facilities:

         a.   Buildings, structures, or parcels of land which require off street loading facilities, but which have less area than the minimum prescribed for such required facilities, shall be provided with not less than one nine foot by eighteen foot (9' x 18') loading area to accommodate delivery and other service vehicles.

         b.   The loading zone shall not be less than nine feet by eighteen feet (9' x 18') in size, and shall be exclusive of required parking spaces or drive aisles, and shall be signed and striped to discourage automobile parking.

   G.   Schedule Of Off Street Loading Requirements: Off street loading berths shall be provided on the basis of gross floor area in accordance with the following:

 

(Ord. 10-09, 8-17-2010)

   A.   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Accessory uses are just that, accessory to the principal use. No occupancy and/or living quarters is allowed in an accessory building.

   B.   In a residential district, there shall be only one detached garage accessory building with no separate water or sewer service.

   C.   In a residential district, no accessory building shall be greater than one thousand (1,000) square feet nor more than thirty percent (30%) of the required open yard space, whichever is smaller.

   D.   In a residential district, no accessory use shall exceed fifteen feet (15') in height.

   E.   No accessory building shall be erected or altered at, nor be moved to, a location within ten feet (10') of the nearest wall of the principal building. No accessory building shall be erected or altered or moved to a location within the required setback of front or side yards on the lot. An accessory building in a rear or side yard shall be not less than five feet (5') from any property line. However, subsection C of this section shall apply to the setback provision of rear yards for a corner lot.

   F.   No accessory building shall encroach upon the required side yard of a corner lot, where said side yard borders a street. Side yards that border a street require a minimum setback of twenty five feet (25').

   G.   Temporary building(s) for uses incidental to construction projects shall require a special use permit pursuant to chapter 8 of this title. All temporary buildings shall be removed upon completion or abandonment of construction. The period of construction for which the temporary building(s) are necessary shall require the approval of the zoning enforcement officer. Should said period expire prior to the completion of construction, the owner is required to remove the temporary building(s) or reapply for the necessary permit. An extension of the construction period, by permit, shall be solely at the discretion of the plan commission. All permittees shall be required to post a ten thousand dollar ($10,000.00) bond to guarantee the removal of all temporary buildings.

   H.   Donation boxes are permitted provided they are operated in a safe and tidy manner and do not occupy required parking spaces. All donation boxes that will be in place more than six (6) months shall require approval of the village council. All donation boxes that will be in place for less than six (6) months require approval by the village planner. Applications for placement and operation of a donation box must:

      1.   Provide proof of charitable status;

      2.   Prove that they have permission from the landowner to have the box on the property;

      3.   Agree to keep the area around the box free of litter;

      4.   Agree to remove graffiti from the box; and

      5.   Agree to keep the box in good repair.

   I.   Swimming pools, gazebos and satellite dishes, for the purpose of this chapter, shall be considered accessory buildings/structures, and subject to the same provisions and conditions as accessory buildings.

   J.   Intermodal containers, portable on demand storage units including, shipping containers, tractor trailers, and enclosed trailers that are normally used for the purpose of transportation are not permitted for permanent use as storage units except in Industrial zoning districts, where they are allowed. Any such unit shall be considered as being used for storage if it has not been moved for a period of fifteen (15) days. If used in Industrial zoning districts, such units shall not exceed 20 feet in height or be stacked more than two high.

      1.   Residential district:

         a.   Only one allowed at a time.

         b.   May not be located any closer than five feet (5') from the rear or side property line.

         c.   May not be located any closer than ten feet (10') to any other structure.

         d.   Height may not exceed eight feet (8'); size restricted to three hundred twenty (320) square feet.

         e.   May be located in any front yard or any side yard that fronts a street for a maximum of fifteen (15) days.

         f.   Use restricted to no more than ninety (90) days per calendar year.

         g.   The unit must be locked or otherwise secured from entry such as by children.

      2.   Business district:

         a.   A conditional use permit is required.

         b.   All permittees shall be required to post a ten thousand dollar ($10,000.00) bond to guarantee the removal of all temporary buildings.

         c.   Must be located on the property at a site which is furthest removed from public view, i.e., behind the principal building. (May not be located in front or in any side yard fronting a street.)

         d.   Must observe setbacks as applicable to each district.

         e.   May not be stacked.

         f.   Use restricted to no more than ninety (90) days per calendar year. An extended use permit may be obtained with village council approval.

   K.   Private use wind energy conversion systems shall be allowed as accessory uses in all zoning districts without the requirement of special uses permit approval provided the system meets all of the requirements of section 10-2-14, "Private Use Wind Energy Conversion Systems", of this chapter. (Ord. 10-09, 8-17-2010; amd. Ord. 21-36, 12-7-2021; Ord. 21-34, 11-16-2021)

For the purpose of this title the following shall not be considered as obstructions when located in yards:

   A.   In Any Yards: Chimney, fences not exceeding six feet (6') in height, overhanging roof eaves, air conditioners, open terraces, trellises and arbors, and awnings adjoining the principal building, if they do not exceed twenty percent (20%) of the depth of the yard; ornamental light standards and flagpoles. On corner lots, no obstruction higher than thirty inches (30") above curb level shall be located in any portion of a required front or side yard within twenty feet (20') of the lot corner formed by the intersection of any two (2) street lines. The table below further outlines permitted obstructions in yards.

      PERMITTED OBSTRUCTIONS IN YARDS

 

      1.   Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, parapet walls, and similar structures and necessary mechanical appurtenances may be erected to their customary height; and

      2.   Freestanding towers in residential districts may extend to a height of sixty feet (60'), as measured from the mean elevation of the finished lot grade; and

      3.   Towers employing guide wires shall be permitted only as a special use.

      4.   Accessory buildings and structures exclusive of swimming pools, and open accessory parking spaces shall not occupy more than thirty percent (30%) of a required rear yard.

   B.   Rural Home Delivery:

      1.   No part of any mailbox or any appurtenance thereto shall be located or maintained closer than eight inches (8") to the back of the curb or edge of pavement on streets without curbs on the parkways. Support structures which hold the mailboxes shall be forty inches (40") in height from the ground to the bottom of the mailbox. Support structures for mailboxes shall be constructed of breakaway material, either four inch by four inch (4" x 4") lumber or two inches (2") in diameter, thin wall steel pipe with a wall thickness less than 0.155 of an inch. The support structure shall be buried no more than twenty four inches (24") into the ground. Any other mailbox support structure is not acceptable. Unacceptable support structures include, but are not limited to, brick, block, stone or concrete masonry columns, wagon wheels, steel pipes, in excess of the previously defined two inch (2") diameter 0.155 of an inch thickness and lumber posts in excess of four inches by four inches (4" x 4"). Support structures which do not conform with this section and are in existence at the time of enactment are exempt from this provision.

      2.   No zoning application nor building permits shall be required for the purpose of erecting mail receptacles. (Ord. 10-09, 8-17-2010)

   A.   Fence Permit Required: No fence shall be erected or substantially altered within the village without a valid building permit issued therefor by the village building department upon application, approval, and payment of the required permit fee.

   B.   Private Fences On Public Property: No private fences shall be allowed or constructed on public streets or highway rights of way. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground, or overground utilities. Further, the village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged, destroyed by virtue of the lawful use of said easement. Fences in violation of this section may be summarily removed.

   C.   Prohibited Materials Of Construction:

      1.   No barbed wire or barbed wire fences shall be allowed on private property in residential zones or on lots in any zone being used for single- or multiple-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial zones where the property lines of such property abut lots or parcels being used or intended for single- or multiple-family purposes or on fences in front yards.

      2.   No fence shall be constructed of materials obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.

   D.   Maintenance And Repair: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable condition. If, on inspection by the zoning officer, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed or he (owner or occupier) shall be in violation of this code, and the village attorney shall cause a complaint to be issued and processed against said owner or occupier in accordance with rules of the circuit court of LaSalle or Grundy County, Illinois. If adjoining property owner will not allow egress for the purpose of maintaining the fence, then the responsibility for repair and maintenance of that portion of the fence shall transfer to that adjacent owner, and he shall be liable the same as the fence owner.

   E.   Fences In Residential Districts:

      1.   In single- and multiple-family residential zones, no fence may exceed four feet (4') in height above ground level in front yards. Fences along the side lines to the rear of the front yard and along the rear lot line may not exceed six feet (6') in height above ground level. On lot lines abutting the public right of way or residential property, the fence must face outward with the support posts on the inside.

      2.   When any fence is installed in the front, side or rear yard, it shall not extend beyond the property lines or encroach upon adjoining property.

   F.   Visibility On Corner Lots: In residential districts or residential use areas, the location of buildings, structures, fences, and landscaping on corner lots shall be regulated as follows, so as not to obstruct the vision of drivers of motor vehicles: No buildings, structures, or fences shall be erected or maintained, nor any landscaping shall be planted, grown, or maintained, to a height of more than three feet (3') above the adjacent curb/roadway height, within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines.

   G.   Commercial And Industrial Zones:

      1.   In commercial and industrial zones, fences may not exceed eight feet (8') in height above ground level, and the use of barbed wire is prohibited; except, that one foot (1') additional of any fence along side or rear lot lines in these zones may be constructed of barbed wire.

      2.   When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.

      3.   Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12').

   H.   Adjoining Districts:

      1.   Fences installed as a screening between commercial and residential or between industrial and residential districts shall be of the same design, construction material, height and color. Height requirement is eight feet (8') with a solid effect.

      2.   All fences shall join together to provide continuity along the common lot line of commercial and residential or industrial and residential districts where a fence for screening is required.

      3.   Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12').

   I.   Nonconforming Fences: Fences existing at the effective date hereof which are not in violation of subsection D, "Maintenance And Repair", of this section, and are not located on public street and highway rights of way but which violate any other section of this code, may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued.

   J.   Hedges: Hedges, plantings, shrubbery, etc., when used as a screening, shall in no way obstruct the view of traffic at any intersection. On corner lots, no obstruction higher than thirty six inches (36") above curb level shall be located within thirty feet (30') of the lot corner formed by the intersection of any two (2) street lines. If it is deemed to create a hazard, the owner must rectify same upon notice from the zoning officer or chief of police within thirty (30) days of such notification.

   K.   Exemptions: Agricultural fences in agricultural districts and in other districts approved for agricultural uses are exempt from this chapter except where abutting properties are in residential districts or areas predominantly used for residential use.

   L.   Nuisance Declared; Abatement: Any fence which shall be erected or maintained contrary to the provisions of this code is deemed a nuisance, and it shall be the duty of the zoning officer and the chief of police to abate the same.

   M.   Fines: The fine for failure to comply with this section shall be from one hundred dollars ($100.00) to five hundred dollars ($500.00) per offense; each day of noncompliance shall be deemed as a separate offense. (Ord. 10-09, 8-17-2010)

Refer to LaSalle County health department. (Ord. 10-09, 8-17-2010)

   A.   The following public utility uses are permitted in any district: electric substations, mains, pipes, poles, wires, cables, conduits, vaults, valves, or any other similar distributing equipment; provided that installation shall conform with rules and regulations of the applicable administrative authorities.

   B.   Any governmental or proprietary function, owned or operated by the village, is a permitted use in any district, but such use must conform with other requirements herein set forth for the district in which it is located. (Ord. 10-09, 8-17-2010)

In order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community, the purpose of this section is to regulate private use wind energy conversion systems (WECS) for the production of electricity for use on the subject site and for net metering through the power provider.

   A.   Applicability And Definition:

      1.   Private Use Wind Energy Conversion System (WECS): A private use wind energy conversion system consists of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to a lawful principal use. A system having a rated capacity of ten (10) kilowatts (kW) or less for residential use or one hundred (100) kW or less for nonresidential uses shall be considered a private system for the purposes of these regulations. Not more than one machine shall be allowed per parcel of land when the parcel is less than one acre in size.

      2.   Wind Machine: The individual component of a wind energy conversion system that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. This term shall include the towers or supporting structures.

      3.   Requirements: Private use wind energy conversion systems shall be allowed as accessory uses in all zoning districts without the requirement of special uses permit approval provided the system meets all other requirements of this section.

      4.   Review And Approval: All proposed private wind use energy conversion systems located within the village of Seneca downtown district or historical district must receive review and approval from the relevant committee, in addition to any other required approvals, prior to the submission of a building permit.

   B.   Standards:

      1.   Placement: A minimum parcel size of one acre is required for the placement of any horizontal axial wind turbine. Vertical axial wind turbines are permitted on any parcel. No part of a wind energy conversion system shall be located within or over drainage, utility or other established easements.

      2.   Maximum Number: A maximum of one wind machine per parcel is permitted on parcels less than one acre in size; a maximum of one wind machine per acre is permitted on parcels greater than one acre in size.

      3.   Setbacks; Private Use: Minimum setbacks for private use wind machines shall be a minimum of 1.25 times the total extended height from the project property lines adjacent to a residential, conservation or agricultural zoning district.

      4.   Anchors: Guywire anchors may not extend closer than ten feet (10') from any property line.

      5.   Setback; Nonresidential: A ten foot (10') minimum setback from any part of the machine, rotors or guywires to the property line of any nonresidential zoning district.

      6.   Setback; Residential: Wind machines shall not be located within front yard setback nor within the street side setback of any parcel of land in residential zoning districts.

      7.   Height: The maximum total extended height of a wind energy conversion system is sixty feet (60').

      8.   Tower Height: "Tower height" shall mean the height above adjacent grade of the fixed portion of the tower, excluding the wind turbine itself.

      9.   Extended Height: "Total extended height" shall mean the height above adjacent grade to a blade tip at its highest point of travel and including any other portion of the wind energy conversion system.

      10.   Lighting: Wind system towers shall not be artificially lighted unless required in writing by the federal aviation administration (FAA) or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground and no strobe lighting shall be permitted unless expressly required by the FAA.

      11.   Bolts Or Ladders: The tower shall be designed and installed so that there shall be no exterior bolts or a ladder on the tower readily accessible to the public for a minimum of twelve feet (12') above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot be readily climbed.

      12.   Electrical And Control Equipment: All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

      13.   Noise: All wind machines shall comply with the noise requirements in this section. These levels, however, may be exceeded during short term events such as utility outages and severe windstorms. A manufacturer's sound report shall be required with a building permit application.

      14.   Sound Levels: No wind machine or combination of wind machines on a single parcel shall create noise that exceeds a maximum of twenty five (25) decibels (dBA) at any property line where the property on which the wind machine is located or the abutting property is one acre or less or a maximum of fifty (50) decibels (dBA) at any other property line. Measurement of sound levels shall not be adjusted for, or averaged with, nonoperating periods. Any wind machine(s) exceeding these levels shall immediately cease operation upon notification of the village of Seneca and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by an independent third party inspector, approved by the village of Seneca, at the property owner's expense. Upon review and acceptance of the third party noise level report, the village of Seneca will allow operation of the affected wind machine(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by the village of Seneca, after a period established by the village of Seneca.

      15.   Sound Below Twenty Hertz: No wind machine or combination of wind machines shall be operated so that the impulsive sound below twenty (20) hertz adversely affects the habitability or use of any off site dwelling unit, hospital, school, library or nursing home.

      16.   Color: Wind machines, unless subject to any applicable standards of the FAA, shall be a nonreflective, nonobstructive color such as tan, sand, gray, black or similar colors. Galvanized steel or metal is acceptable for the support structures. Any painting or coating shall be kept in good repair for the life of the wind machine. In addition, any changes to the approved color shall result in the notification by the village of Seneca that the affected wind machine(s) shall cease operation until a color correction has been made. If the affected wind machine(s) are not repainted, using an approved color, within the period established by the village of Seneca, the owner shall remove the affected wind energy conversion system(s).

      17.   Electrical Wires: All electrical wires leading from the tower to electrical control facilities shall be located underground.

      18.   Maintenance: Wind machines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards, and shall be free of rust.

      19.   Advertising Sign: The only advertising sign allowed on the wind machine shall be a manufacturer's label, not to exceed one square foot in size, located on the generator housing.

      20.   Compliance: All wind machines shall comply with applicable FAA regulations, including necessary approvals for installation.

      21.   Ice Throw Or Ice Shedding: The potential for ice throw or ice shedding from the proposed wind machine shall not cross the property lines of the site.

      22.   Construction: Evidence shall be submitted with a building permit application that the wind machine has been constructed in accordance with accepted industry standards and is certified safe by the manufacturer; the wind machine shall be operated with local best engineering practices.

      23.   Recommended Standards: The following items are recommended standards to mitigate visual impact:

         a.   Coating And Coloring: Nonreflective, unobtrusive color. Black blades are acceptable for mitigation of icing.

         b.   Turbine Consistency: To the extent feasible, the project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction. Turbines shall also be consistent in color and direction with nearby facilities.

   C.   Repair And Removal Of Wind Machines:

      1.   Any wind machine found to be unsafe by an official of the village of Seneca shall immediately cease operation upon notification by the village of Seneca and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six (6) months. The owner of the wind machine shall remove wind machines that have not operated during a continuous period of twelve (12) months.

      2.   When a wind machine is removed from a site, all associated and ancillary equipment including batteries, structures or support(s) for that system shall also be removed. For the purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the wind machine remaining stationary so that wind resources are not being converted to electric or mechanical energy, or the wind machine is no longer connected to the public utility electricity distribution system.

   D.   Mounting Of Wind Machines:

      1.   Attachment of the wind machine, including any support or structural components to any building or structure shall be in strict compliance with the village of Seneca building codes and regulations.

   E.   Compliance With Regulations:

      1.   All systems shall comply with applicable fire and building codes.

      2.   All standards are absolute. Once wind machines are permitted, the owners have the option of compliance with the standards or discontinuation of operations. If the operation of the wind machine(s) does not comply with the provisions of this section, the operator shall promptly take all measures to comply with these regulations, including, but not limited to, discontinued operation of one or more wind machines.

      3.   Variations to the regulations and standards of this section may only be permitted by special use permit; approval shall be pursuant to section 10-8-1, "Special Use Permits", of this title. (Ord. 10-09, 8-17-2010)