SUPPLEMENTARY USE AND BULK REGULATIONS
(A)
Permit required: No fence except a natural fence shall be erected or placed upon any property without first obtaining a fence permit. Application for a fence permit shall be filed with the superintendent of building inspections, on forms supplied by the city, and shall require a plat of survey or approved site plan showing the specific location, material, type and height of proposed fence.
(B)
Fence construction standards:
(1)
Location: Each fence shall be located completely within the boundaries of the lot for which the permit has been issued, including all posts, bases and other structural parts.
No permanent fence shall be constructed or erected within any public street or alley right-of-way unless authorized by the City Council. Fences erected on public easements shall be so constructed that drainage shall not be obstructed and, in the event that such fence must be removed for maintenance or other work in such easement, removal and any replacement of such fence shall be the responsibility of the property owner.
(2)
Clearance from Utilities at Grade. All fences shall maintain the following clearances:
a.
Three (3) feet from any side of a utility pedestal.
b.
Six (6) feet from the access side and three (3) feet from the side of any transformer.
(3)
Height: the height of a fence shall be measured from the average ground level one (1) foot from each side of said fence.
(4)
Construction: Fences shall be designed and constructed to resist normal horizontal wind pressure. Fence material shall consist of one of the following:
a.
Wood, chemically treated or naturally resistant to decay.
b.
Noncorrosive metal, not less than eleven (11) gauge.
c.
Concrete.
d.
Masonry.
e.
Plastic, manufactured as permanent fencing material.
(5)
No barbed wire, razor wire or other sharp or hazardous materials shall be attached to or integrated into any fence unless approved as part of a special use permit for outdoor storage. No equipment or devices that deliver an electrical shock shall be attached to or integrated into any fence.
(6)
Finished side: All fences shall be constructed with the finished surface facing neighboring property and any support posts placed to the inside, except in such cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.
(7)
All gates that include a mechanical or electronic self-closing device shall be equipped with an approved automatic opening system in the event a person, vehicle or other object becomes caught in the gate.
(C)
District regulations:
(1)
Residential districts.
a.
Only decorative and open fences shall be permitted in actual front yards and shall not exceed four (4) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. Chain-link fences shall be prohibited in the actual front yard.
b.
Fences shall be permitted in actual interior and corner side yards, provided that the fence does not extend beyond the front line of the building or structure and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height.
c.
Fences shall be permitted in actual rear yards and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. Fences located in an actual rear yard extending along any state highway or railroad right-of-way shall not exceed eight (8) feet in height.
d.
Privacy fences immediately adjacent to patios or first floor decks shall not exceed six (6) feet in height, as measured from the top of the patio or deck. A privacy fence immediately adjacent to a deck other than a first floor deck shall not exceed five (5) feet in height, as measured from the top of the deck. Said privacy fences shall not exceed a total of ten (10) lineal feet and shall not require a permit.
e.
Fences within a visibility triangle shall not exceed three (3) feet in height.
(2)
Commercial and manufacturing districts.
a.
Fences shall be permitted in interior side yards, corner side yards and rear yards and shall not exceed eight (8) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height. Fences that are required to provide screening of outside activity or storage, in accordance with Section 11.2-1(C)(2)(a) of Appendix A (the Zoning Code), shall be permitted up to ten (10) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height.
b.
Fences shall be permitted in actual front yards and shall not exceed four (4) feet in height in commercially zoned districts and six (6) feet in height in manufacturing zoned districts, except within a visibility triangle, which shall not exceed three (3) feet in height.
c.
Fences within a visibility triangle shall not exceed three (3) feet in height.
(D)
Required fences:
(1)
Where a rear or side lot line of any business or manufacturing zoned district is adjacent to a side or rear lot line or right-of-way in an adjacent residentially zoned district, an approved opaque fence shall be provided and shall be eight (8) feet in height within such business or manufacturing use yard.
(2)
Where outside storage is authorized through the provisions of the zoning ordinance, that portion of any open yard or space used for storage, including the overnight parking of vehicles, shall be fully enclosed by an approved fence and shall be at least six (6) but no more than ten (10) feet in height.
(E)
Exceptions: The provisions of this section shall not apply to fences owned or maintained by the city or to fences constructed and maintained by any other governmental body or agency for the purpose of public safety.
(F)
Temporary fences.
(1)
Shall only be utilized for a construction, demolition, or site grading related activity.
(2)
Shall be constructed of material in compliance with section 7.1(B)(4) or other material as approved by the city's building official.
(3)
Shall be removed within fourteen (14) days of the completion of the construction, demolition, or site grading related activity or upon expiration of the permit authorizing said fence.
(Ord. No. 2733, § 6, 4-4-94; Ord. No. 4224, § 1, 2-21-2000; Ord. No. 03-O-0040, §§ 6, 7, 6-16-2003; Ord. No. 11-O-0025, § 4, 5-16-2011; Ord. No. 14-O-0019, § 2, 6-16-2014; Ord. No. 22-O-0025, §§ 1, 2, 10-17-2022)
(A)
A home occupation is an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered as an economic enterprise. Such use shall be clearly incidental or subordinate to the residential use of a dwelling.
(B)
Home occupations do not include garage or yard sales. Garage or yard sales are limited to three (3) times during each calendar year.
(C)
Home occupations are permitted as an accessory use to a residence only when all of the following criteria are met:
(1)
Area of use. Home occupations shall be entirely contained within the interior of a residence or located in garages or accessory structures on the site. No visible evidence of the business shall be apparent from the street nor surrounding area. Family day-care homes will be allowed to have an outside play area which shall be fenced. A home occupation shall use no more than twenty (20) percent of the total dwelling unit floor area. Those home occupations which require occasional meetings using more than twenty (20) percent of the floor space may be permitted, providing such meetings do not occur more frequently than once per month.
(2)
Employees. The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups.
(3)
Sales, repairs and leasing.
Sales. The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. Members of the general public shall not include persons in the home by prior individualized invitation.
Repairs. The repair of items out of a home occupation may occur only when the delivery and pick-up of the item is conducted by the proprietor of the home occupation or by employees of the home occupation as defined in this section.
Leasing. The exchange of items in a lease agreement between the proprietor of the home occupation or an assistant and a customer shall not occur on the premises of a home occupation.
(4)
Traffic and parking. No parking in the public right-of-way shall occur as a result of this home occupation except for occasional meetings. If parking for a home occupation occurs in a manner of frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best handled in a commercial district rather than as a home occupation.
(5)
Changes to exterior. The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building material, size or color; lighting fixtures or intensity; parking area; or any other exterior change should not cause the structure to lose its residential character nor should it detract from the residential character of the neighborhood.
(6)
Nuisance controls. A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration and glare or bright lighting which would be over and above that created by a single-residential dwelling. The production, dumping or storage of combustible or toxic substances shall not be permitted on site. Additionally, a home occupation shall not create interference or fluctuations of radio or television transmission.
(7)
Visitation. A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this chapter shall apply to the activity generated by the home occupation, excluding family day-care homes; a home occupation shall also not generate more than six (6) arrivals and six (6) departures per day by vehicles. Family day-care operations shall not generate more than twelve (12) arrivals and twelve (12) departures per day by vehicles. These standards shall not be construed so as to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitation hours specified in this chapter.
(Ord. No. 12-O-0008, § 7, 4-16-2012)
Any light used for the illumination of signs, parking areas, swimming pools or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists. (See lighting in parking section)
(A)
Pools used for swimming or bathing shall be in conformity with the requirements of this section, provided however, these regulations shall not be applicable to any such pool less than twenty-four (24) inches deep or having a surface area less than two hundred fifty (250) square feet except when such pools are permanently equipped with a water recirculating system.
(B)
A wall of a private swimming pool shall not be located less than ten (10) feet from any rear or side property line or ten (10) feet from side lot line abutting a street or ten (10) feet from any principal structure. A swimming pool shall not be located in any front yard.
(C)
Electric wiring. An eighteen (18) foot electrical wire clearance must be maintained from the nearest point of the pool to the power line. All wiring around pools must conform and be maintained to meet all present city electrical codes.
In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following requirements:
(A)
Commercial. The establishment of such uses shall be subject to the following requirements:
(1)
No exterior storage of any fertilizer, compost, manure or other odor or dust producing substance shall be permitted within fifty (50) feet of any property line. Such storage shall be screened in compliance with the restrictions in section 11.2-1(C)(2).
(2)
Greenhouse heating plants shall be in an enclosed building and shall not be less than fifty (50) feet from any property line.
(3)
Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent properties.
(B)
Non-commercial. Such uses are allowed as accessory uses in all residential districts, provided that they meet all bulk regulations for accessory uses as listed in each residential district.
(C)
Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent residential properties.
(Ord. No. 03-O-0115, § 2, 12-15-2003)
Editor's note— Ord. No. 02-O-0117, § 4, adopted Oct. 7, 2002 repealed 7.6. The former 7.6 pertained to car lots and derived from Ord. No. 2733, § 7, adopted Apr. 4, 1994.
(A)
The lot on which any kennel is situated shall have a minimum area of three (3) acres.
(B)
Every kennel shall be located at least two hundred (200) feet from the nearest dwelling and at least one hundred (100) feet from any lot line.
Editor's note— Ord. No. 08-O-0010, § 8, adopted February 18, 2008, repealed § 7.8, which pertained to travel trailers and recreational vehicles. See also the Code Comparative Table.
(A)
All gasoline pumps and other service facilities shall be located at least twenty-five (25) feet from any street right-of-way line, side lot line or rear lot line.
(B)
Every access way shall be located at least two hundred (200) feet from the principal building of any fire station, school, public library and church at least thirty (30) feet from the corner of the lot when the lot is at the intersection of public streets.
(C)
All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.
(D)
Whenever the use of a service station has been discontinued for twelve (12) consecutive months, or for eighteen (18) months during any three-year period, the administrator shall order that all underground storage tanks be removed or filled with material approved by the fire chief.
(E)
Prohibited activities in gas stations include, but are not limited to, the following: trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine rebuilding, motor vehicle dismantling, upholstery work and other such activities whose adverse external physical effects would extend beyond the property line.
(F)
All repair and other ancillary work conducted at automobile body shops, automobile repair shops, automobile care centers and automobile service stations shall be conducted in a completely enclosed building. Vehicles stored as part of any repair or other ancillary work shall be located on a paved surface that is visually screened from surrounding properties and shall not consume any required parking spaces. Vehicles stored at any automobile body shop shall be stored for no longer than twenty-one (21) days while being repaired. Vehicles stored at an automobile repair shop shall be stored for no longer than five (5) days while being repaired. Vehicles stored at any automobile care center shall be stored for no longer than one (1) day while being repaired or having any other ancillary work done to the vehicle.
(Ord. No. 01-O-0118, § 5, 1-7-2002)
Under no circumstances may a commercial truck trailer be placed on any lot for the purpose of serving as a place for storage.
Editor's note— Ord. No. 12-O-0008, § 6, adopted April 16, 2012, repealed § 7.11, which pertained to refuse containers multifamily units and derived from Ord. No. 2010, adopted Oct. 19, 1992.
(A)
Permit required: Antennas and/or towers for personal wireless services shall not be installed without first obtaining a permit from the zoning administrator, in accordance with the requirements of this section.
(B)
Purpose: The purpose and intent of this section is to provide for the placement and construction of antennas and towers for personal wireless services so as: to encourage the location of towers in the manufacturing and general business districts, and away from residential areas; to encourage the colocation of personal wireless service facilities and minimize the number of towers; to minimize adverse visual impact on residential areas; and to comply with the requirements, spirit and intent of Federal law.
(C)
Definitions: For the purposes of this section, the following terms shall have the meanings as set forth below:
Antenna shall mean any exterior device mounted on a tower, building or structure and used for transmitting or receiving communications for personal wireless services.
FAA shall mean the Federal Aviation Administration.
FCC shall mean the Federal Communications Commission.
Personal wireless services shall mean commercial mobile services, common carrier wireless exchange access services, and unlicensed wireless services (i.e. telecommunications services using duly authorized devices which do not require individual licenses, but not including direct to home satellite services).
Support equipment shall mean any electrical and mechanical equipment associated with an antenna and any brackets or other materials used to structurally attach an antenna to a tower or building.
Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for personal wireless services.
(D)
Location of antennas and towers:
(1)
Districts: Antennas and towers for personal wireless services complying with the requirements of this section may be installed on lots in the following districts:
a.
B-2 General Business District.
b.
B-3 Regional Shopping District.
c.
M Manufacturing District.
d.
ORI Office Research and Light Industrial District.
In addition, antennas and towers complying with the requirements of this section may be located on lots owned by the city, a unit of local government, the state, or the federal government, in any district. Further, antennas for personal wireless services complying with the requirements of this section may be installed on lots in the portions of the R-6 Residential District which are not included in any historic district.
(2)
Lots: No new tower shall be permitted on any lot unless the applicant demonstrates to the zoning administrator that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
a.
No available existing tower or structure is located within the geographic area required to meet applicant's engineering or technological requirements.
b.
No available existing tower or structure is sufficient in height to meet applicant's engineering or technological requirements.
c.
No available existing tower or structure has 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 any available existing tower or structure, or the antenna(s) on such tower or structure would cause interference with the applicant's proposed antenna.
e.
The applicant demonstrates that there are other limiting factors that render any available existing tower or structure unsuitable, including, but not limited to, the owner of such tower or structure requiring unreasonable terms for the applicant's use thereof.
Antennas and towers for personal wireless services may be installed on lots with different existing principal structures and/or uses. Such antennas and towers, complying with the requirements of this section, shall not be deemed to be either principal or accessory structures or uses, but shall be permitted additional structures. Such antennas and towers, including all associated electrical and mechanical equipment, shall be included for purposes of determining maximum lot coverages for the lots upon which they are located.
(E)
Antenna and tower standards:
(1)
Generally:
a.
All towers and antennas, including all associated electrical and mechanical equipment, shall be designed to the extent practicable to use materials, colors, textures, screening and landscaping which visually blend with the surrounding property.
b.
All antennas and towers must comply with all applicable federal, state and local laws, ordinances, codes, rules, regulations and standards, including but not limited to the rules and regulations of the FAA and the FCC, and the city's building regulations, Chapter 4, of the Code of Ordinances.
c.
Any shed or other building used to solely to support equipment related to any antenna shall not exceed ten (10) feet in height nor two hundred forty (240) square feet of gross floor area, shall comply with all setback requirements of the district in which it is located and shall be screened in compliance with the landscaping requirements of article XIV.
d.
For antennas mounted on buildings or other structures, all support equipment shall be screened or enclosed in some manner as to mask such equipment. Antennas and support equipment shall not occupy more than ten (10) percent of the roof area of any building.
(2)
Antennas:
a.
Each antenna, including all support equipment, shall be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to minimize visual obtrusiveness.
b.
Each antenna shall be either roof-mounted, tower-mounted or structure-mounted to a lawfully existing structure other than a building or tower. Each roof-mounted antenna shall be structurally attached to the roof of a building that complies with the requirements of the district in which it is located. Each tower-mounted antenna shall be structurally attached to a tower that complies with the requirements of this section. Each structure-mounted antenna shall be mounted to a structure, other than a building or tower, which is lawfully existing.
c.
No roof-mounted antenna shall exceed a total height of twenty (20) feet above the height of such building, as measured to the highest point of the antenna, unless the applicant can demonstrate to the satisfaction of the zoning administrator that more height is physically necessary in order to permit the provision of personal wireless services and no alternative location or locations exist which would permit the provision of personal wireless services without such height; in which case, the antenna shall not exceed the minimum height necessary to provide personal wireless services.
d.
No roof-mounted antenna shall overhang, or project, more than twenty-four (24) inches beyond the plane of any exterior wall of the building.
e.
No structure-mounted antenna shall exceed a total height of twenty (20) feet above the height of such structure, as measured to the highest point of the antenna.
(3)
Towers:
a.
Not more than one (1) tower shall be installed on any zoning lot.
b.
Except as otherwise provided in this subsection, no tower located in the M Manufacturing District or the ORI Office Research and Light Industrial District shall exceed a total height of one hundred (100) feet, and no tower located in any other zoning district shall exceed a total height of seventy-five (75) feet, as measured from the finished grade of the parcel to the highest point on the tower, including the base pad and any antennas attached thereto. Towers exceeding the foregoing heights may be permitted as follows:
1.
A tower that is designed to accommodate the antennas of two (2) unaffiliated users may be not more than one hundred twenty-five (125) feet in height if located in the M Manufacturing District or the ORI Office Research and Light Industrial District, or not more than one hundred (100) feet in height if located in any other zoning district.
2.
A tower that is designed to accommodate the antennas of three (3) or more unaffiliated users may be not more than one hundred fifty (150) feet in height if located in the M Manufacturing District or the ORI Office Research and Light Industrial District, or not more than one hundred twenty-five (125) feet in height if located in any other zoning district.
3.
Where the applicant can demonstrate to the zoning administrator that, to a reasonable degree of scientific certainty, a tower of greater height than that otherwise permitted under this subsection is physically necessary in order to permit the provision of personal wireless services, and no alternative location or locations exist which would permit the provision of personal wireless services, of such greater height, the zoning administrator may approve a tower of the minimum height necessary to provide personal wireless services.
c.
As a condition of the approval of any new tower designed to accommodate multiple antennas, the applicant shall provide, in a form suitable to be recorded in the office of the county recorder of deeds, a letter of intent to allow unaffiliated users to place antennas on the tower, and shall thereafter:
1.
Respond in a timely, comprehensive manner to a request for information from unaffiliated potential users.
2.
Negotiate in good faith for shared use of the tower by unaffiliated users.
3.
Allow such shared use where the unaffiliated user seeking such use enters into a written agreement to pay a reasonable, pro rata share of the costs of the tower and all equipment buildings, including all charges necessary to modify the tower to accommodate shared use, and to avoid interference with the signals transmitted or received by the tower's existing and/or intended users.
d.
No tower shall be installed less than fifteen hundred (1,500) feet from any other freestanding tower.
e.
No tower shall have any lights, signals, or signs, except as otherwise required by the applicable rules and regulations of the FAA or other regulatory agency having jurisdiction; in which case, such lights, signals, and/or signs shall be limited to the minimum that is so required.
f.
Each tower located in the M Manufacturing District or the ORI Office Research and Light Industrial District shall be a monopole type (i.e. a cylindrical, tapering metal pole without guy wires) having a galvanized finish or painted a neutral color so as to minimize visual obtrusiveness, or shall be an approved alternative tower design. Each tower located in any zoning district other than the M Manufacturing District or the ORI Office Research and Light Industrial District shall be an approved alternative tower design. For the purposes of this section, the term approved alternative tower design means a tower design approved by the zoning administrator, which results in a tower that resembles a clock tower, bell tower, church steeple, light pole or other structure of a type common to the district in which the tower is located, so as to camouflage or conceal the presence of the antennas and reduce the adverse visual effects associated with typical tower designs.
g.
Each tower shall be equipped with an appropriate anticlimbing device or devices; and shall feature security fencing not less than six (6) feet in height and/or other security measures, unless the applicant can demonstrate to the satisfaction of the zoning administrator that, due to specific circumstances relating to the applicant's proposed tower, such fencing and/or other security measures may be waived, in whole or in part, without a significant adverse impact on public safety.
h.
Each tower shall comply with all required setbacks for the zoning district in which such tower is located and, further, shall be setback from any adjacent property in any residential district a distance not less than the height of such tower.
i.
Except as otherwise provided in this subsection, landscaping shall be used to effectively screen the view of each tower compound from adjacent property and public ways, including a landscape buffer area no less than six (6) feet wide around the base of the tower and related equipment, consisting of plant materials that will grow to form a continuous hedge at least six (6) feet in height within two (2) years after planting. The applicant shall provide a landscaping plan, in accordance with the requirements of article XIV, detailing the plant materials to be planted and any existing significant plant materials to be removed. The zoning administrator may waive such landscaping requirements, in whole or in part:
1.
As a part of the zoning administrator's approval of an alternative tower design under subsection (E)(3)f above.
2.
Where the applicant can demonstrate to the zoning administrator that, due to specific circumstances relating to the applicant's proposed tower, such landscaping requirements must be waived to avoid a significant adverse impact on public safety.
(F)
Permit applications: Each application for a permit for an antenna and/or tower shall include the following information:
(1)
Each applicant for a permit pursuant to this section shall provide to the zoning administrator an inventory of its existing towers within the city and within one-half mile of the corporate limits of the city, including specific information detailing the location, height and design of each such tower.
(2)
A scaled site plan clearly showing the location, type, height and elevation drawings of the proposed antenna, tower and/or related accessory equipment sheds or other buildings; other buildings and/or structures on the lot; adjacent land uses and zoning; adjacent roadways; proposed access location; and applicable building setbacks.
(3)
Legal description of the property.
(4)
Exact distances, locations and identifications of surrounding residential properties and other antennas and towers.
(5)
A landscape plan.
(6)
Method of fencing and color of facilities.
(7)
Plans must be certified by a professional engineer with the State of Illinois and include a written statement that the proposed facilities comply with the Electronic Industries Association's standards and all City of West Chicago building and construction codes.
(8)
A statement by the applicant indicating whether any tower will accommodate additional users.
(9)
Documentation must be provided establishing the licensing of the telecommunications provider by the FCC.
(10)
Documentation from the FAA that the proposed antenna and/or tower is in compliance with all applicable FAA regulations.
(G)
Abandonment: In the event the use of any antenna and/or tower has been discontinued for a period of on hundred eighty (180) consecutive days, such antenna and/or tower shall be deemed to be abandoned, and the owner of such antenna or tower shall remove same within thirty (30) days of receipt of notice from the zoning administrator notifying the owner of such abandonment.
(Ord. No. 4258, § 1, 12-20-99)
(A)
Purpose: The following are the purposes of the architectural design standards set forth in this section:
(1)
To create an architectural identity for each development to avoid monotonous similarity among buildings or inappropriateness in exterior design and appearance of property.
(2)
To promote the orderly and harmonious growth of the city, and to protect and enhance land values, investments, and the general welfare of the citizens of the city.
(3)
To protect and to stabilize the general appearance of buildings, structures, landscaping and open spaces throughout the city.
(4)
To ensure adequate light, air and privacy for property throughout the city.
(5)
To encourage and promote acceptability, attractiveness, cohesiveness and compatibility of new development so as to maintain and improve the established standards of property values throughout the city;
(6)
To aid prospective contractors, architects, designers and developers in preparing their project plans for review by the city; and
(7)
To encourage high quality design, which will contribute to the overall appearance of the community upon construction and into the future.
(B)
Applicability. The design standards shall apply to all new construction and additions for single-family residential buildings and to all new construction as well as exterior rehabilitation and exterior remodeling of existing principal buildings for multi-family residential, and to all other types of new or existing building development within the B-1, B-2, B-3 and ORI zoning classifications, except for those developments located within the East Washington Historic District. Design guidelines approved by the city council from time to time shall also serve as a reference for development within specific historic districts and other areas.
(C)
Building and structure design.
(1)
Buildings and structures shall enhance the established neighborhood character and any adjacent residential and/or commercial property.
(2)
Building materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall use the same materials, or those that are architecturally harmonious, for all building walls and other exterior building components.
(3)
Building materials shall be of durable quality including, but not limited to, brick, stone, stucco, textured masonry units (CMU), or fiber cement siding. The zoning administrator may, at their discretion, allow the use of a material not listed if it meets the purpose of the architectural design standards outlined above in section 7.13(A). Any decision by the zoning administrator may be appealed by the applicant under the appeals process in section 7.13(N). Inappropriate materials or building methods, and those which will produce inconsistency with the structure and architecture of the building, shall be avoided.
(4)
No mansard roofs shall be permitted on commercial structures.
(5)
All materials used for multi-family residential dwelling units shall be compatible as a group with the surrounding structures. The design of multi-family dwelling units shall include vertical relief and architectural features to enhance appearance.
(6)
Building materials should be selected with special attention to energy conservation and in compliance with the Model Energy Code, as adopted by the City of West Chicago. Materials and colors that reduce the consumption of gas and electricity should be used wherever possible.
(7)
All building components, including but not limited to windows, doors, eaves, and parapets shall have good proportions and relationship to one another.
(8)
While it is recognized that color is a very subjective matter and that creativity should not be stifled, colors should nonetheless be used harmoniously and with some restraint. Color schemes should consider and respect the character and quality of the structure, as well as structures in the area. Excessively bright or brilliant colors should only be used for accent. Materials and colors should withstand the weather well over a twenty-five-year period.
(9)
Architectural style should be appropriate to the Chicago area and evaluation of a project shall be based on the quality of design and its relationship to surroundings. The design of structures should display a sensitivity to the best aspects of character, quality and scale of those structures already existing in the area of a proposed project. Innovative design is encouraged, provided that it enhances the established character of the neighborhood.
(10)
Architectural features and construction elements shall be completed and provide a finished appearance from all sides. There shall be no exposed framing.
(11)
Monotony of design shall be avoided, however styles should be complementary and should relate to indigenous architecture. To avoid a monotonous appearance in residential districts, no two (2) detached single-family dwellings of substantially similar or identical front elevation or facade shall be constructed or located on adjacent lots. Dwellings on adjacent lots must have two (2) substantial changes, which may be a combination of major or minor changes as provided below:
a.
Major changes. One (1) major change and color change shall constitute a substantial change:
1.
Roof treatment - hip, gable, twenty-five (25) percent or greater change in slope
2.
Location of garage entry - side and front
3.
Type of brick treatment - extended porticos, etc.
4.
Material treatment - full brick vs. half-and-half
5.
Overall facade - Mediterranean vs. colonial, for example
6.
Brick arches
7.
Brick bay projections
8.
Balconies
b.
Minor changes. Three (3) minor changes constitute a substantial change:
1.
Vertical or horizontal siding
2.
Colors of materials
3.
Door treatment - garage and entry
4.
Window styles - casements, bows and double hung
5.
Shutter treatment
6.
Ornamental treatment - lighting fixture location, or posts and fascia
7.
Reversing plan
8.
Garage door design
9.
Brick wing arms
(12)
On commercial buildings, facades greater than one hundred (100) feet in length must incorporate recesses and projections along at least twenty (20) percent of the length of the facade. Recesses and projections shall impact the foundation or internal footprint of the building. Windows, awnings, and arcades must total at least sixty (60) percent of the facade length abutting a public street.
(13)
On commercial buildings, color, texture and material module elements should be repeated horizontally and/or vertically.
(14)
In residential districts, garages shall not be the prominent feature, and shall compliment the structure in material and design.
(15)
Flat roofs shall be prohibited on single-family dwelling units.
(16)
Brick or stone shall neither be painted nor stained as to any new or existing multi-family residential building and as to any other types of new or existing building developments within the B-1, B-2, B-3 and ORI zoning classifications.
(D)
Relationship of buildings to site.
(1)
The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, pedestrian movement and parking areas.
(E)
Relationship of building and site to adjoining area.
(1)
Attractive landscape transition to adjoining properties shall be provided.
(2)
Buildings shall have similar scale to those in the surrounding area.
(F)
Utility services. Newly installed utility services, and service revisions that are necessitated by exterior alterations, shall be located underground.
(G)
Landscape and site treatment.
(1)
Landscape treatment shall be provided in a scale appropriate to the structure and in a manner so as to enhance architectural features, strengthen views into and from the site and enhance access areas, and provide shade. All landscaping design shall comply with article XIV of these regulations.
(2)
Where natural or existing topographic patterns contribute to the beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted only where it contributes to good appearance or as required to comply with stormwater management requirements.
(3)
Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting appearance for walking, and seating, if provided.
(4)
Unity of design shall be achieved by repetition of certain plant varieties and other materials, and should compliment adjacent developments.
(5)
Plant material shall be selected for interest in its, shape, density, texture and color, and for its ultimate growth. Plants that will be hardy, harmonious to the design, and of good appearance shall be used.
(6)
In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices, wherever possible. Where building sites limit planting, planting within containers and placing approved trees or shrubs in parkways or paved areas shall be encouraged.
(7)
In areas where planting in general will not thrive, other materials such as fences, walls, and paving of wood, brick, stone, and cobbles shall be used. possible.
(8)
Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Lighting shall be aimed appropriately to minimize glare and spill onto adjacent property, and in conformance with this code.
(9)
Landscape islands shall be provided in accordance with article XIV of these regulations.
(10)
Screening of service yards, utility meters and hardware, mechanical equipment, and/or other potentially unattractive places from public view, shall be accomplished by the use of walls, fencing, planting, or combinations of all of the measures that follow. Screening shall be equally effective in the winter and summer seasons. For rooftop equipment, parapet walls are required along street frontages and bordering residential areas.
(11)
Dumpster enclosures shall be constructed of the same or similar material to the principle structure, unless granted an exception by the city council.
(H)
Miscellaneous structures: Miscellaneous structures located on private property, public ways, and other public property, including light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs and signals, benches, guardrails, rockeries, retaining walls, mailboxes and fire hydrants shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale should be appropriate, and colors should be in harmony with nearby buildings and surroundings, and proportions shall be attractive.
(I)
Signs.
(1)
Signs shall be designed to comply with article XII of the Zoning Ordinance. Materials and color used in signs shall have good architectural character and shall be harmonious with both building design and the surrounding landscape.
(2)
Signs shall have good scale in their design and in their visual relationship to buildings and surroundings.
(3)
Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided.
(4)
Lighting shall be harmonious with the design. If external spot or flood light is used, it shall be arranged so that the light source is shielded from view of pedestrians and vehicles.
(5)
Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with other signs on the building and signs on adjoining buildings. Signs shall have good proportions.
(6)
Ground signs shall be designed to be compatible with the architecture of the building. The same criteria applicable to walls signs shall apply to ground signs.
(7)
Identification signs of a prototype design shall conform to the criteria for wall and ground signs.
(8)
Wall signs on all multi-tenant commercial buildings shall be comprised of channel lettering only, which are consistent in size and style, except in the Turner Junction Historic District. Box signs shall be prohibited.
(9)
Neon tubing around the perimeter of a window or other opening, visible from the property boundary shall be prohibited.
(10)
The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
(J)
Maintenance and upkeep.
(1)
In general, maintenance and upkeep are required for all the parts and objects that compose the city's image. Lawns and plantings require considerably more periodic attention than do buildings; nonetheless, both require maintenance to retain a good appearance. Improper and inadequate maintenance decreases value that results in bad appearance. Continued good appearance depends upon the extent and quality of the maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.
(2)
Particular considerations.
a.
Site.
1.
Landscape materials, other than plantings, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced.
2.
Plant materials that have deteriorated or died shall be replaced with healthy plantings, or the area redesigned with other treatment to provide an attractive appearance.
3.
Plantings should be kept watered, fed, cultivated, and pruned as to give a healthy and well groomed appearance during all seasons.
4.
Parking areas should be kept in good repair, free of hazards, properly marked, and clear of litter and debris.
5.
Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season in accordance with the International Property Maintenance Code, as amended.
b.
Buildings and appurtenances.
1.
Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse.
2.
Buildings and appurtenances, including signs, shall be cleaned and painted or repaired as required to present a neat appearance.
3.
Deteriorated, worn or damaged portions shall be rebuilt or replaced.
4.
Building and sign illuminated elements shall be replaced as required to maintain the effect for which designed.
5.
Window coverings such as blinds, curtains and tinting may be utilized, but shall not render more than fifty (50) percent of each window pane opaque or prohibit visibility through the window except during times when the screening of direct sunlight is necessary. Window coverings shall be kept in good repair, replaced if they become faded or deteriorated and shall be kept clean to present a neat appearance.
c.
Public areas in or adjoining the development.
1.
Parkway planting areas shall be maintained by the adjacent property owner or tenant in order to add to the aesthetic enhancement of the private property and the overall attractiveness of the streetscape.
2.
Sidewalks, curbs and gutters, roadside berms and other public improvements in the public right-of-way shall be repaired and maintained as necessary.
3.
Refuse containers of an aesthetically satisfactory design and color shall be placed in locations that will encourage their use and shall be cleaned regularly, to avoid littering of waste materials.
4.
Street hardware shall be erected and secured properly, and shall be cleaned or painted regularly to present an orderly appearance. Signs shall be treated similarly.
(K)
Factors for evaluation - The following factors and characteristics which affect the appearance of a development, based on the criteria outlined in subsections (C) through (J) above, will govern the staff's evaluation of a design submission:
(1)
Conformance to ordinances;
(2)
Logic of design;
(3)
Exterior space utilization;
(4)
Architectural character;
(5)
Attractiveness;
(6)
Material selection;
(7)
Harmony and compatibility;
(8)
Circulation - vehicular and pedestrian; and
(9)
Maintenance aspects.
(L)
Administration.
(1)
An applicant for development approval shall submit a site plan, exterior elevations, and such other data deemed necessary by the community development department to evaluate a proposed architectural design and development layout.
(2)
Final plans and elevations shall be drawn to scale and shall indicate the nature and extent of the work proposed.
(3)
The review of architecture and site plans provided for in this section is intended to be only a part of the whole review procedure established in these regulations. Approval of architectural design does not in any way signify final approval of any portion of the project.
(M)
Definitions.
(1)
Appearance. The outward aspect visible to the public.
(2)
Appropriate. Sympathetic, or fitting, to the context of the site and the whole community.
(3)
Appurtenances. The visible, functional objects accessory to and part of buildings.
(4)
Architectural character. The composite or aggregate of the characteristics of structure, form, materials and function of a building, group of buildings, or other architectural composition.
(5)
Architectural concept. The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.
(6)
Architectural feature. A prominent or significant part or element of a building, structure or site.
(7)
Architectural style. The characteristic form and detail, as of buildings of a particular historic period.
(8)
Attractive. Having qualities that arouse interest and pleasure in the observer.
(9)
City. The City of West Chicago.
(10)
Code. The Code of Ordinances for the City of West Chicago.
(11)
Cohesiveness. Unity of composition between design elements of a building, or a group of buildings and the landscape development.
(12)
Compatibility. Harmony in the appearance of two (2) or more buildings, structures, and landscape developments in the same vicinity.
(13)
Continuity. Unity of composition between design elements of a building, group of buildings, and the landscape development.
(14)
Decorative screen. A wall or fence intended to partially or entirely cut off visibility to the area behind it.
(15)
Design. The fit or form and function to a site or object of utility.
(16)
Exterior building component. An essential and visible part of the exterior of a building.
(17)
External design feature. The general arrangement of any portion of a building, sign, landscaping, or structure and including the kind, color and texture of the materials of such portion, and the types of roof, windows, doors, lights attached or ground signs, or other fixtures appurtenant to such portions as will be open to public view from any street, place or way.
(18)
Graphic element. A letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.
(19)
Harmony. A quality which produces an aesthetically pleasing whole as in an arrangement of varied architectural and landscape elements.
(20)
Landscape. Elements of nature, topography, buildings, and other manmade objects combined in relation to one another.
(21)
Logic of design. Accepted principles and criteria of validity in the solution of the problem of design.
(22)
Mechanical equipment. Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning and similar purposes.
(23)
Miscellaneous and accessory structures. Structures, other than buildings, visible from public ways. Examples include, but are not limited to, memorials, antennas, water tanks and towers, sheds, shelters, fences and walls, kennels, transformers, and drive-up facilities.
(24)
Paved areas. Roads, parking areas, terraces, plazas, patios and walkways.
(25)
Plant materials. Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.
(26)
Proportion. Balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.
(27)
Scale. Harmonious relationship of the size of parts to one another and the human figure.
(28)
Screening. Structure or planting which conceals from view from public ways the areas behind such structure or planting.
(29)
Site break. A structural or landscape device to interrupt long vistas and create visual interest in a site development.
(30)
Street hardware. Objects other than buildings, structures, and buildings. Examples include, but are not limited to, lamp posts, utility poles, traffic lights, traffic signs, benches, refuse containers, planting containers, letter boxes and fire hydrants.
(31)
Streetscape. The scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.
(32)
Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground.
(33)
Utilitarian structure. A structure or enclosure relating to mechanical or electrical services to a building or development.
(34)
Utility hardware. Devices such as poles, crossarms, transformers and vaults, gas pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or project.
(35)
Utility service. Any device, including wire, pipe, and conduit, which carries gas, water, electricity, oil, and communications into a building or development.
(N)
Appeals. An applicant may request a waiver from the strict adherence to these guidelines by filing an application with the community development department for city council consideration. Strict adherence to these guidelines may not be waived due to financial hardship, but may be waived in circumstances where the applicant demonstrates that the proposed project provides a high quality cohesive design and style, including architectural design, construction material, landscaping, signage and site layout.
(Ord. No. 04-O-0045, § 2, 5-17-2004; Ord. No. 05-O-0003, § 1(Exh. B), 1-17-2005; Ord. No. 11-O-0012, §§ 2—4, 5-16-2011; Ord. No. 20-O-0003, §§ 1, 2, 4-6-2020; Ord. No. 24-O-0009, §§ 1—3, 3-18-2024)
(A)
Purpose. The purpose of these standards is to establish general guidelines for the placement of above ground service facilities. The goal of these standards is to encourage the location of above ground service facilities in non-residential areas and minimize the total number of above ground service facilities throughout the community; to encourage service providers to locate above ground service facilities, to the greatest extent possible, in areas where the adverse impact on the community is minimal; to encourage service providers to configure above ground service facilities in a manner that minimizes the adverse visual impact; and to enhance the ability of the service providers to provide such utility services to the community quickly, efficiently and effectively.
(B)
Applicability. No above ground service facility shall be erected or installed except in compliance with the provisions of these regulations. Above ground service facilities located on property owned, leased or otherwise controlled by the city may be exempt from the requirements of this article provided a lease, franchise agreement entered into after adoption of this ordinance, or license authorizing such above ground service facilities has been approved by city council. Where conflicts exist between these regulations and the remainder of the zoning ordinance, the provisions of these regulations shall govern.
(C)
Performance standards.
(1)
For purposes of determining whether the installation of an above ground service facility complies with district bulk regulations, including but not limited to setback and lot requirements, the dimensions of the entire zoning lot shall control, even though the above ground service facility may be located on leased property within such zoning lot(s).
(2)
Only one (1) above ground service facility shall be located on any one (1) zoning lot.
(3)
An above ground service facility shall not be located within a two hundred fifty-foot radius of an existing or approved above ground service facility location, unless:
(a)
No other site or current technology could be used to provide the intended services to the residents and businesses of the city; and
(b)
The prohibited use of the proposed site would create a gap in providing the intended services to the residents of the city.
(4)
No visible or audible signals, lights, or illumination shall be permitted on or from an above ground service facility. Above ground service facilities shall be of earth tone colors and be maintained in good condition including, but not limited to, being free of peeling paint and graffiti.
(5)
No signs, advertising, or information shall be allowed on any above ground service facility, other than a plaque a maximum of four (4) inches by six (6) inches identifying the service provider and contact information.
(6)
Above ground service facilities that are included as part of a building or structure shall be constructed of or screened with material(s) which substantially match or compliment the material(s) and color(s) of the exterior of the building or structure and shall be located or screened so as not to be visible from any adjacent property and/or right-of-way.
(7)
Above ground service facilities that are not included as part of a building or structure shall be one hundred (100) percent screened on a year round basis from adjacent property and public right-of-way with landscape plant material(s). The height of the plant material(s) shall be at least equal the height of the above ground service facility at time of planting. Above ground service facilities located on wooded lots containing a one hundred (100) percent landscape screen of natural growth around the above ground service facility may be a sufficient screen. Any landscaping utilized to satisfy the screening requirements of this subsection shall be maintenance responsibility of the service provider.
(8)
In the event the use of any above ground service facility has been discontinued for a period of one hundred and eighty (180) consecutive days, the above ground service facility shall be deemed to be abandoned. The city shall have the right to request documentation and/or affidavits from the service provider regarding the issue of the above ground service facility's use in determining the date of abandonment. Upon the city's determination and written notification to the service provider of such abandonment, the service provider shall have an additional thirty (30) days within which to: 1) reactivate the actual use of the above ground service facility or transfer the above ground service facility to another service provider who makes actual use of the above ground service facility, or 2) dismantle and remove the above ground service facility, and notify the city in writing of the completion of such removal. At the earlier date of either two hundred and seventy (270) days from the date of discontinuance without reactivation or upon completion of dismantling and removal, any zoning approval for the above ground service facility shall automatically expire without further action by the city.
(9)
Mobile or immobile equipment not used in direct support of an above ground service facility shall not be stored or parked on the site of an above ground service facility unless and while repairs to such facility are being made. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to satisfy applicable state and city performance standards. Testing and maintenance of generators shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
(10)
Above ground service facilities installed in all residential and business zoning districts and the Office, Research and Light Industrial Zoning District shall be:
(a)
Prohibited in the required front yard and required corner side yards.
(b)
Prohibited in any critical sight lines at visibility triangles, as measured thirty (30) feet from the point of intersection of any two (2) rights-of-way, driveways, site access points, parking aisles, and public and private alleys, including any required landscape screening.
(c)
Located at least five (5) feet from a rear lot line and three (3) feet from an interior side lot line.
(d)
Located at least ten (10) feet from any existing principal or accessory structure.
(11)
Above ground service facilities installed in the Manufacturing Zoning District shall be:
(a)
Located at least five (5) feet from a front lot line, corner side lot line and rear lot line.
(b)
Located at least three (3) feet from an interior side lot line.
(D)
Factors considered in granting special use permits. In addition to the performance standards identified in subsection (C), the following factors shall be considered in determining whether to recommend or issue a special use permit:
(1)
The size of proposed above ground service facility.
(2)
The proximity of an above ground service facility proposed on a non-residential lot to any residential zoning district boundaries.
(3)
The nature and intensity of the uses on the lot and the uses located on any adjacent or nearby properties.
(4)
The topography of the lot and surrounding areas.
(5)
The surrounding tree coverage and existing landscaping.
(6)
The design of the above ground service facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual, audible, or luminary obtrusiveness.
(Ord. No. 07-O-0024, § 3, 3-19-2007)
SUPPLEMENTARY USE AND BULK REGULATIONS
(A)
Permit required: No fence except a natural fence shall be erected or placed upon any property without first obtaining a fence permit. Application for a fence permit shall be filed with the superintendent of building inspections, on forms supplied by the city, and shall require a plat of survey or approved site plan showing the specific location, material, type and height of proposed fence.
(B)
Fence construction standards:
(1)
Location: Each fence shall be located completely within the boundaries of the lot for which the permit has been issued, including all posts, bases and other structural parts.
No permanent fence shall be constructed or erected within any public street or alley right-of-way unless authorized by the City Council. Fences erected on public easements shall be so constructed that drainage shall not be obstructed and, in the event that such fence must be removed for maintenance or other work in such easement, removal and any replacement of such fence shall be the responsibility of the property owner.
(2)
Clearance from Utilities at Grade. All fences shall maintain the following clearances:
a.
Three (3) feet from any side of a utility pedestal.
b.
Six (6) feet from the access side and three (3) feet from the side of any transformer.
(3)
Height: the height of a fence shall be measured from the average ground level one (1) foot from each side of said fence.
(4)
Construction: Fences shall be designed and constructed to resist normal horizontal wind pressure. Fence material shall consist of one of the following:
a.
Wood, chemically treated or naturally resistant to decay.
b.
Noncorrosive metal, not less than eleven (11) gauge.
c.
Concrete.
d.
Masonry.
e.
Plastic, manufactured as permanent fencing material.
(5)
No barbed wire, razor wire or other sharp or hazardous materials shall be attached to or integrated into any fence unless approved as part of a special use permit for outdoor storage. No equipment or devices that deliver an electrical shock shall be attached to or integrated into any fence.
(6)
Finished side: All fences shall be constructed with the finished surface facing neighboring property and any support posts placed to the inside, except in such cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.
(7)
All gates that include a mechanical or electronic self-closing device shall be equipped with an approved automatic opening system in the event a person, vehicle or other object becomes caught in the gate.
(C)
District regulations:
(1)
Residential districts.
a.
Only decorative and open fences shall be permitted in actual front yards and shall not exceed four (4) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. Chain-link fences shall be prohibited in the actual front yard.
b.
Fences shall be permitted in actual interior and corner side yards, provided that the fence does not extend beyond the front line of the building or structure and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height.
c.
Fences shall be permitted in actual rear yards and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. Fences located in an actual rear yard extending along any state highway or railroad right-of-way shall not exceed eight (8) feet in height.
d.
Privacy fences immediately adjacent to patios or first floor decks shall not exceed six (6) feet in height, as measured from the top of the patio or deck. A privacy fence immediately adjacent to a deck other than a first floor deck shall not exceed five (5) feet in height, as measured from the top of the deck. Said privacy fences shall not exceed a total of ten (10) lineal feet and shall not require a permit.
e.
Fences within a visibility triangle shall not exceed three (3) feet in height.
(2)
Commercial and manufacturing districts.
a.
Fences shall be permitted in interior side yards, corner side yards and rear yards and shall not exceed eight (8) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height. Fences that are required to provide screening of outside activity or storage, in accordance with Section 11.2-1(C)(2)(a) of Appendix A (the Zoning Code), shall be permitted up to ten (10) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height.
b.
Fences shall be permitted in actual front yards and shall not exceed four (4) feet in height in commercially zoned districts and six (6) feet in height in manufacturing zoned districts, except within a visibility triangle, which shall not exceed three (3) feet in height.
c.
Fences within a visibility triangle shall not exceed three (3) feet in height.
(D)
Required fences:
(1)
Where a rear or side lot line of any business or manufacturing zoned district is adjacent to a side or rear lot line or right-of-way in an adjacent residentially zoned district, an approved opaque fence shall be provided and shall be eight (8) feet in height within such business or manufacturing use yard.
(2)
Where outside storage is authorized through the provisions of the zoning ordinance, that portion of any open yard or space used for storage, including the overnight parking of vehicles, shall be fully enclosed by an approved fence and shall be at least six (6) but no more than ten (10) feet in height.
(E)
Exceptions: The provisions of this section shall not apply to fences owned or maintained by the city or to fences constructed and maintained by any other governmental body or agency for the purpose of public safety.
(F)
Temporary fences.
(1)
Shall only be utilized for a construction, demolition, or site grading related activity.
(2)
Shall be constructed of material in compliance with section 7.1(B)(4) or other material as approved by the city's building official.
(3)
Shall be removed within fourteen (14) days of the completion of the construction, demolition, or site grading related activity or upon expiration of the permit authorizing said fence.
(Ord. No. 2733, § 6, 4-4-94; Ord. No. 4224, § 1, 2-21-2000; Ord. No. 03-O-0040, §§ 6, 7, 6-16-2003; Ord. No. 11-O-0025, § 4, 5-16-2011; Ord. No. 14-O-0019, § 2, 6-16-2014; Ord. No. 22-O-0025, §§ 1, 2, 10-17-2022)
(A)
A home occupation is an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered as an economic enterprise. Such use shall be clearly incidental or subordinate to the residential use of a dwelling.
(B)
Home occupations do not include garage or yard sales. Garage or yard sales are limited to three (3) times during each calendar year.
(C)
Home occupations are permitted as an accessory use to a residence only when all of the following criteria are met:
(1)
Area of use. Home occupations shall be entirely contained within the interior of a residence or located in garages or accessory structures on the site. No visible evidence of the business shall be apparent from the street nor surrounding area. Family day-care homes will be allowed to have an outside play area which shall be fenced. A home occupation shall use no more than twenty (20) percent of the total dwelling unit floor area. Those home occupations which require occasional meetings using more than twenty (20) percent of the floor space may be permitted, providing such meetings do not occur more frequently than once per month.
(2)
Employees. The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups.
(3)
Sales, repairs and leasing.
Sales. The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. Members of the general public shall not include persons in the home by prior individualized invitation.
Repairs. The repair of items out of a home occupation may occur only when the delivery and pick-up of the item is conducted by the proprietor of the home occupation or by employees of the home occupation as defined in this section.
Leasing. The exchange of items in a lease agreement between the proprietor of the home occupation or an assistant and a customer shall not occur on the premises of a home occupation.
(4)
Traffic and parking. No parking in the public right-of-way shall occur as a result of this home occupation except for occasional meetings. If parking for a home occupation occurs in a manner of frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best handled in a commercial district rather than as a home occupation.
(5)
Changes to exterior. The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building material, size or color; lighting fixtures or intensity; parking area; or any other exterior change should not cause the structure to lose its residential character nor should it detract from the residential character of the neighborhood.
(6)
Nuisance controls. A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration and glare or bright lighting which would be over and above that created by a single-residential dwelling. The production, dumping or storage of combustible or toxic substances shall not be permitted on site. Additionally, a home occupation shall not create interference or fluctuations of radio or television transmission.
(7)
Visitation. A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this chapter shall apply to the activity generated by the home occupation, excluding family day-care homes; a home occupation shall also not generate more than six (6) arrivals and six (6) departures per day by vehicles. Family day-care operations shall not generate more than twelve (12) arrivals and twelve (12) departures per day by vehicles. These standards shall not be construed so as to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitation hours specified in this chapter.
(Ord. No. 12-O-0008, § 7, 4-16-2012)
Any light used for the illumination of signs, parking areas, swimming pools or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists. (See lighting in parking section)
(A)
Pools used for swimming or bathing shall be in conformity with the requirements of this section, provided however, these regulations shall not be applicable to any such pool less than twenty-four (24) inches deep or having a surface area less than two hundred fifty (250) square feet except when such pools are permanently equipped with a water recirculating system.
(B)
A wall of a private swimming pool shall not be located less than ten (10) feet from any rear or side property line or ten (10) feet from side lot line abutting a street or ten (10) feet from any principal structure. A swimming pool shall not be located in any front yard.
(C)
Electric wiring. An eighteen (18) foot electrical wire clearance must be maintained from the nearest point of the pool to the power line. All wiring around pools must conform and be maintained to meet all present city electrical codes.
In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following requirements:
(A)
Commercial. The establishment of such uses shall be subject to the following requirements:
(1)
No exterior storage of any fertilizer, compost, manure or other odor or dust producing substance shall be permitted within fifty (50) feet of any property line. Such storage shall be screened in compliance with the restrictions in section 11.2-1(C)(2).
(2)
Greenhouse heating plants shall be in an enclosed building and shall not be less than fifty (50) feet from any property line.
(3)
Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent properties.
(B)
Non-commercial. Such uses are allowed as accessory uses in all residential districts, provided that they meet all bulk regulations for accessory uses as listed in each residential district.
(C)
Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent residential properties.
(Ord. No. 03-O-0115, § 2, 12-15-2003)
Editor's note— Ord. No. 02-O-0117, § 4, adopted Oct. 7, 2002 repealed 7.6. The former 7.6 pertained to car lots and derived from Ord. No. 2733, § 7, adopted Apr. 4, 1994.
(A)
The lot on which any kennel is situated shall have a minimum area of three (3) acres.
(B)
Every kennel shall be located at least two hundred (200) feet from the nearest dwelling and at least one hundred (100) feet from any lot line.
Editor's note— Ord. No. 08-O-0010, § 8, adopted February 18, 2008, repealed § 7.8, which pertained to travel trailers and recreational vehicles. See also the Code Comparative Table.
(A)
All gasoline pumps and other service facilities shall be located at least twenty-five (25) feet from any street right-of-way line, side lot line or rear lot line.
(B)
Every access way shall be located at least two hundred (200) feet from the principal building of any fire station, school, public library and church at least thirty (30) feet from the corner of the lot when the lot is at the intersection of public streets.
(C)
All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.
(D)
Whenever the use of a service station has been discontinued for twelve (12) consecutive months, or for eighteen (18) months during any three-year period, the administrator shall order that all underground storage tanks be removed or filled with material approved by the fire chief.
(E)
Prohibited activities in gas stations include, but are not limited to, the following: trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine rebuilding, motor vehicle dismantling, upholstery work and other such activities whose adverse external physical effects would extend beyond the property line.
(F)
All repair and other ancillary work conducted at automobile body shops, automobile repair shops, automobile care centers and automobile service stations shall be conducted in a completely enclosed building. Vehicles stored as part of any repair or other ancillary work shall be located on a paved surface that is visually screened from surrounding properties and shall not consume any required parking spaces. Vehicles stored at any automobile body shop shall be stored for no longer than twenty-one (21) days while being repaired. Vehicles stored at an automobile repair shop shall be stored for no longer than five (5) days while being repaired. Vehicles stored at any automobile care center shall be stored for no longer than one (1) day while being repaired or having any other ancillary work done to the vehicle.
(Ord. No. 01-O-0118, § 5, 1-7-2002)
Under no circumstances may a commercial truck trailer be placed on any lot for the purpose of serving as a place for storage.
Editor's note— Ord. No. 12-O-0008, § 6, adopted April 16, 2012, repealed § 7.11, which pertained to refuse containers multifamily units and derived from Ord. No. 2010, adopted Oct. 19, 1992.
(A)
Permit required: Antennas and/or towers for personal wireless services shall not be installed without first obtaining a permit from the zoning administrator, in accordance with the requirements of this section.
(B)
Purpose: The purpose and intent of this section is to provide for the placement and construction of antennas and towers for personal wireless services so as: to encourage the location of towers in the manufacturing and general business districts, and away from residential areas; to encourage the colocation of personal wireless service facilities and minimize the number of towers; to minimize adverse visual impact on residential areas; and to comply with the requirements, spirit and intent of Federal law.
(C)
Definitions: For the purposes of this section, the following terms shall have the meanings as set forth below:
Antenna shall mean any exterior device mounted on a tower, building or structure and used for transmitting or receiving communications for personal wireless services.
FAA shall mean the Federal Aviation Administration.
FCC shall mean the Federal Communications Commission.
Personal wireless services shall mean commercial mobile services, common carrier wireless exchange access services, and unlicensed wireless services (i.e. telecommunications services using duly authorized devices which do not require individual licenses, but not including direct to home satellite services).
Support equipment shall mean any electrical and mechanical equipment associated with an antenna and any brackets or other materials used to structurally attach an antenna to a tower or building.
Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for personal wireless services.
(D)
Location of antennas and towers:
(1)
Districts: Antennas and towers for personal wireless services complying with the requirements of this section may be installed on lots in the following districts:
a.
B-2 General Business District.
b.
B-3 Regional Shopping District.
c.
M Manufacturing District.
d.
ORI Office Research and Light Industrial District.
In addition, antennas and towers complying with the requirements of this section may be located on lots owned by the city, a unit of local government, the state, or the federal government, in any district. Further, antennas for personal wireless services complying with the requirements of this section may be installed on lots in the portions of the R-6 Residential District which are not included in any historic district.
(2)
Lots: No new tower shall be permitted on any lot unless the applicant demonstrates to the zoning administrator that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
a.
No available existing tower or structure is located within the geographic area required to meet applicant's engineering or technological requirements.
b.
No available existing tower or structure is sufficient in height to meet applicant's engineering or technological requirements.
c.
No available existing tower or structure has 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 any available existing tower or structure, or the antenna(s) on such tower or structure would cause interference with the applicant's proposed antenna.
e.
The applicant demonstrates that there are other limiting factors that render any available existing tower or structure unsuitable, including, but not limited to, the owner of such tower or structure requiring unreasonable terms for the applicant's use thereof.
Antennas and towers for personal wireless services may be installed on lots with different existing principal structures and/or uses. Such antennas and towers, complying with the requirements of this section, shall not be deemed to be either principal or accessory structures or uses, but shall be permitted additional structures. Such antennas and towers, including all associated electrical and mechanical equipment, shall be included for purposes of determining maximum lot coverages for the lots upon which they are located.
(E)
Antenna and tower standards:
(1)
Generally:
a.
All towers and antennas, including all associated electrical and mechanical equipment, shall be designed to the extent practicable to use materials, colors, textures, screening and landscaping which visually blend with the surrounding property.
b.
All antennas and towers must comply with all applicable federal, state and local laws, ordinances, codes, rules, regulations and standards, including but not limited to the rules and regulations of the FAA and the FCC, and the city's building regulations, Chapter 4, of the Code of Ordinances.
c.
Any shed or other building used to solely to support equipment related to any antenna shall not exceed ten (10) feet in height nor two hundred forty (240) square feet of gross floor area, shall comply with all setback requirements of the district in which it is located and shall be screened in compliance with the landscaping requirements of article XIV.
d.
For antennas mounted on buildings or other structures, all support equipment shall be screened or enclosed in some manner as to mask such equipment. Antennas and support equipment shall not occupy more than ten (10) percent of the roof area of any building.
(2)
Antennas:
a.
Each antenna, including all support equipment, shall be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to minimize visual obtrusiveness.
b.
Each antenna shall be either roof-mounted, tower-mounted or structure-mounted to a lawfully existing structure other than a building or tower. Each roof-mounted antenna shall be structurally attached to the roof of a building that complies with the requirements of the district in which it is located. Each tower-mounted antenna shall be structurally attached to a tower that complies with the requirements of this section. Each structure-mounted antenna shall be mounted to a structure, other than a building or tower, which is lawfully existing.
c.
No roof-mounted antenna shall exceed a total height of twenty (20) feet above the height of such building, as measured to the highest point of the antenna, unless the applicant can demonstrate to the satisfaction of the zoning administrator that more height is physically necessary in order to permit the provision of personal wireless services and no alternative location or locations exist which would permit the provision of personal wireless services without such height; in which case, the antenna shall not exceed the minimum height necessary to provide personal wireless services.
d.
No roof-mounted antenna shall overhang, or project, more than twenty-four (24) inches beyond the plane of any exterior wall of the building.
e.
No structure-mounted antenna shall exceed a total height of twenty (20) feet above the height of such structure, as measured to the highest point of the antenna.
(3)
Towers:
a.
Not more than one (1) tower shall be installed on any zoning lot.
b.
Except as otherwise provided in this subsection, no tower located in the M Manufacturing District or the ORI Office Research and Light Industrial District shall exceed a total height of one hundred (100) feet, and no tower located in any other zoning district shall exceed a total height of seventy-five (75) feet, as measured from the finished grade of the parcel to the highest point on the tower, including the base pad and any antennas attached thereto. Towers exceeding the foregoing heights may be permitted as follows:
1.
A tower that is designed to accommodate the antennas of two (2) unaffiliated users may be not more than one hundred twenty-five (125) feet in height if located in the M Manufacturing District or the ORI Office Research and Light Industrial District, or not more than one hundred (100) feet in height if located in any other zoning district.
2.
A tower that is designed to accommodate the antennas of three (3) or more unaffiliated users may be not more than one hundred fifty (150) feet in height if located in the M Manufacturing District or the ORI Office Research and Light Industrial District, or not more than one hundred twenty-five (125) feet in height if located in any other zoning district.
3.
Where the applicant can demonstrate to the zoning administrator that, to a reasonable degree of scientific certainty, a tower of greater height than that otherwise permitted under this subsection is physically necessary in order to permit the provision of personal wireless services, and no alternative location or locations exist which would permit the provision of personal wireless services, of such greater height, the zoning administrator may approve a tower of the minimum height necessary to provide personal wireless services.
c.
As a condition of the approval of any new tower designed to accommodate multiple antennas, the applicant shall provide, in a form suitable to be recorded in the office of the county recorder of deeds, a letter of intent to allow unaffiliated users to place antennas on the tower, and shall thereafter:
1.
Respond in a timely, comprehensive manner to a request for information from unaffiliated potential users.
2.
Negotiate in good faith for shared use of the tower by unaffiliated users.
3.
Allow such shared use where the unaffiliated user seeking such use enters into a written agreement to pay a reasonable, pro rata share of the costs of the tower and all equipment buildings, including all charges necessary to modify the tower to accommodate shared use, and to avoid interference with the signals transmitted or received by the tower's existing and/or intended users.
d.
No tower shall be installed less than fifteen hundred (1,500) feet from any other freestanding tower.
e.
No tower shall have any lights, signals, or signs, except as otherwise required by the applicable rules and regulations of the FAA or other regulatory agency having jurisdiction; in which case, such lights, signals, and/or signs shall be limited to the minimum that is so required.
f.
Each tower located in the M Manufacturing District or the ORI Office Research and Light Industrial District shall be a monopole type (i.e. a cylindrical, tapering metal pole without guy wires) having a galvanized finish or painted a neutral color so as to minimize visual obtrusiveness, or shall be an approved alternative tower design. Each tower located in any zoning district other than the M Manufacturing District or the ORI Office Research and Light Industrial District shall be an approved alternative tower design. For the purposes of this section, the term approved alternative tower design means a tower design approved by the zoning administrator, which results in a tower that resembles a clock tower, bell tower, church steeple, light pole or other structure of a type common to the district in which the tower is located, so as to camouflage or conceal the presence of the antennas and reduce the adverse visual effects associated with typical tower designs.
g.
Each tower shall be equipped with an appropriate anticlimbing device or devices; and shall feature security fencing not less than six (6) feet in height and/or other security measures, unless the applicant can demonstrate to the satisfaction of the zoning administrator that, due to specific circumstances relating to the applicant's proposed tower, such fencing and/or other security measures may be waived, in whole or in part, without a significant adverse impact on public safety.
h.
Each tower shall comply with all required setbacks for the zoning district in which such tower is located and, further, shall be setback from any adjacent property in any residential district a distance not less than the height of such tower.
i.
Except as otherwise provided in this subsection, landscaping shall be used to effectively screen the view of each tower compound from adjacent property and public ways, including a landscape buffer area no less than six (6) feet wide around the base of the tower and related equipment, consisting of plant materials that will grow to form a continuous hedge at least six (6) feet in height within two (2) years after planting. The applicant shall provide a landscaping plan, in accordance with the requirements of article XIV, detailing the plant materials to be planted and any existing significant plant materials to be removed. The zoning administrator may waive such landscaping requirements, in whole or in part:
1.
As a part of the zoning administrator's approval of an alternative tower design under subsection (E)(3)f above.
2.
Where the applicant can demonstrate to the zoning administrator that, due to specific circumstances relating to the applicant's proposed tower, such landscaping requirements must be waived to avoid a significant adverse impact on public safety.
(F)
Permit applications: Each application for a permit for an antenna and/or tower shall include the following information:
(1)
Each applicant for a permit pursuant to this section shall provide to the zoning administrator an inventory of its existing towers within the city and within one-half mile of the corporate limits of the city, including specific information detailing the location, height and design of each such tower.
(2)
A scaled site plan clearly showing the location, type, height and elevation drawings of the proposed antenna, tower and/or related accessory equipment sheds or other buildings; other buildings and/or structures on the lot; adjacent land uses and zoning; adjacent roadways; proposed access location; and applicable building setbacks.
(3)
Legal description of the property.
(4)
Exact distances, locations and identifications of surrounding residential properties and other antennas and towers.
(5)
A landscape plan.
(6)
Method of fencing and color of facilities.
(7)
Plans must be certified by a professional engineer with the State of Illinois and include a written statement that the proposed facilities comply with the Electronic Industries Association's standards and all City of West Chicago building and construction codes.
(8)
A statement by the applicant indicating whether any tower will accommodate additional users.
(9)
Documentation must be provided establishing the licensing of the telecommunications provider by the FCC.
(10)
Documentation from the FAA that the proposed antenna and/or tower is in compliance with all applicable FAA regulations.
(G)
Abandonment: In the event the use of any antenna and/or tower has been discontinued for a period of on hundred eighty (180) consecutive days, such antenna and/or tower shall be deemed to be abandoned, and the owner of such antenna or tower shall remove same within thirty (30) days of receipt of notice from the zoning administrator notifying the owner of such abandonment.
(Ord. No. 4258, § 1, 12-20-99)
(A)
Purpose: The following are the purposes of the architectural design standards set forth in this section:
(1)
To create an architectural identity for each development to avoid monotonous similarity among buildings or inappropriateness in exterior design and appearance of property.
(2)
To promote the orderly and harmonious growth of the city, and to protect and enhance land values, investments, and the general welfare of the citizens of the city.
(3)
To protect and to stabilize the general appearance of buildings, structures, landscaping and open spaces throughout the city.
(4)
To ensure adequate light, air and privacy for property throughout the city.
(5)
To encourage and promote acceptability, attractiveness, cohesiveness and compatibility of new development so as to maintain and improve the established standards of property values throughout the city;
(6)
To aid prospective contractors, architects, designers and developers in preparing their project plans for review by the city; and
(7)
To encourage high quality design, which will contribute to the overall appearance of the community upon construction and into the future.
(B)
Applicability. The design standards shall apply to all new construction and additions for single-family residential buildings and to all new construction as well as exterior rehabilitation and exterior remodeling of existing principal buildings for multi-family residential, and to all other types of new or existing building development within the B-1, B-2, B-3 and ORI zoning classifications, except for those developments located within the East Washington Historic District. Design guidelines approved by the city council from time to time shall also serve as a reference for development within specific historic districts and other areas.
(C)
Building and structure design.
(1)
Buildings and structures shall enhance the established neighborhood character and any adjacent residential and/or commercial property.
(2)
Building materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall use the same materials, or those that are architecturally harmonious, for all building walls and other exterior building components.
(3)
Building materials shall be of durable quality including, but not limited to, brick, stone, stucco, textured masonry units (CMU), or fiber cement siding. The zoning administrator may, at their discretion, allow the use of a material not listed if it meets the purpose of the architectural design standards outlined above in section 7.13(A). Any decision by the zoning administrator may be appealed by the applicant under the appeals process in section 7.13(N). Inappropriate materials or building methods, and those which will produce inconsistency with the structure and architecture of the building, shall be avoided.
(4)
No mansard roofs shall be permitted on commercial structures.
(5)
All materials used for multi-family residential dwelling units shall be compatible as a group with the surrounding structures. The design of multi-family dwelling units shall include vertical relief and architectural features to enhance appearance.
(6)
Building materials should be selected with special attention to energy conservation and in compliance with the Model Energy Code, as adopted by the City of West Chicago. Materials and colors that reduce the consumption of gas and electricity should be used wherever possible.
(7)
All building components, including but not limited to windows, doors, eaves, and parapets shall have good proportions and relationship to one another.
(8)
While it is recognized that color is a very subjective matter and that creativity should not be stifled, colors should nonetheless be used harmoniously and with some restraint. Color schemes should consider and respect the character and quality of the structure, as well as structures in the area. Excessively bright or brilliant colors should only be used for accent. Materials and colors should withstand the weather well over a twenty-five-year period.
(9)
Architectural style should be appropriate to the Chicago area and evaluation of a project shall be based on the quality of design and its relationship to surroundings. The design of structures should display a sensitivity to the best aspects of character, quality and scale of those structures already existing in the area of a proposed project. Innovative design is encouraged, provided that it enhances the established character of the neighborhood.
(10)
Architectural features and construction elements shall be completed and provide a finished appearance from all sides. There shall be no exposed framing.
(11)
Monotony of design shall be avoided, however styles should be complementary and should relate to indigenous architecture. To avoid a monotonous appearance in residential districts, no two (2) detached single-family dwellings of substantially similar or identical front elevation or facade shall be constructed or located on adjacent lots. Dwellings on adjacent lots must have two (2) substantial changes, which may be a combination of major or minor changes as provided below:
a.
Major changes. One (1) major change and color change shall constitute a substantial change:
1.
Roof treatment - hip, gable, twenty-five (25) percent or greater change in slope
2.
Location of garage entry - side and front
3.
Type of brick treatment - extended porticos, etc.
4.
Material treatment - full brick vs. half-and-half
5.
Overall facade - Mediterranean vs. colonial, for example
6.
Brick arches
7.
Brick bay projections
8.
Balconies
b.
Minor changes. Three (3) minor changes constitute a substantial change:
1.
Vertical or horizontal siding
2.
Colors of materials
3.
Door treatment - garage and entry
4.
Window styles - casements, bows and double hung
5.
Shutter treatment
6.
Ornamental treatment - lighting fixture location, or posts and fascia
7.
Reversing plan
8.
Garage door design
9.
Brick wing arms
(12)
On commercial buildings, facades greater than one hundred (100) feet in length must incorporate recesses and projections along at least twenty (20) percent of the length of the facade. Recesses and projections shall impact the foundation or internal footprint of the building. Windows, awnings, and arcades must total at least sixty (60) percent of the facade length abutting a public street.
(13)
On commercial buildings, color, texture and material module elements should be repeated horizontally and/or vertically.
(14)
In residential districts, garages shall not be the prominent feature, and shall compliment the structure in material and design.
(15)
Flat roofs shall be prohibited on single-family dwelling units.
(16)
Brick or stone shall neither be painted nor stained as to any new or existing multi-family residential building and as to any other types of new or existing building developments within the B-1, B-2, B-3 and ORI zoning classifications.
(D)
Relationship of buildings to site.
(1)
The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, pedestrian movement and parking areas.
(E)
Relationship of building and site to adjoining area.
(1)
Attractive landscape transition to adjoining properties shall be provided.
(2)
Buildings shall have similar scale to those in the surrounding area.
(F)
Utility services. Newly installed utility services, and service revisions that are necessitated by exterior alterations, shall be located underground.
(G)
Landscape and site treatment.
(1)
Landscape treatment shall be provided in a scale appropriate to the structure and in a manner so as to enhance architectural features, strengthen views into and from the site and enhance access areas, and provide shade. All landscaping design shall comply with article XIV of these regulations.
(2)
Where natural or existing topographic patterns contribute to the beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted only where it contributes to good appearance or as required to comply with stormwater management requirements.
(3)
Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting appearance for walking, and seating, if provided.
(4)
Unity of design shall be achieved by repetition of certain plant varieties and other materials, and should compliment adjacent developments.
(5)
Plant material shall be selected for interest in its, shape, density, texture and color, and for its ultimate growth. Plants that will be hardy, harmonious to the design, and of good appearance shall be used.
(6)
In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices, wherever possible. Where building sites limit planting, planting within containers and placing approved trees or shrubs in parkways or paved areas shall be encouraged.
(7)
In areas where planting in general will not thrive, other materials such as fences, walls, and paving of wood, brick, stone, and cobbles shall be used. possible.
(8)
Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Lighting shall be aimed appropriately to minimize glare and spill onto adjacent property, and in conformance with this code.
(9)
Landscape islands shall be provided in accordance with article XIV of these regulations.
(10)
Screening of service yards, utility meters and hardware, mechanical equipment, and/or other potentially unattractive places from public view, shall be accomplished by the use of walls, fencing, planting, or combinations of all of the measures that follow. Screening shall be equally effective in the winter and summer seasons. For rooftop equipment, parapet walls are required along street frontages and bordering residential areas.
(11)
Dumpster enclosures shall be constructed of the same or similar material to the principle structure, unless granted an exception by the city council.
(H)
Miscellaneous structures: Miscellaneous structures located on private property, public ways, and other public property, including light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs and signals, benches, guardrails, rockeries, retaining walls, mailboxes and fire hydrants shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale should be appropriate, and colors should be in harmony with nearby buildings and surroundings, and proportions shall be attractive.
(I)
Signs.
(1)
Signs shall be designed to comply with article XII of the Zoning Ordinance. Materials and color used in signs shall have good architectural character and shall be harmonious with both building design and the surrounding landscape.
(2)
Signs shall have good scale in their design and in their visual relationship to buildings and surroundings.
(3)
Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided.
(4)
Lighting shall be harmonious with the design. If external spot or flood light is used, it shall be arranged so that the light source is shielded from view of pedestrians and vehicles.
(5)
Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with other signs on the building and signs on adjoining buildings. Signs shall have good proportions.
(6)
Ground signs shall be designed to be compatible with the architecture of the building. The same criteria applicable to walls signs shall apply to ground signs.
(7)
Identification signs of a prototype design shall conform to the criteria for wall and ground signs.
(8)
Wall signs on all multi-tenant commercial buildings shall be comprised of channel lettering only, which are consistent in size and style, except in the Turner Junction Historic District. Box signs shall be prohibited.
(9)
Neon tubing around the perimeter of a window or other opening, visible from the property boundary shall be prohibited.
(10)
The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
(J)
Maintenance and upkeep.
(1)
In general, maintenance and upkeep are required for all the parts and objects that compose the city's image. Lawns and plantings require considerably more periodic attention than do buildings; nonetheless, both require maintenance to retain a good appearance. Improper and inadequate maintenance decreases value that results in bad appearance. Continued good appearance depends upon the extent and quality of the maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.
(2)
Particular considerations.
a.
Site.
1.
Landscape materials, other than plantings, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced.
2.
Plant materials that have deteriorated or died shall be replaced with healthy plantings, or the area redesigned with other treatment to provide an attractive appearance.
3.
Plantings should be kept watered, fed, cultivated, and pruned as to give a healthy and well groomed appearance during all seasons.
4.
Parking areas should be kept in good repair, free of hazards, properly marked, and clear of litter and debris.
5.
Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season in accordance with the International Property Maintenance Code, as amended.
b.
Buildings and appurtenances.
1.
Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse.
2.
Buildings and appurtenances, including signs, shall be cleaned and painted or repaired as required to present a neat appearance.
3.
Deteriorated, worn or damaged portions shall be rebuilt or replaced.
4.
Building and sign illuminated elements shall be replaced as required to maintain the effect for which designed.
5.
Window coverings such as blinds, curtains and tinting may be utilized, but shall not render more than fifty (50) percent of each window pane opaque or prohibit visibility through the window except during times when the screening of direct sunlight is necessary. Window coverings shall be kept in good repair, replaced if they become faded or deteriorated and shall be kept clean to present a neat appearance.
c.
Public areas in or adjoining the development.
1.
Parkway planting areas shall be maintained by the adjacent property owner or tenant in order to add to the aesthetic enhancement of the private property and the overall attractiveness of the streetscape.
2.
Sidewalks, curbs and gutters, roadside berms and other public improvements in the public right-of-way shall be repaired and maintained as necessary.
3.
Refuse containers of an aesthetically satisfactory design and color shall be placed in locations that will encourage their use and shall be cleaned regularly, to avoid littering of waste materials.
4.
Street hardware shall be erected and secured properly, and shall be cleaned or painted regularly to present an orderly appearance. Signs shall be treated similarly.
(K)
Factors for evaluation - The following factors and characteristics which affect the appearance of a development, based on the criteria outlined in subsections (C) through (J) above, will govern the staff's evaluation of a design submission:
(1)
Conformance to ordinances;
(2)
Logic of design;
(3)
Exterior space utilization;
(4)
Architectural character;
(5)
Attractiveness;
(6)
Material selection;
(7)
Harmony and compatibility;
(8)
Circulation - vehicular and pedestrian; and
(9)
Maintenance aspects.
(L)
Administration.
(1)
An applicant for development approval shall submit a site plan, exterior elevations, and such other data deemed necessary by the community development department to evaluate a proposed architectural design and development layout.
(2)
Final plans and elevations shall be drawn to scale and shall indicate the nature and extent of the work proposed.
(3)
The review of architecture and site plans provided for in this section is intended to be only a part of the whole review procedure established in these regulations. Approval of architectural design does not in any way signify final approval of any portion of the project.
(M)
Definitions.
(1)
Appearance. The outward aspect visible to the public.
(2)
Appropriate. Sympathetic, or fitting, to the context of the site and the whole community.
(3)
Appurtenances. The visible, functional objects accessory to and part of buildings.
(4)
Architectural character. The composite or aggregate of the characteristics of structure, form, materials and function of a building, group of buildings, or other architectural composition.
(5)
Architectural concept. The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.
(6)
Architectural feature. A prominent or significant part or element of a building, structure or site.
(7)
Architectural style. The characteristic form and detail, as of buildings of a particular historic period.
(8)
Attractive. Having qualities that arouse interest and pleasure in the observer.
(9)
City. The City of West Chicago.
(10)
Code. The Code of Ordinances for the City of West Chicago.
(11)
Cohesiveness. Unity of composition between design elements of a building, or a group of buildings and the landscape development.
(12)
Compatibility. Harmony in the appearance of two (2) or more buildings, structures, and landscape developments in the same vicinity.
(13)
Continuity. Unity of composition between design elements of a building, group of buildings, and the landscape development.
(14)
Decorative screen. A wall or fence intended to partially or entirely cut off visibility to the area behind it.
(15)
Design. The fit or form and function to a site or object of utility.
(16)
Exterior building component. An essential and visible part of the exterior of a building.
(17)
External design feature. The general arrangement of any portion of a building, sign, landscaping, or structure and including the kind, color and texture of the materials of such portion, and the types of roof, windows, doors, lights attached or ground signs, or other fixtures appurtenant to such portions as will be open to public view from any street, place or way.
(18)
Graphic element. A letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.
(19)
Harmony. A quality which produces an aesthetically pleasing whole as in an arrangement of varied architectural and landscape elements.
(20)
Landscape. Elements of nature, topography, buildings, and other manmade objects combined in relation to one another.
(21)
Logic of design. Accepted principles and criteria of validity in the solution of the problem of design.
(22)
Mechanical equipment. Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning and similar purposes.
(23)
Miscellaneous and accessory structures. Structures, other than buildings, visible from public ways. Examples include, but are not limited to, memorials, antennas, water tanks and towers, sheds, shelters, fences and walls, kennels, transformers, and drive-up facilities.
(24)
Paved areas. Roads, parking areas, terraces, plazas, patios and walkways.
(25)
Plant materials. Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.
(26)
Proportion. Balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.
(27)
Scale. Harmonious relationship of the size of parts to one another and the human figure.
(28)
Screening. Structure or planting which conceals from view from public ways the areas behind such structure or planting.
(29)
Site break. A structural or landscape device to interrupt long vistas and create visual interest in a site development.
(30)
Street hardware. Objects other than buildings, structures, and buildings. Examples include, but are not limited to, lamp posts, utility poles, traffic lights, traffic signs, benches, refuse containers, planting containers, letter boxes and fire hydrants.
(31)
Streetscape. The scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.
(32)
Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground.
(33)
Utilitarian structure. A structure or enclosure relating to mechanical or electrical services to a building or development.
(34)
Utility hardware. Devices such as poles, crossarms, transformers and vaults, gas pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or project.
(35)
Utility service. Any device, including wire, pipe, and conduit, which carries gas, water, electricity, oil, and communications into a building or development.
(N)
Appeals. An applicant may request a waiver from the strict adherence to these guidelines by filing an application with the community development department for city council consideration. Strict adherence to these guidelines may not be waived due to financial hardship, but may be waived in circumstances where the applicant demonstrates that the proposed project provides a high quality cohesive design and style, including architectural design, construction material, landscaping, signage and site layout.
(Ord. No. 04-O-0045, § 2, 5-17-2004; Ord. No. 05-O-0003, § 1(Exh. B), 1-17-2005; Ord. No. 11-O-0012, §§ 2—4, 5-16-2011; Ord. No. 20-O-0003, §§ 1, 2, 4-6-2020; Ord. No. 24-O-0009, §§ 1—3, 3-18-2024)
(A)
Purpose. The purpose of these standards is to establish general guidelines for the placement of above ground service facilities. The goal of these standards is to encourage the location of above ground service facilities in non-residential areas and minimize the total number of above ground service facilities throughout the community; to encourage service providers to locate above ground service facilities, to the greatest extent possible, in areas where the adverse impact on the community is minimal; to encourage service providers to configure above ground service facilities in a manner that minimizes the adverse visual impact; and to enhance the ability of the service providers to provide such utility services to the community quickly, efficiently and effectively.
(B)
Applicability. No above ground service facility shall be erected or installed except in compliance with the provisions of these regulations. Above ground service facilities located on property owned, leased or otherwise controlled by the city may be exempt from the requirements of this article provided a lease, franchise agreement entered into after adoption of this ordinance, or license authorizing such above ground service facilities has been approved by city council. Where conflicts exist between these regulations and the remainder of the zoning ordinance, the provisions of these regulations shall govern.
(C)
Performance standards.
(1)
For purposes of determining whether the installation of an above ground service facility complies with district bulk regulations, including but not limited to setback and lot requirements, the dimensions of the entire zoning lot shall control, even though the above ground service facility may be located on leased property within such zoning lot(s).
(2)
Only one (1) above ground service facility shall be located on any one (1) zoning lot.
(3)
An above ground service facility shall not be located within a two hundred fifty-foot radius of an existing or approved above ground service facility location, unless:
(a)
No other site or current technology could be used to provide the intended services to the residents and businesses of the city; and
(b)
The prohibited use of the proposed site would create a gap in providing the intended services to the residents of the city.
(4)
No visible or audible signals, lights, or illumination shall be permitted on or from an above ground service facility. Above ground service facilities shall be of earth tone colors and be maintained in good condition including, but not limited to, being free of peeling paint and graffiti.
(5)
No signs, advertising, or information shall be allowed on any above ground service facility, other than a plaque a maximum of four (4) inches by six (6) inches identifying the service provider and contact information.
(6)
Above ground service facilities that are included as part of a building or structure shall be constructed of or screened with material(s) which substantially match or compliment the material(s) and color(s) of the exterior of the building or structure and shall be located or screened so as not to be visible from any adjacent property and/or right-of-way.
(7)
Above ground service facilities that are not included as part of a building or structure shall be one hundred (100) percent screened on a year round basis from adjacent property and public right-of-way with landscape plant material(s). The height of the plant material(s) shall be at least equal the height of the above ground service facility at time of planting. Above ground service facilities located on wooded lots containing a one hundred (100) percent landscape screen of natural growth around the above ground service facility may be a sufficient screen. Any landscaping utilized to satisfy the screening requirements of this subsection shall be maintenance responsibility of the service provider.
(8)
In the event the use of any above ground service facility has been discontinued for a period of one hundred and eighty (180) consecutive days, the above ground service facility shall be deemed to be abandoned. The city shall have the right to request documentation and/or affidavits from the service provider regarding the issue of the above ground service facility's use in determining the date of abandonment. Upon the city's determination and written notification to the service provider of such abandonment, the service provider shall have an additional thirty (30) days within which to: 1) reactivate the actual use of the above ground service facility or transfer the above ground service facility to another service provider who makes actual use of the above ground service facility, or 2) dismantle and remove the above ground service facility, and notify the city in writing of the completion of such removal. At the earlier date of either two hundred and seventy (270) days from the date of discontinuance without reactivation or upon completion of dismantling and removal, any zoning approval for the above ground service facility shall automatically expire without further action by the city.
(9)
Mobile or immobile equipment not used in direct support of an above ground service facility shall not be stored or parked on the site of an above ground service facility unless and while repairs to such facility are being made. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to satisfy applicable state and city performance standards. Testing and maintenance of generators shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
(10)
Above ground service facilities installed in all residential and business zoning districts and the Office, Research and Light Industrial Zoning District shall be:
(a)
Prohibited in the required front yard and required corner side yards.
(b)
Prohibited in any critical sight lines at visibility triangles, as measured thirty (30) feet from the point of intersection of any two (2) rights-of-way, driveways, site access points, parking aisles, and public and private alleys, including any required landscape screening.
(c)
Located at least five (5) feet from a rear lot line and three (3) feet from an interior side lot line.
(d)
Located at least ten (10) feet from any existing principal or accessory structure.
(11)
Above ground service facilities installed in the Manufacturing Zoning District shall be:
(a)
Located at least five (5) feet from a front lot line, corner side lot line and rear lot line.
(b)
Located at least three (3) feet from an interior side lot line.
(D)
Factors considered in granting special use permits. In addition to the performance standards identified in subsection (C), the following factors shall be considered in determining whether to recommend or issue a special use permit:
(1)
The size of proposed above ground service facility.
(2)
The proximity of an above ground service facility proposed on a non-residential lot to any residential zoning district boundaries.
(3)
The nature and intensity of the uses on the lot and the uses located on any adjacent or nearby properties.
(4)
The topography of the lot and surrounding areas.
(5)
The surrounding tree coverage and existing landscaping.
(6)
The design of the above ground service facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual, audible, or luminary obtrusiveness.
(Ord. No. 07-O-0024, § 3, 3-19-2007)