The purpose of this Article is to set forth additional requirements for certain uses of land. These standards are intended to ensure that the use is compatible with the surrounding area.

No structure or premises shall be used or occupied except in conformity with the regulations for the zoning district in which it is located. No structure shall be erected, reconstructed, extended, enlarged, altered or moved except in conformity with the regulations of the zoning district in which it is located.

In addition to the use standards below, all uses are required to comply with all provisions of this Ordinance including, but not limited to, Article 19 (Off-Site Development Standards), Article 20 (Off-Street Parking and Loading), Article 20 (Landscaping and Screening), and Article 22 (Signs), and all other County regulations.

15.3.1 Accessory Living Quarters.

A.

The principal dwelling or the accessory living quarter must be occupied by the owner(s) of the subject property as the owner(s) principal place of residence for at least six (6) months of the year.

B.

Accessory living quarters may only be created through the following methods:

1.

Converting existing living area, attic or basement space, or garage.

2.

Adding floor area to the principal structure in conformance with district regulations.

3.

Constructing a detached accessory living quarters on a site where there is an existing principal structure.

C.

Accessory living quarters cannot be divided from the property ownership of the principal dwelling.

D.

Only one (1) unit of accessory living quarters is allowed.

E.

The total number of residents in a unit of accessory living quarters may not exceed occupancy code restrictions.

F.

No additional parking is required for an accessory living quarters provided adequate parking is available. Required parking for the principal structure must be maintained.

G.

Detached accessory living quarters must be subordinate to the principal structure as well as meet H. A minimum separation of ten (10) feet is required between a principal structure and detached accessory living quarters unless walls are constructed in compliance with building and fire codes. The maximum height allowed for a detached accessory living quarters is twenty (20) feet or the height of the principal structure, whichever is less. Detached accessory living quarters must be in compliance with all applicable codes and ordinances, including Sections 18.3.1. and 18.4.

H.

Accessory living quarters must have a minimum floor area of three hundred (300) square feet and cannot exceed nine hundred (900) square feet.

I.

The principal structure on the lot must maintain a single-family appearance with a single, common front entrance on the principal structure shared by the principal dwelling and the accessory living quarters.

J.

One address shall be utilized by all parties onsite.

K.

No cooking facilities (i.e. stove) are permitted within accessory living quarters.

15.3.2 Adult Use.

A.

No adult use shall be located within one thousand (1,000) feet of any other adult use or any residential district, primary or secondary educational facility, day care center, or place of worship.

B.

The adult use shall be so designed, located and operated so that the public health, safety, and welfare will be protected.

C.

The adult use shall not cause substantial injury to the value of other property in the neighborhood in which it is located.

D.

The adult use shall not unduly increase traffic congestion in the public streets and highways in the area in which it is located.

E.

The adult use shall not cause additional public expense for fire or police protection.

F.

No adult use shall be conducted in any manner that publicly displays any material depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." This provision applies to any display, decoration, sign, show window or other opening.

15.3.3 Animal Hospital, Kennel, Pet "Day Care" Service.

A. Any exterior enclosures and runs shall provide protection against weather extremes. Floors of runs shall be made of impervious material to permit proper cleaning and disinfecting.

B. All animal quarters and runs are to be kept in a clean, dry and sanitary condition.

C. Fencing surrounding any exercise areas and/or runs shall be of a sufficient height to prevent escape and shall be buried as part of installation to prevent escape by digging beneath the fence posts.

D. Noise shall be mitigated so as not to create a public nuisance for adjoining properties and shall comply with all local noise regulations. This shall exclude noise from exercise or training while outdoors during the daytime.

15.3.4 Bed and Breakfast.

A.

A bed and breakfast must be owner-occupied.

B.

Breakfast must be the only meal served and included in the charge for the room.

C.

A bed and breakfast must be designed originally as a single-family residence and must maintain such character.

15.3.5 Car Wash.

A.

A car wash site must be a minimum of ten thousand (10,000) square feet.

B.

The site of the use must be paved to drain away from adjoining properties.

C.

Lighting provided for the site must be directed away from adjacent properties.

15.3.6 Community Residence.

A.

Community residences shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements.

B.

The location, design and operation of the facility will not alter the residential character of the neighborhood.

C.

The facility shall retain a residential character, which shall be compatible with the surrounding neighborhood.

D.

The operation of the facility shall not adversely impact surrounding properties.

15.3.7 Concentrated Animal Feeding Operation (CAFO). All Concentrated Animal Feeding Operations shall comply with Illinois State Statutes and Regulations regarding operation.

15.3.8 Contractor Shop, Landscape and Tree Service Business.

A.

Contractor shop, landscape and tree service business shall store or park all material, equipment, and vehicles, excluding motor vehicles requiring periodic registration and used on an ongoing regular basis, within a completely enclosed building that meets all of the requirements of the county building code. However, motor vehicles parked outdoors associated with the use herein may be further limited by special use, if applicable, and if the use herein is located in the Agricultural Districts it is limited to a maximum of three commercial motor vehicles parked outdoors that are associated with the business.

B.

Any outdoor storage is considered a separate use and must be listed as a permitted or special use within the district, and is subject to all additional standards and approvals for such use.

15.3.9 Day Care Center, Child or Adult.

A.

Day care centers shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements.

B.

Adequate on-site drop-off zones, sidewalks and exterior lighting shall be provided.

C.

The amount of traffic or noise to be generated shall not be excessive.

D.

Adequate open space and recreational areas shall be provided.

15.3.10 Day Care Home, Child or Adult.

A.

Day care homes shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements.

B.

The amount of traffic or noise to be generated shall not be excessive.

C.

Adequate open space and recreational areas for child day care homes shall be provided.

D.

The day care home shall retain a residential character and the effect of the day care home shall not alter the residential character of the neighborhood.

E.

The operation of the day care home shall not adversely impact surrounding properties.

15.3.11 Drive-Through Facility. A drive-through facility is considered a separate use, rather than accessory to the principal use, and requires separate approval. Drive-through facilities are subject to the following standards:

A.

All drive-through facilities shall provide adequate stacking spaces, in accordance with Article 23 (Off-Street Parking and Loading).

B.

All drive-through lanes must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

C.

No exterior lighting shall produce a glare into, or upon, the surrounding area or any residential premises. All drive-through facilities shall be properly screened, in accordance with Article 20 (Landscaping and Screening Requirements), to prevent glare from vehicles passing through service lanes.

D.

Drive aisles shall be separated from landscaped areas by a six (6) inch curb.

E.

The volume on all intercom menu displays shall be maintained at a level so as not to be audible in adjoining residential districts. The volume on all intercom menu displays shall comply with all local noise regulations.

F.

The operator of the drive-through facility shall provide adequate on-site outdoor waste receptacles and shall provide daily litter clean-up of the facility and along the rights-of-way abutting the property.

15.3.12 Dwelling, Multi-Family.

A.

Facades should be designed with a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials or colors in the entire structure.

B.

Windows and doors should have raised elements to create shadow and articulation. In addition, three-dimensional elements, such as balconies and bay windows, should be incorporated to provide dimensional elements on a facade. Windows should be set back ("punched") into or projected out from the facade to provide facade depth and shadow.

C.

Roof forms should be articulated so that varied planes and massing within the overall roof are provided. Large, monotonous, simple pitched roofs, without breaks in the expanse of the roof, are prohibited. Dormers and gables can be used to break up large expanses of roof area. For flat roofs, cornices and parapets should be used to add variety and break up the roofline. Rooflines should be modulated at minimum every seventy-five (75) feet through the use of varied roof heights.

D.

There shall be a minimum separation of ten (10) feet between sidewalls among rows of multi-family developments. Where a front or rear wall faces the front or rear wall, the minimum required separation between such buildings shall be a minimum of thirty (30) feet, unless further restricted elsewhere in code. Driveways and parking areas may be located within this minimum separation area. The minimum separation at the ground-floor may be reduced to twenty (20) feet for interior drives with garage doors facing garage doors that are not visible from the public right-of-way, provided that the upper-story living spaces comply with the separation requirements.

E.

Large, flat facades should be avoided, which can be accomplished by articulating the building mass to create substantial shadows and visual interest. Windows, projected entrances and overhangs should be included on the street facing facade to add variety and maintain a pedestrian-scale. When the sidewalls of multi-family or townhouse development face a street, building facades must be designed with elements of a front facade, including doors and/or windows.

15.3.13 Gas Station.

A.

Gas station canopies shall be designed with lighting recessed under the canopy to minimize light pollution.

B.

All gas station driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

C.

Gas stations include retail sales that offer convenience items for sale.

D.

Gas stations may also include an automatic car wash with one (1) bay. Stacking spaces shall be in accordance with Article 23 (Off-Street Parking and Loading).

E.

In addition, gas stations may be included accessory to a "Motor Vehicle Repair and Service Shop." However, they shall be subject to the provisions of this section and the standards of Paragraph 15.3.17 (Motor Vehicle Repair and Service) below.

F.

A canopy shall not be subject to the required yard requirements, however, a minimum five (5) foot setback shall be provided from any lot line. The building must meet the required yard requirements of the district.

15.3.14 Junkyard and Wrecking Yard.

A.

Along the interior side and rear yards, there shall be a fifty (50) foot buffer from the lot line around the side and rear of the property. No structures, storage or internal roadway may be placed within the buffer area.

B.

There shall be a thirty (30) foot setback from the lot line at any lot line adjacent to a right-of-way. The required thirty (30) foot setback shall be preserved as permeable landscape areas, allowing only for curb cuts or driveways.

C.

A solid fence, made out of a material specifically for the purpose of fencing, surrounding the site is required and shall be a minimum of six (6) feet in height and a maximum of eight (8) feet, and have a uniform height above grade along its entire length. The fence shall be of uniform design and construction materials, color, and decorative pattern. The fence shall completely enclose all areas where material is stored. A vegetative berm in conjunction with a four (4) foot solid fence is permitted in place of a solid fence so long as a minimum height of six (6) feet is maintained.

D.

All driveways from the street to twenty (20) feet inside the fenced enclosure shall be covered by a hard surface, such as concrete or asphalt.

E.

No material shall be stacked higher than the height of the fence.

F.

No offensive materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by normal, natural causes or forces (i.e., rain, wind). No substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source water supply or recreation shall be deposited upon a lot in such form or manner that it may be transferred off the lot by normal, natural causes or forces.

G.

All materials or wastes that may cause fumes or dust, constitute a fire hazard, or be edible or otherwise attractive to rodents and insects shall be stored outdoors unless enclosed in containers that are able to eliminate such hazards.

15.3.15 Medical Cannabis Dispensing Organization.

A.

In accordance with state law, medical cannabis dispensing organizations must comply with the required spacing and location requirements. Any subsequent amendment to state law that is more restrictive that this standard will control.

1.

A licensed medical marijuana dispensary may not be located within 1,000 feet of a pre-existing educational facility - primary or secondary and/or day care center.

2.

A licensed medical marijuana dispensary may not be located in a residential dwelling or within a residential district.

B.

An operation plan must be submitted, which includes the security measures to be provided, the days and hours of operation, and a site plan that describes exterior lighting and parking capacity.

15.3.16 Medical Cannabis Cultivation Center.

A.

In accordance with state law, medical cannabis dispensing organizations must comply with the required facility design and spacing requirements. Any subsequent amendment to state law that is more restrictive that this standard will control.

1.

A licensed medical cannabis cultivation center must be located within an enclosed, locked facility, defined as a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.

2.

A licensed medical cannabis cultivation center may not be located within 2,500 feet of a pre-existing educational facility - primary or secondary, day care center, day care home, or a residential district.

B.

An operation plan must be submitted, which includes the security measures to be provided, the days and hours of operation, and a site plan that describes exterior lighting and parking capacity.

15.3.17 Mining and Excavating.

A.

No open pit or shaft shall be nearer than two hundred (200) feet from any right-of-way or fifty (50) feet from any interior side and rear property line.

B.

All structures shall meet the minimum yard requirements of the district.

C.

The borders of the open pit or shaft shall be secured with a fence or wall at least eight (8) feet in height.

D.

A plan of development of the reclamation of the land shall be provided as part of the special use application.

E.

No blasting or other use of explosives is permitted unless specifically requested and authorized within the special use permit. Blasting must conform to the following standards:

1.

The use, handling and detonation of explosives shall be under the direct supervision of persons having the requisite licensing, experience and knowledge to safely conduct such operations.

2.

The storage of explosives shall be in accordance with all applicable federal and state laws and regulations, and shall be stored to meet the safety requirements of such laws and regulations.

3.

Blasting procedures shall be in accordance with modern techniques generally accepted in the mining and excavating industry so as to counteract and reduce the ground motion or earthborn vibration from successive detonations.

4.

Blasting procedures shall be subject to and comply with the applicable lawful requirements of the Illinois Pollution Control Board, Illinois Department of Mines and Minerals, Mine Enforcement and Safety Administration (MESA) of the United States Department of the Interior, and any other governmental agency having jurisdiction thereof.

5.

Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.

6.

The actual detonation of any blast shall be restricted to the local time period between 1:00 p.m. and 4:30 p.m., Monday through Saturday of each week. No blasting shall take place on Sunday or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

15.3.18 Motor Vehicle Dealership or Motor Vehicle Rental Establishment. Motor vehicle dealerships or rental establishments shall have a minimum lot size of twenty-five thousand (25,000) square feet. Any service and repair facilities on-site must also comply with the standards of Paragraph 15.3.18 (Motor Vehicle Service and Repair) below.

15.3.19 Motor Vehicle Operations Facility. All repair operations and service bays shall be fully enclosed.

15.3.20 Motor Vehicle Service and Repair.

A.

Motor vehicle service and repair shops may not park the same vehicles outdoors on the site for longer than seven (7) days. Vehicles on-site longer are considered in storage and subject to outdoor storage yard regulations. Such outdoor storage is considered a separate use and must be listed as a permitted or special use within the district, and is subject to all additional standards and approvals for such use.

B.

All driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

C.

All repair operations shall be fully enclosed. Wrecked or junked vehicles shall not be parked outdoors for longer time periods than those specified above and shall be screened from the public right-of-way and any adjacent residential districts.

D.

Motor vehicle service and repair shops may also include gas stations as an accessory use. All gas stations which are part of such an establishment must comply with all standards for a gas station.

15.3.21 Parking Lot.

A.

The off-street parking lot shall be solely for the parking of vehicles and shall not be used as an off-street loading area.

B.

No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on any off-street parking lot.

C.

No buildings other than those for shelter of attendants shall be erected upon any off-street parking lots. The allowable shelters shall not exceed ten (10) feet in height and fifty (50) square feet in area.

D.

The off-street parking lot shall be screened and landscaped in accordance with Article 20 (Landscaping and Screening).

E.

The off-street parking lot shall be kept free from refuse and debris. All landscape shall be maintained in a healthy growing condition, and be neat and orderly in appearance.

15.3.22 Outdoor Dining. Outdoor dining is considered a separate use, rather than accessory to the principal use, and shall be subject to the following standards:

A.

Outdoor dining shall not interfere with the pedestrian access or required parking spaces and aisles. Unless otherwise permitted by the County, outdoor dining areas shall be located only on private property.

15.3.23 Recycling Center.

A.

Recycling center activities shall be limited to collection, sorting, compacting and shipping.

B.

Materials collected shall not be visible from adjacent rights-of-way and shall be deposited in a bin, bunker or site obscuring corral when allowed by code. All sorting and collection bins shall either be enclosed and have chutes available to the public or be located inside a fully enclosed building.

15.3.24 Residential Care Facility.

A.

Residential care facilities include assisted living facilities, independent living facilities and nursing homes, including continuum of care facilities.

B.

Residential care facilities shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements.

C.

The location, design and operation of the facility shall be compatible with, and shall not adversely affect, adjacent properties and the surrounding area.

D.

If located within a residential district, the facility shall not alter the residential character of the neighborhood, and shall be harmonious with surrounding buildings, in respect to scale, architectural design and building placement.

E.

The surrounding street network shall be capable of accommodating the traffic generated by the facility.

15.3.25 Sawmill.

A.

Sawmills shall be located where the shipping and transport routes for trucks limit traffic on surrounding roads to those best suited to accommodate such traffic. All terms and requirements of the County Engineer shall be satisfied prior to the issuance of zoning and building permits for said use.

B.

Appropriate measures must be taken to mitigate fugitive saw dust.

C.

Appropriate measures must be taken to maintain reasonable noise levels.

15.3.26 Slaughterhouse.

A.

Slaughterhouses uses may dry render waste products, originating from within the site or from businesses within Winnebago County only.

B.

Slaughterhouse uses must manage stormwater runoff and prevent pollution of surface water bodies or groundwater.

C.

All waste and manure shall be removed daily.

D.

No animal pens shall be located closer than fifty (50) feet to any residential district. All animal pens must be screened with a solid six (6) foot fence.

15.3.27 Social Club or Lodge.

A.

Social clubs or lodges shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties.

B.

No more than twenty percent (20%) of the gross floor area may be used as office space for the social club or lodge.

C.

Social clubs and lodges are permitted to serve food and meals on the premises.

15.3.28 Solar Farm.

See Article 17 for Commercial Solar Energy Facility standards.

(Ord. No. 2024-CO-045, 7-25-24)

15.3.29 Storage Yard — Outdoor/Contractor.

A.

All outdoor/contractor storage yards shall be screened as follows:

1.

In all districts except the I-H District, an opaque masonry wall (stone, stucco or brick), solid wood or simulated wood fence or vinyl, aluminum or steel fence specifically crafted for fencing purposes no less than six (6) and no more than eight (8) feet in height.

2.

In the I-H District, an open fence may be used for screening instead of an opaque masonry wall (stone, stucco or brick), solid wood or simulated wood fence or vinyl, aluminum or steel fence specifically crafted for fencing purposes. Any fence must be no less than six (6) and no more than eight (8) feet in height.

3.

Plant materials should be installed along the fence or wall located along the public right-of-way to provide a softening effect.

B.

No materials stored outdoors shall be of a greater height than that of the required fence or wall.

C.

When structures are part of the storage yard, the structures shall be located at the front of the lot and the storage area shall be located to the rear of any structure's front facade.

D.

Outdoor storage areas shall be surfaced, and graded and drain all surface water. Outdoor storage areas may be surfaced with partially permeable materials, if adequate drainage and erosion and dust control are provided.

E.

Any lighting used to illuminate an outdoor storage area shall be directed and shielded as to not illuminate any adjacent residential areas. With the exception of security lighting, lighting must be turned off when the storage yard is not open.

15.3.30 Utilities. Utilities shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. Additional landscape and screening may be required. Utilities shall be located on a lot that consists of the minimum lot area and width of the district in which the utility is located. Utilities located on a lot with less than the minimum lot area or width of the district in which the utility will be located require a special use permit.

15.3.31 Wind Power Generating Facility. See Article 17 for Commercial Wind Energy Facility standards.

(Ord. No. 2024-CO-045, 7-25-24)

15.3.32 Wireless Telecommunications.

A.

Purpose. The following standards for wireless telecommunications antennas, facilities and towers are intended to:

1.

Ensure public health, safety, convenience, comfort and general welfare.

2.

Ensure access to reliable wireless telecommunications services throughout the County.

3.

Encourage the use of existing towers and other structures for the collocation of wireless telecommunications antenna.

4.

Encourage the location of towers, to the extent possible, in areas where the adverse impact on the County will be minimal and preferably in non-residential, as opposed to residential, districts.

5.

Minimize the potential adverse effects associated with the construction of wireless telecommunications towers through the implementation of reasonable design, landscaping and construction practices.

B.

Application Requirements. All applications to erect, construct or modify any part of a wireless telecommunications antenna, facility or tower shall include the following items:

1.

A site plan showing:

a.

The location, size, screening and design of all buildings and structures, including fences.

b.

The location and size of all outdoor equipment.

c.

A landscape plan showing all screening.

d.

If the site plan is for a new wireless telecommunications tower, indication of the fall zone.

2.

If a special use, a disclosure of what is proposed, demonstrating the need for the wireless telecommunications antenna, facility or tower to be located where proposed.

3.

If a special use, the reason or purpose for the placement, construction or modification, with specific reference to the provider's coverage, capacity, and/or quality, needs, goals and objectives.

4.

If a special use, the service area of the proposed wireless telecommunications antenna, facility or tower.

5.

The nature and extent of the provider/applicant's ownership, easement or lease interest in the property, building or structure upon which the antenna, facility or tower is proposed for placement, construction or modification.

6.

The identity and address of all owners and other persons with a real property recorded interests in the property, building, or structure upon which the antenna, facility or tower is proposed for placement, construction or modification.

7.

If a special use for a new telecommunications tower, then a map showing collocation opportunities within the County and within areas surrounding the borders of the County shall be provided and justification for why collocation is not feasible in order to demonstrate the need for a new tower.

8.

If a special use, a visual simulation or rendering of the proposed support structure that illustrates the relationship between the height and the visual appearance of the structure.

C.

Fall Zone Setback.

1.

A fall zone shall exist around any newly erected wireless telecommunications tower equal to one-hundred ten percent (110%) of the height of the tower. No structures are permitted within the fall zone, except those located on subject zoning lot. In all cases, the wireless telecommunications tower must at least meet the underlying setback requirements of the zoning district in which it is located.

2.

The County may reduce the required fall zone by special use. Such reduction in the fall zone setback shall require submission of a written instrument signed by all affected property owners, and duly notarized, agreeing to such modification. In all cases, the wireless telecommunications tower is not permitted in any required setback of the zoning district in which it is located.

3.

Any associated wireless telecommunications facilities shall be set back fifteen (15) feet from the front lot line and ten (10) feet from any other lot line.

D.

Height. The tower shall not exceed the height necessary to function satisfactorily, but shall be limited to one hundred (100) feet in residential districts and two-hundred (200) feet in all other districts where permitted. Any height in excess of these limits shall obtain a special use permit.

E.

Lighting and Marking. Wireless telecommunications antennas, towers and facilities shall not be lit or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

F.

Landscape. Landscape is required to enhance compatibility with adjacent land uses. A fence six (6) feet in height must be erected around the wireless telecommunications tower and/or facility. Landscape shall be installed outside the fencing in accordance with the following:

1.

One (1) shade tree with a minimum two and a half inch (2.5) caliper shall be provided for every twenty-five (25) feet of fence length, not including gates or other fence openings.

2.

One (1) shrub for every five (5) feet of fence length or one (1) evergreen tree which is at least six (6) feet tall for every twenty-five (25) feet of fence length, not including gates or other fence openings.

3.

The landscape may be flexible in its arrangement (but not quantity) by appropriately aggregating the required plant materials and maintaining open areas around gates or other fence openings.

G.

Additional Standards for Wireless Telecommunications Antennas.

1.

Wireless telecommunications antennas do not include satellite dishes, as regulated separately by this Ordinance.

2.

Antennas shall be of a color that is identical or similar to the color of the supporting structure to make the antenna visually unobtrusive.

3.

No antenna shall increase the overall height of any building or structure on which it is mounted by more than ten percent (10%), or fifteen (15) feet, whichever is less. However, antennas attached to existing communication towers shall not increase the height of tower above the maximum allowed.

H.

Additional Standards for Wireless Telecommunications Facilities.

1.

Any buildings, cabinets or shelters may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation shall not be stored on the site. The facility shall be un-staffed and does not include telecom hotels.

2.

Signs for the wireless telecommunications facility shall be limited to ownership and contact information, FCC antenna registration number (if required), and any other information required by government regulation. Commercial advertising is strictly prohibited.

I.

Additional Standards for Wireless Telecommunications Towers.

1.

Wireless telecommunications towers in residential districts require a minimum lot area of two (2) acres and the minimum width of the district in which the utility is located. Towers located on a lot less than two (2) acres or on a lot consisting of less width than the district minimum require a special use permit. Towers located in all other districts shall consist of the minimum lot area and width of the district in which the tower is located. Towers located on a lot with less than the minimum lot area or width of the district in which the tower will be located require a special use permit.

2.

Wireless telecommunications towers shall be designed to accommodate at least three (3) telecommunications providers.

3.

The area surrounding a tower must be of a sufficient size to accommodate accompanying wireless telecommunications facilities for at least three (3) telecommunications providers.

4.

Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the County, towers shall have a galvanized silver, gray, or white finish.

J.

Stealth Design for Wireless Telecommunications Antennas. Stealth design for wireless antennas is encouraged and shall be considered a permitted use in all districts, subject to site plan approval. All applications for site plan review shall include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design shall comply with the following regulations:

1.

To qualify as a stealth design, wireless telecommunications antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

2.

Antennas must be located on or in structures already permitted within zoning districts, such as water towers, clock towers, streetlights, penthouses, parapet walls and steeples, and shall be designed to blend in to the structure. Antennas that co-locate on existing wireless telecommunications towers shall also be considered stealth design. However, antennas attached to existing communication towers shall not increase the height of tower above the maximum allowed.

3.

No antenna shall increase the overall height of any building or structure on which it is mounted by fifteen (15) feet.

K.

Abandonment. Any wireless telecommunications tower or facility that is not operated for a period of one-hundred eighty (180) consecutive days shall be considered abandoned. The property owner shall remove the tower or facility, and all aboveground equipment and related debris, within one-hundred eighty (180) days of its abandonment. If not removed, the County shall enforce removal by means of its existing regulatory authority.

L.

Nonconformities.

1.

Nonconforming Wireless Telecommunications Antenna or Facilities. Ordinary maintenance, including antenna or accessory facility upgrades, may be performed on nonconforming antenna or facility. However, if the proposed alteration intensifies a nonconforming characteristic of the antenna or facility, compliance with this Ordinance is required.

2.

Nonconforming Telecommunications Towers.

a.

Ordinary maintenance may be performed on nonconforming towers.

b.

Collocation of an antenna on an existing nonconforming tower is permitted.

M.

Access Driveways and Vehicular Use Areas. All access driveways and other vehicular use areas incident to any wireless telecommunications tower or facility shall be located entirely upon private easements or leaseholds, and shall be the sole responsibility of the facility owner and/or located in such a way as to minimize the disruption to the property's primary purpose. Notwithstanding anything to the contrary contained herein, or in any other provision of this Ordinance, said access driveways and vehicular use areas may be of a gravel base and surface. Provided, all access driveways shall be maintained at all times in good repair and accessible by emergency vehicles.