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Zoning Commission Packet 2013 10-23-13 AGENDA ZONING COMMISSION MEETING Wednesday, October 23, 2013 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen’s Comments 4. Approval of July 24, 2013 and August 28, 2013 meeting minutes 5. Old Business: a) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 16: Off Street Parking and Loading b) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 17: Fencing and Screening c) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 18: Telecommunication Towers and Antennas 6. New Business: a) Review and Commentary of Proposed Zoning Chapter • Chapter 20: Signs b) Presentation of Civic Artworks project proposal “Yorkville Zoning Code Revision Engagement + Visualization” 7. Adjournment 8. Next meeting date: November 27, 2013 *Potential alternate meeting date for November to be discussed* United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Staff has prepared the following revisions: OLD BUSINESS Chapter 16: Parking • Removed portion about parking commercial vehicles on residential driveways as discussed in previous meeting. Chapter 17: Fencing and Screening • Fixed “barbed wire” fences in material sections to be clear that it must be above 6 feet. • Fixed spelling errors. Chapter 18: Telecommunication Towers • Fixed spelling and wording errors. • Added and removed sections that were advised by the City Attorney. Chapter 20: Signs • New chapter has been added to this packet and will be discussed at the Zoning Commission meeting. Please look over these items and be ready to discuss at the Zoning Commission meeting. Memorandum To: Zoning Ordinance Commission From: Jason Engberg, Planning Intern CC: Krysti J. Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: October 23, 2013 Subject: Zoning Ordinance Update – Notes ZONING COMMISSION MEETING Wednesday, July 24, 2013 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Meeting Called to Order The meeting was called to order at 7:08 p.m. by Mr. Crouch and he welcomed everyone. Roll Call Roll call was taken; a quorum was established. Committee Members in Attendance Michael Crouch Phil Haugen Gary Neyer Greg Millen Committee Member Comment: At this point, Mr. Crouch stated that the Committee received a message from Mr. Peter Huinker that, due to a transfer to Texas, he would no longer be serving on the Committee. He thanked him for his service and wished him the best. City Officials in Attendance Krysti Barksdale-Noble, Community Development Director Jason Engberg, Community Development Intern Citizen’s Comments There were no citizens in attendance. Previous Minutes Mr. Crouch made a motion to approve the June 26, 2013 minutes. It was moved and seconded; there was no discussion on the motions; approved unanimously; motion carried on approved minutes. Mr. Crouch then turned the meeting over to Mr. Engberg to cover Old Business. Old Business: Mr. Engberg started with Chapter 16: 10-16-3/C: Access to Driveway Widths: Mr. Engberg changed the driveway width to 25’ for both residential maximum and minimum for non-residential. 10-16-3/D: Design Standards: Under Driveway Edge/Curb Radius, the Commercial/Industrial is subject to engineer review based upon the traffic and specific land use characteristics. The committee accepted this wording as standard and approved it. 10-17-2: Fencing Standards: Under ‘Placement,’ Mr. Engberg said he deleted ‘but not on’ from bullet point 1 under Placement so it reads “Fences may be built up to the property line . . .” and eliminated ‘but not on’ which is what they discussed previously. He also eliminated ‘barbed wire’ from prohibited fences since it will be allowed in industrial uses (as will be noted later in the meeting). Under “Materials,” he changed ‘finished wood’ and gave a few suggestions on what that would be. He also added, under materials for residential and business, vinyl coated chain link. He did a price comparison and found vinyl coated to be less expensive than regular galvanized steel. Mr. Neyer questioned if on corner side yards if they left it at 6’. Mr. Engberg said they did and actually changed the business to meet the residential. Both Mr. Neyer and Mr. Crouch thought corner side yards should be the same as front yards. Mr. Crouch thought 4’ would be a lot better. The committee decided to make it 3’ and 4’ maximum. Mr. Engberg continued that vinyl-coated chain link was also added to business district; industrial was kept the same since the committee decided it was appropriate; and barbed wire was added to business and public utility materials. They clarified barbed wire could only be used at 6’ or above at the top of a fence. They eliminated the table with public uses and schools because they do not regulate them. 10-17-3 Screening: Under ‘Large Refuse Containers’ Mr. Engberg added: “Industrial uses do not have to create an enclosure as long as the container cannot be seen from the public view.” He also added a couple of pictures to illustrate his point. 10-17-4 Fencing Material Examples: He also added pictures of the examples for references of what would be deemed appropriate. Ground Mounted Antenna Towers and Dishes: Ms. Noble said that this chapter was amended in the Zoning Ordinance (2000-8; Chapter 15) in 2000, but should be supplemented with special uses processes. She suggested the Committee go over the changes the committee had before them and then come back next month and merge the changes. Mr. Engberg then reviewed the chapter titles, which are similar to the original chapters. 25.02 Mr. Crouch asked him when he talks about a ‘ground mounted’ tower or dish, are there any restrictions to the size? Mr. Engberg said he did not have restrictions on the dish, but there was a height restriction on the antenna off of the dish (15’). Ms. Noble said they would provide the FCC regulations on tower heights. Ms. Noble asked if Estate Lots (E) would be eligible for cellular or radio towers and Mr. Crouch asked if there were currently any restrictions. Ms. Noble said she thought there was a Special Use process allowing towers in R-1 and R-2. However, no cellular towers were allowed in any residential district. Mr. Engberg stated that for new towers in non-residential zones, for a single- user it is 120’; two users is 150’; and three users is 180’. Mr. Crouch thought those were good numbers. Mr. Neyer said his inclination is to not allow cell phone towers in single-family areas. He recommended a minimum of five (5) acres for residential districts, allowing 400’ lot width and 400’ lot depth. Mr. Crouch suggested doing research for similar areas and present the results at the next meeting so as to not ‘re-invent the wheel.’ At this point, Mr. Neyer went back to General Requirements- B. Number Permitted – “b” and said for either a 1 or 2 story building, he thought foreign language providers require separate dishes from the main dish that he thought they should permit. Mr. Crouch questioned the numbers up to eight (8) antennas; and Ms. Noble pointed out Grande Reserve has up to twelve (12) antennas. Ms. Noble stated that there are only two (2) chapters left – Chapter 18 - Signs (which was skipped over) and Chapter 20 – Alternate Energy Systems. Her goal is to get this information to City Council by the end of (this!) year. Mr. Crouch asked for a motion to adjourn. A motion was made by Mr. Neyer; it was seconded; all voted in favor; and the meeting adjourned at 8:06 p.m. The next meeting will be August 28, 2013. Minutes respectfully submitted by: Bonnie Olsem Administrative Secretary ZONING COMMISSION MEETING Wednesday, August 28, 2013 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Meeting Called to Order The meeting was called to order at 7:00 p.m. by Mr. Crouch and he welcomed everyone. Roll Call Roll call was taken; a quorum was established. Committee Members in Attendance Michael Crouch Phil Haugen Gary Neyer Jeff Baker Greg Millen (arrived after meeting started) City Officials in Attendance Krysti Barksdale-Noble, Community Development Director Jason Engberg – Community Development Intern Citizen’s Comments There were no citizens in attendance. Previous Minutes Mr. Crouch asked for a motion to approve the July 24, 2013 minutes. He made a correction that he did not make the motion to approve the June 26, 2013 minutes; Mr. Millen asked for a motion to approve the minutes (minutes corrected). With that correction, it was moved to accept by Mr. Haugen and seconded by Mr. Baker; there was no discussion on the motions; approved unanimously; motion carried on minutes with correction. Mr. Crouch then turned the meeting over to Mr. Engberg to cover Old Business. Old Business: Chapter 16: Review Off-Street Parking and Loading: Ms. Noble read a memo from someone with a complaint about a neighboring limousine/taxi parking issue. She then read the current ordinance for the residential district, in part, “Under no circumstance shall required parking facilities, accessory to residential structures, be used for the storage of commercial vehicles, or for the parking of automobiles belonging to employees, owners, tenants, visitors or customers of business or manufacturing establishments.” The way it reads appears that the person who has a company vehicle owned by them (maybe a pick-up truck or something of that nature) cannot park it in their driveway or garage and she does not think that is the intent of the actual ordinance. When she asked the City attorney to look at it, he said his concern with that sentence is that it is so unclear that it would be very difficult for us to determine which vehicles were intended to be prohibited (it’s not clear on if it’s regulating type or function of the vehicle) and he suggested this section be amended it as proposed update to the Zoning Ordinance and to define the type of vehicles they want regulated and the regulations that apply. If the vehicle does not encroach on neighboring property, the committee decided to remove that sentence from the Zoning Ordinance. Moving on, Mr. Engberg continued to cover the changes he made to Chapter 17. Table 10.17.01 and 10.17.02: Mr. Engberg fixed tables 1 and 2. The corner side yards now match the front yards. Table 10.17.03 and 10.17.04: Under Materials, Mr. Engberg added Barbed Wire (on top of fence, minimum 6’ tall). Mr. Baker thought 6’ was a little low for barbed wire. The language was clarified to read, “at a minimum elevation of 6’ above grade.” Under ‘Materials’ it should read, “The following materials are acceptable for any Utility fence.” CHAPTER 18 – Telecommunication Tower and Antenna Regulations: Mr. Engberg said under 10-18-5: Special Uses and Miscellaneous Use; Item 6, he added three criteria: A. The parcel that any antennas, antenna structures and towers are located on must be at least two (2) acres; B. The parcel must not have a single family home on the property; C. The total height of the structure must be less than the distance from the base of the structure to the closest structure on all adjacent parcels. On a recommendation from Mr. Neyer, the committee agreed to change the phrase “closest structure” to “property line” in item ‘C’ - and they also agreed to delete item ‘B.’ Ms. Noble wanted to address (private) schools and churches in R1 and R2. Mr. Crouch suggested they would want to do it in a ‘no impact’ way. Ms. Noble said the way they are proposing it, it would become a Special Use so if it becomes a contentious item, at least the public has an opportunity to voice their objection. Mr. Engberg then pointed out that under 10-18-4: Permitted Uses, there are three conditions that would not necessitate a Special Use permit. Mr. Neyer pointed out that item “B” is a complete sentence; therefore, there should be a period at the end of the sentence and not a colon. Mr. Crouch and Ms. Noble agreed. It was agreed the sentence should include the phrase, “so long as said antennas and towers conform to the following and to all other requirements of this title.” It was confirmed that the requirements are stated as “ORs” – not “ANDs.” Mr. Crouch pointed out that if it ever came up, they would need to be careful since it was included in the packet and it should not be arbitrary. Mr. Neyer referred to Table 10.18.01 Separation Requirements and asked if there was a definition of “major highway.” Ms. Noble pointed out it was defined in the “Future Land Use” in the comprehensive plan. She asked that a reference be made to that. At this point, Mr. Baker and Mr. Crouch asked that the definition be added to Chapter 2 of this document. Alternate Meeting Date discussion: Ms. Noble has an APA Conference on what should be the next meeting date (September 25) and would not be here. It was decided to see if the Plan Commission meets on September 11, then the committee will be emailed when a date is decided. Mr. Crouch asked for a motion to adjourn. A motion was made by Mr. Baker; it was seconded by Mr. Neyer; all voted in favor; and the meeting adjourned at 7:59 p.m. Minutes respectfully submitted by: Bonnie Olsem Administrative Secretary Chapter 16 Off-Street parking [ United City of Yorkville Zoning Ordinance ][  ] 10-16-1: Purpose The purpose of this Chapter is to regulate off-street parking and loading areas on private property outside the public right- of-way. The regulations are intended to achieve the following: A. Relieve traffic congestion on streets by providing adequate, but not excessive, off-street parking; B. Encourage the use of alternate forms of transportation including bicycling, transit, walking, and carpooling; C. Avoid unnecessary conflicts between vehicles, bicycles, and pedestrians; D. To minimize negative impacts on adjacent properties. 10-16-2: General Provisions A. Application The off-street parking and loading provisions in this Chapter shall apply to the following: New Development All new buildings, structures, and land uses established after the adoption of this Chapter must comply with the parking and loading regulations herein. However, if a building permit has been issued prior to adoption and construction has begun within one (1) year of the effective date, then following the parking and loading regulations are not required. Expansion When an existing building or structure increases in intensity or is expanded, the number of parking spaces and/or loading facilities must be modified to meet the parking and loading regulations. The number of parking spaces and/or loading facilities that must be modified will be determined by the unit of measurement specified for that land use herein. However, no building or structure lawfully erected or use lawfully established prior to the effective date shall be required to provide additional parking spaces and/or loading facilities unless the aggregate increase in units of measurements is greater than fifteen percent (15%). New Use Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Title. B. Existing Parking and Loading Facilities Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and were in existence on the effective date shall not be required to reduce the amount of parking and loading facilities regulated in this Title. A change of occupancy is not a change of use unless the new occupant is considered in a different use classification. C. Damage or Destruction If any building, structure, or use that is in existence on the effective date is somehow damaged by fire, collapse, explosion or another cause and is reconstructed or repaired, the parking and loading facilities may be rebuilt to the original form. This shall be allowed only if the original building or use is repaired to its original form and keeps its original use. In no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses in construction. [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking D. Control of Off Site Parking Facilities Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such offsite parking facilities shall be authorized and no zoning certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the board of zoning appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the offsite parking facilities will be maintained at all times during the life of the proposed use or building. E. Submission of Plot Plan Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this title. 10-16-3: Off-Street Parking Regulations A. Use of Parking Areas All off-street parking areas shall continually be available for the parking of operable vehicles of intended users of the site. Required parking shall not be rented, leased, sold, or used for parking that is unrelated to the primary or accessory use of the site, except if there is a recorded shared parking agreement. Also, no off-street parking area can be used for storage of equipment or materials. All off-street parking facilities for a residential use or within a residential district must be used for passenger automobiles. These automobiles must be owned by the occupants of the dwelling structure or by the guest of the occupant. B. Parking Space Dimensions The minimum off-street parking space dimensions are shown in Table 10.16.01. An explanation of how these dimensions are generally measured is shown in Figure 10.16.01. The actual measurements of the stalls and aisles is shown in Figure 10.16.02. The actual stalls and aisle must be clearly marked as shown in Figure 10.16.02. Table 10.16.01 Minimum Parking Stall and Aisle Dimensions Dimensions Space Angle (Degrees) 0 45 60 90 One-Way Aisle Parking Parking Aisle Width 8.5’19’20’18’ Driving Aisle Width 12’13’17’24’ Parking Stall Width 22’9’9’9’ Single Sided Parking Module Width 20.5’32’37’42’ Double Sided Parking Module Width 41’51’57’60’ Two-Way Aisle Parking Parking Aisle Width 8.5’19’20’18’ Driving Aisle Width 24’24’24’24’ Parking Stall Width 22’9’9’9’ Single Sided Parking Module Width 41’43’44’60’ Double Sided Parking Module Width 41’62’64’60’ PW - Parking Aisle Width AW - Driving Aisle Width SW - Parking Stall Width SMW - Single Sided Parking Module Width DMW - Double Sided Parking Module Width Figure 10.16.01 Parking Stall and Aisle Dimension Key [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking Figure 10.16.02 Parking Stall Dimensions One-Way Aisle Two-Way Aisle Aisle 0 D e g r e e s 45 D e g r e e s 60 D e g r e e s 90 D e g r e e s All measurements start from the edge of the curb. Drive aisles shall be required in the parking areas that have five (5) or more spaces. All required parking lots, by this code, shall comply with the accessibility requirements of the state of Illinois accessibility code and the ADA. • • • [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking Table 10.16.02 Driveway Widths Minimum Maximum Residential 8.5’25’ Non-Residential 1 to 20 trips per day or 1 to 5 trips per hour 12’25’ 21 or more trips per day or more than 5 trips per hour 25’36’ C. Access Each required off-street parking space shall open directly upon an aisle or driveway as stated in Table 10.16.01. This will ensure safe and efficient means of automobile access for all parking spaces. The only exception is when the facility is serviced by a parking attendant. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic. The requirements for driveway widths for residential and non- residential use are shown in Table 10.16.02. All driveway widths are measured on the street right-of-way line. The non-residential driveway widths are different depending on the intensity of the use. The width must be adequate to serve the volume of traffic for the specific use. D. Design Standards Open And Enclosed Parking Spaces Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use. Aprons Driveway aprons shall not widen the driveway more than five feet (5’) in total width when measured at the curb/street edge. Distance To Existing Street Intersections Driveways not meeting the minimum distances may be approved administratively by the city administrator with a recommendation to approve made by the city engineer. If administrative approval is not granted, a variance must be approved. Driveway Edge/Curb Radius Residential - The maximum radius for a driveway edge/curb for a driveway entrance is twenty feet (20’). Commercial/Industrial - Subject to engineer review based upon the traffic and specific land use characteristics. Surfacing All open off street parking areas shall be improved with a pavement meeting state of Illinois standard A-3 or equivalent. Screening And Landscaping All open automobile parking areas shall comply with the requirements of the current landscape ordinance regulations for perimeter parking lot landscaping. Lighting Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public highways in such a way as not to create a nuisance. The city of Yorkville promotes the “dark sky” concept. Lighting fixtures should be full cutoff, and the use of wall packs on buildings should be minimized. The average foot-candle intensity should be 2.0 - 2.5 foot-candles. The average to minimum light intensity ratio should be no more than six to one (6:1), and the maximum to minimum light intensity ratio should be no more than twenty to one (20:1). The lighting intensity at the property line shall be zero foot-candles. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 16: Off-Street Parking Signs Directional and regulatory signs/markings only are permitted on parking areas. Repair And Service No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off street parking facilities provided in a residence district. The sale of gasoline and motor oil in conjunction with accessory off street parking facilities is not permitted in any residence district. E. Location Off street parking spaces may be located in any yard defined by this title. The location of off street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served. Residence District Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300’) from such use. Business And Manufacturing Districts All required parking spaces shall be within one thousand feet (1,000’) of the use served, except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within three hundred feet (300’) of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district unless authorized by the board of appeals in accordance with this title. F. Number of Spaces The minimum requirements for the number of spaces needed for a certain use is shown in Table 10.16.03. At the time of permit review, the Zoning Administrator will assign the development a use category. If the category does not fit one of the descriptions in Table 10.16.03, then the zoning Administrator has the right to determine the amount of off-street parking needed for the building, structure, or use. Table 10.16.03 Minimum Off-Street Parking Requirements Use Minimum Spaces Required Residential Uses Single Family Dwelling Unit 1 per dwelling unit Multi Family Dwelling Unit Dwelling units with 1000 sq ft or less Dwelling units with 1001 sq ft or more 1 per dwelling unit 2 per dwelling unit Accessory Dwelling Unit 1 per dwelling unit Elderly Housing 0.5 per dwelling unit Lodging Places Motel, Hotel, Boarding House  per lodging unit Bed and Breakfast 1 per lodging unti plus 1 space for permanent residence [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking Table 10.16.03 Minimum Off-Street Parking Requirements Commercial Uses Eating and Drinking Establishments 3 per 1000 square feet of floor area General Retail: Grocery Stores, Convenience Stores, Specialty Retail and Shops 3 per 1000 square feet of floor area Bulk Retail: Building Materials, Appliances, Home Furnishings, and Similar Large Items 1 per 1000 square feet of floor area Indoor Recreation 2 per 1000 square feet of floor area Theater, Auditorium, or Stadium  per  seats Gas Stations No minimum General Office (including banks)2 per 1000 square feet of floor area Personal Services 3 per 1000 square feet of floor area Commercial Services 3 per 1000 square feet of floor area Vehicle Repair 2 per 1000 square feet of floor area Mortuary or Funeral Home 1 per 5 seats Industrial Uses Storage, Warehouse, Wholesale Establishment Less than 150,000 square feet More than 150,001 square feet 0.5 per 1000 square feet of floor area 0.3 per 1000 square feet of floor area Mini-warehouse, Self-service Storage 1 per 45 storage units plus 1 per employee of the largest shift Community Services and Public Uses Elementary and Junior High School 1 per classroom High School 0.25 per student plus 1 per staff Religious Institution  per  seats Library or Museum 1 per 1000 square feet of floor area 10-16-4: Shared Parking A. Purpose Shared parking is the use of a parking space by vehicles generated by two or more individual land uses without conflict or encroachment. The ability to share spaces is the result of two conditions: Vehicles accumulate at different times; either by hours, days, or seasons Relationship of the uses allows for multiple visits in one auto trip Shared parking for multiple uses creates better pedestrian connections and reduces reliance on private vehicles because multiple trips may be taken by walking. Shared parking is encouraged for the benefits it provides as long as the use follows the above conditions and the standards listed below. • • [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking B. Shared Parking Uses The uses listed in Table 10.16.04 are uses that are generally considered prime candidates for shared parking. While these are considered the main uses to have shared parking, the Zoning Administrator has the final authority on what uses may or may not share parking regardless if the use is listed in Table 10.16.04 or not. C. Standards 1. The applicant must demonstrate that the shared parking area has a sufficient amount of spaces for the uses they intend to share the area with. The Zoning Administrator may require the applicant to provide data to support the sufficient parking claim. 2. The nearest parking space shall be no further than one thousand (1,000) feet from the principal buildings, structures, or uses. The measurement shall be measured along a path that has: a. Adequate lighting b. Separation from the right-of-way c. Legal crosswalks for right-of-way crossing d. Asphalt, concrete, or similar surface material 3. A legal document between the property owners that guarantees access to the shared parking must be submitted to the Zoning Administrator. The document will be reviewed before being recorded. The termination of the agreement must be approved by the City and the owners must provide proof that each establishment meets the criteria within this Title. Table 10.16.04 Shared Parking Uses Day Time/Weekday Uses Night Time/Weekend Uses Banks Auditoriums Offices Churches Personal Service Shops Bars Household Shops Bowling Alleys Wholesale Buildings Night Clubs Clothing Shops Theaters Primary Schools Off-Track Betting 10-16-5: Vehicle Stacking Requirements All drive-in and drive-through facilities shall provide vehicle stacking in accordance with Table 10.16.05. Configuration No stacking space may occupy any portion of a public right-of-way. The minimum pavement lane width shall be 10 feet. Stacking spaces may be used to satisfy any of the off- street parking but may not be used for loading space requirements. Stacking lanes shall not interfere with parking spaces, parking aisles, loading spaces, internal site circulation, or points of ingress and egress. A 12-foot bypass lane is required adjacent to the stacking lane to allow vehicles to circumvent the stacking lane. Reduction The City may approve a reduction of the stacking requirements of this Section upon demonstration by a qualified traffic engineer that a reduction in the stacking requirements is appropriate for the applicant’s proposed use given its proposed intensity or context. • • • • • Table 10.16.05 Stacking Requirements Stacking Space Dimension 12’ x 20’ Use Minimum Number of Vehicles Financial Institution, with Drive-up Tellers 3 Vehicles per Window or Kiosk Car Wash, Self-Service 3 Vehicles per bay at entrance 1 Vehicle per bay at exit Car Wash, Automatic 5 Vehicles per bay at entrance 2 Vehicles per bay at exit Restaurant, Fast Food 3 Vehicles behind menu board 3 Vehicles behind first window Public Uses 2 Vehicles per Window/Kiosk [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking 10-16-6: Bicycle Parking The purpose of this section is to provide sufficient safe and convenient bicycle parking to encourage bicycling as a form of transportation, reducing traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. A. Types of Parking The following types of bicycle parking shall be allowed: Short Term Parking Bicycle Locker A bicycle locker provides an all-weather, high security, and long term parking solution. The enclosure should be made out of durable material that will keep the bicycle safe from weather or vandalism. The locker must be able to be locked to prevent theft and it must be able to be unlocked by the user for easy access. It is preferred that bicycle lockers are placed near other forms of transportation to encourage bicycle riding throughout the city. Bicycle Station A bicycle station provides the highest level of service for long term parking. The station is intended to be a regional hub for bicycles in the area and it is expected for the station to provide services to cyclists. These services may include but are not limited to repair, lockers, showers, food and beverages, rental, and other storage facilities. Bicycle Rack A bicycle rack is a device that is capable of supporting a bicycle in a stable position that secures the bicycle with at least two points of contact. A single rack provides two parking spots. The rack shall be no taller than three (3) feet tall and no less than eighteen (18) inches in length. Bicycle Shelter A bicycle shelter is a covered parking area and provides all-weather protection. The shelter should be designed to hold many bicycles. It is preferred that the shelter be close to other forms of transportation to encourage bicycle riding throughout the city. Long Term Parking [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking 10-16-7: LAND BANKED PARKING FACILITIES Land banking allows for designating a portion of land on a site that would be required for parking to be held and preserved as open space, rather than constructed as parking. This reduces the amount of impervious surface on a site for developments which otherwise would not have enough parked vehicles to fill the minimum required parking stalls, or “bank” the spaces until such time capacity warrants their construction. A. Standards The Zoning Board of Appeals may permit land banking of up to twenty-five percent (25%) of the required parking spaces through the variance process, subject to the following. 1. Sufficient evidence is provided by the applicant that supports the reduced parking needs. 2. Approval of a Land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time. 3. Landscaping of the land banked area must be in full compliance of the zoning regulations and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals may require additional landscaping of the land banked area. 4. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership. 5. As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as “Land Banked Future Parking.” Example B. Off-Street Parking Reduction for Bicycle Parking A reduction in the number of off-street parking spaces required shall be permitted for the provision of bicycle parking provided that: No fee is required for using the bicycle parking made available; When calculation of the maximum number of reduced parking spaces results in a fraction, the resulting number shall be rounded to the next highest integer. The reduction in the number of automobile parking spaces shall be reduced by no more than one (1) space for every two (2) bicycle parking space, but no more than twenty (20) percent of the total required spaces. This provision is applicable to all land type uses except to Single-Unit Residential and Two-Unit Residential. • • B. Land Bank Plans Required The owner of the property making a land bank request shall submit a detailed land banked parking plan for review and approval by the Zoning Board of Appeals. The land banked parking plan shall show both full compliance with the parking regulations of Title 10 Zoning, Chapter 16 Off-Street Parking and Loading, and the land bank area showing the reduced number of parking spaces. C. Termination of Land Bank The City Council shall have the right in its discretion to require the property owner or successor, to construct all or a portion of the land banked parking facilities. There are three instances for termination: The intensity of the use is increased The type of use changes There is an addition to the propeerty or building The Community Development Director will provide notice to the owner that the land banked parking facilities must be constructed and completed within one (1) year from the date of the notice. • • • [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 16: Off-Street Parking 10-16-8: Off-Street Loading Regulations and Requirements A. Location All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two (2) tons’ capacity shall be closer than fifty feet (50’) to any property zoned or used for residential purposes unless all loading and unloading activities are located completely within the building, screened by walls, solid fencing or densely planted mature shrubbery, or a combination thereof, not less than six feet (6’) in height. No permitted or required loading berth shall be located within any front or corner side yard, and shall not be located within fifty feet (50’) of the nearest point of intersection of any two (2) streets. B. Size Unless otherwise specified, a required loading berth shall be the greater of ten feet in width by at least twenty five feet in length (10’ x 25’) or the length of the longest delivery vehicle used in connection with such use, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen feet (15’). C. Access Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. D. Surfacing All open off-street loading berths shall be improved with a compacted aggregate base not less than 12” and surfaced with not less than four inches (4”) of bituminous concrete or six (6”)inches of concrete or some comparable all-weather dustless material. The exact design to be determined based on projected use of the loading berth.” E. Repair and Service No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts. F. Loading Spaces Not to be Used for Parking Requirements Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. G. Special Uses For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such use, as determined by the Community Development Director, shall be provided. H. Computation of Number of Required Off-Street Loading Spaces If in determining the number of off street loading berths as required by this Title, the computation results in a requirement of a fractional berth, any one-half (1/2) or more shall be round to the nearest whole number and counted as one loading berth. I. Accessory Off-Street Loading Facilities Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord. 1973-56A, 3-28-74) [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking Table 10.16.06 Minimum Off-Street Loading Requirements Use Minimum Required Gross Floor Area (sq. ft.) Required Number & Minimum Horizontal Dimensions of Berths Institutional Uses Hospitals, Sanitariums, and Other Institutional Uses 10,000 - 200,000 1 – (10’ x 25’) Nursing/Elder Care Home Facility 10,000 - 200,000 1 – (10’ x 25’) Lodging Places Motel, Hotel, Boarding House, Clubs and Lodges (without eating and drinking establishments) 10,000 - 200,000 For each additional 200,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 25’) Motel, Hotel, Boarding House, Clubs and Lodges with retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices (other than accessory) 10,000 – 20,000 20,000 - 150,000 For each additional 150,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’) 1 – (10’ x 25’) Commercial Uses Eating and Drinking Establishments 10,000 - 20,000 20,000 or more 1 – (10’ x 25’) 2 – (10’ x 25’ each) General Retail: Grocery Stores, Convenience Stores, Specialty Retail and Shops 5,000 - 10,000 1 – (10’ x 25’) Bulk Retail: Building Materials, Appliances, Home Furnishings, and Similar Large Items Up to 200,000 For each additional 200,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’ Indoor Recreation 10,000 – 100,000 For each additional 100,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’) Theater, Auditorium, or Stadium 8,000 – 25,000 For each additional 50,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 25’) 10-16-9: SCHEDULE OF LOADING REQUIREMENTS: For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown herein: [ United City of Yorkville Zoning Ordinance ][  ] Chapter 16: Off-Street Parking Table 10.16.06 Minimum Off-Street Loading Requirements General Office (including banks) 10,000– 100,000 For each additional 100,000 or fraction thereof to 500,000 For each additional 500,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 25’) 1 – (10’ x 25’) Mortuary or Funeral Home 8,000 – 100,000 1 – (10’ x 25’) Industrial Uses Storage, Warehouse, Wholesale Establishment Up to 100,000 For each additional 100,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’) Manufacturing Production, Processing, Cleaning, Servicing, Testing or Repair of Materials, Goods or Products 5,000 – 10,000 10,000 – 40,000 40,000 – 100,000 1 – (10’ x 25’) 1 – (10’ x 50’) 2 – (10’ x 50’ each) Community Services and Public Uses Auditoriums, Convention Halls, Exhibition Halls, Sports Arenas, Stadiums 10,000 – 20,000 20,000 – 100,000 1 – (10’ x 25’) 1 – (10’ x 50’) [ United City of Yorkville Zoning Ordinance ][  ] Chapter 17 Fencing and Screening 10-17-1 Purpose The intent of this chapter is to set guidelines for building on property fences and screening undesirable structures or storage containers. The following regulations are made so the city can promote the health, safety, and general welfare of the public. 10-17-2 Fencing Standards A. Regulations for All Zoning Districts Fences of more than 30 inches in height require a building permit. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. No more than two different types of fencing material are permitted per fence. Placement Fences may be built up to the property line and must be located entirely on the property of the owner constructing it. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails or access. The City of Yorkville does not provide surveying services. The property owner is responsible for locating property lines. Fences, walls or hedges shall not encroach on any public right-of-way. It shall be the responsibility of the property owner to insure that a fence does not block or obstruct the flow of storm water. No solid fence, wall, hedge or shrubbery which exceeds 3 feet above the street grade shall be permitted within the sight distance triangle formed at the intersection of any two 2 street right-of-way lines. the intersection of any street right-of-way lines with any service entrance drive (both sides of such drive), by a line drawn between such right-of-way lines, and/or such right-of-way line and service entrance drive line, at a distance along such line of 25 feet from the point of intersection thereof. Maintenance It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the fence in good repair at all times. If a fence is found to be in a deteriorated condition and/or in need of repair, the Community Development Director may order the fence to be repaired, replaced or removed depending upon the condition of the fence. Such order shall be in writing. Missing boards, pickets or posts shall be replaced within 45 days with material of the same type and quality. Fences shall be maintained in an upright condition. Prohibited Fences Fences or enclosures charged with or designed to be charged with electrical current are prohibited. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. No Fence shall be constructed of used or discarded materials in disrepair, including, but notlimited to, pallets, tree trunks, trash, tires, junk, or other similar items. • • • • • • • • • • • • • • • [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 17: Fencing and Screening B. Regulations for Residential Districts Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 3 Feet 4 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use Materials The following materials are accepteable for the any residential district fence: Stone Brick Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) Cast or Wrought Iron Plastic Aluminum Composite Wood and Plastic Vinyl Coated Chain Link • • • • • • • • Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3 Feet 4 Feet if at least 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use Materials The following materials are acceptable for any business district fence: Stone Brick Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) Cast or Wrought Iron These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. • • • • Plastic Aluminum Composite Wood and Plastic Vinyl Coated Chain Link • • • • C. Regulations for Business Districts Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 17: Fencing and Screening Table 10.17.03 Industrial District Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet Materials The following materials are acceptable for any industrial district fence: Stone Brick Finished Wood Cast or Wrought Iron Barbed Wire (starting at a minimum elevation of 6’ above grade) These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. • • • • • Plastic Aluminum Composite Wood and Plastic Chain Link • • • • D. Regulations for Industrial Districts Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.03. Table 10.17.04 Utililty Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet Materials The following materials are acceptable for any utility fence: Stone Brick Finished Wood Cast or Wrought Iron Barbed Wire (starting at a minimum elevation of 6’ above grade) These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. • • • • • Plastic Aluminum Composite Wood and Plastic Chain Link • • • • D. Regulations for Public Uses and Utilities Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.04. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 17: Fencing and Screening 10-17-3 Screening Service yards, loading docks, large refuse containers and other like places that tend to be unsightly shall be screened from view. Screening shall be equally effective at all times of the year. Large Refuse Containers Commercial trash dumpsters and other large waste receptacles or equipment shall be screened on three sides with a solid opaque material wall at least six feet (6’) in height or to the extent where the wall screens the dumpster from view. The material must match the building and have an opaque single or double access gate on the fourth side. A detail of the enclosure is required on the plan. Landscaping is preferredto be put around the perimeter of the three solid walls. Industrial uses do not have to create an enclosure as long as the container cannot be seen from the public view. Utilities All utility equipment (meters, transformers, etc.) shall be screened with appropriate plantings if located on the ground or false walls or parapets if located on the roof. False walls or parapets are not required for buildings located in a manufacturing district. The Community Development Director decides what is an acceptable ammount of screening during the plan review process. Loading Areas When located across a street from residential zoned property, all garage doors and loading areas on non- residential property shall be concealed from view from adjoining residential zoned property with a combination of landscaping and/or hardscape screening such as solid gates or walls. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 17: Fencing and Screening 10-17-4 Fencing Material Examples Table 10.17.05 Fencing Material Examples Na t u r a l R o t R e s i s t a n t W o o d Ir o n Pl a s t i c / V i n y l Vi n y l C o a t e d C h a i n L i n k [ United City of Yorkville Zoning Ordinance ][  ] Chapter 18 telecommunication tower and antenna regulations 10-18-1: 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. 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. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 18: Telecommunication Tower and Antenna Regulations 10-18-2: 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__________, 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 groundsystem 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. 10-18-3: 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. 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 [ United City of Yorkville Zoning Ordinance ][  ] Chapter 18: Telecommunication Tower and Antenna Regulations 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. 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 _________ 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. [ United City of Yorkville Zoning Ordinance ][  ] Chapter 18: Telecommunication Tower and Antenna Regulations 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: 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. 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 10-18-5E 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. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 18: Telecommunication Tower and Antenna Regulations 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. T. Annual Administrative Fee And Certifications 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. 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 _________ 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) 10-18-4: 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 the following and 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, 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 A through V of this chapter. 3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 18: Telecommunication Tower and Antenna Regulations 10-18-5: 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 10-4--9 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) - private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only), R-2 (one-family residence) private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only), B-1 (local business district), B-2 (retail business district), B-3 (general business district), B-4 (service business district), and A-1 (agricultural district). 6. Atennas, antenna structures and towers shall be allowed as a special use in the E-1 (estate district) if it is consistent with all of the requirements of this chapter and the following criteria: A. The parcel that any antennas, antenna structures and towers are located on must be at least 2 acres B. The total height of the structure must be less than the distance from the base of the structure to the closest parcel on all adjacent parcels 7. 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). 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 subsection10- 18-3C 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 10-18-3C, 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 [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 18: Telecommunication Tower and Antenna Regulations 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. 11. An applicant shall be notified within 30 days if the application is incomplete. The City shall make a decision on collocation within 90 days and all other siting applications within 150 days of the receipt of a completed application. 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 10-4-9 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 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 E-1, 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 applyto 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: 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 10.18.01 of this section. (2) Separation requirements for towers shall comply with the minimum standards established inTable 10.18.01 of this section. 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 (listed in linear feet) shall be as shown in Table 10.18.02 of this section. F. Siting On Wetland Prohibited [ United City of Yorkville Zoning Ordinance ][  ] Chapter 18: Telecommunication Tower and Antenna Regulations 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 and natural 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 Table 10.18.01 Separation Requirements Off Site Use/Designated Area Separation Distance Single-family or duplex residential units principal building 500 feet Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired 500 feet Vacant unplatted residentially 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 500 feet Existing multi-family residential units greater than duplex 100 feet or 100 percent of the tower hieght, whichever is greater Non-residentially zoned lands or non-residential None The Fox River or any watercourse 500 feet, as measured from the shore Major highways (as defined in the Yorkville Comprehensive Plan)500 feet from the right of way Table 10.18.02 Existing Tower Separation Distances Existing Tower Type Separation Distance Lattice Guyed Monopole (taller than 75 feet) Monopole (shorter than 75 feet) Lattice 1,000 1,500 500 250 Guyed 1,000 1,750 1,500 1,250 Monopole (taller than 75 feet)500 1,500 250 250 Monopole (shorter than 75 feet)250 1,250 250 250 [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 18: Telecommunication Tower and Antenna Regulations 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 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 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. 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. N. Collocation A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 18: Telecommunication Tower and Antenna Regulations 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. 10-18-6: 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. 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 subsection10-18-5N of this chapter. 10-18-7: 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. Lo c a l G o v e r n m e n t R e v i e w o f C o l l o c a t i o n s – Th e L e g a l F r a m e w o r k Je f f r e y S t e i n b e r g De p u t y C h i e f , S p e c t r u m a n d C o m p e t i t i o n P o l i c y D i v i s i o n Fe d e r a l C o m m u n i c a t i o n s C o m m i s s i o n Wa s h i n g t o n , D C (2 0 2 ) 4 1 8 - 0 8 9 6 Je f f r e y . s t e i n b e r g @ f c c . g o v * T h e s t a t e m e n t s a n d o p i n i o n s e x p r e s s e d i n t h i s p r e s e n t a t i o n a r e m y o w n , a n d d o n o t n e c e s s a r i l y re f l e c t t h e v i e w s o f t h e F C C , a n y i n d i v i d u a l C o mm i s s i o n e r , o r t h e W i r e l e s s T e l e c o m m u n i c a t i o n s Bu r e a u . FC C / N A T O A C o l l o c a t i o n W o r k s h o p Ma y 1 , 2 0 1 2 Wa s h i n g t o n , D . C . Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 2 Ov e r v i e w o f G o v e r n i n g L a w • 47 U . S . C . § 3 3 2 ( c ) ( 7 ) • De c l a r a t o r y R u l i n g , 2 4 F C C R c d 1 3 9 9 4 ( 2 0 0 9 ) (“ S h o t C l o c k ” ) • Mi d d l e C l a s s T a x R e l i e f a n d J o b C r e a t i o n A c t o f 20 1 2 , P . L . 1 1 2 - 9 6 Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 3 47 U . S . C . § 3 3 2 ( c ) ( 7 ) • Go v e r n s a l l p e r s o n a l w i r e l e s s s e r v ic e f a c i l i t i e s s i t i n g ( n e w t o w e r s an d c o l l o c a t i o n s ) • Ge n e r a l l y p r e s e r v e s s t a t e a n d l o c a l au t h o r i t y , s u b j e c t t o s p e c i f i c li m i t a t i o n s • Do e s n o t a d d r e s s a l l o c a t i o n o f a u t h o r i t y b e t w e e n s t a t e a n d l o c a l go v e r n m e n t s • Di s p u t e d c a s e s r e s o l v e d b y c o u r t s , n o t F C C – Ex c e p t i o n f o r d e c i s i o n s b a s e d o n r a d i o f r e q u e n c y e m i s s i o n s Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 4 Se c t i o n 3 3 2 ( c ) ( 7 ) – L i m i t s o n S t a t e / L o c a l A u t h o r i t y • Ma y n o t u n r e a s o n a b l y d i s c r i m i n a t e a m o n g p r o v i d e r s o f fu n c t i o n a l l y e q u i v a l e n t s e r v i c e s • Ma y n o t p r o h i b i t o r h a v e t h e e f f e c t o f p r o h i b i t i n g t h e p r o v i s i o n of s e r v i c e s • Mu s t a c t w i t h i n a r e a s o n a b l e p e r i o d o f t i m e • De n i a l m u s t b e i n w r i t i n g a n d s u p p o r t e d b y s u b s t a n t i a l e v i d e n c e in a w r i t t e n r e c o r d • Ma y n o t r e g u l a t e b a s e d o n e f f e c t o f R F e m i s s i o n s t o t h e e x t e n t th e y c o m p l y w i t h F C C r e g u l a t i o n s Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 5 Sh o t C l o c k D e c i s i o n • In t e r p r e t s “ r e a s o n a b l e p e r i o d o f t i m e ” a n d “ f a i l u r e to a c t ” i n S e c t i o n 3 3 2 ( c ) ( 7 ) • Ad d r e s s e s n e w t o w e r s a n d c o l l o c a t i o n s • Al s o i n t e r p r e t s “ e f f e c t o f p r o h i b i t i n g ” – Ma y n o t d e n y a p p l i c a t i o n s o l e l y b e c a u s e o n e o r mo r e c a r r i e r s s e r v e a g e o g r a p h i c m a r k e t Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 6 Sh o t C l o c k H o l d i n g • Pr e s u m p t i v e l y r e a s o n a b l e p e r i o d o f t i m e i s 9 0 d a y s f o r co l l o c a t i o n s , 1 5 0 d a y s f o r o t h e r a p p l i c a t i o n s – Co l l o c a t i o n s a r e u n l i k e l y t o h a v e s i g n i f i c a n t i m p a c t s o n th e c o m m u n i t y • If p e r i o d i s e x c e e d e d , a g g r i e v e d p a r t y m a y f i l e s u i t w i t h i n 30 d a y s – Ap p l i c a n t a n d g o v e r n m e n t m a y a g r e e t o t o l l t h e p e r i o d • Pr e s u m p t i o n o f r e a s o n a b l e p e r i o d o f t i m e m a y b e r e b u t t e d in c o u r t • Co u r t d e c i d e s a p p r o p r i a t e r e l i e f i f i t f i n d s a v i o l a t i o n Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 7 Mi d d l e C l a s s T a x R e l i e f a n d J o b C r e a t i o n A c t 3 s e t s o f p r o v i s i o n s r e l e v a n t t o c o l l o c a t i o n s : • Se c t i o n 6 4 0 9 ( a ) [ 4 7 U . S . C . § 1 4 5 5 ( a ) ] – l o c a l r e v i e w of t o w e r m o d i f i c a t i o n r e q u e s t s • Se c t i o n 6 4 0 9 ( b ) , ( c ) [ 4 7 U . S . C . § 1 4 5 5 ( b ) , ( c ) ] – f e d e r a l ea s e m e n t s , r i g h t s - o f - w a y , a n d b u i l d i n g s • Se c t i o n 6 2 0 6 [ 4 7 U . S . C . § 1 4 2 8 ] – u s e o f e x i s t i n g in f r a s t r u c t u r e f o r N a t i o n a l P u b l i c S a f e t y B r o a d b a n d Ne t w o r k Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 8 Pu b l i c S a f e t y C o l l o c a t i o n s • St a t u t e e s t a b l i s h e s F i r s t N e t w o r k R e s p o n d e r A u t h o r i t y ( F i r s t N e t ) wi t h i n D e p a r t m e n t o f C o m m e r c e a s n a t i o n w i d e l i c e n s e e • Fi r s t N e t s h a l l u s e e x i s t i n g i n f r as t r u c t u r e t o t h e m a x i m u m e x t e n t ec o n o m i c a l l y d e s i r a b l e ( S e c t i o n 6 2 0 6 ( b ) ( 1 ) ( C ) , ( c ) ( 3 ) ) • Fi r s t N e t s h a l l u s e p a r t n e r s h i p s w i t h c o m m e r c i a l p r o v i d e r s t o t h e ma x i m u m e x t e n t e c o n o m i c a l l y de s i r a b l e ( S e c t i o n 6 2 0 6 ( b ) ( 3 ) ) • Fi r s t N e t s h a l l c o n s u l t w i t h s t a t e a nd l o c a l j u r i s d i c t i o n s o n f a c i l i t i e s pl a c e m e n t ( S e c t i o n 6 2 0 6 ( c ) ( 2 ) ) Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 9 Se c t i o n 6 4 0 9 ( a ) • St a t e o r l o c a l g o v e r n m e n t “ m a y n o t d e n y , a n d s h a l l ap p r o v e ” a n y a p p l i c a t i o n c o v e r e d b y s e c t i o n • Ap p l i e s t o c o l l o c a t i o n , r e m o v a l , o r m o d i f i c a t i o n o f eq u i p m e n t o n w i r e l e s s t o w e r o r b a s e s t a t i o n – Do e s n o t a p p l y t o c o l l o c a t i o n o n a s t r u c t u r e t h a t i s no t a w i r e l e s s t o w e r o r b a s e s t a t i o n • Do e s n o t a p p l y i f a c t i o n s u b s t a n t i a l l y c h a n g e s t h e ph y s i c a l d i m e n s i o n s o f a t o w e r o r b a s e s t a t i o n Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 10 Su b s t a n t i a l C h a n g e i n P h y s i c a l D i m e n s i o n s • St a t u t e d o e s n o t d e f i n e • FC C p r e v i o u s l y d e f i n e d “ s u b s t a n t i a l i n c r e a s e i n s i z e ” in t h e N a t i o n w i d e C o l l o c a t i o n A g r e e m e n t , 4 7 C . F . R . Pa r t 1 , A p p . B – NC A e x c l u d e s m o s t c o l l o c a t i o n s t h a t d o n o t i n v o l v e a s u b s t a n t i a l i n c r e a s e i n s i z e f r o m N a t i o n a l H i s t o r i c Pr e s e r v a t i o n A c t S e c t i o n 1 0 6 r e v i e w – FC C a l s o u s e d t o d e f i n e w h a t i t i s a c o l l o c a t i o n f o r pu r p o s e s o f s h o t c l o c k • Ma y b e u s e f u l a s g u i d a n c e i n a p p l y i n g S e c t i o n 6 4 0 9 Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 11 “S u b s t a n t i a l I n c r e a s e i n S i z e ” Un d e r t h e N C A , s u b s t a n t i a l in c r e a s e i n s i z e m e a n s : • In c r e a s e i n t o w e r h e i g h t b y m o r e t h a n 1 0 % o r h e i g h t of a d d i t i o n a l a n t e n n a a r r a y p l u s 2 0 f e e t , w h i c h e v e r i s gr e a t e r • Mo r e t h a n 4 n e w e q u i p m e n t c a b i n e t s o r 1 n e w s h e l t e r • Pr o t r u s i o n o f m o r e t h a n 2 0 f e e t o r w i d t h o f t o w e r , wh i c h e v e r i s g r e a t e r • Ex c a v a t i o n o u t s i d e e x i s t i n g l e a s e d o r o w n e d p r o p e r t y an d c u r r e n t e a s e m e n t s Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 12 Ad m i n i s t r a t i o n o f S e c t i o n 6 4 0 9 ( a ) • Ta k e s p r e c e d e n c e o v e r S e c t i o n 3 3 2 ( c ) ( 7 ) i n t h e e v e n t of a n y c o n f l i c t • Co e x i s t s w i t h S e c t i o n 3 3 2 ( c ) ( 7 ) i n t h e a b s e n c e o f co n f l i c t • Do e s n o t a f f e c t F C C ’ s r e s p o n s i b i l i t i e s u n d e r N H P A an d N E P A Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 13 Co n c l u s i o n • Co l l o c a t i o n s o n s t r u c t u r e s o t h e r t h a n w i r e l e s s t o w e r s an d b a s e s t a t i o n s r e m a i n s u b j e c t s o l e l y t o p r i o r l a w • Co l l o c a t i o n s o n w i r e l e s s t o w e r s a n d b a s e s t a t i o n s a r e su b j e c t t o n e w r e q u i r e m e n t t o a p p r o v e a n d n o t d e n y • Go v e r n m e n t s a n d i n d u s t r y a r e e n c o u r a g e d t o w o r k to g e t h e r o n p r o c e d u r e s t h a t m e e t t h e s t a t u t o r y re q u i r e m e n t s a n d s a t i s f y b o t h c o m m u n i t y a n d in d u s t r y n e e d s Je f f r e y S t e i n b e r g F C C / N A TO A C o l l o c a t i o n W o r k s h o p 14 FC C C o n t a c t s Da n A b e y t a , d a n . a b e y t a @ f c c . g o v , 2 0 2 - 4 1 8 - 1 5 3 8 Do n J o h n s o n , d o n a l d . j o h n s o n @ f c c . g o v , 2 0 2 - 4 1 8 - 7 4 4 4 Je f f r e y S t e i n b e r g , j e f f r e y . s t e i n b e r g @ f c c . g o v , 2 0 2 - 4 1 8 - 0 8 9 6 Chapter 20 SIGNS 8-11-1: PRINCIPLES: The provisions of this chapter recognize that: A. There is a significant relationship between the manner in which 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. (Ord. 2009-31, 6-9-2009) 8-11-2: GENERAL PURPOSE: The regulation of signs by this chapter 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. 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 chapter: 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 chapter. 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. (Ord. 2009- 31, 6-9-2009) 8-11-3: SCOPE: The regulations of this chapter 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 chapter 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. (Ord. 2009-31, 6-9-2009) 8-11-4: DEFINITIONS: 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. 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 chapter. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville building code. BANNER: Any sign made of vinyl, fabric, or similar material that is displayed on a pole or building. National, state or municipal flags, and official flags of any institution or business shall not be considered banners. BILLBOARD: A structure for the permanent display of off premises advertisement 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. For the purposes of this chapter, this definition does not include off premises sponsorship banners. 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. 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. 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. ELECTRONIC MESSAGE DISPLAY PANEL: A separate portion of a lawful sign capable of displaying fixed or changing text, characters, figures or images using light emitting diodes (LEDs), liquid crystal display (LCD), fiber optics, light bulbs or other illumination devices that can be electronically changed by remote or automatic means. The following terms for electronic message display panels shall be defined as follows: Animation: The illusion of movement to drawings, models or inanimate objects by putting separate pictures together to form the illusion of continuous motion. Character: A letter, number, punctuation mark or decimal point. Dissolve: Where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. Fade: Where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. Nits: A luminance unit equal to one candle per square meter measured perpendicular to the rays from the source. Scrolling: Where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. Static: Graphics having no motion or movement of any type. Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation or video. Travel: Where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. Video: Moving images that are a sequence of images of continuous motion and breaking it up into discrete frames for subsequent display. 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. GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going out of business sales do not apply. 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. 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. 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. MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed manually without altering the face or surface of the sign. OFF PREMISES SPONSORSHIP BANNER: Temporary signs which display advertisement for sponsors of an event or facility, such as an athletic event or field, on the location where the sign is located. POLE SIGN: A freestanding sign supported by a column or columns whose total width is less than fifty percent (50%) of the sign face depth. PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure or affixed to the ground or surface upon which it is located. PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for support and projects more than twelve inches (12") from such building, except for awning, canopy and marquee signs. 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. ROOF SIGN: A sign that is wholly dependent upon a building for support or mounted on the roof, which projects more than six inches (6") above the highest point of a building or roof to which it is attached. SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two (2) boards hinged together toward the top to permit the sign to stand when the bottom edges of the boards are spread; each side of which is no more than twelve (12) square feet. SNIPE SIGNS: A temporary or permanent nongovernmental sign 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. TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material. TRAILER SIGN: A sign mounted on a chassis with or without wheels. 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. 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 inches (12") from such building or structure. 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. WINDOW SIGN: A sign which is applied or attached to or located within three feet (3') of the interior of a window, which sign may be seen through the window from the exterior of the structure. (Ord. 2010-04, 1-12-2010; amd. Ord. 2010-18, 4-13-2010; Ord. 2010-25, 6-8-2010; Ord. 2012-38, 10-23- 2012) 8-11-5: SIGNS EXEMPT FROM THIS CHAPTER: Nothing in this chapter shall be construed as exempting the following signs from the building code or those portions of this 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 feet (5') in height or less on private property regulating on premises traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty two (32) square feet in area, five feet (5') 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 authority. 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 noncombustible material and permanently attached to a building. G. Nonilluminated window signs painted on or covering no more than fifty percent (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 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 feet (5') from any lot line and shall be five feet (5') 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 sign not to exceed eight (8) square feet in area and five feet (5') in height. Such sign shall be 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 sixty percent (60%) of the window area excluding glass doors. R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage units. (Ord. 2009-31, 6-9-2009) 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. 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 feet (5') 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 inches (30") shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty five feet (25') 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 eleven o'clock (11:00) P.M. and five o'clock (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 chapter, 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 otherwise in violation of this chapter 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. (Ord. 2009-31, 6-9-2009) 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 signs, except directional or informational signs exempted by subsection 8-11-5E of this chapter. 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 feet (2') in height and projecting not more than twelve inches (12") from the building utilized only to identify a haircutting establishment. (Ord. 2009-31, 6-9-2009) 8-11-8: PERMITTED SIGNS; AGRICULTURAL, FLOOD ZONE AND RESIDENTIAL ZONING DISTRICTS: A. Permanent Signs: 1. Freestanding Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone and residential zoning districts may have one freestanding business or identification sign. Nonresidential uses in the agricultural, flood zone and residential zoning districts on a corner lot with entrances on both streets may have one freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet or less in area, five feet (5') or less in height and set back at least ten feet (10') 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 are 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 fifty percent (50%) of the freestanding sign area may be composed of a message board sign. 2. Building Mounted Identification Or Business Signs: All nonresidential 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 fifty percent (50%) of the building mounted sign area may be composed of a message board sign. Building mounted signage cannot extend more than seventy five percent (75%) of the building facade of the building to which it is attached. 3. Subdivision And Residential Complex Identification Signs: Two (2) 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 feet (8') 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 (2) components, one on each side of the street. B. Temporary Signs: 1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Residential Marketing Signs: Residential marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve feet (12') in height. (Ord. 2009- 31, 6-9-2009) 3. Off Site Marketing Signs: 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 feet (12') in height. Signs for a given development may be located in any zoning district provided that there is at least one-fourth (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 feet (100'). Off site marketing signs for different developments must be at least two hundred fifty feet (250') from any other off site marketing sign. (Ord. 2010-04, 1-12-2010) 4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty two (32) square feet in area and five feet (5') in height. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 8-11-9: PERMITTED SIGNS; BUSINESS ZONING DISTRICTS: A. Permanent Signs: 1. Freestanding Business Signs: On lots less than three (3) acres with one street frontage, one freestanding business sign thirty two (32) square feet or less feet in area and eight feet (8') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger with one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and eight feet (8') 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 of the principal building are made of. The sign panel color and type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2010-04, 1-12-2010) 2. Building Mounted Business/Identification Signs: a. Single Use Building: (1) 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 linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. (2) In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: (1) 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 such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the tenant's exterior wall. (2) In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant's exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a. There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. (Ord. 2012-38, 10-23-2012) e. The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty (1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four (24) hours of the malfunction. h. A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick, stone or masonry construction of the principal building's exterior walls. i. The maximum size of the electronic message display panel shall be: Type Of Commercial Building And Location Maximum Area Of Electronic Message Display Panel Minimum Time Between Video, Animation Or Static Text Single commercial tenant building on parcel adjacent to major arterial (Illinois Routes 47, 126, and 71, and U.S. Route 34) 32 square feet 5 seconds Multiple commercial tenant building on parcel adjacent to major arterial 32 square feet 5 seconds Single commercial tenant building on parcel not adjacent to major arterial 32 square feet 8 seconds Multiple commercial tenant building on parcel not adjacent to major arterial 24 square feet 8 seconds Commercial planned unit development Maximum sign height - 10 feet 75 square feet 5 seconds (Ord. 2012-38, 10-23-2012; amd. Ord. 2012-42, 11-13-2012) B. Temporary Signs: 1. Searchlights: Searchlights. 2. Cold Air Inflatable Devices: Cold air inflatable devices. 3. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 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 feet (5') in height. 5. Construction Signs: One construction sign per lot not to exceed thirty two (32) square feet in area and five feet (5') in height. 6. Wind Feathers: 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 Signs: One portable sign per business not to exceed sixteen (16) square feet in area. (Ord. 2009-31, 6-9-2009) 9. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop, or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 8-11-10: PERMITTED SIGNS; MANUFACTURING ZONING DISTRICTS: A. Permanent Signs: 1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a residentially zoned or used lot with one street frontage, one freestanding business sign shall be allowed. Said sign shall be thirty two (32) square feet or less in area and eight feet (8') or less in height. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger with one street frontage, one freestanding business sign shall be allowed. Said sign shall be a maximum of sixty four (64) square feet or less in area and eight feet (8') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and eight feet (8') 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 of the principal building are 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 fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2009-31, 6-9-2009) 2. Building Mounted Business/Identification Signs: a. Single Use Building: (1) 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 linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. (2) In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: (1) 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 such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the tenant's exterior wall. (2) In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant's exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a. There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. e. The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty (1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four (24) hours of the malfunction. h. A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick, stone or masonry construction of the principal building's exterior walls. i. The maximum size of the electronic message display panel shall be: Maximum Area Of Electronic Message Display Panel Minimum Time Between Video, Animation Or Static Text Manufacturing parcel of 3 acres or less 32 square feet 8 seconds Manufacturing parcel of more than 3 acres 36 square feet 8 seconds (Ord. 2012-38, 10-23-2012) B. Temporary Signs: 1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Construction Signs: One construction sign per industrial lot not to exceed thirty two (32) square feet in area and ten feet (10') in height. 3. Banners/Special Business Event Sign: One banner/special business event sign per business not to exceed thirty two (32) square feet in area and ten feet (10') in height. 4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet in area. 5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1- 12-2010) 8-11-11: NONCONFORMING SIGNS: 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 of a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished and the sign hereafter shall be in conformity with the regulations of this chapter. 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 percent (50%) 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 chapter. In the event the damage or destruction is less than fifty percent (50%) 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 of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this chapter. 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 date hereof. New temporary signs shall be allowed only in conformance with the provisions contained in this chapter. Such signage must be removed by the close of business of the day the temporary sign permit expires. (Ord. 2009-31, 6- 9-2009) 8-11-12: PERMITTING PROCEDURES: Permits for permanent and temporary signs: (Ord. 2009-31, 6-9-2009) A. Permit Required: 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 applicable provisions of this chapter. The fee for granting such a permit for signs shall be established by the city council. The schedule of fees for signs shall be posted in the city offices and may be amended only by the city council. A deposit of fifty dollars ($50.00) shall be required at the time of permit application for any temporary banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner sign, unless the applicant is in violation of the provisions of this chapter. 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. (Ord. 2010-25, 6-8-2010) B. Application For Permit: 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. (Ord. 2009-31, 6-9-2009) C. Temporary Sign Permit Frequency And Duration Per Business: Type Of Sign Maximum Duration Maximum Frequency Banners 30 days 5 times per year Sandwich board or A-frame 6 months Renewable Commercial real estate 6 months Renewable Industrial real estate 6 months Renewable Residential marketing 6 months Renewable Grand opening 45 days Once per business Cold air inflatable device 72 hours Once per year Searchlights 72 hours Once per year Wind feather (per property) 30 days ($25.00 fee) Renewable ($5.00 fee) Construction During active building permit issuance Off premises sponsorship banner 8 months: March through October (Ord. 2010-18, 4-13-2010; amd. Ord. 2010-25, 6-8-2010) 8-11-13: SIGN VARIATIONS: In addition to the procedures and standards listed in section 10-14-5 of this code 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: A. If the sign was erected legally with a sign permit. B. If there are any unique physical characteristics of the property. C. If there are limited available locations for signage on the property. D. The cost to the applicant of complying with the sign ordinance requirements. E. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. G. If the sign would be blocked by existing or required landscaping. H. If it is a wall sign facing a public right of way without a public entrance. (Ord. 2009-31, 6-9-2009)