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Economic Development Packet 2009 06-02-09 Co.o United City of Yorkville J '`� 800 Game Farm Road EST. �Z 1836 Yorkville, Illinois 60560 4 -� Telephone: 630-553-4350 �A Cotlmv seas p� Fax: 630-553-7575 Kentlall County 'LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, June 2, 2009 7:00 PM City Hall Conference Room Presentation: None Minutes for Correction/Approval: May 4, 2009 New Business: 1. EDC 2009-21 Building Permit Report for April 2009 2. EDC 2009-22 Plan Commission Report for May 2009 3. EDC 2009-23 Committee Liaison Appointments 4. EDC 2009-24 Future Meeting Dates and Times — Discussion 5. EDC 2009-25 Bridge Street Plaza Redevelopment / TIF Agreement — Discussion Items Recommended by Plan Commission for Approval: 1. PC 2009-08 Apex Developers, LLC (Fountainview) Annexation Agreement Amendment Request 2. PC 2009-09 Zoning Ordinance Amendment — Chapter 15, Section 6.13 (Tower and Antenna Regulations) Old Business: 1. EDC 2009-17 Ordinance Amending the Code of Ordinances Providing for the Regulation of Signs 2. PC 2009-01 Ordinance Amending the Code of Ordinances Providing for the Regulation of Wind Energy Systems 3. EDC 2009-07 "Shop Yorkville" — Update Additional Business: Economic Development Committee June 2, 2009 Page 2 2008 City Council Goals Economic Development Committee `Evaluate fiscal incentives." Alderman Golinski Travis Miller Susan Mika `Increase development standards, with heavy emphasis on multi family." Alderman Werderich Travis Miller "Facilitate large lot planning areas, with exploration on agricultural homestead zoning district, and heavy emphasis on studying how we can Alderman Werderich Travis Miller make large lots economically viable in the marketplace." "Bridges to river islands." Alderman Werderich Bar Olson "Open space acquisition." Alderman Sutcliff Bart Olson "Strengthen the city's role in economic development activities." Alderman Munns Brendan McLaughlin Travis Miller "Land use planning adjacent to Route 47, with research on how we can Travis Miller help Route 47 expansion via contact with Springfield." UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, June 2, 2009 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. May 4, 2009 ❑ Approved as Presented ❑ Approved with Corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2009-21 Building Permit Report for April 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2009-22 Plan Commission Report for May 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2009-23 Committee Liaison Appointments ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2009-24 Future Meeting Dates and Times—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2009-25 Bridge Street Plaza Redevelopment/TIF Agreement—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2009-08 Apex Developers, LLC (Fountainview) Annexation Agreement Amendment Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2009-09 Zoning Ordinance Amendment—Chapter 15, Section 6.B (Tower&Antenna Regulations) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2009-17 Ordinance Amending City Code Providing for the Regulation of Signs ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2009-01 Ordinance Amending City Code Providing for the Regulation of Wind Energy Systems ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2009-07 "Shop Yorkville"—Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Monday,May 4, 2009, 7pm City Conference Room In Attendance: Committee Members Chairman Gary Golinski Alderman Joe Besco Alderman Robert Allen Other City Officials: Community Development Director Travis Miller Alderwoman Robyn Sutcliff Community Relations Officer Glory Spies Other Guests: Tony Scott,Kendall County Record Mark Mastrorocco, Pulte Homes The meeting was called to order by Chairman Gary Golinski at 7:00pm. Presentation None Minutes for Correction/Approval: April 6, 2009 The minutes were approved as read. Old Business: (moved forward on agenda) 3. EDC 2008-53 Pulte -Autumn Creek Annexation Agreement Amendment—Fee Payment Timing This item had been discussed previously in December. A letter was received from Pulte Homes requesting the Council to consider the reduction or minimization of various fees. After discussion, only two items were requested to be considered: 1. Building permit fee &timing for payment: request to pay 80% at time of application and the other 20% at time of occupancy 2. Development fees/impact fees: request to pay 50% at time of permit and 50% at occupancy Travis said this action would require a Public Hearing. It will be placed on the Council agenda, though not on consent. It was decided that instead of extending this to all builders, each case would be decided individually. The number of homes and townhomes remaining to be built was also discussed. Mr. Mastrorocco said some other towns have granted a reduction in fees for a year and that a reduction or timing of fees would be very critical for his company. Alderwoman Sutcliff commented that the City could not reduce fees, since there are still expenses to be met. Page 2 of 3 Alderman Allen said that while he supported the request, there would be two new Councilmen coming on board to help make the decision. It was also noted by Travis that there would be no demand for services until the homes are occupied. (return to order of agenda) New Business: 1. EDC 2009-18 Building Permit for March 2009 No discussion. 2. EDC 2009-19 Pasquinelli Permit Refund Request City staff recommended to not refund the permit fees and Alderman Allen questioned whether the permits should be extended. It was noted that Pasquinelli is no longer part of this development, but the bank has not foreclosed on this property as of yet. Some issues discussed were: can permits be transferred to another builder;request Pasquinelli to ask for an extension and obtain the money from the next buyer; if there are more homes, it would be beneficial for local businesses; want to see continued growth. Travis suggested tabling this issue and inviting Pasquinelli to attend the next meeting to discuss this matter. He will extend an invitation to them. 3. EDC 2009-20 Comprehensive Plan Design Guidelines Revisions-Discussion Travis said there are some updates for consideration and some with new ordinances. He will revise the Plan and send it to the City Council meeting on May 26. Old Business: 1. PC 2009-01 Wind Energy Systems Ordinance—Rooftop System Regulation The rooftop portion of the ordinance was presented--the first of three classifications. It was noted that the administrative fee language was removed since the cost savings per year for a $500 rooftop system would be approximately equal to the administrative fee. Language was also included stating abandoned systems must be removed within one month. The size of the blades was also changed. The system height on the roof was also discussed and it was noted that installing this system requires a building permit. This item will move to the May 12th City Council agenda for a first reading. 2. EDC 2009-17 Sign Ordinance Amendment— Temporary Sign Regulations Travis Miller said several changes were made in the ordinance regarding temporary signs. A recommendation was made by staff to exclude trailer signs from portable signs and a separate definition will be created for"trailer signs". Size requirements were given as a maximum of 16 square feet. The duration of display of temporary signs is increased in the amendment and it also allows for inflatable signs and searchlights once a year. This amendment will move forward to City Council. (Item#3 discussed earlier) Page 3 of 3 4. EDC 2009-07 "Shop Yorkville"Campaign - Update Glory Spies said that the draft will be completed by the next meeting. She suggested that after a year's time, a business could be contacted via letter for any address or other change. Another suggestion was that the business listing be removed after six months and the business would have to renew. A press release will be issued with information for businesses to become part of the website. Ms. Spies said she will design an informational flier for the businesses. She said the owner of Vignettes will organize a group from the businesses. Alderman Besco suggested a sticker for participating businesses to display. It was noted that the Chamber of Commerce and YEDC will not be involved since they also support businesses outside the city limits of Yorkville. Ms. Spies said the website would be a link from the City of Yorkville page. Possible web addresses were discussed and the one preferred was "shopyorkvillenow.com. 5. EDC 2008-48 Integrated Transportation Plan—Project Update This is the monthly update and it was noted the next meeting is May 14th at the Park and Rec office. 6. EDC 2008-47 Zoning Commission Update At the last meeting, the assessment report was reviewed. The next meeting is May 27th and new zoning classifications will be discussed at that time including a low residential zoning classification and downtown zoning. It is expected that the Commission will finalize the details of the ordinance at the June meeting. Additional Business: Alderman Allen said he understood financing was needed for the water system and that it would be difficult for the City if there is not more growth. At the close of his 8 years in office, Alderman Besco thanked everyone for the good cooperation of this committee. Chairman Golinski asked Travis to explore liaisons for some of the committees and asked if there should be a liaison for the downtown merchants' group. The gas station scheduled for the corner of Rt. 34 and Cannonball Trail was discussed and it was thought that it is currently in litigation. The concept of having gardens on empty lots was discussed and Travis reported that Centex and Lennar seemed open to this idea. He will discuss further with the Mayor. There was no further business and the meeting adjourned at 8:18pm. Minutes respectfully submitted by Marlys Young BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning April 2009 Types Permits Y es o f P c 2-Family Commercial Number of Permits Issued SFD (aeeinninezoos, Multiple-Family (Be�inninRZ006,caregoryineludes Industrial Miscellaneous* Total Construction Cost 2 Permih=l structure) Buildouts) April 2009 82 6 0 0 3 0 73 $1,946,296.00 Calendar Year 2009 158 10 0 0 9 0 139 $6,838,810.00 Fiscal Year 2008 717 118 4 0 28 0 567 $64,978,889.00 April 2008 128 22 0 0 2 0 104 $6,371,295.00 Calendar Year 2008 284 45 2 0 17 0 220 $16,633,917.00 Fiscal Year 2007 1175 300 10 6 66 0 793 $102,005,006.00 April 2007 126 43 0 0 3 0 80 $12,014,120.00 Calendar Year 2007 364 146 4 0 17 0 197 $55,555,795.00 Fiscal Year 2006 1395 578 42 7 43 0 725 $164,192,342.00 April 2006 165 100 2 0 2 0 61 $17,046,556.00 Calendar Year 2006 540 321 20 3 14 0 182 $61,070,033.00 Fiscal Year 2005 1571 767 26 9 36 0 733 $158,515,422.00 April 2005 105 30 0 0 6 0 69 $8,701,245.00 Calendar Year 2005 1 317 126 5 0 16 0 165 $33,701,456.00 Fiscal Year 2004 1089 464 5 0 34 1 580 $113,914,016.00 t Permit Number Y-05-0012 was voided. M *Miscellaneous includes additions,remodelling,garages,sheds,swimming pools,decks,fire alaru✓sprinkler plan reviews,municipal projects,etc. d = Report prepared by: Barbara A Dettmer,MCP,Department of Building Safety and Zoning `v cip Memorandum EST. ! 1836 To: EDC/Clty Council 1 From: Travis Miller, Community Development Director CC: Brendan McLaughlin, City Administrator ® Lisa Pickering, Deputy Clerk Date: May 18, 2009 <LE �� Subject: Plan Commission Actions May 13, 2009 PC 2009-05 Alan R. Haehner—Annexation and Zoning Request Motion to table request to June 10, 2009. 6 ayes; 0 no Note: The Plan Commission noted concerns related to density. The Commission discussed R-2 zoning and generally agreed that R-2 without limitations on the amount of residential units was not appropriate, however, agreed with the petitioner's attorney that 230 units, based on the Comprehensive Plan Land Use recommendation, may be too limiting. The Plan Commission requested the petitioner and staff work to determine an appropriate compromise on the density and return in June for consideration. PC 2009-08 Apex Developers, LLC (Fountainview) Rezoning Request (B-3 to PUD) Motion to recommend approval subject to addressing all staff comments. 6 ayes; 0 no PC 2009-09 Zoning Ordinance Text Amendment to 10-15-6.B regarding telecommunication tower equipment shelters and cabinets. Motion to recommend approval of the Zoning Ordinance amendment as presented. 7 ayes; 0 no Reviewed By: Agenda Item Number J= 0-n Legal ❑ 4� Finance ❑ EST. �� j! 1836 .�� Engineer ❑ Tracking Number City Administrator ❑ a `O Consultant ❑ E 6?oo , �3 j< e `LV El t Agenda Item Summary Memo Title: Committee Liaison Appointments Meeting and Date: EDC—June 2, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: The Economic Development Committee serves as liaison to the Plan Commission, the Yorkville Economic Development Corporation, the Kendall County Regional Plan Commission, and the Aurora Area Convention &Visitors Bureau. The committee should select one member to serve as liaison to each of these boards. See attached for meeting schedules. CITY COUNCIL COMMITTEE LIAISONS - ADMINISTRATION COMMITTEE What When Where Who Metra Board of Directors 2 nd Friday @ 9:00 a.m. 547 W.Jackson Blvd., Chicago Library Board 2nd Monday @ 7:00 p.m. Library- Board Room Cable Consortium 1"Thursday @ 5:30 p.m. Waubonsee Community College— Sugar Grove ECONOMIC DEVELOPMENT COMMITTEE - What When Where Who Plan Commission 2nd Wednesday @ 7:00 p.m. Library- 1't Floor Meeting_ Room_ _ Yorkville Economic Development �d YEDC Office Corporation 2 Wednesday @ 4:30 p.m. 651 Prairie Pointe Dr. Kendall County Regional 4 Wednesday @ 7:00 p.m. County Office Building Plan Commission .m. 111 W. Fox St. Aurora Area Convention &Visitors 4th Thursday @ 8:00 a.m. 43 W. Galena Blvd., Aurora Bureau (AACVB) PUBLIC SAFETY COMMITTEE What When Where Who Human Resources Commission 3rd Wednesday @ 6:30 p.m. City Hall Conference Room Alderman ? KenCom Executive Board Quarterly, Wednesday @ 5:30 p.m. Kendall Co. Public Safety Center Alderman Spears 1102 Cornell Lane School District Board 4th Monday @ 7:30 p.m. District Office Board Room Alderman Munns 602A Center Pkwy PUBLIC WORKS What When Where Who Yorkville Bristol Sanitary District 2nd Monday @ 5:00 p.m. YBSD Office Alderman Gilson (YBSD) 304 River Street Park Board 2nd & 4th Thursdays @ 7:00 p.m. Park & Rec. Office Alderman Teeling 201 W. Hydraulic Revised: 5/29/09 `X% o Cl,.. Reviewed By: Agenda Items(Number J$ M-� 0 Legal ❑ Finance ❑ EST. �, .�� 1836 Engineer El-~�-- Tracking Number -4 �a � � City Administrator ❑ p Consultant ❑ Dr9 Kenaau county tkE �v�` ❑ Agenda Item Summary Memo Title: Future Meeting Dates &Times—Discussion Meeting and Date: EDC—June 2, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: Because committee membership has changed, the Economic Development Committee should discuss if they would like to continue meeting on the first Tuesday of the month at 7:00 pm or if a different date and/or time would work better. Presently, there are no other committee meetings scheduled on the 1" or 2 nd Thursdays if you opt to choose an alternate date. ,SAD C►p Reviewed By: Agenda Item Number i Legal EST. 1836 Finance ❑ Engineer ■ Tracking Number City Administrator ❑ �© Consultant ❑ PC 2009-08 LE Agenda Item Summary Memo Title: Apex Developers, LLC (Fountainview) Annexation Agreement Amendment Request Meeting and Date: EDC /June 2, 2009 Synopsis: Amendment includes Rezoning Request(B-3 to PUD) and Subdivision Plat Revision Council Action Previously Taken: Date of Action: June 24, 2008 Action Taken: 1St Annexation Agreement Amendment Approval Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: D Cll o Memorandum To: EDC EST. - leas From: Travis Miller O L `` CC: Lisa Pickering (for distribution) p Date: May 27, 2009 <LECo� ,Z Subject: PC 2009-08 Fountainview(Rezoning and Re-Subdivision) Plan Commission Action: The Plan Commission reviewed this request May 13, 2009 and made a motion to recommend approval subject to addressing all staff comments with a vote of 6 ayes; 0 no. Comprehensive Plan Recommendation for Property: The 2008 Comprehensive Plan recommends Commercial land use for this property. The Comprehensive Plan defines Commercial as, "... intends to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively and conveniently serve the growing local population while reinforcing the importance of the United City of Yorkville as a regional center. " The Comprehensive Plan states that outside storage areas related to commercial uses should be buffered from public view. Where possible, commercial land uses should provide pedestrian connections and commercial development should strictly comply with the City's Design Guidelines. Background: 1. The petitioner is requesting to rezone the property from B-3 to PUD. The PUD is proposed to include all of the uses currently permitted by the Annexation Agreement (B- 3 uses)with the addition of"Automobile painting, upholstery,repairing, reconditioning and body and fender repairing, when done within the confines of a structure"which is a permitted use in the Limited Manufacturing District (M-1). 2. Staff advised the petitioner to request PUD zoning in lieu of M-1 for the property. 3. An Annexation Agreement was approved for this property in April 2007 and included provisions for B-3 Zoning and be developed in substantial conformance with a Site Plan (attached–Exhibit B of the Annexation Agreement)which includes a bank use and office use. 4. The current Annexation Agreement requires the development of the property comply with all development ordinances including Zoning, Subdivision Control, Landscape, Sign Code and Appearance Code. 5. The surrounding property to the north and east is zoned M-1. The Kendall County property to the south is unincorporated and zoned Kendall County B-3 Commercial. 1 6. The proposed Concept Plan for Lot 3 depicts Lot 3 being larger(and Lot 2 being smaller) than the approved Fountainview Subdivision plat. Staff Comments/Recommendations: 1. Require building elevations be prepared and included in the Annexation Agreement/PUD Agreement as an exhibit. This Exhibit should depict all structures on the property constructed of masonry material. The elevations attached were presented to the Plan Commission by the petitioner at the May 13, 2009 Public Hearing. 2. Require an eight foot high masonry wall matching the materials of the structure(s) surrounding the outdoor `repair vehicle storage' area and trash enclosure area. This wall/enclosure must be outside of any utility/drainage easement. Site Planning Principles/Design Guidelines Principle 8—Appropriate design of parking lots, utilities, service areas and detention areas to reduce the negative impact of typically unattractive site components. 3. Require the owner to construct a 10' wide asphalt trail along the IL47 frontage (Lot 1) of the property consistent with the City Park Development standards as well as sidewalks within all parcels to serve all buildings/uses in the development and provide connection to the IL47 trail. Site Planning Principles/Design Guidelines Principle 7— Thoughtful consideration of vehicular and pedestrian circulation within individual developments. 4. The reconfiguration of Lot 2 and Lot 3 should be addressed in the Annexation Agreement and the Subdivision Plat should be amended and included as an exhibit to the Agreement provided the resubdivision complies with all Zoning Ordinance and Subdivision Control Ordinance requirements. 5. Increase the length of the proposed loading area on the Concept Site Plan to the required 10' x 50' dimension. 2 n '_ t:,a a __ ° .'.- - a-..� ._vim-' - • : ,i"3LC -w- ZL - - - - �C_!CL_ `�"_x, __ ••'-�._x . _ _ �. .�. � •tom.' `�`r �-� ��r '=ri,��`-� - - _°T' � :.��` - �� i"�"'-c 7-L - �Y ^L , za '+- .__. �.. _� A .e.-Cay�_L .._e' ,° ., .F .- ei.x • xT3p ° lz� _•. w�- . ytt7°e _ s rte't"i - _r sci ,--.,r-''�ti�=L c"� +�y�++yr= '9�"„!„c- rr :;.W:+c�,,,�•TL .. 1�. -�'- LLB" r^__, -� �; _ . omit iL.7�;N_.L ..�s��fir}-iry-'+-Jst^C�� Q2'.. .L,..rr4 tom.•�'• �y - :� Sawa - - - or=tea: 4 a - - Mid! Ir - ` I 3 -�" r - •r¢ - fir. r_ y - Y _ r - r ■i - `I �` ,. _ _— t-°__- �'-,_ � ..__ _ i. �y:.l;L�_.x��,-�_-_�4'�.. `.-_ _ �� r.�.T e��• _xY� _ el-� r'J., "d_;a" _ fuh -_ ISBN= _! jib: 6 3 '>ausri�r�.r. �'•.-'�-rte.�.►�-.c.. ��*�- _ '�'�� F?�` f:�._ - �._ __ - �. L - _ �t #' - i �.�_ .._- +•�a�_x �_•k_�e-'-fir...�,^�_-va�•_a~�.- _.. .. .. �R '4 SLx-- �i � � s• y L t i i 72 E t -ax CarCare Collision Center Working Drawing a a 12 Y 22' u 2' 0-I C1COLT 12' 01;as 12' GH "Ic 1�' GH Gax 12 OH rca- f 7ti�1: L # ! ! I two Ho-:L If-, Par' 5 Vccclvlrzi ! Dli.eprlrr,Prca Inc-all%V'!a<h(ja 2,V �2` x 22� L 2 t 22' lcZr'u x 222'_1 2' K ZZ' I ' x 2 ] '1 24' I I ' I 24' AAvr p zrzJ Ga4 mb:ly 1,io Hf;s ' ]�' x 21' 12' x 21' 12' 21' x21 �1� ii Im I I I I_HH E :Y , f�r i M_a-k r< r � Irk _T34 \ I 12%' .SHERWIN WILLIAMS CAWCAM Cd1bion Center- \ b >\ > - / Ile , .a i crrr� United City of Yorkville 800 Game Farm Road 1 I � Yorkville, Illinois 60560 $9 WIT � o'' Telephone: 630-553-4350 (, .? Fax: 630-553-7575 P PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: F0111) Ia/I� Jl ??J Date of Submission: 1 . Name ofPetitioner(s): /»X / ® "1/�� P/� 6e� (f / J / Addresso125Q Zr e—,/Z � C22, 4' 1— ZZL/4/1 Phone Number: X�J Fax Number: Email Address: Relationship of Petitioner(s) to subject property: Owner [I Developer [I Contract Purchaser 2. Name of holder of legal title, if different from #1 : L: rai/�Wellw Tr izlz If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: /�r�t' OfK'l 42f� '/ !�: 3. a). Street address and physical location of subject property: (' '/)i� 9,94 Aa y7 b). Legal description of property; /atttach as Exhibit "A". c). Total Acreage: `'-f `� T d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: f). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B".) Page I of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 1.28.09 5. Date of Annexation or PUDyy��Agreement sought to be amended: 11 / Name of Agreement,: t-// z / � �/ ) t7 Date of Recording: `Q J Q 7 Attach a true and correct copy of agreement as Exhibit "C". 6. State the items to be amended from the existing annexation or PUD agreement. /f,, t7z 0 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney Name' / 7n / e J . / - J"ne t� Address://— SG3 �J� [./ �/ C /i/�P � Z �65� �✓ Phone Numberki o .�^nnnnn��_— ate ) Fax Number: had °��i� 1 Z/ Email Address: o Engineer: Name: Phone Number: Fax Number: 4k30- 5;-5 V z16 Email Address: Land Planner: Name: IT) �4' 40 Address: cZ0,S _ S Zlztr4 , 11f _ IoOS�o Phone Number: Number: Email Address: 8. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1 , Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. Page 2 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 1 28.09 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the Uni ed City of Yorkville. Date: 1 U Petitioner(, Si nature: All legal property owners of record signatures must appear on this application.) Subscribed and sworn to before me this day of 19190i2 /1 200 . r Cc�� C� =oA0. IWE[cm4 L REINSDORFF OFFICIALm My COMMISSION EXPIRES THIS APPLICATION MUST BE NOTARIZED. o `�� NOVEMBER 5, 2011 A/�AAhM Page 3 of 5 United Chof Yorkville Amend Anne\ffiInn/P:D Application Revised. 128.09 COPYRIGHT @20M 2004 MeritCorp, Pr SCALM 1".2w DRAWN 9Y: PAS NORTH r ■ CHECIFD 9Y: TDR SEAU c■�nsr.•. EXPIRES 11/30/09 LOT 2 1.007 LOT i �7 ��t r.zr2rG212-Ir , L cK p..4 , DM Dm ocm 401 a sca�'�-e zsa.t7' it Fum uTLm,wo .. awua FJU41[IIT—— — — —— — ,wwl Eff T- o = LL t r aRm LOT 3 1 V a 1G sun, w N ° l fi 7w1 Lft 7 J - 57 er 43,812.82 l �oacK { � 414 v~i � y .tZ�t. I.00E 1 r � 7 b 1 ,o ` 0 � Z N86'?W21'W 251.52• y y m z w FOUNTAINVI U EV1t DRIVE �► z J oo u mo-K T NO. MI0902a SHEET NO. l s II �� 47 Site Location ol _ s k � I - 5................................ 701 The Data is provided without warranty or any representation of N PC 2009-08 accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Fountainview Amend Agreement appropriateness of its use.The United City of Yorkville makes no Wes`/\\�E warranties,expressed or implied,to the use of the Data. V Aerial View Parcel Data Map created by United City of Yorkville GISCounty GIS S I , i Legend 2008 Land Use Plan - - - - - - I Land Use Classification Rural Neighborhood I Estate Neighborhood 0 Suburban Neighborhood I -Traditional Neighborhood -Commercial I - Neighborhood Retail - Industrial I -Office/Research Mixed Use I - Public/Quasi Public I - Parks/Open Space -Commercial/Office Research I - Industrial/Office Research I I I I 47 I - - - - -- - - - - - I I I Site I I Location I I I I I ' I I I I I I I I I I I ' i I I I 71 P C 2009-08 The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.It is the responsibility of the F o u n to i n v i ew Amend Agreement "Requester"to determine accuracy,timeliness,completeness,and appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. -Parcel Data 8 Aerial Photography provided by Kendall County G/S Land Use Map created by United City of Yorkville GIS s it i♦"��.�.��.• /�%//i//� // / ........ i�i�i�i�i�i�i�i! �i�i�i�i�i�.v.�i�i�i�i�i�i I.►.•.... ••.1..�.... 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IL 60543 FA (6301551-3639 �7 ,SAD C►p Reviewed By: Agenda Item Number i Legal EST. 1836 Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ �© Consultant ❑ PC 2009-09 LE Agenda Item Summary Memo Title: Zoning Ordinance Amendment—Chapter 15, Section 6.13 (Tower and Antenna Regulations) Meeting and Date: EDC /June 2, 2009 Synopsis: Amendment regarding new equipment cabinets and structures when located at existing tower facilities. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: o Memorandum leas To: EDC Esr. From: Travis Miller Cc: Lisa Pickering (for distribution) © Date: May 27, 2009 ry e�E ►ti Subject: Proposed Tower and Antenna Regulations Amendment— Chapter 15 Zoning Ordinance Plan Commission Action: The Plan Commission conducted a Public Hearing on May 13, 2009 regarding this Zoning Ordinance text amendment and made a motion to recommend approval of the Zoning Ordinance amendment as presented with a vote of 7 ayes; 0 no Background: The Department of Building Safety has received an application to install a new antenna on an existing telecommunications tower(1421 S. Bridge Street). In addition to the new antenna the applicant is also seeking to erect an equipment shelter. As staff reviewed this application against the provisions of Section 10-15 of the Municipal Code (Tower and Antenna Regulations of the Zoning Code) it was determined that a front yard setback of 50' (subject property is zoned B-3) is required. Section 10-15-3M states: "Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter." (This subsection provides some standards regarding equipment shelters and cabinets.) Section 10-15-5K1 provides guidance regarding the maximum size of equipment shelters, but does not provide guidance regarding any locational standards for equipment shelters (i.e.,what setbacks, if any, should be applied). Failing to provide locational standards within the Tower/Antenna section, results in relying on the locational standards found in Section 10-3-5 (accessory buildings). This results in a front yard setback requirement of 50' which will require a petitioner to seek a dimensional variance in order to accommodate an equipment shelter on any typical tower site. Staff Comments: Staff has concerns regarding processing dimensional variance requests of such significance in terms of the percentage of a variance which would be necessary in any zoning district. Chapter 15 includes provision (10-15-2.P) "collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers" supporting the desire for collocations, as opposed to constructing new towers. Given the lack of criteria for locational requirements for equipment structures, staff recommends the intention of this ordinance is to allow for equipment shelters (up to 3 per tower per 10-15-5.K)without regard to lot setback requirements. The proposed modification would allow for necessary equipment structures to accompany collocation antennas on preexisting towers without a need for meeting the setback requirements which would be applied to new towers. 1 EXISTING ZONING ORDINANCE TEXT WITH RECOMMENDED AMENDMENT: April 28, 2009 10-15-6: NONCONFORMING USES: B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. Chapter 15 TOWER AND ANTENNA REGULATIONS 10-15-1: DEFINITIONS: ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. FCC: The federal communication commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1)placed, such as a rooftop, lighting standard, or existing tower, or 2)replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successor agency. PERSONAL WIRELESS SERVICES: Commercial mobile services,unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. I TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. (Ord. 2000-8, 3-23-2000) 10-15-2: APPLICABILITY: A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet(80') 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'). C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-15-3E, F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee as of January 1 following the effective date hereof. D. AM Array: For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting 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 included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 2000-8, 3-23-2000) 10-15-3: GENERAL REQUIREMENTS: A. Special Or Miscellaneous Use: Antennas and towers may be considered either special or miscellaneous 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. 2 B. Lot Size: For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including,but not limited to, setback requirements, 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 within such lot. C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics: Towers and antennas shall meet 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 structures 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. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required,the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State Or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC and 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 within six(6) months of the effective date of such standards and regulations,unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 3 H. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons 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 the antenna, antenna structure, or tower into compliance within the thirty(30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. I. Measurement: For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. K. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet(250') of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of"abutting" nor in calculating the two hundred fifty feet(250'). L. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter. N. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers 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. O. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight(8) or more dwelling units, provided: 4 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; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. P. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer 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. Additional Antenna: 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 zoning officer 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, such height not exceeding one hundred fifty feet(150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional 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 an 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 a tower hereunder shall in no way be deemed to cause a violation of this chapter. 5 d. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in subsection P and the requirements of this subsection; c)the tower meets the setback and separation requirements in subsection 10-15-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120') in height; b. For two (2)users, up to one hundred fifty feet (150') in height; and c. For three (3) or more users,up to and including one hundred eighty feet(180') in height. Q. Roadway Access: All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7)thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. R. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. S. Disguised Structures: The provider of an antenna, antennastructure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. (Ord. 2000-8, 3-23-2000) T. Annual Administrative Fee And Certifications: 6 1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year commencing with calendar year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. (Ord. 2001-51, 9-21-2001) The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or co-locator on a tower. U. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in section 10-14-9 of this title, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-8, 3-23-2000) 10-15-4: PERMITTED USES: A. General: The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to all other requirements of this title: 1. Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville,particularly and expressly including Yorkville's water tower sites, 7 and city hall and police station sites,provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections 10-15-3D through V of this chapter. 3.No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) 10-15-5: SPECIAL USES AND MISCELLANEOUS USES: A. General Provisions: 1. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1 (one-family residence_golf course,public utility facilities,public service use facilities with radio or TV tower sites only), R-2 (one-family residence _golf course, public utility facilities,public service use facilities with radio or TV tower sites only), B-1 (limited business district), B-2 (general business district), B- 3 (service business district), B-4 (business district), and A-1 (agricultural district). 6. Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 (limited manufacturing district), and M-2 (general manufacturing district). 8 B. Information Required: In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access,parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit,platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection 10-15-313 of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-15-3C, E,F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. 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; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. 9 C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-14-6 of is title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and 8. Availability of suitable existing antennas, antenna structures,towers, alternative power structures and other structures, or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this chapter. D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks And Separation: 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: 10 a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in table 1 of this section. (2) Separation requirements for towers shall comply with the minimum standards established in table 1 of this section. TABLE 1 Off Site Use/Designated Area Separation Distance Single-family or duplex residential 500 feet units principal building Vacant single-family or duplex 500 feet residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired Vacant unplatted residentially 500 feet zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex Existing multi-family residential units 100 feet or 100 percent of the tower greater than duplex height, whichever is greater Nonresidentially zoned lands or None. Only setbacks apply nonresidential The Fox River or any watercourse 500 feet, as measured from the shore Major highways 500 feet, from the right of way b. Separation distances between towers: (1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base,pursuant to a site plan, of the proposed tower. The separation distances 11 (listed in linear feet) shall be as shown in table 2 of this section. TABLE 2 Existing Towers Types Minimum Separation Distances Monopole Monopole Lattice Guyed > 75 < 75 Feet High Feet High Lattice 1,000 1,500 F 500 250 Guyed 1,000 1,750 F1,500 1,250 Monopole 500 1,500 250 250 > 75 feet high Monopole 250 1 250 < 75 feet high F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources,the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC,whichever shall constitute the smallest signage area. H. Preservation Of Landscape: Existing mature tree growth andnatural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services,personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio 12 band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets: 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent(20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty(450) square feet,whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible.No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four(24) square feet of gross floor area and the cabinet/structure is located in a minimum of six feet (6') from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42)to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard,provided the cabinet or structure is no greater than six feet(6') in height or sixty four(64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by asolid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet (6') in height or sixty four(64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an 13 ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code,NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Engineering Justification: No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the zoning board 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 zoning board 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 the following: 1. No existing antennas, antenna structures or towers are located within the geographic area required to meet petitioner's engineering requirements; 2. Existing antennas, antenna structure, towers or other structures are not of sufficient height to meet petitioner's engineering requirements. 3. Existing antennas, antenna structures, towers or other structures do not have sufficient height to meet petitioner's engineering requirements; 4. The petitioner's proposed antenna, antenna structure or tower would cause electromagnetic interference with the existing antenna, antenna structure or tower or the antenna on the existing structure would cause interference with the petitioner's proposed antenna. 5. The fees, costs, or contractual provisions required by the owner in order to share an existing antenna, antenna structure, or tower or to adapt to an existing antenna, antenna structure, or tower are unreasonable. Costs exceeding new antenna, antenna structure, or tower development are considered unreasonable. 6. The petitioner demonstrates that there are other limiting factors that render existing antenna, antenna structures, or towers or other structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low powered transmitters and receivers attached to a wire line system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable. 14 N. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety(90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety(90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. O. Collocation: A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. (Ord. 2000-8, 3-23-2000) 10-15-6: NONCONFORMING USES: A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers: Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty(180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 10-15-5N of this chapter. (Ord. 2000-8, 3-23-2000) 15 10-15-7: ANNUAL REPORTING OF INFORMATION: Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas,plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter,which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 2000-8, 3-23-2000) 16 ,SAD C►p Reviewed By: Agenda Item Number i Legal ❑ EST. 1836 Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ �© Consultant ❑ EDC 2009-17 LE Agenda Item Summary Memo Title: Sign Ordinance Amendment—Temporary Sign Regulation Meeting and Date: EDC /June 2, 2009 Synopsis: Amendments providing certain portable signs be permitted temporarily in business and industrial zones. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ° clr, Memorandum O To: EDC EST. 1Z leas From: Travis Miller CC. Lisa Pickering(for distribution) 0 [� Date: April 28, 2009 C nd -, Subject: EDC 2009-17 Sign Ordinance Revisions—Temporary Sign <LE v Regulation Background: The EDC discussed issues related to the current Sign Ordinance, specifically the regulation of temporary signs for businesses. The current regulation is not clear regarding what type of temporary signs are permissible beyond Grand Opening event signage. The EDC directed staff to revise the regulation to include provisions for businesses to display temporary signs for special events/sales. Staff Comments/Recommendation: The attached draft ordinance is the current Municipal Code Chapter 11 (Sign Ordinance)with staff recommended revisions redlined. The recommended revisions include: 1. Refining the definition of`Grand Opening Temporary Sign' to exclude a duration. 2. Refining the definition of`Portable Signs' to exclude `Trailer Signs'. 3. Creating a definition for `Trailer Signs'. 4. Removing `portable signs' from the prohibited list. 5. Adding `trailer signs' to the prohibited list. 6. Removing language from the Temporary Signs list under Business Zoning Districts which is repetitive of language in the Temporary Sign Frequency and Duration section (8-11-12.C). 7. Adding `Banners' and `Portable Signs' to the Business and Industrial Temporary Sign lists. 8. Increasing the frequency (45 days) for Grand Opening Temporary Signs 9. Increasing the frequency (times per year) for `Portable Signs' and `Banners'. 10. Allowing searchlights and cold air inflatable devices once per year(currently allowable only once per business). Revised May 27,2009 CHAPTER 11 SECTION: 8-11-1 Principles 8-11-2 General Purpose 8-11-3 Scope 8-11-4 Definitions 8-11-5 Signs Exempt from this Chapter 8-11-6 General Provisions 8-11-7 Prohibited Signs 8-11-8 Permitted Signs—Residential Zoning Districts 8-11-9 Permitted Signs—Business Zoning Districts 8-11-10 Permitted Signs—Manufacturing Zoning Districts 8-11-11 Nonconforming Signs 8-11-12 Permitting Procedures 8-11-1 PRINCIPLES.The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11-2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable,orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 Revised May 27,2009 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly,it is deemed necessary and in the public interest to regulate signs.To this end,this Article: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size,location,height,installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11-3 SCOPE. The regulations of this section shall govern and control the erection,enlargement, expansion,alteration,operation,maintenance,relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs,by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11-4 DEFINITIONS. A. Animated,flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign.A sign that is mounted or painted on,or attached to,an awning,canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings,canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner.Any sign of lightweight fabric or similar material that is displayed on a pole or building.National, state or municipal flags,official flags of any institution or business shall not be considered banners. 2 Revised May 27,2009 D. Billboard.An off-premise advertising sign which directs attention to a business, commodity,service or entertainment conducted, sold,or offered at a location other than the lot on which the sign is located. E. Business Sign.A sign which directs attention to a business or profession conducted,or to a commodity or service sold,offered or manufactured,or to an entertainment offered, on the premises where the sign is located or to which it is affixed.A business sign shall be a wall,canopy,awning,marquee,or window sign. F. Cold air Inflatable Device.An inflatable device,without a frame,used as a portable sign for promotions,sales or special events.A cold air balloon shall be ground mounted. G. Construction Sign.A sign erected on a lot on which construction is taking place,indicating the names of the architects,engineers,landscape architects, contractors,and similar artisans,and the owners,financial supporters,sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign.Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. I. Grand Opening Temporary Sign.A temporary sign used for the purpose of advertising a grand opening of a new business,"rand opening temporary sign ma y Deleted: a grand opening temporary be a wall mar uee cano awnin or freestandin si n. Promotions anniversa sign maybe displayed only within 180 } q , py, g, g g , ry days of issuance of an occupancy sales, special sales,or going-out-of-business sales do not apply. certificate. J. Ground Mounted/Monument Sign.A sign that is supported on a base that is equal in width and depth to the frame of the sign itself.A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign.A sign giving the name and address of a residential building,business,development,industry,or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.An identification sign shall be a freestanding,wall, canopy,awning,or marquee sign. L. _Menu Board Sign.A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign.A sign designed so that characters,letters or illustrations can be changed manually or electronically without altering the face or surface of the sign.Electronic message boards must have a minimum duration time of twenty-four hours and no transition effects. 3 Revised May 27,2009 N. Pole Sign.A freestanding sign supported by column or columns whose total width is less than 50%of the sign face depth. O. Portable Sign.A movable sign, excluding Trailer Signs,that is not attached to a DeIetea:n sign attached to or mounted structure or affixed to the ground or surface u on which it is located,including A- upon a frame intended to be moved from p � place to place. frame and sandwich-board signs. P. Projecting Sign.A sign which in whole or in part is dependant upon the building for support and project more than twelve(12)inches from such building, except for awning,canopy and marquee signs. Q. Real Estate Sign.A sign indicating the sale,rental,lease,or development of the lot,a portion of the lot,or a building on the lot on which the sign is located.A real estate sign shall be a wall or freestanding sign. R. Roof Sign.A sign that is wholly dependant upon a building for support or mounted on the roof,which project more than six(6)inches above the highest point of a building or roof to which they are attached. S. Snipe Signs.A temporary or permanent non-governmental signs in a public right-of-way which is tacked,nailed,posted,pasted,glazed or otherwise affixed to a pole, stake,fence,traffic sign,traffic control device,utility pole,tree or the ground. T. Temporary Signs.Any sign,banner,pennant, streamer,or advertising display constructed of cloth,canvas,light fabric,cardboard,wallboard,or other lightweight material. U. Trailer Sign mounted on a chassis with or without wheels. V. Vehicle Sign.Any vehicle primarily situated to serve as a sign rather than as transportation.An automobile,van,or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. W. Wall Sign.A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for,or forms the background surface of,the sign and which does not project more than twelve(12) inches from such building or structure. X. Wind Feather.Also known as Wind Flag,Teardrop Banner and Blade. Fabric or plastic attention getting devices supported by a single pole and having a tall,narrow orientation whose rotation is determined by the wind direction. Y. Window Sign.A sign which is applied or attached to or located within three(3) feet of the interior of a window,which sign may be seen through the window from the exterior of the structure. 4 Revised May 27,2009 8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER.Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations of this Chapter: A. Flags, symbols or crests of nations,states,cities or political,fraternal,religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national,local or religious holiday,celebration or anniversary provided that such decorations shall not be displayed for more than sixty(60)consecutive days. C. Signs four(4) square feet or less in area and five(5)feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards,message boards,and similar devices no greater than thirty-two (32)square feet in area, five(5)feet high and not in the vision triangle,used solely to give information about and accessory to a public,charitable,educational or religious institution located on the lot. E. Legal notices,identification,informational,directional,traffic or other sign erected or required by governmental authorityY Deleted: under any law,statute or ordinance F. Memorial signs or tablets eight(8)square feet or less in area,containing the names of a building and the date of construction,when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non- combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50%of the window area,excluding glass doors. H. Real estate signs four(4)square feet or less in area,provided that no more than one(1)such sign shall be permitted in each yard abutting a street.Real estate signs shall be freestanding signs and set back a minimum of five(5)feet from any lot line and shall be five(5)feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility,provided such signs are thirty-six(36)square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision.Each type of model home is allowed one(1)sign not to exceed eight(8)square feet in area and five(5)feet in height. Such sign shall be 5 Revised May 27,2009 located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing,""Beware of Dog"and other similar warning signs four(4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) of the building less than three(3) square feet on single and two family dwellings and five(5)square feet for multi-family dwellings. M. Garage sale,farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four(4)square feet in area. N. Building interior signage O. Political signs. Signs sixteen(16)square feet or less in area and announcing candidates for political office or political issues,provided that such signs shall not be displayed more than sixty(60)days before any election and shall be removed within five(5)days after said election. P. Construction signs under eight(8)square feet. Q. Window signs covering no more than 60%of the window area excluding glass doors. R. Permanent,non-flashing signs on vending machines,gas pumps,ice and propane storage units. S. Wind Feathers of solid color, sixteen(16)feet or less in height,made of non-plastic fabric or nylon material and containing no text,logos or images. 8-11-6 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle,circle,triangle or combination thereof that will encompass the extreme limits of the writing representation,emblem or other display,together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework,bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.A double faced sign shall count as a single sign. 6 Revised May 27,2009 B. Sign Height.The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements.Except as otherwise provided,signs shall be located at least five(5)feet from any driveway and lot line.Furthermore,no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way.No sign having a height more than thirty(30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty-five(25)feet from the point of intersection of two (2)street right-of-way lines forming such a corner lot. D. Illumination of Signs.The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs,neon tubing,flashing,blinking,traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11:00 p.m. and 5:00 a.m.unless the use to which the sign pertains is open. E. Sign Maintenance. The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1. Signs shall be maintained in a neat and orderly condition and good working order,including illumination sources,at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance,any temporary sign installed for a period of thirty(30)days or more,or any sign which pertains to a time,event,or purpose which no longer applies,shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six(6)months or more.An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30) days. G. Removal of Signs Any sign found to be improperly maintained,abandoned or 7 Revised May 27,2009 otherwise in violation of this ordinance which is not removed or repaired within thirty (30)days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11-7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Moving,animated and flashing signs,except electronic message boards. B. Roof signs. C. Vehicle signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape,door,window,or other exit or entrance. F. Signs which,by reason of size,location,content,color,or manner of illumination,obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield"or any similar word,phrase,symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. ,Trailer sus,except directional or informational signs exempted by Section 8- — �eieted:portable 11-5.E of this Chapter, �eieted:. J. Searchlights,except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving,rotating or animated signs except traditional barber poles not exceeding two(2)feet in height and projecting not more than twelve(12)inches from the building utilized only to identify a hair cutting establishment. 8 Revised May 27,2009 8-11-8 PERMITTED SIGNS—AGRICULTURAL,FLOOD ZONE& RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing identification or business sign.All non-residential uses in the agricultural,flood zone and residential zoning districts may have one free standing business or identification.Non-residential uses in the agricultural,flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two(32)square feet or less in area,five(5)feet or less in height and setback at least ten(10)feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign.All non-residential uses in the agricultural,flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of-way.No more than 50%of the building mounted sign area may be composed of a message board sign.Building mounted signage can not extend more than 75%of the building fagade of the building to which it is attached, 3. Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs,one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height and constructed out of premium building materials such as brick or stone.For the purposes of this provision this sign may be installed in two components,one on each side of the street. B. TEMPORARY SIGNS 1. Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area or five(5)feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions 9 Revised May 27,2009 not to exceed one hundred(100)square feet and twelve(12)feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four(4)off- site locations,and shall be no greater than one hundred(100) square feet in area and twelve(12)feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter(1/4)mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred(100)feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One(1)grand opening sign not to exceed thirty-two square feet in area and eight(8)feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two(32)square feet in area and five(5)feet in height. 8-11-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1. Free Standing Business Sign On lots less than three acres with one(1)street frontage one(1)free standing business sign thirty-two square feet or less feet in area and eight(8)feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage ,one(1)free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls 10 Revised May 27,2009 of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two(2)square feet for each one(1)lineal foot of the facade of the building with a public entrance.No wall sign shall extend more than 75%of the width of the building facade to which it is attached. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two(2) square feet in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.No wall sign shall extend more than 75%of the width of that part of the building facade in which it is located. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Searchlights Deleted:Searchlights for a grand 2. Cold air inflatable devices opening only for a period of time not¶ to exceed seventy-two(72)hours.¶ — 3. Grand opening sign. One(1)grand opening sign not to exceed thirty-two Deleted:One cold air inflatable device square feet in area and eight(8)feet in height. for a grand¶ opening only for a period of time not to exceed seventy-two(72)hours.¶ 4. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area and five (5)feet in height. _5. Construction signs. One construction sign per lot not to exceed thirty-two 11 Revised May 27,2009 (32)square feet in area and five(5)feet in height. 6. Wind feathers not exempted by Section 8-11-5.S of this Chapter.No limit on the quantity per lot. Time period not to exceed thirty(30)days. 7. Banners. One Special Business Event sign per business not to exceed thirty-two(32)square feet in area. 8. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 8-11-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one(1)street frontage,one free standing business sign shall be allowed. Said sign shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage,one(1)free standing business sign shall be allowed Said sign shall be a maximum of sixty-four(64)square feet or less in area and eight(8)feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 12 Revised May 27,2009 2. Building mounted Business/Identification Signs a. Single–use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s) shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.All business and identification signs shall be wall,awning,canopy or marquee signs. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five(5)feet in height. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two(32)square feet in area and ten(10)feet in height. 3. j3anners/Special Business Event sign. One Special Business Event sign per Deleted:3. business not to exceed thir -two(34square feet in area and ten(10yfeet Deleted:�naustt�a�lot in height. 4. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 5. Wind feathers not exempted by Section 8-11-5 S of this Ckter.No limit— Deleted: ¶ on the quantity per lot. Time period not to exceed thirty(30)days. 4. 8-11-11 NONCONFORMING SIGNS 13 Revised May 27,2009 A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans,provided construction of the sign is started within ninety(90)days after the passage of the ordinance amendment and is completed within sixty(60)days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6)months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not,after being discontinued or abandoned,be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted,including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty(50)percent or more of the replacement value at the time,the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance.In the event the damage or destruction is less than fifty (50)percent of its replacement value based upon prevailing costs,the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance.In either event,a permit for restoration or repair must be applied for within a period of thirty(30)days from the date of damage or destruction, and be completed within sixty(60)days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit,but in no case later than six(6)months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11-12 PERMITTING PROCEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected,enlarged,expanded,altered or relocated unless the person proposing to erect,alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the 14 Revised May 27,2009 applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone,be considered an alteration of the sign requiring the issuance of a permit,unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit-application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination,if any,and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s)on the lot and a_drawing indicating the location of the sign(s)on any building or structure on the lot. 3. A sketch,drawn to scale,showing sign faces,exposed surface areas and-the proposed message and design,accurately represented as to size,area,proportion and color. 4. The written consent of the owner(s)or agent of the building,structure,or land on which the sign is erected. 5. The name,address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting,altering or moving the sign. C. Temporary Sign Permit Frequency and Duration per business: Type of Sign Maximum Duration Maximum frequency Banners 14 days Eve times der year _ Deietea:three Portable 4 days Eve times per year Deleted:Special sale business Commercial real estate 6 months renewable Deleted:event Industrial real estate _6 months renewable Deleted:three Residential marketing _6 months renewable Grand opening ,45 days_ _ _ _onceper business _ Deietea:30 Cold Air Inflatable Device _72 hours _once perms Deleted:business Searchlights 72 hours _once perms Deleted:business Wind Feather 30 days($25 fee) renewable($5 fee) Construction during active building permit issuance 15 Revised May 27,2009 SECTION 8-11-13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements,the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16 X14. D CO. Reviewed By: Agenda Item Number a� �+ Legal ❑ Finance F-1 EST. � � leas Engineer ❑ ~=� Tracking Number y City Administrator ❑ $LL? Consultant ❑ PC 2009-01 CLE ❑ Agenda Item Summary Memo Title: Wind Energy System Ordinance-Zoning Ordinance Chapter 16 Meeting and Date: EDC /June 2, 2009 Synopsis: Proposed Zoning Ordinance amendment to include a chapter regulating wind energy systems. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Adoption of ordinance as Title 10 Chapter 16 of the Municipal Code (Zoning Ordinance) Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and draft ordinance o Memorandum To: EDC/City Council leas Esr. From: Travis Miller Cc: Lisa Pickering (for distribution) © Date: May 21, 2009 ry e�E �'�'v, Subject: Proposed Wind Energy System Regulation— Zoning Ordinance Amendment ROOFTOP SYSTEMS Backiround: The Plan Commission conducted a public hearing January 14, 2009 and recommended approval of the proposed Zoning Ordinance amendment with a vote of 5 ayes; 0 no. City Council conducted a First Reading Tuesday May 12, 2009, and held a public forum to review the proposed Zoning Ordinance amendment Tuesday March 10, 2009. The Planning Consortium group meeting topic for March 18, 2009 was wind energy where James Griffin from Schain, Burney, Ross & Citron presented information to the group/public. EDC reviewed a revised draft of the ordinance April 6, 2009 and advised staff to divide the ordinance into separate ordinances for each wind energy system type (rooftop, small, large) in an effort to focus on the rooftop systems more immediately and allow more time to research and discuss the regulation regarding small and large systems. Staff Comments: Input received following First Reading: Following the May 12, 2009 First Reading, staff has received further input for City Council's consideration prior(see attached redline): 1. 10-16-5.A: Added a provision requiring the owner of a system acknowledge prior to permit issuance they are responsible to pay for enforcement costs and remediation costs in the event of a violation. Staff is neutral on this revision. This revision is a policy choice for City Council. 2. 10-16-5.F: Reworded to refine and clarify the provision. Staff supports this revision. 3. 10-16-5.G: It has been suggested that the time period for declaring an inoperable system a nuisance be increased. Staff does not support this revision. Staff recommends that 1 month is appropriate language in the Ordinance due to the provision stating the City"may" act after one month. In the event an owner provides evidence that a part has been ordered necessary for the repairs, the Code Official would most likely take this into account prior to ordering the system removed. 4. 10-16-6.C: Added a phrase to clarify the City Code Official authority regarding the mounting of the system. Staff supports this revision. 5. 10-16-6.F: Divided the provisions for quantities into residential and non-residential applications. The revision limits all properties to one system in all zoning Districts, and only allows additional systems, as permitted by a Special Use, in the non-residential Districts. Staff supports this revision. Other comments regarding the current draft ordinance: 1. Definitions section: The definitions section has been substantially reduced from earlier drafts. The terms defined in earlier drafts are no longer part of the regulation so there is no need to 1 include definitions. It is important to define `Rooftop' systems as well as systems in general. The key points are the maximum capacity(10 kW)to be considered a rooftop system as well as the intention for these systems to provide energy for on-site consumption,not a surplus for the grid. 2. Noise—55 decibels remains to be the maximum emission. This is the equivalent to an air conditioning unit. 3. Abandoned systems: The amount of time to consider a rooftop system abandoned is reduced to 1 month. This will allow for more immediate action with property maintenance enforcement and should be a reasonable time period for a rooftop system. 4. Height. Recommended maximum is 8 feet. In researching operating manual for a 400 watt rooftop system (AIR Industrial), the manufacturer recommended users mount the system between 5 and 8 feet above a structure for maximum performance. 5. Diameter of Blades/Rotor. Recommended maximum is 5 feet. In researching rooftop systems, the blades (sometimes referred to by manufacturers as rotors) of these systems range from 4' for 400 watt devices to over 20' for 7.5 kW devices. 5 feet allows for most devices. Larger devices could be approved by variance,but would require City Council review and approval allowing for a case-by-case review. 2 May 5, 2009 Version from First Reading CHAPTER 16 SECTION: 10-16-1 Principles 10-16-2 General Purpose 10-16-3 Scope 10-16-4 Definitions 10-16-5 General Provisions 10-16-6 Rooftop Wind Energy Systems 10-16-7 Other Wind Energy Systems 10-16-1 PRINCIPLES. The provisions of this Chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 10-16-2 GENERAL PURPOSE. The regulation of wind energy systems by this Chapter is intended to promote and protect the public health, safety and welfare by: A. Requiring the installation of wind energy systems to be consistent with current property development standards of the City. B. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this Chapter: 1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. 1 May 5, 2009 Version from First Reading 10-16-3 SCOPE. The regulations of this Chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this Chapter within the United City of Yorkville. The regulations of this Chapter relate to the location of wind energy systems,by function and type, within zoning districts and shall be in addition to provisions of the International Building Code,National Electrical Code, Federal Aviation Administration(FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all City codes. 10-16-4 DEFINITIONS. A. Rooftop Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity of not more than ten(10) kW, and which is intended to primarily reduce on-site consumption of utility power. B. Wind Energy System. Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy, commonly referred to as a wind turbine. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. 10-16-5 GENERAL PROVISIONS. A. Permitting. The installation of any wind energy system requires a building permit from the United City of Yorkville. B. Compliance. Wind energy systems shall meet or exceed current standards of the International Building Code and Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes. C. Building Code/Safety Standards. Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for wind energy systems that are published by the International Building Code, as amended from time to time. If,upon inspection, the United City of Yorkville concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense. 2 May 5, 2009 Version from First Reading D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels at frequency of 125 Hertz measured at all property lines. E. Fencing. Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. F. Design. Wind energy systems shall be painted a non-reflective, non-obtrusive color or a color that conforms to the architecture of the structure it is attached. G. Abandoned Systems. All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after one (1)month of the cessation of operations unless an extension is approved by the City Council. If an extension is not approved,the City may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition. 10-16-6 ROOFTOP WIND ENERGY SYSTEM A. Permitted Use. Rooftop wind energy systems shall be considered allowable in all zoning districts except F-1 Floodplain District. B. Fees. 1. Permitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars ($100.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. C. Mounting. All rooftop wind energy systems shall be controlled in a manner consistent with local building code. A rooftop wind energy system shall be mounted upon the rear face of a sloped roof or to the side or rear fagade of a structure. Free standing towers are prohibited. D. Height. The maximum height of a rooftop wind energy system is eight (8) feet above the highest point of the roofline of the structure it is mounted upon regardless of the Zoning District height requirement. E. Diameter. The maximum diameter of the blades or rotor shall be five (5) feet. F. Quantity. Only one (1) rooftop wind energy system is allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall require 3 May 5, 2009 Version from First Reading Special Use approval and subject to the special use provisions contained within 10-14-6 of this Title and applications for special use approval shall be subject to the procedures and requirements of this Title. 10-16-7 OTHER WIND ENERGY SYSTEMS A. Special Use. A wind energy conversion system having a rated capacity of more than ten (10)kW shall require special use approval and be subject to the special use provisions contained within 10-14-6 of this Title. 4 May 20,2009 Version from Second Reading CHAPTER 16 SECTION: 10-16-1 Principles 10-16-2 General Purpose 10-16-3 Scope 10-16-4 Definitions 10-16-5 General Provisions 10-16-6 Rooftop Wind Energy Systems 10-16-7 Other Wind Energy Systems 10-16-1 PRINCIPLES. The provisions of this Chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 10-16-2 GENERAL PURPOSE. The regulation of wind energy systems by this Chapter is intended to promote and protect the public health,safety and welfare by: A. Requiring the installation of wind energy systems to be consistent with current property development standards of the City. B. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly,it is deemed necessary and in the public interest to regulate wind energy systems. To this end,this Chapter: 1. Regulates the size,location,installation,maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. 1 May 20,2009 Version from Second Reading 10-16-3 SCOPE. The regulations of this Chapter shall govern and control the site design,erection, enlargement, expansion,alteration,operation,maintenance,relocation and removal of all wind energy systems defined by this Chapter within the United City of Yorkville. The regulations of this Chapter relate to the location of wind energy systems,by function and type,within zoning districts and shall be in addition to provisions of the International Building Code,National Electrical Code,Federal Aviation Administration(FAA) requirements,and all federal and state statutes,laws,rules,and regulations and all City codes. 10-16-4 DEFINITIONS. A. Rooftop Wind Energy System.A wind energy conversion system consisting of a wind turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity of not more than ten(10)kW,and which is intended to primarily reduce on-site consumption of utility power. B. Wind Energy System.Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy,commonly referred to as a wind turbine. This equipment includes any base,blade,foundation,generator,nacelle, rotor,tower,transformer,vane,wire,inverter,batteries,or other component used in the system. 10-16-5 GENERAL PROVISIONS. A. Permitting- _ Deleted:A. a. The installation of any wind energy system requires a building permit from the United City of Yorkville. b. Prior to permit issuance,the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this Ordinance. These costs include,but are not limited to,removal of system,property restoration necessary upon removal of the system,city legal expenses and hearing costs associated with violations of this Ordinance. B. Compliance.Wind energy systems shall meet or exceed current standards of the International Building Code and Federal Aviation Administration(FAA) requirements,any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes. C. Building Code/Safety Standards.Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the 2 May 20,2009 Version from Second Reading current and applicable state or local building codes and the applicable standards for wind energy systems that are published by the International Building Code,as amended from time to time. If,upon inspection,the United City of Yorkville concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property,the City Code Official shall require immediate removal of the system at the owner's expense. D. Noise.The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels at frequency of 125 Hertz measured at all property lines. E. Fencing.Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by,but not limited to,location of the system, system type, system design,and location of electrical equipment. F. Design.Wind energy systems shall be painted a non-reflectiveFolor that �e�eted:non-obtrusive eotor or a conforms to the architecture of the structure,to which it is attached. ueietea:it G. Abandoned Systems.All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after bne(1)month Comment[TM 11:Staff received a of the cessation of operations unless an extension is approved by the City Council. mont ont s cit n increase this period to 3-6 mhs citing 1 month as too strict If an extension is not approved,the City may act to abate such nuisance and particularly if a part is on order for require its removal at the property owner's expense. After the wind energy necessary repair(s). system is removed,the owner of the property shall restore the site to its original condition,or to an approved improved condition. 10-16-6 ROOFTOP WIND ENERGY SYSTEM A. Permitted Use.Rooftop wind energy systems shall be considered allowable in all zoning districts except F-1 Floodplain District. B. Fees. 1. Permitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars($100.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. C. Mounting.All rooftop wind energy systems shall be controlled in a manner consistent with local building code and as approved by the City Code Official. A rooftop wind energy system shall be mounted upon the rear face of a sloped roof or to the side or rear fagade of a structure. Free standing towers are prohibited. 3 May 20,2009 Version from Second Reading D. Height.The maximum height of a rooftop wind energy system is eight(8)feet above the highest point of the roofline of the structure it is mounted upon regardless of the Zoning District height requirement. E. Diameter. The maximum diameter of the blades or rotor shall be five(5)feet. F. Quantity. 1.Residential Districts: Only one(1)rooftop wind energy system is allowed per property. 2. Commercial,Manufacturing and Agriculture Districts: Only one(1)rooftop wind energy system is allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall require Special Use approval and subject to the special use provisions contained within 10-14-6 of this Title and applications for special use approval shall be subject to the procedures and requirements of this Title. Deleted.,<#>Any additional rooftop wind energy systems desired by the petitioner shall require Special Use approval and subject to the special use 10-16-7 OTHER WIND ENERGY SYSTEMS provisionsedappleationsf lala-6of this Title and applications for special use approval shall be subject to the A. Special Use. A wind energy conversion system having a rated capacity of more procedures and requirements of this Title. than ten(10)kW shall require special use approval and be subject to the special use provisions contained within 10-14-6 of this Title. 4