The purpose of this Article is to address the regulation of those other site improvements on a lot other than the regulations for the principal building. This includes site design standards, accessory structures and uses, and permitted encroachments.

18.2.1 Number of Principal Buildings on a Lot.

A.

In the R-A (RA, RE & RR), R-1, R-2, CD-L and CD-M Districts there shall be no more than one (1) principal building per zoning lot. In all other districts, more than one (1) principal building may be erected on a single zoning lot, provided that each structure shall comply with all yard and bulk requirements of a district as though it were a principal building on an individual zoning lot.

B.

In the AG, A-1 and A-2 Districts, there shall be no more than one (1) dwelling on a zoning lot except for the following: where a dwelling or mobile home presently exists on a zoning lot, the residential use of that dwelling or mobile home may be continued during the period of construction of a new dwelling upon that lot. However, the existing dwelling or mobile home must be removed from the lot on or before the date of issuance of the certificate of use and occupancy for the new dwelling or within one (1) year after the issuance of a building permit for the new dwelling, whichever is less.

18.2.2 Frontage on a Public Street. All zoning lots created through the subdivision process shall be provided with satisfactory access to a public street by means of lot frontage on such street. No zoning lot used for residential within a residential subdivision shall front on a street that has been designated as a limited access road.

18.2.3 Required Yards. No zoning lot shall be reduced in area so that the yards are less than required by this Ordinance. The required yards for a zoning lot shall not be considered a yard for any other lot. All yards allocated to a structure shall be located on the same zoning lot as such structure.

18.2.4 Applicability of Bulk Requirements. All structures erected or altered after the effective date of this Ordinance shall meet the bulk requirements for the zoning district in which the structure is located and this article, if applicable, whichever is more restrictive.

18.2.5 Applicability of Use Restrictions. No structure or land shall be used for any use other than one allowed as either a permitted or special use in the zoning district in which such structure or land is located. Structures or land may also be used for a temporary use or accessory use, in accordance with the requirements of this Article.

18.2.6 View Obstruction. The site clearance area at the intersection of two (2) streets shall be defined as a triangular area measured thirty (30) feet from the point of intersection of the two (2) streets and measured parallel to the edge of the area used for vehicular purposes that is ordinarily within the right-of-way, but not always, which shall not be obstructed by any sign, wall, fence, hedge, shrub or other object which exceeds three (3) feet in height. Trees may be maintained within this area as long as there is no foliage within three (3) feet as measured from the ground to the lowest foliage. In the event that the grade of a lot is higher than the street grade, the height of the sign, wall, fence, hedge, shrub or other object shall be reduced so that the site clearance is not obstructed three (3) feet over the grade of the street.

All accessory structures and uses shall be subject to the requirements of this Section and the requirements of Section 18.4 (Permitted Encroachments). Additional accessory structures not regulated in this section may be regulated in Section 18.4 (Permitted Encroachments).

18.3.1 Accessory Structures - General Regulations. All accessory structures shall be subject to the following regulations, in addition to any other regulations within this Article and this Ordinance.

A.

No accessory structure shall be constructed prior to construction of the principal building to which it is accessory.

B.

Only those accessory structures permitted by this Article are permitted in required yards. Certain accessory structures may also be prohibited in certain yards. Required yards are described in the district standards.

C.

The maximum height of any detached accessory structure shall be measured from the grade to the peak of the roof or structure, as applicable. No detached accessory structure shall exceed twenty (20) feet or the height of the principal building, whichever is less, unless otherwise permitted or restricted by this Ordinance. However, there shall be no limit on the height of agriculture exempt structures, such as barns and silos.

D.

All accessory structures must be located a minimum of two and one-half (2.5) feet from any rear or side lot line, unless otherwise permitted or restricted by this Ordinance. This regulation shall not apply to fences.

E.

The combined square footage of all detached accessory structures located in the rear yard shall not occupy more than forty percent (40%) of the required rear yard. Additionally, the building footprint and gross floor area of any detached accessory structure shall not exceed the building footprint of the principal building except for agriculture exempt structures.

F.

For double frontage lots (through lots), if an accessory structure is not allowed in a front yard but allowed within a rear yard, that accessory structure is allowed in the front yard of the through lot that functions as the rear yard provided no other lot on the same block is developed in a way that the subject yard functions as a primary front yard and the accessory structure complies with all applicable rear yard restrictions. This regulation also applies to the permitted encroachment table in Section 18.4.

18.3.2 Antennas and Amateur (HAM) Radio Equipment.

A.

Towers that solely support antennas and amateur (HAM) radio antennas and equipment and conform to all applicable performance criteria as set forth in Section 18.4 (Environmental Performance Standards) shall be permitted only in the rear yard and shall be located at least ten (10) feet from any lot line. Towers shall not exceed the maximum building height of the applicable district by more than fifteen (15) feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with Paragraph 3 below.

B.

Antenna may be ground-, building- or roof-mounted, provided they do not exceed the maximum building height by more than fifteen (15) feet unless a taller antenna is technically necessary to engage successfully in amateur radio communications in accordance with Paragraph 3 below. Every effort shall be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys.

C.

An antenna or tower that is proposed to exceed the height limitations shall be considered a special use. The operator must provide evidence that a taller tower and/or antenna are/is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna shall not prove a hazard to birds (i.e., minimal chance of bird strikes). Such tower and/or antenna must conform to all applicable performance criteria as set forth in Section 18.4 (Environmental Performance Standards). As part of the application, the applicant must submit a site plan showing the proposed location of the tower and/or antenna, as well as its relation to the principal building and any additional accessory structures.

D.

Antennae and/or towers owned and operated by the County are exempt from these requirements.

18.3.3 Apiaries (Non-Agriculture Exempt).

A.

Apiaries are permitted in the R-A Subdistrict of the R-A District only (prohibited in R-E and R-R Subdistricts) and only as an accessory use to a single-family use.

B.

All colonies must be registered with the Illinois Department of Agriculture.

C.

One (1) beehive is permitted for every twenty-five thousand (25,000) square feet.

D.

All bee colonies must be kept in removable frames hives, which must be kept in sound and usable condition.

E.

Beehives are permitted in the rear yard only and must be located a minimum of fifty (50) feet from any lot line and seventy-five (75) feet from any dwelling. A flyway barrier at least six (6) feet in height is required, consisting of a dense vegetation, fence, solid wall or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level.

F.

Each beekeeper must ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at other water sources.

G.

Each beekeeper must ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials must promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

H.

All colonies must be maintained with queens selected from stock bred for gentleness and non-swarming characteristics. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, the beekeeper must promptly re-queen the colony with another marked queen.

I.

No commercial activity shall result from the keeping of bees on the property.

18.3.4 Chicken Coops (Non-Agriculture Exempt).

A.

Chicken coops are permitted in the R-A and R-E Subdistricts of the R-A District only (prohibited in R-R Subdistrict) and only as accessory to a single-family use.

B.

No person may keep more than six (6) chickens on the property at any time in the R-A District and no person may keep more than three (3) chickens on the property at any time in the R-E District.

C.

No commercial activity shall result from the keeping of chickens on the property.

D.

Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.

E.

Chicken coops and runs must meet the following standards:

1.

Chicken coops and runs are allowed only in the rear yard. Adequate safeguards are required to prevent unauthorized access to the chickens by general members of the public, such as rear yard fencing and gating.

2.

Chicken coops and runs must be located a minimum of ten (10) feet away from any principal building and ten (10) feet from any lot line.

3.

The facility must be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells and substances. The facility must not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health.

4.

The chicken coop and run must be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement.

5.

The chicken coop and run must be adequately lighted and ventilated.

F.

No storage of chicken manure is permitted within twenty (20) feet of the property line. The composting of chicken manure is encouraged.

G.

Chickens must be kept in coops from dusk to dawn.

H.

Slaughtering of the chickens is prohibited.

18.3.5 Exterior Lighting.

A.

Unshielded Lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved carnivals, fairs or other similar activities are held and only when such activities are taking place. This does not include holiday lighting on private property.

B.

Light Pole and Building-Mounted Lighting Heights. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, shall be as specified below, unless otherwise required by the Building Code. These standards do not apply to public right-of-way lighting. Permitted light pole heights shall be as follows:

1.

Non-Residential Uses.

a.

Light poles and building-mounted fixtures shall be designed with fully shielded luminaires. Such poles shall not exceed twenty-five (25) feet in height, except as allowed in [section] 18.3.5.B.1b. and wall mounts shall not exceed eighteen (18) feet in height.

b.

Light poles for educational facilities or for public outdoor recreational facilities shall not exceed sixty (60) feet in height.

2.

Residential Uses. Light poles for single and two-family dwellings shall not exceed eight (8) feet in height. Light poles for multi-family and townhouse uses shall not exceed sixteen (16) feet in height. Lighting, including under-soffit lighting, mounted upon a single-family, two-family or townhouse residential dwelling shall not be mounted higher than fourteen (14) feet above the first floor elevation.

C.

Automatic Teller Machine Lighting. All exterior lighting for automatic teller machines (ATMs) shall comply with the Automated Teller Machine Security Act (205 ILCS 695/1 et seq.). All exterior lighting for ATMs in drive-through facilities shall be designed with luminaires recessed under the canopy to minimize light pollution.

18.3.6 Fences.

A.

General Requirements.

1.

All fences must meet the requirements of this Ordinance.

2.

All fences shall be measured from existing unaltered grade, unless otherwise specified.

3.

For the purposes of this section, walls and hedges used as fences are subject to these fence requirements.

4.

All fences are subject to the view obstruction regulations of Section 18.2.6.

B.

Fence Construction and Design Requirements.

1.

The finished side of all fences shall face away from the lot on which it is located. It is encouraged that both sides of all fences shall be finished.

2.

All fence posts shall be placed on the inside of the fence.

3.

A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.

4.

Fences shall only be constructed of the following materials:

a.

Treated wood or cedar.

b.

Simulated wood.

c.

Decorative brick or stone.

d.

Wrought-iron, or aluminum or steel designed to simulate wrought-iron.

e.

Coated chain link and anodized chain link. Slats are not permitted.

f.

Vinyl, aluminum or steel specifically crafted for fencing purposes.

5.

Chainlink fencing with slats or scrap metal, salvage materials, building siding, plywood, or similar materials that are not intended for fence construction are prohibited.

6.

Section 18.3.6 B. shall not apply to the Agricultural Districts when a fence is erected and used as part of an agricultural use.

C.

Fences in Residential, Conservation Design and TND Districts.

1.

Fences located parallel to the front lot line, between the side lot line and the structure and at or behind the front building line are limited to a maximum height of six (6) feet. Fences located in front of the front building line, including fences parallel to the front and side lot lines, are limited to a maximum height of four (4) feet. These restrictions also apply to the corner side yard.

2.

Fences located in the interior side yard, between the required front building line and the required rear setback line, are limited to a maximum height of six (6) feet.

3.

Fences located in the rear yard, between side lot lines, are limited to a maximum height of six (6) feet. However, on a corner lot, the area within the corner side yard must meet the fence requirements listed in Section 18.3.6. C. 1.

4.

Where additional screening is required for a specific use, such requirements control.

D.

Fences in Non-Residential, Non-Conservation Design, Non-TND and Non-Agricultural Districts.

1.

Fences in the required front yard or required corner side yard are limited to four (4) feet.

2.

Fences within the interior side and rear yards and out of the required front and corner side yards may be erected to a height of six (6) feet, or eight (8) feet if seventy-five percent (75%) of the fence is open and used strictly for security reasons.

3.

Where additional screening is required for a specific use, such requirements control.

E.

Fences for Agricultural Districts and Uses. Fences are permitted within any yard for an agricultural use and are not limited in height. All other uses in an agricultural district that are not agricultural are limited to a maximum of four (4) feet in height in the required front and corner side yards. Fences in other yards may be erected to a height of eight (8) feet.

F.

Fences for Utilities.

1.

Utility uses shall be fenced if outdoors, not within a building. Barbed wire, razor wire or fences of similar material is permitted. All barbed wire, razor wire or similar material shall be placed no less than seven (7) feet above finished grade. Utility fences shall be a maximum height of eight (8) feet. Utility fences may be located in any yard and are not required to be open, but shall be near the utility in which the fencing is securing and screening. Perimeter lot fencing, if desired, shall follow the regulations of the district in which the utility use is located in.

G.

Fences for Public Recreational Uses. Public recreation areas may be enclosed along their boundaries (i.e., all yards) with an open type fence to a height not to exceed eight (8) feet. Tennis courts and other similar uses may be fenced in accordance with national standards for such uses.

H.

Nonconforming Fences. Any fence that is nonconforming must be brought into conformance when repairs or reconstruction exceed fifty percent (50%) of the value of that portion of the fence located within that yard.

18.3.7 Garages, Attached and Detached. The following design standards apply to residential garages for single-family, two-family and townhouse uses. Attached garages are not considered an accessory structure but shall be subject to the regulations of this section for attached garages.

A.

Attached Garages. The following standards apply to new attached garages constructed after the effective date of this Ordinance for dwellings constructed in new major subdivisions in residential and conservation design districts.

1.

Front-loaded attached garages should not occupy more than sixty percent (60%) of the width of the front facade of the dwelling. However, a minimum garage door width of twenty-four (24) feet is permitted regardless of front facade percentage.

2.

Attached front-loaded garages shall not extend beyond the front facade of the dwelling by more than twelve (12) feet. This measurement will be taken from the part of the front facade that is immediately adjacent to the garage, except that the measurement may be taken from the part of the house closest to the street if all of the following conditions are met:

a.

The front facade of the house is irregular, i.e., the front foundation is not a straight line.

b.

The portion closest to the street is actual living space.

c.

No such measurement may be taken from a porch, bay window, turret or similar architectural feature that protrudes from the facade.

3.

Windows, doors and roof treatments of that part of the garage facing the street should incorporate architectural detail expressive of a residence.

4.

Upper level dormers and pitched roof elements should be used to de-emphasize the garage. Garage openings, windows, columns, trims, decorative paneling and color shall de-emphasize the visual impact of the garage in relation to the building as a whole.

B.

Detached Garages.

1.

A detached garage shall not exceed a maximum of twenty (20) feet in height or the height of the principal building, whichever is less, as measured from the grade to the peak of the roof.

2.

The building footprint and gross floor area of a detached garage shall be less than the building footprint of the principal building to which it is accessory to.

3.

Detached garages are permitted in the rear yard, in the side yard but not required side yard, and front yard when located behind the front building line. Detached garages shall be located a minimum of two and one-half (2.5) feet from any lot line.

4.

Detached garages located in new major subdivisions should be consistent with the architecture and design of the principal building. Consistency of design includes use of the same palette of materials as the principal building, roofing, roof pitch, trim and colors.

5.

Detached garages shall be located a minimum of ten (10) feet from the principal structure on a lot, unless an additional fire rating is established allowing closer placement. The distance shall be measured from the walls of the structure.

18.3.8 Home Occupations. The following standards are intended to ensure that home occupations, conducted in a dwelling, are compatible with the neighborhoods in which they are located and do not interfere with the rights of the surrounding property owners to enjoy the established character of the neighborhood.

A.

There shall be no stock-in-trade other than products manufactured on the premises. Customary retail sales are prohibited.

B.

A home occupation shall be conducted within a dwelling or within an accessory building that does not exceed five-hundred (500) square feet in area, unless otherwise provided by the Zoning Board of Appeals by a special use permit in the AG, A-1, A-2 and RA-RA Districts only. The occupation is subject to closed-door requirements where overhead doors and main entrances remain closed to conceal the activity.

C.

There shall be no outdoor storage or display of supplies, materials, inventory or equipment on premises or on vehicles.

D.

No person, other than a resident of the dwelling, shall be employed in the conduct of a home occupation.

E.

A home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling.

F.

Vehicular traffic and on-street parking shall not be increased by the home occupation.

G.

The receipt, sale or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods.

H.

A home occupation shall not generate noise, solid waste, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in a residential use.

I.

No exterior alteration that changes the residential character of the principal building shall be permitted. However, one non-internally illuminated wall or window (1) nameplate sign not exceeding two (2) square feet is permitted.

J.

Day care homes and community residences are not considered a home occupation, but a separate principal use as allowed by the district.

K.

Group instruction home occupations are limited to five (5) persons.

L.

Prohibited home occupations include but not limited to are as follows: contractor shop with office of all types, including lawn/tree care maintenance and landscapers, medical or dental clinics/offices, bait shops, gun and/or ammunition manufacturing, small engine service and repair and motor vehicle/truck service and repair.

M.

No motor power other than electronically operated motors shall be used or serviced in connection with a home occupation.

N.

Vehicle parking and/or storage must comply with the requirements of Section 23.11.1. and no trailers incidental to the home occupation shall be kept on-site.

O.

No more than three (3) lodging rooms shall be considered a home occupation. Lodging rooms are only permissible within a dwelling. Lodging rooms exceeding the limit herein noted are considered group quarters and are a separate principal use as allowed by the district.

P.

A home occupation must be approved by a zoning permit, and shall expire three (3) years after issuance or as may revoked earlier by administration due to non-compliance with standards. If one wishes to continue a home occupation after said time frame, a new zoning permit must be secured. Additional standards (conditions) may be placed on home occupation approval for purposes of maintaining the intent of the ordinance.

18.3.9 Mechanical Equipment.

A.

In all districts, all ground-based mechanical equipment including, but not limited to, heating, ventilating and air-conditioning (HVAC) units and electric generators, may be located in the rear or side yard but must be located at least six (6) feet from any lot line. Ground-based mechanical equipment is prohibited in the front, or corner side yard. However, any existing ground-based mechanical equipment as of the date of adoption of this Ordinance shall be considered legally conforming and may be replaced and repaired.

B.

All approved ground-based mechanical shall be completely screened if visible from the adjoining lot or public right-of-way, excluding alleys. Screening materials may be masonry, wood, landscaping or other opaque material, and shall effectively screen mechanical equipment so no portion is visible from a street or adjoining lot. Color and texture of a masonry screen wall shall be compatible with the color and texture of the principal building on the site. Where a principal or accessory structure, or landscaping, blocks the view of ground-based mechanical equipment, the equipment is considered screened.

C.

Any mechanical equipment located on the roof of any structure in any zoning district shall be located at least six (6) feet from any supporting wall of the building to permit safe access to the roof, and screened from a public right-of-way.

18.3.10 Outdoor Sales and Display. Commercial uses in the CC and CG Districts or for commercial uses authorized in the industrial districts are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same lot. Any lawfully existing retail goods establishment shall be permitted to display and sell its merchandise outdoors under the following conditions:

A.

No sales and display area shall be permitted in any public right-of-way or obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required yard. Sales and display area is limited to twenty percent (20%) of the lot area not occupied by structures.

B.

A portion of the parking area may be used for outdoor sales and display on a temporary basis only, not exceeding 180 days per calendar year in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). No more than ten percent (10%) of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display.

C.

Outdoor storage of bulk merchandise is a separate principal use as allowed by the district. Additional regulations, including but not limited to development standards and screening requirements, apply elsewhere in code.

18.3.11 Outdoor Storage.

A.

No required parking area shall be used as outdoor storage.

B.

All outdoor storage shall be out of required front yard.

C.

No materials stored outdoors shall be of a greater height than that of the required screening.

D.

All materials stored must be related to the business conducted on the property.

E.

Outdoor storage areas shall be surfaced and graded to drain all surface water.

F.

Screening in accordance with Section 20.9 is required.

G.

Outdoor storage is a separate principal use as allowed by the district.

18.3.12 Porches.

A.

Unenclosed porches may encroach eight (8) feet into any required front, corner side or rear yard.

B.

Enclosed porches must meet all yard requirements.

C.

Stoops are not considered porches.

18.3.13 Satellite Dish Antennas.

A.

General Requirements.

1.

Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure.

2.

Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.

3.

Cables and lines serving ground-mounted satellite dish antennas shall be located underground.

4.

Compliance with all federal, state and local regulations shall be required in the construction, installation and operation of satellite dish antennas.

5.

All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance. Antennas no longer in use must be removed.

B.

Small Satellite Dish Antennas (One Meter or Less in Diameter). Small satellite dish antennas, which are one (1) meter or less in diameter, shall be subject to the general requirements of Paragraph A above. Every effort should be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

C.

Large Satellite Dish Antennas (One Meter or More in Diameter).

1.

Residential Uses.

a.

Large satellite dish antennas are permitted only in the rear yard, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than six (6) feet from any lot line.

b.

The overall height of a large satellite dish antenna shall not exceed twelve (12) feet.

c.

A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening shall include fences, plant materials and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be, at minimum, five (5) feet tall at the time of installation.

2.

Non-Residential Uses.

a.

A large satellite dish antenna is permitted only in the rear or interior side yard, and shall be set back a distance from all property lot lines that is at least equal to the height of the dish, but in no case less than six (6) feet from any lot line.

b.

Roof-mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than twenty-five percent (25%) of the corresponding height or width of the screen.

c.

Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming or landscaping to accomplish the following:

i.

All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened.

ii.

Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.

18.3.14 Sheds and Private Greenhouses.

A.

Sheds and private greenhouses shall be located a minimum of ten (10) feet from the principal structure on a lot, unless an additional fire rating is established allowing closer placement. The distance shall be measured from the walls of the structure.

B.

Sheds and private greenhouses constructed out of scrap metal, salvage materials or other items not originally intended for shed purposes such as a truck trailer, dumpster, PODS or a temporary industrial grade storage container are prohibited in the residential and conservation design districts. All other zoning districts not herein mentioned shall refer to district design standards located elsewhere in the Ordinance. Regulations in Section 18.5.3 may also apply.

18.3.15 Solar Panels (Private). Solar panels that are for private use and are not part of or otherwise appurtenant to a Commercial Solar Energy Facility are permitted in all zoning districts, subject to the provisions of this section.

A.

Building-Mounted Systems.

1.

Roof-Mounted. Solar panels may be mounted on a flat roof, and may project a maximum of fifteen (15) feet above the roof surface, unless additional height is granted by special use permit, and must be set back a minimum of three (3) feet from the roof edge. Solar panels may be mounted on a sloped roof, and must be set back a minimum of one (1) foot behind the roof edge and ridge line.

2.

Facade-Mounted. Solar panels may be applied flat against a building facade, or project off a building facade up to three (3) feet.

B.

Ground-Mounted Systems. A ground-mounted solar energy system is permitted in any yard, and must be located a minimum of two and one-half (2.5) feet from any lot line. A ground-mounted solar energy system in the front yard and required side yard is limited to a maximum height of three (3) feet, unless additional height is granted by special use permit. In all other yards, ground-mounted systems are limited to a maximum height of twenty (20) feet.

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

18.3.16 Swimming Pools. All swimming pools shall comply with the requirements of the Building Code. However, in-ground swimming pools shall be enclosed by a fence or wall that is a minimum of four (4) feet in height. Swimming pools shall not be located over or under electrical lines and shall be a minimum of six (6) feet from any lot line.

18.3.17 Wind Energy Systems (Private). Wind energy systems that are for private use and are not part of or otherwise appurtenant to a Commercial Wind Energy Facility are subject to the following requirements:

A.

The maximum height of any ground-mounted wind energy system is as follows:

1.

AG, A-1, A-2 Districts: One-hundred (100) feet

2.

All other districts: Sixty-five (65) feet.

3.

The maximum height of any roof-mounted wind energy system mounted upon a detached accessory structure is fifteen (15) feet above the maximum permitted height for such structure. The maximum height of any roof-mounted wind energy system mounted upon a principal structure is ten (10) feet above the maximum permitted height for such structure.

4.

For purposes of this particular zoning item, maximum height is the total height of the turbine system including the tower, and the maximum vertical height of the turbines blades. Maximum height therefore is calculated measuring the length of a propeller at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from the length of a propeller at maximum vertical rotation to grade.

5.

No portion of the turbine blades may be within fifteen (15) feet of the ground.

B.

In the agricultural, residential, conservation design and TND Districts (TND - when affiliated with a residential use) a wind energy system shall not exceed a rated capacity of fifty (50) kilowatts. A wind energy system exceeding a rated capacity of fifty (50) kilowatts requires a special use permit. In all other districts (TND - when not affiliated with a residential use), a wind energy system shall not exceed a rated capacity of one-hundred (100) kilowatts. A wind energy system exceeding a rated capacity of one-hundred (100) kilowatts requires a special use permit.

C.

Ground-mounted wind energy systems may be located in the rear yard only. No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site. The system tower must be set back from all lot lines equal to the height of the system. No principal structures may be located within this area.

D.

All wind energy conversion systems must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system.

E.

Wind energy systems may not be unreasonably noisy as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

F.

Wind turbines must be approved by a small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.

G.

Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

H.

Building permit applications for wind energy systems must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes.

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

An encroachment is the extension or placement of any structure or building, or component of such, into a required yard. Additional restrictions on permitted encroachments, including additional setback requirements and bulk regulations, can be found in Section 18.3 (Accessory Structures and Uses) above and are referenced within the following table. Permitted encroachments are found in Table 18-1: Permitted Encroachments. Other accessory structures or uses not included in the table or in Section 18.3 will be treated as the most similar use listed, per the discretion of the Planning and Zoning Officer.

18.5.1 Temporary Use Permit Application.

A.

Any person, firm or corporation desiring to obtain a temporary use permit, as required by this Ordinance, shall file a written application with the Planning and Zoning Officer on a form provided by the County.

B.

The Planning and Zoning Officer shall grant temporary use permits for those uses listed below so long as he/she determines that the proposed use, complies with the requirements of this section and this Ordinance. Unless expressly provided in this section, every temporary use or structure shall comply with the bulk requirements applicable in the district in which it is located.

C.

Unless otherwise limited, temporary uses may be allowed in any zoning district, provided that it is consistent with the purpose and intent of this Ordinance and the zoning district in which it is located.

D.

Every temporary use shall comply with this Ordinance and all other regulations. The Planning and Zoning Officer may impose other conditions, as part of the temporary use permit approval, as necessary to achieve the purposes of this Ordinance, and to protect the public health, safety and welfare. No temporary use shall be permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole.

E.

Temporary use permits under this Section 18.5 shall require payment of a fee in the minimum amount established for commercial zoning permits, as may be amended from time to time.

18.5.2 General Provisions. Every temporary use shall comply with all the requirements listed below.

A.

No temporary use shall be permitted that causes, or threatens to cause, an on-site or off-site threat to the public health, safety and welfare.

B.

Every temporary use shall be operated in accordance with such restrictions and conditions required by all County codes, including, but not limited to, fire, police, building, and health codes. If required by the County, the operator of the temporary use shall employ appropriate security personnel.

C.

No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses. No temporary use shall block handicapped or fire lanes.

D.

No temporary use shall be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The Planning and Zoning Officer may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The Planning and Zoning Officer shall approve the temporary use only if such parking spaces are provided.

E.

No temporary use shall be permitted if it conflicts with another previously authorized temporary use.

18.5.3 Permitted Temporary Uses.

A.

Temporary Outdoor Festival Events (Public, operated in collaboration with government). Temporary outdoor festival events, including carnivals, open to public and operated in collaboration with government are permitted as authorized by the County Board Administrative Office and must comply with all procedures required by the County Board Administrative Office. Other similar transient events open to the public that may have an economic benefit to the County or a regional interest, such as marathons, amateur travel sports tournaments, etc., may be considered. This temporary use shall not be interpreted to include uses in Paragraphs F and I of this section, or uses identified as a permitted or special use in the districts.

B.

Outdoor Seasonal/Holiday Sales Lot. Outdoor seasonal/holiday sales lots when not operated by either a storeowner or occupant onsite of interest, such as Christmas tree sales lots and pumpkin sales lots, shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Seasonal/holiday sales lots are limited to a period not to exceed forty-five (45) days per season, and are only permitted in the commercial districts.

C.

Outdoor Farmers Markets. No product may be exhibited or offered for sale except the following: fresh dairy goods, fruits, vegetables, juices, flowers, plants, herbs, and spices produced or grown by the vendor, baked goods made by the vendor, meats and prepared foods made by the vendor. Outdoor farmers markets are only permitted in the agriculture-related business and commercial districts.

D.

Outdoor Farmstand.

1.

Outdoor farmstands are only permitted in the agricultural and commercial districts.

2.

In agricultural districts, outdoor farmstands are limited to sales of items grown at the site including, but not limited to, fruits, vegetables, nursery stock, or the items prepared using raw materials grown on property owned by the farmstand owner including, but not limited to, prepared spices, baked goods, prepared foods, and arts and crafts. Farmsteads may not sell any food items, apparel, arts and crafts, or other items not grown at the site, or not prepared using raw materials grown by the farmstand owner.

3.

All food products shall be prepared and handled in accordance with all applicable state and local regulations.

4.

Outdoor farmstands shall be seasonal in operation and may operate only during the period of April 1 ^st through December 27 ^th .

5.

Outdoor farmstands are limited to outdoor temporary tents, farm wagons or trailers, or temporary purpose-built structures not more than six-hundred (600) square feet in area and not more than seventeen (17) feet in height.

6.

No parking for farmstands is permitted in the public right-of-way.

E.

Garage and Yard Sales. Garage and yard sales are allowed in any district, but only when limited to personal possessions of household goods or personal articles (primarily in used condition) or arts and crafts made by the owner or occupant of the dwelling unit where the sale is being conducted. These uses shall be limited to a period not to exceed three (3) consecutive days and no more than three (3) sales shall be conducted from the garage or yard of a lot in any calendar year. Garage and yard sales are exempt from obtaining a temporary use permit.

F.

Outdoor Arts and Crafts Shows, Plant Shows, Flea Markets, and Swap Meets. Outdoor arts and crafts shows, plant shows, flea markets, and swap meets shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and adverse impact on other properties. These uses are only permitted in C-C and C-G Districts. Such events are permitted for a period of no more than five (5) successive days and no more than two (2) sales in any calendar year.

G.

Temporary Contractor Trailers and Real Estate Model Units. Contractor trailers and real estate model units, including temporary real estate offices accessory to a new development, are allowed in any zoning district, out of all required yards, when accessory to a construction project or a new development. Contractor trailers shall be limited to a period not to exceed the duration of the active construction phase of such project. Real estate model units, including temporary real estate offices, shall be limited to the active selling and leasing of space in such development or six (6) months after issuance of the final occupancy permit, whichever is less. These structures shall not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No trailer or unit shall be used as the general office or headquarters of any firm.

H.

Temporary Classroom Units on the Site of an Educational Facility. Temporary classroom units accessory to an educational facility are allowed where educational facilities are allowed by district, out of all required yards and required parking areas. Temporary classroom units shall obtain a temporary use permit that is valid for three (3) years which is renewable one time for a maximum of six (6) years.

I.

Outdoor Temporary Holiday/Seasonal Events. Outdoor temporary holiday/seasonal events directly tied to and dependent on the season/holiday, such as haunted houses, hay or trail rides, corn mazes, etc., are allowed in the C-C and C-G Districts, and the Agricultural Districts. Outdoor temporary events are evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. Outdoor temporary holiday/seasonal entertainment events are limited to a period not to exceed forty-five (45) days per season. A use that is categorized as a tourist facility, agri-business or outdoor entertainment cannot be issued or receive a temporary use permit.

J.

Tents (Located Outdoors).

1.

Non-Residential Uses. Tents accessory to non-residential are permitted in conjunction with a special event of a use located on the same lot. The special event, however, shall be an authorized use within the district. Tents must be removed within two (2) days of the end of the event for which it was erected, but in no case may a tent be in place for longer than one-hundred (120) days per calendar year. Every tent shall comply with the bulk requirements applicable to accessory structures. Additionally, the size and location of tents may be restricted where it is determined that it creates parking and/or access problems on the site. Tents may be required to be reviewed by the Fire Department and Building Department.

2.

Residential Uses. Tents accessory to residential shall be limited to no more than nine (9) days per calendar year. These structures shall include tents used for permissible accessory entertainment or assembly purposes to residential that are not intended for living purposes, such as camping and sleeping or for uses that are not authorized in the district. Tents accessory to residential are exempt from obtaining a temporary use permit.

K.

Temporary Batching Plants (Asphalt or Concrete). Temporary batching plants are allowed in any district in connection with construction activities associated with a public use or facility (i.e. building a road). Batching facilities must be set back a minimum of one-thousand (1,000) feet from any property developed for other than industrial uses. The period of operation may not exceed the duration of construction or one (1) year, whichever is less.

L.

Outdoor Temporary Car Sales Lot. Outdoor temporary car sales lots are permitted in the C-C and C-G Districts only. Outdoor temporary car sales lots shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. A site layout displaying adequate ingress and egress routes for all vehicles with no dead-end aisles shall be submitted in advance of the event. All exits and entrances must be clearly marked. Outdoor temporary car sales lots are limited to a period not to exceed thirty (30) days and no more than two (2) per calendar year.

M.

Outdoor Temporary Retail Stands. Outdoor temporary retail stands not exceeding two-hundred fifty (250) square feet in are permitted in the C-C and C-G Districts only, subject to approval of a temporary use permit and the following regulations:

1.

The structure is located entirely on private property and does not encroach upon any required landscape areas. All such structures shall be setback at least ten (10) feet from any lot line that abuts a public right-of-way.

2.

Outdoor temporary retail stands are permitted to sell retail goods and food items, subject to all other County codes. Temporary retail stands may not have outdoor seating or outdoor display components.

3.

Outdoor temporary retail stands are limited to a period not to exceed sixty (60) days and only one (1) stand per calendar year per site.

4.

Outdoor temporary retail stands are permitted one (1) sign of eight (8) square feet. In addition, a temporary retail stand that sells food items is permitted an additional menu sign of four (4) square feet. All signs must be of wall sign type.

N.

Temporary Storage Containers.

1.

Temporary storage containers are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed twenty one (21) days. Temporary storage containers are exempt from obtaining a temporary use permit.

2.

Temporary storage containers shall not be used for permanent storage. Containers shall not serve as a substitute for permanent storage needs on the site on which they are located. Containers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.

O.

Temporary Construction Dumpsters. Construction dumpsters are allowed in any zoning district when accessory to a construction project or a new development. Construction dumpsters shall be limited to a period not to exceed the duration of the active construction phase of such project. Temporary construction dumpsters are exempt from obtaining a temporary use permit.

P.

Other Temporary Uses. Other temporary uses not listed can be permitted by the Planning and Zoning Officer provided that the intent of this section is maintained.