A. Authorization. Subject to the limitations of this Section, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district.
B. Definition.
1. An accessory structure or use, except for structures and uses accessory to a religious congregation, is a structure or use that:
a. Is subordinate in extent and purpose to, and serves, a principal structure or use; and
b. Is customarily found as an incident to such principal structure or use; and
c. Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal structure or use; and
e. Except as otherwise expressly authorized by the provisions of this Code, is located in its entirety on the same zoning lot as such principal structure or use; and
f. Is under the same ownership and control as such principal structure or use. (Amended 8/2004)
2. A structure or use accessory to a religious congregation is a structure or use located entirely on the same zoning lot as the principal religious congregation that satisfies each of the following standards:
a. An accessory use shall be not-for-profit, except that instructional or educational uses for profit may be permitted as accessory uses as long as they do not alter the not-for-profit character of the religious congregation.
b. No such accessory use shall use or occupy at any time more than 51% of the gross floor area of the buildings on a lot used for a religious congregation for more than 90 days in any calendar year.
c. No accessory structure or use may be for dwelling purposes, unless occupied by clergy or staff serving the religious congregation.
d. The accessory use must be consistent with the physical capabilities of the lot and facilities serving the religious congregation and the requirements of the village Code and other applicable law. (Amended 8/2004)
C. Certificate of Zoning Compliance
. When required by Section 7-301 of this Code, certificates of zoning compliance evidencing the compliance of the accessory use or structure with the provisions of this Code shall be obtained before any such accessory use or structure is established or constructed.
D. Special Regulations Applicable to Particular Accessory Struc-tures and Uses. In addition to the requirements of Subsection E of this Section, the following regulations shall apply to particular accessory structures and uses.
1. Residential Recreational Facilities. Residential recreational facilities shall be limited to use by the occupants of the principal residential use and their guests. Such facilities shall be screened in accordance with Section 5-106 of this Code and shall comply with the use, bulk, space, and yard requirements of the applicable zoning district, except that residential recreational facilities may occupy more than six percent of the lot area of any zoning lot. In addition, the following special regulations shall apply to tennis courts:
(a) The back court areas may be enclosed with a fence not exceeding 10 feet in height, which fence may extend not more than 20 feet along each side of the back court areas. All other fencing shall comply with the general requirements of the Glencoe Village Code.
(b) No more than four light poles may be installed per tennis court, which poles shall not exceed 30 feet in height. No tennis court shall be illuminated at a level exceeding 25 foot candles within the area bounded by the base and side lines of the court, nor shall the level of illumination exceed one foot candle at any lot lines, or any other limitation established in the Village Code.
(c) No tennis court shall be used between the hours of 10:00 p.m. and 7:00 a.m.
2. Storage. Outdoor storage shall not be allowed as an accessory use, except as otherwise expressly permitted by this Code and except for the outdoor storage of materials such as firewood, compost, and mulch. When so permitted, such outdoor storage shall be screened as required by in Section 5-106 of this Code.
3. No Accessory Parking in Single Family Residential Districts. Except when approved as part of a special use permit application, parking lots required for or accessory to any business use shall not be permitted on any lot in any single family residential district.
4. Off-Street Storage of Vehicles in All Residential Districts. The following provisions shall govern the off-street storage of all vehicles in all resi-dential districts:
(a) Storage Defined. For purposes of this Paragraph, the term storage shall mean the parking of a vehicle for a continuous period of longer than 48 hours.
(b) Classification of Vehicles. For purposes of this Code, vehicles shall be classified as follows accord-ing to size, regardless of the use to which the vehicle is put or intended or designed to serve and regardless of any other classification system made applicable to vehicles by any other governmental body:
(i) Class I Vehicle: A vehicle that does not exceed 20 feet in length, seven feet in width, or eight feet in height.
(ii) Class II Vehicle: A vehicle that is not a Class I vehicle and that does not exceed 30 feet in length, eight feet in width, or 11 feet in height and that, if used in commerce, does not exceed 8,000 pounds in gross weight, including vehicle and maximum load.
(iii) Class III Vehicle: A vehicle that is neither a Class I vehicle nor a Class II vehicle.
(c) Storage of Vehicles in Garages: Any number of Class I, Class II, or Class III vehicles may be stored in a garage in a residential district provided that said garage complies with all applicable provisions of this Code and provided further that Class III vehicles shall be stored only in a completely enclosed garage. In addition, no garage shall be used for repairing any motor vehicle not regularly stored in said garage or for repairing any motor vehicle for remuneration.
(d) Storage of Vehicles in Parking Lots. Subject to the provisions of Subparagraph D4(f) of this Section, any number of Class I or Class II vehicles may be stored in lawfully existing parking lots in the R-D District (or any such parking lot approved in a residential district as part of a special use permit); provided, however, that no vehicle shall be stored so as to reduce the availability of off-street parking spaces below the minimum number of spaces required pursuant to Subsection 5-104E of this Code. No Class III vehicle shall be stored in any parking lot in a residential district.
(e) Storage of Vehicles in Parking Areas. Vehicles may be stored in parking areas only in compli-ance with the provisions of Subparagraph D4(f) of this Section and only in the following locations on a lot in a residential district:
(i) Class I Vehicle: Anywhere on the lot, including any required yard; provided, however, that no Class I recreational vehicle may be stored in the front yard of any lot and provided further that no more than one such recreational vehicle may be stored in the required side yards.
(ii) Class II Vehicle: Anywhere on the lot, including the required side and rear yards, but excluding the required front and corner side yards, and provided that no Class II recreational vehicle may be stored in any required side yard.
(iii) Class III Vehicle: Nowhere on the lot.
(f) General Regulations and Standards: The following standards and regulations shall apply to the storage of vehicles in parking lots and parking areas on a lot in a residential district:
(i) Distance from Lot Line, Public Sidewalk. No Class II or III vehicle shall be stored in a parking lot within ten feet of any lot line or any vehicular or pedestrian right-of-way.
(ii) Surface. No motorized vehicle shall be stored except on an all-weather stone, gravel, asphaltic, or cement pavement surface.
(iii) Screening. See Subsection 5-106C of this Code for landscaping and screening requirements applicable to the storage of Class II vehicles on a lot in a residential district.
(iv) Permanent Location Prohibited. No vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready removal.
(v) Residential Use Prohibited. No vehicle shall be used for living, sleeping, or housekeeping purposes.
(vi) Utility Hookups. No vehicle shall be connected to the facilities or equipment of any public utility except for required servicing.
(viii) Unsafe Conditions. No vehicle shall be parked or stored so as to create a dangerous or unsafe condition. The ground under or surrounding the location wherein a vehicle is stored shall be free of noxious weeds, debris, and combustible material.
(g) Renting of Garage Space. Storage of vehicles in a garage shall be limited to vehicles owned or used primarily by occupants of the principal residential use on the lot and their guests, except that garage space may be rented for the storage of a vehicle of a person not residing on said lot in accordance with the following limitations:
(i) All Residential Districts. In any residential district, one space in a garage may be so rented.
(ii) Multiple Family District. In the R-D District, two spaces in a two-car or three-car garage may be so rented, but not more than one-half of the spaces may be so rented in any garage that exceeds three--car capacity.
5. Storage of Inoperable Vehicles. No vehicle incapable of being driven or used for the purpose or use for which it was designed, other than a vehicle awaiting timely repair at a gasoline service station or new or used car dealer, shall be stored in any parking lot or parking area in the Village.
6. Accessory Building as Residential Structure. No accessory building in a residential district shall be used for dwelling purposes; provided, however, that domestic servants may use second floors of garages for dwelling purposes.
7. Antennae With Surface Areas of 10 Square Feet or Less Other than Personal Wireless Services Antennae: Antennae and antenna support structures, other than personal wireless services antennae, having an antenna surface area not greater than 10 square feet, and no single dimension exceeding 12 feet, shall be permitted as accessory structures; provided, however, that such antennae and antenna support structures may be located closer than 10 feet from, and may be attached to, any other building on the same lot. (3/1999)
8. Antennae, other than Amateur Radio Facilities and Personal Wireless Services Antennae, With Surface Areas Exceeding 10 Square Feet. Except for amateur radio facilities permitted pursuant to Paragraph D9 of this Section, personal wireless service antennae permitted or specially permitted pursuant to Paragraph D12 of this Section, and personal wireless services antennae which may be permitted as a special use pursuant to Paragraph D13 of this Section, antennae and antenna support structures having an antenna surface area greater than 10 square feet, or having any single dimension exceeding 12 feet, shall be permitted as accessory structures only in compliance with the following regulations: (3/1999)
(a) Number Limited. No more than one such antenna and antenna support structure may be located on any zoning lot.
(b) Height Limited. No such antenna and antenna support structure shall exceed 12 feet in height unless such antenna and antenna support structure is attached to a building pursuant to Subparagraph D8(c) of this Section.
(c) Attachment to Buildings Limited. No such antenna or antenna support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:
(i) Size. The antenna and its support structure shall not exceed 15 square feet in antenna surface area or 12 feet in any dimension.
(ii) Height. The antenna and its support structure shall not extend more than three feet above the highest point of the build-ing on which it is mounted or the maximum permissible building height, whichever is less.
(iii) Mounting. The antenna and its support structure shall not be attached or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of 80 miles per hour without the use of supporting guy wires.
(iv) Color. The antenna and its support structure shall be a color that blends with the roof or building side on which it is mounted.
(v) Grounding. The antenna and its support structure shall be bonded to a grounding rod.
(vi) Other Standards. The antenna and its support structure shall satisfy such other design and construction standards as are required in the Building Code and other ordinances, codes, or regulations to ensure safe con-struction and maintenance of the antenna and its support structure.
(d) Setback Requirements. Antenna and antenna support structures shall comply with the applicable district yard and area requirements, except that:
(i) Street Setback. No such antenna or its support structure shall be erected or maintained closer to any street than the required front or corner side yard or the wall of the principal building to which it is accessory that is nearest to such street.
(ii) Setbacks from Other Buildings. Antennas and antenna support structures may be located closer than 10 feet from any other structure on the same lot.
(e) Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna or its support structure except when used to anchor the antenna or support structure to an existing building to which such antenna or support structure is attached.
(f) Screening. See Subsection 5-106E of this Code for landscaping and screening requirements applicable to ground mounted antennas.
9. Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet. Any antenna and antenna support structure having an antenna surface area greater than 10 square feet or having any single dimension exceeding 12 feet that is capable of transmitting as well as receiving signals and is licensed by the Federal Communications Commission as an amateur radio facility must satisfy each of the following conditions:
(a) Number Limited. No more than one such antenna support structure with an antenna surface area greater than 10 square feet or any single dimension exceeding 12 feet may be located on any zoning lot.
(b) Height Limited. No such antenna support structure shall, if ground mounted, exceed 65 feet in height or, if attached to a building pursuant to Subparagraph D9(c) of this Section, the height therein specified.
(c) Attachment to Buildings Limited. No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:
(i) Height. The antenna support structure shall not extend more than 20 feet above the highest point of the building on which it is mounted.
(ii) Mounting. The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of 80 miles per hour without the use of supporting guy wires.
(iii) Grounding. The antenna and its support structure shall be bonded to a grounding rod.
(iv) Other Standards. The antenna support structure shall satisfy such other design and construction standards as are required in the Building Code and other ordinances, codes, or regulations to ensure safe construction and maintenance of the antenna and its support structure.
(d) Setback Requirements. Antennas and antenna support structures shall comply with the applicable district yard and area requirements, except that:
(i) Street Setback. No such antenna or its support structure shall be erected or maintained closer to any street than the required front or corner side yard or the wall of the principal building to which it is accessory that is nearest to such street.
(ii) Setbacks from Other Buildings. Antennas and their support structures may be located closer than 10 feet from any other structure on the same zoning lot, but no such antenna or its support structure shall be located nearer than one-half the height of the antenna and support structure to any habitable building on any adjacent lot.
10. Antennas of Public Bodies. The regulations in Paragraphs D8 and D9 of this Section shall not apply to antennas and antenna support structures owned or maintained by the Village, the Glencoe Park--Recreation District, or the Glencoe Elementary School District.
11. Uses Subject to Special Restrictions. When the district regulations of this Code require compliance with any procedures or standards with respect to a specific use, such use shall not be established as an accessory use except in compliance with those procedures and standards.
12. Personal Wireless Services Antennae with or without Support Structures and Related Equipment. Personal wireless services antennae, antenna support structures (other than towers), and related equipment shall be permitted in the Residential and Business Districts, subject to the issuance of a special use permit as provided in Section 7-502 of this Code (except as otherwise provided in paragraphs 3-102A7 and 4-102E4, provided that such antenna, antenna support structure, and related equipment comply with the following regulations:
(a) Unavailability of Village Sites. No personal wireless services antenna or antenna support structure shall be permitted on any lot that is not owned or occupied by the Village unless the applicant is able to demonstrate that no such Village owned or occupied property is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services.
(b) Number Limitation. No more than four (4) such personal wireless services antennae and antenna support structures may be located on any zoning lot.
(c) Height Limitation. No such personal wireless services antenna and antenna support structure shall exceed twelve (12) feet in height or any other dimension nor ten (10) square feet in antenna surface area unless such personal wireless services antenna and antenna support structure is attached to a building pursuant to Subparagraph D12(d) of this Section.
(d) Attachment to Buildings Limitation. No such personal wireless services antenna or antenna support structure shall be attached to a principal or accessory structure on the same lot unless all of the following conditions are satisfied:
(a) Size. The personal wireless services antenna and its support structure shall not exceed fifty-six (56) square feet in antenna surface area or sixteen (16) feet in any dimension.
ii) Height
. The personal wireless services antenna and its support structure shall not extend more than eight (8) feet above the height of the point at which the antenna or its support structure is attached to the building, or structure or its chimney.
iii Mounting. Unless located on a Village owned or occupied lot or expressly provided in an ordinance granting a special use permit, the personal wireless services antenna and its support structure shall not be mounted on or attached to the front of any principal building including any portion of the building roof facing any street. The personal wireless services antenna and its support structure shall be designed to withstand a wind force of 100 miles per hour without the use of supporting guy wires.
iv Color. The personal wireless services antenna and its support structure shall be a color that blends with the roof or portion of the building on which it is mounted.
v Grounding. The personal wireless services antenna and its support structure shall be bonded to a grounding rod.
vi Other Standards. The personal wireless services antenna and its support structure shall satisfy such other design and construction standards as are required in the Building Code and other ordinances, codes, or regulations to ensure safe construction and maintenance of the personal wireless services antenna and its support structure.
(e) Setback Requirements
. Personal wireless services antennae and antenna support structures shall comply with the applicable district yard and area requirements, except that:
(i) Street Setback. No such personal wireless services antenna or its support structure shall be erected or maintained closer to any street than the required front or corner side yard line or the wall of the principal building on the same lot that is nearest to such street.
(ii) Setbacks from Other Buildings
. Personal wireless services antennae and antenna support structures may be located closer than ten (10) feet from any other structure on the same lot.
(f) Guy Wires Restricted. No guy or other support wires shall be used in connection with such personal wireless services antenna or its support structure except when used to anchor such antenna or support structure to an existing building to which such antenna or support structure is attached.
(g) Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna:
(i) in any Residential District shall be located within the principal building on the zoning lot unless it is either (A) located on a lot lying west of the Edens Expressway that is owned or occupied by the Village, or (B) otherwise expressly provided in an ordinance granting the special use permit.
(ii) in any Business District, shall be located either within the principal building on the zoning lot or on the rooftop of such building, in which case such equipment and appurtenances shall be subject to the requirements of subsection 5-106F of this Code.
(h) Screening. See Subsections 5-106E of this Code for landscaping and screening requirements applicable to ground mounted antennae.
(i) Licenses and Permits. The provider of every personal wireless services antenna shall maintain all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna. In addition, any such operation shall provide copies of such licenses and permits and provide evidence of renewal or extension thereof when requested by the Village Manager.
(j) Limited to Applicant. Every ordinance granting approval of a special use permit for a personal wireless services antenna or tower shall state that any assignment or transfer of the special use permit or any of the rights thereunder may be made only with the approval of the Board of Trustees.
(k) Term Limitation. Every ordinance granting approval of a special use permit for a personal wireless services antenna or tower may provide that:
(i) where the provider of personal wireless services is not the owner of the land on which such antenna or tower is located, the term of the special use permit is limited to the term of the lease or other agreement granting rights to use the land; and
(ii) the special use permit shall be subject to review by the Board of Trustees, at ten year intervals, to determine whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified, and whether the special use permit should be modified or terminated as a result of any such change.
(l) Abandonment and Removal. When one or more personal wireless services antennae, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such personal wireless services antenna, antenna support structure, or related equipment may be deemed to be abandoned by the Village. The owner of such personal wireless services antenna, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of personal wireless services use an antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision for any support structure or personal wireless services facilities shall be measured from the cessation of operation by all such providers of the support structure or personal wireless services facilities. (3/1999)
13. Personal Wireless Services Antennae Located on Towers and Related Equipment. Personal wireless services antenna located on towers and related equipment may be allowed in any district subject to (i) the requirements of Sections 3-103E or 4-103 F; (ii) the issuance of a special use permit as provided in Section 7-502 of this Code; and (iii) the additional standards hereinafter set forth:
(a) Unavailability of Village Sites. No personal wireless services antenna or antenna support structure shall be permitted on any lot that is not owned or occupied by the Village unless the applicant is able to demonstrate that no Village owned or occupied property is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services.
(b) Number Limitation. No more than one tower may be located on any zoning lot, and no more than one provider of personal wireless services may be permitted on such tower unless expressly authorized by special use permit.
(c) Height Limitation. No such personal wireless services antenna and tower shall exceed a combined height of 90 feet. (Adopted 26 October 2000)
(d) Design of New Antenna Support Structures for Co-Location
. Unless otherwise authorized by the Board of Trustees for good cause shown, every new tower shall be designed, constructed, and installed to be a sufficient size and capacity to accommodate at least one additional personal wireless service provider to locate personal wireless services antennae on such tower in the future. Any special use permit for a tower may be conditioned upon the agreement of the applicant to allow co-location of other personal wireless services providers on commercially reasonable terms specified in such special use permit.
(e) Tower Design. Every new tower shall:
(i) be of monopole rather than latticework design, unless otherwise authorized by the Board of Trustees for good cause shown, and without catwalks;
(ii) not be illuminated or have any signs installed thereon unless otherwise required by federal law or regulations; and
(iii) be separated from any principal building by a distance that is not less than 110 percent of the height of the tower. For the purposes of this requirement, this distance shall be measured horizontally from the center of the base of the tower to the point where the ground meets a vertical wall of such principal building
Any deck on such tower shall be centered on the tower and the radius from the center of the tower to the outside of the deck shall not exceed six feet. No side of any such deck shall exceed six feet vertically.
(f) Protection Against Climbing. Every personal wireless services antenna and tower shall be protected against unauthorized climbing or other access by the public.
(g) Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna installed on a tower shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade and shall be located on the same zoning lot as the tower unless otherwise expressly provided in the special use permit. (Adopted 26 October 2000) When a new structure is required to house such equipment, such structure shall be used exclusively to house such equipment and shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure, and shall not exceed 360 square feet for each provider of personal wireless services using the tower. Any free-standing structure that is not attached to or within an existing building or located completely below grade shall not exceed a maximum height of 15 feet.
(h) Licenses and Permits. The provider of every personal wireless services antenna shall maintain all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna. In addition, any such provider shall provide copies of such licenses and permits and provide evidence of renewal or extension thereof when requested by the Village Manager.
(i) Limited to Applicant. Every ordinance granting approval of a special use permit for a personal wireless services antenna or tower shall state that any assignment or transfer of the special use permit or any of the rights thereunder may be made only with the approval of the Board of Trustees.
(j) Term Limitation. Every ordinance granting approval of a special use permit for a personal wireless services antenna or tower may provide that:
(i) where the provider of personal wireless services is not the owner of the land on which such antenna or tower is located, the term of the special use permit is limited to the term of the lease or other agreement granting rights to use the land; and
(ii) the special use permit shall be subject to review by the Board of Trustees, at ten year intervals, to determine whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified, and whether the special use permit should be modified or terminated as a result of any such change.
(k) Abandonment and Removal. When one or more personal wireless services antennae, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such personal wireless services antenna, antenna support structure, or related equipment may be deemed by the Village to be abandoned. The owner of such personal wireless services antenna, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of personal wireless services use an antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision for any support structure or personal wireless services facilities shall be measured from the cessation of operation by all such providers of the support structure or personal wireless services facilities.
(l) Setback Requirements. Personal wireless services antenna and towers shall comply with the applicable district yard and area requirements except that:
(i) Street Setback
. No such personal wireless services antenna or tower shall be erected or maintained closer to any street than the required front or corner side yard or the wall of the principal building on the same lot that is nearest to such street.
(ii) Setbacks from Other Buildings
. Personal wireless services antennae and towers may be located closer than 10 feet from any other structure on the same lot, subject to the limitations of subparagraph (e)(iii) of this Paragraph 13.
(m) Guy Wires Restricted. No guy or other support wires shall be used in connection with any tower.
(n) Screening. See Subsection 5-106E of this Code for landscaping and screening requirements applicable to ground mounted antennas.
(o) Relief. The Board of Trustees may, in approving a special use permit for such personal wireless service antennae located on towers, reduce, waive, or otherwise modify the applicable setback, street setback, and/or use, bulk, space, and yard requirements otherwise applicable under this Code, provided that any such reduction, waiver, or modification comports with the applicable standards for the granting of special use permits under this Code. (Adopted 26 October 2000)
(14) Personal Wireless Services Antennae and Related Equipment on Existing Utility Poles. Personal wireless services antennae and related equipment shall be permitted to be attached to existing utility poles within public rights-of-way and on zoning lots in the Residential and Business Districts, subject to the following regulations:
(a) Unavailability of Village Sites; Rights-of-Way. No personal wireless services antenna shall be permitted on any utility pole located on a lot that is not owned or occupied by the Village unless the applicant is able to demonstrate that no such Village-owned or occupied property is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. Any personal wireless services antenna or related equipment may only be attached to an existing utility pole within a public right-of-way in accordance with the requirements of Article IX of Chapter 30 of the Village Code (or any successor provisions of the Village Code governing construction of utility facilities in the rights-of-way).
(b) Number Limitation. Not more than one personal wireless services antenna or antenna support structure may be located on a single utility pole.
(c) Attachment to Utility Poles; Limitations. No such personal wireless services antenna or antenna support structure shall be attached to a utility pole unless all of the following conditions are satisfied:
(i) Size. The personal wireless services antenna and related equipment shall not exceed four (4) square feet in antenna surface area or four (4) feet in any dimension.
(ii) Height. The personal wireless services antenna and related equipment shall not extend more than seven (7) feet above the height of the utility pole to which it is attached.
(iii) Mounting. The personal wireless services antenna and related equipment shall be designed to withstand a wind force of 100 miles per hour without the use of supporting guy wires.
(iv) Color. The personal wireless services antenna and related equipment shall be a color that blends with the surroundings of the pole on which it is mounted. Any wiring on the pole must be covered with an appropriate cover or cable shield.
(v) Grounding. The personal wireless services antenna and related equipment structure shall be bonded to a grounding rod.
(vi) Other Standards. The personal wireless services antenna and related equipment shall satisfy such other design and construction standards as are required in the Building Code and other ordinances, codes, or regulations to ensure safe construction and maintenance of the personal wireless services antenna and its support structure.
(d) Separation and Setback Requirements. Personal wireless services antennae and related equipment attached to a utility pole shall be located no closer than 100 feet to any residential building, and no closer than 500 feet from any other personal wireless services antenna, unless expressly authorized in writing by the Village Manager or the Manager's designee pursuant to Article IX of Chapter 30 of the Village Code.
(e) Guy Wires Restricted. No guy or other support wires shall be used in connection with such personal wireless services antenna or its related equipment.
(f) Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna shall comply fully with the Article IX of Chapter 30 of the Village Code.
(g) Screening. See Subsection 30-86(e) of the Village Code for landscaping and screening requirements applicable to ground mounted antennae and related equipment.
(h) Licenses and Permits. The provider of every personal wireless services antenna shall maintain all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna. In addition, any such operation shall provide copies of such licenses and permits and provide evidence of renewal or extension thereof when requested by the Village Manager.
(i) Abandonment and Removal. When one or more personal wireless services antennae or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such personal wireless services antenna, antenna support structure, or related equipment may be deemed to be abandoned by the Village. The owner of such personal wireless services antenna or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner.
(Adopted July 19, 2012)
(15) Arbors.
Arbors are permitted in the Residential Districts. An arbor will be exempt from the regulations in the Zoning Code, and will not be included in the floor area calculations for a residential structure, if the arbor complies with all of the following conditions:
(a) Only one arbor is located on the zoning lot;
(b) No part of the arbor is located closer than two feet from the front lot line, corner side lot line, or side lot line of any adjacent property;
(c) The arbor is no more than nine feet in height, six feet in width, and three feet in depth;
(d) The top and sides of the arbor are no less than 50 percent open and the front and rear of the arbor are no less than 100 percent open; and
(e) Any gate or fence attached to or incorporated into the arbor complies with all of the Village's fence regulations as set forth in Article XI of Chapter 9 of the Village Code. (Adopted December 15, 2011)
(16) Pergolas. Pergolas shall be permitted in the Residential Districts. A pergola will be exempt from the regulations in the Zoning Code, and will not be included in the floor area calculations for a residential structure, if the pergola complies with all of the following conditions:
(a) Only one pergola is located on the zoning lot;
(b) The pergola is no more than 12 feet in height and no more than 250 square feet in area;
(c) Open top and sides. Those portions of the pergola that are not comprised of the walls of the residential structure or the support columns for the pergola must each be no less than 100 percent open and unscreened. The roof of the pergola must also be no less than 50 percent open and unscreened;
(d) The pergola must comply with all applicable setback requirements. (Adopted December 15, 2011)
(17) Emergency Generators.
a. Emergency Generators shall be permitted in the Residential Districts.
b. The total side yard setback requirement of Subparagraph 3-111C2(a)(iii) or 3-111C2(b)(iii) will not apply to the location of an emergency generator, and one emergency generator will be exempt from the floor area ratio requirements for the associated residential structure.
c. The operation of the emergency generator may be tested only between 9:00 a.m. and 12:00 p.m. on weekdays, excluding holidays.
d. Not more than one emergency generator on a lot will be exempt from the otherwise applicable bulk and space requirements of the Zoning Code if such emergency generator complies with all of the following conditions:
1. The emergency generator serves the principal building or use on the lot.
2. The emergency generator does not exceed 39 inches in height, and does not exceed 53 inches in its length or width.
3. The emergency generator is located in the rear yard or the required minimum side yard and is not farther than three feet from the side or rear wall of the building or structure that the emergency generator serves.
4. Sound attenuation measures are provided that limit the sound output from the emergency generator at all times to a level no higher than 70 db as measured from any lot line of the property on which the generator is located. No permit shall be issued for the emergency generator unless the permit applicant has provided satisfactory evidence demonstrating that such sound restrictions will be satisfied. (Am. Ord. 2012-01-3302, passed 1-19-2012)
E. Use, Bulk, Space, and Yard Regulations. Except as expressly provided otherwise in this Section, every accessory structure and use shall comply with the use, bulk, space, and yard requirements made applicable to them by the regulations of the district in which they are located. In addition, unless provided otherwise in this Section, no accessory structure or structures shall be nearer to the street front lot line than the furthest point from the front lot line along the building front of the principal structure on the lot, plus ten feet. On through lots, this additional front setback requirement for accessory structures shall only apply to one front lot line, as determined by the Village Manager or their designee to be the lot line closest to what is functionally the front of the principal structure. (Am. Ord. 2024-16-3593, passed 10-17-2024)
F. Use Limitation. No accessory structure or use shall be constructed, established, or maintained on any lot prior to the substantial completion of construction of the principal structure to which it is accessory.