Wood Dale City Zoning Code

   A.   Scope. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building, structure, or land be used for any purpose other than is permitted in the District in which such is located and the requirements of this Chapter. Further, no application for a building permit or other permit, license, or certificate shall be approved by the Development Administrator, their designee, or other City official unless in keeping with the provisions of this Chapter.

   B.   Concurrence with Plans and Other Regulations. As may be relevant to enforcement of this Unified Development Code, and as part of enforcing the Wood Dale City Code, the following City plans, and regulations shall be part of implementing this Chapter:

      1.   Comprehensive Plan: The Wood Dale Comprehensive Plan, adopted August 2, 2018 shall provide guidance in the approval of all development under this Chapter 17: Unified Development Code (Chapter) of the Wood Dale, IL Code of Ordinances.

      2.   Homes for a Changing Region: The Homes for a Changing Region Plan, adopted in 2015 shall provide guidance in the approval of all development under this Chapter 17: Unified Development Code (Chapter) of the Wood Dale, IL Code of Ordinances.

      3.   Vision Plan: The City’s Vision Plan, adopted in 2013 shall provide guidance in the approval of development in the town center area under this Chapter 17: Unified Development Code (Chapter) of the Wood Dale, IL Code of Ordinances.

      4.   Stormwater and Floodplain Management: All development shall be constructed in compliance with the regulations of Chapter 10: Stormwater and Floodplain Management in the City Code.

      5.   Building Permits: All development shall be constructed in compliance with the regulations of Chapter 12: Building Code in the City Code.

      6.   Signs: All signage shall comply with regulations of Chapter 13: Sign Code in the City Code.

      7.   Liquor: All relevant businesses shall be operated in compliance with the regulations of Chapter 5: Liquor Control in the City Code. (Ord. O-22-017, 5-19-2022)

   A.   Uses of Land and Structures: Any use of land or structures shall comply with the regulations specified in this Section (17.302), regulations of this Chapter, and regulations of the Wood Dale City Code.

      1.   Uses of land shall be designated as Permitted, Special or Temporary in Table 4-5 Permitted Use Table, of this Chapter. Uses of land or structures not so designated as a Permitted, Special, or Temporary Use shall be prohibited.

      2.   Accessory Uses of land and structures shall be regulated per Section 17.305 of this Article, and other relevant requirements of the City Code.

      3.   New Uses of Existing Structures: The use of any existing structure that is changed to another use shall comply with the use regulations of this Chapter. The establishment of a new use does require the existing structure to conform to the lot size or bulk regulations of this Chapter.

      4.   New Structures: All Newly Built structures, shall comply with all regulations of this Chapter. Any structure damaged or destroyed by fire or other casualty shall be regulated by Article 7: Non-Conforming Lots, Buildings, Structures and Uses of this Chapter.

      5.   All requirements for lot area, yard setback, and other bulk standards specified by the Zoning District in which a Zoning Lot is located, or other requirements of this Chapter, shall be met on the same lot as the structure or use to which they apply is located, unless specifically allowed otherwise by this Chapter.

   B.   Lot Development Regulations: No structure or part thereof shall be built, moved or remodeled, and no structure or land shall be used, occupied, arranged or designed for use or occupancy unless it complies with the minimum regulations of the Zoning District in which it is located and all standards of this Chapter, including but not limited to: lot area, density, lot width lot depth, yard setbacks, lot coverage, building height, or off street loading and parking; unless specifically allowed otherwise by this Chapter.

   C.   Number of Structures on a Zoning Lot: Not more than one principal structure shall be located on a single Zoning Lot, unless such principal structures are located in a Planned Unit Development that was approved pursuant to the provisions of this Chapter.

   D.   Public Sewer and Water Facilities Required. Existing structures not connected to a public sanitary sewage disposal system and water distribution system (as may be required by the City Code) that are enlarged or altered, shall be connected to a public sanitary sewage disposal system and water distribution system provided said structure is within two hundred feet (200') of an existing system. Such structures not within two hundred feet (200') of an existing public sanitary sewage disposal system and water distribution system shall nonetheless be connected to said system if, as determined by the Development Administrator, failure to connect said structure shall create a hazard to the public health, safety, or welfare. All property annexed to the City after the adoption date of this Ordinance shall connect to City water and sewer services.

   E.   Public sidewalks required. Any person subdividing or developing property shall install a public sidewalk along the frontage of the property as required per the City of Wood Dale Engineering Design and Development Standards Manual. This requirement shall be applicable when any a new principal building or structure is constructed.

   F.   Sight Triangle:

      1.   No building, structure, fence, sign, landscaping, or other obstruction (except shade trees, streetlight poles and signposts) whether temporary or not, may be located in the Sight Triangle.

      2.   The Sight Triangle is defined as a three-dimensional volume, the bottom of which is three feet (3') above grade and the top of which is eight feet (8') above grade, and the sides of which are formed by the right-of-way lines of two streets, a street and an alley, or a street and a driveway on a lot (See Figure 3-1).

      3.   The sides a Site Triangle shall be thirty feet (30') long along intersecting street rights-of-way. The sides a Site Triangle shall be ten feet (10') long along the street right-of-way and the driveway or alley when they intersect with a street right-of-way.

   G.   Platted Building and Setback Lines: In cases where a building or setback line on a recorded subdivision plat is different than required by the applicable standard in this Chapter, whichever standard is greater shall apply.

   H.   Effect on Prior Plans. Nothing in this Chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Chapter and upon which building actual construction has been diligently carried on; provided that such building shall be completed within two (2) years from the date of passage of this Chapter.

   I.   Utility Lines and Extensions: Each detached single-family and attached single-family dwelling unit shall be served with its own water line, sanitary sewer line, sump pump line, if applicable, and other utility lines and extensions.

   J.   Screening Of Mechanical Equipment: All rooftop mechanical service equipment shall be fully screened from view in a manner to be determined the Development Administrator to ensure that screening is effective in limiting views from other properties and rights of way. Forms of screening may include but not be limited to: locating at center of principal structure, physical screening, or painting to match or blend in with the color of the building.

   K.   All Uses to be Conducted Indoors: All uses shall be conducted within completely enclosed buildings, unless otherwise permitted by this Chapter.

   L.   Frontage: All lots and parcels shall have frontage on a public or private street.

   M.   Alleys: Where an alley abuts the boundary of a public open space (such as a park, square, or greenbelt) a six feet (6') high Privacy Fence shall separate the alley from the public open space.

   N.   Outdoor Activities: The following regulations shall apply to accessory outdoor activities of principal uses allowed per this Chapter. These regulations are in addition to other requirements of the Zoning District in which the specified outdoor activity may be conducted and other relevant aspects of the City Code.

      1.   Location.

         a.   No activities specified in this Section (17.302.M. Outdoor Activities) may be located in the front or corner side yard, unless authorized by the Development Administrator to be within a corner side yard based on a unique characteristic of the property that makes meeting this requirement unworkable.

         b.   Activities specified in this Section (17.302.M. Outdoor Activities) shall be sited so as to be incorporated into the overall site, building, and landscape design of property such that the visual and acoustic impacts of these functions are located out of view from adjacent properties and public streets. Where meeting this location requirement is found unworkable due to unique site characteristics by the Development Administrator, the Development Administrator may authorize the use of fence or landscaping as screening materials to accomplish this intent.

      2.   Trash Enclosures:

         a.   Trash Enclosures shall be required to screen dumpsters and other waste/recycling receptacles or equipment in all Commercial and Industrial, Zoning Districts and all multi-family uses.

         b.   Where Trash Enclosures are installed, they shall provide three (3) sides of a solid wall or fence not less than six feet (6') nor greater than seven feet (7') in height, and a solid single or double access gate on the fourth side. If the Trash Enclosure is placed against a building wall, the building wall shall count as one of the three (3) side walls.

         c.   If the Trash Enclosure is a fence it shall be constructed with red cedar, redwood, cypress, or other decay resistant treated wood as authorized by the Development Administrator.

         d.   If a Trash Enclosure made of masonry material is located on a property with a principal structure constructed of masonry material, the material used to construct the Trash Enclosure shall match or complement materials of the principal structure.

         e.   The Trash Enclosure shall be located so as not to interfere with safe travel by vehicles, bicycles or pedestrians, nor shall it be located within the Sight Triangle.

         f.   The Trash Enclosure shall be used strictly for the confinement of refuse, recyclable material, and grease containers and shall not be used for the outdoor storage of other materials or equipment.

         g.   The owner of the property upon which the Trash Enclosure and refuse collection area is located shall be responsible for its maintenance.

         h.   The Trash Enclosure shall be of such size as is sufficient to encompass all containers, whether used for refuse, recycling, and/or grease.

         i.   Shared Trash Enclosure are encouraged among adjacent properties, where practical.

         j.   Areas for Trash Enclosure and refuse collection shall be located out of view from public streets and adjacent properties or screened as required by the Development Administrator to mitigate unsightly views.

      3.   Outdoor Storage:

         a.   Permitted: Outdoor Storage is permitted only in I-1, C-2, and C-3 and TCC Zoning Districts.

         b.   Regulation of Outdoor Storage Areas:

            (1)   Areas used for the Outdoor Storage shall be permanently defined and screened with walls and/or fences as required by this Subsection (17.302.M.3.b.), Article 6: Landscape and Tree Preservation, Article 2, Section 17.206: Site Plan Review, Article 10: Performance Standards and other applicable regulations of this Chapter.

            (2)   Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building, as shall be approved through requirements and processes of Article 2, Section 17.206: Site Plan Review.

            (3)   All Outdoor Storage shall be effectively screened and enclosed by a solid wall or fence at least six feet (6') in height. If materials to be stored outdoors are in excess of six feet (6') in height, then an eight foot (8') solid wall or fence shall be utilized and landscape screening shall be provided in accordance with Article 6: Landscaping and Tree Preservation of this Chapter so as to minimize such views.

            (4)   Areas for outdoor storage (including truck parking, loading areas, and similar activities) shall be located out of view from the public streets and screened as necessary to minimize such views.

      4.   Outdoor Sales and Display:

         a.   All outdoor sales and displays shall be conducted in keeping with Chapter 4: Commercial Occupancy and Activity Regulations in this Code for additional regulations.

         b.   Outdoor display of goods for sale, conducted as accessory to operation of a Gas/ Fueling Station or retail stores shall conform to the following:

            (1)   Be located and maintained on the property so as to ensure safe and secure use of properties and not create a nuisance.

            (2)   The area of the permitted outdoor accessory display may not exceed 10 percent of the indoor gross floor area of the related principal use on the same premises or 100 square feet (whichever is greater).

            (3)   The permitted outdoor accessory display of goods shall be for the purpose of direct retail sales only, not for storage. Such goods are a permitted on a temporary basis and are not allowed indefinitely.

      5.   Outdoor Dining:

         a.   Outdoor Dining is permitted only in the C-1, C-2, C-2a, TCB, and TCC and TIO districts.

         b.   Outdoor Dining may be authorized through a permit issued by the Development Administrator upon review of an application submitted to the Department of Community Development, on a form as approved by the City Attorney. A final determination regarding authorization shall be based on the standards of this Subsection (17.302.M.5.) and as otherwise set out in the City Code, and be provided within thirty (30) days of receipt of a complete application.

         c.   All Outdoor Dining shall be subject to the following conditions:

            (1)   Outdoor Dining is to be permitted on the same property as and accessory to the operation of a lawfully permitted restaurant.

            (2)   All tables, chairs and other appurtenances shall be constructed in such a manner that so as to be easily removed during winter months and/or if required by the City.

            (3)   The sale and consumption of alcoholic beverages shall be restricted by the liquor license governing the restaurant, and as otherwise regulated by Chapter 5: Liquor Control, of the City Code.

            (4)   The outdoor eating cafe shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity.

            (5)   Additional parking shall not be required for Outdoor Dining as regulated by this Subsection (17.302.M.5.).

            (6)   Outdoor Dining shall be permitted only between the hours of six o’clock (6:00) A.M. and eleven o’clock (11:00) P.M. unless otherwise approved by City Council.

            (7)   Outdoor Dining permits issued by the City shall be subject to an annual review and may be revoked at any time on thirty (30) days’ notice.

            (8)   An annual temporary business license in accordance with Chapter 4: Commercial Occupancy and Activity Regulations of the City Code shall be required.

            (9)   All Outdoor Dining shall comply with State of Illinois and DuPage County Health Code regulations;

            (10)   The following design criteria shall be applied to all Outdoor Dining applications:

               (A)   Canopies that are attached to the building will be permitted when in conformance with the applicable regulations outlined in this Code.

               (B)   All outdoor furnishings shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot.

               (C)   Outdoor furnishings materials and their color should be selected for continuous harmony and aesthetic quality with the adjoining buildings and streetscape. Materials shall be of durable quality such as wrought iron; light gauge materials like aluminum and plastics shall be generally discouraged. Weather resistant wood is allowed only as a secondary accent material.

               (D)   Colors should be harmonious; brilliant or bright colors shall be used only for accent.

               (E)   Materials and finishes shall be selected for their durability and wear as well as for their beauty. The table surface shall be smooth and easily cleanable. Proper measures shall be taken to correct damage or decline due to the elements, neglect or abuse.

               (F)   Devices incorporated to separate eating areas from pedestrian pathways such as fencing or planters, must conform to above standards of design.

            (11)   Outdoor Dining in a City Right of Way:

               (A)   Shall not reduce the open portion of the public sidewalk to less than five feet (5') clear of all obstructions (i.e., street lighting, benches, trees, trash receptacles, etc.);

               (B)   Shall not be permitted until the applicant enters into a lease of the right-of-way, signs a hold harmless agreement and submits to the City evidence of general liability insurance and dramshop insurance, in keeping with City and State requirements.

               (C)   All maintenance, upkeep and repair of any damage to the public right-of-way associated with the operation of the Outdoor Dining shall be the responsibility of the associated restaurant owner.

               (D)   Tables to be placed within the City’s rights-of-way shall not have a surface area greater than nine (9) square feet, be easily removable and in no way impede safe pedestrian movement.

   O.   Exterior Building Material Requirements.

      1.   New buildings, reconstructions, and replacements of existing structures shall be required to be constructed with a surface treatment which provides visual interest and architectural detailing.

      2.   New multi-family dwelling units, commercial, and industrial properties shall contain a minimum of fifty percent (50%) of materials such as brick, stone, textured concrete, or masonry on each elevation excluding dormers or openings for windows and doors and associated trim.

      3.   Building additions shall match or complement materials of the principal structure. (Ord. O-22-017, 5-19-2022; amd. Ord. O-24-032, 10-3-2024; Ord. O-26-07, 4-2-2026)

Certain principal or accessory uses of land may generate potential adverse impact to be mitigated. The installation and operation of uses and activities specified in this Section (17.303) shall meet the regulations indicated here, in addition to any conditions established as part of a Special Use Permit, as well as all relevant sections of the City Code.

   A.   Drive-thru Facilities.

      1.   Drive-thru facilities shall be allowed as Special Uses in zoning districts per Table 4-5 Permitted Use Table of this Chapter.

      2.   All drive-thru facilities shall be subject to the following additional conditions:

         a.   Outdoor speakers must be modulated so as not to disturb adjacent or nearby residences.

         b.   Drive-thru facilities shall be designed such that motor vehicle queuing spaces do not obstruct on site pedestrian and motor vehicle circulation, or interfere with pedestrian and motor vehicle circulation on adjacent public streets, sidewalks or properties.

         c.   No drive-thru facilities queuing space shall occupy the same space as a required off street parking space.

         d.   Every drive-thru facility, approved for construction after the effective date of this Ordinance, shall provide a minimum of six (6) motor vehicle queuing spaces per drive-thru lane; additional motor vehicle queuing spaces may be required by the Development Administrator if necessitated by the use and/or warranted by a traffic study.

         e.   Drive-thru facilities (drive lanes, ordering and product distribution functions) shall not be placed in the front of a building.

         f.   Any drive-thru facilities adjacent to a residential zoning district shall be screened with a minimum of a six (6) foot high Privacy Fence, landscaping of equal height, or combination thereof.

   B.   Car Washes.

      1.   Car Wash facilities shall be permitted in zoning districts per the Permitted Use Table (Table 4-5).

      2.   All car wash facilities shall be subject to the following additional conditions:

         a.   All washing activities shall be performed in a completely enclosed building.

         b.   Car washes shall be designed such that motor vehicle queuing spaces shall not obstruct on site pedestrian and motor vehicle circulation or interfere with pedestrian and motor vehicle circulation on adjacent public streets, sidewalks, or properties.

         c.   No car wash queuing space shall occupy the same space as a required off-street parking space.

         d.   All on site illumination shall be directed away from adjoining residential lots.

         e.   Any Car Wash adjacent to a residential zoning district shall be screened with a minimum of a six (6) foot high Privacy Fence, landscaping of equal height, or combination thereof. (Ord. O-22-017, 5-19-2022; amd. Ord. O- 26-07, 4-2-2026)

   The following temporary structures and uses of land shall be allowed in zoning districts per Table 4-5 Permitted Use Table of this Chapter, and shall be subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which it is located, and relevant elements of the City Code.

   A.   Temporary Structures: No temporary structure shall be built, established, moved, remodeled, altered or enlarged except as in keeping with this Section (17.304) and relevant aspects of the City Code.

      1.   Construction trailers and equipment sheds. Construction trailers and equipment sheds are permitted only on the premises of ongoing construction and shall conform to the following:

         a.   Are allowed only for the duration of the project while building permits are in effect and provided that such trailer or equipment shed is located on the premises undergoing construction.

         b.   No such trailer or shed shall contain sleeping accommodations or cooking facilities.

         c.   Such use shall be removed upon the lapse of building permits or issuance of the last occupancy certificate and shall be screened from public view with a fence or landscaping.

      2.   Portable storage containers shall conform to the following:

         a.   For the purpose of this Section (17.304), a portable storage container is any structure designed and intended to be moved from one location to another with or without its own frame and chassis and is intended for the temporary storage of personal property.

         b.   Only one portable storage container shall be permitted on a lot at any one time and not for longer than ninety (90) days.

         c.   Extensions of time may be granted by the Development Administrator in instances where the portable storage container is used in connection with (re)construction occurring on a lot but in no event shall the total elapsed time exceed ninety twenty (90) days.

      3.   Temporary Accessory Structures. Only one Temporary Accessory Structure shall be permitted on a lot at any one time and for no longer than ninety (90) days per calendar year. This requirement shall not apply to Special Events regulated by Chapter 19.

   B.   Temporary Uses.

      1.   Christmas tree sales shall conform to the following:

         a.   Shall be located on a lot of not less than 20,000 square feet.

         b.   May operate for a period not to exceed forty (40) days.

         c.   Need not comply with the yard requirements of this Chapter, provided that no trees shall be displayed within ten feet (10') of any driveway or street right-of-way or within thirty feet (30') of the intersection of the rights-of-way of any two (2) streets.

      2.   Circuses and carnivals shall conform to the following:

         a.   Shall not be in operation for a period to exceed one week.

         b.   Shall be installed and maintained so as to not pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property.

         c.   May not be located in any residential district, except on park, church, or school property.

         d.   Shall comply with the yard requirements of the Zoning District in which it is located.

      3.   Garage sales, yard sales, estate sales, house auctions and similar functions shall conform to the following:

         a.   Shall be confined to private property;

         b.   For properties in a residential zoning district shall not to exceed a total six (6) days in a calendar year.

      4.   Sidewalk sales shall conform to the following:

         a.   May be conducted only in a Commercial Zoning District.

         b.   May only display or sell goods incidental to the business(es) located on the same property.

         c.   Shall be conducted in conjunction with a special event or promotion that is related to or sponsored by the business(es) on the lot and conducted adjacent to the entrance of said business(es).

         d.   May occur for a period not to exceed four (4) days and not occur more than three (3) times in a calendar year.

      5.   Subdivision or model home sales offices shall conform to the following

         a.   May be located in a trailer or in a model home on the premises.

         b.   Must be incidental to a new housing development.

         c.   May not be used for sleeping or cooking purposes.

         d.   May continue only until all dwelling units in the development have been sold or leased.

         e.   Fences located on lots used for subdivision sales offices and model homes shall comply with the provisions of Section 17.3010 Fences of this Article, and shall conform to the following:

            (1)   Points of access shall be provided, as required by the Development Administrator, for emergency personnel, equipment and vehicles

            (2)   Fences used to control and direct sales pedestrian traffic may exceed the maximum height for fences in the yard in which they are located, as may be allowed by the Development Administrator, to ensure safety and security of the premises and visitors.

            (3)   The Development Administrator may require a fence plan for the sales area prior to issuing a zoning certificate to ensure safety and security of the premises and visitors.

(Ord. O-22-017, 5-19-2022; amd. Ord. O-22-030, 11-17-2022; Ord. O-25-011, 3-20-2025)

   A.   General Standards: No Accessory Structure or Accessory Use shall be built, moved or remodeled, established, altered or enlarged unless in keeping with the requirements of this Section (17.305), this Chapter and the City Code. Accessory uses are permitted in any zoning district in connection with any principal use that is permitted within such district.

   B.   Accessory Structures and Uses Limitations and Conditions. Each Accessory Structure and Accessory Use shall comply with the following:

      1.   No accessory structure or use shall be constructed, occupied or established on any lot prior to the completion of the principal structure to which it is accessory.

      2.   No accessory structure or use shall be permitted in any yard unless it is a permitted yard encroachment as provided in Table 3-1: Permitted Yard Encroachments.

      3.   Accessory Structures and Uses (including any permitted Outdoor storage) shall be maintained in such a manner so as to prevent the overgrowth of weeds, grasses and other obnoxious plant material.

      4.   On a corner lot occupied by a principal residential structure that is legally nonconforming with respect to the corner side yard setbacks, accessory uses and structures may be located in said corner side yard provided they maintain the same setback as the principal residential structure.

      5.   No Accessory Structure or Use, except fences, shall be constructed, occupied or established on any public utility, drainage, or pipeline easement, except with the written permission of the City and all utility companies having rights to use the easement.

      6.   No accessory structure shall be located in any floodplain.

      7.   The total area of permeable pavers, artificial turf, or other permeable surfaces shall not exceed 40% of any individual front, rear, side, or corner side yard. This limitation applies only to accessory structures or uses established, constructed, or modified after the effective date of this ordinance.

   C.   Permitted Yard Encroachments:

      1.   Accessory Structures and Uses may be permitted in established yards as indicated with a “P” in Table 3-1: Permitted Yard Encroachments..

      2.   Accessory structures and uses not listed in Table 3-1: Permitted Yard Encroachments shall be prohibited as in yards.

 

   D.   Additional Bulk Regulations for Accessory Structures:

      1.   Except as otherwise provided by this Chapter, all accessory structures and uses shall observe the bulk regulations of the district in which they are located, provided that Accessory Structures, including but not limited to porches, balconies and decks attached to the principal building, shall be considered part of the principal building and shall comply with the required yards for the principal structure, unless otherwise allowed.

Figure 3-2: Yard Requirements for Attached and Detached Accessory Structures

      2.   Detached Accessory Structures, Except Fences, Walls, Driveways, and Sidewalks:

         a.   Minimum rear and side yard: Detached accessory structures, shall be located at least five feet (5') from any side or rear lot line, or ten feet (10') from the centerline of the adjacent alley, if one exists. In no case shall an accessory structure be permitted in any public utility or drainage or access easement.

         b.   Maximum structure height: Detached accessory structures shall be no greater than fifteen feet (15') in height, except as provided otherwise in this Section (17.305).

         c.   Minimum building separation:

            (1)   Detached accessory structure may be located closer than ten feet (10') to the principal structure, except as provided otherwise in this Subsection (17.305.D.) or required by Chapter 12: Building Code of this Code.

            (2)   No minimum building separation is required between accessory structures, except as otherwise required by Chapter 12: Building Code of this Code.

      3.   Swimming Pools, Hot Tubs, And Outdoor Spas:

         a.   Swimming pools, hot tubs or outdoor spas and any deck attached thereto, may be located no closer than five feet (5') to any fence or property line.

         b.   Swimming pools, hot tubs and outdoor spas shall be set back from all overhead electric distribution, aboveground service utility transformer, pedestal, meter, and any buried electric distribution or service utility line as required by Chapter 12: Building Code of this Code.

         c.   All swimming pools, hot tubs, and outdoor spas, hereinafter referred to as "pool", shall provide adequate enclosure when not in use or supervised. Said enclosure shall comply with Building Code regulations as identified in Chapter 12: Building Code of this Code.

         d.   In ground pools, hot tubs, and outdoor spas shall count towards impervious lot coverage, however, above ground swimming pools shall not count towards lot coverage.

      4.   Detached Garages and Carports: In addition to the other requirements of this Section 17.305 Accessory Structures and Uses detached garages and carports shall be permitted in single family residential districts (R-1, R-2, R-3, and R-4) comply with the following:

            Maximum area: One thousand (1,000) square feet or ten percent (10%) of the lot area, whichever is less.

         a.   Maximum number: One per single-family lot.

         b.   Access: A continuous hard dust free surface shall be provided between any garage or carport and the adjoining public right-of-way or alley.

         c.   Maximum height: Seventeen feet (17') to the peak of a pitched roof. Garages with a flat roof shall be no higher than thirteen feet (13').

      5.   Porte-Cocheres and Attached Carports: In addition to the requirements of this Section 17.305 Accessory Structures and Uses, porte-cocheres and attached carports shall comply with the following:

         a.   Number: One porte-cochere or carport (attached or detached) shall be permitted per Zoning Lot.

         b.   Maximum Height: The top of the porte-cochere or attached carport shall not be higher than the lowest eave line of the wall to which it is attached.

         c.   Yards: A porte-cochere or attached carport may extend into a required yard provided that it has no solid wall, other than the wall of the principal building to which it is attached, and is open to the elements year round.

         d.   Roof: The roof of a porte-cochere may be used as a deck, but shall not be enclosed and used as habitable space if the porte-cochere is located in a required yard.

      6.   Accessory structures (such as tool, garden storage sheds, gazebos, cabanas and other accessory structures not otherwise specified in Section 17.305 Accessory Structures and Uses shall comply with the following:

         a.   Maximum area: Combined square footage of all accessory structures, excluding flatwork such as driveways and sidewalks, shall not exceed twelve percent (12%) of the lot area.

         b.   Maximum number: One such structure may be permitted per Zoning Lot.

   E.   Bed and breakfasts and short-term rentals:

      1.   Bed and Breakfast. Bed and Breakfast establishments do not include motels, hotels, boarding houses, or food service establishments.

         a.   The Bed and Breakfast must be residential in nature and comply with the Home Occupation regulations of this Chapter.

         b.   No more than three (3) guest bedrooms are allowed.

         c.   Guest stays shall not exceed more than ten (10) nights in a 12-month period.

         d.   Breakfast may be provided to the guests only.

         e.   One (1) off-street, non-tandem parking space is required per bedroom; in addition to otherwise required off-street parking.

         f.   The operator of the Bed & Breakfast shall live on the premises.

      2.   Short Term Rental/Lodging. (i.e. AirBnB, Vacation Rentals)

         a.   Short term rentals are regulated by Chapter 6 Public Health and Safety, Article XVI Residential Rental Property.

         b.   The owner must apply for and obtain a residential rental property registration. .

   F.   Sustainable energy systems:

      1.   Solar Energy Systems (SES): Purpose: The purpose of this Section (17.305.F.1.) is to encourage safe and efficient use of solar energy and reduce the use and impact of fossil fuels. The Section (17.305.F.1.) also seeks to ensure that Solar Energy Systems are compatible in character and appearance with the principal structure and surrounding area in which they are located.

         a.   General Provision:

            (1)   SES are permitted as an accessory structure mounted to a principal or other accessory structure.

            (2)   SES shall be subject to the development standards specified in this Section (17.305.F.1.) and other City Code requirements.

            (3)   Energy produced by SES shall be used on site, except that surplus energy may be delivered to the power grid.

            (4)   Solar panels may only be located on the roof of a structure and shall be mounted flush with the slope of the roof.

            (5)   Solar shingles are permitted and shall be integral to the roof of the structure on which they are installed.

            (6)   Solar collection devices may not extend beyond the roof edge or the exterior perimeter of a structure.

            (7)   Solar collection devices may not be located on the vertical portion of a mansard roof.

            (8)   SES shall be subject to the yard, height and any other bulk requirements of the zoning district in which it is located.

            (9)   Ground mounted solar panels or SES are prohibited.

         b.   Appearance and Materials: Solar energy systems shall be neutral in color and generally matching the roof color of the principal structure. All such devices shall have the following characteristics:

            (1)   Not be plastic or other non-UV stable material.

            (2)   Include frames, where applicable, of anodized aluminum or painted steel.

            (3)   Where devices are encased with glass, the glass shall be nonreflective tempered glass.

            (4)   Solar panels must be placed so that concentrated solar radiation or glare is not directed onto any nearby properties or roadways.

         c.   Height: SES shall be subject to the following height requirements:

            (1)   SES shall not exceed the maximum structure height requirements for the district in which they are located.

            (2)   SES on sloped roofs shall not exceed the highest point of roof on which they are mounted.

            (3)   SES located on sloped roof buildings shall not extend beyond one foot (1') above the roof surface at any point in residential zoning districts and fifteen inches (15") for all other zoning districts.

            (4)   SES located on flat roofed buildings shall not extend beyond two feet (2') in overall height above the roof on which they are mounted in residential zoning districts or eight feet (8') in all other districts. In no case shall solar collection devises extend above the parapet wall of the structure.

      2.   Wind Energy Systems (WES):

         a.   Purpose: The purpose of this Section (17.305.F.2.) is to encourage safe and efficient use of wind energy and reduce the use and impact of fossil fuels. The Section (17.305.F.2.) also seeks to ensure that Wind Energy Systems are compatible in character and appearance with the principal structure and surrounding area in which they are located.

         b.   General Provisions: Wind energy systems are permitted as an accessory structure to a principal Permitted or Special Use subject to the standards of this Section (17.305.F.2.) on and the City Code.

         c.   No more than one WES is permitted per residential zoning lot.

         d.   No more than one WES is permitted per Commercial or Industrially zoned properties, unless approved as a Special Use.

         e.   WES may be permitted on a Commercial or Industrially zoned property adjacent to a residential zoning lot only upon approval by as a Special Use.

         f.   WES structures shall comply with all regulations of the City Code regarding their construction, design, operation and maintenance.

         g.   Energy produced by WES shall be used on site, except that surplus energy may be delivered to the power grid.

         h.   WES shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.

         i.   As part of a building permit submitted for a WES, a statement and evidence shall be provided by the applicant that the proposed WES will not adversely impact adjacent properties.

         j.   In no event shall the noise level produced by a WES continuously exceed sixty-five (65) decibels as measured at the property line.

         k.   No WES shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The City may revoke any permit for a WES system should electromagnetic interference from the WES be evident and cannot be corrected.

         l.   WES shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority.

         m.   All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components.

         n.   Abandonment: If a WES is inoperable or abandoned for a period of six (6) consecutive months; the owner may be notified by the City that the energy system must either be repaired or removed within an established cure period.

         o.   Rooftop mounted WES:

            (1)   Rooftop mounted WES shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WES, whichever is greater.

            (2)   Rooftop mounted WES shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WES, whichever is greater.

         p.   Ground mounted WES:

            (1)   Ground mounted WES shall be allowed only in the Industrial zoning district, after having received approval by as a Special Use.

            (2)   Ground mounted WES shall be permitted only in a rear yard.

         q.   The WES tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WES is located or be set back a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground.

         r.   A WES tower shall be set back a minimum of twenty feet (20') from any principal structure on the property.

         s.   The maximum permissible height of a WES tower shall not exceed seventy feet (70').

         t.   Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground.

         u.   All climbing apparatus affixed to a WES tower shall terminate twelve feet (12') short of ground level.

         v.   All WES facilities shall be surrounded by a six foot (6') high safety fence.

         w.   All WEC towers shall be constructed with an approved concrete foundation.

      3.   Electric Vehicle Charging Stations (EVCS):

         a.   Purpose: The purpose of this Section (17.305.F.3.) is to encourage safe and efficient use of electric vehicles in the City of Wood Dale to reduce the use and impact of fossil fuels. The below provisions also seek to ensure the appearance of Electric Vehicle Charging Stations are compatible with the character of the principal structure and surrounding neighborhood.

         b.   General Provisions: Electric vehicle charging stations are permitted as an accessory structure to a principal permitted or Special Use in Commercial, Industrial, or Multifamily Residential zoning districts. The accessory structure requirements in this section shall not apply to EV charging equipment installed on properties zoned for Single-Family Residential.

         c.   Location: Electric vehicle charging station equipment shall not block any public right-of-way. If located within a parking lot, electric vehicle charging stations shall not impede the movement or site access for motor vehicles, pedestrians, bicyclists, or any other road user.

         d.   Signage: Signage shall be regulated by Sec. 13.309.

         e.   Parking: Charging station spaces reserved only tor electric vehicles may be included in the overall calculation of minimum parking spaces required for the primary use by this Chapter, provided that such charging station spaces do not:

            (1)   Account for more than 10% of the minimum required number of on-site parking spaces. Subject to the conditions of this Article, additional charging station spaces may be constructed but they will not count towards the minimum parking requirement.

            (2)   Reduce the dimensions of adjoining spaces or the parking aisle or reduce the number of available spaces below the minimum required by Article V Off Street Parking and Loading.

            (3)   Accessibility: If any EV charging stations are constructed in non-single family residential districts, a minimum of one accessible charging station with an adjacent accessible parking space shall be installed per development in compliance with all local, state, and federal accessibility requirements. Accessible charging stations are not required to be designated tor exclusive use of persons with disabilities, unless required to meet the overall minimum number accessible parking spaces per [Sec.17.502.G] Accessible Parking.

         f.   Screening: Charging station equipment must be screened from adjacent properties and the right-of-way with native ornamental grasses that are sufficiently tall and dense, as feasible. Documentation providing the rationale tor screening that is not feasible shall be submitted by the installer and approved by the Director of Community Development.

         g.   Pavement Marking: Lettering that states "EV Charging" or "EV Charging Only" and any marking to delineate accessible spaces, shall be the only pavement marking permitted to identify charging station spaces.

         h..   Equipment Protection: All equipment shall be protected via curbing, bollards, or similar protective structure or device.

(Ord. O-22-017, 5-19-2022; amd. Ord. O-24-032, 10-3-2024; Ord. O-25-11, 3-20-2025; amd. Ord. O-26-07, 4-2-2026)

   A.   Purpose. Home based businesses are accessory to principal residential uses and a necessary and desirable part of the City. The regulations in this Section (17.306) seek to avoid deleterious effects of such activities on the value, use and enjoyment of adjoining property and the overall neighborhood by:

      1.   Ensuring compatibility of home-based businesses with nearly residences;

      2.   Maintaining and preserving neighborhood character;

      3.   Promoting the efficient use of public services and facilities so to be in keeping with those common to a residential area; and

      4.   Preventing generation of vehicular or pedestrian traffic greater and more impactful than generally expected in a residential neighborhood.

   B.    Standards for Operating Home Based Businesses. In addition to meeting all applicable standards of the Zoning District in which it is located and other elements of the City Code, a home based business shall comply with the following:

      1.   Primary Residence: The owner or operator of a home-based business shall be a full-time resident of the dwelling unit.

      2.   Employees:

         a.   No more than two (2) employees who are not domiciled in the dwelling unit where a home based business is conducted shall be present at the dwelling in connection with, or otherwise participate in the operation of a home based business at any one time.

         b.    The term “employees” shall not include persons domiciled in the dwelling unit where such a home based business is conducted.

         c.   The home based business location may not be used for employees to congregate, park vehicles, or transfer vehicles in order to conduct business at a different location.

      3.   Area Limitation: No more than twenty five percent (25%) of the area of the principal dwelling unit and any accessory structures shall be devoted to the home based business.

      4.   Exterior Appearance: There shall be no activity, structure, signs, or other exterior evidence that the dwelling unit is being used for any nonresidential purpose in order to conduct the home based business.

      5.   Equipment: No mechanical or electrical equipment may be used except such types as are customary for purely domestic or household or used in a manner to indicate that the structure is being used for a nonresidential purpose. Furthermore, no equipment which creates noise vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district shall be used in such home based business.

      6.   Outside Storage: There shall be no storage outside a principal building or accessory structure of equipment, materials or products used in the home based business.

      7.   Vehicle Storage: All commercial vehicles must be stored in accordance with provisions for Section 17.505 Commercial and Recreational Vehicle Parking Regulations in of this Chapter.

      8.   Outdoor Business Operations: The home based business shall be conducted entirely within the principal residential building or in a private garage accessory thereto.

      9.   Character: The home based business shall be conducted in a manner which does not cause the premises to differ from its residential character either by use of colors, materials, lighting, or the emission of sounds, noises, or vibrations.

      10.   Traffic Impact: The home based business shall not have an adverse effect on the neighborhood by creating congestion on or deterioration of public streets.

      11.   Customer Sales and Pick Up: Direct sales of products produced in relation to the home based business from the dwelling unit are prohibited.

      12.   Displays: No article or stock in trade shall be displayed such that it is visible from the exterior of the dwelling unit.

      13.   Parking: The conduct of the home based business shall not require more vehicle parking space than exists on the residential driveway on the property, or on assigned parking spaces serving the dwelling unit.

      14.   Human/Animal Care Services: home based business involving human or animal care services shall be limited to no more than one client at a time, unless otherwise specified in this Chapter. (Ord. O-22-017, 5-19-2022)

In addition to the requirements of Section 4.308 and other applicable elements of the City Code, all Adult Entertainment Establishments shall be subject to the following restrictions:

   A.   No adult use shall be allowed within 500 feet of another existing adult use.

   B.   No adult use shall be located within 1,000 feet of any zoning district which is zoned for a residential use.

   C.   No adult use shall be located within 1,000 feet of a preexisting school or place of worship.

   D.   No adult use shall be conducted in any manner that permits the observation of any materials depicting, describing or relating to “specified anatomical areas” or “specified sexual activities”, from any public way. This shall apply to any display, decoration, sign, show window or other opening. (Ord. O-22-017, 5-19-2022)

   A.   Recreational cannabis dispensaries

      1.   Purpose and Applicability: It is the intent and purpose of this Section 17.308.A to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the City of Wood Dale. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

      2.   Recreational cannabis dispensaries shall be subject to the following regulations:

         a.   Dispensaries may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         b.   No dispensaries shall be located, established, maintained, or operated on property zoned for residential use, in a house, apartment, or condominium, or on any lot that has a property line within 1,000 feet of the property line of any pre-existing school.

         c.   All product storage, display, and sales must be conducted inside an enclosed building.

         d.   Drive-through and window sales are prohibited.

         e.   No cannabis odor shall be detectable outside of any Dispensary.

         f.   Display of cannabis products or paraphernalia must not be visible from sidewalks, public or private rights-of-way, or from a lot other than the lot on which the dispensary is located.

         g.   The number of dispensaries shall be limited through the issuance of the Commercial Occupancy Certificate, per Chapter 4 of the Municipal Code.

         h.   Applicants must submit a complete copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their application. Before issuance of a Certificate of Commercial Occupancy or otherwise opening to the public, dispensaries must provide a copy of their license to operate as a Recreational Cannabis Dispensary from the appropriate state agency.

         i.   Consumption of cannabis products is prohibited on dispensary premises.

         j.   There shall be no more than one public entrance to the business.

         k.   Signage shall be regulated by Sec. 13.602.B.11.

         l.   Cannabis dispensing facilities shall only operate between the hours of 6:00 a.m. and 10:00 p.m.

         m.   An operation plan must be submitted. An operation plan must include, but is not limited to, the security measures that will be provided such as exterior lighting, security cameras, and hours of operation.

   B.   Recreational cannabis cultivation centers, cannabis craft growers, cannabis infusers, cannabis transporters, cannabis processers, and on-premises cannabis consumption establishments are prohibited.

   C.   Medical cannabis dispensaries.

      1.   Purpose and Applicability: It is the intent and purpose of this Section 17.308.C to provide regulations regarding the dispensing of medical cannabis occurring within the corporate limits of the City of Wood Dale. Such facilities shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Program Act (P.A. 101-363), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

      2.   Medical cannabis dispensaries shall be subject to the following regulations:

         a.   Compliance with state law and regulations. Medical cannabis dispensing facilities shall comply with the requirements of the Compassionate Use of Medical Cannabis Program Act (P.A. 101-363, et seq.) and all regulations promulgated thereunder, as may be amended from time to time.

         b.   All medical cannabis dispensaries shall also meet the regulations for recreational cannabis dispensaries listed in Sec. 17.308.A.

   D.   Medical Cannabis Cultivation Centers.

      1.   In determining the compliance of a proposed medical cannabis cultivation center, the following components of the medical cannabis cultivation center shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:

      2.   The issuance or absence of issuance of a valid registration as a medical cannabis cultivation center by the Illinois Department of Agriculture to the proposed medical cannabis cultivation center.

      3.   The existence, if any, of a medical cannabis cultivation center located within the Illinois State Police District within which the City of Wood Dale is located.

      4.   The existence, if any, of a medical cannabis cultivation center located within the City of Wood Dale.

      5.   Compliance by the medical cannabis cultivation center with the following restrictions:

         a.   Compliance with state law and regulations. Medical cannabis cultivation centers shall comply with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and all regulations promulgated thereunder, as may be amended from time to time.

         b.   Single-use property. Medical cannabis cultivation centers shall not be established in multiple use or multi-tenant properties or on a property that shares parking with other uses.

         c.   Minimum distance from incompatible uses. No medical cannabis cultivation center shall be located, established, maintained, or operated on any lot that has a property line within 2,500 feet of the property line of any of the following uses:

            (1)   A pre-existing public or private preschool or elementary or secondary school; or

            (2)   A pre-existing day care center, day care home, group day care home or part day childcare facility.

         d.   Measurement. For the purposes of this Section (17.308.B.), distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis cultivation center is located to the nearest point on a property line of a use listed in Subsection (17.308.B.4.c.), above.

         e.   Retail sales prohibited. Medical cannabis cultivation centers shall not conduct any retail sales.

         f.   An operation plan must be submitted. An operation plan must include, but is not limited to, the security measures that will be provided such as exterior lighting, security cameras, and hours of operation.

         g.   Drive-through facilities are prohibited.

         h.   No outdoor, window, or on-site media display of merchandise and/or products related to a cultivation center allowed.

         i.   No exterior signage that includes the words “marijuana,” “cannabis,” or any related word or symbol. (Ord. O-22-017, 5-19-2022; amd. Ord. O-24-002, 2-15-2024)

   A.   Licensure. Where a Community Residence or a Community Residence’s operator is required to be licensed or certified by a State of Illinois agency or department, the applicant shall: a) provide the City proof of such licensure or certification; and b) maintain at all times a current and valid license or certificate. The Development Administrator may revoke a certificate of occupancy for a Community Residence if its license or certification is revoked. A Community Residence that is not licensed or certified by the State of Illinois may only be established if a Special Use permit is approved in accordance with this Chapter.

   B.   Occupancy. Full time staff shall be included when determining the number of individuals that may occupy a Community Residence pursuant to the building code. For the purposes of this Section (17.309), “full time staff” shall mean staff that occupies the residence overnight.

   C.   Location. No Community Residence may be located within 660 feet of an existing or approved Community Residence, as measure from lot line to lot line, except when a Special Use permit is approved in accordance with this Chapter. (Ord. O-22-017, 5-19-2022)

   A.    Fence Requirements:

      1.   Applicability. All fences must be erected and maintained in conformance with the requirements of this Chapter and other applicable elements of the Wood Dale City Code.

      2.   Permits Required. A permit issued by the Development Administrator is required to erect or alter any fence within the City.

      3.   Existing Fencing. Fences legally constructed prior to the effective date of this Chapter, shall be allowed to continue; provided, however, that replacement of fencing shall conform to provisions of this Chapter.

      4.   Location: Fences shall be located entirely on the lot of the property owner constructing the fence.

      5.   Placement: The finished side of the fence must face out from the property on which it is constructed.

      6.   Surface Drainage: No fence may be constructed or maintained in such a manner as to obstruct, inhibit, impair or otherwise alter overland surface drainage across any adjoining lot.

      7.   Easements: Fences may be located on public utility and drainage easements, provided they are raised at least six inches (6") above grade in the case of drainage easements to prevent obstruction to the flow of water. The City and the public utility companies having rights to use said easement shall have the right to remove said fence to construct, repair or maintain utility facilities with no obligation to replace or restore said fence, unless so stated in the governing easement document. It shall be the obligation of the property owner to locate all utilities prior to constructing a fence.

      8.   Back-to-Back Fences. If an existing fence is located on a common property line, a new fence installed along the area of that property line shall be located within one foot off that property line, entirely on the property for which the new fence is being installed.

      9.   Exemptions: The provisions of this Section (17.3010) shall not apply to the following:

         a.   Fences constructed for the safety of children on park or school playgrounds.

         b.   Planting material used in the nature of a fence, subject to the Sight Triangle, as described in Section 17.302.E. of this Article.

         c.   Fences constructed at public utility locations owned and operated by governmental agencies. Such fences shall require issuance of a building permit and shall have the proposed location and materials approved by the Development Administrator to evaluate safety prior to installation.

      10.   Chain link fences shall not be located in or abutting a Front Yard or a Corner Side Yard, except that a chain link fence may be located in a front or side yard provided they are at or behind a line extending from the front building line of the principal structure.

      11.   No fences are allowed in Front Yards or Corner Side Yards except for Decorative Fences no greater than three feet (3') in height.

      12.   Fence Inserts: Privacy insert strips may be used in chain link fences provided all of the inserts are of the same color and the inserts are kept in good repair and appearance.

      13.   Knee Walls and Retaining Walls may be allowed as permitted encroachments in Front Yards per Section 17.305.C.

      14.   Fencing regulations are specified for Outdoor Storage in Section 17.302.M.3. and/or Trash Enclosures in Section 17.302.M.2.

   B.   Permitted Fences.

      1.   Categories: For the purpose of this Section, there shall be two (2) categories of permitted fences in Wood Dale: Decorative (Open) and Privacy (Solid). Said fences shall be constructed as directed by the standards of this Section, the Fence Placement Diagram (Figure 3-3) and the Fence Height Table (Table 3-2)

      2.   Requirements for All Fences:

         a.   All fences shall be located at or behind a line extending from the front wall of the principal structure (see Figure 3-3: Fence Placement Diagram), unless otherwise specified in this Chapter.

         b.   Decorative Fences up to three feet (3') in height above the ground level shall be allowed in any yard of any zoning district.

      3.   Fences allowed in R-1, R-2, R-3, R-4, RG Districts, and residential uses in other Districts:

         a.   Decorative and Privacy Fences not exceeding six feet (6') in height above the ground level where installed shall be allowed at or behind a line extending from the front wall of the principal structure., in Rear Yards, Side Yards, and Corner Side Yards only, unless otherwise specified in this chapter.

         b.   Decorative or Privacy Fences not exceeding six feet (6') in height above the ground level where installed may be located in a Corner Side Yard only when:

            (1)   In the case of a Corner Side Yard abutting the Corner Side Yard of an adjacent corner lot property, the fence may extend from the rear wall of the principal structure directly to the Corner Side property line; or

         (2)   In the case of a Corner Side Yard abutting the Front Yard of an adjacent property, the fence may extend from the rear of the principal structure directly to the Rear Lot Line of the property, but may not extend beyond the front wall of a principal structure on the adjacent property.

      4.   Fences in C-1, C-2, C-2a, C-3 and I-1 Districts, and nonresidential uses in other Districts: Decorative and Privacy Fences not exceeding eight feet (8') in height above the ground level where installed shall be allowed at or behind a line extending from the front wall of the principal structure in Rear Yards and Side Yards only.

 

 

Figure 3-3: Fence Placement Diagram

   C.   Prohibited Fences.

      1.   Fences and related appurtenances that impair public safety, including but not limited to, interfering with or obstructing visibility for persons using any streets, sidewalks or driveways.

      2.   Fences located within the Sight Triangle, as described in Section 17.302.E. of this Article.

      3.   Fences constructed in whole or in part of spikes, glass, protruding nails, or other sharp or pointed material of any kind.

      4.   Chain link fences with barbed ends up.

      5.   Snow fences, except for the exclusive control of windblown snow between November 1 and March 31 and erected by State or local highway authorities, or used exclusively for protection devices at excavation sites.

      6.   Fences constructed of less than 9-gauge wire.

      7.   Fences composed in whole or part of barbed wire or razor wire, or with any similar materials designated to cause injury to persons. (EXCEPTIONS: In protection of industrial property barbed wire is allowed but, must be at least six feet above the existing grade and extend inward of property.

      8.   Electric fences or fences charged with electrical current.

(Ord. O-22-017, 5-19-2022; amd. Ord. O-22-030, 11-17-2022; Ord. O-25-11, 3-20-2025)

   A.   Purpose. The City has experienced a proliferation of collection containers and their placement in required parking spaces, required landscaped areas, and residential zoning districts, often without the property owner’s permission. The proliferation of these containers has contributed to visual clutter, blight due to graffiti and poor maintenance, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper management of the City’s waste stream. The purpose of these regulations is to promote the health, safety, and welfare of the public, and protect the property rights of the owners of the parcels on which the collection containers are located, by providing minimum blight-related performance standards for the operation of collection containers, including establishing criteria to ensure that: (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight, (3) the collection containers are maintained in sanitary conditions, (4) the collection containers are not placed without the approval of property owners, and (5) that contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns. This Section (17.3011) regulates the size, number, placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes.

   B.   Permit Required; exceptions.

      1.   It is unlawful to place, operate, maintain or allow a collection container on any real property unless the property owner and operator of the collection container first obtains a permit from the City.

      2.   An application for a collection container will be processed as ministerial action in accordance with this Section. The Development Administrator will be the decision maker, subject to this Chapter’s appeal process.

   C.   Application.

      1.   The permit application will be made on a form provided by the Development Administrator, and include:

         a.   The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

         b.   A non-refundable application fee as listed in the Master Fee Schedule;

         c.   The name, address, email, website (if available) and telephone number of the operator of the collection container and property owner on which the collection container is to be located, including 24-hour contact information;

         d.   A vicinity map showing:

            (1)   The proposed location of the collection container;

            (2)   The distance between the proposed location and all existing collection containers within 500 feet of the proposed location, as measured from lot line to lot line; and

            (3)   The distance between the proposed location and all residentially-zoned property within 500 feet of the proposed location, as measured from lot line to lot line.

         e.   Photographs of the location and adjacent properties;

         f.   A site plan containing;

            (1)   Location and dimensions of all parcel boundaries;

            (2)   Location of all buildings;

            (3)   Proposed collection container location;

            (4)   Distance between the proposed collection container and parcel lines and buildings; and

            (5)   Location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking;

         g.   Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this Section to be placed on the collection container and notice sign;

         h.   A description and/or diagram of the proposed locking mechanism of the collection container;

         i.   A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the collection container); and

         j.   Any other information regarding time, place, and manner of the collection container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this Section.

      2.   Permit expiration and renewal. A permit issued under this Section will expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the zoning administrator, and include:

         a.   The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

         b.   A non-refundable application fee in an amount as listed in the Master Fee Schedule;

         c.   Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;

         d.   A detailed description of any changes to the information submitted on the previous application; and

         e.   Any other information regarding time, place, and manner of the collection container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this Section.

   D.   Decision on application.

      1.   The Development Administrator will approve or deny an application within 60 days of the receipt of a completed application. If the Development Administrator fails to take action on the application within the required 60 days, the application shall be deemed approved.

      2.   The Development Administrator will approve the application if all of the following are true; otherwise the Development Administrator may deny the application:

         a.   The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;

         b.   The property on which the collection container is to be located has been free of graffiti, as defined by the City of Wood Dale Municipal Code, for at least six months prior to the submission of the application, as evidenced by City records for the property;

         c.   The property on which the collection container is to be located has been free of any conditions constituting a nuisance, as defined by the City of Wood Dale Municipal Code, for at least six months prior to submission of the application, as evidenced by City records for the property;

         d.   The applicant is neither currently in violation of, nor has not been found in violation of this Section within one year prior to submission of the application; and

         e.   The application will be in compliance with all of the applicable provisions of this Section.

            (1)   The Development Administrator will mail written notice to the applicant of the Development Administrator’s decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, or approved subject to conditions, the notice will set forth the reasons for the denial or conditions, as well as the facts supporting the Development Administrator’ reasons.

            (2)   The decision of the Development Administrator will be final, subject to this Chapter’s appeal provisions.

   E.   Standards.

      1.   Location.

         a.   No collection container may be located within 500 feet from any other collection container, as measured from lot line to lot line.

         b.   No collection container may be located in a residential zoning district.

         c.   No collection container may be located within 500 feet of a parcel in a residential zoning district, as measured from lot line to lot line.

         d.   No collection container will be located on or within:

            (1)   The public right-of-way, including sidewalks;

            (2)   Area designated for landscaping;

         e.   No collection container will be located in or block or impede access to any:

            (1)   Required parking or driveway areas;

            (2)   Pedestrian routes;

            (3)   Emergency vehicle routes;

            (4)   Building ingress and egress;

            (5)   Required disabled access routes;

            (6)   Required or recorded easements;

            (7)   Trash enclosure areas or access to trash bins or trash enclosures; or

            (8)   Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

         f.   No more than one collection container will be located on any individual zoning lot.

         g.   No collection container will be located within the Site Triangle of any intersection, or within any required yard or setback.

      2.   Physical attributes.

         a.   All collection containers must:

            (1)   Be fabricated of durable and waterproof materials;

            (2)   Be placed on a level impervious surface;

            (3)   Have a tamper-resistant locking mechanism for all collection openings;

            (4)   Not be electrically or hydraulically powered or otherwise mechanized; and

            (5)   Not be considered a fixture of the site or an improvement to real property.

         b.   Collection containers may not exceed six and one-half-feet in height, five feet in width and five feet in depth.

         c.   Signage on collection containers will not exceed five-inch letter height. Collection containers must have the following information conspicuously displayed in at least two-inch type visible from the front of the collection container:

            (1)   The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the permittee, the operator of the collection container, and the owner of the real property;

            (2)   The type of material that may be deposited; and

            (3).   A notice stating that it is strictly prohibited to leave any materials outside the collection container.

      3.   Maintenance and operation.

         a.   No overflow collection items, litter, debris or dumped materials will be allowed to accumulate within 20 feet of any collection container.

         b.   Collection containers will be maintained at all times in good working order, and at all times free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

         c.   Collection containers will be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected materials, and removal of any graffiti, litter, or nuisance conditions as defined in this Code.

         d.   The operator will maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.

         e.   It is strictly prohibited to allow a collection container to be used for solid waste or hazardous materials.

      4.   Removal; notice.

         a.   The placement, maintenance, or site-hosting of a collection container(s) in violation of any applicable requirements set forth in this Section is hereby declared a nuisance.

         b.   In addition to the penalties provided in Article 11 of this Chapter and provided by other law, the City may further abate such nuisance by removing and impounding the nuisance collection containers after providing reasonable notice to the permittee, operator of the nuisance collection container, and owner of the real property, by affixing signage on the nuisance collection container. The dated notice will state that the nuisance collection container will be removed and impounded within seven days of the posting of the notice, unless the nuisance conditions are fully corrected to the satisfaction of the zoning administrator in strict accordance with the requirements of this Section.

         c.   Following impoundment, the Development Administrator or his/her designee will provide written notice to any reasonably ascertainable permittee, owner of the nuisance collection container, and owner of the real property that:

            (1)   The collection container has been impounded; and

            (2)   If the collection container is not claimed within 180 days of impoundment, the City will be authorized to dispose of the collection container and its contents in accordance with the Law Enforcement Disposition of Property Act, 765 ILCS 1030/3, or in any other lawful manner.

         d.   The permittee, the owner of the nuisance collection container, and the owner of the real property hosting the nuisance collection container are jointly and severally liable for the reasonable costs of removal, storage, and disposal incurred by the City.

         e.   The impounded collection container can be recovered only after the violation is corrected to the satisfaction of the zoning administrator in strict accordance with the requirements of this Section, all outstanding final code violation fines, if any, have been paid in full, and a $150.00 administrative processing fee is paid in full.

      5.   Penalty. Any person violating any provision of this Section shall be subject to a penalty as provided in Article 11 of this Chapter. Each day that a violation exists shall be considered a separate violation of this Chapter. (Ord. O-22-017, 5-19-2022)

   A.   Personal Wireless Facilities.

      1.   Special Use Permit Required: No person shall establish, construct, maintain, or operate a personal wireless service facility other than on municipal owned property without first obtaining a Special Use permit authorized and issued by the City Council in accordance with the standards and procedures set forth in this Chapter.

      2.   Purpose: The purpose of this Section (17.3012) is to establish a comprehensive set of regulations pertaining to the location, siting, development, design and permitting of wireless communications facilities for all districts in the City in order to:

         a.   Facilitate the development of a wireless communications infrastructure in the City for commercial, public and emergency uses;

         b.   Encourage the collocation of wireless communications facilities;

         c.   Encourage users of wireless communications facilities to configure them in a manner which minimizes the adverse visual impact of such facilities;

         d.   Enhance the ability of the providers of wireless communications services to provide such services to the community quickly, efficiently, and effectively;

         e.   Establish the rules and procedures for approving zoning applications for wireless communication facilities; and

         f.   Minimize the total number of wireless communication facilities in the City.

      3.   Scope: The provisions of this Section (17.3012) shall apply to all personal wireless service facilities, whether such facilities are used as a principal use or as an accessory use unless otherwise exempted from these regulations.

         a.   Preexisting Towers Or Antennas: Towers and antennas existing on the date this Section (17.3012) is adopted shall not be required to meet the requirements of this Chapter other than the requirements of Subsections 17.3012.A.5.e., 17.3012.A.5.f., 17.3012.A.5.g.

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

      4.   Exemptions: The following uses and activities are exempt from the regulations of this Section (17.3012):

Satellite dishes forty inches (40") or less in diameter or diagonal measurement.

         a.   Existing towers and antennas and any repair, reconstruction, or maintenance of these facilities which do not create a significant change in visual impact.

         b.   Any tower or installation of any antenna which is owned and operated by a federally licensed amateur radio station operator as part of the amateur radio service, citizens band radio, or is used exclusively for receive-only antennas.

         c.   Antennas and equipment and other apparatus completely located within an existing structure whose purpose is to enhance or facilitate communication function of other structures on the site.

         d.   Personal wireless service facilities located on property owned, leased or otherwise controlled by the City provided a lease or license authorizing such personal wireless service facilities has been approved by the City Council.

         e.   Antenna not attached to a tower and incorporating stealth design amateur radio operation/receive-only antennas. This Chapter shall not govern any towers or the installation of any antenna that is fifty (50) or less feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. No receive-only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10').

      5.   Operational Standards.

         a.   Equipment: Mobile or immobile equipment not used in direct support of a personal wireless service facility shall not be stored or parked on the site of a personal wireless service facility unless repairs to such facility are being made. Backup generators shall be operated only during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels. Testing and maintenance of generators shall occur only on weekdays between the hours of eight o’clock (8:00) A.M. and five o’clock (5:00) P.M.

         b.   Lighting: No signals or lights or illumination shall be permitted on a personal wireless service facility unless required by the federal communications commission (FCC), the federal aviation administration (FAA), or the City. If illumination is required, the illumination alternative and design chosen must cause the least disturbance to the surrounding views.

         c.   Signs: No personal wireless service facility shall be used or serve as a sign or bear the advertising emblem or logo other than the name of the manufacturer or provider in letters or graphics not to exceed four inches (4") in height, or those required by the FCC.

         d.   Aesthetics: Towers and antennas shall comply with the following requirements:

            (1)   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

            (2)   At a tower site, the design of the buildings and related structure shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.

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

         e.   Antennas On Existing Structures: Any antenna which is not attached to a tower may be approved by the City as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of twenty four (24) or more dwelling units, provided:

            (1)   The antenna does not extend more than thirty feet (30') above the highest point of the structure;

            (2)   The antenna complies with all applicable FCC and FAA regulations;

            (3)   The antenna complies with all applicable building codes and safety standards as referenced in Subsection 17.3012.A.5.g.; and

            (4)   The antenna utilizes stealth design.

         f.   Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the City and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

            (1)   Modification Or Reconstruction: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the City allows reconstruction as a monopole.

            (2)   Height:

               (A)   An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower’s existing height, to accommodate the collocation of an additional antenna provided the total height shall not exceed one hundred fifty feet (150').

               (B)   The height change referred to in this Subsection may only occur once per communication tower.

               (C)   The additional height referred to in Subsection 17.3012.A.5.f.(2)(A) shall not require a distance separation. The tower’s premodification height shall be used to calculate such distance separations.

            (3)   On Site Location:

               (A)   A tower which is being rebuilt to accommodate the collocation of additional antenna may be moved on site within fifty feet (50') of its existing location.

               (B)   After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

               (C)   A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of tower hereunder shall in no way be deemed to cause a violation of this Chapter.

         g.   Building Codes/Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the current and applicable state or local building codes and the applicable standards to towers that are published by the Electronic Industry Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to person or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the thirty (30) day period shall constitute grounds for removal of the tower or antenna at the owner’s expense.

         h.   Franchises: Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the City have been obtained and shall file a copy of all required franchises with the City.

         i.   Inventory Of Existing Sites: Each applicant for an antenna and/or tower shall provide the development administrator an inventory of its existing towers, antennas, or sites approved for towers and antennas, that are either within the jurisdiction of the City or within one and one-half (11/2) miles of the border thereof, including specific information about the location, heights, and design of each tower. The City may share such information with other applicants applying for administrative approvals of Special Use permits under this Chapter or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however that the City is not, by sharing such information, in any way representing or warranting such sites are available or suitable.

         j.   Lot Size: For purposes of determining whether the installation of a tower or antenna complies with the district bulk regulations, including, but not limited to, setback requirement, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels or easements within such lot.

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

         l.   Multiple Antenna/Tower Plan: The City encourages all plans for tower and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

         m.   Not Essential Services: Towers and antennas shall be regulated and permitted pursuant to this Chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

         n.   Principal or Accessory Use: Antennas and towers may be considered principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

         o.   State or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC, or any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.

      6.   Additional Application Requirements In addition to any information required for applications for Special Use permits pursuant to this Chapter, applicants for a Special Use permit for a personal wireless service facility shall submit the following information:

         a.   A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan designation of the site and all adjoining, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the development administrator to be necessary to assess compliance with this Chapter.

         b.   Legal description of the parent tract and leased parcel (if applicable).

         c.   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

         d.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 17.3012.A.5.i. shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

         e.   A landscape plan showing specific landscape materials.

         f.   Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

         g.   A description of compliance with Section 17.3012.A.5.g. and all applicable federal, state or local laws.

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

         i.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

         j.   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

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

      7.   Factors Considered In Granting Special Use Permit For Towers In addition to any standards for consideration of Special Use permit applications pursuant to this Section, the Community Development Commission shall consider the following factors in determining whether to issue a Special Use permit, although the community development commission may waive or reduce the burden on the application of one or more of these criteria if the community development commission concludes that the goals of this Chapter are better served thereby:

         a.   Height of the proposed tower;

         b.   Proximity of the tower to residential structures and residential district boundaries;

         c.   Nature of uses on adjacent and nearby properties;

         d.   Surrounding topography;

         e.   Surrounding tree coverage and foliage;

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

         g.   Proposed ingress and egress; and

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

            (1)   No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.

            (2)   Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

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

            (4)   The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

            (5)   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

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

            (7)   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

      8.    Term Limitation. Unless otherwise provided by ordinance, every special use permit for a personal wireless services antenna or antenna support structure is subject to the following conditions:

         a.   where the provider of personal wireless services is not the owner of the land on which such antenna or structure is located, the term of the special use permit is limited to the term of the lease or other agreement granting rights to use the land; and

         b.   the special use permit shall be subject to review by the City Council, at ten year intervals, to determine whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified, and whether the special use permit should be modified or terminated as a result of any such change.

      9.   Abandonment and Removal. When one or more antennas, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of twelve months or more, such antenna, antenna support structure, or related equipment may be deemed to be abandoned and must be removed. The City will be entitled to remove such an antenna, antenna support structure, or related equipment if the owner does not remove such items within ninety (90) days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the City to such owner at the last known address of such owner. If two or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers.

      10.   Security Fund. The owner of every personal wireless services antenna will establish a security fund in a form and in an amount as set forth in this Subsection 17.3012.A.10. The security fund will serve as security for the removal of the antenna. The security fund will be continuously maintained in accordance with this Subsection at the owner’s sole cost and expense until the antenna is removed.

         a.   Form. The owner will provide the security fund to the City in the form of cash, unconditional letter of credit, or surety bond, in a form acceptable to the City.

         b.   Amount. The dollar amount of the security fund shall be equal to the City Engineer’s reasonable estimated removal cost for the antenna.

         c.   Withdrawals. Following a removal notice provided under Section 17.3012.A.9., the City may withdraw an amount from the security fund, provided that the owner or operator has not removed the antenna within the 90-day notice period.

         d.   Return. Upon removal of the antenna, the City will return the security fund, or such portion remaining on deposit, to the owner within a reasonable time after account is taken for all offsets necessary to compensate the Village for the owner’s failure to remove the antenna upon notice provided by Section 17.3012.A.9.

         e.   Rights not limited. The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, whether reserved by this Subsection or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund will affect any other right the City may have.

      11.   Insurance. The operator of every personal wireless services antenna must deliver to the Zoning Administrator, on an annual basis, proof of public liability insurance covering the facility in an amount not less than One Million Dollars ($1,000,000.00) by an Illinois registered and licensed insurance company with an AM Best rating of not less than A-VIII.

   B.   Definitions: Definitions for this Section 17.3012 and this Article shall be as follows: