This title is herein entitled Sleepy Hollow Zoning Ordinance.

(Ord. 4-7-23, 10-30-1973; amd. Ord. 4-7-A-10; Ord. 4-7-AA-6)

The purpose of these zoning regulations is to ensure that adequate light, clean air and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that hazards to persons and damage to property resulting from erosion or accumulation of runoff of storm or floodwaters may be lessened or avoided, and that the public health, safety, comfort, morals and welfare may otherwise be promoted. To accomplish the foregoing, this title seeks to:

A.

Divide the village into zones or districts, restricting and regulating the location, erection and construction, reconstruction, alteration and use of buildings, structures and land for residence, business, office and industrial uses as well as other special and specified uses and regulates the intensity of the use of lot areas so as to determine open space surrounding buildings, thereby providing adequate light and air to protect public health.

B.

Establish building setbacks and the location of buildings designed for residential, business, office, industrial or other uses within defined areas.

C.

Fix reasonable standards to which buildings or structures shall conform.

D.

Prohibit uses, buildings or structures incompatible with the character of development or intended use within specified zoning districts.

E.

Prevent additions to, alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.

F.

Limit congestion of the public streets; protect the public health, safety, convenience and general welfare; provide off-street parking of motor vehicles; protect against fire, explosion, noxious fumes, noise and odors and other hazards in the interests of public health, safety, comfort and general welfare.

G.

Prevent overcrowding of the land due to the concentration of structures and, insofar as possible, designate minimum open space in each district by regulating the use and bulk of buildings in relation to the land surrounding them.

H.

Provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development within the district.

I.

Implement the statement of community objectives set out in section 8-1-3 of this chapter and the Comprehensive Plan of Sleepy Hollow.

(Ord. 4-7-23, 10-30-1973; Ord. 4-7-A5-35, 8-21-1989; amd. Ord. 4-7-A-10; Ord. 4-7-AA-6)

The following statement of community development objectives shall serve as a guideline for growth and development within the village:

A.

Residential development: The village shall follow the comprehensive plan with regard to residential development in the village.

B.

Business development: The comprehensive plan has identified areas within the village for business development, but is constrained from designating currently unincorporated areas beyond the village limits for business development in accordance with restrictions on such potential development imposed by the jurisdictional boundary and land use agreement between the City of Elgin and the Village of Sleepy Hollow dated March 8, 1993.

C.

Community character: The village was planned and incorporated as a quiet, low density, suburban village, with green space, open vistas, winding streets and no curbs and gutters nor public sidewalks, altogether in keeping with the image its name conveys. Large residential lots and restrictions on fences, outbuildings and other structures contribute to an uncluttered, natural appearance and leave room for preserving trees and other vegetation. Additional plantings have augmented the overall effect. It is the intent of the village to encourage and promote the continuation of this rustic quality and atmosphere, even in the B-1 and B-2 business districts, wherein buffer yards and landscaping are required to help achieve that purpose. Furthermore, natural resources present in the B-1 and B-2 business districts must be protected and not destroyed in the process of development, so green space will be conserved. The areas in the village designated residential in the comprehensive plan and shown accordingly on the zoning map should retain their current zoning to maintain the character of the community in harmony with its founding concept and thereby safeguard property values.

(Ord. 97-8, 5-19-1997)

A.

All interpretation and implementation of the provisions of this title shall be held to the minimum requirements for the promotion of the public health, safety, morals, comfort and general welfare.

B.

All uses not expressly permitted in this title shall be prohibited, subject to the recommendation of the planning and zoning commission that, considering function, operation, and traffic, and the customary and traditional characteristics of the permitted use or uses in the respective zoning district, a use not otherwise expressly permitted is so similar to and compatible with a permitted use or uses as to be allowed; and the approval of such recommendation by the village board.

C.

Due allowance shall be made for existing conditions, the conservation of property values and the directions of building development to the best interests of the entire village.

D.

It is not intended by this title to interfere with or abrogate or annul any ordinance, resolution, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this title relative to the use of buildings, structures or land, nor is it intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between parties, provided, however, that wherever this title imposes a greater restriction upon the use of buildings, structures or land or requires a greater setback, then the provisions of this title shall control.

E.

Any and all ordinances, resolutions, motions, or parts thereof in conflict with this title are, to the extent of such conflict, hereby waived.

F.

If any section, sentence, subdivision, or phrase of this title shall be held to be void, invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title.

(Ord. 97-8, 5-19-1997; amd. Ord. 98-25, 11-2-1998; Ord. 2018-8, 4-16-2018)

Adult-use cannabis dispensing facility: A facility operated by and an adult-use cannabis dispensing organization for the purpose of acquiring cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, in accordance with the provisions of the Illinois Cannabis Regulation and Tax Act, as enacted and as it may be amended from time-to-time thereafter, and any regulations promulgated thereunder.

Adult-use cannabis dispensing organization: An organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to operate an adult-use cannabis dispensing facility.

Agriculture: The use of land (including necessary buildings and structures) of not less than five acres for the raising of crops or animals. It shall also include truck farming, poultry farming, beekeeping, tree nurseries, sod nurseries, the raising of fruit and berries and selling the products thereof, but shall not include, fish hatcheries or the commercial feeding of garbage or offal to swine or other animals, or the commercial feeding of animals, furbearing animals, fowl or rodents.

Alteration: Any change or addition to the supporting members or foundation of a structure.

Animal shelter: An establishment, often supported by charitable contributions, that provides a temporary home for dogs, cats, and other animals that are offered for adoption.

Antenna, parabolic or dish-type: Any concave disk or similar dish shaped receiving antenna utilized for the reception of electronic signals.

Approved: Reference herein to an approved public water supply or an approved public sewerage disposal system shall mean approval of such supply or system by the Department of Public Health of the State of Illinois or such other state or federal department or agency.

Architectural pillar: An upright shaft or structure, or vertical column, standing alone, of brick, stone or other rigid material, relatively slender in proportion to its height, of any shape in cross section, and often used as a decorative landscaping feature or to support a light fixture or to support or house a mailbox and/or a paper tube.

Arterial road: The highest level of highway facilities that have the principal purpose of expediting the movement of traffic by providing mobility or moving people and goods for long distances at relatively high speeds.

Attached appurtenances: Any accessory to or integral part of a vehicle including, but not limited to, any awning, grab handle, lighting equipment, HVAC equipment, vent, ladder, tool, or a cargo carrying device, carried on the outside of the vehicle, mounted on the vehicle, or protruding from the vehicle.

Attached structure: A structure which is joined to another at one or more sides by a party wall or walls, or by a deck, except that an attached garage must share a party wall or walls with the main building.

Building: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or other property.

Building height: The height of a building measured from the grade at the main entrance of the building to the highest point of the roofline.

Cul-de-sac: The circular, return portion of a blind street or road.

Deck: A roofless, wooden, floor like surface or platform adjoining a dwelling and used for outdoor dining, relaxation and enjoyment.

District: A defined section of the village within which the regulations governing the use of land are uniform.

Drive-in establishment, bank or restaurant: An establishment where patrons are or can be serviced while waiting in vehicles.

Dwelling unit: Refers to that dwelling accommodation within a building designed for one individual or family unit maintaining separate and independent housekeeping.

Erected: Set up, raised, built or moved into place.

Family: Excepting domestic employees, any number of persons related by blood or marriage, or not to exceed four persons not so related, using common cooking facilities and living and eating together on the premises as a single housekeeping unit.

Fence: A structure made of wood, metal, wire mesh, masonry, or other materials, which is erected for the purpose of forming a barrier, or marking a boundary, at grade level, between a lot and a street, alley or other right-of-way, or between lots, or between portions of a lot or lots, and/or for the purpose of providing privacy or confinement.

Fence, decorative: A fence erected for purposes of decoration or ornament only, or for use in a garden as a trellis-like structure for flowers and/or plants; provided, no such fence shall exceed 48 inches in height and no such fence shall be longer than ten percent of the length of the nearest adjacent property line. In no case shall a decorative fence be located on or mark all or substantially all of the perimeter or boundary or any lot line of any residential property.

Garage sale: A sale by a family or families residing in the village of their used or unwanted household goods or articles, held in or near the garage of the family or of one of the families participating in the sale, respectively.

Governmental offices and related facilities: Includes office buildings for public administration, such as a Village Hall, township office or the like, and other buildings related to the same, such as a police station, fire station, township garage, or public works building; and including outdoor storage of vehicles and/or materials when appropriately screened; but specifically excluding the following: sewerage, water supply, electrical or other public utility facilities; transportation stations (bus, train, heliport and the like); and public service buildings, such as museums and libraries.

Guesthouse: A detached structure on the same lot as a single-family residence and used for housing, living or habitation purposes.

Home occupation: Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling but not including any employees who perform their work from such dwelling or attached garage. Permissible home occupations shall not include the conducting of a retail business other than by mail, manufacturing business or a repair shop of any kind on the premises. There shall be no signs, no exterior displays and no exterior storage of equipment or materials used in the home occupation. Permissible interior storage shall not exceed 20 percent of the floor area of any structure. Permissible home occupations are limited to teaching such as art, music, dancing and other instruction with no more than two pupils at one time, and such other occupations as can be conducted by mail or telephone and which do not create any objectionable noise, fumes, dust, electrical interference or an increase in vehicular traffic. However, home occupations shall not be construed to include uses such as the following: beauty parlor, barbershop, clinic or hospital, public stable or dog kennel, animal boarding or grooming, real estate office, restaurant or professional offices.

Incidental or accessory uses: The uses permitted in the various zoning districts are principal uses, and a use that is connected to and incidental or accessory to a permitted use is allowable in connection with such a use, provided:

A.

It is located on the same lot designated for the principal use being established or existing;

B.

It is compatible in character and extent with the principal use and district where located;

C.

The incidental or accessory use constitutes a use which is directly related to and is a part of the principal use;

D.

It conforms with such other regulations as apply; and

E.

It is not a prohibited use.

Internal road, street or drive: A privately owned and maintained road, street or drive constructed within a development site, as distinguished from a local public road, street or drive that is owned and maintained by a municipality, township, county or other road district.

Junk vehicle: An automobile, truck or other motor vehicle which does not have current license plates and/or registration certificate and sticker, and a current village vehicle sticker, and which is not enclosed within any building or structure on the premises.

Junker: An automobile, truck or other motor vehicle which does not have current Illinois license plates and a current village automobile sticker, and which is not enclosed within any building or structure.

Junkyard: Any parcel of land or a structure where waste, scrap, metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, handled, including auto and building wrecking yards, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations.

Kennel, commercial: Any lot or premises or portion thereof on which dogs or cats or the combination thereof or other household domestic animals, more than four months of age, are bred, raised, or kept for sale, or kept for compensation.

Limited access highway: A public highway or street, including a toll highway, designed for through traffic and to, from or over which owners of or persons having interest in abutting property or other persons have no right or easement, or only limited right or easement, of access crossing, light, air or view by reason of the fact that said property abuts upon such highway or street or for any other reason.

Lot: A parcel of land occupied or suitable for occupancy by one main building or use, with an incidental building or buildings, including such open spaces as may be required in connection with such building, which lot has been created by a plat of subdivision heretofore or hereafter duly approved and properly recorded, except that such platting, approval and recording do not as a whole of and by itself make said lot suitable for building if the preservation of natural features thereon, such as vegetation, trees, watercourses, historic or scenic sites or similar conditions dictates otherwise; or if any flooding, inadequate drainage, deleterious subsurface water, adverse soil or rock formation or topography, or any other harmful feature cannot be corrected or overcome by appropriate engineering and design (see section 8-1-8 of this chapter).

Mobile home: See definition of Trailer coach or Mobile home.

Outlot: A lot set aside in the original unit plat of record as open space or part of a greenbelt or an open space network to enhance and preserve the unique character of the village.

Park: To place or leave standing, to store, or to keep a vehicle in a location for a period of time in excess of two consecutive days. Includes parking, storing, standing or keeping.

Parking: The bringing to a stop of a vehicle and leaving it temporarily in a certain place for no longer than two days.

Patio: A paved area or courtyard open to the sky adjoining a dwelling and used for outdoor dining, relaxation and enjoyment.

Paved: Covered with concrete, asphalt, brick or similar material to form a firm, hard, solid surface.

Play structure: Any structure which is designed for recreational purposes for children, including, but not limited to, a playhouse or a swing set.

Poultry farm: Any tract of land on which poultry or poultry products are raised or produced for sale.

Public sewer: An approved sanitary sewer system which provides for the transmission from the premises to a plant for centralized treatment of effluents through a series of pipes, valves, pumps and treatment tanks.

Public water: An approved water supply developed off the premises and distributed throughout the village or portion thereof by a series of pipes, valves, pumps and other mechanical equipment.

Recreational vehicle: Any self-contained motor home, mini-motor home, travel trailer, or van camper used primarily to provide living quarters for recreational, camping, or travel purposes, with direct walk through access to the living quarters from the driver's seat, or any truck camper or other vehicle used for recreational, camping or travel purposes, such vehicle not being used commercially or owned by a commercial business. Provided, any such vehicle equipped with any four of the following six equipment items will be considered as used primarily for recreational purposes: a) cooking facility with an on board fuel source; b) gas or electric refrigerator; c) toilet with exterior evacuation; d) heating or air conditioning system with on board power or fuel source separate from the vehicle engine; e) drinkable water supply system that includes at least a sink, a faucet and a water tank with an exterior service supply connection; f) 110-15 volt electric power supply. Any other such vehicle might be considered a private, or a commercial, vehicle, depending on the design and use of the vehicle, and also, considering the registration issued by the Illinois secretary of state. For example, if the vehicle is designed and used for transporting ten or fewer passengers and the area behind the driver and front passenger seats contains additional seats, the owner may be issued and display passenger plates; and if the vehicle is designed and used for carrying or hauling freight or cargo and the area behind the driver and front passenger seats is entirely open (with no additional seats), the owner might obtain and display B truck (commercial vehicle) plates. Trucks with camper shells or toppers will be considered to be recreational vehicles, if the vehicle is primarily used for recreational purposes and provides temporary living quarters for the recreational travel or camping use.

Residence, single-family: A separate building providing shelter, sanitation and the amenities for permanent habitation, constructed pursuant to the requirements contained herein. It does not include mobile homes, temporary lodging, or sleeping rooms for rent.

Roof: The solid, external, upper covering of a building or other structure.

Self-service storage unit: A building or group of buildings partitioned into individual, securely divided spaces, or consisting of enclosed or unenclosed flood space that is divided by secured pods or other storage devices to be leased or rented to persons to access, store and remove item of personal property on a self-service basis.

Setback: That portion of the yard extending the full width of the lot and measured from the street right-of-way line to a parallel line tangent to the nearest part of the principal building, excluding steps, unroofed porches and retaining walls.

Storing or keeping: The placing or leaving in a location for a period of time in excess of two days and holding there for future use.

Structural alterations: Any changes in the supporting members of a building or structure, including any change in bearing walls, columns, beams, girders and supports and frames of signs and billboards.

Structure: Anything erected, the use of which requires location on or in the ground, or attached to something having a location on or in the ground, including advertising signs, billboards and supports and frames thereof.

Subsurface water: Underground water such as that temporarily retained in slowly permeable soils or in the form of seasonal high water table or underground springs, which is sufficiently close to the surface as to cause excessive soil wetness and make the land unsuitable for building without corrective measures.

Tarpaulin: A protective covering of waterproofed canvas or other material, or of polyethylene or other such synthetic plastic material.

Trailer: Every vehicle without motive power in operation designed for carrying persons or property and for being drawn by a motor vehicle.

Trailer coach or mobile home: Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance upon the public streets and highways and designed to permit the occupancy thereof as a dwelling place, or any vehicle or similar portable structure designed to be transported after fabrication on a flatbed or on another trailer, or on detachable wheels to a site where it is to be used as a dwelling ready for occupancy, except for minor or incidental unpacking and assembly operations.

Trailer coach or motor home: Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance upon the public streets and highways, and designed to permit the occupancy thereof as a dwelling place; or any vehicle or similar portable structure designed to be transported, after fabrication, on a flatbed or another trailer, or on detachable wheels, to a site where it is to be used as a dwelling place.

Truck-tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part or the weight of the vehicle and load so drawn.

Use: Refers to all activities which take place on any land or premises and also refers to the structures located thereon and used for those activities.

Vehicle: A conveyance with or without motive power in operation designed for carrying or transporting persons or objects, as a recreational vehicle, boat, snowmobile, trailer, automobile, cart, wagon, etc.

Yard: The open space surrounding the principal or accessory building on any lot, unoccupied and unobstructed by any portion of that building from the ground to the sky, except where specifically permitted by this zoning ordinance. Yards are further defined as follows:

Front yard: That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal or accessory building, which line shall be designated as the front yard line.

Rear yard: That portion of the yard extending the full width of the lot measured between the rear lot line and a parallel line tangent to the nearest part of the principal or accessory building.

Side yards: Those portions of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal or accessory building.

(Ord. 4-7-23, 10-30-1973; amd. Ord. 4-7-A-10; Ord. 4-7-AA-6; Ord. 92-22, 8-17-1992; Ord. 97-8, 5-19-1997; Ord. 98-19, 10-19-1998; Ord. 98-25, 11-2-1998; Ord. 2002-9, 3-4-2002; Ord. 2004-25, 12-6-2004; Ord. 2016-5, 6-6-2016; Ord. 2019-16, 12-16-2019; Ord. 2022-10, 8-1-2022)

Hereafter in the village, the erection of any new building or structure or the relocation, enlargement or structural alteration of any existing building or structure or any change in use or new additional use made of any tract of land or existing building or structure shall:

A.

Be for only those uses as permitted in the district in which such building, structure or land is located, including any use or activity customarily incidental or accessory thereto unless otherwise restricted or prohibited;

B.

Conform to the provisions of this title concerning population density;

C.

Provide and preserve the required setback distance from adjoining roads or streets, the required side yards and rear yards, and the required parking space; and

D.

Observe the regulations of the Sleepy Hollow subdivision ordinance (see title 9 of this Code) and building code ordinance (see title 7 of this Code).

(Ord. 4-7-23, 10-30-1973; amd. Ord. 4-7-A-10; Ord. 4-7-AA-6)

A.

Nonconformance: The following shall be considered to be nonconforming uses in the village:

1.

Any building or structure lawfully existing or under construction at the time of the adoption of this title (adoption date October 30, 1973) or at the time of adoption of a later amendment to this title, the location of which does not conform with the regulations of this title.

2.

Any activity conducted in a building, structure or lot which activity was lawfully existing at the time of adoption of this title (adoption date October 30, 1973) or at the time of adoption of a later amendment to this title, the character of which then does not conform with the regulations of this title.

B.

Change in nonconforming building, structure or activity: Any enlargement, alteration, relocation or change in a nonconforming building, structure or activity shall occur only as hereinafter provided:

1.

A nonconforming activity which occurs in all or any part of a building or structure may be extended throughout only that part of the building or structure originally designed for such use, and in no case shall an addition be made which will provide for an expansion of the nonconforming activity.

2.

A nonconforming activity shall not be expanded beyond the area on the property in question actually so used at the time of the adoption of this title or the time of adoption of a later amendment creating the nonconformity; and in particular, any nonconforming activity customarily incidental to a residence shall not be expanded beyond an area that is clearly incidental to the area of the premises utilized for a residence.

3.

A nonconforming activity on any property may not be changed to a different nonconforming activity on that property.

4.

A nonconforming activity on any property may be changed to a conforming activity on that property, provided the new activity shall conform with all the requirements of this title, and with all other laws, ordinances, and regulations.

5.

A nonconforming building or structure which is designed or intended for a use which is not permitted in the zoning district in which it is located shall not be altered or enlarged unless said alteration or enlargement, and the activities conducted therein, conform to all of the regulations of the zoning district in which it is located.

6.

Where there is a nonconforming building or structure, and the nonconformity has arisen solely as a result of the building or structure failing to conform to any applicable design criterion or criteria, such as setback, such building or structure may be maintained, repaired, altered, or enlarged, but only if such maintenance, repair, alteration or enlargement shall not establish any additional nonconformity, and the building or structure shall comply with all other applicable regulations of this title and with any and all other applicable laws, ordinances and regulations.

a.

The provisions of this subsection shall not apply to nonconforming activities which take place on a property.

b.

The provisions of this subsection shall not apply to any nonconforming building or structure which is designed, intended, or utilized for an activity which is not permitted in the zoning district in which it is located.

C.

Discontinuance of nonconforming activity: Any nonconforming activity which is abandoned or discontinued for a period of six months or more shall not thereafter be resumed and shall cease; and any future activity shall be in full conformance with the provisions of this title.

D.

Destruction or damage to nonconforming building or structure:

1.

In the event that any nonconforming building or structure is damaged so as to prevent the continuance of the nonconforming use, the nonconforming use shall then be considered abandoned and discontinued, unless such building or structure is fully repaired within 90 days after the date such damage first occurred.

2.

In the event that any nonconforming building or structure is destroyed, the nonconforming use shall then be considered abandoned and discontinued, and no nonconforming building, structure or activity shall thereafter be allowed on the property. Any building or structure thereafter erected or utilized for any activity on the property shall be in full conformance with the regulations of this title.

E.

Repairs and maintenance: For so long as any nonconforming use shall be continued in accord with the provisions of this section, only ordinary repairs and maintenance shall be permitted to the building, structure in, or land on which the nonconforming use exists. For purposes of this subsection, "ordinary repairs and maintenance" shall in no case include any structural alterations, remodeling or other work which would extend the normal life of a nonconforming building or structure.

F.

Records: The village shall make and keep a record of all buildings, structures and lots which do not conform to the regulations of this title.

(Ord. 2003-31, 12-15-2003)

No building or structure shall be erected on land which is in an area of "severe" or "very severe" soil limitations (see title 7, chapter 2 of this Code) for the intended use on the village soil limitations map or is otherwise unsuitable for such construction by reason of flooding (see title 7, chapter 3 of this Code), inadequate drainage, subsurface water, adverse soil or rock formation or topography, or any other feature likely to be harmful to the health, safety or welfare of the inhabitants of said land or of adjoining land, unless such condition can be corrected or unless construction can be designed to overcome such condition. Such correction or construction shall require certification by the village engineer, prior to issuance of a building permit, that the flooding, inadequate drainage, subsurface water, adverse soil or rock formation or topography, or any other harmful feature has been overcome by appropriate engineering and design. The cost of obtaining the certification of the village engineer shall be determined in the same manner as set forth in the Sleepy Hollow subdivision ordinance (see title 9 of this Code), and shall be paid by the applicant. In the case of floodplain areas, if such certification is obtained, the applicant shall also provide stormwater storage capacity equal to that being removed from said floodplain area by the applicant's construction.

(Ord. 97-8, 5-19-1997)

The restrictions applying to all uses in all districts except B-1 and B-2 business districts are as follows:

A.

Minimum width of yard along adjoining property lines: No part of a building or structure in any district shall be located nearer than 15 feet to an adjoining property line or zone line. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this title, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established for the district in which such building is located.

B.

Minimum setback of buildings and structures from road or street: No building, structure or concrete, stone or masonry wall shall be erected, structurally altered or placed so any part thereof, disregarding steps, unroofed porches and retaining walls, is nearer than 35 feet to the road or street right-of-way line; provided, however that if 30 percent or more of the frontage on the same side of the street between two intersecting streets or in a cul-de-sac and each side of its entry in previously recorded subdivisions containing three or more lots is improved with buildings that have observed a front setback of greater or lesser distance from the road or street right-of-way line, then the setback of the building farthest from the road or street shall establish the maximum setback for the entire frontage, and the setback of the building closest to the road or street shall establish the minimum setback for the entire frontage, except that a maximum setback not greater than 20 feet more than the setback of the building farthest from the road or street shall be permitted, and a minimum setback of more than 60 feet shall not be required, and no setback shall be less than 25 feet.

Provided, further, that buildings existing at the time of the passage of this title and which may have a setback of less than 35 feet, but which do have a setback of 25 feet or more, and buildings which may hereafter be erected or placed in such a manner as to comply with an established setback of less than 35 feet but which setback is 25 feet or more, may have such alterations or additions made thereto as will not have a setback of less than that of the building to which alterations or additions may be made.

C.

Minimum setback for fences, hedges and trees at intersections: Within 100 feet of the centerline of any intersecting road or street at grade, no fence, hedge or tree which cannot be viewed through or over from a height of three feet above the traveled roadway shall be constructed, planted or allowed to grow nearer to the road or street centerline than the dimensions set forth in subsection B of this section.

(Ord. 4-7-23, 10-30-1973; amd. Ord. 4-7-A-10; Ord. 4-7-AA-6; Ord. 4-7-A5-35, 8-21-1989; Ord. 4-7-A7-6, 12-4-1989)

A.

New developments: No residential building located in a new subdivision in a residential zoning district in the village shall exceed 30 feet in height; provided, in a new development proposed as a planned unit development, the planning and zoning commission may recommend and the board of trustees may approve a building height in excess of 30 feet.

B.

Single lots: No new residential building to be erected on a platted lot existing as of December 6, 2004, shall exceed by more than two feet the height of any conforming residential building located within 1,000 linear feet in any direction from any part of the proposed new residential building; and in any case, such new residential building shall not exceed 30 feet in height.

(Ord. 2018-8, 4-16-2018)

Paved motor vehicle parking space shall be provided off the street or highway right-of-way for each dwelling unit in residential uses hereafter established and, in case of other permitted uses hereafter established or expanded in residential districts, for employees and for patrons, in such proportion as to assure free and uninterrupted movement of traffic on the public streets or highways. As used herein, a parking space shall have minimum dimensions of ten feet by 20 feet. Parking or storing of vehicles is permitted only on paved areas.

The parking space requirements shall be as follows:

(Ord. 4-7-A7-6, 12-4-1989; Ord. 92-22, 8-17-1992; amd. Ord. 2004-25, 12-6-2004)

Cross reference— For B-1 and B-2 business district regulations, see section 8-5-5 of this title.

All internal roads, streets or drives, as defined in section 8-1-5 of this chapter, within a development in any residential district shall be privately owned and maintained, and shall be built to minor street standards, the specifications for which are established from time to time by the village engineer and are on file with the village clerk. To ensure the maintenance and upkeep of such roads where a property is to be subdivided, the developer first shall submit the necessary documents for review and recommendation by the village attorney and approval by the village board of trustees.

(Ord. 97-8, 5-19-1997; amd. Ord. 2004-25, 12-6-2004)

All fees or costs incurred by the village for engineering, legal or other professional and/or consultant services rendered in regard to a request for zoning, rezoning, annexation, variation, special use, text or map amendment, or other matters related to this title shall be billed to and paid by the person or persons who make the petition, proposal or other inquiry for which the services are rendered.

(Ord. 99-6, 1-18-1999; amd. Ord. 2004-25, 12-6-2004)

A.

Amateur radio antennas may be erected in the village in accord with the following standards, and subject to application for special use under the regulations which govern the location of such antenna, as set forth in this Code:

1.

Definitions:

a.

The term "antenna" shall mean any structure that is designed and constructed for the purpose of supporting one antenna for communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers, and all related equipment and supporting structure(s).

2.

Construction regulations:

a.

Any and all antennas must be located in the rear yard on the property, and shall be set back from property lines at least a distance equal to their height, and shall otherwise comply with all setback requirements of the zoning district in which the structure is located. No antenna shall be located in any front or side yard. Any and all necessary guy wires shall be tethered not less than 15 feet from any and all property lines on the property.

b.

No antenna shall exceed the minimum height necessary to provide normal operation of the license holder's radio system; and in any event, no antenna shall extend above the roofline of any structure on the property by more than ten feet in height, unless the applicant can demonstrate by clear and convincing evidence that a greater height is necessary to provide adequate operation of the affected radio system. In no case shall the measure of height of the antenna itself be greater than the measure of distance to the nearest property line.

c.

Any and all antennas shall have a non-contrasting blue, grey, or black finish, or a similar color that minimizes their visibility, unless a different color is required by any applicable federal rule.

d.

Wherever practicable, an antenna shall be placed alongside any other structure on the property, so as to be shielded by and anchored to it.

e.

Any antenna, and any radio equipment, shall be properly grounded in accord with National Electrical Code requirements.

f.

Any antenna shall be fitted with an appropriate anticlimbing device.

g.

No antenna shall be artificially lighted, unless required by any applicable federal rule. If lighting is required, the lighting alternative and design chosen shall cause the least disturbance to the surrounding properties and views and shall be approved by the planning and zoning commission.

3.

Application; plans:

a.

A site plan must be submitted which clearly shows the location, type, and height of the proposed antenna. The site plan must show the placement of the antenna on the petitioner's property and must include the placement of all guyed wire placement and other antenna support structures relative to property lines and setbacks.

b.

All plans for the erection of an antenna shall be subject to review and approval by the village building officer. A building permit must be acquired prior to construction. Construction of the antenna shall be designed to protect adjacent areas from any effects of support structure failure, falling ice or other debris, and interference. The licensee shall install the antenna and the equipment in a good and workmanlike manner pursuant to the plans and specifications approved by the village.

c.

The applicant shall include with his or her application an assessment of both the environmental impact of the tower on surrounding properties, including the maximum permissible exposure limit for radiation and the visual impact of the structure; and shall evidence the taking of all reasonable steps to minimize any and all adverse impact(s) on such properties.

4.

Maintenance; operation:

a.

All towers shall meet or exceed current standards and regulations of the Federal Aviation Administration ("FAA"), the Federal Communications Commission ("FCC"), and any other agency of the state or federal government with the authority to regulate towers and antennas. If or whenever any such standards and regulations are changed, modified or amended, then the owner of any antenna governed by these regulations shall bring such antenna into compliance with such changed, modified or amended regulations within six months of the effective date of same, unless a different compliance schedule is mandated by the controlling law or regulation. Failure to achieve such compliance shall constitute grounds for revocation of the special use permit.

b.

To ensure the structural integrity of a tower, the grantee shall provide evidence of any and all applicable standards established by state or local building codes, and the applicable standards published by the Electronic Industries Association, as amended from time to time, and maintain the tower and all equipment in compliance therewith. If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, the village shall so notify the grantee in writing, and grantee shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said period of time shall constitute grounds for revocation of the special use permit.

c.

No antenna shall cause interference (RFI) with the reception of television, radio, telephones, other telecommunication equipment, or any medical device that is frequency sensitive, located either on grantee's property or on any surrounding property. If the grantee is unable to eliminate such interference, he shall terminate his operation.

d.

The applicant shall possess a current and valid amateur radio license issued by the Federal Communications Commission, and shall attach a copy of his license to the application. A copy of the license renewal shall be submitted to the village within 30 days of the renewal for so long as the special use continues.

e.

Upon the expiration, termination or revocation of the special use allowing such antenna, the antenna and any supporting structures shall be removed from the property and the property shall be restored to its appearance and condition existing immediately before the installation of antenna and supporting equipment. Such removal and restoration shall be performed within 30 days after the expiration, termination or revocation of the license or the special use, as the case may be.

5.

Conditions for termination of special use: Any special use granted for the installation of an antenna shall cease upon the occurrence of any of the following events:

a.

There is no person who is licensed occupying the premises as his principal residence;

b.

The special use is abandoned, for any reason, for a period of 180 days or greater; or

c.

The special use is revoked by the village for failure to abide by any and all applicable laws, ordinances, rules, regulations, or specific conditions.

6.

Limitation on use; penalty: The antenna, including its support structure, shall be used for amateur radio transmission and reception only, and shall not be used for any commercial purpose. Notwithstanding anything to the contrary set forth elsewhere in this Code, the fine for violation of this provision shall be not more than $250.00 a day for each day of noncompliance.

B.

In all cases, the village shall seek to impose the minimal practicable conditions upon the grant of special use for such an antenna in order to facilitate effective amateur radio communication.

(Ord. 2001-20, 11-5-2001; amd. Ord. 2004-25, 12-6-2004; Ord. 2018-8, 4-16-2018)

A.

Purpose and goals:

1.

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas in the village.

2.

The goals of this section are to:

a.

Protect land uses, including areas of residential use, by minimizing the potential adverse impacts of towers and antennas;

b.

Minimize the total number of towers located in the community;

c.

Promote and encourage the shared use of tower sites as a primary option, rather than construction of additional single use structures;

d.

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

e.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and accessory buildings by means of careful siting, design, landscape screening, and innovative camouflaging techniques;

f.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and

g.

Avoid potential damage to adjacent properties from tower failure through sound and appropriate engineering and careful siting of tower structures; and to require removal of such structures when they are no longer used.

In furtherance of these goals, the village shall give due consideration to its comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

B.

Definitions: For purposes of this section, the following terms shall have the meanings set forth below:

Antenna: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network: The lines that connect any provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA: The Federal Aviation Administration.

Facilities: Any tower and/or antenna, and specifically including any support structure(s), pad, and/or equipment building or cabinet related thereto.

FCC: The Federal Communications Commission.

Height: When referring to a tower or other structure, the distance measured from the finished grade of the ground beneath the tower to the highest point on the tower or other structure, including the base pad and any antenna.

No impact antenna facility: An antenna facility which is either: 1) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or 2) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure which it is: 1) placed on, such as a rooftop, lighting standard, or existing tower; or 2) replacing, such as a school athletic field light standard.

Preexisting towers and preexisting antennas: Any tower or antenna for which a building permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed so long as such permit is current and not expired; and including the towers on the property located at 35W290 Boncosky Road, previously annexed into the village in 2007.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

C.

Applicability:

1.

New towers and antennas: Except as otherwise provided in this section, all new towers or antennas in the village shall be subject to these regulations.

2.

Excluded items:

a.

Amateur radio station/receive-only antennas: Any tower, or any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator, or is used exclusively as a receive-only antenna shall not be required to meet the requirements of this section, and which is governed by section 8-1-14 of this title.

b.

Preexisting towers or antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections D.2, D.3, and J of this section.

c.

AM array: For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

D.

General requirements:

1.

Principal or accessory use: An antenna or tower may be considered either a principal or an accessory use. On any lot, an existing use or structure shall not preclude the installation of an antenna or tower on such lot.

2.

State or federal requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are altered, changed, or modified after the date of approval by the village, or construction by the owner, then the owner of any tower or antenna governed by this section shall bring such tower or antenna into compliance with such revised standards and regulations within six months of the effective date of any such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring any tower or antenna into compliance with such revised standards and regulations within such time shall constitute grounds for the removal of the tower or antenna at the owner's expense.

3.

Building codes; safety standards: To ensure the structural integrity of a tower or antenna, the owner of a tower or antenna shall ensure that it is designed, constructed and at all times maintained in compliance with standards contained in applicable state or local building codes, and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Owner shall submit plans sufficient for review and issuance of a building permit for the tower and all related facilities. If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

4.

Lot size: For purposes of determining whether the installation of a tower or antenna complies with applicable regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements in the district in which the tower or antenna may be located, the dimensions of the entire lot shall control, even though the antennas or towers may be located on only a portion of such lot; provided, the area of the entire lot shall be not less than 15 acres.

5.

Aesthetics: Towers and antennas shall meet the following requirements:

a.

Towers either shall be constructed of and maintain a galvanized steel finish or, subject to any applicable standards of the FAA, shall be painted so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the equipment building and/or cabinet, and any related structures shall, to the extent possible, use materials, colors, and/or textures that will blend them into the natural setting and surrounding buildings; in addition, the village may require as a condition for approval of the application for special use certain screening or landscaping.

c.

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

6.

Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

7.

Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the village irrespective of municipal and county jurisdictional boundaries.

8.

Signs: No signs shall be allowed on any antenna or tower, except for any safety warning or other sign required by applicable regulation.

9.

Buildings, cabinets, and support equipment: Buildings, cabinets, support equipment and other facilities associated with any antenna or tower shall comply with the requirements of subsection G of this section.

10.

Not essential services: All towers and antennas shall be regulated and permitted pursuant to this Code, and shall not be regulated or permitted as essential services, public utilities, or private utilities.

11.

Franchises: Any owner and/or operator of a tower or antenna shall certify that any and all franchises required by law for the construction and/or operation of the communication system served thereby within the village have been obtained prior to approval of any application, and shall file with the village clerk a copy of all applicable agreements, licenses, permits, and other documentation related thereto.

12.

Inventory of existing sites: Each application for an antenna and/or tower shall include an inventory of the applicant's existing towers, antennas, or sites which have been approved for towers or antennas, or for which applications or petitions for approval for towers or antennas have been filed, that are either within the jurisdiction of the village or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The village may share such information with other applicants applying for approvals or special use permits under this section or other persons or entities seeking to locate towers or antennas within the jurisdiction of the village; provided, however, that the village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for location of a tower or antenna.

13.

Public notice: For purposes of this section, any special use request, variance request, or appeal of a special use, shall require public notice and individual notice by the village at applicant's expense to all abutting property owners and within 250 feet of the boundaries of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting", nor counted in calculating the 250 feet, for purposes of this section.

E.

Permitted uses:

1.

General: The uses listed in this subsection E are deemed to be permitted uses and shall not require any special use permit.

2.

Permitted uses: The following uses are specifically permitted in any zoning district within the village, so long as said antenna or tower conforms to all other requirements of this section:

Any antenna or tower located on property owned, leased, or otherwise controlled by the village, provided a license or lease authorizing such antenna or tower has been approved by the village.

Any no impact antenna or tower.

F.

Special use permits:

1.

General provisions: The following provisions shall govern the issuance of special use permits for towers or antennas by the village:

a.

If the tower or antenna is not a permitted use under subsection E of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna.

b.

Applications for special use permits under this section shall be subject to the procedures and requirements of the zoning regulations, in particular, any specific regulations of the zoning district in which the property on which the special use is to be located is classified, except as modified in this section.

c.

In granting a special use permit, the planning and zoning commission may recommend, and/or the board of trustees may impose, conditions for approval to the extent the village concludes such conditions are necessary to minimize any adverse effect of the proposed tower, any equipment building or cabinet, and other facilities related to the tower, but such conditions may not have the effect of prohibiting erection of a tower otherwise shown to be necessary at the proposed location.

d.

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

e.

Each applicant for special use shall file an application with the village clerk, including the information set forth in subsection F.2 of this section, together with the application fee, and a deposit equal to $5,000.00, from which the village shall from time to time pay the costs incurred by the village for reviewing the application, including fees incurred for any consultant to review and report on the application. Any balance remaining on said deposit after final decision of the application shall be refunded to the applicant. The village board shall from time to time set a fee for such application.

2.

Towers:

a.

Information required: In addition to any information required for applications for special use permits under the zoning regulations, applicants for a special use permit for a tower shall submit the following information:

(1)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including properties outside the village's boundaries), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsections F.5 and F.6 of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facilities, topography, parking, and other information deemed by the village to be necessary to assess compliance with this section.

(2)

Legal description of the property on which the facilities are to be located, including also any leased parcel thereon (if applicable).

(3)

The setback distance between the proposed tower and each of the following: the nearest residential unit; any residentially zoned property (including any unplatted residentially zoned property); and any other property planned for residential uses.

(4)

A landscape plan showing specific landscape materials, if any.

(5)

A description of the finished color and, if applicable, the method of camouflage and illumination, including any fencing.

(6)

A description of applicant's compliance with subsections D.3, D.4, D.5, D.6, D.7, D.8, D.9, and D.12 of this section; and subsections F.5 and F.6 of this section; and all applicable federal, state or local laws and regulations.

(7)

A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(8)

A description of the unsuitability of existing towers, other structures, and/or alternative technology not requiring the use of towers or structures, to provide the service to be provided by the proposed new tower.

(9)

A description, in the event the proposed tower is erected, of the feasible location(s) for towers or antennas to be located within the village in the future, based upon existing physical, engineering, technological or geographical limitations.

(10)

If the location is leased or to be leased to applicant, agreement by the owner to terms relating to removal of the tower or antenna and related facilities, as described in subsection H of this section.

3.

Factors considered in granting special use permits for towers: In addition to any standards for consideration of a special use permit application pursuant to section 8-6-4 of this title, the planning and zoning commission and the board of trustees shall consider the following factors in determining whether to recommend and approve the issuance of a special use permit:

a.

Height of the proposed tower;

b.

Nature of uses on adjacent and nearby properties;

c.

Topography of the land surrounding the proposed site of the tower;

d.

Tree coverage and foliage surrounding the proposed site of the tower;

e.

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

f.

Proposed ingress and egress to the proposed site of the tower; and

g.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection F.4 of this section.

4.

Availability of suitable existing towers, other structures, or alternative technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the village that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the village related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

a.

There are no existing towers or structures located within the geographic area which meet applicant's engineering requirements.

b.

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

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

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

e.

The fees, costs, or other contractual provisions for payment or expense required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Total fees, costs or other contractual provisions for payment or expense which exceed the cost of developing and constructing a new tower are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. It shall not be presumed that merely because costs of alternative technology exceed the cost of developing a new tower or antenna that the alternative technology is unsuitable.

5.

Setbacks: The following setback requirements shall apply:

a.

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line, except that a monopole need be setback a distance equal to 25 percent of its height.

b.

Guys and equipment buildings or cabinets must satisfy the minimum zoning district setback requirements, including the provision of transitional yards, if required.

6.

Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required:

a.

Separation from off-site uses/designated areas:

(1)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1 of this subsection F.6, including the exceptions noted therein.

(2)

Separation requirements for towers shall comply with the minimum standards established in Table 1 of this subsection F.6.

TABLE 1
SEPARATION REQUIREMENTS

b.

Separation distances: Separation distances between towers shall be applicable for new towers, and shall be measured as the distance between the proposed tower and any preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2 of this subsection F.6.

TABLE 2
SEPARATION DISTANCES BETWEEN TOWERS

7.

Security fencing/anticlimbing: Notwithstanding anything else to the contrary contained in the village zoning regulations, a tower, and any equipment building or cabinet related thereto, may be enclosed by fencing for security purposes. Said fencing shall be not less than six feet in height, and shall be subject to review and approval by the board of trustees. The tower shall also be equipped with an appropriate anticlimbing device; or shall be designed to discourage climbing; provided however, that the planning and zoning commission may recommend and the board of trustees may approve a waiver of such requirement as it deems appropriate.

8.

Landscaping: In the event that landscaping is proposed by the applicant or is otherwise required as a condition for approval of the special use application, the following requirements shall govern:

a.

The standard landscape screen or buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities and/or any fence.

b.

In a location where the visual impact of the tower would be minimal, the landscaping standards may be reduced in the discretion of the village.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

9.

Recommendation; approval: The planning and zoning commission may recommend, and/or the board of trustees may approve, a waiver or reduction of the burden of any one or more of the criteria set forth in this section, if either respectively concludes that the purposes and goals of this section would be better served thereby; and specifically as to the setback requirement of subsection F.5 of this section, may reduce the standard if enforcement of the requirement would effectively prohibit the proposed facilities.

G.

Equipment buildings or cabinets and other related facilities: The equipment building or cabinet, and other related facilities, used in association with a tower or antenna shall comply with the following:

1.

Antenna mounted on a structure or rooftop:

a.

For any structure or rooftop which is less than 65 feet in height, the related equipment building or cabinet, and other facilities, if greater than 150 square feet of gross floor area in size, or greater than ten feet in height, shall be located on the ground and shall not be located on the roof of the structure.

b.

For any other structure or rooftop, the related equipment building or cabinet, and other related facilities shall contain not more than 450 square feet of gross floor area, and be not more than 15 feet in height; provided, when located on a rooftop, such building, cabinet and other related facilities shall also occupy no more than 200 square feet and in any case not to exceed 25 percent of the square footage of the roof area.

c.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

2.

Antenna mounted on a utility pole or light pole:

a.

In residential zoning districts, the equipment cabinet or structure may be located:

(1)

In a front or side yard, provided the equipment building or cabinet and related facilities are no greater than 24 square feet in size, and not more than four feet in height, and the building or cabinet and related facilities are located a minimum of six feet from all lot lines. Such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least 36 inches, and an ultimate height of at least 42 inches to 48 inches.

(2)

In a rear yard, provided the equipment building or cabinet and related facilities are no greater than 240 square feet in gross floor area, and no greater than six feet in height. Such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least 36 inches and an ultimate height of eight feet.

b.

In all business districts, any equipment building or cabinet and related facilities shall be no greater than 64 square feet in gross floor area and no greater than six feet in height.

(1)

Any equipment building or cabinet and related facilities shall be screened from view of all residential properties which abut or are directly across the street from such building or cabinet and related facilities by a solid fence six feet in height or an evergreen hedge with a planted height of at least 36 inches and an ultimate height of eight feet.

(2)

Otherwise, any such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least 36 inches and an ultimate height of eight feet.

3.

Antenna located on a tower: Any equipment building or cabinet and related facilities shall contain not more than 240 square feet of gross floor area or be more than ten feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which the antenna and tower are located.

4.

Modification of building size requirements: The requirements of this section may be varied by the Village by recommendation of the planning and zoning commission, and/or approval by the board of trustees, in the case of uses permitted by special use, in order to accommodate or encourage collocation.

H.

Removal of abandoned antennas and towers:

1.

Any antenna or tower that is not used or operated for a continuous period of 12 months, or which fails to comply with the requirements of subsection D.2 or D.3 of this section shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment.

a.

Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the village to remove the tower or antenna at the owner's expense, and the village shall thereupon have a lien on the property, including the landlord's interest in same, to secure its reasonable costs of removal, including reasonable attorney fees incurred, and to secure judicial approval of removal and to enforce said lien.

b.

If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

I.

Nonconforming uses:

1.

Expansion of nonconforming use: Notwithstanding anything to the contrary contained in this title, towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of any nonconforming use or structure.

2.

Preexisting towers: Any preexisting tower shall be allowed to continue such use as exists at the time of adoption of these regulations. Routine maintenance shall be permitted on such a preexisting tower, which shall include replacement with a new tower of like construction and height, provided such new construction otherwise shall comply with the requirements of this section.

3.

Rebuilding of damaged or destroyed nonconforming towers or antennas: Notwithstanding anything to the contrary set forth in subsection H of this section, a nonconforming tower or antenna that is damaged or destroyed may be rebuilt without having to first obtain a new special use permit, and without having to meet the separation requirements specified in subsections F.5 and F.6 of this section; provided, any such tower to be rebuilt shall comply with subsections F.5 and/or F.6 of this section to the extent possible.

a.

The type, height, and location of the tower or antenna on site shall be of the same type and intensity as the original facility approval.

b.

A building permit to rebuild the tower or antenna shall comply with the then applicable building codes and shall be obtained within 180 days from the date the tower or antenna is damaged or destroyed.

c.

If no permit is obtained within said time, or if such permit thereafter expires, the tower or antenna shall be deemed abandoned as specified in subsection H of this section.

J.

Annual reporting of information:

1.

Each owner of an antenna, antenna structure, or tower regulated under this section, and any previously existing antenna, antenna structure, or tower which would have been regulated under this section had it existed at the time or permitting for or construction of such facility, shall, on an annual basis, file with the village clerk such information as is required by the village to aid with the administration of this section.

2.

Such information shall include:

a.

Changes in availability of space on any tower for collocation of additional antennas,

b.

Any plan to abandon a position on a tower (thereby leaving space for the possible collocation of another antenna),

c.

Any plan and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation,

d.

Any plan to abandon a tower structure,

e.

Such other nonproprietary information as may be required by the village.

K.

Fee: The owner of any tower or antenna structure shall pay to the village an annual lease administration fee at a rate established from time to time by the board of trustees. Upon written notice from the village, the owner of any tower and/or antenna structure in existence at the time of the effective date hereof adopting these regulations, which tower and/or antenna structure would otherwise be regulated by this section, shall register with the village, and shall provide such nonproprietary information as is deemed useful by the village for administration of this section. This subsection is specifically deemed to have retroactive effect.

(Ord. 2014-4, 4-7-2014; Ord. 2018-8, 4-16-2018; Ord. 2018-16, 8-6-2018)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title, shall be subject to a fine of not less than $20.00 nor more than $750.00 for each offense, the exact amount of the fine to be in the discretion of the court. Each day that a violation continues to exist constitutes a separate offense.

(Ord. 97-8, 5-19-1997; amd. Ord. 2001-20, 11-5-2001; Ord. 2004-25, 12-6-2004; Ord. 2014-4, 4-7-2014)