a.

Incidental Accessory Structures. Accessory uses such as the following are considered incidental accessory structures and are authorized in all districts. These incidental accessory structures do not require Improvement Location Permits prior to construction:

(1)

Bird baths and bird houses.

(2)

Curbs.

(3)

Fences under one (1) foot.

(4)

Lamp posts.

(5)

Name plates.

(6)

Public utility installations for local service (such as poles, lines, hydrants, and telephone booths).

(7)

Trees, shrubs, plants, and flowers.

(8)

Walks.

(9)

Decks, porches, or patios less than eighteen (18) inches off the ground.

(10)

Accessory buildings or garages less than one hundred (100) square feet in area.

(11)

Storage sheds less than one hundred (100) square feet in area.

b.

The following accessory structures are permitted in all zoning districts and require an application for an ILP certifying that all applicable property development standards and requirements of the ordinance have been met.

(1)

Accessory buildings over one hundred (100) square feet in area.

(2)

Garages over one hundred (100) square feet in area.

(3)

Carports.

(4)

Enclosed patios.

(5)

Bath houses.

(6)

Gazebos.

(7)

Cabanas.

(8)

Fences over one (1) foot.

(9)

Green houses.

(10)

Storage sheds larger than one hundred (100) square feet in area.

(11)

Driveways.

(12)

Parking spaces.

(13)

Retaining walls.

(14)

Decks, porches, or patios greater than eighteen (18) inches off the ground.

(15)

Antennas and amateur radio towers over thirty (30) feet in height measured from the ground.

c.

Any accessory structure may not be erected before the construction of principal structures.

d.

All accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards, unless otherwise noted in the Ordinance.

(1)

Accessory structures shall meet all setback requirements of the zoning district.

(2)

Accessory structures shall not encroach on any platted easements.

e.

The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

f.

Accessory Dwelling Units. Accessory Dwelling Units are not permitted within any zoning district within the City.

The following temporary uses shall be permitted in all zoning districts subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs or properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

a.

Construction Buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

b.

Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

c.

Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

d.

Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1)

Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30) consecutive day increments upon review by the Zoning Administrator.

(2)

Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

(3)

The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

(4)

Public address systems shall not be used in areas of concentrated residential development.

(5)

Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

(6)

Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

A Small Wind Energy Conversion System shall be a special exception use and shall abide by the provisions of this section. These regulations governing Small Wind Energy Conversion Systems (WECS) are established to provide for appropriate locations for wind energy conversion systems, to ensure compatibility with surrounding uses, and to promote safe, effective, and efficient use of wind energy conversion systems to increase opportunities for generation of renewable energy.

a.

Small Tower Standards.

(1)

[Permitted.] These facilities may be permitted as a principal use or an accessory use on a parcel of at least one (1) acre.

(2)

Tower Type. Towers shall be of a monopole design. The Plan Commission may consider the substitution of alternative tower types in cases where structural and design considerations and location suggest a tower other than a monopole.

(3)

Setback. The system shall be set back from property lines, overhead utility or transmission lines, other electrical substations, meteorological towers, primary communication towers, and all roads at least a distance equal to its total height (measured to the top of the blade in vertical position) and shall meet the applicable setback requirements of the zone district. No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to the property boundary. If the system requires to be within thirty (30) feet of the property boundary due to site constraints or optimal wind current in residential, commercial, or industrial districts, a development review shall be required by the Plan Commission. The Plan Commission shall waive any fees for the development plan review specifically for this purpose unless otherwise required in the district in which the wind energy conversion system is located.

(4)

Access. Public access to the wind turbines shall be restricted through the use of a fence with locked gates, non-climbable towers, or other suitable measures.

(5)

Interconnection. No small WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS and utility company shall adhere to the National Electrical Code.

(6)

Signs. All signs, other than the manufacturer's or installer's identification, "No Trespassing" signs posted with a telephone number of who to contact in the event of an emergency, or owner identification on a wind generator, tower, building, or other structure associated with a small WECS visible from any public road shall be prohibited.

(7)

Height. Height of a small WECS shall not exceed sixty (60) feet, calculated as the distance from the ground to the top of the blade in vertical position.

(8)

Halting Operation. All small WECS shall be equipped with a manual and automatic braking device to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

(9)

Clearance. Minimum clearance between blade tip and ground level is thirty (30) feet.

(10)

Electrical Wires. All ground-mounted electrical wires associated with a small WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires; shall be located underground.

(11)

Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).

(12)

Noise. All small WECS shall be located so that the level of noise produced by the wind turbine operation heard off-site shall not exceed 55 dBA.

(13)

Appearance. The wind tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the Federal Communications Commission (FCC) or FAA.

(14)

Code Compliance. A small WECS including the tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code.

b.

Rooftop Standards.

(1)

Tower Type. Rooftop WECS shall be considered permitted accessory structures within all districts provided they comply with the height limits and setbacks established in this section. A rooftop energy conversion system shall consist of a wind turbine(s) and associated equipment for converting wind energy to power.

(2)

Setback. The system shall be set back at least twenty (20) feet from the front building line, or in the case of corner lots, at least fifteen (15) feet from the front and side building line.

(3)

Interconnection. No small WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS and utility company shall adhere to the National Electrical Code.

(4)

Height. Height of a rooftop energy conversion system shall not exceed ten (10) feet above the roof or top of the parapet, whichever is greater.

(5)

Halting Operation. All rooftop energy conversion systems shall be equipped with a manual and automatic braking device to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

(6)

Electrical Wires. All ground-mounted electrical wires associated with a rooftop WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

(7)

Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the FAA.

(8)

Noise. All rooftop WECS shall be located so that the level of noise produced by the wind turbine operation heard off-site shall not exceed 55 dBA.

(9)

Appearance. The wind tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the FCC or FAA.

(10)

Code Compliance. A rooftop WECS including the tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code.

c.

Non-Operational Wind Energy Conversion Systems. A condition of the special exception shall be that non-operational WECS (pole or rooftop) shall be removed.

(1)

A WECS that is out of service for a continuous twelve (12) month period will be deemed to have been abandoned. The Zoning Administrator shall issue a Notice of Abandonment to the owner of a wind energy conservation system that is deemed to have been abandoned.

(2)

If the WECS is determined abandoned, the owner of the WECS shall remove the wind generator from the tower at the owner's expense within three (3) months of receipt of Notice of Abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Administrator shall pursue legal action to have the wind generator removed at the owner's expense per Section 9.7.

d.

Site Plan Requirements. In addition to the requirements for a special exception application, the following shall be required to be included in the site plan for both small and rooftop WECS.

(1)

Location of proposed wind system.

(2)

Wind system specifications, including but not limited to, manufacturer, model, rotor diameter, tower height, and tower type (freestanding or guyed).

(3)

Tower foundation blueprints or drawings.

(4)

Tower blueprint or drawing.

a.

Large Satellite Television Dish. A satellite television dish which measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations:

(1)

General. Large satellite television dishes must be installed and maintained in compliance with all applicable building and electrical codes as the same exist or are hereafter amended and shall require an improvement location permit be issued prior to installation.

(2)

Setbacks. In all zones subject to the provisions contained herein, a large satellite television dish shall be located only in the rear yard of any lot.

(3)

Aesthetic. Large satellite television dishes shall be finished in a non-garish, non-reflective color and surface which shall blend into its surroundings. In the case of a parabolic or spherical dish, said dish shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the large satellite television dish.

(4)

Size and Height. Maximum size for a ground-mounted parabolic, spherical or dish shall be twelve (12) feet in diameter. No ground-mounted dish shall be greater than fifteen (15) feet in height unless otherwise approved for waiver as herein provided. The height of roof-mounted large satellite television dishes shall not exceed the lesser of the height of the dish when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the dish or the height limitation provided by the Zoning Ordinance.

(5)

Number. Only one large satellite television dish shall be permitted on any residential lot or parcel of land. In no case shall a large satellite television dish be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire dish on the property in order to circumvent the intentions of this section.

b.

DBS Satellite Dish. A satellite television dish which is one meter in width or less shall comply with the following regulations:

(1)

Approval Requirements. DBS satellite dishes shall be subject to the following approvals:

i.

The City of Whiting regulates DBS satellite dishes to ensure the safety and welfare of residents on the installation and operation of the equipment as well as the protection of community character where applicable. These regulations shall not interfere with installation and operations under the Telecommunications Act of 1996 but shall regulate safety and character where applicable.

ii.

DBS satellite dishes are a permitted use and no architectural design review shall be required unless located within a historic district as designated by the City of Whiting.

iii.

No improvement location permit is required for a DBS satellite dish although informal notification through email, written or verbal communications is required to the Zoning Administrator prior to the installation of any DBS satellite dish. The communications shall include the address, whether an existing dish(s) is located on the property and the approximate location of the installation on the property.

iv.

Every DBS satellite dish, whether temporary or permanent, shall be subject to the review and approval of the Building Official where required by the Building Code.

(2)

Development Standards. Every DBS satellite dish shall be located, designed, constructed, treated, and maintained in accordance with the standards set forth in this section.

(3)

Installation and Safety Requirements.

i.

Every DBS satellite dish shall be installed and maintained in compliance with Section 5.4-02. Whenever it is necessary to install a DBS satellite dish near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower, and secured in a direction away from the hazard. DBS satellite dish transmission lines must be kept at least twenty-four (24) inches clear of utility lines.

ii.

Every DBS satellite dish shall be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire of the type approved by applicable electrical codes.

(4)

Location.

i.

No portion of any DBS satellite dish shall extend beyond any lot lines of the subject site.

ii.

DBS satellite dishes should be mounted in a manner to reduce or eliminate visibility from the street. The Zoning Administrator must be notified if functionality of the dish requires a more visible mounting location.

iii.

All ground-mounted DBS satellite dishes shall be considered to be accessory buildings and shall conform to the setback requirement for such buildings for the respective zone in which said DBS antenna is located and should be located in the rear or side yard. DBS satellite dishes mounted to the ground or on accessory structures shall not exceed sixteen (16) feet in height above the grade.

(5)

Height. A building-mounted DBS satellite dish may not exceed a height of twelve (12) feet above the tallest roofline of the building.

(6)

Screening and Aesthetics. DBS satellite dishes shall not be composed of materials that are excessively bright, shiny, garish, or reflective. DBS satellite dishes shall only be a neutral color.

(7)

Number and Common DBS Satellite Dishes.

i.

Only one (1) DBS satellite dish may be installed for each dwelling unit on a parcel of property. If a new DBS satellite dish is being installed as a replacement, the existing dish must be properly removed before a new dish can be installed.

ii.

For dwelling units where a common DBS satellite dish has been installed for access by all occupants or members by either the building owner or homeowners association to serve multiple dwelling units, individual dwelling units MAY NOT install their own DBS Satellite Dish.

iii.

If a common DBS satellite dish has been installed after installation of individual DBS satellite dish and is made available to the owner of the individual DBS satellite dish, the individual DBS satellite dish must be removed.

c.

Amateur Radio Antennas. Approval of an amateur radio antenna which measures greater than one meter or 1.1 yards in diameter, or an antenna that is mounted on a mast greater than twelve (12) feet in height if mounted on the principal building or other structures on the property, exclusive of chimneys and other roof top structures on the property which conform to the height limit of the applicable zone, or exceed the height limit of the applicable zone if mounted on the ground or on an accessory structure on the property shall be governed by this Ordinance.

(1)

General. Amateur radio antennas must be installed and maintained in compliance with applicable building and electrical codes, as the same exist or are hereafter amended and shall require an improvement location permit be issued prior to installation.

(2)

FCC License. The applicant must supply current FCC station and operator's licenses for the facility in which an application is made.

(3)

Environmental Assessment and Technical Criteria. The applicant shall supply any environmental assessment required under 47 CFR § 97.13 as well as any technical criteria required for the operation of the facility.

(4)

Location. Amateur radio antennas may be ground- or roof-mounted, however, these devices shall:

i.

Be located and constructed in such a manner as to reasonably ensure, in its fully-extended position, it will not fall in or onto adjoining properties.

ii.

Not be located within any required setback area.

iii.

Be retracted in inclement weather posing a hazard to the antenna.

(5)

Height. The height of a ground-mounted tower or roof-top antenna may not exceed the greater of the height limit applicable to the zone or sixty-five (65) feet when extended by a telescoping or crank-up mechanism unless an applicant obtains a waiver for Technological Impracticality. Telescoping towers may exceed the height limits established by section b. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver for Technological Impracticality has been granted.

(6)

Antennas on Non-Conforming Structures. Antennas located on a nonconforming structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus twelve (12) feet.

(7)

Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.

(8)

Screening, Landscaping. Amateur radio towers shall be screened by a fence, wall, or hedge six (6) feet in height, that reasonably screens the tower and shall be maintained in good condition.

(9)

Signs Prohibited. No signs shall be placed or posted on amateur radio towers.

d.

Technological Impracticality—Request for Waiver. In the event the strict application of the provisions of this Zoning Code would make it impossible for the owner of a large satellite television dish of greater than one meter to receive a usable satellite signal, make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or right, or in the event the property owner or licensed holder believes alternatives exist that are less burdensome to adjacent property owners, the owner or licensee contact the Zoning Administrator for a waiver from these provisions. The Zoning Administrator may grant such a waiver upon findings that either:

(1)

Actual compliance with the existing provisions of the City's Zoning Ordinance would prevent the large satellite television dish from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communication Commission (FCC) by license, law or FCC regulation;

(2)

The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a large satellite television dish or to exercise the rights granted pursuant to a valid FCC license, law, or FCC regulation.

(3)

Less Burdensome Alternatives. The Zoning Administrator is also authorized to consider the request of adjacent property owners for waivers consistent with the provisions of paragraph (F)(1) of this section without the requirement of a finding a usable satellite signal cannot be acquired when the applicant's adjacent property owner(s) establish the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this Ordinance. For example, adjacent property owners may request alternative additional screening or the relocation of the antenna on the licensee's property. The Zoning Administrator shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna or dish, its location and screening that do not impair the rights granted by the FCC to the licensee.

(4)

The process shall be interactive in which the Zoning Administrator works with the licensee to craft conditions that place the minimum burden on adjacent property owners while permitting the owner of the large satellite television dish or holder of an amateur radio license to exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions consistent with the intent of the City Council that a waiver be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communication Commission license while preserving the aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues have been pre-empted by federal law and shall not be considered by the Zoning Administrator. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter pre-empted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna.

(5)

The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be same provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license.

e.

Maintenance.

(1)

All equipment shall be maintained in good condition and in accordance with all requirements of this section.

(2)

The equipment shall meet all manufacturers' specifications, and shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips, or similar type equipment subject to rust or corrosion shall be protected with a suitable coating to guard against rust and corrosion.

(3)

All equipment shall be subject to periodic re-inspection. No additions, changes, or modifications shall be made to equipment, unless the addition, change or modification is in conformity with this section.